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190527 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, May 27, 2019 4:30 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session for education or training of the members (Code of Conduct). 3.Adoption of Agenda Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Meeting of Monday, May 27, 2019, be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting held on Monday, May 13, 2019, be approved. 7.Presentations 7.1 Draft Comprehensive Review Phase 1 Presented by: Paul Michaels, Manager of Policy Planning, County of Oxford Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receive the Draft Comprehensive Review Phase 1 presentation, as information. 8.Public Meetings 8.1 Application for Zone Change - ZN 7-19-07 - 40 Cranberry Road (French) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council not-approve the zone change application submitted by Larry French, whereby the lands described as Part Lot 3, Concession 10 (Dereham) and Parts 2 & 3 Plan 41R-2226, Town of Tillsonburg, known municipally as 40 Cranberry Road, are to be rezoned from ‘Future Development Zone (FD)’ and ‘Special Future Development Zone (FD-1)’ to allow for the development of a single detached dwelling on private services. 8.2 Application for Zone Change - ZN 7-19-06 - 155 Wilson Ave (Retsinas) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council approve-in-principle the zone change application submitted by Tillsonburg Property Corporation, whereby the lands described Part Lot 5, Plan 1646, and Parts 1, 3 & 8 of Reference Plan 41R-9148 known municipally as 155 Wilson Avenue are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Bonus Zone (R3-sp)’ to facilitate the development of two, 2-storey multiple unit dwellings consisting of 28 apartment dwelling units; AND FURTHER THAT Council authorize the Mayor and Clerk to enter into an agreement with Tillsonburg Property Corporation under Section 37(3) of the Planning Act regarding the provision of 25 affordable housing units at 155 Wilson Avenue in the Town of Tillsonburg. 9.Planning Applications Page 2 of 453 10.Delegations 11.Deputation(s) on Committee Reports 11.1 DCS 19-09 - EDAC Advice Regarding Growth Forecast and Land Needs Analysis Presented by: Jesse Goossens, Chair, Economic Development Advisory Committee Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receive Report DCS 19-09 EDAC Advice Regarding Growth Forecasts and Land Need Analysis; AND THAT the items identified by the Economic Development Advisory Committee be forwarded to the Oxford County Planning Department for consideration. 12.Information Items 13.Mayor's Report 13.1 MYR 19-07 - Oxford County Update Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives report MYR 19-07 Oxford County Update, as information. 14.Quarterly Reports 14.1 FIN 19-08 - 2018 Fourth Quarter Consolidated Results Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 19-08 2018 Fourth Quarter Consolidated Results, as information. 14.2 FIN 19-07 - 2018 Fourth Quarter Department Results - Finance Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 19-07 2018 Fourth Quarter Finance Department Results, as information. Page 3 of 453 14.3 DCS 19-13 - 2018 Fourth Quarter Department Results - Economic Development and Marketing Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-13, 2018 Fourth Quarter Economic Development and Marketing Department Results, as information. 14.4 DCS 19-14 - 2018 Fourth Quarter Department Results - Building, Planning and By- Law Services Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-14 2018 Fourth Quarter Building, Planning and By-Law Services Department Results, as information. 14.5 FRS 19-06 - 2018 Fourth Quarter Department Results - Fire and Rescue Services Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receive report FRS 19-06 Fourth Quarter 2018 Fire and Rescue Services Department Results, as information. 14.6 OPS 19-18 - 2018 Fourth Quarter Department Results - Operations Services Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-18 2018 Fourth Quarter Operations Services Department Results, as information. 14.7 RCP 19-23 - 2018 Fourth Quarter Department Results - Recreation, Culture and Parks Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receive report RCP 19-23 2018 Fourth Quarter Recreation, Culture and Parks Department Results, as information. Page 4 of 453 15.Staff Reports 15.1 Chief Administrative Officer 15.1.1 CAO 19-05 - Regional Review Council Committee Report Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the Regional Review Council Committee supports the position of Tillsonburg Council and the County of Oxford for a two tier governance system in Oxford; AND THAT the committee recommends to Council that once the province determines the government structure that the municipality be included in a consultation process which includes the service level review in Oxford County; AND THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to the Minister of Agriculture, Food and Rural Affairs and to the area municipalities including the County of Oxford. 15.2 Clerk's Office 15.2.1 CLK 19-15 - Code of Conduct Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Report CL 19-15, Code of Conduct, be received; AND THAT a By-Law to authorize the Code of Conduct Policy be brought forward for Council consideration. 15.3 Development and Communication Services 15.3.1 DCS 19-10 - Graffiti By-Law Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-10 Graffiti By-law for information. AND THAT Graffiti By-Law 4278 to prohibit and regulate graffiti in the Town of Tillsonburg be brought forward for Council consideration. Page 5 of 453 15.4 Finance 15.4.1 FIN 19-09 - 2019 Budgetary Estimates and Tax Rates Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 19-09 2019 Budgetary Estimates and Tax Rates; AND THAT By-Law 4299 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2019 be brought forward for Council consideration. 15.4.2 FIN 19-10 - 2019 Audit RFP Results Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receive Report FIN 19-10 2019 Audit RFP Results. as information; AND THAT Council approves Millard, Rouse & Rosebrugh LLP (Millards) as the Town’s Auditor for the years ending December 31, 2019 through to December 31, 2023. 15.5 Fire and Emergency Services 15.6 Operations 15.6.1 OPS 19-19 - Strategic Asset Management Policy Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-19 Strategic Asset Management Policy; AND THAT Council adopt the Strategic Asset Management Policy. 15.6.2 OPS 19-20 - Airport Hanger Land Lease Taxiway G1 Lot 1 Proposed Resolution #22 Page 6 of 453 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-20 Airport Hanger Land Lease Agreement Taxiway G1 Lot 1; AND THAT By-Law 4309 to authorize the Airport Hanger Land Lease Agreement with Karl Szordykowski of Lime Tree Assembly Inc., be brought forward for council consideration. 15.6.3 OPS 19-21 - Airport Hanger Land Lease Taxiway G3 Lot 3 Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-21 Airport Hanger Land Lease Agreement Taxiway G3 Lot 3; AND THAT By-Law 4310 to authorize the Airport Hanger Land Lease Agreement with #1474528 Ontario Inc. / Dave Hewitt, be brought forward for Council consideration. 15.6.4 OPS 19-22 - Results for Tender RFT 2019-010 Hydro Utility Truck Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-22 Results for Tender RFT 2019- 010 Hydro Utility Truck; AND THAT Council award Tender RFT 2019-010 to Posi-Plus Technologies Inc. of Victoriaville, Quebec at a cost of $347, 896.07 (net HST included), the only bid received; AND FURTHER THAT Council authorize a $47,896.07 increase in utility funded debt proceeds to fund the remaining project cost. 15.6.5 OPS 19-23 - Connecting Link Funding Program Designated Project Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-23 Connecting Link Funding Program Designated Project; AND THAT Oxford/Simcoe Street Rehabilitation from Broadway to Vienna Road be endorsed as the Town’s project for the Connecting Link funding Page 7 of 453 application; AND THAT the submitted Application meets the requirements of MTO’s Connecting Links Program as described in the Program Guide; AND THAT a comprehensive asset management plan including connecting links has been completed and publically posted; AND THAT the municipality will comply with the conditions that apply to designated connecting links under the Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; AND THAT the project will be completed within the milestones stated in the Application; AND THAT the Application is complete and factually accurate; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. 15.6.6 OPS 19-24 - Broadway and Trans Canada Trail PXO Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-24 Broadway and Trans Canada Trail PXO; AND THAT By-Law 4306 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council’s consideration. 15.7 Recreation, Culture & Park Services 16.New Business 17.Consideration of Committee Minutes 17.1 Committee Minutes Proposed Resolution #27 Moved By: ________________ Seconded By: ________________ THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee Minutes dated May 1, 2019 and May 6, 2019, the Economic Development Advisory Committee Minutes dated May 14, 2019, the Regional Review Council Committee Minutes dated May 21, 2019, and the Tillsonburg Transit Page 8 of 453 Advisory Committee Minutes dated May 21, 2019, as information. 17.2 Business Improvement Area Board of Management Minutes Proposed Resolution #28 Moved By: ________________ Seconded By: ________________ THAT Council receive the Business Improvement Area Board of Management Minutes dated December 18, 2018, January 16, 2019, February 21, 2019 and March 21, 2019, as information. 17.3 Police Services Board Minutes Proposed Resolution #29 Moved By: ________________ Seconded By: ________________ THAT Council receive the Police Services Board minutes dated April 17, 2019, as information. 18.Motions/Notice of Motions 19.Notice of Motion for which previous Notice was Given 19.1 Councillor Gilvesy - Taxation Stabilization Reserve Proposed Resolution #30 Moved By: ________________ Seconded By: ________________ THAT the Commercial Taxiway Rehabilitation, the Risk Assessment of Public Access at the Airport and the Airport Hydro Load Capacity Testing at the Tillsonburg Airport be funded from the Taxation Stabilization Reserve in the total amount of $50,000; AND THAT the $50,000 be reimbursed (refunded) to the Taxation Stabilization Reserve from the sale of airport lands. 20.Resolutions/Resolutions Resulting from Closed Session 21.By-Laws 21.1 By-Law 4278, To Prohibit Graffiti on Private Property 21.2 By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979 21.3 By-Law 4306, To Amend By-Law 3701 Page 9 of 453 21.4 By-Law 4309, To Authorize an Airport Hanger Land Lease with Szordykowski 21.5 By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt 21.6 By-Law 4311, To Adopt a Strategic Asset Management Policy 21.7 By-Law 4299, 2019 Final Levy Proposed Resolution #31 Moved By: ________________ Seconded By: ________________ THAT By-Law 4278, To Prohibit Graffiti on Private Property; and By-Law 4305, To Adopt a Code of Conduct and Repeal By-Law 3979; and By-Law 4306, To Amend By-Law 3701; and By-Law 4309, To Authorize an Airport Hanger Land Lease with Szordykowski; and By-Law 4310, To Authorize an Airport Hanger Land Lease with Hewitt; and By-Law 4311, To Adopt a Strategic Asset Management Policy; and By-Law 4299, 2019 Final Levy, 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. 22.Confirm Proceedings By-law Proposed Resolution #32 Moved By: ________________ Seconded By: ________________ THAT By-Law 4308 to Confirm the Proceedings of the Council meeting held on May 27, 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. 23.Items of Public Interest 24.Adjournment Proposed Resolution #33 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, May 27, 2019, be adjourned at ___ p.m. Page 10 of 453 1 MINUTES Monday, May 13, 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 Lana White, Deputy Clerk/Executive Assistant _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. Deputy Mayor Beres chaired the meeting. 2. Closed Session Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into Closed Session to consider a proposed or pending acquisition or disposition of land by the Town (proposed land acquisition). Carried Page 11 of 453 2 3. Adoption of Agenda Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council Meeting of Monday, May 13, 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 Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council Meeting of April 23, 2019 be approved. Carried 7. Presentations 7.1 Oxford OPP - Tillsonburg Detachment - 2018 Year End Report Inspector Hymers, Oxford County OPP and Chair Larry Scanlan, Tillsonburg Police Services Board, presented the Oxford OPP - Tillsonburg Detachment - 2018 Year End Report. Opportunity was given for comments and questions from Council. Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the Oxford OPP - Tillsonburg Detachment - 2018 Year End Report, as information. Carried Page 12 of 453 3 7.2 PUBLIC MEETING - 2019 Development Charges Background Study Andrew Grunda, Watson & Associates, appeared before Council and presented an overview of the 2019 Development Charges Background Study, as part of the Public Meeting. No members of the public appeared before Council either in support of, or opposition to, the Study. A by-law to be brought forward at the June 13, 2019 Council Meeting. Resolution # 5 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the presentation by Watson & Associates, in regards to the 2019 Development Charges Background Study, be received as information; AND THAT a By-Law be brought forward for consideration at the June 13, 2019 Council Meeting. Carried 8. Public Planning Meetings Resolution # 6 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:41 p.m. Carried 8.1 Application for Minor Variance - A03-19 - 11 Morning Glory Drive (Southridge Heights Inc.) Heather St.Clair, County of Oxford Planning Department, appeared before Council and provided an overview of Report 2019-144 , File A03-19 Application for Minor Variance. 