Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
190408 Regular Council Meeting Agenda
The Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, April 8, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Meeting of Monday, April 8, 2019 be adopted. 3.Moment of Silence 4.Disclosures of Pecuniary Interest and the General Nature Thereof 5.Adoption of Council Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council Meeting of March 25, 2019 and the Special Council Meetings of March 21 and April 1, 2019 be approved. 6.Presentations 6.1 Town of Tillsonburg Aquatics Facility Study Anand Desai, MCIP, RPP, M.E.Des. Associate Planner, Monteith Brown Planning Consultants Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council receives the presentation by Monteith Brown Planning Consultants, in regards to the Town of Tillsonburg Aquatics Facility Study, as information; AND THAT the information be referred to the Town's Advisory Committees for comment, and subsequently to staff for a report and recommendation back to Council. 6.2 Tillsonburg Community Centre Design Discussion, Design Option Report Chris Burbidge, OAA Senior Associate, Maclennan Jaunkalns Miller Architects (MJMA) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receives the presentation by Maclennan Jaunkains Miller Architects (MJMA), in regards to the Tillsonburg Community Centre Design Option Report, as information; AND THAT the information be referred to the Town's Advisory Committees for comment, and subsequently to staff for a report and recommendation back to Council. 7.Public Meetings 8.Planning Applications 8.1 Application for Zone Change - ZN 7-19-03 - Oxnard Developments Inc. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application, File No. ZN 7-19-03, as submitted by Oxnard Developments Inc., for lands described as Blocks 6,7 & 9, Plan 41M-272, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Potters Gate. 9.Delegations 10.Deputation(s) on Committee Reports 10.1 CLK 19-10 - Tillsonburg Transit Advisory Committee Terms of Reference Presenter: Sherry Hamilton, Chair, Tillsonburg Transit Advisory Committee Page 2 of 333 Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 19-10 - Tillsonburg Transit Advisory Committee Terms of Reference; AND THAT Council approves the amended Terms of Reference for the Tillsonburg Transit Advisory Committee. 10.2 DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model Presenter: Jesse Goossens, Chair, Economic Development Advisory Committee Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model as information. 10.3 OPS 19-09 - Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual Presenter: Mark Renaud, Chair, Tillsonburg Airport Advisory Committee Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-09 - Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual, as information. 11.Information Items 11.1 Ministry of Infrastructure and Communities - Gas Tax Fund Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the Minister of Infrastructure and Communities, in regards to the Gas Tax Fund, as information. 11.2 Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area - Appreciation for 2019 Municipal Grant Proposed Resolution #10 Page 3 of 333 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area, expressing appreciation for the municipal grant, as information. 11.3 Tillsonburg District Chamber of Commerce - THI Distribution System Expansion Costs and Charges Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the Tillsonburg District Chamber of Commerce, in regards to Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges, as information. 12.Mayor Reports 12.1 MYR 19-06 - MMAH Regional Review Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ WHEREAS the Province of Ontario (MMAH) has begun a Regional Government Reform initiative that includes Oxford County and hence the Town of Tillsonburg; AND Whereas the Council for the Town of Tillsonburg supports an open, transparent and fact-based approach to identifying any areas of operational efficiencies and financial savings; And WHEREAS the Town of Tillsonburg is committed to both protect and enhance, in a responsible manner, the proud legacy of our municipality; AND WHEREAS the Council for the Town of Tillsonburg opposes a One Tier Governance structure in Oxford County as historical indications suggest it will not result in better decision making, will not result in improved services or level of customer service and will not provide any overall net cost efficiencies; AND WHEREAS the Town of Tillsonburg supports the continuation of a Two Tier Governance structure and supports an open and transparent approach to identify local and regional efficiencies; NOW THEREFORE BE IT RESOLVED that Council for the Town of Tillsonburg endorses any opportunity to reinforce and enhance a Two-tier Governance structure in Oxford County; Page 4 of 333 AND FURTHER THAT the material contained within this report be made available to the CAO for his subsequent report as anticipated; AND FURTHER THAT Council endorses the opportunity for enhanced Public Engagement by hosting an Open House session as to be facilitated by Town staff AND FURTHER THAT this report be forward to the other municipalities in Oxford, including the County of Oxford as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-11 - Amend Business Licence By-Law to include Ice Cream vehicles Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CL 19-11 - Ice Cream Refreshment Vehicles; AND THAT a By-Law to amend By-Law 3666 be brought forward for Council consideration. 13.2.2 CLK 19-12 - BIA Board of Management Additional Appointments Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 19-12 BIA Board of Management Additional Appointments; AND THAT By-Law 4289 to amend By-Law 4260, be brought forward for Council consideration. 13.3 Development and Communication Services 13.3.1 DCS 19-05 - Noise By-Law Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-05 Noise By-Law for information; Page 5 of 333 AND THAT Noise By-Law 4255 to regulate noise in the Town of Tillsonburg be brought forward for Council consideration. 13.3.2 DCS 19-06 - Community Improvement Plan Application - 165 Broadway Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-07 - Community Improvement Plan Application – 165 Broadway; AND THAT the 165 Broadway property be approved for the Accessibility Renovation Grant in matching funds to a maximum contribution of $3,000. 13.4 Finance 13.4.1 FIN 19-08 - Additional Funding From Upper Orders Of Government Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FIN 19–08 - Additional Funding From Upper Orders Of Government for information; AND THAT Council approves the Senior Leadership Team’s recommendations for disposition of funds from the upper orders of government. 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-01 - Airport Building Permits Brought forward from the January 28, 2019 Council Meeting. Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-01 - Airport Building Permits; AND THAT Council directs staff to develop an Airport Development Manual to support the administration of development activity at the Airport entirely in-house. 13.6.2 OPS 19-07 - Results for Tender RFT 2019-004 Bradburn Area Page 6 of 333 Reconstruction Stage 2 of 2 Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-07 - Results for Tender RFT2019- 004 Bradburn Area Reconstruction Stage 2 of 2; AND THAT Council awards Tender RFT2019-004 to Elgin Construction of St. Thomas, ON at a cost of $673,902.02 (net HST included), the lowest bid received satisfying all Tender requirements. 13.6.3 OPS 19-08 2019 ICIP - Rural and Northern Stream Funding Application Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-08 - 2019 ICIP – Rural and Northern Funding Stream Application; AND THAT Council reaffirms the Concession Street West Reconstruction as the designated project for the ICIP – Rural and Northern Communities Funding Stream; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. 13.7 Recreation, Culture & Park Services 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives the Museum Advisory Committee Minutes dated February 28, 2019 and March 28, 2019, the Transit Advisory Committee Minutes dated March 19, 2019, the Airport Advisory Committee Minutes dated March 21, 2019, and the Economic Development Committee Minutes dated March 21, 2019, as information. 16.Motions/Notice of Motions Page 7 of 333 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 4255 - To Control Noise, and repeal By-Law 3002 18.2 By-Law 4269 - To Amend By-Law 3666, to Govern the Licensing of Businesses (to include ice cream trucks/bicycles) 18.3 By-Law 4286 - To Authorize Specific Complaints to the Assessment Review Board 18.4 By-Law 4287 - To Authorize an End User Agreement with Elexicon Group Inc., (formerly Whitby Hydro) 18.5 By-Law 4289 - To Amend By-Law 4260, to Appoint Directors to the BIA 18.6 By-Law 4290 - To Amend Zoning By-Law 3295 (ZN 7-19-02) 18.7 By-Law 4291 - To Deem Certain Lands Not To Be Within a Registered Plan of Subdivision (ZN 7-19-02) 18.8 By-Law 4292 - To Amend Zoning By-Law 3295 (ZN 7-19-03) Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT By-Law 4255 - To Control Noise, and repeal By-Law 3002, By-Law 4269 - To Amend By-Law 3666, to Govern the Licensing of Businesses (to include ice cream trucks/bicycles), By-Law 4286 - To Authorize Specific Complaints to the Assessment Review Board, By-Law 4287 - To Authorize an End User Agreement with Elexicon Group Inc., (formerly Whitby Hydro), By-Law 4289 - To Amend By-Law 4260, to Appoint Directors to the B.I.A., By-Law 4290 - To Amend Zoning By-Law 3295 (ZN 7-19-02), By-Law 4291 - To Deem Certain Lands Not To Be Within a Registered Plan of Subdivision (ZN 7-19-02), and By-Law 4292 - To Amend Zoning By-Law 3295 (ZN 7-19-03), 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. Page 8 of 333 19.Confirm Proceedings By-law Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT By-Law 4288, to Confirm the Proceedings of the Council Meeting held on April 8, 2019, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Items of Public Interest 21.Adjournment Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, April 8, 2019 be adjourned at ______ p.m. Page 9 of 333 1 MINUTES Monday, March 25, 2019 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Regrets: Councillor Esseltine Staff: Donna Wilson, Town Clerk Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Lana White, Deputy Clerk/Executive Assistant Regrets: David Calder, CAO Kevin De Leebeeck, Director of Operations _____________________________________________________________________ 1. Call to Order The Meeting was called to order at 5:00 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into Closed Session at 5:00 p.m. to consider personal matters about an identifiable individual, including Town employees (CAO Performance Appraisal). Carried Page 10 of 333 2 3. Adoption of Agenda Resolution # 2 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council Meeting of Monday, March 25, 2019 be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 3 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT the Minutes of the Council Meeting of March 11, 2019 be approved. Carried 7. Presentations 8. Public Meetings Resolution # 4 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04pm. Carried 8.1 Application for Minor Variance - A02-19 - 59 Trillium Drive (Simon Wagler Homes) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and provided an overview of Report 2019-75, File A02-19 Application for Minor Variance. Page 11 of 333 3 Opportunity was given for comments and questions from Council. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 5 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Committee of Adjustment approves Application File A02-19, submitted by Simon Wagler Homes, for lands described as Lot 43, 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 ‘R1-21’ zoned lot from 35% to 36% of the lot area, 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. Carried Resolution # 6 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:06pm. Carried 8.2 Application for Zone Change - ZN 7-19-02 - 74 Sanders Crescent (Erica Patenaude) Eric Gilbert, Senior Planner, County of Oxford, provided an overview of Report CP 2019-83, Application for Zone Change & Deeming By-Law ZN 7-19-02. Opportunity was given for comments and questions from Council. Aaron Pattyn, 90 Denrich Avenue, was in attendance, in support of the application. No members of the public appeared before Council either in support of, or opposition to, the application. Page 12 of 333 4 Council passed the following resolution. A Deeming By-Law and Zoning By-Law will be brought forward at the April 8, 2019 Council Meeting. Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council approves the zone change application submitted by Erica Patenaude, whereby the lands described as Block 47, Plan 41M-241 & Block A, Plan M60, Town of Tillsonburg, known municipally as 74 Sanders Crescent are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ & ‘Low Density Residential Type 1A Holding Zone (R1A-H)’ to ‘Special Low Density Residential Type 1 A Zone (R1A-sp)’ to permit a single detached dwelling with a reduced exterior side yard width; AND FURTHER THAT the Council approves the request to enact a deeming by-law, to deem lands known as Block 47, Plan 41M-241 & Block A, Plan M60, Town of Tillsonburg to not be within a registered plan of subdivision, to merge the lands to provide a single residential building lot. Carried 9. Planning Applications 10. Delegations 11. Deputation(s) on Committee Reports 12. Information Items 12.1 Lake Erie Source Protection Committee Municipal Member Nomination Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the Memo regarding the Lake Erie Region Source Protection Committee Municipal Member Nomination, as information; and THAT Tillsonburg Town Council supports the appointment of the Coordinator of Source Protection (Risk Management Official and Inspector) for the County of Oxford to the Lake Erie Region Source Protection Committee. Page 13 of 333 5 Carried 12.2 Ontario Senior of the Year Award Resolution # 9 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives notice of the Ministry of Citizenship and Immigration's 'Ontario Senior of the Year Award' nomination period; AND THAT nominations received by the municipality will be considered, and a submission made to the Ministry, with a deadline of April 30, 2019. Carried 13. Mayor Reports 13.1 MYR 19-05 - Update - CAO Performance Appraisal Resolution # 10 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council receives Report MYR 19-05; AND THAT Council endorses the recommendations for the identified Goals and Objectives and recommended Remuneration; AND THAT the work of the Review Committee be considered complete and that the Committee be disbanded. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 19-08 - Committees of Council Additional Appointments Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Luciani Page 14 of 333 6 THAT Council receives Report CLK 19-08 - Committees of Council Additional Appointments; AND THAT By-Law 4281 to amend Schedule A of By-Law 4247, be brought forward for Council consideration. Carried 14.2.2 CLK 19-09 - Appointments to the Property Standards Committee Resolution # 12 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives Report CLK 19-09 Appointments to the Property Standards Committee; AND THAT By-Law 4282 to establish and appoint members to the Property Standards Committee by The Corporation of The Town of Tillsonburg, be brought forward for Council consideration. Carried 14.3 Development and Communication Services 14.4 Finance 14.4.1 FIN 19-06 - 2018 Remuneration and Expenses Resolution # 13 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT FIN19-06 - 2018 Remuneration and Expenses be received as information. Carried 14.4.2 FIN 19-07 - Plotter Replacements Page 15 of 333 7 Resolution # 14 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT FIN19-07 - Plotter Replacements be received as information; AND THAT two plotter/scanners be purchased by the IT department to replace failing units not included in the 2019 Budget; AND FURTHER THAT the funding for these units comes from the IT Reserve and the Asset Management Reserve ($11,072) using unutilized funds from the purchase of survey equipment. Carried 14.5 Fire and Emergency Services 14.6 Operations 14.6.1 OPS 19-06 - Results for RFP 2019-002 Survey Equipment Resolution # 15 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPS 19-06 - Results for RFP 2019- 002 Survey Equipment; AND THAT Council award RFP 2019-002 to Cansel of Richmond Hill, ON at a cost of $36,012.87 (net HST included), the highest scoring proposal received. Carried 14.7 Recreation, Culture & Park Services 14.7.1 RCP 19-13 - Cogeneration Turbines Factory Protection Plan Resolution # 16 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 19-12 – Cogeneration Turbines Factory Protection Plan; Page 16 of 333 8 AND THAT Council authorizes the Mayor and Clerk to sign the Factory Protection Plan with Whitby Hydro Energy Services Corporation at Level C for 9 years at an annual cost of $39,976 plus applicable taxes. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 17 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee Minutes dated March 6, 2019, the Recreation and Sports Advisory Committee Minutes dated March 7, 2019, the Parks, Beautification and Cemetery Advisory Committee Minutes dated March 7, 2019, and the Accessibility Advisory Committee Minutes dated March 12, 2019, as information. Carried 17. Motions/Notice of Motions 17.1 Councillor Gilvesy - Council Staff Relations Policy Councillor Gilvesy introduced a Motion in regards to the Council Staff Relations Policy. Resolution # 18 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council Staff Relations Policy be reviewed in April 2020. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws Page 17 of 333 9 19.1 By-Law 4281, To Amend Schedule A of By-Law 4247, to Define the Mandate and Membership for Committees 19.2 By-Law 4282, To establish and appoint members to the Property Standards Committee Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 4281, To Amend Schedule A of By-Law 4247, to Define the Mandate and Membership for Committees; and By-Law 4282, To Establish and Appoint Members to the Property Standards Committee, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Confirm Proceedings By-law Resolution # 20 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 4284, to Confirm the Proceedings of the Council Meeting held on March 25, 2019, 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 21. Items of Public Interest The Customer Service Centre will be temporarily relocated from 10 Lisgar Avenue to 200 Broadway, Suite 203, for the period April 4 - 8, 2019, to accommodate construction. Appropriate notice, as well as signage at both locations, will be provided. A Special Council Meeting has been called for April 1, 2019, 5:00 to 6:30 p.m. in the Council Chambers, Development Charges Review. The outdoor ice pad has been turned off for the season. Page 18 of 333 10 22. Adjournment Resolution # 21 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT the Council Meeting of Monday, March 25, 2019 be adjourned at 7:11 p.m. Carried Page 19 of 333 1 MINUTES Thursday, March 21, 2019 2:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Regrets: Councillor Esseltine Staff: David Calder, CAO Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Jeff Smith, Fire Chief Lana White, Deputy Clerk/Executive Assistant Amelia Jaggard, Legislative Services Coordinator Regrets: Donna Wilson, Town Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 2:04 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Agenda as prepared for the Special Council Meeting of Thursday, March 21, 2019, for the purpose of education - Development Charges Study Review, be adopted. Page 20 of 333 2 Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting 7. Presentations 7.1 Development Charges Study Review Andrew Grunda, Watson & Associates Economists Ltd., appeared before Council and provided information regarding the Development Charges Background Study and next steps. Opportunity was given for comments and questions from Council. Resolution # 2 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the presentation from Watson & Associates Economists Ltd. - Development Charges Study Review, as information. Carried 8. Public Meetings 9. Planning Applications 10. Delegations 11. Deputation(s) on Committee Reports 12. Information Items 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.3 Development and Communication Services 13.4 Finance Page 21 of 333 3 13.5 Fire and Emergency Services 13.6 Operations 13.7 Recreation, Culture & Park Services 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 19. Confirm Proceedings By-law Resolution # 3 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT By-Law 4283, to Confirm the Proceedings of the Special Council Meeting held on Thursday, March 21, 2019, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Items of Public Interest 21. Adjournment Resolution # 4 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT the Special Council Meeting of Thursday, March 21, 2019 be adjourned at 3:31 p.m. Carried Page 22 of 333 1 MINUTES Monday, April 1, 2019 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker 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 Regrets: Lana White, Deputy Clerk/Executive Assistant _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, April 1, 2019 be adopted. Carried Page 23 of 333 2 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting 7. Presentations 8. Public Meetings 9. Planning Applications 10. Delegations 11. Deputation(s) on Committee Reports 12. Information Items 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.3 Development and Communication Services 13.4 Finance 13.4.1 FIN 19-07 Review of Development Charge Study The Director of Finance went over the changes to the DC Study from the previous information session. Council was given the opportunity to ask questions. Council discussed the potential DC recoverable costs and how those numbers are determined. Staff to provide the draft study to the Economic Development Advisory Committee for comment. Resolution # 2 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the Draft Development Charge Study; AND THAT the DC study as amended be brought back to the Council meeting of May 13, 2019 for public consultation. Carried 13.5 Fire and Emergency Services 13.6 Operations 13.7 Recreation, Culture & Park Services Page 24 of 333 3 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 19. Confirm Proceedings By-law Resolution # 3 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT By-Law 4285, to Confirm the Proceedings of the Council Meeting held on April 1,2019, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Items of Public Interest 21. Adjournment Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council Meeting of Monday, April 1, 2019 be adjourned at 6:37 p.m. Carried Page 25 of 333 Page 26 of 333 Town of Tillsonburg Aquatics Facility Study February 1, 2019 FINAL REPORT Page 27 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Table of Contents Overview of Aquatics in Tillsonburg ................................................................................................................... 1 Tillsonburg Community Centre ..................................................................................................................................................... 2 Lake Lisgar Water Park ....................................................................................................................................................................... 2 Purpose of the Aquatics Facility Study ..................................................................................................................................... 3 Project Methodology & Timeline ................................................................................................................................................... 3 Tillsonburg Community Profile ...................................................................................................................................................... 4 Selected Trends in the Municipal Aquatics Sector ........................................................................................5 The Value of Aquatics ........................................................................................................................................................................... 5 Program Trends ....................................................................................................................................................................................... 8 Facility Design ........................................................................................................................................................................................... 9 Other Considerations ......................................................................................................................................................................... 10 Community Input Received .................................................................................................................................. 11 Community Survey ............................................................................................................................................................................... 11 Online & Emailed Feedback ........................................................................................................................................................... 13 Aquatics Staff Workshop .................................................................................................................................................................. 14 Preliminary Assessment of Indoor Aquatics ................................................................................................. 15 Service Rationalization ...................................................................................................................................................................... 15 Recommended Indoor Aquatic Centre Design Direction ......................................................................................... 16 Preliminary Assessment of Outdoor Aquatics .............................................................................................. 18 Service Rationalization ...................................................................................................................................................................... 18 Outdoor Aquatic Facility Design Direction – Option 1: Refurbish ......................................................................... 20 Outdoor Aquatic Facility Design Direction – Option 2: Reimagine ...................................................................... 21 Outdoor Aquatic Facility Design Direction – Option 3: Closure & Replacement ......................................... 21 Concluding Remarks ............................................................................................................................................. 23 Appendix A: Community Survey Results Appendix B: Staff Workshop Summary Page 28 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 1 Overview of Aquatics in Tillsonburg For over 70 years, the Town of Tillsonburg has provided high quality indoor and outdoor aquatic experiences to residents and people living in surrounding areas. The Lake Lisgar Waterpark was opened in 1948 as a rectangular swimming pool (then known as the Kinsmen Pool) and was converted into the water park as it now stands in the mid-1990s, while the indoor aquatic centre at the Tillsonburg Community Centre was constructed in 1972. Both aquatic centres are located within a five minute walk of one another, forming part of a broad civic recreational campus that is bounded by Lisgar Avenue to the north, Gowrie Street to the south, Broadway to the west, and Lake Lisgar to the east. Figure 1: Geographic Context of the Tillsonburg Community Centre & Lake Lisgar Water Park Image Source: Google Maps, 2019 Lake Lisgar Water Park Tillsonburg Community Centre Page 29 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 2 Tillsonburg Community Centre The indoor aquatic centre contains a 25 metre, six lane rectangular lap pool with competition starting blocks, male and female change rooms (shared with the fitness centre), a lifeguard office, storage room, and a separated viewing gallery. There is also an exterior entrance providing direct access to the pool deck in addition to the interior access found at the basement level which can be beneficial for persons with disabilities and restricted mobility. While the aquatic centre has serviced the community and surrounding region well over the years, it lacks modern amenities and requires improvements to basic elements such as pool decking, tiling of the pool tank, filtration systems, and accessibility improvements for persons with disabilities. Lake Lisgar Water Park Lake Lisgar Waterpark’s outdoor swimming area offers beach entry, inflatable and spray features, a large water slide, change rooms and a canteen. There is a shaded grassed area north of the pool deck that is well suited for picnicking and pool viewing while the adjacent Memorial Park contains a quality playground structure and pavilion that complement the water play activities. Recently the Waterpark’s usage has declined from historical levels due in part to equipment failures. The bath house was built near the time of the original pool construction and is in an antiquated state despite ongoing efforts of the Town to maintain its aging structure. It contains male and female change rooms, a control desk, lifeguard office, and a small storage area. Tillsonburg Community Centre Image Source: Monteith Brown Planning Consultants Lake Lisgar Waterpark Image Source: Tourism Oxford Page 30 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 3 Purpose of the Aquatics Facility Study In recent years, the Town of Tillsonburg has been faced with greater infrastructure lifecycle pressures to keep up a state of good repair within its aging stock of aquatic facilities. Work is required to retile the Tillsonburg Community Centre’s pool deck, repair the pool basin and replace mechanical systems but doing so requires a considerable capital expenditure. The Lake Lisgar Waterpark is also faced with substantial capital renewal works, notably for replacement of the water slide tower. With limitations and financial renewal costs associated with the Town’s aging aquatics infrastructure, the Town of Tillsonburg has undertaken this Aquatic Facility Study. The intent of the Study is to help the Town make decisions that result in municipal dollars being efficiently spent, focused on priority aquatic facility needs, and hopefully results in more effective operations (including through stimulating greater aquatic use/participation). The Town of Tillsonburg Parks, Recreation & Cultural Strategic Master Plan also provides rationale for undertaking this analysis, particularly for the indoor aquatics centre.1 The Aquatics Facility Study was prepared in conjunction with a separate, but concurrent architectural conceptual design process. The Aquatics Facility Study will be used by Town Staff to inform the preliminary design initiative, but is in no way intended to limit functional design and programming considerations deemed to be appropriate through the architectural assessment. Project Methodology & Timeline The Aquatics Facility Study involved an analysis of community demographics and selected trends applicable to the municipal aquatics sector, as well as engaging the community via a survey and review of comments (received through emails, written submissions and the Town’s social media). A workshop was also held with the Town’s aquatic staff. Using this information, assessments provide the recommended direction for aquatics in Tillsonburg to be considered as part of the preliminary architectural design. The project schedule is as follows: − November 6, 2018 Project initiated with Town Staff and Consultants − November 7, 2018 Background research commences − November 12, 2018 Site Tours of Tillsonburg Community Centre and Lake Lisgar Waterpark − November 12, 2018 Tillsonburg Aquatics Staff Workshop − November 21, 2018 Community Survey and commenting opens to the public − January 1, 2019 Community Survey closes − January 5, 2019 Needs assessments commence − January 16, 2019 Draft Study circulated for Town review − February 1, 2019 Final Study 1 Town of Tillsonburg. 2011. Parks, Recreation & Culture Strategic Master Plan. pp. 60-63. Page 31 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 4 Tillsonburg Community Profile Tillsonburg’s indoor and outdoor aquatic facilities are used by local residents but also capture a degree of regional use. The following market characteristics focus primarily upon the Town of Tillsonburg using data derived from Statistics Canada. The Town of Tillsonburg grew by 3.7% between the 2011 and 2016 Census periods, reaching a population of 15,872 (exclusive of net Census undercount). The Town’s ongoing Development Charges Study establishes a mid-year 2019 estimate of 16,576 persons, growing to 18,510 persons by the year 2031 which amounts to a 12% increase (1,600 persons). The median age of Tillsonburg residents is 48.5 years while the average age is 46.2 years, as recorded through the 2016 Census. Between 2011 and 2016: • The number of children (1,500 persons between the ages of 0 and 9) and youth/teens (1,600 persons between the ages of 10 and 19) in the community was relatively unchanged. • The number of younger adults between the ages of 20 and 34 was also relatively unchanged. • There were 225 fewer adults between 35 and 54 years of age, declining by 6%. • Older adults ages 55 years and over represented the largest growth segment, adding 770 persons (12%) and presently consists of more than 6,600 Tillsonburg residents. Town staff indicate that Tillsonburg has attracted new subdivision growth since the 2016 Census and thus additional younger populations may be reflected when the 2021 Census is undertaken and released. Other notable socio-demographic characteristics include: • Tillsonburg’s average household size of 2.2 persons is lower than averages in Oxford County (2.5) and Ontario (2.6), with two-person households accounting for over 60% of local households. • Median household income of $58,000 is 19% lower than the County median and 21% lower than the provincial median. • There are 2,200 residents (14% of the population) living at or below the Low Income Measure (LIM-AT), a greater rate than the County (11%) and similar to Ontario (14%); nearly one in five Tillsonburg children and youth below the age of 18 live in LIM-AT households (17%). • Most residents are well established Canadians; 87% of the population was born in Canada and 88% of all immigrants in the Town arrived prior to the year 2001. While Tillsonburg’s indoor and outdoor aquatic facilities are used by residents, the Town’s role as a regional service centre results in its pools being used by people living in area municipalities throughout Oxford, Elgin and Norfolk County. The Lake Lisgar Waterpark is marketed as a tourist destination and accordingly attracts a degree of visits beyond the regional catchment. The Town has not yet established a formal “trade area” boundary for the indoor and outdoor aquatic facilities to define their catchments and market characteristics, however, the contributions of non-residents are recognized in this Study. Page 32 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 5 Selected Trends in the Municipal Aquatics Sector The Value of Aquatics Municipalities deliver aquatic services because of the value they bring to residents from a variety of perspectives including safety, accessibility / inclusion, health and wellness, sports and competition, and a sense of community. Although private and backyard pools are gaining popularity, aquatics would be inaccessible for many people if not provided by the municipal sector. Swimming and aquatic programming provide the public with valuable water safety programs and offer services to teach interested persons swimming skills. Using a health and wellness lens, swimming and other aquatic activities are excellent low-impact exercise opportunities to develop mobility, endurance, and strength training. Tillsonburg Community Centre Image Source: Town of Tillsonburg Swimming pools are popular facilities, offering a variety of options for all ages and abilities. Swimming has low-barriers to participation in that little equipment is required (appropriate bathing attire), it is low- to-no cost for drop-in activities (fees are usually associated with scheduled or registered programs), and anyone can participate in some form. From a municipal service and facility perspective, aquatic facilities complement fitness and recreational atmospheres and pair well with other facilities such as community centres, seniors’ centres, arenas, gymnasiums and libraries. Swimming facilities often anchor major community centres and can be used to build a community hub of activity (i.e., multiple municipal and / or private service providers located at a single site), much like the way that Tillsonburg’s indoor and outdoor pools anchor the Memorial Park campus of recreation facilities/amenities. In light of these benefits, the Town of Tillsonburg and a number of area municipalities operate indoor and outdoor aquatic facilities. Page 33 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 6 Regional Indoor Aquatic Centres Tillsonburg and Ingersoll are the smallest area municipalities by population that offer indoor pools; other regional benchmarks that provide indoor aquatic facilities have populations above 40,000 persons. With the exception of Brantford’s Wayne Gretzky Sports Centre (offering a 65 metre and 25 metre pool), municipalities have employed a 25 metre pool design that are rectangular (except for Woodstock which is L-shaped), contain between 4 and 6 lanes, and whose gendered changerooms are supplemented by family changerooms (except for Tillsonburg). Municipality Population No. of Indoor Aquatic Centres Facility Type Tillsonburg 16,000 1 Tillsonburg Community Centre 25 metre, 6 lane rectangular pool with competition starting blocks Bayham 7,500 0 n/a Brant County 37,000 0 n/a Brantford 97,000 1 Wayne Gretzky Sports Centre 65 metre rectangular pool, 25 metre pool, warm water pool, hydrotherapy pool Ingersoll 