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. Page 13 of 453 4 Council passed the following resolution. Resolution # 7 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Committee of Adjustment approves Application File A03-19, submitted by Southridge Heights Inc, for lands described as Lot 34, Plan 41M-145, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.37.1 – Permitted Projections into Required Yards, to increase the permitted projection of a covered deck into a required rear yard from 1.5 m (4.92 ft) to 2.2 m (7.21 ft), to facilitate the construction of a pergola, on an existing deck, accessory to a single detached dwelling on the subject lands, subject to the condition that a building permit for the proposed pergola shall be issued within one year of the date of the Committee's decision. Carried 8.2 Application for Minor Variance A04-19 - 17 Wren Court (Landmark Homes) Mayor Molnar joined the meeting at 6:56 p.m. Heather St.Clair County of Oxford Planning Department, appeared before Council and provided an overview of Report 2019-145, File A04-19 Application for Minor Variance. Opportunity was given for comments and questions from Council. The applicant was in attendance. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 8 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Committee of Adjustment approves Application File A4-19, submitted by Landmark Homes (Chris Declark), for lands described as Lot 131, Plan M-16, Town of Tillsonburg, as it relates to: Page 14 of 453 5 1. Relief from Table 9.2 – Medium Density Residential Zone Provisions (RM), to reduce the required lot frontage from 36 m (118.1 ft) to 28 m (91.9 ft), and; 2. Relief from Table 9.2 – Medium Density Residential Zone Provisions (RM), to increase the maximum lot area per dwelling unit from 320 m2 (3,444.6 ft2) to 344 m2 (3,702.7 ft2). Carried Resolution # 9 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move out of the Committee of Adjustment and move back into regular Council session at 7:01 p.m. Carried 8.3 Application for Zone Change - ZN 7-19-04 (Landmark Homes) Heather St.Clair, County of Oxford Planning Department, appeared before Council and provided an overview of Report CP 2019-140, File ZN 7-19- 04. Opportunity was given for comments and questions from Council. Valerie Schmidt, GSP Group Inc., representing Trevalli Homes, was in attendance and spoke in favour of the application. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 10 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approves the zone change application submitted by Landmark Homes (Trevalli Homes), whereby the lands described as Lots 40 & 41 Plan 41M-143 & Lots 3-15, 17-26 & 77 Plan 41M-144, known municipally as 82, 84, 92, 94, 96-112, 114-115 & 117 Beech Boulevard Page 15 of 453 6 and 34 Hemlock Drive in the Town of Tillsonburg are to be rezoned from ‘Low Density Residential – Type 1 Zone (R1A)’ to ‘Special Low Density Residential – Type 1 Zone (R1A-sp)’ to permit a reduced front yard depth of 6 m (19.68 ft) and a reduced rear yard depth of 9 m (29.52 ft). Carried 9. Planning Applications 10. Delegations 10.1 History of Kinsmen Outdoor Pool Joan Weston appeared before Council as a delegation, and provided information on the history of the Kinsmen outdoor swimming pool. Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Delegation in regards to the history of the outdoor pool, as information. Carried 10.2 Community Living Month Cheryl Conick and Karen Devolin, of Community Living Tillsonburg, appeared before Council as a delegation, and provided information in regards to Community Living Tillsonburg, and Community Living Month, being May. Some Board members were in attendance in support of the delegation. A flag will fly in front of the Town Centre Mall for the week of May 13-17, 2019, and the annual Appetite for Awareness event is planned for May 16, 2019. Resolution # 12 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Delegation in regards to Community Living Month, as information. Page 16 of 453 7 Carried 10.3 Demolition of Summer Place Sharon Howard, representing the Tillsonburg Rowing Club, appeared before Council as a delegation in regards to the demolition of the boathouse. Ms. Howard shared her pride of the Rowing Club's achievements. Her presentation provided suggestions to potentially renovate the building, and possibly provide opportunities for other groups as well. Clarification was given in regards to the consultant's report, safety concerns, and interpretation of the previous staff direction. Budget and funding were discussed. No further staff direction was given. Resolution # 13 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Delegation in regards to the demolition of Summer Place, as information. Carried 11. Deputation(s) on Committee Reports 11.1 OPS 19-11 - Tillsonburg Airport Adivsory Committee - Available Grant Funding for the Tillsonburg Regional Airport Mark Renaud, Chair of the Airport Advisory Committee, appeared before Council and provided an overview of Report OPS 19-11. Resolution # 14 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPS 19-11, Tillsonburg Airport Advisory Committee - Available Grant Funding for the Tillsonburg Regional Airport; AND THAT the recommendation of the Tillsonburg Airport Advisory Committee be referred to item 13.6.5, OPS 19-17, for consideration. Page 17 of 453 8 Carried 11.2 OPS 19-12 - Tillsonburg Transit Advisory Committee - Proposed TGO Routes and Schedule Cindy Allen, Vice-Chair of the Tillsonburg Transit Advisory Committee, appeared before Council and provided an overview of Report OPS 19-12. Next steps - a comprehensive communications package. Resolution # 15 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPS 19-12, Tillsonburg Transit Advisory Committee – T:GO Draft Routes and Schedule, as information. Carried 12. Information Items 12.1 Ministry of Municipal Affairs and Housing - More homes, more choice: Ontario's housing supply action plan Resolution # 16 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council receives the correspondence from the Ministry of Municipal Affairs and Housing, in regards to More homes, more choice - Ontario's housing supply action plan, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO - HR - 19-03 Fire Chief Recruitment Committee In terms of timeline, it will be close to the end of summer 2019 by the time the full process is complete. Page 18 of 453 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the third paragraph of the motion, to appoint members, be removed and dealt with separately. Defeated Resolution # 17 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receives Report CAO–HR 19-03, Fire Chief Recruitment Committee, for information; AND THAT the Fire Chief Recruitment Committee Terms of Reference be adopted; AND THAT Mayor Molnar and Councillor Luciani be appointed to the Fire Chief Recruitment Committee; AND FURTHER THAT a by-law to appoint Mr. Terry Saelens Acting Fire Chief be brought forward for Council consideration. Carried 13.2 Clerk's Office 13.2.1 CLK 19-14 - Committees of Council Additional Appointments Resolution # 18 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report CLK 19-14, Committees of Council Additional Appointments; AND THAT By-Law 4300 to amend Schedule A of By-Law 4247 be brought forward for Council consideration. Carried 13.3 Development and Communication Services Page 19 of 453 10 13.3.1 Report DCS 19-08 - Community Improvement Plan Application - 83 Rolph St (Phase 1) Cephas Panschow, Development Commissioner, provided an overview of Report DCS 19-08. The applicant, Andrew Teeple of Athon Construction and Development Corporation, was in attendance. Resolution # 19 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report DCS 19-08, Community Improvement Plan Application – 83 Rolph St (Existing Building); AND THAT the approval granted in 2018 to the previous owner, including Accessibility, Permit Fee Grant Back and Tax Increment Equivalent Grant Back Program, be transferred to Oxford Lofts Inc. Carried 13.4 Finance 13.5 Fire and Emergency Services 13.5.1 FRS 19-04 - Bayham Automatic Aid The Automatic Aid Agreement to be reviewed annually going forward. Resolution # 20 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report 19-04, Bayham Automatic Aid Agreement; AND THAT By-Law No. 4301 to Authorize an Automatic Aid Agreement be brought forward for Council consideration; AND THAT By-Law 3442 be repealed in its entirety. Carried 13.6 Operations Page 20 of 453 11 13.6.1 OPS 19-13 - Airport Feasibility Analysis RFP Terms of Reference Resolution # 21 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives Report OPS 19-13, Airport Feasibility Analysis RFP Terms of Reference; AND THAT Council approves the scope defined within the Draft Airport Feasibility Analysis Terms of Reference. Carried 13.6.2 OPS 19-14 - Results for RFP 2019-003 OSIM Inspections Resolution # 22 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report OPS 19-14, Results for RFP 2019- 003 OSIM Inspections; AND THAT Council awards RFP 2019-003 to G. Douglass Vallee Limited Consulting Engineers of Simcoe, ON at a cost of $107,680.60 (net HST included), the highest scoring proposal received. Carried 13.6.3 OPS 19-15 - Results for Tender RFT 2019-009 Ice Resurfacer Resolution # 23 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report OPS 19-15, Results for Tender RFT 2019-009 Ice Resurfacer; AND THAT Council awards Tender RFT 2019-009 to Resurfice Corporation of Elmira, ON at a cost of $97,790 the lowest bid received satisfying all tender requirements. Page 21 of 453 12 Carried 13.6.4 OPS 19-16 - Inter-Community Transit Coordinator Resolution # 24 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT Council receives Report OPS 19-16, Inter-Community Transit Coordinator, as information. Carried 13.6.5 OPS 19-17 Tillsonburg Airport Additional Funding Request Resolution # 25 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council receive Report OPS 19-17, Tillsonburg Airport Additional Funding Request; AND THAT Council allocate $50,000 of the one-time 2019 Federal Gas Tax top-up funding to the unfunded Airport related projects identified in the 2019 Operations Services Business Plan. Defeated 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-22 - F.A.R.E. Program Update Resolution # 26 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report RCP 19-21 – F.A.R.E. Program Update for information. Carried 14. New Business 15. Consideration of Committee Minutes Page 22 of 453 13 15.1 Committee Minutes Resolution # 27 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the Transit Committee Minutes dated April 16, 2019, the Memorial Park Revitalization Advisory Committee Minutes dated April 17, 2019, the Airport Advisory Committee Minutes dated April 18, 2019, the Museum Advisory Committee Minutes dated April 25, 2019, the Region Review Committee Minutes dated April 29, 2019, and the Parks, Beautification and Cemetery Advisory Committee Minutes dated May 2, 2019, as information. Carried 15.2 Tillsonburg Police Services Board Minutes Resolution # 28 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Tillsonburg Police Services Board Minutes dated January 17, 2018, June 20, 2018, August 15, 2018, September 19, 2018 and October 17, 2018, as information. Carried 15.3 Long Point Region Conservation Authority Board of Directors Minutes Resolution # 29 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Long Point Region Conservation Authority Board of Directors Minutes dated April 3, 2019, as information. Carried 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session Page 23 of 453 14 18. By-Laws 18.1 By-Law 4300, To Amend Schedule A of By-Law 4247, Committee Appointments 18.2 By-Law 4301, To Authorize an Automatic Aid Service Agreement with Bayham 18.3 By-Law 4302, To Appoint an Acting Fire Chief 18.4 By-Law 4303, To Amend Zoning By-Law 3295 (ZN 7-19-04) Resolution # 30 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT By-Law 4300 - To Amend Schedule A of By-Law 4247, Committee Appointments; By-Law 4301, To Authorize an Automatic Aid Service Agreement with Bayham; and By-Law 4302, To Appoint an Acting Fire Chief; AND By-Law 4303, to Amend Zoning By-Law 3295 (ZN-19-04) be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19. Confirm Proceedings By-law Resolution # 31 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT By-Law 4304, to Confirm the Proceedings of the Council Meeting held on May 13, 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 Page 24 of 453 15 A public Open House for the Regional Government Review is scheduled for Thursday, May 16, 2019 from 6:00 - 8:00pm in the Lion's Auditorium, Tillsonburg Community Centre. Those wishing to speak are encouraged to pre-register with the Town Clerk, as they will be given priority when speaking. Take a Hike Oxford, a promotion of the Oxford County Trails Festival, is scheduled for Sunday, June 2, 2019 in Tillsonburg, beginning at 12:30pm with the unveiling of a Memorial Bench, in memory of Councillor Brian Stephenson. A number of other activities are planned, ending at 4:00pm. Details can be found on the Town's website www.tillsonburg.ca May 21, 2019 between 2:00 - 4:00pm dogs from the Guide Dog School, along with their handlers, will be seen walking along Broadway, in the Town Centre Mall, and at various pet stores, to answer questions and educate the public on the valuable services they provide. 21. Adjournment Resolution # 32 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Council Meeting of Monday, May 13, 2019 be adjourned at 10:29 p.m. Carried Page 25 of 453 Draft Phase 1 Comprehensive Review (Updated Growth Forecasts & Land Supply) Paul Michiels –Manager of Planning Policy Community Planning Office Council -Town of Tillsonburg Page 26 of 453 Purpose of the Study Draft Phase 1 Comprehensive Review Provide up-to-date population, household and employment forecasts for the County and Area Municipalities for next 25+ years (to 2046) Inform Official Plan policies &other municipal initiatives Reviewed and updated approximately every 5 years Assess the adequacy of the land supply and identify potential growth land need Based on Provincial methodology & accepted practice Supply monitored/updated annually by CPO Page 27 of 453 Draft Findings –Growth Trends Draft Phase 1 Comprehensive Review Age Structure Population is aging –aging ‘baby boom’, in-migration of seniors & out- migration of young adults Without substantial in-migration population would begin to decline 100+ 95 -99 90 -94 85 -89 80 -84 75 -79 70 -74 65 -69 60 -64 55 -59 50 -54 45 -49 40 -44 35 -39 30 -34 25 -29 20 -24 15 -19 10 -14 5 -9 0 -4 0%1%2%3%4%5%1%2%3%4%5% 2006 Male 2006 Female 2016 Male 2016 Female HISTORICAL AGE STRUCTURE OXFORD COUNTY, 2006 & 2016 Source: Hemson Consulting Ltd. based on Statistics Canada data.Migration Recent high growth driven by in-migration (GGH & Middlesex) Retirees and commuters to nearby areas seeking more affordable housing & choice Page 28 of 453 Draft Findings –Growth Trends Draft Phase 1 Comprehensive Review Employment Growth Oxford has seen strong job growth compared to SW Ontario, particularly industrial Job growth balanced between industrial &“population related” jobs Housing Singles & semis will still dominate, but increase in townhouses and apartments Housing growth outpacing population growth due to aging 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Single/Semi Row Apt 2001 2016 Housing by Unit Type, Oxford County Page 29 of 453 Draft Findings -Forecasts Draft Phase 1 Comprehensive Review Considerably higher growth than previous forecasts County to add 18,300 households and 21,000 jobs by 2046 Continued high levels of net in- migration in short &medium term More modest growth longer term as population continues to age All municipalities in County to see substantial growth over the forecast period 2,540 1,580 2,045 2,250 2,705 3,980 3,100 3,080 3,020 2,640 2,520 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 1991-96 1996-01 2001-06 2006-11 2011-16 2016-21 2021-26 2026-31 2031-36 2036-41 2041-46 Historical & Forecast Total Housing Unit Growth, 1991 -2046County of Oxford 7,524 4,254 3,348 2,124 5,273 8,950 7,410 7,810 7,950 7,600 7,400 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 1991-96 1996-01 2001-06 2006-11 2011-16 2016-21 2021-26 2026-31 2031-36 2036-41 2041-46 Historical & Forecast Total Population Growth, 1991 -2046County of Oxford Page 30 of 453 Forecasts –Tillsonburg Draft Phase 1 Comprehensive Review Tillsonburg expected to see a considerable share of overall County growth By 2046 Tillsonburg to grow to a population of 22,200 Between 2016-2046 the Town is expected to add: 5,800 people 2,400 households 2,200 jobs Growth Type Forecast by 5 year Intervals -Tillsonburg Growth 2016-20462016202120262031203620412046 Population 16,310 17,380 18,280 19,240 20,240 21,220 22,150 5,840 Households 7,130 7,640 8,050 8,450 8,850 9,200 9,540 2,410 Employment 8,580 9,060 9,320 9,600 9,950 10,360 10,810 2,230 Page 31 of 453 Findings –Land Need Draft Phase 1 Comprehensive Review Study estimates land needed to accommodate 20-year growth (2019 to 2039) Focus on residential & industrial land in fully serviced settlements Some municipalities may require additional residential/employment land Will require additional study (Phase II) and, for some, boundary adjustments Tillsonburg’s estimated land supply Residential –66 net ha (163) surplus Industrial –24 net ha (60 ac) surplus Woodstock Ingersoll Tillsonburg Zorra South-West Oxford East Zorra-Tavistock Blandford-Blenheim Norwich Norwich Village Thamesford Embro Mt. Elgin Plattsville Drumbo Innerkip Tavistock Page 32 of 453 Study Process & Next Steps Draft Phase 1 Comprehensive Review Draft study developed in consultation with Technical Advisory Committee (TAC) Comprised of County and Area Municipal (AM) staff Many adjustments to reflect staff review & feedback Draft received by County Council at April 10th meeting Circulated to AMs &Province for review and comment Posted for public review http://www.oxfordcounty.ca/Your-Government/Speak-up-Oxford Review comments received and prepare final study report for County Council consideration Page 33 of 453 Page 1 of 8 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-19-07 – Larry French REPORT HIGHLIGHTS  The application for rezoning has been requested to permit the development of a single detached dwelling on the subject property. The subject property is currently split zoned ‘Future Development Zone (FD)’ and ‘Special Future Development Zone (FD-1)’, which permits a truck transport terminal in the existing industrial building on the southern portion of the subject lands. The applicant is proposing the construction of the single detached dwelling on the ‘FD’ portion of the subject lands, which is currently vacant.  Majority of the subject lands are affected by the Long Point Region Conservation Authority’s Regulation Limit, given the presence of Significant Valleylands and Erosion Hazard areas. Further, municipal water and sanitary services are not available to service the subject lands and as such, any future development would require the establishment of a private well and septic system.  Planning staff are not recommending approval of the application as it is not consistent with the policies of the Provincial Policy Statement and the County’s Official Plan respecting development on lands identified as natural hazard, and development on lands within a designated settlement area on private water and wastewater systems. DISCUSSION Background OWNER: Larry and Peggy French 10 Beth Court, Tillsonburg ON N4G 4N8 LOCATION: The subject lands are located on the east side of Cranberry Road, lying between Beckett Boulevard and Ostrander Road in the Town of Tillsonburg. The subject lands are legally described as Part Lot 3, Concession 10 (Dereham) and Parts 2 & 3, 41R-2226 and municipally known as 40 Cranberry Road, Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “C-1” County of Oxford Environmental Features Plan Significant Valleyland Page 34 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 2 of 8 Schedule “C-2” Schedule “T-1” Schedule “T-2” County of Oxford Development Constraints Plan Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan Erosion Hazard Open Space (with a small portion of the ‘FD-1’ zoned lands designated Residential) Open Space (with a small portion of the ‘FD-1’ zoned lands designated as Low Density Residential) TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Future Development Zone (FD) Special Future Development Zone (FD-1) – southern portion of the subject lands Proposed Zoning: Amended Special Future Development Zone (FD-1)’ – to permit a single detached dwelling on private services PROPOSAL: The purpose of the application is to rezone the subject lands to permit the development of a single detached dwelling, serviced by a private well and septic system. The subject lands, which currently contain an existing shop, are located within the Open Space designation of the Official Plan and are regulated by the Long Point Region Conservation Authority. These lands have also been identified as Significant Valleyland on the Oxford County Environmental Features Plan and Erosion Hazard on the Development Constraints Plan. The northern portion of the subject lands have also been identified as Significant Woodlands in the Oxford Natural Heritage Systems Study. The applicant is proposing the construction of the proposed dwelling approximately 195 m (640’) northeast of the existing industrial building on the subject lands. The subject lands consist of one parcel, approximately 9.2 hectares (22.7 ac) in size that has portions located within the Town of Tillsonburg and the Township of South-West Oxford. The portion of the lands located within the Town of Tillsonburg has an approximate area of 3.74 ha (9.23 ac), are irregular in shape and contain an existing industrial building. The applicant has indicated that the existing industrial building was formerly occupied as a truck transport terminal, but is currently being used for storage. The subject lands have approximately 20 m (66 ft) of frontage on Cranberry Road and contain an existing watercourse (Swance, Kellet & W.E. Russell Municipal Drain). Surrounding land uses are predominately agricultural to the north and east, future development lands within the Town to the south and east are currently in agricultural production. A number of residential uses are located to the south fronting on Cranberry Road. Page 35 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 3 of 8 Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo), provides an aerial view of the subject property. Plate 3, Applicant’s Sketch, shows the dimensions and layout of the subject lands, as well as the location of the existing shop and the proposed house. 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 provides that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted and that land use patterns within settlement areas shall be based on densities and a mix of land use which efficiently uses land and resources and are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion. Further, Section 1.1.3.6 of the PPS states that new development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, to allow for efficient use of land, infrastructure and public service. Section 1.6.6 of the PPS directs that when planning for sewage and water services, expected growth and development shall be directed in such a manner that promotes the efficient use and optimization of existing municipal sewage and water services and notes that municipal sewage and water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal services should be promoted, wherever feasible. Section 3.1 of the PPS also provides that development shall generally be directed to areas outside of hazardous lands adjacent to rivers, streams and small inland lake systems which are impacted by flooding hazards and/or erosion hazards, and that Planning authorities shall consider the potential impacts of climate change that may increase the risk associated with natural hazards. OFFICIAL PLAN: The majority of the subject lands (including the area proposed for development) are designated ‘Open Space’ in the County’s Official Plan. It is an objective of the Open Space designation to maintain and enhance important ecological functions such as the linking of Environmental Protection Areas, the storage and filtration of ground and surface water and soil conservation. The ‘Open Space’ designation applies to Regulatory Flood Plain areas, floodways, Conservation Authority lands and other public lands, as well as Earth Science Areas of Natural and Scientific Interest and parks, pathways, recreation areas and stormwater management facilities. Permitted uses on lands designated ‘Open Space’ within a designated settlement area shall be limited to; Page 36 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 4 of 8  Active and passive recreation, including hiking/cycling, pathways, parks, conservation areas, sports fields, golf courses, swimming areas, arenas and other leisure areas;  Enjoyment of the environment in its natural state including the conservation of soils, fisheries and wildlife and the preservation of natural features which are distinctive and/or valued by the community;  Enhancement of the urban environment through the introduction of greenspace areas, pathways and corridors into the built environment, and;  Structures that are accessory or ancillary to the ‘Open Space’ use, such as accessory residence, a golf “pro” shop, a clubhouse, refreshment stand, bleachers, swimming pool, change-house or structure that are integral to the recreational use of the land. The subject lands have been identified as Significant Valleylands according to the County Environmental Features Plan. Valleylands consist of natural areas occurring in a valley or other landform depression that has water flowing through or standing for some period of time. Where site alteration, development or a change in land use is proposed on lands designated Open Space or Significant Valleylands, an Environmental Impact Study (EIS) may be required to demonstrate the proposal will not result in a negative impact, unless the Conservation Authority having jurisdiction has indicated that an EIS is not required. The subject lands have also been identified as Erosion Hazard in the Official Plan. Erosion hazards mean the loss of land, due to human or natural processes, that pose a threat to life and property. The erosion hazard limit is determined using the one hundred year erosion rate and includes allowances for toe erosion, slow stability and access during emergencies. The erosion hazard component of river and stream systems is intended to address river and stream bank erosion as well as slope stability issues related to the valleys through which rivers flow. The intent of the Erosion Hazard policies is to permit development only where the effect of erosion hazards and unstable soils can be avoided. Land uses that are in conformity with the underlying land use designation (Open Space) may be permitted, subject to satisfying the policies of this section. The Official Plan also states in