13,000 1 Victoria Park Community Centre 25 metre, 4 lane rectangular pool Norfolk 64,000 1 Annaleise Carr Aquatics Centre 25 metre, 5 lane rectangular pool Norwich 11,000 0 n/a St. Thomas 39,000 0 n/a Thames Centre 13,000 0 n/a Woodstock 41,000 1 Southside Aquatic Centre 25 metre, 6 lane, “L-Shaped” pool Note: Supply excludes non-municipal aquatic centres (e.g. private sector, YMCA, educational institutions, etc.) Page 34 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 7 Regional Outdoor Aquatic Centres All but two of the benchmarked area municipalities provide outdoor aquatics facilities. Tillsonburg and Brantford are the only two comparators that operate a waterpark, though Woodstock provides a unique splash structure that offers a smaller scale version of the water park experience. Other municipalities operate rectangular pools that are between 25 metres and 33 metres in length. Municipality Population No. of Outdoor Aquatic Facilities Facility Type Tillsonburg 16,000 1 Lake Lisgar Waterpark Swimming pool, waterplay features, slide Bayham 7,500 0 n/a Brant County 37,000 1 Paris Community Pool 25 metre, 4 lane rectangular pool Brantford 97,000 1 Earl Haig Family Fun Park Swimming pool and waterplay features, slide Ingersoll 13,000 0 n/a Norfolk 64,000 1 Delhi Kinsmen Pool 33 metre, 8 lane rectangular pool Norwich 11,000 1 Otterville Pool 30 metre, 6 lane rectangular pool St. Thomas 39,000 1 Jaycees Pool 25 metre, 6-lane rectangular pool, diving well Thames Centre 13,000 1 Dorchester Community Pool 25 metre, 6-lane rectangular pool Woodstock 41,000 2 Lions Pool 32 metre, 6-lane rectangular pool Southside Aquatic Centre Wading pool with splash structure and various spray features Note: Supply excludes non-municipal aquatic centres (e.g. private sector, educational institutions, etc.) and splash pads In addition to outdoor pools, the majority of area municipalities also provide splash pads and/or wading pools as part of their outdoor aquatics system. These splash pads vary in size, scale and the number of features contained in them and are thus not directly comparable in all instances. In lieu of splash pad provision, the Town of Tillsonburg has chosen to provide a more comprehensive, unique outdoor waterplay experience through Lake Lisgar Waterpark; if the Town were to provide a splash pad in the future, its design would likely need to be scaled to a more basic template so that it would not directly compete with Waterpark operations should this facility continue to serve the Town. Page 35 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 8 Program Trends Swimming pools can be designed and programmed for a wide range of aquatic sports and community activities, ranging from parent and tot introduction to swimming all the way to competitive fitness swimming (and everything in between). Listed below is a summary of the most common aquatic program types along with a brief description of those activities. Activity/Program Description Leisure Swimming Opportunities for free play in the water with lifeguard supervision. These programs are often labeled as “free swim”, “open swim”, “rec swim” or “family swim”. Fitness Swimming Pool patrons may visit the facility specifically to benefit their personal health and wellness objectives by participating in aquafit, lane swimming, triathlon training, or masters swimming. Swimming Lessons Many facilities offer progressive swimming lessons ranging from parent and tot lessons (ages 4 months to 3 years), preschool-age lessons (3 years to 6 years), school- age lessons (5 years to 12 years). These are often offered through the Red Cross or Lifesaving Society lesson programs. Leadership Programs Swim Patrol, Bronze-level courses (Star, Medallion, Cross), Lifeguard certifications (National Lifeguard), swimming instructor certifications (Water Safety Instructor, Swim Instructor, Lifesaving Instructor), and advanced courses such as Examiner and Instructor Trainer. Aquatic Sports Aquatic athletics requires significant dedication of pool space for training and competition. Common aquatic sports include competitive lane swimming (swim team), water polo, diving, and synchronized swimming. Specialized Aquatic Programs & Activities Some aquatic facilities have developed or introduced niche/specialized aquatic programs, either by request or to introduce new programs and skill-development opportunities. These may include (but are not limited to): aqua-jogging, water walking, aqua-cycling, aquapole, stand-up paddle boarding, paddleboard yoga, underwater hockey, innertube water polo, and more. Therapeutic Programs Certain municipalities have partnered with hospitals and rehabilitative care providers such as physiotherapists, occupational therapists, kinesiologists, athletic therapists, etc. to deliver programs designed for post-surgical operation rehab, heart disease and stroke prevention/recovery, or to support limited-mobility exercise. The Town of Tillsonburg offers programs within all of the above noted categories with the exception of therapeutic/rehabilitative programming. The result is a diverse range of program and rental opportunities within the Tillsonburg Community Centre and the Lake Lisgar Waterpark. Competitive swimming was previously offered at the indoor pool by a community-based organization, however, that group is no longer active though the Tillsonburg Community Centre remains capable of accommodating a competitive program if/when a new group emerges. Page 36 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 9 Facility Design Modern aquatic facility design has evolved from the provision of a single, basic rectangular swimming tank. Many aquatic environments now offer multiple tanks to serve a variety of programming options and user groups. These may be shallow, deep or transition spaces, sometimes in unique shapes and sizes (e.g., a “guppy pool” for parent and tot programming). Some popular examples of modern pool designs and features include: • Moveable pool floors: these provide the operator with the ability to raise and lower the pool depth to suit a variety of programs (generally 0.0 – 2.7m or deeper). This may include shallow programs such as swimming lessons or parent and tot swim, or deep-water programs such as aquafit (option for chest-depth water or full-depth). • Therapy pools: these warm-water (occasionally also salt-water) pools provide a therapeutic option for users seeking a space to benefit from aquatic therapy (e.g., stroke recovery, physical therapy, or older adults and seniors’ programs). • Family pools: these are a consistent shallow depth (0.5 – 0.7m) and are designed with the pool’s youngest swimmers in mind. The shallow depth enables toddlers and young children to explore buoyancy in a comfortable environment. They are often warmer than pools designed for fitness swimming. These pools also often include a beach-style or ramp entry and stepped transitions (benches for adults to sit or “teaching steps”). Traditional rectangular pools for lane swimming are also very functional and well-used facilities. The standard dimensions for these tanks are 25 metres in length while pool widths vary dependent upon the number of lanes available and whether the tank supports other uses or accessibility features. Most often, pools transition from shallow ends (suitable for school-age swimming lessons) to deeper water (suitable for dive-entries) and may include start blocks to accommodate competitive swimming. Wave pools and splash parks remain common aquatic destinations, but are more commonly operated by private service providers. However, some municipal facilities (particularly outdoor pools) provide adventure play options (e.g., water slides, spray features, rock climbing walls, etc.). Some less-risky and smaller-scale aquatic play features available in municipal facilities may include: Tarzan ropes, (retractable) climbing walls, spray features, and bubblers. Universal (accessible) design standards are a requirement of new (or significant changes to existing) pool development. This would include, but is not limited to, the following features: • Ramp entries provide sloped entry from zero-depth to the pool floor (able to be used by water wheelchairs and persons with limited mobility) • Clear and accessible path from the facility entrance to the change rooms and pool deck • Changerooms containing change tables with adjustable height and dimensions/weight carrying capacity for adults, sufficient widths between doorways, grab bars, emergency call buttons, etc. • High contrast colours used for surface markings and equipment • Colour and texture cues to assist persons with visual impairments Page 37 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 10 Other Considerations Aging infrastructure is a common issue across municipalities and municipal aquatic facilities are no exception. Many pools in Ontario have been in operation for decades and require significant investment for maintenance or repair. Challenges associated with aging aquatics infrastructure may include: the ability or lack thereof to retrofit older pool designs to meet modern accessibility standards; servicing dated parts and equipment that are no longer produced; inefficient operations from a cost or environmental perspective relative to new technologies; older pool designs that are not conducive to current aquatic activity/program preferences. Pool operation and maintenance considerations should evaluate opportunities for environmental or high-efficiency designs and implementation of new technologies. This may include water treatment, filtration, air and water heating and circulation, air quality monitoring, etc. A best-practice example is the Stronach Aurora Recreation Complex which was among the first in Ontario to use a heat-recovery system that directs excess heat from arena operations to warm its indoor aquatic centre. Tillsonburg has recently completed a Combined Heat & Power project where waste heat from electricity generation is recovered to heat pool water and other building uses. The design of environmentally friendly facilities is promoted by the Canadian Green Building Council, which governs the Leadership in Energy and Environmental Design (LEED) rating system in Canada. To obtain LEED certification, a facility must meet rating standards in sustainable development, water savings, energy efficiency, materials, and indoor environmental quality. BOMA BEST is another sustainability certification program that is a voluntary, national program designed to assess environmental performance and management of existing (primarily commercial) buildings. Pool design should also consider spaces for staff and patrons as well as equipment and chemical / operational storage. Aquatic staff need space to keep their personal and work-related items (clothing, towels, swimming lesson attendance and worksheets, etc.) and a space to perform first aid (treatment supplies, chair/bed for patron use, easily washed floor surface). Facilities that offer a variety of programs (particularly swimming lesson programs and aquatic fitness) require significant space for storage of equipment (pool noodles, water belts, lifejackets, toys, lane ropes, etc.). This may take the form of shelving and racks on deck to make equipment available to pool patrons or may be a secure storage closet or cabinet. Other storage considerations may include: deck cleaning equipment, a wash basin or sink, and storage of pool treatment chemical (if not housed elsewhere in the facility). Splash pads have become highly sought amenities for young families seeking a fun, affordable and accessible experience on hot days. They tend to be more cost effective than outdoor pools to build and operate as they can be integrated into most park configurations and do not require regular staffing as there is no standing water. Splash pads can be designed in a wide variety of ways with a range of different apparatuses that provide an enhanced aquatic experience for residents of all ages. Page 38 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 11 Community Input Received Consultation for this Study spanned a six-week period between November 12, 2018 and January 1, 2019, consisting of the following feedback opportunities: 1. Community Survey 2. Online & Emailed Feedback 3. Aquatics Staff Workshop A summary of themes from each consultation activity is summarized in the pages that follow. Community Survey Survey Sample Characteristics The survey generated responses from 652 individuals, noting that the total number of responses per question varied (i.e. respondents were not obligated to answer any particular question). The survey sample was comprised of both Tillsonburg residents (78%) and non-residents (22%), was more likely to be completed by females (82%), and 58% reported an annual household income over $75,000. The average age of survey respondents was 44 years with an average household size of 2.2 persons, slightly younger than the Town’s Census average age (46 years) and the same Census average household size. Approximately four out of five respondents (83%) used the Tillsonburg Community Centre indoor pool during the past year. A total of 54% of respondents visited the Lake Lisgar Waterpark over the past twelve months. When expanded to visits over the past two years, 57% of survey respondents visited the Tillsonburg Community Centre indoor pool more than 16 times while 68% of responses visited the Lake Lisgar Waterpark less than 6 times. Overall Experience at Tillsonburg Aquatics Facilities Three out of four respondents’ reported being satisfied with their last visit to the Tillsonburg Community Centre indoor pool (77%). The Lake Lisgar Waterpark received a slightly lower satisfaction rating of 61%. 30% 16% 47%45% 10%12%10% 18% 3% 9% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Tillsonburg Community Centre Indoor Pool Lake Lisgar WaterparkPercentage of ResponsesSatisfaction Ratings for Indoor & Outdoor Aquatic Facilities Very Satisfied Somewhat Satisfied Neutral Somewhat Unsatisfied Very Unsatisfied Page 39 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 12 Reasons for Not Visiting a Tillsonburg Aquatic Facility For the 96 survey respondents that had not visited the Tillsonburg Community Centre indoor pool in the past year, 23% reported the reason as being that programs were not offered at a time convenient to them while another 20% were simply not interested in swimming. Other reasons included those that felt the design of the pool is outdated, programs were too expensive, or that they did not know enough about the indoor pool or its programs (these other reasons each amounted to between 10% and 12% of responses among non-visitors). Among the 239 respondents reporting that they did not use the Lake Lisgar Waterpark in the past year, 34% indicated that admission is too expensive or that they prefer to use free splash pads found within parks (in other municipalities). Another 19% stated that the facility is too busy while 12% indicated that they are not interested in swimming or waterplay. Importance of Selected Indoor Aquatic Activities & Amenities Respondents prioritized a number of indoor aquatic programs and activities. Frequently cited examples of activities that were somewhat important or very important included swimming lessons (90%), leisure swims (88%), lifeguarding and leadership programs (85%), aquafit (84%), and family/parent-tot swims (83%). Within an indoor pool setting, survey respondents were most likely to place importance on having deep water (84% rated this as somewhat or very important), special needs and accessibility features (83%), warm water (83%) and family changerooms (82%). In total, 86% of respondents indicated that they would likely use the Tillsonburg Community Centre indoor pool more frequently than they do at present if it were modernized/enhanced with amenities that were appealing to them. Importance of Selected Outdoor Aquatic Activities & Amenities Respondents also prioritized a number of outdoor aquatic programs and activities. Whereas respondents placed strong priority on lessons and aquatic leadership in an indoor pool setting, this was less so for outdoor pools. Instead, respondents placed the greatest importance on waterplay programs and activities with 83% rating outdoor waterplay as somewhat important or very important. Others stated some level of importance for leisure swims (78%) and family/parent-tot swims (76%), which were followed by aquatic leadership and lessons (at 64% and 52%, respectively). Within an outdoor aquatics setting, survey respondents were most likely to place importance on shaded areas (93% rated this as somewhat or very important), family changerooms (85%), on-deck viewing space (84%), zero-depth entry (83%), and special needs and accessibility features (82%). In total, 86% of respondents indicated that they would likely use the Lake Lisgar Waterpark more frequently than they do at present if it were modernized/enhanced with amenities that were appealing to them. Values and Future Directions Respondents were asked to state their level of agreement or disagreement with a number of value statements and potential future directions. The following is a summary of responses. • 97% agreed in some form that it is important that the Tillsonburg Community Centre indoor pool continues to serve current and future residents; another 96% agreed that the indoor pool is an important part of the quality of life that is afforded in Tillsonburg. • By comparison, 83% agreed in some form that it is important that the Lake Lisgar Waterpark should continue to serve current and future residents while 82% agreed that it is an important part of the quality of life that is afforded in Tillsonburg. Page 40 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 13 • 89% of respondents agreed that the indoor pool provides a fun and enjoyable experience, similar to the 85% that agreed with the same for the Lake Lisgar Waterpark. • 87% agreed with the preliminary thought of expanding the Tillsonburg Community Centre’s indoor aquatic pool to allow new types of activities to be offered while 78% agreed in principle with the idea of refurbishing the Lake Lisgar Waterpark to bring it up to a modern level of quality. • 86% agreed that the indoor pool provides their household with good value in relation to its program and admission fees (8% disagreed in some form); by comparison, 70% agreed that Lake Lisgar Waterpark provides good value in relation to its admission rate (15% disagreed). • 71% agree that the indoor pool is accessible to persons with disabilities, seniors, families with young children and others with special needs (18% disagree in some form); by comparison 80% of responses agree with the same for the Lake Lisgar Waterpark (6% disagreed). • While over half of responses (53%) support replacing Lake Lisgar Waterpark with an expanded indoor aquatic centre at the Tillsonburg Community Centre, this concept also generated the highest level of disagreement with 34% somewhat or strongly disagreeing with such direction (14% neither agreed nor disagreed). For additional information regarding the community survey, the complete summary of tabulated survey responses is contained in Appendix A. Online & Emailed Feedback Written submissions were accepted via email and reviewed from the Town’s Facebook page. A summary of themes from written submissions is as follows: • Lake Lisgar Waterpark is a valued feature for all ages that is fun and affordable so that residents can enjoy without having to travel long distances for other water parks. • Conversely, another resident had a different view with respect to the Waterpark and suggested it be converted to a splash pad as their impression was that the appeal of the existing waterpark is primarily to young children. • Lane swimming opportunities should continue to be made available, along with competitive swimming programs. • Barrier-free accessibility features within the pools should be a strong consideration. • Exploring ways to expand hours for certain programs (e.g. lane swims, lessons) and if possible adding new programs into the aquatic schedule. • A desire for a therapeutic pool, improved and larger changerooms, a family changeroom, and a larger viewing area. Page 41 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 14 Aquatics Staff Workshop A workshop was held with Tillsonburg aquatics staff on November 12, 2018 including lifeguards, instructors, coordinators and supervisors. Staff have direct, firsthand knowledge of trends and best practices in their field in addition to regularly receiving comments on the frontline from Tillsonburg’s aquatic customers/users. Aquatics staff emphasized the following points. • The Tillsonburg Community Centre indoor pool provides quality services through a broad range of programs that serve many age groups at various times throughout the week. • The indoor pool has a number of design and functional limitations, largely attributable to the era of its construction. In particular, accessibility for persons with disabilities and the lack of a family changeroom were noted as pressing issues for the indoor aquatic centre. • Staff’s vision for the Tillsonburg Community Centre indoor aquatic centre is for an updated, aesthetically modern design with multiple pool tanks that allow lane and leisure swimming along with waterplay. The indoor pool would benefit from having more deck space in general, additional seating on-deck and in the upper viewing gallery, more storage and having more natural light. • Lake Lisgar Waterpark’s design is appealing to many people due to the ability to swim, play, lounge on the deck, and socialize. The fact that food is permitted in the Waterpark and there are ample open spaces to eat make it an attractive half-day or full-day destination, particularly in relation to other opportunities available in the park. • Lake Lisgar Waterpark’s primary limitations were noted to be a result of the age of the bath house and the pool. The bath house is deteriorating, with little natural light and tight changing quarters; the lack of a family change room and limited accessibility for persons with disabilities were major concerns noted by staff (ranging from narrow hallways to the lack of automatic doors). • The Waterpark is most attractive to families whose children are elementary school age or younger, but is much less appealing to teens as it lacks the “thrilling, adventure or fun” elements found at many privately-operated waterparks. • Staff’s future vision for Lake Lisgar Waterpark is one that updates/enhances the waterplay elements and possibly adds an adventure element(s) to appeal to local teens. A more fulsome summary of the discussion is contained in Appendix B. Page 42 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 15 Preliminary Assessment of Indoor Aquatics Service Rationalization Indoor aquatics has long been a part of the Town’s core service mandate that has resulted in thousands of residents, of many different ages and abilities, enjoying the recreational benefits of swimming over the years. The Town’s Community Parks, Recreation & Cultural Strategic Master Plan rationalizes the continued provision of indoor aquatic services over its 20 year planning period; the recent consultation efforts carried out through the Aquatics Facility Study reinforce the importance that residents place on the Tillsonburg Community Centre’s indoor aquatic centre. Based upon the following considerations and a demonstrated ability to meet community needs, it is recommended that the Town of Tillsonburg continue to operate an indoor aquatic centre. Service Level Considerations The service level of one indoor aquatic centre per 16,000 Tillsonburg residents reflects the Town’s commitment to providing quality aquatic services to the community but also recognizes that a larger regional population is being served. On that basis, the current level of provision is considered to be within a normalized range, albeit one that is on the upper end of the service level spectrum. The Town is also providing equipment-based fitness as a level of service. The indoor aquatic centre forms a strong complement to the fitness centre contained in the Tillsonburg Community, allowing holistic delivery of dryland and water-based active living; research shows that many fitness club patrons value the inclusion of a pool and vice-versa. Performance of the fitness centre (as measured through memberships) is tied to the presence of the indoor pool. Participation & Use Swimming lessons and water fitness activities have been increasing in recent years, demonstrating a growing demand for such programs; as of the end of September 2018, over 3,500 lesson registrations were accommodated in the pool representing a 15% increase over the 2014 while the nearly 9,000 aquatic fitness admissions represents an 8% increase over the same time. Anecdotal observations from Town Staff are that there are greater demands for older adult aquatics programs, lesson registrations are equally comprised of residents and non-residents, and three-quarters of aquatic fitness and adult aquatic programs are comprised of Tillsonburg residents. Public swim admissions have also increased dramatically since 2014 with a 71% increase over the past four years (there were over 12,600 public swims as of September 30, 2018). Financial Considerations Like all civic facilities, there is a cost associated with maintaining infrastructure to a state of good repair. Many of the indoor aquatic centre’s lifecycle renewal requirements pertain to mechanical and operational components such as deck and basin work, filtration, and change room flooring. Town staff note that such improvements would substantially increase the lifespan of the pool.2 There is also an ongoing operating cost associated with civic facilities though in the case of the indoor 2 Town of Tillsonburg Staff Report RCP-17-34: Awarding RFP2017-004 Indoor Pool Deck Replacement. June 12, 2017. Page 43 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 16 aquatics centre, the Town has a strong understanding of the operating model and the operating requirements having funded the facility for a significant number of years. In 2018, program-related operating activities associated with the indoor aquatics centre incurred a $193,000 operating deficit while building maintenance added another $185,000 (including $100,000 in heating, lighting and water). Virtually all indoor pools in Ontario run at an operating deficit with municipalities that provide aquatic centres accepting that the intrinsic benefits offered to many residents in a community (learn-to-swim, drowning prevention, leadership, health) do not warrant full cost recovery of those facilities. Recommended Indoor Aquatic Centre Design Direction In the event that the Town of Tillsonburg wishes to pursue improvements beyond to state of good repair activities (i.e. renewing the aquatic centre in a manner that retains the “status quo” for design), there are a number of functional considerations as presented below. Addition of Warm Water / Therapeutic Opportunities With a single pool tank, the Town can maintain water at a single, consistent temperature but must balance the fact that different activities and age groups prefer different temperatures. Certain aquatic sports, for example, seek a cooler water temperature than would many programs targeted to older adults or young children. Warm water activities such as aquatic fitness and therapeutic programming are growing in popularity while preferences among families with young children are also shifting to demand warmer water for lessons (with lessons still being the primary source of aquatic revenue). The ability to address a greater number of warm water or therapeutic program opportunities is largely contingent upon having a dedicated pool tank that maintains a water temperature between 86 and 90 degrees Fahrenheit. The Town would also attain greater programming flexibility due to the ability to schedule simultaneous but different programs (e.g. expand the number of lane swims, schedule lessons for multiple age groups to take place at the same time which would be convenient for parents with multiple children, etc.). Addition of a warm water tank would necessitate an expansion to the existing natatorium. In addition to programming benefits, proceeding with an expansion to the physical footprint would presumably increase opportunities to integrate other design improvements noted in the paragraphs that follow. Improved Barrier-Free Accessibility Municipalities are required to adhere to the Accessibility for Ontarians with Disabilities Act, and all public spaces will have to comply with barrier-free design standards by the year 2025. The Tillsonburg Community Centre has a number of barrier-free features including an elevator, ramps, automated doors, etc. In terms of the indoor aquatic centre, however, persons with disabilities and their caregivers do not have access to a universal changeroom (see below) and presently access the pool using a lift if unable to enter in another way. For the pool basin itself, municipalities are incorporating zero-depth entry features through ramps which can run alongside one edge of a pool (spanning varying widths). Barrier-free entry into a pool is also conducive to therapeutic program participants and people with restricted mobility, including the Town’s growing population of seniors. Any redesign or reconfiguration of the indoor aquatics centre should consider ways to maximize accessibility for pool users. Page 44 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 17 Addition of Family / Universal Changerooms Different gendered caregivers of children or persons with disabilities can only provide assistance by making use of the lifeguard office (which already offers confined quarters, not to mention that it is a work space). The lack of a family/universal changeroom is a major limitation of the current aquatic centre design and one that should be addressed. It should be noted that the Tillsonburg Community Centre is the only facility that does not have a family/universal changeroom among the benchmarked municipalities offering indoor aquatic centres. Improved Control (circulation) With two entrances into the aquatic centre at present, control and circulation should be factored into future design work. More specifically, the external door to the west results in any person gaining access to the facility having to navigate across the pool deck regardless of if they are using the pool or not. The staff control desk sits outside of the natatorium adjacent to the fitness centre meaning that any person entering the aquatic centre from the west entrance does so without first checking- in with customer service staff. This west access point is helpful to a certain extent for persons with mobility-related disabilities compared to gaining entry to the pool through the community centre; however, it is located around the corner from the parking lot which somewhat diminishes its effectiveness. Adequate Storage Pool storage is largely relegated to a narrow space along the west exterior wall, running parallel to the shallow end. With new types of programming being offered (notably aquatic fitness), equipment requirements are greater than in previous years and require a place to store it. Aquatics Administration Space Town of Tillsonburg Aquatic Administration Staff (Supervisors and Coordinators) are housed on a different floor than the aquatic centre. While arguably a less pressing concern relative to other limitations of the present configuration, the opportunity for Administration Staff to indirectly observe pool activities and interact with pool users in closer proximity could provide certain efficiencies (supervision, customer service, etc.). Other Considerations It bears noting that the current pool tank configuration results in the changerooms opening onto the deep-end side of the pool, something that best practices in modern aquatic design would avoid. Barring substantial renovation or redevelopment of the pool tank, however, this may be a limitation of the existing structure unless architectural designs can relocate the changerooms elsewhere in the aquatics centre. Page 45 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 18 Preliminary Assessment of Outdoor Aquatics Service Rationalization The Lake Lisgar Waterpark and the Kinsmen Pool before it have offered a family-friendly, community- oriented outdoor swimming experience for decades. The Town’s Community Parks, Recreation & Cultural Strategic Master Plan states that “the Town should continue to fully operate the Lake Lisgar Water Park in a manner that provides a high quality level of service to residents and tourists.” Consultations with the public that were carried out through the Aquatics Facility Study indicate many residents continue to value the Waterpark and want to see it remain available for future generations. Looking broadly across Ontario, municipalities are transitioning from outdoor pools and wading pools in favour of splash pads of varying sizes and configurations. The reasons for doing so tend to be financial and based on resident preferences. Municipally-operated outdoor pools were a common level of service in Ontario with peak construction occurring in the 1960s and 1970s when they were community gathering points for families during the summer months. Pools built during this era are now at or approaching the end of their useful lifecycles meaning that municipalities are weighing the financial costs of revitalization/redevelopment in relation to the usage that occurs over the three-month operating season. Furthermore, outdoor pool operating costs tend to be higher than a splash pad (for the latter, lifeguards are not required where there is no standing water and there is less volume of water to heat/treat). In the past 20 years, municipalities have also been developing indoor aquatics centres that have shifted programming away from the outdoor pools. Whereas lessons were historically a core part of outdoor programming, the ability to easily maintain a constant temperature and not be affected by weather resulted in indoor pools becoming the preferred venue for programs. Today, much outdoor pool usage is driven by a desire to cool off on hot days as well as a regular following of outdoor lane swimmers. The greater affordability and popularity of backyard pools along with young families looking for animated, interactive splash pads has also contributed towards diminished usage of the rectangular outdoor pool in many parts of the province. That being said, there are examples of municipalities that are reinvesting in their aging outdoor pools as well as selected others that have constructed new outdoor pools. London and Mississauga are a couple of examples that substantially renewed existing outdoor pools, with Mississauga in particular seeing an increasing in use since its reinvestment efforts (that City benefitted from senior government grants to fund renewals). More regionally, Woodstock has budgeted for a renewal of its outdoor pool in 2019. Service Level Considerations The Lake Lisgar Waterpark is a unique facility that does not have many municipal comparators. Outdoor waterparks are now typically a private sector endeavour, albeit those tend to be designed to a larger scale and of a different quality compared to what is found at Lake Lisgar Waterpark. Within the immediate area, only Tillsonburg and Brantford operate their own waterparks. Page 46 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 19 Participation & Use Lake Lisgar Water Park offers outdoor aquatic opportunities to local and regional residents, as well as tourists. The increasing number of spray pad facilities within other communities may be competing for those simply wishing to cool off in the heat of the summer. Attendance at the Waterpark has been declining in recent years with approximately 14,000 visits in 2018 compared to 25,000 visits in 2014. The 2018 attendance was slightly impacted by a shorter operating season due to repairs undertaken in the first month, though June does not tend to be a peak attendance month so the repairs alone do not account for the 45% decline since 2015. Notes: figures exclude June rentals; waterpark closed early in September 2016 and did not operate in June 2018 for maintenance Financial Considerations The Town recently reinvested approximately $200,000 in Lake Lisgar Waterpark’s deck and filtration which is expected to extend useful life. However, there are a number of other lifecycle reinvestments that will be required to address various structural and mechanical components (including the building) if the waterpark is to operate for a longer-term period, some of which will require replacement in the next two to five years. In March 2018, the Town found that the cost to undertake multiple repair and replacement services at the Waterpark could range from $500,000 to $600,000; separate work and capital cost would be required if replacing the slide tower which could bring the total refurbishment/renewal costs closer to the $1 million mark. In terms of operating, the Waterpark required an operating subsidy of $79,000 in 2018 (including an atypical $20,000 repair expenditure). Between 2014 and 2017, the Waterpark incurred annual operating losses between $27,000 and $55,000. There has been a trend of declining admission, rental and concession revenues, along with escalating repair and maintenance expenditures which have contributed to the growing subsidy requirement. 