Section 4.2.2.5 that all new development in the large urban centres shall be fully serviced and shall be developed on centralized waste water and water supply facilities. Further, Section 5.5 of the Official Plan provides that it is a strategic aim of County Council to prepare water supply and waste water master plans to service anticipated growth in a cost effective manner and to identify and establish priorities for new services or expansions to existing services to provide development opportunities in each of the Area Municipalities, including the adoption of a hierarchy of preferred servicing options as a guide for managing growth in settlement areas based on environmental, technical and financial factors. As such, new development will be evaluated according to the following hierarchy of servicing options;  Extensions of servicing from a centralized water supply and waste water treatment facility;  Individual septic systems and private wells;  Extension of servicing from an existing centralized water supply system. New development shall be directed to areas that allow for extensions to existing water, sanitary sewage and storm water systems in an economic and practical manner within the financial capabilities of the County or Town. New development will generally be approved and permitted in stages of orderly progression from the termination of existing services. Page 37 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 5 of 8 TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is split zoned, with the area proposed for development within the Town of Tillsonburg being zoned ‘Future Development Zone (FD)’ and the area in which the existing industrial building is located being zoned ‘Special Future Development Zone (FD-1)’. The ‘FD’ zone permits a farm, a home occupation, a public use and an existing single detached dwelling and an existing accessory building, together with any alterations thereto made after the passing of the By-law that do not enlarge the size of the dwelling by more than 25%. Minimum lot area and frontage requirements for residential uses are those existing at the date of passing of the By-law, and the ‘FD’ zone requires a minimum front and rear yard depth of 7.5 m (24.6 ft), a minimum interior side yard of 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the other side where an attached garage is not provided. Special provisions for the ‘FD-1’ zone permit a truck transport terminal or yard and accessory uses, provided the use is restricted to the existing building and yard setbacks. The subject lands are approximately 9.2 ha (22.7 ac) in area, with approximately 3.78 ha (9.34 ac) located within the Tillsonburg Town Boundary and approximately 20 m (66 ft) of frontage on Cranberry Road. Any new development would be required to comply with the development standards of the ‘FD’ zone. Section 5.19 (Municipal Services) of the Town Zoning By-Law states: No land shall be used or built upon and no building or structure shall be erected, used or expanded for any purpose unless the land is serviced by municipal services (municipal water, sanitary sewers, drainage systems and improved streets) which meet the municipal standards in effect and have adequate capacity to service the use or development. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Long Point Region Conservation Authority has commented that they have no objection to the proposal, but have noted that the proposed dwelling location is within their regulation limit and as such a permit from their office will be required prior to any development. The Oxford County Public Works Department has indicated that there are no immediate plans to extend municipal services along Cranberry Road and although there does appear to be a water feed servicing approximately 4 homes in the vicinity, connection to this feed for the proposed development would not be mandatory, as it could result in pressure/servicing issues for the proposed dwelling or existing land uses in the area. The Tillsonburg Building Services Department has commented that the proposed on-site sewage disposal serving future development will require a site evaluation, as described in the Ontario Building Code to confirm that the proposed development can be served by an on-site sanitary sewage disposal system, as proposed. The site evaluation may be completed by any qualified professional engineer or installer/supervisor with the Province who is experienced in the design, installation, maintenance and/or operating of private on-site sanitary sewage disposal systems. Page 38 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 6 of 8 This Department has also commented that the applicant should be required to demonstrate viability for the provision of private water PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on April 30, 2019 and May 10, 2019. As of the writing of this report, no comments have been received from the public. Planning Analysis Planning staff have reviewed the proposed zone change application to permit the development of a single detached dwelling on the subject lands, and are of the opinion that the proposal is not consistent with the policy direction of the Provincial Policy Statement and the County Official Plan. The proposed zone change will result in the development of a new single detached dwelling, within the Town of Tillsonburg on private water and sanitary services that will be located on lands designated as Open Space and identified as Significant Valleylands and Erosion Hazards areas. Planning staff are of the opinion that the applicant’s request to permit one new single detached dwelling on the subject lands, which are located a significant distance from existing, serviced development within the Town boundary is contradictory to the policies of Section 1.1.3.6 of the PPS to permit new, compact development, adjacent to existing built up areas to allow for the efficient use of land. Further, the PPS provides that new development shall be directed in a manner that promotes the efficient use and optimization of existing municipal sewage and water services and staff note that the proposed dwelling, which will be required to be serviced by a private well and septic system, is not consistent with the policy direction of the PPS to utilize municipal water and wastewater services as the preferred form of servicing for settlement areas. Majority of the subject lands are designated as Open Space in the County Official Plan, and are further affected by Significant Valleylands and Erosion Hazards. Notwithstanding that no comments of concern were received from the Long Point Region Conservation Authority, it is the intent of the Official Plan to maintain lands designated for Open Space for their ecological functions and recreational opportunities and to avoid residential development, which is better suited to those lands designated for such purposes. With respect to comments received from the County of Oxford Public Works Department, it is noted that there are no immediate plans to extend municipal services along Cranberry Road that would be available to the applicant. As such, if approved, the proposed development must be serviced by a private well and septic system, which is also in contradiction to the policy direction of the Provincial Policy Statement and the County Official Plan for the development of new uses in the Town of Tillsonburg on private services. It is the intent of these policies, together with the provisions of Section 5.19 of the Zoning By-law, to ensure that new development is serviced by municipal water and wastewater services in an effort to maximize existing municipal infrastructure and avoid premature or unwarranted expansions. Approval of the applicant’s request would undermine these policies and may contribute to additional pressure for the premature extension of such services in the event that any of these private services were to fail. Page 39 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 7 of 8 In light of the above, Planning staff are not supportive of the applicant’s request to rezone the subject lands to permit the construction of a new single detached dwelling. Should Council see merit in the applicant’s proposal, the applicant should be required to demonstrate that on-site sewage disposal and the proof of potable water are available on the subject lands prior to the passing of an amending Zoning By-law, as noted by the Town Chief Building Official. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg not-approve the zone change application submitted by Larry French, whereby the lands described as Part Lot 3, Concession 10 (Dereham) and Parts 2 & 3 Plan 41R-2226, Town of Tillsonburg, known municipally as 40 Cranberry Road, are to be rezoned from ‘Future Development Zone (FD)’ and ‘Special Future Development Zone (FD-1)’ to allow for the development of a single detached dwelling on private services. SIGNATURES Authored by: Heather St. Clair, MCIP, RPP Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP Senior Planner Page 40 of 453 Report No: CP 2019-168 COMMUNITY PLANNING Council Date: May 27, 2019 Page 8 of 8 Report Approval Details Document Title: ZN 7-19-07_ Report.docx Attachments: - Plates Attachment.pdf - 7-19-07_appl-20190416.pdf - 7-19-07_appl-sketch20190416.pdf Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 12:57 PM Page 41 of 453 April 26, 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 2950 Notes NAD_1983_UTM_Zone_17N 147 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No. ZN 7-19-07 - French Part Lot 3, Concession 10 (Dereham), Part Lots 2 & 3, Plan 41R-2226, 40 Cranberry Road, Town of Tillsonburg Subject Lands Cranberry Road Beckett Blvd Township of South-West Oxford Page 42 of 453 April 26, 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 1470 Notes NAD_1983_UTM_Zone_17N 74 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Air Photo) File No. ZN 7-19-07 - French Part Lot 3, Concession 10 (Dereham), Part Lots 2 & 3, Plan 41R-2226, 40 Cranberry Road, Town of Tillsonburg Subject Lands Cranberry Road Township of South-West Oxford Page 43 of 453 Plate 3: Applicant's Sketch File No. ZN 7-19-07 - French Part Lot 3, Concession 10 (Dereham), Part Lots 2 & 3, Plan 41R-2226, 40 Cranberry Road, Town of Tillsonburg Page 44 of 453 ZN 7-19-07 Apr. 16/19 000220016 & Peggy wescotrailers@rogers.com Page 45 of 453 Page 46 of 453 Page 47 of 453 Page 48 of 453 Page 49 of 453 Page 50 of 453 Page 51 of 453 Page 52 of 453 Page 53 of 453 Page 1 of 11 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-19-06 – Retsinas (Tillsonburg Property Corporation) REPORT HIGHLIGHTS  The application for Zone Change proposes to rezone the subject property from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Bonus Zone (R3- sp)’ to facilitate the construction of 2 two-storey multiple unit dwellings, consisting of 28 apartment dwelling units.  Comments received through the agency circulation of the proposal will be addressed through the site plan approval process.  The applicant has applied to use the Bonusing Provisions of the Planning Act to permit increased residential density, in exchange for providing 25 affordable housing units.  Planning staff are recommending that the application be supported, as it is consistent with the policies of the Provincial Policy Statement and complies with the relevant policies of the Official Plan respecting intensification and provision of affordable housing within the Town of Tillsonburg. DISCUSSION Background OWNER: Peter Retsinas 124 Broadway, Tillsonburg ON N4G 3P8 APPLICANT: Tillsonburg Property Corporation 237 Appin Road, Glencoe, ON N0L 1M0 AGENT: Zelinka Priamo Limited 318 Wellington Road, London, ON N6C 4P4 LOCATION: The subject property is described as Part Lot 5, Plan 1646, and Parts 1, 3 & 8 of Reference Plan 41R-9148, in the Town of Tillsonburg. The lands are located on the south side of Concession Street West and north side of Wilson Avenue, between Hurley Avenue and Armstrong Drive, and are municipally known as 155 Wilson Avenue. Page 54 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 2 of 11 COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Low Density Residential Type 3 Bonus Zone (R3-sp) For Council’s information, a number of planning applications have been previously submitted for the subject property. The following is a brief overview of the application history: December 1985 Applications for Official Plan Amendment (10-65), Consent (B-163/85) and Zone Change (ZON 7-111) were submitted for the subject property and adjacent property to the west located at 65 Concession St W (at that time still joined as one property) to allow for the construction of a three storey, 23 unit apartment building on a 0.6 ha (1.49 ac) lot, with access onto Wilson Street. The applications for Official Plan Amendment, to designate the property 'Medium Density Residential', and Zone Change, from '(R1)' to '(R3)', were considered by Town Council on February 11th, 1986 and Oxford County Planning Committee on February 20, 1986. The application for zone change was denied by Town Council and, although recommended for approval by the County Planning Department and County Planning Committee, the Official Plan Amendment was denied by County Council at their meeting of February 26, 1986. The associated consent application was subsequently withdrawn by the owner. August 1986 An application for consent (B-62/86) was considered by the Oxford County Land Division Committee for the subject property & adjacent property at 65 Concession St West at their meeting of August 21, 1986. The application proposed to sever a 0.76 ha (1.88 ac) property, containing no buildings or structures and retain a vacant 0.25 ha (0.62 ac) property, containing an existing dwelling (immediate lot to the west of the subject lands). The application was granted by the committee and the parcel was subsequently created. August 1991 Two applications for consent (B-3/90 & B-20/90) were considered by the Oxford County Land Division Committee for the subject property at their meeting of August 15, 1991. The owners proposed to create two 710.7 m2 (7,650.2 ft2) residential building lots fronting on Wilson Avenue and retain an approximately 0.6 ha (1.5 ac) lot containing no buildings or structures. The Oxford County Land Division approved application B-3/90 (westerly lot) and denied B-20/90 (easterly lot) stating that it was premature and might jeopardize future development of the lot to be retained. The applicant did not fulfil the required conditions of approval within the one year time frame and the approval lapsed. Page 55 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 3 of 11 April 1993 An application for consent (B-13/93) was considered by the County Land Division Committee at their meeting of April 7, 1993. Similar to the previously lapsed application B-3/90, this application proposed to sever a 696.8 m2 (7,500.5 ft2) residential building lot fronting on Wilson Street and retain a 0.67 ha (1.67 ac) lot containing no buildings or structures (subject lands of the current application). The application was granted and the lot was subsequently created and a single detached dwelling constructed in 1999 (163 Wilson Street). November 2002 A zone change application was submitted seeking to rezone the subject lands & adjacent parcel to the east at 65 Concession St W from ‘R1’ to ‘R3-sp’ to permit the development of a residential condominium consisting of 16 one storey cluster dwellings. Town Council considered the application on November 25, 2002 and deferred the application to allow the owner to submit a formal site plan application to address traffic, slope stability, servicing and site design issues. A formal site plan application was never submitted. October 2013 In August 2013 four severance applications (B13-22-25-7) were submitted to create two vacant residential building lots on the north side of Wilson Avenue, and to permit a lot addition to provide additional area for access to a vacant residential parcel (current subject property). The consent applications were approved by the Oxford County Land Division Committee on October 3, 2013. The owner satisfied the conditions of consent and the lots and lot additions were finalized. August 2014 In August 2014 a zone change application (ZN 7-14-10) was submitted by the owner of the property to rezone the current subject property from ‘R1’ to ‘R3-sp’ to permit the development of 12 condominium townhouses, fronting on a private street. The application was circulated for comments, however a detailed site plan was not provided to determine zoning compliance and the file was closed in 2015 after the required information was not provided. The application did not proceed to a public meeting. The applicant of the current application (Tillsonburg Property Corporation) has conditionally purchased the property from the owner, subject to this zoning by-law amendment application being successful. PROPOSAL: The current application for Zone Change proposes to rezone the lands to ‘Special Low Density Residential Type 3 Bonus Zone (R3-sp)’ to facilitate the construction of 2, two-storey multiple unit dwellings, consisting of 28 apartment dwelling units. The applicant has also requested a reduced minimum lot area per dwelling unit, a reduced separation between the two multiple unit dwelling buildings, special provisions to permit two buildings with 14 units in each building, and to recognize the existing lot frontage on Wilson Avenue. For Council’s information, the proposed development will consist of 25 affordable housing units and 3 market rate units. The applicant received a commitment for funding for the affordable Page 56 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 4 of 11 housing units from Oxford County through the Federal/Provincial Investment in Affordable Housing program, the Ontario Housing Priorities Initiative, and Oxford County Housing reserve. The applicant will be required to enter into an agreement with the County of Oxford to ensure the 25 units remain affordable for a minimum of 20 years. The requested funding is to be used to reduce the cost to create 25 affordable rental units, with rents to be 80% of the average market rent. An October 2018 Canadian Mortgage and Housing Corporation (CMHC) report estimated the average monthly market rent in Tillsonburg to be $652 for a bachelor apartment, $750 for an one bedroom apartment, $877 for a two bedroom apartment, and $939 for a three bedroom apartment. The applicant has requested the proposed number of units on the lands under the Bonusing Provisions of the Planning Act (Section 37) & Section 10.3.10 of the Official Plan to facilitate the development of an affordable housing project in exchange for increased residential density on the subject lands. Surrounding land uses include low density residential uses to the west and south, with ravine lands to the north and east. 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 Site Plan, depicts the proposed location and site design of the development. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential (including second units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost-effective development that minimizes land consumption and servicing costs. 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. Land use patterns within settlement areas shall be based on:  densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available;  support active transportation;  efficiently use land and resources;  a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Page 57 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 5 of 11 Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well- being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject property is designated Low Density Residential as per Schedule T-2, Residential Density Plan for the Town of Tillsonburg, as contained in the Oxford County Official Plan. Section 8.2.1 of the Official Plan (Housing Development and Residential Areas - Strategic Approach) identifies a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". The strategies developed to achieve this goal include:  Accommodating the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces;  Facilitating a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town;  Increasing the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced;  Promoting and facilitating the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. The policies contained within Section 8.2.2.2 – Tenure Mix, provides that Town Council shall encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. Such encouragement will include the provision of opportunities for the development of a variety of housing forms in newly developing areas and by permitting sensitive infilling and accessory apartments in built-up areas. Policies contained within Section 8.2.2.5 – Residential Intensification and Redevelopment, promote residential intensification in appropriate locations to make more efficient use of existing Page 58 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 6 of 11 land, infrastructure, and public services. Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. Section 10.3.10 of the Official Plan includes policies which relate to ‘bonus zoning’. Under the provisions of the Planning Act, a municipality may include zoning regulations that permit increases to height and density limits applicable to a proposed development in return for such facilities, services or matters as set out in the By-law. The facilities, services or matters that would be provided in consideration of density bonus should be reasonable, in terms of cost/benefit implications for both the municipality and the developer and must result in a benefit to the general public and/or an enhancement of the design or amenities of a development to the extent that a greater density or height is warranted. Also, the height or density bonus received should not result in a scale of development that is incompatible with adjacent uses or exceeds the capacity of available municipal services. Area Councils may pass By-laws providing for bonusing to achieve, among other objectives, support for the development of affordable housing and the preservation of structures and/or districts identified as architecturally and/or historically significant by the municipality. As a condition of the application of bonus zoning provisions to a proposed development, the owner of the subject land will be required to enter into an agreement with the Town to be registered against the title to the land. The agreement will set out the facilities, services or matters that are to be provided, the timing of their provision and the height or density bonus to be given. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. The R1 zone permits a single detached dwelling and accessory uses thereto. The applicant is proposing to rezone the subject property to ‘Special Low Density Type 3 Bonus Zone (R3-sp)’ to facilitate the construction of two multi-unit dwellings, consisting of 28 apartment units. The proposal requires the relief detailed below: Provision Required Proposed Minimum Lot Area per Unit 330 m2 (3,552.21 ft2) 212.26 m2 (2,284.79 ft2) Minimum Lot Frontage 20 m (65.6’) 10.68 m (35.05’) Distance Between Buildings 12.5 m (41’) 7.59 m (24.9’) Number of Dwellings or Dwelling Units, Maximum 4 units in 1 building (max) 14 units in 2 buildings (max) The purpose of the minimum lot area and maximum number of dwellings per building and buildings per lot provisions of the Zoning By-Law is to ensure that the density of the development is appropriate, and there is sufficient space for parking, amenity areas, access, and a suitable building envelope to ensure the development will function appropriately. The purpose of the minimum lot frontage provisions is to ensure that the subject lands have sufficient frontage on an open and maintained public street to provide adequate driveway widths and emergency access. In this instance, notwithstanding the 75 m of frontage that the subject Page 59 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 7 of 11 lands appears to have on Concession Street West, there is a 0.3 m reserve (Part 3 of 41R-3452) that precludes direct access to Concession Street West. The purpose of the 0.3 m reserve is to restrict access due to poor sightlines. The provisions of the R3 zone (Section 8.2.1) require that where more than one multiple unit dwelling is erected on a lot, the minimum distance between the exterior walls of two multiple unit dwellings shall be 12.5 m (41’). In this instance, the applicant is proposing to construct the buildings with a setback of 7.5 m (24.6’). The proposed site plan submitted by the applicant appears to comply with the other provisions of the zoning by-law, including required landscaped open space, maximum permitted lot coverage, required amenity area, required front yard depth, interior side yard width, and rear yard depth provisions of the R3 zone. Section 5.24.2.1 of the Zoning By-Law requires 1.5 parking spaces per dwelling unit, or 42 parking spaces for the 28 proposed apartment dwellings, including 2 accessible parking spaces. The 1.5 spaces per dwelling unit includes visitor parking requirements. Parking areas are required to be at least 1.5 m (5 ft) from interior lot lines. The applicant’s proposal satisfies the parking requirements. AGENCY COMMENTS: The proposal was circulated to various public agencies considered to have an interest in the application. Bell Canada indicated that they have no comments at this time. Town of Tillsonburg Building Services indicated that the owner provide OBC spatial separation / limiting distance calculations prepared by an architect to verify Ontario Building Code setback requirements between buildings A, B, &C. The length of the fire route turnaround to be verified by Tillsonburg Fire Services through the site plan approval process. The project will be subject to site plan control. Oxford County Public Works Department indicated that they had no comments on the zoning by- law amendment. Servicing comments will be provided once a site plan submission has been made. Town of Tillsonburg Engineering Services Department indicated that matters such as lot grading, servicing, drainage, and stormwater management will be addressed at the site plan stage. A traffic impact study will be required through the site plan approval process. Town Development Commissioner provided the following comments: Despite the significant increase in density, I support the applicant based on the suitable site plan and the use of an irregularly shaped site in a way that mitigates the impact on the neighbouring properties. The sloped nature of the site and the access to Concession St W mitigates the impact to the neighbourhood. This development is reminiscent of how mixed use communities are developed. Further, while the Tillsonburg rental market has historically experienced low vacancy rates, the availability of affordable housing is even lower. Supporting this project will significantly increase the supply of affordable housing in the Tillsonburg market and help at a time when housing prices are at an all-time high. Page 60 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 8 of 11 PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners within 120 m (400’) on two occasions, April 18, 2019 & May 10, 2019. Planning staff responded to queries about the proposal from a number of residents who reside in the Hickory Hills community to the south. A number of residents expressed concerns with the proposed access and density of the development; written comments received are attached to this report. The applicant