0 5,000 10,000 15,000 20,000 25,000 30,000 2015 2016 2017 2018AteendanceLake Lisgar Waterpark Attendance June July August September Page 47 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 20 Based upon the above noted considerations, the Town has two options to consider depending upon its desired objectives and financial capabilities. Outdoor Aquatic Facility Design Direction – Option 1: Refurbish Residents indicate that the Lake Lisgar Waterpark is a fun and affordable place to cool down on hot days, and somewhere that they can enjoy for hours at a time. The Waterpark continues to function as a tourist draw, although perhaps to a lesser degree than in the past due to greater competition from privately operated entertainment destinations in southern Ontario, but nevertheless contributes towards tourism and economic development objectives. The scale of the current Lake Lisgar Waterpark allows the Town to operate it at a competitive price point relative to the private sector, thereby making it attractive to a niche market of day-trippers looking for an affordable waterpark option. The facility also provides an outdoor venue for relaxation and picnicking which can be appealing to some. It is continues to be a local employment opportunity for local youth during the summer months when they are not in school. Lake Lisgar Waterpark Image Source: Monteith Brown Therefore, a case can be made to retain the Waterpark in its current form on the basis of providing an outdoor aquatic experience, continued quality of life contributions, and contributing towards tourism and economic development objectives to a certain extent. In the event that the Town of Tillsonburg wishes to refurbish/modernize the Lake Lisgar Waterpark in its current form (i.e. renewing the aquatic centre in a manner that retains the “status quo” for design), the following functional considerations as presented below. Structural & Mechanical repairs The requisite structural and mechanical repairs would be undertaken along with renewal of spray features and other functional components. No alterations to the pool basin’s physical footprint are contemplated under this scenario. Improved Barrier-Free Accessibility Should the Town pursue this option, it should investigate ways to improve accessibility for persons with disabilities both in terms of gaining access to the bath house (e.g. from the parking lot or other areas to entrance) as well as circulation within the Waterpark itself. Bath House Redevelopment / Expansion A replacement or expansion of the bath house would be recommended in order to facilitate aforementioned barrier-free access but also to enlarge existing changerooms and add a family/universal changeroom. Part of the “destination” waterpark experience will require clean and Page 48 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 21 modern impression to be imparted upon visitors and prospective guests, something that the age and design of the current bath house does not lend itself well to providing. Depending upon capital feasibility, a new façade for the bath house may be contemplated if working with the existing building structure. Outdoor Aquatic Facility Design Direction – Option 2: Reimagine As an alternative to refurbishment of the Waterpark according to its current design, it would be remiss not to advance the possibility of a more substantial redevelopment/redesign of the facility. Doing so would likely carry a higher price tag given that a reconfiguration of the space, purchase of new equipment, etc. would be likely if designing a waterpark to modern design and programming standards. Re-imagination of the Waterpark would bring about the same – if not more – quality of life benefits as noted under Option 1 such as tourism, employment, and a family-centred experience. Further, a re- imagination is consistent with the Memorial Park and Lake Lisgar Conceptual Master Plan3 which recommended an expansion and redevelopment of the Waterpark to the north, addition of a free splash pad adjacent to the existing playground, new entrance building, and an enlarged parking lot. There may also be an opportunity to combine certain functions with the Conceptual Master Plan’s directions for Summer Place. If implementing the Conceptual Master Plan’s splash pad recommendation, the Town will need to fully rationalize the scale of that facility to understand the extent that its free-use might affect admissions/use of the re-imagined/redeveloped Waterpark; it bears noting that the Conceptual Master Plan also did not include capital costs of implementation thus these would need to be undertaken by the Town. A more comprehensive re-imagination and redevelopment project is not recommended until a more fulsome lifecycle costing assessment and trade area penetration study is completed, along with an analysis of capital and operating costs, and other market factors (e.g. competition). That same assessment will also provide the Town with information that it can use when rationalizing an alternative refurbishment project (Option 1) or a potential closure (Option 3). Outdoor Aquatic Facility Design Direction – Option 3: Closure & Replacement If the Town determines that the capital renewal costs of refurbishing Lake Lisgar Waterpark are not feasible or that it would prefer to consolidate waterplay activities at one location, the option exists to decommission Lake Lisgar Waterpark and relocate some of its functions/activities to the Tillsonburg Community Centre. With a complete refurbishment of the Lake Lisgar Waterpark potentially requiring significant capital reinvestment, the Town may deem it more financially-feasible to reallocate those resources towards the indoor aquatic centre expansion. The Tillsonburg Community Centre expansion project, if pursued, would add a second indoor pool tank which could be designed to integrate certain waterplay features. This would not result in the same size/scale of waterplay features at an indoor pool as would be found currently at the Lake Lisgar Waterpark. An exterior splash pad (whether located adjacent to the community centre or elsewhere in Memorial Park) should also be considered to allow outdoor waterplay opportunities to continue, granted at a significantly reduced scale compared to what exists through the Waterpark at present. 3 Town of Tillsonburg. February 2015. Conceptual Master Plan for Memorial Park & Lake Lisgar Page 49 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 22 Should the Town of Tillsonburg see a greater benefit in redeploying Lake Lisgar Waterpark’s lifecycle renewal and improvement costs towards expansion of the indoor aquatic centre, the functional considerations arising from the previously noted preliminary indoor aquatics facility analysis should be explored. Separate from the expansion of the indoor aquatics centre, however, would be the construction of a new splash pad which would provide a free, outdoor waterplay activity. If locating the proposed splash pad reasonably near or adjacent to the Tillsonburg Community, residents and visitors would have access to changerooms/washrooms which would reduce the need for the Town to construct a separate structure or rely on portable toilets compared to constructing the splash pad further away. Page 50 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 23 Concluding Remarks Aquatics will continue to remain an integral part of the Town of Tillsonburg’s core service mandate given the physical, social and economic benefits stemming from municipal aquatic facilities and programs. Consultations undertaken for this Aquatics Facility Study reaffirm findings from the Community Parks, Recreation & Cultural Strategic Plan that indoor and outdoor aquatics experiences are highly valued by residents and that there is a desire for modernized facilities for the future. Indoor Aquatics Strategy By expanding the Tillsonburg Community Centre’s indoor aquatics centre, the Town is positioning itself to respond to community needs and preferences for decades to come. The addition of another pool tank will allow considerable program flexibility to be added, particularly for a growing population of seniors, while enlarged and added changerooms (including a family changeroom) will greatly contribute to the user experience. An expansion also provides opportunity to carry out various accessibility and aesthetic improvements that will be attractive to pool users. Tillsonburg Community Centre Image Source: Town of Tillsonburg Outdoor Aquatics Strategy In recognition of the capital costs of renewal and improvement for the Lake Lisgar Waterpark, the Town will need to make a decision as to whether the Waterpark continues to form part of its infrastructure portfolio. There is merit in retaining the Waterpark when it comes to serving community needs and forming a piece of Tillsonburg’s tourism strategy. However, this Study recognizes that there is a cost of doing so in an increasingly competitive entertainment destination market and the opinion/decision to reinvest capital must be carefully weighed by Town officials. Page 51 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 24 Implementation Summary The following schematic chart illustrates the inter-related indoor and outdoor aquatic provision strategies, largely contingent upon the Town’s chosen course of action for operating the Lake Lisgar Waterpark. Next Steps The Tillsonburg Aquatics Facility Study represents a first step in determining needs and preferences of residents. An architectural feasibility study presently underway and any subsequent explorations undertaken by the Town should consider the preliminary design directions contained herein and conduct additional investigations/consultations as more information becomes available. For example, site-specific analyses, engineering and geotechnical works, capital and operating forecasts, etc. should be considered prior to coming to a final decision. In doing so, the Town will have undertaken the necessary quantitative and qualitative investigations to purse a fiscally-responsible and community- focused path for implementation. Page 52 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 25 Appendix A: Community Survey Results Page 53 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 26 Tillsonburg Community Centre & Indoor Aquatics 1. Has anybody in your household used the indoor pool located inside the Tillsonburg Community Centre during the past year? # % Yes 538 83% No 114 17% Total 652 2. If you answered “No” to the previous question, please tell us what has prevented you from swimming here (select up to two reasons). # % Programs are not offered at the convenient time 24 23% Not interested in swimming 21 20% Programs are too expensive 13 12% I don't know enough about the pool or its programs 12 11% The pool design is outdated 11 10% Cleanliness of the pool or changerooms is not up to my level of expectation 11 10% Programs are too busy 9 8% No longer able to swim due to health condition / injury 6 6% The pool is located too far away from my home or place of work 6 6% The water temperature is uncomfortable 5 5% The pool is not fully accessible for persons with disabilities or limited mobility 4 4% There are no family changerooms 3 3% Don't know how to swim 1 1% Not enough parking 1 1% Don't Know 10 Number of People Answering 96 Other Reasons − Lack of Time (4) − Have my own pool (2) − Not a Tillsonburg resident (2) − Age-related limitation − Just moved to Tillsonburg − Cannot go with my young children Page 54 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 27 3. How would you rate your overall experience during your last visit to the Tillsonburg Community Centre's indoor pool? # % Very Satisfied 158 30% Somewhat Satisfied 251 47% Neither Satisfied or Unsatisfied 53 10% Somewhat Unsatisfied 51 10% Very Unsatisfied 18 3% I Have Never Used the Pool 1 0% Don’t Know / Unsure 1 0% Total 532 4. Please rate how important the following types of aquatic activities are to you in an indoor pool setting. Not Important at All / Not Important Neutral Somewhat Important / Very Important Total # % # % # % Swimming Lessons 38 7% 21 4% 507 90% 566 Leisure Swims 21 4% 48 9% 490 88% 559 Lifeguarding / Leadership Programs 38 7% 46 8% 473 85% 557 Aquatic Fitness (Aquafit) Programs 36 6% 58 10% 479 84% 573 Family / Parent and Tot Swims 52 9% 44 8% 460 83% 556 Therapeutic Programs 42 8% 78 14% 437 78% 557 Water Play (Shallow Water) 77 14% 76 14% 398 72% 551 Competitive Swimming (Masters, Swim Teams, etc.) 108 20% 126 23% 308 57% 542 Lane Swimming 112 20% 127 23% 313 57% 552 Aquatic Sports (e.g., Synchro, Water Polo, etc.) 106 20% 142 26% 292 54% 540 Platform Diving 177 33% 171 32% 189 35% 537 Scuba Diving 204 38% 186 35% 143 27% 533 Other Activities − Aqua Jogging & Bicycling (2) − Fun swims − Community swims − Special Needs programs − Free swims Page 55 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 28 5. Please rate how important the following types of aquatic amenities are to you in an indoor pool setting. Not Important at All / Not Important Neutral Somewhat Important / Very Important Total # % # % # % Deepwater 36 6% 56 10% 481 84% 573 Special Needs / Accessibility Features 37 6% 58 10% 480 83% 575 Warm Water (30 degrees Celsius or 86 degrees Fahrenheit) 53 9% 46 8% 484 83% 583 Family Changerooms 52 9% 49 9% 475 82% 576 On-deck Viewing Space 87 15% 87 15% 402 70% 576 Ramp / Beach / Zero Depth Entry 114 20% 102 18% 347 62% 563 Hot Tub 214 37% 104 18% 254 44% 572 Waterslide 212 37% 109 19% 247 43% 568 Interactive Spray Features in the Pool 227 40% 125 22% 219 38% 571 Other Amenities − Larger/better changerooms (5) − Therapeutic pool (2) − Better viewing area (2) − Clean and welcoming areas − Competition sport designs/features − Non-slip flooring − Float belts for deep-water exercise − Food concession 6. If the indoor pool at the Tillsonburg Community Centre is modernized or enhanced with some of the amenities or activities that you chose in the previous questions, how likely would your household be to USE THE POOL MORE OFTEN than you do right now? # % Very Likely 324 55% Likely 180 31% Neither Likely or Unlikely 46 8% Unlikely 18 3% Very Unlikely 14 2% I Have Never Used the Indoor Pool Before 2 0% Total 584 Page 56 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 29 Lake Lisgar Waterpark & Outdoor Aquatics 7. Has anybody in your household used the Lake Lisgar Waterpark during the past year? # % Yes 320 54% No 273 46% Total 593 8. If you answered “No” to the previous question, please tell us what has prevented you from swimming here (select up to two reasons). # % The Waterpark is too busy 46 19% Prefer to use a free splash pad in a park 45 19% Admission is too expensive 36 15% Not interested in swimming / waterplay 28 12% The Waterpark design is outdated 20 8% Cleanliness of the Waterpark or changerooms is not up to my level of expectation 19 8% The water temperature is uncomfortable 15 6% The Waterpark was closed for maintenance when I wanted to use it 15 6% I don't know enough about the Water Park 9 4% No longer able to swim due to health condition / injury 5 2% Don't know how to swim 4 2% The Waterpark is not fully accessible for persons with disabilities or limited mobility 4 2% Not enough parking 4 2% Prefer to use privately operated Waterparks (e.g., East Park in London) 4 2% The Waterpark is located too far from my home or place of work 4 2% There are no family changerooms 4 2% Don't Know 30 Number of People Answering 239 Other Reasons − Don’t have children / grandchildren that would use it (17) − Only participate in lane swims or aquafit (6) − Too “old” to use a waterpark (6) − My children are too young (5) − Hours of operation do not work for me (5) − Have my own pool (5) − My children are too old for it (4) − Prefer to use indoor pools (3) − Too busy (2) − Just moved to Tillsonburg − Not enough waterplay features − No aquafit programs are offered − Too many unsupervised youth Page 57 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 30 9. How would you rate your overall experience during your last visit to the Lake Lisgar Waterpark? # % Very Satisfied 50 16% Somewhat Satisfied 143 45% Neither Satisfied or Unsatisfied 37 12% Somewhat Unsatisfied 58 18% Very Unsatisfied 30 9% I Have Never Used the Waterpark 3 1% Don’t Know / Unsure 1 0% Total 322 10. Please rate how important the following types of aquatic activities are to you in an outdoor pool setting. Not Important at All / Not Important Neutral Somewhat Important / Very Important Total # % # % # % Water Play (Shallow Water) 58 11% 31 6% 448 83% 537 Leisure Swims 63 12% 54 10% 414 78% 531 Family / Parent and Tot Swims 72 13% 57 11% 408 76% 537 Lifeguarding / Leadership Programs 94 18% 98 18% 341 64% 533 Swimming Lessons 155 29% 106 20% 279 52% 540 Aquatic Fitness (Aquafit) Programs 175 33% 121 23% 241 45% 537 Competitive Swimming (Masters, Swim Teams, etc.) 253 49% 158 30% 109 21% 520 Lane Swimming 284 54% 133 25% 107 20% 524 11. Please rate how important the following types of aquatic amenities are to you in an outdoor pool setting. Not Important at All / Not Important Neutral Somewhat Important / Very Important Total # % # % # % Shade / Sun-Shelters 23 4% 13 2% 501 93% 537 Family Changerooms 45 8% 35 7% 453 85% 533 On-deck Viewing Space 54 10% 33 6% 445 84% 532 Beach / Zero Depth Entry 56 10% 35 7% 443 83% 534 Special Needs / Accessibility Features 44 8% 49 9% 437 82% 530 Waterslide 70 13% 42 8% 420 79% 532 Interactive Spray Features in the Pool 63 12% 53 10% 420 78% 536 Warm Water (30 degrees Celsius or 86 degrees Fahrenheit) 58 11% 81 15% 396 74% 535 Page 58 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 31 Not Important at All / Not Important Neutral Somewhat Important / Very Important Total # % # % # % Concessions / Food Area 76 14% 72 13% 388 72% 536 Inflatable Toys 110 21% 57 11% 366 69% 533 Deepwater 100 19% 89 17% 345 65% 534 12. If Lake Lisgar Waterpark is modernized or enhanced with some of the amenities or activities that your chose in the previous questions, how likely would you household be to use the Waterpark more often than you do right now? # % Very Likely 225 40% Likely 180 32% Neither Likely or Unlikely 74 13% Unlikely 26 5% Very Unlikely 31 5% I Have Never Used the Waterpark Before 17 3% Don’t Know / Unsure 15 3% Total 553 Statements regarding Indoor and Outdoor Aquatics 13. Please rate your level of agreement with each of the following statements. Strongly Disagree / Somewhat Disagree Neutral Strongly Agree / Somewhat Agree Total # % # % # % Tillsonburg Community Centre It is important to me and my household that the Tillsonburg Community Centre’s indoor swimming pool continues to serve current and future residents of Tillsonburg. 10 2% 8 1% 540 97% 558 The Tillsonburg Community Centre’s indoor pool is an important part of the quality of life for the Town as a whole. 4 1% 21 4% 532 96% 557 I support the refurbishment of the Tillsonburg Community Centre’s existing indoor pool to bring it and its supporting features up to a modern level of quality. 23 4% 34 6% 490 90% 547 Page 59 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 32 Strongly Disagree / Somewhat Disagree Neutral Strongly Agree / Somewhat Agree Total # % # % # % The Tillsonburg Community Centre’s indoor pool provides a fun and enjoyable aquatic experience. 21 4% 38 7% 489 89% 548 I support the expansion of the Tillsonburg Community Centre’s indoor pool and supporting features to allow new types of aquatic programs and activities to be offered. 34 6% 35 6% 481 87% 550 The Tillsonburg Community Centre’s indoor pool provides my household with good value in relation to its program and admission fees. 41 8% 33 6% 472 86% 546 The Tillsonburg Community Centre’s indoor pool is accessible to persons with disabilities, seniors, families with young children, and others with special needs. 96 18% 58 11% 370 71% 524 Lake Lisgar Waterpark The Lake Lisgar Waterpark provides a fun and enjoyable outdoor aquatic experience. 28 5% 51 10% 452 85% 531 It is important to me and my household that the Lake Lisgar Waterpark continues to serve current and future residents of Tillsonburg. 36 7% 55 10% 458 83% 549 The Lake Lisgar Waterpark is an important part of the quality of life for the town as a whole. 21 4% 74 14% 446 82% 541 The Lake Lisgar Waterpark is accessible to persons with disabilities, seniors, families with young children, and others with special needs. 31 6% 66 14% 390 80% 487 I support the refurbishment of the Lake Lisgar Waterpark to bring its existing pool and supporting features up to a modern level of quality. 48 9% 68 13% 420 78% 536 The Lake Lisgar Waterpark provides good value in relation to its admission rate. 76 15% 75 15% 360 70% 511 I support replacing the Lake Lisgar Waterpark with an expanded indoor aquatic centre at the Tillsonburg Community Centre (that is, having one centralized location for aquatic programs and waterplay is preferable to having two separate locations). 180 34% 74 14% 281 53% 535 Page 60 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 33 Characteristics of Survey Respondents 14. In what year were you born? # % 1990 and After 83 15% 1980 - 1989 178 33% 1970 - 1979 115 21% 1960 - 1969 68 12% 1950 - 1959 63 12% 1940 - 1949 30 5% 1930 - 1939 10 2% Total 547 Average Age 44 15. Please indicate the number of people in the following age groups that currently live in your household. Age Group # % 0 to 4 years 177 15% 5 to 9 years 166 14% 10 to 19 years 171 14% 20 to 34 years 199 17% 35 to 54 years 296 25% 55 to 69 years 128 11% 70+ years 55 5% Number of People Answering 551 Total Persons Reported 1,192 Persons Per Household 2.2 16. How many times have you visited the Tillsonburg Community Centre indoor pool and the Lake Lisgar Waterpark during the past two years? Tillsonburg Community Centre Indoor Pool # % 0 times 42 8% 1 to 5 times 88 16% 6 to 15 times 102 19% 16 to 30 times 86 16% 30+ times 220 41% Don’t Know / Unsure 5 1% Total 538 Page 61 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 34 Lake Lisgar Waterpark # % 0 times 163 30% 1 to 5 times 204 38% 6 to 15 times 91 17% 16 to 30 times 44 8% 30+ times 31 6% Don’t Know / Unsure 3 1% Total 533 17. As an optional question, please indicate the range applicable to your household's annual income. # % Less than $35,000 32 8% $35,000 to $74,999 130 33% $75,000 to $124,999 146 37% $125,000 and over 84 21% Number of People Answering 392 Don't Know / Prefer Not to Answer 122 18. As an optional question, please indicate your gender. # % Male 87 17% Female 431 82% Non-Binary/Other 5 1% Total 523 19. Are you a Tillsonburg resident? # % Yes 438 78% No 120 22% Total 558 Page 62 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 35 20. If you are not a Tillsonburg resident, please indicate where you are visiting us from. # % Norwich, Norfolk County, or Thames Centre 54 46% Southwest Oxford 25 21% Bayham 17 14% Aylmer 7 6% Malahide 5 4% London 3 3% Woodstock 2 2% Brant County 1 1% Zorra Township 1 1% Other (please specify) 3 Answered 118 Other Municipalities − St. Thomas − East Zorra-Tavistock − Greater Toronto Area Page 63 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 36 Appendix B: Staff Workshop Summary Page 64 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 37 Date: November 12, 2018 Time: 5:00pm to 6:30pm, Location: Tillsonburg Community Centre, Marland Room Tillsonburg Community Centre The Tillsonburg Community Centre indoor aquatics centre provides quality services through a broad range of programs that serve many age groups at various times throughout the week. Programming is viewed as innovative with a willingness of staff to try different programs – the aqua-bike program is a good example of this. Staff are excellent and many work here for a long time, and get to know pool users by name which also results in users coming back. The pool is easy to lifeguard with good sightlines. A number of design and functional limitations were noted, largely associated with the era of the pool’s original design in 1972. The pool was originally designed to accommodate competitive swimming rather than recreational/leisure swims that are more popular today and the storage room is undersized by modern standards. With the competitive design, the depth of the pool in the shallow end is such that tables have to be dropped in for young children’s programs and lessons. While the pool gutters are sometimes useful for people to hold on to, they can make it awkward for children to climb out of the pool. Certain mechanical components are original or very old and the pool deck is in an aged state, while some structural components (e.g. the roof) are deteriorating as well. Staff noted that the pool deck needs to be replaced, and ideally would have deck drains to allow for easier cleaning and drying. Staff noted that the multiple entrance/access points to the pool are challenging, particularly the back entrance (west side) that creates control issues (no swiping) as well as anybody being able to come from outside and walk directly on the pool deck. There was a thought about creating a new entrance, control desk and new changerooms at the west end by way of an expansion. Accessibility for persons with disabilities was noted as a pressing issue of the aquatic centre. The absence of a family changeroom and supportive devices the male/female change rooms leads to persons with disabilities and their caregivers having to change in the guard office, or sometimes the arena changerooms. The lack of a family change room also poses a challenge for some parents whose children are of a different gender. While there is a portable lift to allow persons with disabilities to gain access, this can lead to an impression of being singled out or embarrassment for some users if they have a form of disability or exceed the weight limit, and thus they are unlikely to use the pool. A better option for accessible entry would be to have a ramp entry into the pool to allow easier and more independent access into the pool (and would also make it easier for staff to bring the aqua-cycles into the pool as well). Staff noted that it would be important that adding a ramp should not result in a loss of a swimming lane and cited pools in Woodstock, Ingersoll and Waterloo as examples. Other functional challenges relating to the changerooms include the fact that they walk out to the deep end of the pool which is not ideal. The changerooms are shared with the fitness centre and can become crowded at times, and clearer signage is needed to denote the changerooms as people frequently walk into the wrong one. The lifeguard office is small and becomes very crowded during peak program times, while aquatics administration staff noted that it would be ideal if they were located closer to the pool as they are disconnected at times from the front-line staff and the pool users. The vision for the Tillsonburg Community Centre indoor aquatic centre was for an updated, aesthetically modern design with multiple pool tanks that allow lane and leisure swimming along with waterplay. The pool would benefit from having more deck space in general, additional seating on-deck and in the Page 65 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 38 upper viewing gallery, more storage and having more natural light come in (so long as it does not cause glare for guards and spectators). Staff tools such as improved lane rope attachment systems, guard chairs, tools to inflate the inflatable toys, and bathing suit dryers were also suggested. The possibility of having a retractable roof was also raised to allow indoor and outdoor aquatic activities to take place, while synergies with the rest of the community centre were also discussed particularly as it related to creating a holistic wellness experience by adding an indoor walking track and hot tub to complement the existing aquatic and fitness centre facilities. Lake Lisgar Waterpark The Lake Lisgar Waterpark was noted as being a concept that many people like due to the ability to swim, play, lounge on the deck, and socialize. It creates a family friendly environment where people can spend a few hours in an affordable setting, particularly since outside food is permitted. The zero-depth entry, a good sound system, “conversation nook” in the southeast corner of the pool, and slide (when it is open) were noted as strengths of the pool design. The Waterpark has historically been popular for school trips and day camps, though recent changes in pool safety regulations (relating to aquatic admission standards and parent to child ratios) has likely affected attendance in recent years. Much like earlier conversations, Lake Lisgar Waterpark’s primary limitations were noted to be a result of the age of the bath house (circa 1946) and the pool (circa 1995). The bath house is old and deteriorating, with little natural light and tight changing quarters; the lack of a family change room and limited accessibility for persons with disabilities was a major concern noted by staff (ranging from narrow hallways to the lack of automatic doors). The Waterpark is most appealing to families whose children are elementary school age or younger, but is much less appealing to teens as it lacks the “thrilling, adventure or fun” elements found at waterparks such as the privately-operated East Park in London. Teens are also reluctant to use the Waterpark because of the number of families that go there. Functional concerns were raised relating to the condition of the pool deck and pool tank even after the most recent repairs (some pool users were cutting their feet on chips and raised bumps), spray features are deteriorating and some are no longer working, and showers being left on in the bath house (a timed push button would be better). The future vision for Lake Lisgar Waterpark was one that updated/enhanced the waterplay elements and possibly adding an adventure element(s) to appeal to local teens. The current configuration of the pool has made it difficult to run programs in the past but staff could see demand for certain programs such as morning aquafit provided that the overall aesthetics of the bath house and pool were improved. However, there was consensus that the future success of the pool would be centred upon delivering leisure and waterplay experience. Future Options & Implementation Strategy To wrap-up the discussion regarding Tillsonburg’s indoor and outdoor aquatics, future implementation strategies were contemplated. Options generally revolved around the following three points: 1) Continuing to operate the indoor pool and waterpark as separate entities; 2) Integrating waterplay elements into an expanded indoor aquatic centre at the Tillsonburg Community Centre, and subsequently closing the Lake Lisgar Waterpark; and 3) Relocating outdoor waterplay components beside the Tillsonburg Community Centre and subsequently closing the Lake Lisgar Waterpark. Page 66 of 333 Tillsonburg Aquatics Facility Study Monteith Brown Planning Consultants Ltd. Page 39 Benefits and challenges were raised for all three future options. Staff noted that there is a strong appeal to swimming outdoors during the summer among many pool users and residents, but recognized that inclement or cold weather would nevertheless potentially keep swimmers indoors at times. Some staff noted a historical sentiment with the Waterpark and spending their summers there but understood that preferences of today’s customer may be different and has contributed to less use of the waterpark. If consolidating all aquatic opportunities indoors, a major facility expansion or complete reconstruction was identified as the primary way forward so that there could be sufficient space for multiple tanks (including for hydrotherapy), a waterslide and Tarzan rope, rock climbing walls, bulkheads to divide the pool into lane and leisure swimming zones, etc. Also finding ways to make the pool more attractive to people in their 20s and 30s is important by ensuring a future design or programming considers activities such as paddleboard yoga or aquatic pole dancing. Page 67 of 333 DESIGN DISCUSSION, DESIGN OPTION REPORT, 2019 TILLSONBURG COMMUNITY CENTRE Page 68 of 333 21819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 SITE OVERVIEW Page 69 of 333 31819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Tillsonburg is a town with a strong relationship to water at the meeting of two major creeks. From the early mill days to the formation of Lake Lisgar and the establishment of the waterpark there, the town has prospered from its use of water, both financially and socially. WATERPARK EARLY DAYS Page 70 of 333 41819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Unfortunately, the state of the waterpark is poor and requires several million dollars in estimated improvements to bring it back up to speed in terms of servicability, accessibility and modern function. Coupled with the limited seasonal use this facility provides, declining attendance from the 2019 Aquatics Facility Study, and the need to provide improvements to the community centre for year-round use, this study aims to envision a new splashpad adjacent to the existing facility in a consolidated water zone with the fairgrounds area. This is not to say that a splashpad could not be placed next to a refurbished waterpark; that is indeed possible, but the business case would need to be made for this. Currently, that business case seems elusive and not the purpose of this study. What is clear though, is that a consolidated waterzone has multiple advantages for operations, maintennance, year round use and provides expansion possibilities for the fairgrounds and natural features within the park. Page 71 of 333 51819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 VEHICULAR ENTRY PEDESTRIAN ENTRY LAKE ZONE FAIRGROUNDS ZONE PLAY ZONE CONSOLIDATED WATER ZONE COMMUNITY ZONE PLAY ZONE PLAY ZONE EXISTING MASTERPLAN This vision of the Community Centre and Fairgrounds builds on the existing Park masterplan and formulates an option for the consolidated waterzone adjacent to the existing community centre. Hardy Avenue is proposed to be bisected by a new public plaza that connects the community centre to the western park for continuity by pedestrians. In this way, all roads lead to the community centre which has ample parking provided at each entry. The site circulation becomes less functional for vehicle traffic but much more useable and safe and connected for pedestrians. Page 72 of 333 61819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 PARKING PLAY GROUND BIKE/SKATE PARK The existing Community Centre is surrounded by roads and relies on several entry points resulting in security issues and lack of centre. This proposal attempts to consolidate the circulation and main lobby spaces to the centre of the building Page 73 of 333 71819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 This consolidated water zone provides a new leisure pool and family changerooms on the face of the existing building and connects the site across Hardy Avenue to the western parklands with a new splashpad and wading pool. A potential walking loop and skating trail extends into the parkland here to improve useage through the seasons. Page 74 of 333 81819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 75 of 333 91819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 PLANS Page 76 of 333 101819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 B DEPARTMENT ADMIN AQUATIC ATHLETIC CHANGEROOMS PUBLIC SUPPORT WASHROOMS 1 : 500 100MARCH 7, 2019 FLOOR PLAN - LEVEL 0 TILLSONBURG COMMUNITY CENTRE NEW WCNEW FAMILY CHANGE NEW AQ. STAFF NEW SPA NEW LEISURE POOL (4.5'depth) POOL MECH EXTERIOR CHANGEROOMS LOBBY AND CONTROL DESK NEW ELEVATOR Page 77 of 333 111819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 B DEPARTMENT ADMIN ATHLETIC PUBLIC SUPPORT TRACK 1 : 500 101MARCH 7, 2019 FLOOR PLAN - LEVEL 1 TILLSONBURG COMMUNITY CENTRE HEALTH CENRE NEW ELEVATOR NEW PUBLIC LOUNGE/ YOUTH DROP -IN FITNESS STUDIO WALKING TRACK Page 78 of 333 121819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 79 of 333 131819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 SIMILAR PROJECTS Page 80 of 333 141819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 MACLENNAN JAUNKALNS MILLER ARCHITECT Clarkson Community Centre + Library T R U S C O T T D R I V ENEW POOL BUILDING PARKINGFOR 146 PARKING FOR 85 PARKING FOR 80 DROP-OFF SERVICE PARKINGR EXIST SKATE PARKto remain PATH TO CHURCHEXISTSPLASH PADto remain MAINENTRYEXISTING BUILDING NEW POOL BUILDING Pool Addition, Site Plan Context Plan TRUSCOTT DRIVEBONNER ROADSANDGATE CRESCENT Page 81 of 333 151819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 82 of 333 161819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 83 of 333 171819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 84 of 333 181819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 85 of 333 191819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 MACLENNAN JAUNKALNS MILLER ARCHITECT Malton Community Centre EXISTING BUILDING NEW POOL BUILDINGENTRY PARKINGFOR 98(TOTAL SITE PARKING 171) EXISTLANDSCAPINGto remain EXISTING BUILDINGMORNING STAR DRIVEEXISTSPLASH PADto remain REGION A L F L O O D LI N E G1 ZONE OS2 ZONEZONING LINE NEW PLANTING NEW PLANTINGMAINENTRY EXISTING PARK P A T HEXIS T ING PARK PATH November 09, 2009 INFILTR A T I O N T R E N C H + S O F T L A N D S C A P I N G Pool Addition, Site Plan Context Plan DARCEL AVENUEMORNINGSTAR DRIVEPage 86 of 333 201819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 COSTING ASSUMPTIONS Page 87 of 333 211819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Tillsonburg Costing Assumptions COMMUNITY CENTRE Area Rate Value Renovation Demolition 12,000 sf $35 $420,000 Renovation area Lower level 2,000 sf $175 $350,000 (includes new elevator)Upper level 2,000 sf $175 $350,000 Pool Upgrades (per Sept 17, Pool Audit) Main drains $6,800 Tactile Indicators $15,000 Inlets replacement $100,000 Protruding Step fix $17,000 Gutter drop grates cleaning $6,500 Recirculation Pump replacement $15,000 Adding deck drains, new deck slope $37,000 Replace deck tile $300,000 Pool Tile $400,000 Recirculation piping $220,000 Chemical controller $6,000 Chemical tanks $3,000 Chemical feeds $2,500 Tubing and chemical sensor $1,600 Subtotal Pool Upgrades $1,130,400 New Construction 20,000 sf $600 $12,000,000 Site development 20,000 sf $5 $100,000 Mechanical site Servicing 5,000 sf $4 $20,000 Electrical site servicing 5,000 sf $2 $10,000 Asebestos Removal (assumed)$275,000 SUBTOTAL $14,655,400 General Requirements and Fees 10%$1,465,540 Design Allowance 20%$2,931,080 Escalation Allowance 4%$586,216 TOTAL Community Centre Upgrades 24,000 sf $818 /sf $19,638,236 Signage 0.50%$73,277 FFE Allowance 3%$439,662 Testing and Inspection Allowance 1.00%$146,554 Door Hardware $80,000 AV 2%$293,108 Community Centre Full Scope $861.28 /sf $20,670,837 SPLASHPAD Area Rate Value New splashpad 5,000 sf $125 $625,000 Wave Pool Upgrades (confirm minimum) Pool Deck $200,000 Main Drains $6,800 Main Drain body $28,000 Skimmers $112,000 Contrasting Tile $1,200 Contrasting Tile Pool Perimeter $25,000 New Sand Filters $40,000 Larger Recirculating Pump $15,000 Automatic Level Controller $4,500 Flow Meter $1,500 Update schedule piping $20,000 Coping repair $62,000 New water feature $25,000 Subtotal Wave Pool Upgrades $541,000 Changeroom Building (includes new accessibility upgrades)4,000 sf $250 $1,000,000 Site development 25,000 sf $5 $125,000 Mechanical site Servicing 20,000 sf $3.0 $60,000 Electrical site servicing 20,000 sf $2.0 $40,000 SUBTOTAL $2,351,000 General Requirements and Fees 10%$235,100 Design Allowance 20%$470,200 Escalation Allowance 10%$235,100 $3,291,400 Signage 0.50%$11,755 FFE Allowance 3%$70,530 Testing and Inspection Allowance 1.00%$23,510 Door Hardware $40,000 AV 2%$47,020 Splashpad Full Scope 9,000 sf $387 /sf $3,484,215 GRAND TOTAL ALL STAGES 33,000 sf $732 /sf $24,155,052 Exclusions: HST Food Equipment/ Kitchen Equipment Design Fees Escalation beyond 2020 Legal fees and expenses Premiums for single sourcing materials Project Management Fees Schedule Acceleration Premiums Owner's administration Expenses AESS Grade Steel Permits and Development Charges Page 88 of 333 221819, TILLSONBURG COMMUNITY CENTRE CLIENT PRESENTATION 19.03.06 Page 89 of 333 Page 1 of 5 Report No: CP 2019-85 COMMUNITY PLANNING Council Date: April 8, 2019 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change- Removal of Holding Provision ZN 7-19-03 – Oxnard Developments Inc. REPORT HIGHLIGHTS The application for zone change proposes to remove the holding provision from Phase 2 of the Potters Gate development. The appropriate servicing works have been completed and development agreements have been signed. Removal of the holding provision will allow for the issuance of building permits. Phase 2 consists of 3 blocks for semi-detached dwellings and street fronting townhouse dwellings. Planning staff are recommending approval of the application, as appropriate development agreements have been signed, and sufficient water and wastewater capacity is available for the development. DISCUSSION Background OWNER: 2385667 Ontario Limited 9140 Leslie Street, Unit 210, Richmond Hill, ON L4B 0A9 LOCATION: 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. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 90 of 333 Report No: CP 2019-85 COMMUNITY PLANNING Council Date: April 8, 2019 Page 2 of 5 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Low Density Residential Type 2 Holding Zone (R2-16H) Proposed Zoning: Special Low Density Residential Type 2 Zone (R2-16) PROPOSAL: The purpose of the Application for Zone Change is to remove a holding provision on the subject lands to allow for the development of single detached dwellings and street fronting townhouse dwellings. The subject properties are 3 existing blocks within Registered Plan 41M-272. Block 9 is located at the southeast corner of the Harvest Avenue and Potters Road intersection and has an area of 2866 m2 (30,849 ft2). Block 7 is located on the east side of Harvest Avenue, south of block 9 and a future road connection to the lands to the east, and has an area of 3796 m2 (40,860 ft2). Block 6 is located on the west side of Harvest Ave, south of the regional storm water management pond and adjacent to the Ontario Southland Railway, and has an area of 5512 m2 (59,331 ft2). Appropriate development agreements have been signed by the developer and the Town and County and the owner has now requested that the holding provision on the lands be lifted to allow for the issuance of building permits for the lands within this development. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicant’s Sketch, shows the proposed layout and dwelling types. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 provides that healthy liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs; and avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 91 of 333 Report No: CP 2019-85 COMMUNITY PLANNING Council Date: April 8, 2019 Page 3 of 5 OFFICIAL PLAN: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. The use of the lands for semi-detached dwellings, street fronting townhouses and accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘R2-16(H)’ according to the Town of Tillsonburg Zoning By-law. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this instance, holding provisions were applied to ensure that appropriate development agreements are in place, recommendations of the Noise and Vibration Study have been satisfactorily implemented, and adequate water and wastewater capacity is assigned to the development prior to the construction of dwelling units. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes. The R2-16 zoning permits single detached dwellings, semi-detached dwellings, duplex dwelling, and a street fronting townhouse dwelling. The R2-16 zone also has a number of varied development standards relating to reduced lot frontage, exterior side yard width, front yard depth, and interior side yard width for street fronting townhouse dwellings and semi-detached dwellings. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the lands. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed development. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the County Official Plan and can therefore be supported from a planning perspective. Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and the Town Engineering Department has indicated that they have no objection to the removal of the holding provision as the appropriate development agreements are in place. All recommendations of the Noise and Page 92 of 333 Report No: CP 2019-85 COMMUNITY PLANNING Council Date: April 8, 2019 Page 4 of 5 Vibration Study have been implemented through engineering design of the subdivision and appropriate clauses in the subdivision agreement. It is Planning staff’s opinion that the request to remove the holding provision within Phase 2 of Potters Gate to allow for residential development in the form of semi-detached dwellings and street fronting townhouses is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. RECOMMENDATION That the Council of the Town of Tillsonburg approve the zone change application, File No. ZN 7-19-03, as submitted by Oxnard Developments Inc., for lands described as Blocks 6,7 & 9, Plan 41M-272, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Potters Gate. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP Director Page 93 of 333 Report No: CP 2019-85 COMMUNITY PLANNING Council Date: April 8, 2019 Page 5 of 5 Report Approval Details Document Title: ZN 7-19-03_ Report.docx Attachments: - Report Attachments.pdf Final Approval Date: Apr 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 2, 2019 - 4:29 PM Page 94 of 333 March 13, 2019 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 1280 Notes NAD_1983_UTM_Zone_17N 64 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) Plate 1: Location Map with Existing Zoning File No: ZN 7-19-03- 2385667 Ontario Limited Blocks 6, 7, 9, Plan 41M-272, Town of Tillsonburg Subject Properties Page 95 of 333 I. --------- Cons1tltiug f:ngit~eer.s, Architf'cls 6 Planllt!rS ZONING BY-LAW REQUIREMENTS REQUIRED IO.~m ''"' '-'"' 1,2m 'II'ITH~ '-"" li!Jm'WIN:II'.N 4)0m' WINII.I\N "" ..... I.C>n J.Orn [NO VNIT '·"" 240m0 WIHIW!ot ... PROPOSED ,.., 16.11'1 7.)m 1.2$m WITK GNt.o\C[ '-"" 38'"'-' N.:HJWW IIIOm'l,jiNJW ... ,. 1.0!01 . .... 1.:nm 8.7m 21Mn11 N.Jtl~ ,. . LAND USE TABLE PROPOSED DMSONS PROPOSED LAND USE AREA DENSITY G. DOUGLAS VALLEE LIMITED 2 TALBOT STREET NORTH SIMCOE, ONTARIO N3Y 3W4 (519) 426-6270 /" • r r r PHAS E 3 I / I I / I / / I I I ==================/ REZONE Fjl(lt.l FO TO R2 SPECIAL EXCEPTION TO Pf.Rt.IIT A STREET FRONTING TOWNHOUSE DWELLING POTTER•s GATE PHASE 2 TILLSONBURG LOCATION PART OF LOT 24 LAND REGISTRAR'S COMPILED PLAN 1653 BLOCK 6, 7, AND 9 PLAN 41 M 272 TOWN OF TILLSONBURG OXFORD COUNTY ,.., '"' .. ~fA :P ZJ 18-005 Plate 2: Applicant's Sketch File No: ZN 7-19-03- 2385667 Ontario Limited Blocks 6, 7, 9, Plan 41M-272, Town of Tillsonburg Page 96 of 333 Report Title CLK 19-10 Tillsonburg Transit Advisory Committee Terms of Reference Report No. CLK 19-10 Author Sherry Hamilton, Chair of Tillsonburg Transit Advisory Committee and Amelia Jaggard, Legislative Services Coordinator Meeting Type Council Meeting Council Date April 8, 2019 Attachments Amended Terms of Reference (red line version) Page 1 / 3 CLK 19-10 Tillsonburg Transit Advisory Committee Terms of Reference RECOMMENDATION THAT Council receives Report CLK 19-10 Tillsonburg Transit Advisory Committee Terms of Reference; AND THAT Council approve the amended Terms of Reference for the Tillsonburg Transit Advisory Committee. BACKGROUND At the Tillsonburg Transit Advisory Committee meeting on March 19, 2019, the committee reviewed their Terms of Reference and passed the following resolution: Moved by: David Brown Seconded by: Pete Luciani THAT the Terms of Reference for the Tillsonburg Transit Advisory Committee be amended under section 1 to include advising and assisting with the development of the intercommunity transit system. Carried. DISCUSSION A red line version of the proposed amended Terms of Reference is attached for Council’s review. In addition to the proposed amendment, the committee agreed that section 1.2 is no longer relevant and should be removed. An error in the term length was corrected from two years to four years in sections 2.1 and 3.1. Also, there was a duplication of information within the mandate and section 1.0; three sentences have been removed from the mandate. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability Page 97 of 333 Page 2 / 3 CAO Page 98 of 333 Page 3 / 3 CAO Report Approval Details Document Title: CLK 19-10 Transit Advisory Committee TOR.docx Attachments: - CLK 19-10 Attactment 1 - Amended TOR - Tillsonburg Transit Advisory Committee.docx Final Approval Date: Mar 31, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 31, 2019 - 12:56 PM Page 99 of 333 Tillsonburg Transit Advisory Committee Terms of Reference Mandate: The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedures related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. 1.0. Role of the Community Transportation Advisory Committee 1.1. Advise Council on matters related to services of community transportation. 1.2. Advise and develop working relationships with community groups involved with community transportation and interconnectivity. 1.3. Advise and assist with the development of a public engagement program and promote the activities of the Committee and operational policies and procedures related to community transportation. 1.4. Advise and assist with the development of the intercommunity transit system. 1.5. To advise Council with regard to the Community Strategic Plan. 1.6. To set out clear goals for the committee for the term. 1.7. To liaise with other committees or organizations with overlapping roles and responsibilities. 2.0. Organization of the Committee The Committee should be comprised of representatives of the community organizations and individuals associated with community transit. The Committee should also be comprised of a council representative and a nonvoting Town of Tillsonburg staff representative. Town Council will appoint members to the Tillsonburg Transit Advisory Committee. The composition shall be as follows: Representative of Community Living Tillsonburg. Representative of the Tillsonburg and District Multi Service Centre. Representative of Social Planning Council Oxford. Representative of Town of Tillsonburg Council. Up to 4 community members including users of the transit system, 1 member from the Economic Development Advisory Committee and 1 member from the Accessibility Advisory Committee. 2.1. The term of a Committee Member is a four (4) year term. 2.2. Additional members may be appointed throughout the term. 2.3. There will be a minimum of 7 members and a maximum of 9 members. 2.4. One member will be appointed by vote of the committee at the first meeting to chair the meetings for that term. The committee will also, at this time, select a vice-chair and secretary for the same duration. Page 100 of 333 2.5. Municipal staff including the CAO shall interact in an advisory manner to the committee as needed and the role of staff liaison shall be fulfilled by the CAO and the Director of Operations. 3.0. Meetings 3.1. The TTAC will hold meetings throughout the four (4) year period. 3.2. The date and time of the regular meetings will be established by the TTAC. 3.3. Meetings will have a formal agenda and adhere to the Town of Tillsonburg Procedural By-law. 3.4. Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail,) to TTAC Members prior to each meeting. 3.5. A majority of the Committee Members will constitute quorum for the transaction of business. 4.0. Role of the Chair The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1. Calling the meetings to order. 4.2. The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3. Creating an agenda in consultation with secretary. 4.4. Chairing the meetings to ensure business is carried out efficiently and effectively. 4.5. Acting as spokesperson. 4.6. Representing the TTAC on other committees when necessary. 4.7. The Chair shall conduct meetings in accordance with the Town's Procedural By-law. 4.8. In the absence of the Chair, these responsibilities will be undertaken by a Vice-Chair. 5.0. Role of the Secretary The Secretary is responsible for ensuring a complete up to date record for the TTAC. 5.1. In liaison with the Chair, arrange date, time and venue for meetings. 5.2. In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3. Circulate draft minutes to the members. 5.4. Keep a complete up to date record of the committee minutes. 6.0. Role of Members Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: Page 101 of 333 6.1. Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2. Review all information supplied to them. 6.3. Prepare information for use in the development of materials for the Committee. 6.4. Promote the role of the Committee. 6.5. Offer input to committee reports to Council. 6.6. Attend training as required to effectively perform their role as a committee member. 6.7. Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0. Role of Municipal Staff The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 7.1. Acting as an information resource. 7.2. Orientation of Committee members at the first meeting after Council appointment. 7.3. Assist the Committee in its’ reporting to Council. 7.4. Provide correspondence to the Committee. 8.0. Reports to Council The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1. Verbally by a Council representative. 8.2. Written Report from the staff liaison and presented by the Chair or the designated representative. An annual report will also be submitted to Council at the beginning of each new year outlining the Committee's accomplishments in the previous twelve months. Page 102 of 333 Report Title Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model Report No. DCS 19-07 Author Staff on behalf of Jesse Goossens, Chair Meeting Type Council Meeting Council Date April 8, 2019 Attachments Page 1 / 4 Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model RECOMMENDATION THAT Council receive report DCS 19-07 Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model as information. BACKGROUND At the Economic Development Advisory Committee meeting on March 21, 2019, the General Manager of Tillsonburg Hydro Inc provided an update on Tillsonburg Hydro Inc’s (THI) Distribution System Expansion Costs and Charges changes as approved by the Board of Directors in January of 2019 as per the following motion. AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. This motion resulted in a change to the cost-sharing ratio from 50:50 to 90:10 with the developer now bearing the majority of the costs as determined through the Economic Evaluation Model (EEM). This is different from other utilities in the area. While this requirement is now in place, no applications for system expansion have been received under the new regime yet. The Board did defer the requirement for a system expansion deposit until such time as it is mandated. Page 103 of 333 Page 2 / 4 CAO DISCUSSION At the Economic Development Advisory Committee meeting on March 21, 2019, the committee passed the following resolution: THAT the Economic Development Advisory Committee advise Town Council that the Committee is deeply concerned about impacts to competitiveness with respect to the decision made by the Tillsonburg Hydro Inc. Board of Directors to increase the costs included in the Economic Evaluation Model as well as to increase the share of these costs paid by the developer. The committee is concerned that the change to the Distribution System Expansion Costs and Charges will make the Town of Tillsonburg less attractive for new investment. In their Dec 11, 2018 letter to the THI Board of Directors, the committee asked that comparator information be provided but have not received any information in that regard to date. The committee would like the THI Board of Directors to reconsider their decision while taking into consideration the current practices of utilities in the adjacent communities. It is the Committee’s intent to request a meeting with THI to bring these concerns forward and discuss potential options. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 104 of 333 Page 3 / 4 CAO Page 105 of 333 Page 4 / 4 CAO Report Approval Details Document Title: Report DCS 19-07 Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model.docx Attachments: Final Approval Date: Mar 31, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 31, 2019 - 12:25 PM Page 106 of 333 Report Title Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual Report No. OPS 19-09 Author Staff on behalf of Mark Renaud, TAAC Chair Meeting Type Council Meeting Council Date April 8, 2019 Attachments Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-09 Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual as information. BACKGROUND At the January 28th 2019 Regular Council meeting Report OPS 19-01 Airport Building Permits was referred to the Tillsonburg Airport Advisory Committee for review and comment prior to the matter being brought to Council for consideration. SUMMARY At the Tillsonburg Airport Advisory Committee meeting on March 21st 2019, the Committee was provided with a verbal summary of background information that led to Council’s request from the Committee regarding Report OPS 19-01 Airport Building Permits. The Committee raised concerns of not being able to advance development at the Airport since South-West Oxford’s position of no longer issuing building permits for the Airport. Through discussion and review of Report OPS 19-01 it was highlighted that neither South-West Oxford or the Town of Tillsonburg have the authority to require building permits at the Airport, but that since the Town owns the Airport Property an alternative process of administering Airport development entirely in-house by Town staff can achieve the same outcome. The Committee further discussed that an Airport Development Manual would help communicate expectations and requirements to potential applicants upfront and provide a more streamlined process for review and approval. The Committee then passed the following resolution: Moved by: Geoffrey Lee Seconded by: Jeremy Stockmans “THAT the Tillsonburg Airport Advisory Committee supports the administration of development activity at the Airport entirely in-house by Town Staff, AND THAT Town staff expedite the assembly of the Airport Development Manual” Carried. Page 107 of 333 Page 2 / 3 FINANCIAL IMPACT/FUNDING SOURCE There is potential to increase revenues through land lease agreements associated with new hangar development at the Airport. COMMUNITY STRATEGIC PLAN (CSP) 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy Page 108 of 333 Page 3 / 3 Report Approval Details Document Title: OPS 19-09 Tillsonburg Airport Adivsory Committee Comment Regarding the Airport Development Manual.docx Attachments: Final Approval Date: Apr 3, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 3, 2019 - 8:28 AM Page 109 of 333 Page 110 of 333 Page 111 of 333 Page 112 of 333 Page 113 of 333 Page 114 of 333 Page 115 of 333 Page 116 of 333 Tillsonburg Hydro Inc (THI) Amendments to Expansion Deposit Collection and Calculation of Incremental Costs to New Customers Tillsonburg District Chamber of Commerce Position Issue The TDCC is submitting this policy to support the economic growth in Tillsonburg by maintaining residential and commercial development projects at a competitive cost. Background THI has adopted changes that take affect January 1, 2019 with regards to work flow, expansion deposit collection and the way in which the calculations for incremental costs for new customers are done. These adopted changes increase the costs of developing new projects in the Town of Tillsonburg. These can lead to discouraging residential and commercial developers from picking Tillsonburg to do business in. Although there are other LDC’s that have adopted similar models, there are some that have not, and Tillsonburg needs to remain competitive. Recommendations The Tillsonburg District Chamber of Commerce urges Tillsonburg Hydro Inc to: 1. Utilize a minimum 45-day consultation with the Tillsonburg District Chamber of Commerce, the Tillsonburg Economic Development Advisory Committee and Tillsonburg Town Council for any changes in policies, procedures and fees that affect developers and business customers of THI. 2. Eliminate the mandatory expansion deposit until mandated by the OEB. 3. Continue with the 50/50 calculation rather than the 90/10 calculation that is slated to commence January 1 2019 between THI and the developer until mandated by the OEB. Once mandated utilize the minimum percentage for the developers’ portion permitted by the OEB. Use the same costs that were used previously to determine the amount while permitted by the OEB. Submitted: December 13, 2018 Page 117 of 333 200 Broadway, 2nd Floor ph: (519) 688-3009 Tillsonburg ON N4G5A7 Update on Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges January 31, 2019 Background THI is regulated by the Ontario Energy Board (OEB). The OEB uses many codes, regulations and directions to communicate the various regulations that Local Distribution Companies (LDC) follow. THI as a licensed LDC is obligated to follow the codes, regulations and directions published. The rules and guidelines for Distribution System Expansion is managed through the Distribution System Code (DSC) – dated March 15, 2018. Along with the published DSC the OEB is currently in the process of updating the DSC. Feedback was received from the Development Community through the discussion at the December 5th Development Community meeting, at the December 11th Development Committee meeting and correspondence received from interested parties addressed to the THI Board. The THI Board considered stakeholder input as well as OEB rules and risks. The following resolution was passed: Board Resolution Passed - January 2019 AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. Discussion At the December 5th meeting, Hydro Operations Staff indicated that they would reach out to the regulator (OEB) to validate the costs included and the process in which THI calculates the incremental costs per customer. This value is what changes the allocation of the capital costs between the developer and THI. OEB Staff responded with the following on December 10, 2018: Page 118 of 333 “As stated in the DSC Appendix B, any incremental attributable costs directly associated with the addition of new customers to the system would be included in the operating and maintenance expenditures. Based on the limited information you have provided, Operations / Maintenance, Billing / Collecting, Administration, Amortization and Interest (OMADI) can be used as incremental attributable costs in the economic evaluation as long as those costs are not included anywhere else in the evaluation (i.e. no double counting). The average cost per customer based on a distributor’s current costs is considered appropriate to be used to estimate the incremental cost per every new customer that is part of the expansion.” THI believes that they are following the Distribution System Code (DSC), the intent of the DSC and OEB staff interpretations of the regulations. Not following this direction would put THI’s future revenue streams and regulatory compliance at risk. As a result, the THI Board passed the resolution above and will continue to use the average full cost per customer (including OM&A costs, plus depreciation and interest) in allocating the capital cost of future developments. The expansion deposit will not be collected until mandated by the regulator and at such time the THI Board will review the proper level of the deposits to be levied against future developments. If you have any questions or concerns, please don’t hesitate to contact me directly. Sincerely, Ian McKenzie General Manager imckenzie@tillsonburg.ca Page 119 of 333 Report Title MMAH – Regional Government Review Report No. MYR 19-06 Author Mayor Molnar Meeting Type Open Session Council Date April 8, 2019 Attachments Various – As attached Page 1 / 4 MMAH – Regional Government Review RECOMMENDATION WHEREAS the Province of Ontario (MMAH) has begun a Regional Government Reform initiative that includes Oxford County and hence the Town of Tillsonburg; AND Whereas the Council for the Town of Tillsonburg supports an open, transparent and fact- based approach to identifying any areas of operational efficiencies and financial savings; And WHEREAS the Town of Tillsonburg is committed to both protect and enhance, in a responsible manner, the proud legacy of our municipality; AND WHEREAS the Council for the Town of Tillsonburg opposes a One Tier Governance structure in Oxford County as historical indications suggest it will not result in better decision making, will not result in improved services or level of customer service and will not provide any overall net cost efficiencies; AND WHEREAS the Town of Tillsonburg supports the continuation of a Two Tier Governance structure and supports an open and transparent approach to identify local and regional efficiencies; NOW THEREFORE BE IT RESOLVED that Council for the Town of Tillsonburg endorses any opportunity to reinforce and enhance a Two-tier Governance structure in Oxford County; AND FURTHER THAT the material contained within this report be made available to the CAO for his subsequent report as anticipated; AND FURTHER THAT Council endorses the opportunity for enhanced Public Engagement by hosting an Open House session as to be facilitated by Town staff AND FURTHER THAT this report be forward to the other municipalities in Oxford, including the County of Oxford as information. EXECUTIVE SUMMARY On January 15, 2019 (Attachment 1) the Minister of Municipal Affairs and Housing for the Province of Ontario announced that the Government is moving ahead with a review of Regional Government. While a “County” by name, Oxford is a Regional government as referenced in the Municipal Act. Two special advisors (Michael Fenn and Ken Seiling) Page 120 of 333 Page 2 / 4 have been appointed to consult broadly over the coming weeks and to provide recommendations to improve governance, decision-making and service delivery. Recommendations to the Government of Ontario are expected by early summer of 2019. The last official review of municipal governance structure occurred some twenty years ago as expected within the Savings and Restructuring Act, 1996. At this time a service delivery review was undertaken by KPMG regarding 11 specific municipal services to identify any opportunities for operation symmetry and/or financial savings. At this same time period the size of Tillsonburg’s Municipal Council was reduced from 9 members to 5, while County Council was reduced from 20 members to 10. Subsequent to the last official review, some local services were uploaded to the County of Oxford for both operation efficiency and financial savings. Primary among these were Solid Waste Management and Recycling, Tourism and Strategic Long-term Planning. Examples of reviewed services that remained status quo included Fire, Policing, By-law Enforcement Economic Development, Airport, Building Inspection and a modified Roads partnership. As the Town of Tillsonburg works proactively with our municipal partners in Oxford County we remain committed to continuous improvement and the identification of operational efficiencies on a regular basis. The statistical approach to finding reasonable and achievable solutions was reinforced by the objective studies conducted by KPMG (October 2000) and the parallel report by CN Watson of April 2000. It would be unfortunate that any amendment to the current governance structure of Tillsonburg and Oxford County was not based on a similar fact based analysis. OBJECTIVE Council will be reminded that at the regular Council meeting of February 28, 2019 the following resolution was approved relative to Correspondence from the City of Woodstock. (Attachment 2) 12.4 Regional Reform Report - Woodstock City Council Oxford CAO's will be meeting to discuss the regional governance review. The CAO will report back to Council prior to a report being submitted to County Council. Stakeholders will have an opportunity to provide input. Resolution # 7 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives the report for Woodstock City Council regarding regional government review, as information; AND THAT Council direct the CAO to participate with Oxford County CAO's in discussions regarding the regional governance review; AND THAT this initiative be added to the 2019 Business Plans. Page 121 of 333 Page 3 / 4 The CAO has been in meetings with the other 8 CAOs in Oxford and while awaiting his more comprehensive operational report, this author feels it is important to share any progress that has been made at County Council and to encourage local dialogue on this very important review. BACKGROUND Attached to this report as information are various documents and resolutions that hope to bring some clarity to the process to date and share publicly the material that would hopefully stimulate open and transparent dialogue within our community. Attached as referenced; Attachment 1) Letter from Minister Clark (January 15, 2019) Attachment 2) Correspondence from City of Woodstock (February 26, 2019) Attachment 3) Correspondence from Zorra Township (March 6, 2019) Attachment 4) County Report CAO 2019-03 (March 27, 2019) Attachment 5) Amended Resolution Report CAO 2019-03 (Attachment 4) Attachment 6) County Resolution regarding “One-time” Funding from MMAH Attachment 7) Correspondence from Minister Clark re; Tillsonburg “One-time” Funding FINANCIAL IMPACT/FUNDING SOURCE There is no immediate Financial Impact based on receiving the information in this report. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship Page 122 of 333 Page 4 / 4 Page 123 of 333 Page 124 of 333 Page 125 of 333 Page 126 of 333 Page 127 of 333 Page 128 of 333 Page 129 of 333 Page 130 of 333 Page 131 of 333 Page 132 of 333 Page 133 of 333 Page 134 of 333 Page 135 of 333 Page 136 of 333 Page 137 of 333 Page 138 of 333 Page 139 of 333 Page 140 of 333 Page 141 of 333 Page 142 of 333 Page 143 of 333 Page 144 of 333 Page 145 of 333 Page 146 of 333 Page 147 of 333 Page 148 of 333 Page 149 of 333 Page 150 of 333 Page 151 of 333 Page 152 of 333 Page 153 of 333 Page 154 of 333 Page 155 of 333 Page 156 of 333 Page 157 of 333 Page 158 of 333 Page 159 of 333 Page 160 of 333 Page 161 of 333 Page 162 of 333 Page 163 of 333 Page 164 of 333 Report Title Ice Cream Refreshment Vehicles Report No. CLK 19-11 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date April 8, 2019 Attachments By-Law 4269 To amend By-Law to include Ice Cream Refreshment Vehicles By-Law 3666 Business Licence By-Law Page 1 / 4 8472732517,,,CLK 19-07 Amend Business Licence By-Law to include Ice Cream vehicles RECOMMENDATION THAT Council receives Report CL 19-11, Ice Cream Refreshment Vehicles; AND THAT a By-Law to amend By-Law 3666 be brought forward for Council consideration. BACKGROUND Sections150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. The Act provides that a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection. DISCUSSION At the November 26, 2012 Council meeting Council passed By-Law 3666, To Govern the Licensing of Businesses within the Town of Tillsonburg. The Municipality has received a request to operate an “Ice Cream Vehicle” within the Town. As the current by-law did not define this type of business it became necessary to amend the by-law to allow this type of business to operate in the Town of Tillsonburg. The proposed changes to the by-law include: - defining ice cream bicycle and ice cream truck; - defines that heated or cooked food, milk or any beverages or any goods, wares or merchandise other than ice cream and frozen refreshments are not allowed to be sold under this type of license; - sections 7.3 & 7.4 of By-Law 3666 do not allow the operation of a food vending business to be located on municipal property, therefore the amendment allows ice cream bicycles and trucks to operate on municipal property, including road allowances and municipal parks; - ice cream vehicles shall not operate on any travelled portion of a road allowance within the BIA area; - ice cream bicycle or trucks are not allowed to operate between the hours of 9:00 p.m. and 7:00 a.m. on any day; - requires the business owner provide insurance coverage in respect of any one accident to the limit of five million dollars ($5,000,000) which shall name the Town as additional insured. Page 165 of 333 Page 2 / 4 CAO CONSULTATION/COMMUNICATION The draft by-law amendment was provided to SLT for comment as well as the Chief Building Official (CBO). The BIA was also provided the draft by-law to provide comment on an additional business type operating within the town and in particular the Business Improvement Area. The CBO provided comments; - bicycles are not allowed on sidewalks in the downtown core as per By-Law 2488-89 and therefore I don’t think it is safe for this type of business to be pedaling down Broadway soliciting business where cars are backing out of parking stalls. - Broadway sidewalks are probably wide enough if you consider amending/permitting but the side streets where the buildings are up to the property lines will not be wide enough to permit a typical ice cream vehicle and still allow pedestrian movement. SLT reviewed the By-Law and responded to the CBO’s comments. To address this concern section 7.13 was added as follows: “No person shall operate or permit the operation of an ice cream vehicle on any travelled portion of a road allowance within the BIA area.” This would allow that an ice cream vehicle would have to pull into a vacant parking stall or to a curb within the BIA in order to operate in this area. The draft by-law was sent to the BIA Executive Director to provide to the BIA for comment. The document was circulated and comments from individual members provided. The comments from four BIA members were all positive and in favour of the amendment. The current BIA Board consists of 6 members, therefore a majority have provided comments in favour of the amendment. Staff reviewed licensing by-laws for ice cream vending from a number of municipalities including the Town of Collingwood, Municipality of Clarington, Township of Severn and the Town of Orangeville. FINANCIAL IMPACT/FUNDING SOURCE The Town will receive licencing fees for any business who applies to operate an Ice Cream Vehicle within the Town of Tillsonburg. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core Page 166 of 333 Page 3 / 4 CAO Page 167 of 333 Page 4 / 4 CAO Report Approval Details Document Title: CLK 19-07 Amend Business Licence By-Law to include Ice Cream vehicles.docx Attachments: - By-Law 4269 amend 3666 Licence Ice Cream vehicle.docx - 3666 To govern the licensing of businesses within the Corporation of.pdf Final Approval Date: Mar 31, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 31, 2019 - 12:31 PM Page 168 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4269 A BY-LAW to amend By-Law 3666, to Govern the Licensing of Businesses within the Town of Tillsonburg. WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s Business Licensing by-law to include an Ice Cream Truck or Ice Cream Bicycle as a Licenced Business in the Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 2.0 DEFINITIONS “ice cream bicycle" means an insulated container for storing and transporting frozen ice cream, propelled totally by muscular power without motorized assistance and from which ice cream and other frozen confections may be sold. “ice cream truck" means a vehicle modified to transport frozen ice cream from place to place, which is duly licensed by the Ministry of Transportation and is capable of being driven on highways or within municipalities and from which ice cream and other frozen confections may be sold. 1. THAT Section 7.0 FOOD VENDING shall be amended as follows: 7.7 No person shall operate a competing refreshment vehicle, refreshment stand, Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other refreshment vehicle, refreshment stand or Ice Cream Vehicle/Stand or within 8 metres (26 feet) of the vehicular entrance to the property or in any location which will obstruct the flow of vehicles. 7.11 Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycles No person shall operate an ice cream truck or an ice cream bicycle from which is sold: - heated or cooked food - milk or any beverages - any goods, wares or merchandise or other item other than ice cream, and frozen refreshments. 7.12 Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate on municipal property, including road allowances and municipal parks. 7.13 No person shall operate or permit the operation of an ice cream vehicle on any travelled portion of a road allowance within the BIA area. 7.14 No person shall operate or permit the operation of an ice cream truck or bicycle between the hours of 9:00 p.m. and 7 a.m. on any day. Page 169 of 333 Insurance 7.14 No person shall operate an ice cream truck or ice cream bicycle unless he takes out and keeps in force during such operation a comprehensive policy of public liability and property damage insurance acceptable to the Licensing Officer. 7.15 The policy shall, at a minimum, provide insurance coverage in respect of any one accident to the limit of five million dollars ($5,000,000) exclusive of interest and costs, against loss or damage resulting from bodily injury to, or death of one (1) or more persons and loss of, or damage to, property. 7.16 Such policy or policies shall be in the name of the owner and shall name The Corporation of the Town of Tillsonburg as an additional insured thereunder, and shall state that The Corporation of the Town of Tillsonburg shall be indemnified by the owner of the licence so that if a law suit is filed against the Town, notwithstanding that the operator or owner of the licence had general liability insurance, the operator or owner of the licence or vehicle will be required to pay to the Town any and all costs it incurred, or losses suffered by the Town, as a result of any legal proceeding. All policy or policies shall also contain a cross- liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town’s issuance of the permit to use the designated area. 7.18 The proof of insurance shall include a provision that the licensing officer will be given at least ten day’s notice in writing of any cancellation, expiration or variation in the policy. 7.20 No person shall fail to have the proof of insurance with him while operating a refreshment vehicle or refreshment stand 2. THAT these amendments to By-Law 3666 are hereby declared to be part of that By- Law as if written therein. 