also hosted a community open house, on May 14, 2019. Invitations were sent to the adjacent residents who received notice of complete application and notice of public meeting by mail, within 120 m (400’) of the subject lands. Planning Analysis The application for Zone Change proposes to rezone the lands to ‘Special Low Density Residential Type 3 Bonus Zone (R3-sp)’ to facilitate the construction of 2, two-storey multiple unit dwellings, consisting of 28 apartment dwelling units. The proposed development of the subject lands will provide more housing choice for the residents of Tillsonburg and is considered to be an efficient use of the lands, municipal services and infrastructure. It is the opinion of this Office that the subject application is consistent with the housing, intensification, and redevelopment policies of the PPS. Additionally, staff are of the opinion that this proposal will assist in providing a mix of housing types and tenures for current and future residents of the Town. The proposal complies with the policies contained within Section 8.2.2.2 of the Official Plan that encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. The proposal is also consistent with the policy direction within Section 8.2.2.5 that promotes residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. The subject lands comprise approximately 0.59 hectares (1.47 ac) and the applicant’s proposal is to develop 28 residential units on the site. As such, the proposal constitutes a net residential density of approximately 47 units/ha (19 units/ac), which exceeds the low density range provisions of 30 units/ha (12 units/ac). That being said, Town Council in accordance with the density bonus policies, may allow an increase in the density of development beyond the limit otherwise permitted in return for the provision of affordable housing. The Official Plan recognizes the importance of increasing the supply of affordable housing within Tillsonburg and directs that the Town may consider the use of reduced municipal infrastructure requirements and lot standards on a site-specific basis to facilitate the delivery of affordable housing provided that the use of such measure continues to meet the overall objectives of the Plan. In light of the foregoing, this Office is of the opinion that the consideration of the applicant’s proposal in the context of bonus zoning provisions of the Official Plan is appropriate. The applicant has indicated that the proposed development will be financed through federal, provincial and County funding administered by the County of Oxford. Matters related to securing the development for affordable housing can be addressed through a development agreement against Page 61 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 9 of 11 the title of the lands in accordance with the provisions for bonus zoning as contained in the Planning Act. The proposed multiple-unit dwelling buildings will be a low-rise type of development, consisting of two 2-storey buildings with 14 units that will each have separate exterior entrances. The buildings will be a mix of one and two bedroom units, with a separate shared building for laundry and mechanical facilities. The applicant has not sought any relief to the maximum permitted height provisions of the R3 zone, and the proposed building has a height of 7.47 m (24.5’), less than the maximum permitted height of 11 m (36’). The buildings are proposed to be situated 24.8 m (81.4’) from the common lot line with existing residential development to the south, fronting on the north side of Wilson Avenue, and the proposed parking area can accommodate all required parking and appears to meet all provisions for parking areas. Through the site plan process issues relating to lot grading and drainage, servicing, fencing and landscaping will be addressed to the satisfaction of the Town. Given the modest height of the buildings, and their separation from the low density uses to the south, and the 2.0 m (6.6’) planting strip for fencing and landscaping adjacent to the common lot line, planning staff do not anticipate that the development will have adverse impacts on surrounding existing residential uses. Planning staff are of the opinion that the reduced minimum lot area, reduced lot frontage, reduced separation between buildings and increased dwelling units per building necessary to facilitate the development are appropriate and should be given favourable consideration. The lot area provisions are typically designed to ensure that the density is appropriate and there is sufficient space for all buildings and structures, parking and adequate space for landscaping. In this instance, the applicant has provided a proposed site plan demonstrating that all required parking can be accommodated on site, and amenity areas will remain to the north on the remaining table land between the proposed buildings and Concession St W. The applicant proposes to recognize the existing frontage on Wilson Avenue, which will serve as the sole access to the site. The lands also would appear to have approximately 75 metres (246’) of frontage on Concession Street West, however there is a 0.3 m reserve that is owned by the Town of Tillsonburg that restricts access to Concession Street West due to the topography of the site and the grade and poor sightlines of Concession Street. The frontage of 10.88 m (36’) is anticipated to be wide enough to accommodate the required 7.3 m (24’) aisle width for driveway access, and the 1.5 m (4.9’) setback from the interior lot lines. The provisions of the R3 zone permit one multiple unit dwelling consisting of 4 dwelling units, and Section 8.2.1 requires that where more than one multiple unit dwelling is erected on a lot, the minimum distance between the exterior walls of two multiple unit dwellings shall be 12.5 m (41’). In this instance, the applicant is proposing to construct the buildings with a setback of 7.5 m (24.6’). Planning staff are of the opinion that this is appropriate in this instance due to the shape of the subject lands, and the required solar orientation (east-west) for the rooftop solar that is part of the passive house design for energy efficiency. Having separate smaller buildings would make meeting the energy efficiency requirements of the passive house design very difficult to meet. Additionally, given the topography of the site, increasing the separation between the buildings while maintaining the required interior side yard width and the east-west orientation would not be possible. The applicant will be required to provide confirmation from an architect that the reduced setback between buildings is will not create any concerns with respect to the spatial separation and limiting distance requirements of the Ontario Building Code. Page 62 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 10 of 11 In light of the foregoing, this Office is satisfied that the applicant’s proposal to rezone the subject lands to facilitate the development of two 2-storey, multiple unit dwellings with 28 residential units is consistent with the PPS and maintains the general intent and purpose of the Official Plan. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve-in-principle the zone change application submitted by Tillsonburg Property Corporation, whereby the lands described Part Lot 5, Plan 1646, and Parts 1, 3 & 8 of Reference Plan 41R-9148 known municipally as 155 Wilson Avenue are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Bonus Zone (R3-sp)’ to facilitate the development of two, 2-storey multiple unit dwellings consisting of 28 apartment dwelling units. AND FURTHER THAT Town Council authorize the Mayor and Clerk to enter into an agreement with Tillsonburg Property Corporation under Section 37(3) of the Planning Act regarding the provision of 25 affordable housing units at 155 Wilson Avenue in the Town of Tillsonburg. SIGNATURES Authored by: original signed by Eric Gilbert, MCIP RPP Senior Planner Approved for submission: original signed by Gordon K. Hough, RPP Director Page 63 of 453 Report No: CP 2019-142 COMMUNITY PLANNING Council Date: May 27, 2019 Page 11 of 11 Report Approval Details Document Title: ZN 7-19-06_ Report.docx Attachments: - Report Mapping.pdf - 7-19-06-appl-20190410.pdf - 7-19-06-planning_justification_report-20190410.pdf - 7-19-06_public_comments-20190521.pdf Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 1:04 PM Page 64 of 453 April 10, 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 1020 Notes NAD_1983_UTM_Zone_17N 51 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 7-19-06: Peter Retsinas (Akubuilt Construction) Part Lot 5, Plan 1646, Part Lot 52, Plan 41M-88, Parts 1,3 & 8 of 41R-9148, 155 Wilson Avenue, Town of Tillsonburg Subject Property Concession Street West Wilson Avenue Hurley Avenue Armstrong Drive Charlotte Avenue Page 65 of 453 April 10, 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 510 Notes NAD_1983_UTM_Zone_17N 26 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 2: 2015 Aerial Map File No: ZN 7-19-06: Peter Retsinas (Akubuilt Construction) Part Lot 5, Plan 1646, Part Lot 52, Plan 41M-88, Parts 1,3 & 8 of 41R-9148, 155 Wilson Avenue, Town of Tillsonburg Concession Street West Wilson Avenue Armstrong Drive Subject Property Page 66 of 453 Plate 3: Applicant's Site Plan File No: ZN 7-19-06: Peter Retsinas (Akubuilt Construction) Part Lot 5, Plan 1646, Part Lot 52, Plan 41M-88, Parts 1,3 & 8 of 41R-9148, 155 Wilson Avenue, Town of Tillsonburg Page 67 of 453 ZN 7-19-06 Apr. 10/19 Apr. 10/19 000300974 155 timz@akubilt.ca Page 68 of 453 Page 69 of 453 X B13-23-7 B13-24-7 B13-25-7 Approved Page 70 of 453 Page 71 of 453 Page 72 of 453 Planning Justification Report 150 Wilson Avenue -Tillsonburg ON Tillsonburg Properties Corp. April, 2019 Table of Contents 1.0 INTRODUCTION ......................................................................................................... 3 2.0 THE SUBJECT LANDS ............................................................................................... 3 2.1 Surrounding Land Uses ............................................................................................... 4 3.0 PROPOSED DEVELOPMENT .................................................................................... 5 4.0 PROPOSED APPLICATION ....................................................................................... 8 5.0 PLANNING DOCUMENT REVIEW AND ANALYSIS .................................................. 9 5.1 2014 Provincial Policy Statement (PPS) ...................................................................... 9 5.2 County of Oxford Official Plan .................................................................................... 10 5.2.1 County of Oxford Official Plan Policies ............................................................ 10 5.2.2 Town of Tillsonburg Land Use Policies ............................................................ 12 5.3 Analysis of the Town of Tillson burg Zoni ng By-Law ................................................... 21 5.4 Servicing .................................................................................................................... 22 6.0 CONCLUSIONS ........................................................................................................ 23 Zelinka Priamo Ltd. Page 2 Page 73 of 453 Planning Justification Report 150 Wilson Avenue-Ti/lsonburg ON Ti/lsonburg Properties Corp. 1.0 INTRODUCTION April, 2019 An application has been submitted by Tillsonburg Property Corp. ('TPC') to the Town of Tillson burg to amend the Zoning By-law to permit affordable housing in the form of multiple-unit residential buildings on lands fronting on the north side of Wilson Avenue, between Hurley Avenue and Armstrong Drive, known municipally as 150 Wilson Avenue in the Town of Tillsonburg ("subject lands"). The intent of the proposed Zoning By-law Amendment is to seek approvals to allow for two, 2- storey multiple-unit residential buildings containing a total of 28 units to provide for affordable housing, consistent with the Bonus Zoning provisions in the Official Plan. The purpose of the following land use planning justification report is to evaluate the proposed Zoning By-Law Amendment, within the context of existing land use policies and regulations, including the Provincial Policy Statement ("PPS"), the County of Oxford Official Plan, and the Town of Tillsonburg Zoning By-law. 2.0 THE SUBJECT LANDS The subject lands are located between Concession Street West to the north and Wilson Avenue to south; between Hurley Avenue to the west and Armstrong Drive to the east. The subject lands have a frontage of approximately 10.7 metres (35.13 ft) along Wilson Avenue and, and a frontage of approximately 73.4 metres (240.83 ft} along Concession Street West; and have an approximate area of 0.59 hectares (1.47 acres) (see Figure 1 ). The subject lands do not contain any significant natural features or vegetation; are currently vacant but have an existing access point for vehicular access off of Wilson Avenue. The elevation of the subject lands increases significantly from Concession Street and gradually levels off towards Wilson Avenue. Zelinka Priamo Ltd. Page 3 Page 74 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. Figure 1: The Subject Lands 2.1 SURROUNDING LAND USES April, 2019 The immediate surrounding land uses consist of low density residential to the north, south, and west; and open space (Cedar Creek & trail system to the north and east. Further north (across Concession Street) are low density residential and institutional uses (Glendale High School, Tillsonburg Community Church); further west is low density residential and institutional (Westfield Public School, Tillsonburg Christian Reformed Church); further south is low density residential; and further east is the main commercial district for the Town of Tillsonburg (see Figure 2). Zelinka Priamo Ltd. Page 4 Page 75 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. Figure 2: Surrounding Land Uses April, 2019 Concession Street is classified as an Arterial Road, and Wilson Avenue is classified as a Local Road within the Town of Tillsonburg Official Plan. The subject lands are within convenient walking distance to restaurants, recreational uses, institutional uses, and a wide range of commercial business and services along Broadway Street. 3.0 PROPOSED DEVELOPMENT The proposed development of the subject lands would allow for two, 2-storey multiple-unit residential buildings to provide affordable housing (Figures 3 & 4). The proposed multiple-unit buildings would contain a total of 28 residential units, consisting of one and two bedroom units. Due to the significant increase in topography between the subject lands and Concession Street West, the proposed development, including site access and main building entrances, is directed towards Wilson Avenue. 42 parking spaces, including 6 accessible spaces will be provided at grade south of the proposed buildings, adjacent to the rear yards of the single-detached dwellings that front on to Wilson Avenue. Zelinka Priamo Ltd. Page 5 Page 76 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. Q..j$.ti)Q (U.M11"1.~ ---- ,_ Figure 3: Conceptual Site Plan Zelinka Priamo Ltd. --~'·"J ~---- ---I 1 LOT 23 I tor n I HEGlS Jr,R[[) I --~ ..... - 101 PLAN 21 I I LOr 20 I I 41 M __ L __ April, 2019 Page 6 Page 77 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Til/sonburg Properties Corp. Figure 4: Conceptual 30 Renderings April, 2019 Outdoor common amenity space opportunities exist between, as well as to the north of, the proposed buildings. Pedestrian entrances can be accessed directly from Wilson Avenue, and from the front parking area. Zelinka Priamo Ltd. Page 7 Page 78 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 Garbage and recycling disposal are provided via in-ground molok cylinders at the west end of the site. Laundry facilities are provided in a stand-alone mechanical/laundry building between the two multiple-unit buildings. More technical details for the proposed development in terms of landscaping/buffering, fencing, lighting, building materials will be more appropriately addressed through a future Site Plan Approval process, to the satisfaction of the Town of Tillsonburg. 4.0 PROPOSED APPLICATION The proposed development requires a Zoning By-law Amendment ("ZBA") for the subject lands to be re-zoned from Low Density Residential-Type 1 (R1) and Low Density Residential-Type 1 Special Provision (R1-3), to a Low Density Residential -Type 3 Special Provision Bonus Zone (R3-_/B-_) to permit two 2-storey multiple-unit residential buildings that would provide affordable housing units. The required bonusing and site specific provisions are noted in the following full Zoning Data table: Low Density Residential (R3) Required Proposed Lot Area Per Unit 330 m2 (minimum) 212.26 m2* Lot Frontage 20 m (minimum) 10.683 m** Lot Depth 30 m (minimum) 67.908 m Front Yard Setback 7.5 m (minimum) 55.39 m Interior Side Yard Depth 4.5 m (minimum) 5.3m (west) Interior Side Yard Setback (east) 4.5 m (minimum) 5.89 m Rear Yard Depth 10.5 m (minimum) 25.19 m Setback to Arterial Road 20.5 m (minimum) 35.44 m Lot Coverage 40% (maximum) 16.15% Height 11.0 m (maximum) 7.47 m Landscaped Open Space 30% (minimum) 52.71% Zelinka Priamo Ltd. Page 8 Page 79 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. No. of Dwellings Units Per Building Gross Floor Area Per Unit Amenity Area Per Unit Distance Between Buildings Density (28 units) Parking Spaces *Denotes Bonus Zone provisions **Denotes Site-specific provision April, 2019 4 in 1 Building (maximum) 14 units x 2 Buildings* n/a 54.0 m2 48.0 m2 (minimum) 111.9 m2 12.5 m (minimum) 7.59 m* 30 units per hectare 48 uph* 42 spaces (1 .5/unit) 42 spaces 5.0 PLANNING DOCUMENT REVIEW AND ANALYSIS 5.1 2014 PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning Act "provides policy direction on matters of provincial interest related to land use planning" in order to ensure efficient, cost-efficient development and the protection of resources. All planning applications, including ZBA applications, are required to be consistent with these policies. The proposed ZBA to permit multiple-unit residential buildings on the subject lands is consistent with the PPS for the following reasons: • The subject lands are located within a built-up area and are proposed to be connected to municipal services (Sections 1.1.3.1 and 1.1.3.2) and, as such, the proposed development promotes cost-effective development to minimize land consumption and servicing by utilizing existing facilities (Sections 1.1.1.e and 1.6.6.2); • The proposed development is considered residential intensification under the PPS, as it will take place on lands that are vacant and underutilized, and which makes efficient use of land and existing and planned services and will not create undue adverse impacts on surrounding uses (Sections 1.1.3.3, 1.1.3.4, 1.4.1, and 1.4.3); • The proposed development provides housing consistent with affordable housing needs in the Town of Tillsonburg in an underutilized location well suited for increased density (Sections 1.1.1.b), 1.4.1, and 1.4.3.); Zelinka Priamo Ltd. Page 9 Page 80 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 • The proposed development and the intended users will make efficient use of existing and planned transportation infrastructure and is well suited to promote active transportation (Sections 1. 6. 7. 2, 1. 6. 7.4, and 1. 6.7. 5). 5.2 COUNTY OF OXFORD OFFICIAL PLAN 5.2.1 County of Oxford Official Plan Policies The County of Oxford Official Plan ("OP") provides broad policies regarding various land uses within Oxford County and its various municipalities, as well as more detailed policy guidance for the local area municipalities. Decisions regarding land use in the Town of Tillsonburg must be consistent with the OP. According to Section 2.1.1 (Growth Management) of the OP, "Settlements will be required to develop land use patterns, and a mix of uses and densities that efficiently use land and resources, are appropriate for, and efficiently use, existing or planned infrastructure and public service facilities, support active transportation and existing or planned transit, are freight-supportive, minimize negative impacts to air quality and climate change and promote energy efficiency." "Intensification will be promoted in appropriate locations within settlements, particularly those serviced by centralized wastewater and water supply facilities ... A minimum target of 15 percent of all new residential dwelling units created within the Large Urban Centres shall occur by way of residential intensification over the planning period." "All forms of housing required to meet the social, health and well-being needs of current and future residents will be permitted and facilitated in appropriate locations throughout the County. A minimum target of 20 percent shall be established as the proportion of all housing in the County which is to be affordable housing." According to the OP, residential intensification means "the intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) the creation of new units, uses or lots on previously developed land in existing settlement areas, including the redevelopment of brownfield sites; b) the development of vacant and underutilized lots; c) infill development; d) the conversion or expansion of existing industrial, commercial or institutional buildings for residential use; and Zelinka Priamo Ltd. Page 10 Page 81 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 e) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, secondary suites and rooming houses." Response to Section 2.1.1 : The proposed development of two multiple unit buildings consisting of 28 units represents residential intensification and will provide affordable housing on the subject lands which will assist the Town in meeting both its residential intensification and affordable housing targets. The proposed development will take place on lands that are vacant and underutilized; will make efficient use of existing municipal infrastructure; and will support active transportation. The Town of Tillsonburg is designated as a "Large Urban Centre" in Schedule C-3 (Settlement Strategy Plan) in the OP (Figure 5). Development within the Town of Tillson burg is subject to the policies of Chapter 8 of the OP, and the following: "All new development in the large urban centres shall be fully serviced and shall be developed on centralized waste water and water supply facilities." (Section 4.2.2.5) Response to Section 4.2.2.5: The subject lands will have access to full municipal services. SCilfOUI.E'c-3" COUNTY OF OXFORD SETTI.£,1/ENT STRATEGY PLAN SETTLEMENT SlRAIEG'f' P\AH LEGEND Figure 5: Excerpt from Oxford County Official Plan-Schedule C-3: Settlement Strategy Plan Zelinka Priamo Ltd. Page 11 Page 82 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. 5.2.2 Town of Tillsonburg Land Use Policies April, 2019 Chapter 8 of the OP provides general policy direction and a long-range planning framework for the Town of Tillsonburg. The following policies are applicable to the proposed development: According to Section 8.1.1 (Municipal Planning Strategy), one of the goals that serves as a general guideline for detailed policy development is that, "Tillsonburg aims to be one of the most attractive residential communities in Southern Ontario, with local government committed to the needs of the community, providing residents and their families with an enriched and secure quality of life." Section 8.2.1 of the OP (Housing Development and Residential Areas -Strategic Approach) expands on the above-stated goal by setting out a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". The strategies developed to achieve this goal include: "Accommodate the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces." "Facilitate a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town." "Increase the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced." "Promote and facilitate the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives." Zelinka Priamo Ltd. Page 12 Page 83 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 "Promote the concepts of compact urban form and intensification as means of maximizing the use of existing services, promoting energy efficiency and protecting agricultural lands and natural areas." Response to Sections 8.1.1 & 8.2.1: The proposed development of two multiple unit buildings consisting of 28 units represents residential intensification, in the form of affordable housing, on the subject lands which will assist in providing a choice, variety, and mix of housing type, tenure and cost within the Town. The increase in supply of affordable units will assist the Town meeting its affordable housing targets. The development will take place in a compact form (multiple unit dwellings) on lands that are vacant and underutilized; and will make efficient use of existing municipal infrastructure. The OP provides incentives for affordable housing through Bonus Zoning provisions, whereby increases in height and density can be achieved in return for the provision of affordable housing. Section 8.2.2.1 of the OP contains the following policies regarding Affordability: "Opportunities for the development of housing types to meet the needs of low and moderate income households will be provided by: • facilitating the creation of new dwelling units through development and particularly through residential intensification; • designating sufficient lands on a Town-wide basis for multiple unit accommodation to meet projected housing needs; • establishing a minimum target of 20 percent as the proportion of all housing within the County which is to be affordable housing." Town Council "shall ensure that opportunities exist to increase the variety and afford ability of dwelling types in the built-up portion of the Town by permitting appropriate forms of residential intensification". Town Council "may consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, to facilitate the delivery of affordable housing while still meeting the overall objectives of the Plan." Town Council, under the increased density provisions of the Planning Act may provide increases in height and/or density of development in return for affordable housing as set out in Chapter 10, Implementation Measures. Zelinka Priamo Ltd. Page 13 Page 84 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 Response to Section 8.2.2.1: The proposed development of two multiple unit buildings consisting of 28 units represents residential intensification, in the form of affordable housing, on the subject lands which will assist the Town in meeting both its residential intensification and affordable housing targets. The LOR designation permits multiple unit buildings, subject to satisfying certain criteria (discussed later in this Report). As previously noted, a ZBA to permit multiple unit dwellings together with site-specific regulations to address reduced lot frontage will be required for the proposed development. However, it is important to note that the subject lands are of sufficient size and configuration to accommodate the proposed development, as well as required parking, outdoor amenity space, landscaping, etc. Additionally, bonusing provisions are being sought to permit two multiple unit dwellings on the subject lands at a density of 48 units per hectare; reduced lot area per unit; and reduced setback between multiple unit dwellings, in return for affordable housing. Approval of the proposed ZBA will increase the variety and affordability of dwelling types within the Town. Section 