3. This By-Law shall come into full force and take effect upon the final passing hereof. READ A FIRST AND SECOND TIME THIS 8th DAY OF APRIL, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF APRIL, 2019. _______________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 170 of 333 THE CORPORA TION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3666 BEING A BY-LAW to govern the licensing of businesses within the Corporation of the Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, 25without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections 150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. AND WEREAS it is necessary and expedient that there shall be rules governing the licensing of businesses within the Corporation of the Town of Tillsonburg. AND WEREAS the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Laws 996, 1866, 1867, 2100, 2315, & 2761; THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACT AS FOLLOWS: 1.0 SHORT TITLE This By-Law shall be known as and referred to as the "Town of Tillsonburg Business Licensing By-Law". 2.0 DEFINITIONS In this by-law "antique/collectible show/flea market" shall include the exhibiting or offering for sale on a temporary basis at one location, antique or collectible goods, wares or merchandise where such is permitted under the Town's Zoning By-law. "applicant" means a person who is required to be Licenced pursuant to this by-law or who has made an application for a Licence to the Clerk and shall include a Licensee. "attendant" means any person other than a Licenced owner or operator who provides 1 Page 171 of 333 services. "auctioneer" means any person selling or putting up for sale goods, wares, merchandise or effects by public auction. "business" means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of the sale or hire of samples, patterns or specimens of any goods and any activity or thing. "charitable organization" means an organization which is created primarily for a charitable object or purpose in Ontario, is operated not for profit, and includes a religious organization or minor sports group. "chief building official" means the person who may, from time to time, be appointed by Council to the position of Chief Building Official in conformity with the provisions of the Building Code Act, S.O., 1992, By-Law 23 or his designate. "chief fire official" means the person who may, from time to time, be appointed by Council to the position of Chief of the Fire Department of the Town or his designate. "clerk" means the Clerk of The Corporation of the Town of Tillsonburg. "council" means the Council of The Corporation of the Town of Tillsonburg. "door to door sales" shall include any business, person or organization which engages in the solicitation, sale, purchase or rental of goods, wares, merchandise or services, or has aforementioned actions conducted on their behalf, on a door to door basis. "door to door salesperson" shall include any person who engages in the solicitation, sale, purchase, or rental of goods, wares merchandise, or services on a door to door basis including salespersons or agents. "keeper" shall mean the proprietor or manager of a business. "Licensee" means a person who has been issued a Licence pursuant to this By-Law either in the current calendar year or in a previous calendar year and shall include an Applicant. "Licensing Officer" means the Clerk of the Town of Tillsonburg or his/her designate. "local producer" means any person who grows local produce, including those who reside in abutting townships. "local produce" means products grown on lands in the Town of Tillsonburg or surrounding Townships and Counties. "mobile vending vehicle" means a motorized vehicle as defined by the Highway Traffic Act designed for the purpose of preparing, selling or dispensing food or drinks from the actual vehicle, intended for the consumption by the general public. 2 Page 172 of 333 "Municipal Law Enforcement Officer" means a person appointed under authority of the Police Services Act for the purpose of enforcing Town by-laws. "non-profit charitable organizations" means whether incorporated or not, which have objects and purposes that are exclusively and wholly charitable. The organization is recognized by Revenue Canada as being "charitable" and it is complying with the reporting requirements under the Charities Accounting Act or is completing a Public Information Return under the Income Tax Act. "non-profit non-charitable organizations" means whether incorporated or not, which have objects and purposes that are both charitable and non-charitable and that raise money for the relief of poverty, the advancement of education, the advancement of religion, culture and the arts, health arid welfare and for athletic clubs and associations. "owner" means a person who has in respect of premises, an estate for life or a greater estate, legal or equitable or leasehold estate. "pawnbroker' means a person who carries on the business of taking by way of pawn or pledge any article or second hand goods for the repayment of money lent thereon. "pawn shop" means a place where the business of a pawnbroker is carried on and includes any area where any such goods are stored or the business is carried on and all relevant documents pertaining to the conduct of operating a pawn shop. "person" includes a corporation or a partnership. "reasonable grounds" a set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond a mere suspicion. "refreshment vehicle" means a vehicle as defined by the Highway Traffic Act, or portable unit designed for the purpose of preparing, selling or dispensing food or drinks intended for consumption by the general public. "refreshment stand" means any facility (other than a restaurant or similar permanent establishment) from which food and refreshments are for sale or sold for consumption by the public on a seasonal basis, but does not include a refreshment vehicle. "salesperson" means a person who, within the Town of Tillsonburg, goes from place to place or to a particular place with goods, wares or merchandise for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards. Shall include a Door to Door Salesperson or any person who engages in the solicitation, sale, purchase, or rental of goods, wares merchandise, or services on a door to door basis including salespersons or agents. Shall not include a business to business salesperson. "second-hand goods" shall include but not limited to clothes, books, bottles, bicycles, automobiles, furniture and electronics. 3 Page 173 of 333 "second hand goods dealer" means a person who carries on the business of selling second hand goods. "second hand goods shop" means a place in which a second hand goods dealer exercises the trade of receiving or taking on consignment any second hand goods for resale and includes any area where any such goods are stored or the business is carried on and all relevant documents pertaining to the conduct of operating a second hand goods shop. "services" includes activities, facilities, performances, exhibitions, viewings and encounters, but does not include the exhibition of film approved under the Theatres Act. "to provide" when used in relation to services, includes to furnish, perform, solicit or give such services and "providing" and "provision" have corresponding meanings. "Town" shall mean The Corporation of the Town of Tillsonburg. 3.0 GENERAL PROVISIONS 3.1 Application - in writing Every application for a Licence shall be made in writing on a form provided by the Clerks' Office and may be obtained at the Tillsonburg Customer Service Centre or the Town's web site and the required fee shall be deposited upon approval of the application. 3.2 Fee-set out The Licence fee for each Licence required shall be set out in the current Town of Tillsonburg Rates & Fees By-Law. 3.3 Licence - term Licence issued pursuant to this By-Law shall be for a period from January 1 to December 31 each year, except as set out in Section 4. 3.4 Licence - issue subject to requirements Subject to the applicant meeting the requirements of this By-Law, Each licence shall be issued in the name of the Town and shall be granted and signed by the Clerk and the Director of Finance and/or their designates. 3.5 Licence - displayed - clearly visible Every Licence issued in accordance with this By-Law shall be displayed in a prominent place and be clearly visible to the public at all times. 3.6 Every Salesperson Licence, licenced in accordance with this By-Law shall at all times, while carrying on business, carry the licence with him/her and shall upon demand exhibit it to any Municipal By-law Enforcement Officer, Citizen of the Town of Tillsonburg or Ontario Provincial Police Officer. 3.7 Every Licence applied for pursuant to this By-Law shall be subject to the following inspections/approvals where required: Page 174 of 333 All applications subject to: i) Zoning approval ii) Building Department approval iii) Fire Department approval The following approvals required based on the type of business iv) Health Unit approval where required v) boards, commissions, authorities or agencies as the Clerk considers may have an interest or potential interest in the application, and who may submit comments or recommendations to the Clerk in respect of the application 3.8 Approvals must be received from each department/agency as set out in Section 3.7 before a Licence is issued. 3.9 The Licensing Officer may refuse a licence if any applicant who, have past breaches of this By-Law or because of failure to comply with the requirements of this By-Law or other applicable By-laws of the Town or of any local board thereof, or of any statute, order-in-council, or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, or Board or Commission thereof, in, upon or in connection with the applied for licenced activity of the premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the Licenced activity. The Licensing Officer or designate shall give the applicant notice of the refusal to issue the licence applied for, in writing, said notice to be served personally or by mail to the applicant at the address shown on the application. 3.10 If the Licensing Officer deems that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the Licensing Officer may, for the time and on such conditions as considered appropriate, without a hearing, suspend a licence subject to providing the licensee with the reasons for the suspension, either orally or in writing and providing an opportunity to respond to them. If the Licensing Officer deems it necessary to suspend a licence for any other reason other than those listed above, then the licensee shall receive a sixty (60) day notice to comply with the requirements of the licence. If at the end of the sixty (60) day period the requirements have not been complied with then the licence shall be suspended at that time. 3.11 While any licence granted under this By-Law is suspended or cancelled, the licensee shall not exercise any right or privilege conferred by such licence and any such licensee attempting to exercise any right or privilege under such licence during such suspension or cancellation shall be liable to the same penalties and may be prosecuted in the same way as though such person had procured no such licence. 3.12 Notice of revocation of any Licence may be given by registered letter mailed to the address on the Licence and upon such mailing the Licence shall terminate. 3.13 Where the Licensing Officer refuses to issue a Licence, suspend or revokes a Licence under this By-Law, the applicant or Licensee may appeal this decision by filing with the Clerk or Designate, an appeal in writing, of the said decision within fifteen days of being notified of the decision. The Clerk or Designate shall provide the Licensing Appeal Committee with a report as to the status of the licence. 5 Page 175 of 333 3.14 Upon determination of the review hearing date, the Clerk or designate shall give notice in writing to the applicant or licensee, said notice to: (a) include a statement: (i) as to the time, date, place and purpose of the review hearing; and (ii) that, if the applicant does not attend the review hearing, the Licensing Appeal Committee shall proceed in the absence of the applicant or licensee and the applicant or licensee will not be entitled to any further notice. 3.15 The Licensing Appeal Committee shall be comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce. Upon receipt of an appeal from an applicant, the Committee shall hold a hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriate hearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licensing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licensee. 3.16 The Licensing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: (a) whether or not the applicant or Licensee and the premises, facilities, equipment, vehicles and other personal property used or kept for hire in connection with the carrying on of a business which is Licenced or which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law. (b) whether or not the applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law. (c) whether or not the applicant or Licensee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or the premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the Licenced activity. (d) whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public. (e) the fee payable in respect of the licence has not been paid. (f) the applicant is in default with respect to any financial or other obligation to the Town. Page 176 of 333 3.17 The decision of the Licensing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licensing Appeal Committee shall impose and shall be final. 3.18 Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (a) without a hearing; or (b) without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licensee has waived such hearing or compliance. 3.19 No Licence issued under the provisions of this By-Law shall be transferable and is only valid in respect of the person or of the premises named therein, except that where two or more persons carry on business in partnership in one location only one licence is required, unless such transfer is approved by the Clerk. 3.20 Every Licensee shall re-apply as set out in this By-Law one month prior to the expiry of the said Licence by filling out the appropriate application form. 4.0 NEW OR EXISTING BUSINESS (located within a commercial zone) and/or HOME OCCUPATION BUSINESS 4.1 Operation - without licence - prohibited No person shall carry on business within the Town of Tillsonburg without first having obtained a licence to do so. Such licence shall only be required when first operating on the specific location and no renewals shall be required. Change of location will require a new licence. The licence is a requirement of the business owner and not the landlord of the premises. 4.2 No person shall, by virtue of one licence, carry on business in more than one location without first obtaining a licence for that location. 4.3 No person shall change the location of their business without obtaining a licence for the new location. 4.3 No person shall transfer such licence to another person with whom they have sold or transferred ownership of their business. Each new business owner shall be required to obtain a new licence. 5.0 AUCTIONEER 5.1 Operation - without Licence prohibited No auctioneer or person shall operate, maintain or engage in the business, trade or occupation of an auctioneer within the Town without first having obtained an Auctioneer's Licence to do so. 5.2 No auctioneer or person shall sell or put up for sale goods, wares, merchandise or effects by auction within the Town without first having obtained an Auctioneer's Licence. 7 Page 177 of 333 5.3 No Auctioneer shall offer for sale or cause to be sold, goods, wares or merchandise brought into the Town of Tillsonburg for the purpose of disposing of them by auction sale, save and except: (a) livestock and/or agricultural implements or used household articles, furniture or effects, and (b) goods or chattels seized under an execution or detrained for rent, being offered for sale by a sheriff or bailiff, and (c) goods or wares sold for a charitable purpose. 5.4 No Auctioneer shall dispose of by public auction, the stock in trade of a merchant except for the purpose of closing out the business in which the owner has been engaged and, such sale may be conducted for one day for every year that the owner has carried on the same business continuously but in no case shall such sale exceed five (5) days and it is specifically provided that no goods, wares or merchandise shall be added to the stock of such owner for the purpose of sale by auction. 5.5 Every person who exercises the business, trade or occupation of an auctioneer shall, at the place of each auction, prominently display his or her Auctioneer's Licence, his or her name and business address and shall, on all public business, include such name and business address in the advertisement. 5.6 No auctioneer shall permit any disorder in his or her auction room or offices. 5.7 No auctioneer shall conduct or permit to be conducted any mock auction. 5.8 No auctioneer shall knowingly make or permit to be made any misrepresentation as to the nature, content, quantity or value of any goods, wares, merchandise or effects that may be offered for sale. 5.9 No auctioneer shall do anything that is calculated to, or which may reasonably have the effect of confusing a purchaser as to the amount paid for any article or articles. 5.10 No auctioneer shall avail himself or herself of the services of or act in concert with, persons known in the trade as "beaters", "boosters" or "shills" for the purpose of raising or stimulating bids. 5.11 No auctioneer shall sell or put up for sale by auction any goods, wares, merchandise or effects on a reserved bid basis without first advertising the fact of such a reserve bid prior to the auction and as well as announcing clearly to those in attendance at the auction the fact of such reserve bid. 5.12 Every person who exercises the business, trade or occupation of an auctioneer shall keep proper books of account of the business transacted by him or her as an auctioneer. The books shall give the names and addresses of the owner of the goods, wares, or merchandise to be sold, the description of the same, the price for which the same may be sold, the names and addresses of the persons purchasing such goods, wares or merchandise or any portion thereof, and the sale price, and the auctioneer shall, after the Page 178 of 333 sale of the same, or any portion thereof, account for the proceeds and pay the same to the person or persons entitled to such proceeds, less the auctioneer's proper and legal commission and charges. The auctioneer shall, in case no sale is made of such goods, on payment of his or her proper costs and charges, return such goods to the person or persons entitled to receive the same on proper demand being made thereof. 5.13 Every person/organization conducting an auction on behalf of a non-profit charitable organization or non-profit non-charitable organization must obtain a Daily Auction Licence. 6.0 VENDING/SALESPERSON 6.1 Operation - without Licence prohibited - for unprepared foods only No salesperson shall go from place to place or to a particular place within the Town of Tillsonburg, with goods, wares or merchandise for sale, or carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards without having first obtained a Licence from the Town of Tillsonburg. 6.2 Every owner/operator of a fruit and vegetable stand shall obtain a Licence for each location to sell local produce only. A fruit and vegetable stand may be permitted only in the Service Commercial (SC), Neighbourhood Commercial (NC) and Major Institutional (IN2) Zones, as defined in the Towns current Zoning By-Law. . 6.3 The applicant shall take out a separate Licence for each location where goods, wares, merchandise or local produce are sold from and the applicant shall operate only in the location set out in the Licence. 6.4 No vending/salesperson shall operate from a specific location without the written permission of the private property owner. 6.5 All mobile vending, fruit/vegetable owner/operators shall be prohibited to operate on any municipal owned lands except for where a special event permit has been issued by the Town. 6.6 No person/organization shall be required to obtain a Licence in accordance with section 6 if the goods, wares or merchandise are being sold on behalf of a non-profit charitable organization or a non-profit non-charitable organization. 6.7 No owner of a business, operating in the Town of Tillsonburg shall be required to obtain a Licence in accordance with Section 6; if the goods, wares, merchandise, and/or fruit and vegetables being sold are such that are offered for sale in the aforementioned business premise arid if such items are sold on the property owned/occupied by the said business. 6.8 In addition to the exemption set out in Section 6.10, every owner of a business mustcomply with the Town of Tillsonburg's Zoning By-law. Page 179 of 333 6.9 The provisions of this Section shall not apply to a salesperson who are operating in conjunction with any Council approved special event. 6.10 Every Mobile Vending Owner Operator shall provide the required parking as per the Town of Tlllsonburg's Zoning By-Law. 7.0 FOOD VE;NDING 7.0 Operation without Licence - prohibited - prepared food sales No person shall operate or maintain a mobile vending vehicle within the municipality without first obtaining a Licence to do so. Venders operating under a Special Occasion Permit shall be exempt from this By-Law. 7.1 Refreshment vehicles or refreshment stands may be permitted to operate only in the Service Commercial (SC), Neighbourhood Commercial (NC), Restricted Industrial (MR) and General Industrial (MG) Zones, as defined in the Town's Zoning By-law. 7.2 Notwithstanding Section 7.1, at the discretion of the Licensing Officer, refreshment vehicles or refreshment stands may be permitted to operate in an Institutional (IN1, IN2) Zone with a licence provided that the funds from the sale of the food are used for charitable purposes. 7.3 No person shall operate any refreshment vehicle or refreshment stand from any property except from a location or locations approved by the Licensing Officer and as listed on the licence for such refreshment vehicle or refreshment stand. 7.4 No person shall operate a refreshment vehicle or refreshment stand on any municipal property, which shall, for the purposes of this by-law, include, but not limited to, road allowances, municipal parks, parking lots, Community Centre and recreation facilities, except as described in Sections 7.5 and 7.6. 7.5 The operation of a refreshment vehicle or refreshment stand may be permitted without obtaining a licence in a municipal park or facility under the control of the Parks and Recreation Department during a special event/tournament for which a Parks & Recreation Services Rental Agreement or Special Events Planner has been obtained by a non-profit community association or charitable organization. 7.6 Licenced vendors who wish to operate at a Council sanctioned community event at a location outside the Central Commercial zone must obtain the express written permission of the event organizers, and provide a copy of such letter of permission to the Licensing Officer at least one (1) week in advance of the event. 7.7 No person shall operate a competing refreshment vehicle or refreshment stand within 8 metres (26 feet) of any other refreshment vehicle or refreshment stand or within 8 metres (26 feet) of the vehicular entrance to the property or in any location which will obstruct the flow of vehicles. 10 Page 180 of 333 7.8 No person shall operate a refreshment vehicle or refreshment stand within 150 metres (492 feet) of any other restaurant. 7.8.1 Notwithstanding Sections 7.8, the location of special fund raising events shall be at the discretion of the Licensing Officer. 7.9 Every person applying for a licence to permit the operation of a refreshment vehicle or refreshment stand who intends to operate from private property shall submit with the application a letter of permission with respect to the proposed use from the registered property owner or his authorized agent. 7.10 Notwithstanding anything in Section 7, the owner of a mobile lunch truck, which has the sole purpose of travelling from place to place to serve a number of private locations is permitted to serve his clients in any zone and shall not be required to provide letters of permission from the property owners. All policy or policies shall also contain a cross-liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town's issuance of the permit to use the designated area. 8.0 PAWNBROKER 8.1 Operation - without licence - prohibited No person shall carry on the business of a pawnbroker or second hand goods dealer within the limits of the Town without having first obtained a licence for such pawnbroker or second hand goods dealer as provided for in this By-Law. A second hand goods dealer does not included flew markets, second hand bookstores, second hand clothing stores or second hand car dealers. 8.2 No person shall, by virtue of one licence, carry on business as a pawnbroker or second hand goods dealer in more than one shop. 8.3 Any licence issued pursuant to the provisions of this By-Law shall be displayed in a conspicuous place in or on the premises where a pawnbroker or second hand goods dealer is carrying on the business of a pawnbroker or second hand goods dealer. 8.4 Where two or more persons carry on business as pawnbrokers or second hand goods dealer in partnership in the same shop, only one licence is necessary. 8.5 Any person requiring a new licence for a year following the date of expiry of any previous licence shall apply for the new licence in the same manner as any new applicant. 8.6 Every applicant for a pawnbroker or second hand goods dealer licence shall provide in full, at the time the application is submitted, all of the information requested on the application form as well as: (a) payment of the prescribed licence fee; and (b) in the case of a pawnbroker's licence, security in the amount of $2,000 to the 11 Page 181 of 333 municipality in a form satisfactory to the Treasurer (which security shall be maintained in effect for so long as the applicant holds a pawnbroker's licence); and (c) a current Criminal Records Check for all listed owners and managers; and (d) any other document or information requested by the Clerk or designate. 8.7 Every application will be subject to approvals from such municipal or provincial departments or agencies, as the Clerk deems necessary. 8.8 A licence issued under the provisions of this Chapter shall not be transferable and is valid only in respect of the person and the premises named therein. 8.9 No licence shall be issued to any person in respect of any premises in which the carrying on or operation of the trade, calling, business or occupation for which the application is being made is in contravention of any by-law of the Town. 8.10 Each licence granted under this By-Law shall be for one year from January 1 in the current year and expire on the 31st of December one year after issuance or sooner if the licence so indicates. 8.11 Applications for a renewal of a licence must be received by the Clerk or designate on or before the 31st day of December in the year preceding the year for which the current licence is intended to be renewed. 8.12 Every licensee shall notify the Clerk within seven days of any change in his/her business or home address. 8.13 Council may revoke any licence granted under this Chapter at any time if it deems it in the public interest to do so and, in such event, the licensee shall be given a refund of the licence fee proportionate to the unexpired term of the licence. 8.14 The per annum licence fee payable shall be in accordance with the current Rates & Fees By-Law for the Corporation of the Town of Tillsonburg. 8.16 Every person operating a pawn shop or second hand goods shop shall carry a minimum of $2,000,000 comprehensive general liability insurance and shall furnish proof of such coverage to the satisfaction of the Town prior to being licenced. 8.17 The Clerk may revoke any licence granted under this Chapter at any time if it deems it in the public interest to do so and, in such event, the licensee shall be given a refund of the licence fee proportionate to the unexpired term of the licence. 8.18 The Clerk or designate, in conjunction with the Chief of Police or designate shall not refuse to issue, suspend or revoke a pawnbrokers/second hand goods dealer licence to an applicant except where: (a) the past or current conduct of the applicant or licence holder afford reasonable grounds for belief that the pawnbroker/ second hand goods dealer is not carrying on or will not carry on the business of pawnbroker/second hand goods dealer in accordance with the law and with integrity and honesty; or (b) there is reasonable grounds for belief that the carrying on of the business of 12 Page 182 of 333 pawnbroker/second hand goods dealer in respect of the licence by the applicant or licence holder has or will result in a breach of this By-Law or any other applicable law; or (c) the applicant or licence holder is a corporation or partnership and its conduct or the conduct of its officers, directors, employees, agents or partners affords reasonable grounds for belief that the pawnbroker/second hand goods dealer business has or will not be carried on in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the licence is required do not comply with the provisions of this By-Law or any other applicable by-law; or (e) the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of pawnbroker/second hand goods dealer in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; or (f) the fee payable in respect of the licence has not been paid; or (g) the applicant is in default with respect to any financial or other obligation to the Town. 8.19 No person shall obstruct a person inspecting or withhold, destroy, conceal or refuse to furnish any information or thing required by a person inspecting for the purpose of this By-Law. 8.20 Issuance - rejected - cancelled - suspension - as per the General Provisions contained herein. 8.21 No licensee shall purchase, take in exchange or receive any second hand goods, article or thing from any person under the age of fourteen years of age without written authority from a parent or guardian of such person. 8.22 Every licensee shall ensure that a seller presents one piece of identification that is integrated with a photograph: (a) a valid driver's licence; (b) a passport issued by the government of origin; (c) a "Bring Your Identification" card issued by the Liquor Control Board of Ontario; (d) a certificate of Canadian Citizenship issued by the Government of Canada; (e) a Conditions Release Card issued by Correctional Services of Canada; or (f) a student card. 8.23 Every licensee shall ensure that prior to purchasing, taking a pledge, taking in exchange or taking on consignment any second hand goods, a record is made in a recording system approved by the Chief of Police or designate of: (a) the day, month, year and time of the transaction; (b) the full name, date of birth, and address of each seller; (c) the full particulars of the seller's identification; (d) a detailed description of each second hand good sufficient to identify it including, where applicable, make, model, serial numbers, markings, titles and any other identifying numbers, letters or designs; (e) the purchase or consignment price of each second hand good or a description of the item exchanged for it; and 13 Page 183 of 333 (f) the clearly marked name of the person conducting the transaction. 8.24 Every licensee shall, when requested by the Chief of Police or designate at any time during business hours, produce transaction records for inspection. If requested by the Chief of Police or a member of the Ontario Provincial Police Services every licensee shall permit the removal of any transaction record from the premises for the purpose of photocopying or for use in any court proceedings. 8.25 The Chief of Police or designate shall be authorized to inspect: (a) the portion of any premises being used for carrying on the business of a pawnbroker or second hand goods shop; and (b) any goods, wares, merchandise, records or other documents of or relating to a pawn shop or a second hand goods shop. 8.26 Any property found during an inspection that appears to have been improperly or illegally obtained, or is known to be stolen, or found to have been obtained by the seller or any other person through the commission of an offence against this By-Law or any provincial or federal statute, may be seized by the Chief of Police or designate for investigation, for use as evidence in court proceedings, or for return of the said property to its rightful owner without remuneration by the rightful owner, the Chief of Police or designate, the Town or its agents to the licensee. 8.27 In circumstances where the Chief of Police or designate suspects that specified second hand goods were stolen, a peace officer shall be entitled, upon providing a receipt, to remove such second hand goods for the purpose of criminal investigation provided such second hand goods are either returned within sixty days or further retained by means of a court order. REFUSAL - REVOCATION - SUSPENSION OF LICENCE 8.29 The Clerk shall notify the holder of a pawnbroker/second hand goods dealer licence by registered mail, when he/she has cause to believe on reasonable grounds that any of the information which an applicant or holder of a pawnbroker/second hand goods dealer licence is obliged to supply or has supplied is inaccurate that unless the inaccuracy, non- compliance or contravention is corrected within thirty days, the licence shall be revoked. 8.30 The Clerk shall notify the holder of a pawnbroker/second hand goods dealer licence by registered mail when he/she receives information that the pawnbroker/second hand goods dealer does not comply with all applicable requirements under a statute, regulation or by- law that, unless the inaccuracy, non-compliance or contravention is corrected within thirty days, the licence shall be revoked. 8.31 The Clerk shall notify the holder of a pawnbroker/second hand goods dealer licence when he/she has cause to believe that an order issued under the authority of a court with competent jurisdiction has been disobeyed by the holder of the pawnbroker/second hand goods dealer licence that, unless the inaccuracy, non-compliance or contravention is corrected within thirty days, the licence shall be revoked. 14 Page 184 of 333 8.32 Non-compliance - licence - revoked - notice - see General Provisions 8.33 Every person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty as provided in the Provincial Offences Act. Each day a violation of this By-Law continues shall constitute a separate and distinct offence under this By-Law. 9 FEE WAIVED 9.1 Non-profit community associations, charitable organizations, service clubs and other organizers of special fund-raising events carried on solely for the benefit of a particular charity or non-profit organization are not required to obtain a licence to operate any refreshment vehicle or refreshment stand and comply with the requirements of this by- law. The licence shall not be required and no fee charged provided that the person, organization, association or service club has completed the requirements contained in the facility contract or special events planner from the Parks & Recreation Services for the event and the applicant is directly responsible for the vending operation. 9.2 The Tillsonburg Business Improvement Area (BIA) and organizers of Town initiated events are not required to obtain a Business Licence to permit the operation of refreshment vehicles and refreshment stands from the downtown location and during outdoor events organized by the BIA or initiated by the Town. The BIA and Town initiated events are exempt from the provisions of this by-law however notification must be provided to the Clerk setting out the details and number of vendors attending the event. 9.3 The provisions of this by-law do not apply to the Tillsonburg Farmers Market held on Saturdays on Bridge Street at the Station Arts Centre. 9.4 Garage sales, second hand book sales, second hand clothing sales, fundraising events conducted by charitable or religious organizations shall be exempt from the provisions of this By-Law. 10 OFFENCE AND PENALTY 10.1 Every person who contravenes any provisions of this by-law or any director or officer of a corporation who concurs in such contravention by a corporation is guilty of an offence and, upon conviction, shall be liable to a fine as provided under the Provincial Offences Act, R.S.O. 1990, as amended from time to time. 11 WORD USAGE 11.1 As used in this by-law, words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 15 Page 185 of 333 11.2 The headings and subheadings used in this by-law shall not form part of the by-law, but shall be deemed to be inserted for convenience of reference only. 12 SEVERABILITY 12.1 Should any section or subsection of this by-law or any part or parts thereof be found by law to be illegal or beyond the power of the Council to enact, such section or subsection or part or parts thereof shall be deemed to be severable so that the remainder of this by- law is separate and therefore enacted as such. 13 CONFLICT WITH ANY OTHER BY-LAW 13.1 In the event of any conflict between any provisions of this by-law and any other by-law heretofore passed, the provisions of this by-law shall prevail. 14 EFFECTIVE DATE 14.1 This by-law shall come into force and take effect on the day it is passed. READ A FIRST AND SECOND TIME THIS 12 DAY OF November, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 26 DAY OF November, 2012. Maybr - Jybhn Lessif Clerk - Donna Wilson 16 Page 186 of 333 Report Title BIA Board of Management Additional Appointments Report No. CLK 19-12 Author Amelia Jaggard, Legislative Services Coordinator Meeting Type Council Meeting Council Date April 8, 2019 Attachments BIA Memo Page 1 / 1 9565010986,,,CLK 19-12 BIA Board of Management Additional AppointmentsCLK 19-12 BIA Board of Management Additional Appointments RECOMMENDATION THAT Council receives Report CLK 19-12 BIA Board of Management Additional Appointments; AND THAT By-Law 4289 to amend By-Law 4260, be brought forward for Council consideration. BACKGROUND Council will recall that at the January 28, 2019 Council meeting Council passed By-Law 4260, to appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA) established by the Corporation of the Town of Tillsonburg. DISCUSSION The Town has received a request to add an additional member to the Tillsonburg BIA. Carl Heutinck is the General Manager of Boston Pizza located at 102 Broadway and as such qualifies to join the Board of Management. The Memo from the BIA is attached for your reference. A by-law to appoint the additional members will be brought before Council for consideration. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government – providing for citizen engagement for municipal initiatives. Page 187 of 333 Page 188 of 333 Report Title Noise By-Law Report No. DCS 19-05 Author Dan Smukavich, By-Law Enforcement Officer Meeting Type Council Meeting Council Date April 8, 2019 Attachments - Current Noise By-Law 3002 - Proposed Noise By-Law 4255 RECOMMENDATION THAT Council receives Report DCS 19-05 Noise By-Law for information; AND THAT Noise By-Law 4255 to regulate noise in the Town of Tillsonburg be brought forward for Council consideration. EXECUTIVE SUMMARY The Town’s current Noise By-Law 3002 was last reviewed and adopted by Town of Tillsonburg Council in February 2002. The current by-law regulates noise within Town limits. Since this time the by-law has performed reasonably well, however, over time the by-law has become outdated, which has precipitated the need for this by-law update. Noise By-Law 3002, in its current state, has identified challenges with respect to its wording, making it potentially difficult to enforce. As with other by-law reviews, staff updated definitions, organization and layout of the by-law and in this case recommend providing provisions for temporary noise permits to be issued providing the applicant meets all requirements under the proposed noise by-law. BACKGROUND The changes proposed are a result of staff and documentation over the years that require additional detail for clarity and enforcement. During the by-law review process staff consulted and communicated with the Municipal Law Enforcement Officers’ Association of Ontario including other municipalities of similar size as well as larger municipalities that face virtually identical issues relating to the enforcement of noise by-laws. NOISE BY-LAW COMPLAINTS The principal purpose and intent of the Noise By-Law is to regulate noise that is likely to disturb the inhabitants of the Town of Tillsonburg. Staff report that the main complaints related to noise is of a general nature (loud music, television) followed by construction and power equipment noise. The following table provides an overview of the noise complaints that have been received by town staff and OPP from 2013-2017. Over the five years, the town receives and average of 189 noise complaints per calendar year. YEAR OPP BY-LAW TOTAL Page 189 of 333 2 CAO 2017 143 27 170 2016 119 25 144 2015 158 33 191 2014 184 29 213 2013 201 24 225 - 2018 statistics are not available at time of report from OPP. NOISE BY-LAW 4255 The following table provides a general overview and identifies the proposed noise By-Law improvements and changes. Item Changes Intent and Scope (Section 1) By-law 3002 does not have a stated intent and scope. The intent and scope is to regulate and control noise with the Town. Definitions and Interpretation (Section 2) By-law 3002 does not have any definitions and lacked clarity to deal with specific types of noise. General Prohibitions (Section 3) Inclusion of noises that would be deemed likely to disturb such as squealing tires, firearms discharge (police are exempt) persistent yelling and shouting as well as persistent barking and whining from domestic animals. Regulations by Time (Section 4) Current by-law lacks a clear layout of noise prohibitions. Noises are better defined in this section and include a table for easier reference and application. General Exemptions (Section 5) General exemptions are laid out clearly and include emergency vehicles, snow plowing, measures taken by the town and/or the County for maintaining and installing infrastructure and noise from town sanctioned events. Temporary Noise Exemptions (Section 6) Current by-law does not allow or provide a process for providing temporary noise exemptions. The process is laid out with applicants who are seeking relief from the by- law for 30 days or less are to submit a permit application to the CBO. Applications that are received that require more than 30 days of relief shall be required to make their application to council. All applications require a minimum of 21 days’ notice. Administration (Section 7) The current by-law does not lay out the administration of the by-law. The new by-law provides enforcement administration (police and by-law officers) as well as placing the requirements for an order to comply if one is deemed necessary to gain compliance from an offending party. Penalties (Section 8) This section is added to lay out the fine Page 190 of 333 3 CAO amounts that are subject to violations of the by-law. NOISE BY-LAW 4255 - SHORT FORM WORDING & FINES Following Council approval of Noise By-Law 4255, staff will seek to have short form wording Provincial offences fines set and approved by the Chief Justice of the Ontario Court of Justice (West Region). If approved, the proposed by-law would come into effect after the short form wording is approved. The proposed fines and short form wording for violations are noted in the table below. Bylaw 4255: Noise By-Law Part I Provincial Offences Act Set fine schedule Item Short form wording Provision creating or defining offence Set fine 1 Operate a vehicle causing tires to squeal. 3.3 (a) $250.00 2 Cause or permit noise from a horn, whistle, alarm, bell or gong. 3.3 (e) $250.00 3 Cause or permit noise from the discharge of a firearm. 3.3 (g) $250.00 4 Persistent yelling, shouting, hooting, whistling, singing or the like. 3.3 (h) $250.00 5 Permit noise from a domestic animal. 3.3 (i) $250.00 6 Permit or cause noise from an electronic device or musical instrument. 3.3 (j) $250.00 7 Cause or permit noise from a conveyance. 3.3 (k) $250.00 8 Cause or permit noise related to construction at a prohibited time. 4.2 (4) $250.00 9 Cause or permit noise from domestic works at a prohibited time. 4.2 (5) $250.00 Note: the general penalty provision for the offences listed above is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended CONSULTATION/COMMUNICATION During the by-law review process, staff consulted and communicated through the Municipal Law Enforcement Officers’ Association of Ontario including other municipalities of similar size as well as larger municipalities that face similar issues relating to the enforcement of noise by- laws. The following table provides some municipal comparable information: Page 191 of 333 4 CAO Noise By-Law Comparables Municipality Construction Noise Barking Dogs/Domestic Animal Noise Loud Music/TV Power Tools (Domestic) Tillsonburg (proposed By-Law 4255) Prohibited from 7PM-7AM Sundays and all Public Holidays- 7PM-9AM Prohibited at all times Prohibited at all times Prohibited from 9PM-7AM Sundays and all Public Holidays- 7PM-9AM Tillsonburg (current By-Law 3002) Prohibited from 6PM-7AM Sundays and all Public Holidays- 6PM-7AM Prohibited at all times Prohibited at all times Prohibited from 10PM-7AM Sundays and all Public Holidays- 10PM-9AM St. Thomas Quantitative Noise- NPC Publication 115 (decibel model) Not Included Prohibited at all times Quantitative Noise- NPC Publication 115 (decibel model) Woodstock Prohibited from 9PM-7AM Prohibited at all times Prohibited at all times Prohibited from 10PM- 7AM Collingwood Prohibited from 7PM-7AM Saturdays- 4PM- 8AM Prohibited- Sundays and Holidays Not included Prohibited from 9PM-8AM Sunday to Thursday 11PM-8AM Friday, Saturday and Holidays Prohibited from 7PM-7AM S/S/Holiday from 6PM-8AM Stratford Prohibited from 7PM-7AM Prohibited- Sundays and Holidays Prohibited at all times Prohibited from 11PM-7AM Monday to Thursday and from 12AM-7AM Friday and Saturday Prohibited- Sundays and Holidays Prohibited from 11PM-7AM Sundays to 9AM Town of Ingersoll Prohibited from 8PM-7AM Prohibited at all times Prohibited at all times Not Included Norfolk County Prohibited from 7PM-7AM Prohibited- 7PM-9AM Sundays and Holidays Prohibited at all times Prohibited at all times Prohibited from 9PM-7AM Prohibited- 9PM-9AM Sundays and Holidays Whitchurch- Stouffville Prohibited from 7PM-7AM Prohibited- Sundays and Holidays Not included Prohibited from 11PM-7AM Prohibited to 9AM Sundays and Holidays Prohibited from 9PM-7AM Prohibited- 9PM-9AM Sundays and Holidays Page 192 of 333 5 CAO Copies of the by-laws along with supporting material were made available for public consultation from January 28, 2019 to February 25, 2019 as per the Town’s public engagement policy. During this time, the draft by-law was posted on the Town website, advertised in the local paper, and a copy circulated directly to the OPP. Five inquiries/comments were received as a result of the public consultation and were explanatory and administrative in nature. These along with the provided communication from staff are listed below: 1. Inquiry related to car show gatherings and related amplified music that may be used for the event. These events have been hosted in the past without any know complaints. The proposed by-law would not be enforced any differently and therefore it is not expected to be a conflict. 2. Clarification of “such volume” – is this a decibel amount, how does one determine this and further how does the by-law offer determine this? The term “such volume” is within the definition of “noise” and is not a decibel amount. The determination of whether the noise level is deemed to be a violation is if it is found to be “clearly audible at a point of reception” as per Section 3.1, by the attending By- Law Officer or Police Officer and likely to disturb. Discretion would be used in determining a violation as some noise may be common society/living noise (ie. apartments/town house/shared wall accommodations, kids playing, etc. Based on the size of our municipality and the infrequent amount of noise complaints received on an annual basis, a decibel noise by-law model is not recommended. The main reason for this is that a decibel noise by-law model requires a professionally calibrated decibel reader (not an app on your phone) along with staff trained to measure/take noise readings. This model is very costly and is typically not justified based on the number of complaints received by smaller municipalities. A decibel reader model is geared more towards stationary sources of noise and a decibel model by-law is more common for larger cities such as the City of London. 3. “Persistent” – is this a certain length of time, again how does the by-law officer determine it has been persistent? “Persistent” would have to be interpreted by the attending officer and dealt with on a case by case basis. Factors that would have to be considered include the source of the noise and duration. The officer would have to articulate why the violation was deemed “persistent” and the onus would fall on the attending officer for such. By-Law staff are well trained in identifying legitimate and frivolous complaints along with mediating most inquiries/complaints to gain voluntary compliance. 4. Snowmobiles, ATV’s, dirt bikes etc. – if a complaint is logged about someone starting up their snowmobile etc. will this be in contravention of the by-law. The likelihood of someone complaining of someone starting a snowmobile/dirt bike/atv is miniscule. The complaints that are received in regard to off road vehicles are typically from those that tend to rev the engines at high RPMs. These conveyances are Page 193 of 333 6 CAO not subject to the same restrictions as motor vehicles under the Highway Traffic Act and as such, do not have the same baffles on their exhaust systems, which tend to make them loud. 5. OPP advised of no comments and/or concerns. Upon approval of the proposed By-Law, staff will update communication and promotional materials to inform and educate the public. FINANCIAL IMPACT/FUNDING SOURCE The cost to communicate and amend promotional materials for the public will be funded from the 2019 Protection budget. Following Council approval of this by-law, staff will seek to have short form Provincial offences fines set and approved by the court. The proposed fines are expected to generate some offset revenue when compliance cannot be obtained by other means. The anticipated amount of revenue is dependent on violation compliance and cannot be estimated at this time. COMMUNITY STRATEGIC PLAN IMPACT Objective 1 – Excellence in Local Government Page 194 of 333 7 CAO Report Approval Details Document Title: DCS 19-05 Noise By-Law.docx Attachments: - Proposed Noise By-Law 4255.docx - Noise By-Law 3002.pdf Final Approval Date: Mar 31, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Mar 31, 2019 - 12:55 PM Page 195 of 333 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4255 A BY-LAW to control noise in the Town of Tillsonburg, and to repeal by-law 3002. WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipal power shall be exercised by by-law; AND WHEREAS section 10(2) of the Municipal Act, 2001 authorizes the municipality to pass by- laws respecting certain matters, in particular subsections 5,6,8, and 9 authorize by-laws respecting the economic, social and environmental well-being of the municipality; the health, safety and well- being of persons; the protection of persons and property; and animals. AND WHEREAS section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become a public nuisances; AND WHEREAS in the opinion of Council for the Town of Tillsonburg, certain kinds of noise are or could become a public nuisance. NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1. SHORT TITLE This By-law and any amendments thereto shall be known as the “Noise By-Law.” 1.2. INTENT AND SCOPE The purpose of this By-law is to control and regulate noise within the corporate limits of the Town of Tillsonburg. 1.3. CONTENT OF BY-LAW All references in the By-law to sections, regulations, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. SECTION 2 DEFINITIONS AND INTERPRETATION 2.1. DEFINITIONS The terms set out below shall have the following meanings in this By-law: “ANIMAL CONTROL OFFICER” means any person designated or contracted as an Animal Control Officer by the Town of Tillsonburg. “AUTHORIZED EMERGENCY VEHICLE” means an ambulance, fire department vehicle, police vehicle, a snow plow, or any other vehicle operated by or for the Town of Tillsonburg or Oxford County. “BUILDING” means any permanent structure used or intended to be used for the shelter, accommodation or enclosure of persons, animals, or goods. “CHIEF BUILDING OFFICIAL” means the Chief Building Official of The Corporation of the Town of Tillsonburg. “CONSTRUCT” means to build and/or to permit to build or erect, alter, relocate or provide any material alteration and without limiting the generality of the foregoing shall be taken to include any work in preparation to construct, and constructed has a corresponding meaning and this excludes any “domestic works” as defined. “CONSTRUCTION EQUIPMENT” means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, hammers, saws, drills, augers, air compressors, pile drivers, pneumatic or by hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, generators, pavers, off highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment. Page 196 of 333 2 “CONVEYANCE” means a vehicle and any other device employed to transport a person or persons or goods from place to place and includes any vehicle or device if operated only within a specific premise. “COUNCIL” means the Municipal Council of the Corporation of the Town of Tillsonburg. “DOMESTIC WORKS” means any construction, maintenance, renovation or repairs being completed an owner to their own property. “HIGHWAY” includes a common or public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles. “LAW ENFORCEMENT OFFICER” means a Police Officer, a Provincial Offences Officer and Municipal Law Enforcement Officer. “MOTOR VEHICLE” means an automobile, a motorcycle, a motor assisted bicycle or any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways or other motor vehicles running upon only rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Ontario Highway Traffic Act. “NOISE” means any sound or vibration that is of such volume, level or nature that it is likely to disturb the inhabitants of the Town of Tillsonburg. “OWNER” means a registered owner of land, or any person in control of land, including a leasee or an occupant thereof. “PERSON” means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; and includes an owner. “POINT OF RECEPTION” means any point on the premises of a person, where noise or vibration is originating from other than those premises is received. “PREMISES” means land includes the buildings and/or structures thereon. “PUBLIC HOLIDAY” means New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. “TOWN” means the Corporation of the Town of Tillsonburg. SECTION 3 GENERAL PROHIBITIONS 3.1. No person shall make, cause, or permit to be caused noise likely to disturb any person which is clearly audible at a point of reception. 3.2. No person shall make, cause or permit to be caused noise that contravenes: a) An applicable Noise Pollution Control Publication of Ontario’s Ministry of the Environment, Conservation and Parks. b) A permission, such as a certificate of approval, under federal or provincial legislation. 3.3. For the purposes of this By-law and without limiting the generality of the forgoing, the following noises shall be deemed to be noises likely to disturb any person if clearly audible at a point of reception in the Town of Tillsonburg: a) The operation of a motor vehicle in such a way that tires squeal; b) The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in constant operation; c) The operation of an engine or motor in, or on, any vehicle or item of attached auxiliary equipment for a continuous period of more than five minutes while such vehicle is stationary unless: i) the continuous operation of the engine or motor is essential to the basic function of the vehicle or equipment; ii) weather conditions justify the use of heating or refrigerating systems powered Page 197 of 333 3 by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and the vehicle is stationary for the purposes of delivery or loading; d) The operation of an air conditioner, pool pump or filter, car wash air drying equipment, heat pump or the like that is not in proper working order; e) The use of a horn, whistle, alarm, bell, gong or the like, except for an auditory safety or warning device. f) The detonation of fireworks or any similar explosive device at any time other than that is specified as per the Town of Tillsonburg Fireworks By-law, as amended. g) The discharge of any firearms. h) Persistent yelling, shouting, hooting, whistling, singing or the like. i) Persistent barking, calling, whining or other similar persistent noise making by any domestic animal. j) Sound emanating from a radio, television, stereo, or other electronic device including any amplification device, or any musical or other sound producing instrument. k) The operation of a dirt-bike, all-terrain cycle, snowmobile, go-cart, dune buggy or like conveyance. SECTION 4 REGULATIONS BY TIME 4.1. No person shall make, cause or permit the emission of noise resulting from an act listed herein, which noise is clearly audible at a point of reception during a restricted time period. 4.2. Notwithstanding any other provision of this By-law, the following noises shall be deemed to be noises which are likely to disturb any person in the Town if they are clearly audible at a point of reception with the time period as shown: Description of Sound Time Restrictions 1. Persistent yelling, shouting, hooting, whistling, singing or the like. At all times 2. The discharge of firearms (except by police). At all times 3. Persistent barking, calling, whining or other similar persistent noise making by any domestic animal. At all times 4. The operation of any equipment in connection with construction. 7:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 5. The operation of any gas, battery, or electrical powered tool including a hammer, saw, nail gun, staple gun, drill, air compressor, generator, lawnmower, hedge trimmer, chainsaw, trimmer, leaf blower or the like for domestic works other than for snow removal. 9:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 6. The operation of waste collection machinery or refuse compacting equipment. 9:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 7. The operation of any powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on a property not owned or controlled by a railway governed by the Canada Railway Act. 9:00 p.m. to 7:00 a.m. 8. Loading, unloading, delivering, packing, unpacking, or otherwise handling any equipment, containers, products, materials, or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects. 9:00 p.m. to 7:00 a.m. SECTION 5 GENERAL EXEMPTIONS Page 198 of 333 4 This By-law does not apply to sound emitted, caused or permitted in connection with: a) Measures undertaken in the event of an emergency for the immediate health, safety, security or welfare of persons and animals within the Town; b) Measures undertaken in an emergency for the preservation or restoration of property; c) The operation of authorized emergency vehicles. d) The activities of snow plowing and/or removal. e) Measures undertaken by the Town or Oxford County where its employees, contractors, or agents are carrying out Town or Oxford County operations or operating, maintaining or installing municipally owned infrastructure and facilities. f) Sport, recreational events, parades, festivals, circuses, fairs, or entertainment activities approved by the Town. g) The lawful use and detonation of fireworks or similar explosive devices as per the Town of Tillsonburg Fireworks By-law, as amended. h) Non-emergency construction, reconstruction or repair of any county, provincial or federal public works including the construction, reconstruction or repair of a public highway provided the Town is given advanced written notice of the hours to be worked if outside the permitted construction hours. i) Operation of machinery by or on behalf of a public utility where work needs to be done on week-ends or overnight to minimize service interruptions. j) Law Enforcement Officer and Animal Control Officers while engaged in the course of their duties. SECTION 6 TEMPORARY NOISE PERMIT EXEMPTIONS 6.1. Application to Chief Building Official Notwithstanding anything contained in this By-law, any person may make application to the Chief Building Official or their designate for exemptions that do not exceed thirty days in length, to be granted an exemption from any of the provisions of this By-law with respect to any source of noise for which they might be prosecuted and the Chief Building Official or their designate, may refuse to grant any exemption or may grant the exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Chief Building Official or their designate see fit. The application for a temporary noise exemption is to be submitted a minimum of twenty-one days before the requested start date. 6.2. Application to Council Notwithstanding anything contained in this By-law, any person may make application to Council for exemptions exceeding thirty days in length, to be granted an exemption from any of the provisions of this By-law with respect to any source of noise for which they might be prosecuted and the Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council see fit. The application for a temporary noise exemption is to be submitted a minimum of twenty-one days before the requested start date. 6.3. Application for Exemption The application mentioned in Sections 6.1 and 6.2 shall be made in writing and shall contain all of the following: a) The name and address of the applicant; b) The name and information of a contact person, if other than applicant; c) The location of the event or activity for which the Temporary Noise Permit is sought; d) A description of the source of noise in respect of which the exemption is sought; e) A statement of the particular provision or provisions from which the exemption is sought; Page 199 of 333 5 f) The times of day, and period of time and duration for which the exemption is sought; g) The reasons why the exemption is necessary; h) A statement of the steps, if any, planned or presently being taken to minimize the noise; i) Written confirmation that all property owners within a five hundred metre radius of the point from which the noise will be emitted have been notified along with a copy of the public notice; j) A non-refundable application fee for exemption as set out in the Town’s current Rates and Fees By-law; and k) Any other item as requested by the Chief Building Official, their designate or Council which shall be deemed necessary in providing relevant information related to the temporary noise permit. 6.4. Decision for Exemption In deciding whether to grant the exemption, the Chief Building Official or designate or Council shall: (a) Consider any negative effects the issuance of the temporary noise permit may have on persons residing on neighbouring properties or on the Town; (b) Consider any benefits the issuance of the temporary noise permit may have for persons residing on neighbouring properties or for the Town; (c) Consider any previous violations of this By-law or predecessor by the owner or temporary noise permit conditions by the applicant; and (d) Consider anything that is reasonably relevant. 6.5. Conditions of Temporary Noise Permit The Chief Building Official or their designate or Council may impose conditions on a temporary noise permit, including but not limited to: (a) The type and volume of sounds that may be made; (b) The times during which sounds may be made and; (c) The date of expiry of the temporary noise permit. 6.6. Violation of Temporary Noise Permit Conditions Violation by the applicant or by any person under the applicant’s direction of any of the terms or conditions of the exemption granted by the Chief Building Official or their designate or Council shall render the temporary noise permit null and void. SECTION 7 ADMINISTRATION 7.1. Enforcement Authorization This by-law shall be enforced by Law Enforcement Officers. For the purpose of ensuring compliance with this By-law, Law Enforcement Officers may at all reasonable times enter upon and inspect any land to determine whether the following is being complied with: (a) The provisions of this by-law (b) An Order made under this by-law 7.2. Enforcement and Inspection A Law Enforcement Officer may, for the purpose of inspection: (a) Require the production for inspection of documents or things relevant to the inspection (b) Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts (c) Require information from any person concerning a matter related to the inspection (d) Alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection i) Any cost incurred from this will be at the owner’s expense. ii) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Law Enforcement Officer exercising a power or performing a duty under this by-law. 7.3. Order A Law Enforcement Officer may by written Order, sent by regular mail to the last known address (last revised tax assessment roll), posted on site or personally delivered to owner or owners of property, within the time specified in the Order to: (a) Discontinue the contravening activity, and/or (b) Do work to correct the contravention Page 200 of 333 6 7.4. Contents of the Order The Order will state: (a) the section that is in contravention of the by-law (b) the location/address of the contravention (c) reasonable particulars of the contravention (d) the work to be completed (e) the date by which the work must be completed 7.5. Failure to Comply with an Order Where an owner fails to comply with an Order, the Law Enforcement Officer may without any further notice, cause the work to correct the contravention be done at the owner’s expense. Without limitation, the Law Enforcement Officer may retain such persons to assist in completing the work as the Law Enforcement Officer determines appropriate. All costs incurred by the Town in relation to such work may be recovered by the Town by being added to the tax roll and collected in the same manner as property taxes. An administrative fee will also be added as per the Annual Rates and Fees By-law. If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court competent jurisdiction thereafter may make an Order, (a) prohibiting the continuation or repetition of the offence by the person convicted; and (b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate SECTION 8 PENALTIES 8.1. Contraventions The following applies to any person deemed to have contravened any provision of this by- law: (a) Every person who contravenes a provision of this By-law, including an order issued under this By-law, is guilty of an offence. (b) If an order has been issued under this By-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with. (c) Every person who is guilty of an offence under this By-law shall be subject to the following penalties: i) upon a first conviction, shall be liable to a fine of not more than $50,000; ii) upon second or subsequent conviction for the same offence, to a fine of not more than $100,000; iii) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000; iv) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of more than $10,000. The total of all fines for each included offence is not limited to $100,000. (d) For the purposes of this By-law, “multiple offence” means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law. (e) For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. SECTION 9 SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an Order to the contrary. SECTION 10 REPEAL Page 201 of 333 7 THAT By-Law No. 3002 is hereby repealed in its entirety. SECTION 11 EFFECTIVE DATE THAT this By-Law shall become effective upon the passing thereof and upon the approval of the set fines by the Regional Senior Justice of the Ontario Court of Justice. READ A FIST AND SECOND TIME this 8th day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED this 8th day of April, 2019 ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 202 of 333 Page 203 of 333 Page 204 of 333 Page 205 of 333 Page 206 of 333 Page 207 of 333 Report Title Community Improvement Plan Application – 165 Broadway Report No. DCS 19-06 Author Cephas Panschow Meeting Type Council Meeting Council Date APRIL 8, 2019 Attachments CIP Application Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 19-07 Community Improvement Plan Application – 165 Broadway; AND THAT the 165 Broadway property be approved for the Accessibility Renovation Grant in matching funds to a maximum contribution of $3,000. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to provide an Accessibility Renovation Grant to the owners of the 165 Broadway property. The owner plans to renovate their rear entrance to make it accessible by replacing their rear door with an accessible sized door and a push button operator. BACKGROUND The Town has received a Community Improvement Plan (CIP) application from the owner of the 165 Broadway property who are seeking grant funding to improve the rear entrance to their store. The intent of the Accessibility Renovation Grant is to provide funds to assist owners and tenants of existing commercial buildings, particularly older buildings in the Central Area, with accessibility improvements to improve the overall accessibility of the Central Area and commercial buildings throughout the Town. Grant can be used for the following types of projects: Power assist door operators Renovation of building entrances Upgrading of doors Installation of ramps Installation of elevating devices Renovations to create accessible washrooms Page 208 of 333 Page 2 / 4 In reviewing this application, staff believe that it meets the criteria of the program and are recommending that it be approved. Figure 1 – Photo of Rear Entrance CONSULTATION/COMMUNICATION The application has been submitted by an existing property owner in the community. The Community Improvement Plan was developed through extensive consultation and input from the Development Committee and the community. Page 209 of 333 Page 3 / 4 FINANCIAL IMPACT/FUNDING SOURCE The approved 2019 Economic Development & Marketing Budget includes $20,000 in funding for the Community Improvement Plan. No other applications have been received to date so if Council approves the $3,000 amount, there will be $17,000 in funds remaining in the budget. COMMUNITY STRATEGIC PLAN 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 210 of 333 Page 4 / 4 Report Approval Details Document Title: Report DCS 19-06 Community Improvement Plan Application - 165 Broadway.docx Attachments: - Application-165_Broadway-C.pdf Final Approval Date: Apr 2, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 1, 2019 - 11:22 AM David Calder - Apr 1, 2019 - 1:03 PM Donna Wilson - Apr 2, 2019 - 2:20 PM Page 211 of 333 Page 212 of 333 Page 213 of 333 Page 214 of 333 Page 215 of 333 Page 216 of 333 Page 217 of 333 Page 218 of 333 Report Title Additional Funding From Upper Orders Of Government Report No. FIN 19 - 08 Author Dave Rushton CPA CMA CEcD EcD Meeting Type Council Meeting Council Date April 8, 2019 Attachments Oxford County Wide Grants Page 1 / 4 Additional Funding From Upper Orders Of Government RECOMMENDATION That Council receives Report FIN 19 – 08 Additional Funding From Upper Orders Of Government for information, And that Council approves the Senior Leadership Team’s recommendations for disposition of funds from the upper orders of government. EXECUTIVE SUMMARY In the month of March, after the completion of Tillsonburg’s 2019 Budget deliberations the Federal and Provincial governments announced the award of new funding grants as well as new funding streams through application. This report will summarize these funds and provide some direction of where the funds can be used. OBJECTIVE Determine any short term or long term disposition of the various funds. BACKGROUND In December, the Province announced that it would be reducing the OMPF allocation to municipalities that was established when responsibilities were downloaded to the lower tiers from the Province. Our budget maintained the same level as in 2018. The Province lowered the funding across the Province but the Town’s allocation went up from $336,000 to $430,900 an increase of $94,900. The funds are used in the general operating revenue as part of the Finance Department. The Federal government announced that a surplus in gas tax funds of $2.2 billion would be distributed to municipalities. They chose to duplicate the 2018 level of funding for a one-time payment of $487,351 to Tillsonburg that was not in the Town’s 2019 Budget. These funds have been used to fund primarily road programs in the past however it can be used for a variety of infrastructure funding in Public Works, Transit and Recreation. The Provincial government announced a one-time payment to small and rural municipalities to “modernize service delivery and reduce future costs through investments in projects such as: Page 219 of 333 Page 2 / 4 CAO service delivery review, development of shared services agreements, and capital investments”. However, the grant is unconditional and can be used at Council’s direction. The amount of this grant is $622,976 and has already been received by the Town. There were two payments made under the Provincial Cannabis program one for those that opted in and one for all municipalities. Staff included one payment of $11,600 in the 2019 but an additional $9,482 has been received by the Town to use to offset the costs of dealing with cannabis use. The Town had put in an application for Transit to connect the area communities to the previous Provincial government. In June 2018, the message from the Province was that all programs were on hold and being reviewed. The Town did not hear anything more until the Province announced that the application for $1,457,732 was approved. This was not in the business plan and staff will need to develop a plan as the Province is expecting quick implementation of the plan. The Town had applied to the Province for work on Concession St. W. from Rolph to Charlotte for OCIF top up funding in the amount of 90% of $1.8 million. The Province has advised that this program is no longer available but the Town met the conditions of the program and should re- apply by April 15 to the Investing in Canada Infrastructure Program (ICIP). This program will see the cost of Town’s share go to about 18.5% from the former 10%. The Director of Operations will provide a more complete report on this grant application. FINANCIAL IMPACT/FUNDING SOURCE The Senior Leadership Team has discussed the needs of the Town in relationship to the extra funding available. The recommendations below are the result of these discussions. One-time funding from Federal Gas Tax and Province: $622,976 + $481,497 = $1,104,473 It was felt that regardless of the outcome of the Regional Review that both the Aquatic Facility and the Public Works Building need some Capital Works. As a result, the repair to the leaking roof at Public Works for $120,000 and the balance being reserved for the Aquatic Facility Improvements ($984,473) would be the SLT recommendation. OMPF and OCLIF funding: $94,900 + $9,482 = $104,382 As these are operational funding, SLT’s recommendation would be to use the Cannabis funding as well as OMPF funding to fund the position of Fire Prevention Officer. Cannabis facilities being proposed for the community require regular inspections per Health Canada requirements. This would use the $9,482 from OCLIF and $36,418 from OMPF to make up the $45,900 to fund this position for 6 months in 2019. The second item would be to use $16,000 of the OMPF fund to return the Beautification program to the same level of funding as in 2018. The third item is to do an ergonomic study in Public Works to deal with health and safety problems being incurred in that department for a cost of $10,000. Page 220 of 333 Page 3 / 4 CAO The fourth item is a Recreation, Culture and Parks service review as a cost of $40,000 with $32,482 funded by OMPF and the balance from the Asset Management Reserve. More detailed reports will be forthcoming to deal with the funding agreement with the Province for the Out Of Town Transit and its operational plan. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 221 of 333 Page 4 / 4 CAO Report Approval Details Document Title: Additional Funding From Upper Orders of Government.docx Attachments: - Oxford county wide grants 2019.xlsx - 2019 Capital Projects falling below funding level- summary.xlsx Final Approval Date: Apr 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 2, 2019 - 4:33 PM Page 222 of 333 2016 Year End Federal Gas Tax 2019 Gas Tax OMPF OCLIF OCIF Policing Recreation Ont Gas RED Transit Total Population Provincial Funding Gas Tax 2019 & 2020 One Time Formula Tax Intercommunity Oxford County 110862 725,000$ 3,363,136$ Woodstock 40902 291,719 1,240,813 Tillsonburg 15872 622,976 481,497 487,351$ 430,900$ 21,082$ 222,386$ 72,800$ 63,800$ 58,300$ 15,000$ 1,457,732$ 3,933,824$ Ingersoll 12757 622,976 386,999 Norwich 11001 596,218 333,729 Zorra 8138 581,087 246,876 SWOX 7664 574,590 232,497 Blandford-Blenheim 7399 569,000 224,458 E Zorra-Tavistock 7129 567,630 216,267 Tillsonburg 2019 Budget 0 481,500 - 336,000 11,600 222,400 72,800 63,800 58,300 15,000 - 1,261,400 172,400 amp 42,700 seniors 25,000 OSIM 17,900 Museum 25,000 RCP FCA 3,200 celebrate canada Funds not in budget 622,976$ 3-$ 487,351$ 94,900$ 9,482$ 14-$ -$ -$ -$ -$ 1,457,732$ 2,672,424$ Page 223 of 333 Project Removed by Council Additions by Council Cost Project Cost Project Cost Capital 120 CSC X47 Business Licensing Module Implementation 10,000 130 Fleet X40 Replace #37 F250 Pickup Truck 85,000 X41 Replace # 115 Lazerline 3900 Line Striper 20,000 X43 Replace # 87 310 Backhoe 195,000 150 Fire X30 Next Generation 911- Reserve Contribution 20,000 X31 Truck & Trailer for Tech Rescue 1 9,000 160 Police 165 Vistor Parking Lot 28,500 210 Engineering X21 Gibson Pedestrian Bridge Replacement 200,000 240 Airport 492 Northerly Extnsn of Taxiway G3 55,000 300 Cem X70 CEM - Scattering Garden Implementation 99,200 450 Parks X57 PKS - Irrigation at Oxford Parkette 7,000 X62 PKS - Kiwanis Diamond shade & shed structure 50,000 X64 PKS - DIamond rehab - Hardball/Kiwanis/Optimist 90,000 460 Rec - Programs X61 LLWP - replacement tables and umbrellas 25,000 465 Rec - Bldg Mtce X60 TCC - Sloped Roof 1 - Restoration (pool)120,000 X68 TCC - Security Gate to secure Aud Lobby 10,000 X69 LLWP - Waterpark renos not completed in 2018 221,000 X74 TCC - Re-key external and internal doors 20,000 X77 CSC - FCA scheduled work 105,000 X82 FAC - Annual Physical Security Upgrades 15,000 X85 TCC/Parks - Used Genie Boom Lift 25,000 X89 CT - Clock Tower Electrical and Lighting Upgrade 10,000 X90 LLWP - Water Slide Replacement 275,000 X92 Station Arst Building & Fire Code Compliance - Project Scope reduced 129,900 X93 SP - Summer Place Interior Repairs 40,000 40,000 X94 SP Summer Place Mould Abatement 25,000 X95 PW - Roof Restoration 120,000 X97 TCC/Corp/ANHS - Auditory Accessibility Enhancements 75,000 75,000 X98 SP Summer Place Roof Replacement 70,300 420 Summer Place Demolition 60,400 475 Museum X56 ANHS - Irrigation for gardens and lawn 12,000 X80 ANHS - Update Museum Program Room Kitchen 25,000 X99 ANHS - Culture & Heritage Master Plan - Phase I 50,000 Total Capital 1,824,000 374,400 218,900 C:\Program Files\eSCRIBE\TEMP\9321335956\9321335956,,,2019 Capital Projects falling below funding level- summary 4/3/2019 Page 224 of 333 Report Title Airport Building Permits Report No. OPS 19-01 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date January 28, 2019 Attachments • Town Solicitor Letter Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 19-01 Airport Building Permits; AND THAT Council direct staff to develop an Airport Development Manual to support the administration of development activity at the Airport entirely in-house. BACKGROUND At the Regular Council meeting of December 10th 2018 the following direction was provided to staff: “THAT the Delegation regarding Tillsonburg Airport Development be received; AND THAT the matter be referred to staff for a report back to Council which shall include the following: A legal interpretation of Federal Aviation Rules with regards to the authority to issue building permits – South-West Oxford or Tillsonburg no later than the January 28, 2019 Council meeting; A new business model incorporating a flight school instructor/manager model be investigated; A risk assessment for the general public accessing the airport; AND THAT the following be added to the 2019 budget deliberations for consideration: The extension of the 25ft x 230ft taxiway; Commercial taxiway repairs; and Testing of the load capacity of hydro.” This Report looks to address the first item in the above Resolution. The other matters will be addressed at a later date or through the 2019 budget process. Page 225 of 333 Page 2 / 2 SUMMARY The historical practice has been that the potential Hangar Applicant would verbally indicate intent and work with staff to identify an agreeable location to construct a new hangar. Staff would then prepare a land lease agreement for the potential Hanger Applicant review and signature and a report for Council consideration. At the same time the potential Hangar Applicant would obtain a building permit from South-West Oxford. CONSULTATION/COMMUNICATION A letter from the Towns Solicitor entitled ‘Airport Building Regulations’ is attached for Council’s information and indicates that neither the Township of South-West Oxford nor the Town of Tillsonburg has the authority to require building permits or require buildings be constructed to the standard required by the provincial Ontario Building Code (OBC). However, legal opinion advises that since the Airport is owned by the Town of Tillsonburg that building construction be regulated on a contractual basis. Therefore, staff recommend that the OBC standard of construction and associated building permit process be followed as a best practice in order to ensure building construction or modifications are completed to an approved standard and that the OBC requirement be included in all new land lease agreements or amendments. Furthermore staff recommend that an Airport Development Manual be developed in order to provide a clear and streamlined process that would allow for the efficient review, approval and issuance of building permits with all being administered in-house by Town staff (i.e. similar to the site plan application and ensuing building permit/construction process). FINANCIAL IMPACT/FUNDING SOURCE Administering the entire development process (application through to building permit/construction inspection) at the Airport in-house will increase the requirement on inter- departmental staff time which should be recovered at some level through a new Application and Inspection fee within the Rates & Fees By-law. COMMUNITY STRATEGIC PLAN The development and implementation of an Airport Development Manual supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing a streamlined process for existing and new business opportunities at the Airport. Page 226 of 333 Page 227 of 333 Page 228 of 333 Page 229 of 333 Page 230 of 333 Page 231 of 333 Page 232 of 333 Page 233 of 333 Page 234 of 333 Page 235 of 333 Page 236 of 333 Page 237 of 333 Page 238 of 333 Page 239 of 333 Page 240 of 333 Page 241 of 333 Page 242 of 333 Page 243 of 333 Page 244 of 333 Page 245 of 333 Page 246 of 333 Page 247 of 333 Page 248 of 333 Page 249 of 333 Page 250 of 333 Page 251 of 333 Page 252 of 333 Page 253 of 333 Page 254 of 333 Page 255 of 333 Report Title Results for Tender RFT2019-008 Bradburn Area Reconstruction Stage 2 of 2 Report No. OPS 19-07 Author Shayne Reitsma, Manager of Engineering Meeting Type Council Meeting Council Date April 8, 2019 Attachments None Page 1 / 5 RECOMMENDATION THAT Council receive Report OPS 19-07, Results for Tender RFT2019-004 Bradburn Area Reconstruction Stage 2 of 2; AND THAT Council award Tender RFT2019-004 to Elgin Construction of St. Thomas, ON at a cost of $673,902.02 (net HST included), the lowest bid received satisfying all Tender requirements; SUMMARY Tenders were called for the Bradburn Area Stage 2 of 2 Reconstruction project of James Avenue West (between Brad Avenue and Quarter Town Line), James Avenue East (for a length of approximately 100m east of Quarter Town Line), Hilldrop Crescent (between Woodside Drive and James Avenue), and Fairview Avenue (for a length of approximately 100m east of Quarter Town line) as shown in Figure 1. There were twenty-three (23) plan takers and a total of six (6) bids were received on March 29th 2019, with the lowest bid from Elgin Contracting at $673,902.018 (net HST included). The reconstruction of James Avenue, Fairview Avenue and Hilldrop Crescent will involve the rehabilitation and construction of storm sewers and catch basins, new watermain, accessible sidewalks, partial granular replacement, asphalt road surface paving including curb and gutter as well as any required boulevard and driveway restoration. The tender was advertised on the Town of Tillsonburg website, the Tillsonburg News, ESolutions and Biddingo. Results of the tender are summarized as follows: Bidder Location Bid Amount 1. Elgin Construction St. Thomas, Ontario $673,902.02 2. Euro Ex Construction Woodstock, Ontario $699,009.48 3. 291 Construction Ltd Dorchester, Ontario $774,669.06 4. CH Excavating (2013) London, Ontario $845,005.87 5. Oxford Civil Group Inc. Woodstock, Ontario $877,242.12 6. Blue-Con Construction London, ON $879,697.37 The above bids include net HST of 1.76%. Page 256 of 333 Page 2 / 5 The lowest bid amount is comprised of $246,524.22 County and $427,377.78 Town costs. The bids also include a $50,000 contingency allowance for any unforeseen expenses encountered during construction. CONSULTATION/COMMUNICATION An information letter was hand delivered to residents on March 14th 2019, advising of the reconstruction project, and that the drawing set was available for public viewing at the Town of Tillsonburg Corporate Office between regular business hours of 8:00 AM to 4:00 PM from March 14th to April 5th,2019. Staff discussed the scope of work with a number of residents on-site and received two (2) follow-up requests for information mainly related to construction timing, impact to driveways, and lot drainage. Any planned full roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to affected residents in advance. Residents in the construction area will also be notified of the overall construction schedule and potential impacts prior to and during the course of construction, as necessary. FINANCIAL IMPACT/FUNDING SOURCE The Town’s portion of contracted items is $427,377.78 (net HST) plus an additional $51,976.44 (net HST) in required utility make-ready work (i.e. Hydro One, Tillsonburg Hydro, Rogers) is within the 2019 capital budget of $490,000 funded by debenture. The total tendered price for the County’s portion of contract items is $246,524.22 (net HST). COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 257 of 333 Page 3 / 5 Figure 1 - Bradburn Reconstruction Area Stage 2 of 2 Page 258 of 333 Page 4 / 5 Page 259 of 333 Page 5 / 5 Report Approval Details Document Title: OPS 19-07 Results for Tender RFT 2019-004 Bradburn Area Reconstruction Stage 2 of 2.docx Attachments: Final Approval Date: Apr 2, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 2, 2019 - 10:17 AM David Calder - Apr 2, 2019 - 4:28 PM Donna Wilson - Apr 2, 2019 - 4:55 PM Page 260 of 333 Report Title 2019 ICIP – Rural and Northern Funding Stream Application Report No. OPS 19-08 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date April 8, 2019 Attachments Ministry of Infrastructure Letter ICIP Rural and Northern Stream Application Page 1 / 4 RECOMMENDATION THAT Council receive Report OPS 19-08 2019 ICIP – Rural and Northern Funding Stream Application; AND THAT Council reaffirms the Concession Street West Reconstruction as the designated project for the ICIP – Rural and Northern Communities Funding Stream; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. BACKGROUND The Ministry of Infrastructure has advised that the 2018 OCIF Top-Up Application program has been cancelled, but that road and bridge projects were still reviewed based on the OCIF program criteria which identified that Tillsonburg’s project would have been successful under the program (attached). The Province has now launched the Investing in Canada Infrastructure Program (ICIP) in concert with the Federal Government that will provide $30 billion in combined federal and provincial funding over the next 10 years to support public transit, green infrastructure, community culture and recreation, and rural and northern infrastructure investments. The Rural and Northern Communities Stream looks to support projects that improve the quality of life in rural and northern communities by responding to rural and northern infrastructure priorities. Approximately $250 million in federal funding will be available over the 10 year program with the province rolling-out funding through multiple intakes. The current intake is targeting near-term transportation improvement projects with future intakes prioritizing other federal and provincial priorities. Based on Tillsonburg’s proposal under the 2018 OCIF application intake the Ministry of Infrastructure has provided the Town an opportunity to submit an accelerated application for federal and provincial funding under the Rural and Northern stream of the ICIP program. In order to be eligible for accelerated nomination under this stream the Town’s application has been updated to meet federal program assessment requirements and must be re-submitted by April 15th 2019. Page 261 of 333 Page 2 / 4 SUMMARY The Concession St. W. Reconstruction project limits as shown in Figure 1 is between Rolph St. and Charlotte Ave. The proposed work involves the complete reconstruction of the pavement structure including new barrier curb and gutter with sidewalks and storm drainage improvements The 2019 ICIP – Rural and Northern Funding Stream application for the reconstruction of Concession St. W. from Rolph St. to Charlotte Ave. is attached. Based on the March 28th 2019 Accelerated ICIP Application Webinar, confirmation regarding provincial nomination is anticipated to be completed in May 2019 with notification by the Federal Government of project approval in Spring 2019. Should funding be approved based on these timelines the detailed engineering design would be carried out during the remainder of 2019 with the proposed construction works to be undertaken during the 2020 construction season. CONSULTATION/COMMUNICATION Staff have reviewed the program guidelines, participated in available webinars, and have been in direct continuous contact with Ministry staff regarding our project file. FINANCIAL IMPACT/FUNDING SOURCE Under the ICIP – Rural and Northern funding stream stormwater asset costs are no longer eligible compared to the previous OCIF Top-Up program. Additionally the OCIF program provided 90% funding of project eligible costs whereas the ICIP – Rural and Northern funding provides a cost sharing model of 50% Federal, 33.33% Provincial, and 16.67% Municipal. Should Tillsonburg be successful based on the updated ICIP – Rural and Northern funding application, the Town would need to provide funding in the amount of $18,400 in 2019 for engineering design work and $481,900 in 2020 to cover the 16.67% ($244,100) in road reconstruction works and 100% ($237,800) of the stormwater asset works. COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 262 of 333 Page 3 / 4 Page 263 of 333 Page 4 / 4 Report Approval Details Document Title: OPS 19-08 2019 ICIP - Rural and Northern Stream Funding Application.docx Attachments: - OPS 19-08 Attachment 1 - Ministry of Infrastructure Letter.pdf - OPS 19-08 Attachment 2 - ICIP Rural and Northern Funding Stream Application.pdf Final Approval Date: Apr 2, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 2, 2019 - 9:56 AM David Calder - Apr 2, 2019 - 4:26 PM Donna Wilson - Apr 2, 2019 - 4:55 PM Page 264 of 333 1 Ministry of Infrastructure Infrastructure Policy Division 777 Bay Street, 4th Floor, Suite 425 Toronto, Ontario M5G 2E5 Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4th Floor NW Guelph, Ontario N1G 4Y2 March 14, 2019 Dear CAO/Clerk/Treasurer: We are writing to provide you with an update on the Ontario Community Infrastructure Fund (OCIF) and new opportunities to access federal and provincial infrastructure funding under the Investing in Canada Infrastructure Program (ICIP). Firstly, we are pleased to confirm your municipality’s eligibility for the OCIF 2019 Formula-Based Component and provide you with the enclosed Revised Allocation Notice. The notice confirms the previously-proposed 2019 allocation for your community. We would also like to take this opportunity to remind you of the steps required to close-out your 2018 Formula Funding. A 2018 Annual Financial Overview will be provided to you shortly, along with an Annual Financial Report (AFR) template for you to complete. In the AFR you will be required to confirm details of projects in progress or recently completed, report on any transfers (in or out) for joint projects with other eligible OCIF recipients, indicate the amount of interest earned on formula funds, and confirm any amounts that will be carried forward to 2019. Detailed instructions will be provided when the forms are sent to you. As your Revised Allocation Notice is being sent out later than normal, the timing of reports as noted in the Contribution Agreement (CA) under Section I2.1 will be revised for this year. The 2018 AFR should be provided by May 31, 2019 and the Project Information Reports required to substantiate the 2019 allocation should be provided by June 30, 2019. Any questions regarding this timing should be sent to OCIF@ontario.ca. Failure to complete these reporting requirements and any other requirements included in your CA by the noted deadlines could impact your ability to receive formula payments in 2019 and beyond. As you know, the government is making every effort to restore fiscal balance to the Province. We are using the Province’s recent line-by-line review to make all government spending more effective and reduce Ontario’s fiscal burden. Based on this review, the province will be updating the design of OCIF, including the formula and application streams, to make sure funding is targeted to where it is needed most. In the meantime, proposed formula- based allocations for 2020 and 2021 cannot be confirmed. This means that the previously-proposed allocations for 2020 are subject to change pending the outcome of the program update. In addition, we are cancelling the top-up application intake that closed in August of 2018 as well as the 2019 top-up application intake. We will work with our municipal partners to ensure that the refined OCIF program supports efficiency and value-for-money while helping to address municipal critical infrastructure needs. Page 265 of 333 2 Although the government will not be proceeding with the 2018 Top-Up Application Component, road and bridge projects were still reviewed and evaluated based on the criteria outlined in the OCIF program guidelines. Our multi-ministry assessment team identified that your project would have been successful under the program. As you may know, the Province is launching the Investing in Canada Infrastructure Program (ICIP) in Ontario on March 18, 2019. ICIP is a ten-year program, which will commit up to $30 billion in combined federal and provincial funding to support public transit, green infrastructure, community, culture and recreation, and rural and northern infrastructure investments. We are pleased to provide you with an opportunity to submit an accelerated application for federal and provincial funding under the Rural and Northern stream of the ICIP based on your proposal under the 2018 OCIF application intake. While we are offering you this opportunity based on the details of your OCIF application, your proposal may need to be re-scoped to meet federal program requirements, as the program has a different submission, assessment and approvals process. Note that if contracts have already been awarded for components of your project, those components would no longer be eligible for funding. Additionally, projects costs that are ineligible under the federal guidelines for ICIP will need to be removed, and under the Rural and Northern program guidelines total project costs are capped at $5 million. Per federal requirements under the Rural and Northern stream, projects will be cost shared for a community of your size at a ratio of 50% federal contribution, 33.33% provincial contribution, and 16.67% municipal contribution. Applications for the Rural and Northern stream will open on March 18, 2019. In order to be eligible for accelerated nomination under this stream, we require that you submit your application by April 15, 2019, 11:59 pm EST. Should you fail to submit your application by this date, your application will be moved from the accelerated pool to the broader Rural and Northern intake. Should your municipality provide the necessary information to move this project forward for nomination to the federal government, it is anticipated that projects previously planned for the 2019 construction season may continue to proceed on this timeline. More information about ICIP, can be can be found at: http://www.grants.gov.on.ca/GrantsPortal/en, by clicking on Grant Opportunities. Details on ICIP will be available starting on March 18, 2019. Should you have any additional questions, please do not hesitate to contact your OCIF Project Analyst at OCIF@ontario.ca or by calling 1-877-424-1300. We look forward to working with you to help address the infrastructure needs of your municipality, while maximizing federal infrastructure funding available to Ontario and its municipalities. Sincerely, Julia Danos Carolyn Hamilton Director, Intergovernmental Policy Branch Director, Rural Programs Branch Infrastructure Policy Division Economic Development Division Ministry of Infrastructure Ministry of Agriculture, Food and Rural Affairs 416-212-8757 519-826-3419 julia.danos@ontario.ca carolyn.hamilton@ontario.ca Page 266 of 333 1 Ontario Community Infrastructure Fund (OCIF) Formula-Based Component Revised Allocation Notice Ministry of Infrastructure Ministry of Agriculture, Food and Rural Affairs Town of Tillsonburg March 2019 Disponible en français Page 267 of 333 2 Ontario Community Infrastructure Fund (OCIF) Formula-Based Component- Revised Allocation Notice Town of Tillsonburg This revised allocation notice is to inform you of your 2019 Ontario Community Infrastructure Fund formula allocation. Formula-Based Funding Allocation Your community’s formula-based allocation of funding under the Ontario Community Infrastructure Fund for 2019 is as follows: 2019 formula allocation $222,386 Terms and Conditions Receipt of formula allocations are conditional upon compliance with all of the terms and conditions of your existing OCIF formula-based funding agreement. The Province reserves the right to adjust or terminate any allocations contained in this notice, without consent or notice, to account for changes in a municipality`s situation, the OCIF program guidelines, or other parameters or administrative procedures. Payment Schedule The Province proposes to make payments in accordance with the following schedule: Allocations of $150,000 or less will be provided in one payment Allocations greater than $150,000 but less than $1 million will be provided through up to 6 payments; and Allocations greater than $1 million will be provided through up to 12 payments. As 2019 allocations were confirmed in March, payments which would have normally been made in January through to April will be made in May and then will return to the regular payment schedule. Page 268 of 333 Page 269 of 333 Page 270 of 333 Page 271 of 333 Page 272 of 333 Page 273 of 333 Page 274 of 333 Page 275 of 333 Page 276 of 333 Page 277 of 333 Page 278 of 333 Page 279 of 333 Page 280 of 333 Page 281 of 333 Page 282 of 333 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Dianne MacKeigan, Rosemary Dean, Sherry Hamilton, Amelia Jaggard, Donna Wilson MEMBERS ABSENT/REGRETS Chris Rosehart 1. Call to Order The meeting was called to order at 3:00 pm 2. Adoption of Agenda Moved By- Bob Marsden Seconded By- Dianne MacKeigan Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of February 28, 2019 be adopted as circulated Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of December 20, 2018 Minutes of previous meeting were handed out for information purposes. 5. Delegations and Presentations-none 6. General Business & Reports 6.1. Orientation- Introductions were made and committee handbooks were distributed. 6.2. Election of Chair and Vice Chair-Bob Marsden was elected as chair and Marianne Sandham as vice chair. Secretary will be Dianne MacKeigan. The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, February 28, 2019 3:00 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES Page 283 of 333 6.3. Summary of Previous committee initiatives-New members were made aware of our role. 6.4. Meeting location, dates and times-The committee will meet on the fourth Thursday of each month at 4:30 pm at the museum. 6.5. Terms of Reference-will be considered at our next meeting 6.6. Set Goals- will be considered at our next meeting. 6.7. Curator’s Report-was circulated for information 7.Correspondence- none 8.Other Business-none 9.Next meeting- Thursday March 28, 2019 11.Adjournment Moved by Dianne MacKeigan Proposed Resolution #2 THAT the museum advisory committee meeting be adjourned at 4:30 pm Page 284 of 333 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Dianne MacKeigan, Rosemary Dean, Sherry Hamilton, MEMBERS ABSENT/REGRETS Chris Rosehart / Joan Weston 1. Call to Order The meeting was called to order at 4:30 pm 2. Adoption of Agenda Moved By- Marianne Sandham Seconded By- Rosemary Dean Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of March 28, 2019 be adopted with the addition of 8.3 Eaves Troughs under new business. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of February 28, 2018 Moved By- Sherry Hamilton Seconded By- Marianne Sandham Proposed Resolution #2 THAT the minutes of the meeting for the Museum Advisory Committee meeting of February 28, 2019 be adopted as circulated. Carried 5. Delegations and Presentations-none 6.General Business & Reports The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, March 28, 2019 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES Page 285 of 333 6.1. Financial- There is a balance of $133 465.36 in the Annandale House Trust account. 6.2. Tour Guides-nothing to report 6.3. Curator- The curator’s report was circulated and discussed and is attached. Moved By-Marianne Sandham Seconded By-Rosemary Dean Proposed Resolution #3 THAT the reports be accepted as discussed. Carried 7.Correspondence- none 8.Other Business 8.1. Budget-the 2019 budget has been passed and is available to look at on the town’s web site. 8.2. Regional Government Review-Members were made aware of the province’s intent to review local regional governments with a view to possible amalgamation and the implications this might have for us. Members were made aware of the government web site that they might use to provide input in the process. 8.3. Eaves Troughs- Damage to the eaves trough in the loading dock area has been assessed with a view to necessary repairs being made. 9.Next meeting- Thursday April 25, 2019 11.Adjournment Moved By- Sherry Hamilton Proposed Resolution #4 THAT the museum advisory committee meeting be adjourned at 5:22 pm Page 286 of 333 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee March 19, 2019 10:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: David Brown, Sherry Hamilton, Kathryn Leatherland, Pete Luciani, Mayor Stephen Molnar, Lynn Temoin, Carolijn Verbakel, John Verbakel Absent with Regrets: Cindy Allen Also Present: David Calder, Chief Administrative Officer Kevin De Leebeeck, Director of Operations Amelia Jaggard, Legislative Services Coordinator Adam Hamilton and Edmund Burt, BTS Network 1. Call to Order The meeting was called to order at 10:01 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Kathryn Leatherland Seconded by: Pete Luciani THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of March 19, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Pete Luciani Seconded by: Carolijn Verbakel THAT the minutes of the Tillsonburg Transit Advisory Committee dated February 14, 2019, be approved. Carried. Page 287 of 333 Committee: Tillsonburg Transit Advisory Committee Page - 2 - of 4 Date: March 19, 2019 5. Presentations/Deputations 5.1. Representative from BTS Network – TGO Operational Observations (Attached) Adam Hamilton and Edmund Burt were in attendance and provided an overview of operational observations since taking on the TGO contract in August of 2018. They confirmed that the large TGO logo will be added to the back window of the bus as requested by the committee. Mayor Molnar left at 10:45 a.m. Adam Hamilton and Edmund Burt left at 11:00 a.m. 6. General Business & Reports 6.1. Unfinished Business 6.1.1. Meeting dates and time Motion Moved by: Lynn Temoin Seconded by: David Brown THAT the Tillsonburg Transit Advisory Committee meet the third Tuesday of each month at 10:00 a.m. at the Corporate Office in Suite 203. Carried 6.1.2. Terms of Reference (Attached) Staff to remove Section 1.2 from the Terms of Reference. David Brown informed the committee he has a proposal for new bus routes. Kevin De Leebeeck will meet with David Brown prior to the next meeting to discuss his proposal which will be presented at the next meeting. Motion Moved by: David Brown Seconded by: Pete Luciani THAT the Terms of Reference for the Tillsonburg Transit Advisory Committee be amended under section 1 to include advising and assisting with the development of the intercommunity transit system. Carried. 6.2.3. Set Goals: Review the “Business Plan 2018-2019” document. Review the operational feedback from the BTS Network and determine how to address the concerns raised. Adam Hamilton and Kevin De Leebeeck are collaborating on new bus routes including bus stops and using mobile signage. Staff to report back with proposed routes based on the current schedule at the next meeting. Page 288 of 333 Committee: Tillsonburg Transit Advisory Committee Page - 3 - of 4 Date: March 19, 2019 Review values identified in the Transportation in Tillsonburg: Getting There Study (2014) (pages 31-32). Staff to confirm that BTS Network is occasionally collecting feedback from customers. Initial set of goals are to: • Establish a route and a schedule; • Increase ridership; • Provide input on developing marketing strategies; • Evaluate service periodically. Conduct a mid-term survey. Staff to provide a draft code of conduct for the TGO service at the next meeting. 6.2. TGO Transit 6.2.1. Background Information Package (Attached) 6.2.2. Transportation in Tillsonburg: Getting There Study (2014) (Attached) 6.2.3. Current TGO Schedule (Attached) 6.2.4. TGO Ridership Stats (Attached) 6.3. Inter-Community Transit 6.3.1. Inter-Community Transportation Grant Application (Attached) The grant application was awarded based on the content contained in the application. It would be a lengthy process to amend the agreement with the MTO. Implementation needs to be completed within one year of the agreement being signed. The agreement will be signed sometime in May 2019. The end date of the agreement is March 2023. 6.4. Transportation Coordinator Position Update Council approved a part-time Transportation Coordinator contract position for one year. The job will be posted soon. The role of the Transportation Coordinator is split between CVOR responsibilities and working on TGO initiatives for in Town Transit. The provincial gas tax funding is part of the equation with the intercommunity transportation grant. Increased ridership will increase gas tax allocations. 7. Correspondence 8. Other Business Page 289 of 333 Committee: Tillsonburg Transit Advisory Committee Page - 4 - of 4 Date: March 19, 2019 9. Next Meeting April 16, 2019 at 10:00 a.m. at the Corporate Office in Suite 203. 10. Adjournment Resolution #3 Moved by: David Brown Seconded by: Kathryn Leatherland THAT the March 19, 2019 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:45 a.m. Carried Page 290 of 333 = ATTENDANCE Euclid Benoit, David Brandon, Dan Cameron, Jeff Dean, Valerie Durston, Deb Gilvesy, Geoffrey Lee, Jeffrey Miller, Mark Renaud, Jeremy Stockmans( departed at 6:30p.m.) Staff: Annette Murray, Dan Locke (departed at 6:30 p.m.) Kevin De Leebeeck, Guest: Mary Ellen Greb (departed at 6:30 p.m.) MEMBERS ABSENT/REGRETS John Prno 1. Call to Order The meeting was called to order at 5:31 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Deb Gilvesy Seconded By: Valerie Durston THAT the Agenda as prepared for the Airport Advisory Committee meeting of March 21, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting 4.1 Minutes of the Meeting of February 21, 2019 Discussion regarding the minutes noted that a Resolution was omitted from the minutes. The resolution is as outlined below: The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE Thursday, March 21, 2019 5:30 p.m. Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford MINUTES Page 291 of 333 Tillsonburg Airport Advisory Committee Meeting Minutes, March 21, 2019 - 2 - Moved by: Jeremy Stockmans Seconded by: Jeff Miller Resolution #2 “THAT the Conceptual Master plan drawing(s) be amended to include land lots along the east side of Taxiway G1 and to include the 250 ft extension of Taxiway G3 to the north and associated Taxiway G3 land lots, AND THAT the revisions of the conceptual drawing(s) be the only part of the master plan to move forward.” Carried. 5. Presentation/Deputations Committee Member Geoff Lee Presentation - Withdrawn 6. General Business & Reports 6.1. Unfinished Business 6.1.1. Terms of Reference Dan reviewed the TOR with the Committee. No further comments or questions were received. It was noted that the committee has the ability to request the TOR be reviewed at any time during the four year term. 6.1.2. Review of previous minutes attached (moved to 4.1) 6.1.3. OPS 19-01 Airport Building Permits Discussion took place regarding the resolution as the report had been referred to the TAAC by Town Council and a resolution was needed to move the action items from Report OPS 19-01 forward. Resolution #3 Moved by: Geoffrey Lee Seconded by: Jeremy Stockmans “THAT the Tillsonburg Airport Advisory Committee supports the administration of development activity at the Airport entirely in-house by Town Staff AND THAT Town staff expedite the assembly of the Airport Development Manual” Carried. Page 292 of 333 Tillsonburg Airport Advisory Committee Meeting Minutes, March 21, 2019 - 3 - 6.2. Other Business 6.2.1 Taxiway G1 Draft Development Plan Layout Kevin De Leebeeck, P.Eng. Director of Operations presented a draft development plan layout for the construction of potential hangars along the east side of Taxiway G1. A discussion ensued with a consensus that there is flexibility within the layout plan to accommodate various hangar sizes as required by potential new tenants. Resolution #4 Moved by: Jeffrey Miller Seconded by: Dan Cameron “THAT the Tillsonburg Airport Advisory Committee gives direction to staff to make available for lease non-hydro serviced lots along the east side of existing Taxiway G1” Carried. 6.2.2 “THAT the Tillsonburg Airport Advisory Committee recommend Tillsonburg Town Council reserve three (3) proposed hangar building sites along the northerly extension of Taxiway G3 for a received development application for a (2) two year timeframe – Withdrawn 6.2.3. Taxiway G3 Conceptual Drawings Kevin De Leebeeck presented the TAAC with five (5) conceptual drawings of the Taxiway G3 extension and requested input/feedback from committee members to assist staff in developing a finalized plan. Discussion ensued. Staff to confirm fire wall requirements, building spacing, etc. as part of revised conceptual plan. Resolution #5 Moved by: Geoffrey Lee Seconded by: Dan Cameron “THAT the Tillsonburg Airport Advisory Committee direct staff to bring forward a revised conceptual plan for the extension of Taxiway G3 that reflects the committee’s general discussion including proposed future hangars and the realignment of the taxiway extension to accommodate a minimum 30 foot distance from the rear face of existing hangars to the centreline of Taxiway G3 extension” Carried. 7. Correspondence None Page 293 of 333 Tillsonburg Airport Advisory Committee Meeting Minutes, March 21, 2019 - 4 - 8. Other Business 8.1 SWOX Councillor Valerie Durston noted that the following needed to be considered now that building permits were no longer going to be obtained from SWOX prior to development at the Airport. A process needs to be developed to inform SWOX for development at the Airport, SWOX Fire Chief needs to be notified of development, Questioned the ability to supply adequate water to fight a fire at the Airport, SWOX CAO Mary Ellen Greb added that Emergency Fire Response and Growth of Assessment are real concerns and needs to be resolved. Mary Ellen also noted that there is a Mutual Aid Agreement in place for all Oxford County Municipalities already. Staff suggested that the matters identified by SWOX should be dealt with at a staff level rather than at the Committee level. SWOX CAO to schedule a meeting with Town staff. David Brandon requested that staff explore funding available from “Funding opportunities for Southern Ontario Organizations”. 9. Next Meeting 9.1 Proposed Meeting Schedule The committee reviewed the proposed meeting schedule with a general consensus to meet monthly to advance business. The next meeting of the Airport Advisory Committee will be at 5:30 p.m. on April 18, 2019 10. Adjournment Resolution # 6 Moved By: Jeffery Miller Seconded By: Euclid Benoit THAT the Tillsonburg Airport Advisory Committee Meeting of March 21, 2019 be adjourned at 7:18 p.m. Page 294 of 333 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee March 21, 2019 7:30 a.m. Board Room, Customer Service Centre 10 Lisgar Ave. MINUTES Present: Andrew Burns, Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Jim Hayes, Mayor Stephen Molnar, Ashton Nembhard, Jeff Van Rybroeck, Steves Spanjers, Collette Takacs, Randy Thornton, John Veldman Absent with Regrets: Kirby Heckford, Lindsay Morgan-Jacko, Cedric Tomico, Lindsay Tribble Also Present: David Calder, Chief Administrative Officer Amelia Jaggard, Legislative Services Coordinator Ian McKenzie, General Manager, Tillsonburg Hydro Inc. (Arrived at 8:20 a.m.) Cephas Panschow, Development Commissioner 1. Call to Order The meeting was called to order at 7:32 a.m. 2. Adoption of Agenda Economic Development System to be added as item 7.5. Proposed Resolution #1 Moved by: Stephen Molnar Seconded by: Lisa Gilvesy THAT the Agenda prepared for the Economic Development Advisory Committee meeting of March 21, 2019, be adopted, as amended. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Andrew Burns Seconded by: Deb Gilvesy THAT the minutes of the Economic Development Advisory Committee dated February 12, 2019, be approved. Carried Page 295 of 333 Committee: Economic Development Advisory Committee Page - 2 - of 5 Date: March 21, 2019 5. Presentations/Deputations 5.1. Tillsonburg Hydro Inc Policy Changes – Presented by Ian McKenzie, General Manager, Tillsonburg Hydro Inc. 6. Information Items 6.1. Correspondence – Ministry of Economic Development, Job Creation and Trade Currently Tillsonburg does not have any sites in the 500 to 1,500 acre range for industrial expansion; however, we do have some potential to amalgamate properties to create a larger site and the Town intends to make a submission to this program. 7. General Business & Reports 7.1. Monthly Project Updates (Attached) • Retail Gap Analysis – Implementation plan being created and will be brought to Council shortly • Sanitary crossing underway and the Tender for the extension of Clearview Drive South is anticipated to be ready for release soon. • Future Industrial Growth – Feedback from companies on new name has been provided to Council. Will be sending out media release shortly. • Education Enhancements – Setting up meetings with school board and high school to discuss expansion of experiential learning opportunities for students. 7.1.1. Downtown Retail Gap Analysis Development Commissioner circulated a supplemental handout which contains an initial analysis of the report’s recommendations and next steps. This document is being reviewed by the Business Improvement Association as well and will be developed into a more comprehensive plan working with Mark Renaud, Executive Director, Tillsonburg BIA. Staff to send supplemental handout with the minutes. There was discussion regarding the pros and cons of having multiple online business directories on websites including the Tillsonburg BIA, Tillsonburg District Chamber of Commerce and the Town of Tillsonburg website. The Tillsonburg Operations Department has incorporated the Downtown Parking and Accessibility Study into their 2019 Business Plan and the Building Department will be utilizing the information from study when addressing parking around the Town Centre. 7.1.2. MAP Update – High Tech Mfg Cluster Model (Attached) Development Commissioner provided an overview of the High Tech Mfg Cluster Model, which showed that Tillsonburg has the highest proportion of its resident labour force employed in manufacturing at 33% compared to 20% in the tri-county area and 9% in Ontario54% of manufacturing Page 296 of 333 Committee: Economic Development Advisory Committee Page - 3 - of 5 Date: March 21, 2019 employment is in the transportation sector followed by machinery (12%), food (10%), fabricated metal (8%), etc. Tillsonburg’s share of Advanced Manufacturing (High Tech) was also higher than the tri-county and Ontario areas. The goal of the study is to help create a framework for manufacturers to work together using an “industry cluster” type model. There was feedback received at the workshop regarding a desire for collaboration between businesses. There was feedback received at the workshop regarding a desire for collaboration between businesses. There was discussion about finding ways to encourage youth to pursue manufacturing jobs such as the Ontario Youth Apprenticeship Program which is a school to work program for grades 11 and 12. It was noted that Norfolk County has a similar initiative called “Turning Point.” Encourage Human Resource departments of local manufacturing businesses to engage with local high schools to create opportunities for youth to learn about and engage with the manufacturing industry. Ian McKenzie arrived at 8:20 a.m. 5. Presentations/Deputations 5.1. Tillsonburg Hydro Inc Policy Changes – Presented by Ian McKenzie, General Manager, Tillsonburg Hydro Inc. Ian McKenzie provided an update on Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges changes as approved by the Board of Directors in January 2019. Motion approved was: AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. This change includes a change in the cost-sharing ratio from 50:50 to 90:10 with the developer now bearing the majority of the costs as determined through the Economic Evaluation Model (EEM). This is different from other utilities in the area, but it is anticipated that they will be moving to this type of model in the near future. While this requirement is now in place, no applications have been received yet. Page 297 of 333 Committee: Economic Development Advisory Committee Page - 4 - of 5 Date: March 21, 2019 The Board did defer the requirement for a system expansion deposit until such time as it is mandated. No formal communication from the development community regarding the recent changes has been received by staff or the Board. Concerns regarding the varying costs throughout Ontario should be directed to the Ontario Energy Board. Staff to send “Update on Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges” letter dated January 31, 2019 with the minutes. Ian McKenzie left the meeting at 9:00 a.m. Motion Moved by: John Veldman Seconded by: Randy Thornton THAT the Economic Development Advisory Committee advise Town Council that the Committee is deeply concerned about impacts to competitiveness with respect to the decision made by the Tillsonburg Hydro Inc. Board of Directors to increase the costs included in the Economic Evaluation Model as well as to increase the share of these costs paid by the developer. Carried. Staff to keep the committee updated regarding this topic. 7.2. Community Strategic Plan 7.2.1. Goals for Committee Term Item to be brought forward at the next meeting. 7.3. Tillsonburg Hydro Inc. 7.4. Town Hall Task Force 7.5. Economic Development System 8. Committee Organization Updates 8.1. Tillsonburg District Chamber of Commerce 8.2. Downtown Business Improvement Association (Attached) 8.3. Tillsonburg District Real Estate Board (Attached) The new First-Time Home Buyer Incentive program will allow Canadians to purchase a home and lower their monthly payments by sharing the cost of the mortgage with the government. Terms and conditions will be released in the coming months and the program is expected to be operational by September 2019. Increasing the Home Buyers' Plan (HBP) Withdrawal Limit from $25,000 to $35,000 will allow home buyers greater access to their own savings to purchase Page 298 of 333 Committee: Economic Development Advisory Committee Page - 5 - of 5 Date: March 21, 2019 a home. To date, the HBP has helped over 2.9 million Canadians achieve homeownership. Expanding eligibility for the HBP during significant life changes to include Canadians who have experienced a breakdown in their marriage or common-law partnership. 8.4. Physician Recruitment Funded in the 2019 budget. 9. Round Table Deb Gilvesy proposed that the Tillsonburg Hydro Inc development charges be an item at the next meeting. Mayor Stephen Molnar met with one of the Regional Government Review advisers, more discussion regarding this topic will happen. Staff to send the Tax Ratio Policy to the committee. The Federal budget has been approved and there will be an internal review of impacts. The Provincial budget is coming up in April 2019. SCOR’s Annual General Meeting is being held on Friday, March 29, 2019 at their office at 4 Elm St Tillsonburg. Development Commissioner noted that a local construction materials manufacturing company has laid off employees due to a slowdown in the housing market. Another currently vacant facility will likely be on the market shortly. 10. Other Business 11. Next Meeting Tuesday, April 9, 2019 at 7:30 a.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. 12. Adjournment Proposed Resolution #3 Moved by: Andrew Burn Seconded by: Jim Hayes THAT the March 21, 2019 Economic Development Advisory Committee meeting be adjourned at 9:23 a.m. Carried Page 299 of 333 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4255 A BY-LAW to control noise in the Town of Tillsonburg, and to repeal by-law 3002. WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipal power shall be exercised by by-law; AND WHEREAS Section 10(2) of the Municipal Act, 2001 authorizes the municipality to pass by- laws respecting certain matters, in particular subsections 5,6,8, and 9 authorize by-laws respecting the economic, social and environmental well-being of the municipality; the health, safety and well- being of persons; the protection of persons and property; and animals. AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become a public nuisances; AND WHEREAS in the opinion of Council for the Town of Tillsonburg, certain kinds of noise are or could become a public nuisance. NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1. SHORT TITLE This By-law and any amendments thereto shall be known as the “Noise By-Law.” 1.2. INTENT AND SCOPE The purpose of this By-law is to control and regulate noise within the corporate limits of the Town of Tillsonburg. 1.3. CONTENT OF BY-LAW All references in the By-law to sections, regulations, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. SECTION 2 DEFINITIONS AND INTERPRETATION 2.1. DEFINITIONS The terms set out below shall have the following meanings in this By-law: “ANIMAL CONTROL OFFICER” means any person designated or contracted as an Animal Control Officer by the Town of Tillsonburg. “AUTHORIZED EMERGENCY VEHICLE” means an ambulance, fire department vehicle, police vehicle, a snow plow, or any other vehicle operated by or for the Town of Tillsonburg or Oxford County. “BUILDING” means any permanent structure used or intended to be used for the shelter, accommodation or enclosure of persons, animals, or goods. “CHIEF BUILDING OFFICIAL” means the Chief Building Official of The Corporation of the Town of Tillsonburg. “CONSTRUCT” means to build and/or to permit to build or erect, alter, relocate or provide any material alteration and without limiting the generality of the foregoing shall be taken to include any work in preparation to construct, and constructed has a corresponding meaning and this excludes any “domestic works” as defined. “CONSTRUCTION EQUIPMENT” means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, hammers, saws, drills, augers, air compressors, pile drivers, pneumatic or by hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, generators, pavers, off highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment. Page 300 of 333 2 “CONVEYANCE” means a vehicle and any other device employed to transport a person or persons or goods from place to place and includes any vehicle or device if operated only within a specific premise. “COUNCIL” means the Municipal Council of the Corporation of the Town of Tillsonburg. “DOMESTIC WORKS” means any construction, maintenance, renovation or repairs being completed an owner to their own property. “HIGHWAY” includes a common or public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles. “LAW ENFORCEMENT OFFICER” means a Police Officer, a Provincial Offences Officer and Municipal Law Enforcement Officer. “MOTOR VEHICLE” means an automobile, a motorcycle, a motor assisted bicycle or any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways or other motor vehicles running upon only rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Ontario Highway Traffic Act. “NOISE” means any sound or vibration that is of such volume, level or nature that it is likely to disturb the inhabitants of the Town of Tillsonburg. “OWNER” means a registered owner of land, or any person in control of land, including a leasee or an occupant thereof. “PERSON” means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; and includes an owner. “POINT OF RECEPTION” means any point on the premises of a person, where noise or vibration is originating from other than those premises is received. “PREMISES” means land includes the buildings and/or structures thereon. “PUBLIC HOLIDAY” means New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. “TOWN” means the Corporation of the Town of Tillsonburg. SECTION 3 GENERAL PROHIBITIONS 3.1. No person shall make, cause, or permit to be caused noise likely to disturb any person which is clearly audible at a point of reception. 3.2. No person shall make, cause or permit to be caused noise that contravenes: a) An applicable Noise Pollution Control Publication of Ontario’s Ministry of the Environment, Conservation and Parks. b) A permission, such as a certificate of approval, under federal or provincial legislation. 3.3. For the purposes of this By-law and without limiting the generality of the forgoing, the following noises shall be deemed to be noises likely to disturb any person if clearly audible at a point of reception in the Town of Tillsonburg: a) The operation of a motor vehicle in such a way that tires squeal; b) The operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in constant operation; c) The operation of an engine or motor in, or on, any vehicle or item of attached auxiliary equipment for a continuous period of more than five minutes while such vehicle is stationary unless: i) the continuous operation of the engine or motor is essential to the basic function of the vehicle or equipment; ii) weather conditions justify the use of heating or refrigerating systems powered Page 301 of 333 3 by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and the vehicle is stationary for the purposes of delivery or loading; d) The operation of an air conditioner, pool pump or filter, car wash air drying equipment, heat pump or the like that is not in proper working order; e) The use of a horn, whistle, alarm, bell, gong or the like, except for an auditory safety or warning device. f) The detonation of fireworks or any similar explosive device at any time other than that is specified as per the Town of Tillsonburg Fireworks By-law, as amended. g) The discharge of any firearms. h) Persistent yelling, shouting, hooting, whistling, singing or the like. i) Persistent barking, calling, whining or other similar persistent noise making by any domestic animal. j) Sound emanating from a radio, television, stereo, or other electronic device including any amplification device, or any musical or other sound producing instrument. k) The operation of a dirt-bike, all-terrain cycle, snowmobile, go-cart, dune buggy or like conveyance. SECTION 4 REGULATIONS BY TIME 4.1. No person shall make, cause or permit the emission of noise resulting from an act listed herein, which noise is clearly audible at a point of reception during a restricted time period. 4.2. Notwithstanding any other provision of this By-law, the following noises shall be deemed to be noises which are likely to disturb any person in the Town if they are clearly audible at a point of reception with the time period as shown: Description of Sound Time Restrictions 1. Persistent yelling, shouting, hooting, whistling, singing or the like. At all times 2. The discharge of firearms (except by police). At all times 3. Persistent barking, calling, whining or other similar persistent noise making by any domestic animal. At all times 4. The operation of any equipment in connection with construction. 7:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 5. The operation of any gas, battery, or electrical powered tool including a hammer, saw, nail gun, staple gun, drill, air compressor, generator, lawnmower, hedge trimmer, chainsaw, trimmer, leaf blower or the like for domestic works other than for snow removal. 9:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 6. The operation of waste collection machinery or refuse compacting equipment. 9:00 p.m. to 7:00 a.m. Sundays and all Public Holidays- 7:00 p.m. to 9:00 a.m. 7. The operation of any powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on a property not owned or controlled by a railway governed by the Canada Railway Act. 9:00 p.m. to 7:00 a.m. 8. Loading, unloading, delivering, packing, unpacking, or otherwise handling any equipment, containers, products, materials, or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects. 9:00 p.m. to 7:00 a.m. Page 302 of 333 4 SECTION 5 GENERAL EXEMPTIONS This By-law does not apply to sound emitted, caused or permitted in connection with: a) Measures undertaken in the event of an emergency for the immediate health, safety, security or welfare of persons and animals within the Town; b) Measures undertaken in an emergency for the preservation or restoration of property; c) The operation of authorized emergency vehicles. d) The activities of snow plowing and/or removal. e) Measures undertaken by the Town or Oxford County where its employees, contractors, or agents are carrying out Town or Oxford County operations or operating, maintaining or installing municipally owned infrastructure and facilities. f) Sport, recreational events, parades, festivals, circuses, fairs, or entertainment activities approved by the Town. g) The lawful use and detonation of fireworks or similar explosive devices as per the Town of Tillsonburg Fireworks By-law, as amended. h) Non-emergency construction, reconstruction or repair of any county, provincial or federal public works including the construction, reconstruction or repair of a public highway provided the Town is given advanced written notice of the hours to be worked if outside the permitted construction hours. i) Operation of machinery by or on behalf of a public utility where work needs to be done on week-ends or overnight to minimize service interruptions. j) Law Enforcement Officer and Animal Control Officers while engaged in the course of their duties. SECTION 6 TEMPORARY NOISE PERMIT EXEMPTIONS 6.1. Application to Chief Building Official Notwithstanding anything contained in this By-law, any person may make application to the Chief Building Official or their designate for exemptions that do not exceed thirty days in length, to be granted an exemption from any of the provisions of this By-law with respect to any source of noise for which they might be prosecuted and the Chief Building Official or their designate, may refuse to grant any exemption or may grant the exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Chief Building Official or their designate see fit. The application for a temporary noise exemption is to be submitted a minimum of twenty-one days before the requested start date. 6.2. Application to Council Notwithstanding anything contained in this By-law, any person may make application to Council for exemptions exceeding thirty days in length, to be granted an exemption from any of the provisions of this By-law with respect to any source of noise for which they might be prosecuted and the Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council see fit. The application for a temporary noise exemption is to be submitted a minimum of twenty-one days before the requested start date. 6.3. Application for Exemption The application mentioned in Sections 6.1 and 6.2 shall be made in writing and shall contain all of the following: a) The name and address of the applicant; b) The name and information of a contact person, if other than applicant; c) The location of the event or activity for which the Temporary Noise Permit is sought; Page 303 of 333 5 d) A description of the source of noise in respect of which the exemption is sought; e) A statement of the particular provision or provisions from which the exemption is sought; f) The times of day, and period of time and duration for which the exemption is sought; g) The reasons why the exemption is necessary; h) A statement of the steps, if any, planned or presently being taken to minimize the noise; i) Written confirmation that all property owners within a five hundred metre radius of the point from which the noise will be emitted have been notified along with a copy of the public notice; j) A non-refundable application fee for exemption as set out in the Town’s current Rates and Fees By-law; and k) Any other item as requested by the Chief Building Official, their designate or Council which shall be deemed necessary in providing relevant information related to the temporary noise permit. 6.4. Decision for Exemption In deciding whether to grant the exemption, the Chief Building Official or designate or Council shall: (a) Consider any negative effects the issuance of the temporary noise permit may have on persons residing on neighbouring properties or on the Town; (b) Consider any benefits the issuance of the temporary noise permit may have for persons residing on neighbouring properties or for the Town; (c) Consider any previous violations of this By-law or predecessor by the owner or temporary noise permit conditions by the applicant; and (d) Consider anything that is reasonably relevant. 6.5. Conditions of Temporary Noise Permit The Chief Building Official or their designate or Council may impose conditions on a temporary noise permit, including but not limited to: (a) The type and volume of sounds that may be made; (b) The times during which sounds may be made and; (c) The date of expiry of the temporary noise permit. 6.6. Violation of Temporary Noise Permit Conditions Violation by the applicant or by any person under the applicant’s direction of any of the terms or conditions of the exemption granted by the Chief Building Official or their designate or Council shall render the temporary noise permit null and void. SECTION 7 ADMINISTRATION 7.1. Enforcement Authorization This by-law shall be enforced by Law Enforcement Officers. For the purpose of ensuring compliance with this By-law, Law Enforcement Officers may at all reasonable times enter upon and inspect any land to determine whether the following is being complied with: (a) The provisions of this by-law (b) An Order made under this by-law 7.2. Enforcement and Inspection A Law Enforcement Officer may, for the purpose of inspection: (a) Require the production for inspection of documents or things relevant to the inspection (b) Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts (c) Require information from any person concerning a matter related to the inspection (d) Alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection i) Any cost incurred from this will be at the owner’s expense. ii) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Law Enforcement Officer exercising a power or performing a duty under this by-law. 7.3. Order A Law Enforcement Officer may by written Order, sent by regular mail to the last known address (last revised tax assessment roll), posted on site or personally delivered to owner or owners of property, within the time specified in the Order to: Page 304 of 333 6 (a) Discontinue the contravening activity, and/or (b) Do work to correct the contravention 7.4. Contents of the Order The Order will state: (a) the section that is in contravention of the by-law (b) the location/address of the contravention (c) reasonable particulars of the contravention (d) the work to be completed (e) the date by which the work must be completed 7.5. Failure to Comply with an Order Where an owner fails to comply with an Order, the Law Enforcement Officer may without any further notice, cause the work to correct the contravention be done at the owner’s expense. Without limitation, the Law Enforcement Officer may retain such persons to assist in completing the work as the Law Enforcement Officer determines appropriate. All costs incurred by the Town in relation to such work may be recovered by the Town by being added to the tax roll and collected in the same manner as property taxes. An administrative fee will also be added as per the Annual Rates and Fees By-law. If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court competent jurisdiction thereafter may make an Order, (a) prohibiting the continuation or repetition of the offence by the person convicted; and (b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate SECTION 8 PENALTIES 8.1. Contraventions The following applies to any person deemed to have contravened any provision of this by- law: (a) Every person who contravenes a provision of this By-law, including an order issued under this By-law, is guilty of an offence. (b) If an order has been issued under this By-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with. (c) Every person who is guilty of an offence under this By-law shall be subject to the following penalties: i) upon a first conviction, shall be liable to a fine of not more than $50,000; ii) upon second or subsequent conviction for the same offence, to a fine of not more than $100,000; iii) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000; iv) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of more than $10,000. The total of all fines for each included offence is not limited to $100,000. (d) For the purposes of this By-law, “multiple offence” means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law. (e) For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. SECTION 9 SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an Order to the contrary. Page 305 of 333 7 SECTION 10 REPEAL THAT By-Law No. 3002 is hereby repealed in its entirety. SECTION 11 EFFECTIVE DATE THAT this By-Law shall become effective upon the passing thereof and upon the approval of the set fines by the Regional Senior Justice of the Ontario Court of Justice. READ A FIST AND SECOND TIME this 8th day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED this 8th day of April, 2019 ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 306 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4269 A BY-LAW to amend By-Law 3666, to Govern the Licensing of Businesses within the Town of Tillsonburg. WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s Business Licensing by-law to include an Ice Cream Truck or Ice Cream Bicycle as a Licenced Business in the Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 2.0 DEFINITIONS “ice cream bicycle" means an insulated container for storing and transporting frozen ice cream, propelled totally by muscular power without motorized assistance and from which ice cream and other frozen confections may be sold. “ice cream truck" means a vehicle modified to transport frozen ice cream from place to place, which is duly licensed by the Ministry of Transportation and is capable of being driven on highways or within municipalities and from which ice cream and other frozen confections may be sold. 1. THAT Section 7.0 FOOD VENDING shall be amended as follows: 7.7 No person shall operate a competing refreshment vehicle, refreshment stand, Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other refreshment vehicle, refreshment stand or Ice Cream Vehicle/Stand or within 8 metres (26 feet) of the vehicular entrance to the property or in any location which will obstruct the flow of vehicles. 7.11 Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycles No person shall operate an ice cream truck or an ice cream bicycle from which is sold: - heated or cooked food - milk or any beverages - any goods, wares or merchandise or other item other than ice cream, and frozen refreshments. 7.12 Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate on municipal property, including road allowances and municipal parks. 7.13 No person shall operate or permit the operation of an ice cream vehicle on any travelled portion of a road allowance within the BIA area. 7.14 No person shall operate or permit the operation of an ice cream truck or bicycle between the hours of 9:00 p.m. and 7 a.m. on any day. Page 307 of 333 Insurance 7.14 No person shall operate an ice cream truck or ice cream bicycle unless he takes out and keeps in force during such operation a comprehensive policy of public liability and property damage insurance acceptable to the Licensing Officer. 7.15 The policy shall, at a minimum, provide insurance coverage in respect of any one accident to the limit of five million dollars ($5,000,000) exclusive of interest and costs, against loss or damage resulting from bodily injury to, or death of one (1) or more persons and loss of, or damage to, property. 7.16 Such policy or policies shall be in the name of the owner and shall name The Corporation of the Town of Tillsonburg as an additional insured thereunder, and shall state that The Corporation of the Town of Tillsonburg shall be indemnified by the owner of the licence so that if a law suit is filed against the Town, notwithstanding that the operator or owner of the licence had general liability insurance, the operator or owner of the licence or vehicle will be required to pay to the Town any and all costs it incurred, or losses suffered by the Town, as a result of any legal proceeding. All policy or policies shall also contain a cross- liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town’s issuance of the permit to use the designated area. 7.18 The proof of insurance shall include a provision that the licensing officer will be given at least ten day’s notice in writing of any cancellation, expiration or variation in the policy. 7.20 No person shall fail to have the proof of insurance with him while operating a refreshment vehicle or refreshment stand 2. THAT these amendments to By-Law 3666 are hereby declared to be part of that By- Law as if written therein. 3. This By-Law shall come into full force and take effect upon the final passing hereof. READ A FIRST AND SECOND TIME THIS 8th DAY OF APRIL, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF APRIL, 2019. _______________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 308 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4286 A BY-LAW to Authorize Specific Complaints to the Assessment Review Board WHEREAS pursuant to sections 40 and 40.1 of the Assessment Act, R.S.0. 1990 c. A.31, as amended (hereinafter referred to as the “Assessment Act”)the Council of the Corporation of the Town of Tillsonburg may appeal the assessment of their land or the land of another person to the Assessment Review Board on the basis that the current value of the land, the classification of the land and/or the share of the current value as distributed across differently classified portions of the land is incorrect; or on the basis that they or another person has been wrongly placed on, or omitted from the assessment roll in respect of land or school support; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it appropriate to enact this by-law for the purposes of exercising its privileges under s. 40 and or s.40.1 of the Assessment Act; NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg hereby enacts as follows: 1. In this By-Law: “Municipality” means the Corporation of the Town of Tillsonburg “property” means any property or portion of property that is or should be identified on the assessment roll prepared in respect of the Municipality; 2. THAT the Town hereby authorizes and ratifies the filing of complaints to the Assessment Review Board in respect of the assessment of all persons and properties described in “Schedule A” of this By-Law; and that Schedule “A” attached hereto forms part of this by-law; and 3. THAT the Town may, through amending By-Law or resolution alter or add to the contents of “Schedule A”; and 4. THAT the Town hereby directs the following persons to file, or effect the filing of all appeals in respect of the properties described in “Schedule A” a) Dave Rushton, Treasurer, Town of Tillsonburg 5. AND THAT MTE Paralegal Professional Corporation shall be appointed as agent of record for the Town; Page 309 of 333 6. AND THAT this By-Law shall come into full force and effect on the date it is finally passed and shall serve to ratify all administrative tasks and responsibilities undertaken prior or subsequent to that date in respect of any appeal authorized through this By-Law. READ a first and second time this 8th day of April, 2019. READ a third and final time and passed this 8th day of April, 2019. ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 310 of 333 BY-LAW 4286 SCHEDULE A TOWN OF TILLSONBURG Page 311 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4287 A BY-LAW TO AUTHORIZE A FACTORY PROTECTION PLAN – END USER AGREEMENT WITH ELEXICON GROUP INC. (FORMERLY WHITBY HYDRO ENERGY SERVICES CORPORATION) AND THE CORPORATION OF THE TOWN OF TILLSONBURG WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Factory Protection Plan – End User Agreement with Elexicon Group Inc. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Factory Protection Plan – End User Agreement attached hereto as Schedule “A” forms part of this By-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Factory Protection Plan – End User Agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 8th day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of April, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 312 of 333 Page 313 of 333 Page 314 of 333 Page 315 of 333 Page 316 of 333 Page 317 of 333 Page 318 of 333 Page 319 of 333 Page 320 of 333 Page 321 of 333 Page 322 of 333 Page 323 of 333 Page 324 of 333 Page 325 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4289 A BY-LAW, To Amend By-Law 4260, to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA) Established by The Corporation of The Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 4260. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT By-Law 4260 be amended to include Carl Heutinck as a member of the BIA; 2. THAT these amendments to By-Law 4260 are hereby declared to be part of that By-Law as if written therein; 3. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 8th day of APRIL, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of APRIL, 2019. _________________________ MAYOR – Stephen Molnar _________________________ TOWN CLERK – Donna Wilson Page 326 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4290 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A-22’ the zone symbol of the lands so designated ‘R1A-22’ on Schedule “A” attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “6.5.22 LOCATION: SOUTHWEST CORNER OF SANDERS CRESCENT AND DENRICH AVENUE, BLOCK A, PLAN M-60 & BLOCK 47, PLAN 41M-241, R1A-22 (KEY MAP 25) 6.5.22.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-22 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 6.1. 6.5.22.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-22 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.22.2.1 EXTERIOR SIDE YARD WIDTH Minimum 6.0 m (19.6 ft) 6.5.22.3 That all of the provisions of the R1A Zone in Section 6.2 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.” 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 8th day of April, 2019. READ a third time and finally passed this 8th day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 327 of 333 B L O C K 4 7R E G I S T E R E DP L A N 4 1 M - 2 4 1 26.00 SANDERS CRES DENRICH AVEB L O C K AP L A N M - 6 0 N51°42'00"E N52°08'09"E 26.42N38°10'00"W 51.67N37°43'20"W 51.870.87 BLOCK A, PLAN M-60, AND BLOCK 47, REGISTERED PLAN 41M-241TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1A-22 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4290, PASSED THE 8th DAY OF APRIL, 2019 SCHEDULE "A" TO BY-LAW No. 4290 © 5 0 5 10 152.5 METRES Page 328 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4291 A By-Law to Designate a Plan of Subdivision or part thereof, to not be a registered plan of subdivision for the purposes of Subsection 50(3) of the Planning Act. WHEREAS the Council of The Corporation of the Town of Tillsonburg has authority pursuant to subsection 50(4) the Planning Act, R.S.O. 1990, c. P.13, as amended, to designate a Plan of Subdivision, or part thereof, to be deemed not to be lots in a registered Plan of Subdivision for the purpose of subsection 50(3) of Planning Act; AND WHEREAS the lands described below are currently lots within a registered plan of subdivision; AND WHEREAS Registered Plan Nos. 41M-241 & M-60 has been registered in the Registry Office for the Registry Division of the County of Oxford for eight (8) years or more; NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg hereby enacts as follows: 1. That the lands described below and shown more particularly on Schedule “A” as affixed hereto are hereby deemed to not be separate lots within a registered Plan of Subdivision of the purposes of Subsection 50(3) of the Planning Act: PINS: 00030-0907 (LT), 00030-0083 (LT) BLOCK 47, REGISTERED PLAN 41M-241, TOWN OF TILLSONBURG BLOCK A, REGISTERED PLAN M-60, TOWN OF TILLSONBURG 2. THAT this By-law shall come into full force and take effect on the date it is passed by the Council of The Corporation of the Town of Tillsonburg, subject to the provisions of subsection 50(27) of the Planning Act. 3. THAT this By-law be registered in the Registry Office for the Registry Division (41) of the County of Oxford. READ a first and second time this 8th day of April, 2019. READ a third time and finally passed this 8th day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 329 of 333 B L O C K 4 7R E G I S T E R E DP L A N 4 1 M - 2 4 1 26.00 SANDERS CRES DENRICH AVEB L O C K AP L A N M - 6 0 N51°42'00"E N52°08'09"E 26.42N38°10'00"W 51.67N37°43'20"W 51.870.87 BLOCK A, PLAN M-60, AND BLOCK 47, REGISTERED PLAN 41M-241TOWN OF TILLSONBURG AREA SUBJECT TO BY-LAW NO. 4291 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4291, PASSED THE 8th DAY OF APRIL, 2019 SCHEDULE "A" TO BY-LAW No. 4291 © 5 0 5 10 152.5 METRES Page 330 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4292 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R2-16’ the zone symbol of the lands so designated ‘R2-16’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 8th day of April, 2019. READ a third time and finally passed this 8th day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 331 of 333 N11°25'20"W4 9 . 6 9 B L O C K 7B L O C K 6N11°25'20"WPOTTERS RDHARVEST AVE14 . 4 1 N 4 2 ° 2 4 ' 0 0 " W N78°34'40"E35.29 N78°34'40"E35.28 N78°34'40"E36.47N3 0 ° 4 0 ' 0 0 "WN 54°54'10"E5 6 .5 7N78°34'40"E 63.20 N68°06'20"E 69.18N27°32'20"W6 9 . 7 2 73.70N24°51'10"W 94 .49107.52N11°25'20"W 107.53B L O C K 9 R E G I S T E R E D P L A N 4 1 M - 2 7 2 BLOCKS 6, 7 AND 9, REGISTERED PLAN 41M-272TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R2-16 NOTE: ALL DIMENSIONS IN METRES MAYOR CLERK THIS IS SCHEDULE "A" TO BY-LAW No. 4292, PASSED THE 8th DAY OF APRIL, 2019 SCHEDULE "A" TO BY-LAW No. 4292 © 20 0 20 40 6010 METRES R2-16R2-16R2-16Page 332 of 333 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4288 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 8th day of April, 2019. 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 April 8, 2019, 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 8th DAY OF April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF April, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 333 of 333