8.2.2.2 of the OP contains the following policies regarding Tenure Mix: "To maintain an appropriate supply of affordable rental and ownership housing in the Town of Til/sonburg while recognizing that this housing needs to be suitably maintained and adequate for habitation." Response to Section 8.2.2.2: The proposed development will add to the supply of affordable rental housing in the Town of Tillsonburg and will be operated and maintained by the proponent. Section 8.2.2.5 of the OP contains the following policies regarding Residential Intensification and Redevelopment: "To promote residential intensification in appropriate locations to make more efficient use of existing land, infrastructure and public services." "Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed." "It is not intended that residential intensification will occur uniformly throughout the Town. The location, form and intensity of residential intensification will be determined by the policies of the various land use designations, with the intention of permitting smaller scale developments, such as individual infilllots in areas designated as Low Density Residential and directing larger scale projects to areas designated as Medium and High Density Residential and the Central Area." Zelinka Priamo Ltd. Page 14 Page 85 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 "A minimum target of 15 percent shall be established as the proportion of all new residential dwelling units to be developed through residential intensification within built- up areas of the Town." "Residential intensification and compact urban form shall be facilitated through appropriate zoning standards and Town Council may consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, provided that such standards are still in keeping with the overall objectives of the Plan." Response to Section 8.2.2.5: The subject lands are an appropriate site for residential intensification as they abut an arterial road (Concession Street); are vacant and under-utilized; are sufficiently large enough in area to accommodate the anticipated density of the proposed development, required parking, and more than adequate landscaped open space without impacting the natural topography of the subject lands; can accommodate a compact form of development that will make efficient use of existing municipal infrastructure; and will be compatible with surrounding existing development in terms of height and overall appearance. The proposed development of 28 new residential units will assist the Town in achieving the minimum target for new residential dwelling units through residential intensification. The proposed ZBA will facilitate residential intensification and compact form consistent with the overall objectives of the OP. The subject lands are designated "Residential" in Schedule T -1 (Land Use Plan); and are further designated "Low Density Residential" in Schedule T-2 (Residential Development Plan) (see Figures 6 & 7). Zelinka Priamo Ltd. Page 15 Page 86 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. Zelinka Priamo Ltd. SCHEDULE "T·1" TOWN OF T/LLSONURG LAND USE PLAN April, 2019 LAND USE PLAN LEGEND .. RESIDeNTIAl CENTRAL BUSINESS DISTRICT ENTREPRENEURIAL DISlAICT .. SERVICE COMMERCIAL .. COWMUNITY FACILITY .. INDUSIAIAL .. RURAL BUFFER .. OPENSPfiCE .. ENVIRONMENTAL PROTECTION FLOODLINE Page 16 Page 87 of 453 Planning Justification Report 150 Wilson Avenue -Tillson burg ON Tillsonburg Properties Corp. :r: I-:> ~ u. 0 D.. :r: en z ~ SCiiEDULE "T·T TOWN 01-" TIUSONBURG RESIDENTIAL DENSITY PLAN April, 2019 RESIDENTIAL DENSITY PLAN LEGEND • LOW OEN$1lY ~ESIOEUTIAL • MEDIUM DENSITY RESIOErnt.Al • HtCH 0£NSI1Y RESIOENfLAL • IIK>BtlE HOfAE PARK .OPE'ISPACE • ENVIRONMENTAL PROTECTlOU e NEIGH80UAHOOO PARI< 6 PROPOSEOPAAK (,;) PROPOSED SCHOOl Figure 7: Excerpt from Oxford County Official Plan-Schedule T-2: Tillsonburg Residential Density Plan Section 8.2.3.1 of the OP contains the following objectives for all Residential designations: "Provide for a supply of residential/and that is sufficient to accommodate the anticipated demand for a broad range of new dwelling types over the planning period, through residential intensification and, if necessary, designated growth areas. II "Support the provision of a choice of dwelling types according to location, size, cost, tenure, design, and accessibility and designate lands for a range of densities and structural types throughout the Town to satisfy a broad range of housing requirements. II "Support residential intensification in appropriate locations taking into consideration public services and infrastructure and environmental features and development constraints and ensure the residential intensification target of Section 8.2.2.5, is achieved prior to, or concurrent with, the approval of new residential development in designated growth areas. II Zelinka Priamo Ltd. Page 17 Page 88 of 453 Planning Justification Report 150 Wilson Avenue -Tillsonburg ON Tillsonburg Properties Corp. April, 2019 Response to Section 8.2.3.1: The proposed development of two multiple unit buildings consisting of 28 units represents residential intensification on the subject lands and will provide affordable housing which will assist in providing a choice, variety, and mix of housing type, tenure and cost within the Town. The development will take place in a compact form (multiple unit dwellings) on lands that are vacant and underutilized; and will make efficient use of existing municipal infrastructure. Section 8.2.3.2 of the OP contains the following Residential Development Policies for all Residential designations: "Within existing built -up areas of residential development, it is anticipated that further residential development will largely occur through residential intensification consistent with the policies of the Low, Medium and High Density Residential areas as applicable and in conformity with Schedule T-2." Response to Section 8.2.3.2: The proposed development of 28 residential units on the subject lands is considered residential intensification on lands that are vacant and underutilized, and is consistent with the Low Density Residential designation, as noted in the analysis of Section 8.2.4. in this Report (see below). Section 8.2.4 of the OP contains policies for the Low Density Residential ("LOR") areas, which currently applies to the subject lands. The LOR designation is intended for a variety of low- rise, low-density forms including single detached, semi-detached, duplex, converted dwellings, quadraplexes, townhouses, and low density cluster development. Multiple unit dwellings in LOR areas will generally be directed to the following areas: • sites which abut arterial or collector roads or are situated such that traffic impacts from the site create a minimum disturbance on local streets; • sites where the topography or other natural features would be best preserved by fewer buildings; • sites which are close to shopping, recreation, cultural and community facilities. Street-oriented multiples such as street townhouses, quadraplexes and converted dwellings may be permitted on local streets. Zelinka Priamo Ltd. Page 18 Page 89 of 453 Planning Justification Report 150 Wilson Avenue -Tillson burg ON Tillsonburg Properties Corp. April, 2019 In LOR areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use, up to a maximum density of 30 units per hectare (12 units per acre). Response to Section 8.2.4: The proposed use (multiple unit dwellings) is permitted within the LDR designation and is appropriate for the subject lands as the site abuts an arterial road (Concession Street). However, access to the site will be obtained through Wilson Street, which is classified as a local road. Safer access will be provided to the site off of Wilson Street due to the significant change in topography between the subject lands and Concession Street and resulting reduced sight lines. There are no unacceptable adverse impacts anticipated from traffic associated with the proposed development on surrounding local streets, as there is convenient and proximate access to Concession Street via Wilson Avenue and Charlotte Avenue, a collector road, to the west. The subject lands are sufficiently large enough in area to accommodate the anticipated density of the proposed development, required parking, and more than adequate landscaped open space without impacting the natural topography of the subject lands. The subject lands are in close proximity to recreation and community facilities (Tillsonburg Community Centre, Lake Lisgar Water Park); cultural and shopping areas that are centrally located within the Town of Tillsonburg. The proposed development is for multiple-unit buildings at a density of 42 units per hectare (17 units per acre) which exceeds the density typically permitted within the LDRA designation. However, as affordable housing is proposed for the subject lands, the Bonus Zoning provisions under the Planning Act, as set out in Section 1 0.3.1 0 of the OP, provide the following: "Under the provisions of the Planning Act, a municipality may include in its Zoning By- Law regulations that permit increases to the height and density limits applicable to a proposed development in return for the provision of such facilities, services, or matters as set out in the By-Law. This practice, commonly referred to as bonus zoning, is considered to be an appropriate means of assisting in the implementation of this Plan." "The facilities, services or matters that would be provided in consideration of height or density bonus should be reasonable, in terms of the cost/benefit implications for both the municipality and the developer and must result in a benefit to the general public and/or an enhancement of the design or amenities of a development to the extent that Zelinka Priamo Ltd. Page 19 Page 90 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 a greater density or height is warranted. Also, the height and density bonuses received should not result in a scale of development that is incompatible with adjacent uses or exceeds the capacity of available municipal services." "Bonus zoning is applied to encourage social amenities and design features resulting in a public benefit which cannot be obtained through the normal development process. Area Councils may pass by-laws providing for bonusing to achieve the following objectives: • to support the provision of the development of affordable housing as provided for in this Plan;" 'The zoning by-law may contain bonus zoning provisions for all forms of development. These provisions will describe the facilities, services, or matters that qualify for the density bonus provisions and the extent of the height and density increases that may be available." The proposed multiple unit buildings on the subject lands will provide a benefit to the Town, the neighbourhood, and the general public for the following reasons: • The proposal is for multiple unit buildings intended for affordable housing, which is a desired and necessary form of housing based on Provincial and Municipal policy objectives to address increasing demand for such housing. • The proposed development is within walking distance to commercial, institutional and recreational uses; • The overall scale of the development in terms of height and density is compatible with surrounding uses. The 2-storey height of the proposed development is consistent with the height of surrounding residential development and is less than the maximum height of 10.5 metres which is permitted in the R1 zone. The proposed density, although higher than what is typically permitted in the LOR designation, is appropriate in this instance as the subject lands are situated along an arterial road (Concession Street); are sufficiently large enough to accommodate the proposed development; and will make efficient use of municipal infrastructure. The proposed multiple unit buildings on the subject lands are intended for affordable housing. In order to make the proposed development a viable project and provide a necessary service to the Town of Tillson burg, two 2-storey building containing 28 units makes efficient use of the Zelinka Priamo Ltd. Page 20 Page 91 of 453 Planning Justification Report 150 Wilson Avenue-Ti/lsonburg ON Tillsonburg Properties Corp. April, 2019 subject lands. As such, bonus zoning to permit the proposed development is appropriate in this instance, and satisfies the intent of the PPS and the OP. 5.3 ANALYSIS OF THE TOWN OF TILLSONBURG ZONING BY-LAW The subject lands are zoned Low Density Residential -Type 1 (R1) and Low Density Residential -Type 1 Special Provision (R1-3) Zone (Figure 8). The proposed multiple-unit residential buildings are not permitted under the current R1 and R1-3 Zones; as such, a Zoning By-Law Amendment is required to permit the development. The proposed Zoning By-Law Amendment seeks to rezone the subject lands from Low Density Residential-Type 1 (R1) and Low Density Residential-Type 1 Special Provision (R1-3) to a Low Density Residential -Type 3 Special Provision/Bonus Zone (R3-_/B_) to permit two, 2- storey multiple-unit buildings with a density of 48 units per hectare. The purpose of the proposed development is for affordable housing. In order to make the proposed development Zelinka Priamo Ltd. Page 21 Page 92 of 453 Planning Justification Report 150 Wilson Avenue-Tillsonburg ON Tillsonburg Properties Corp. April, 2019 a viable project and provide a necessary service to the Town of Tillsonburg, two 2-storey buildings containing 28 units makes efficient use of the subject lands. In addition to the above, a reduced lot size per unit and a reduced distance between the two buildings is required for the proposed development. A reduced lot size per unit is required to provide for a more compact form of development and make more efficient use of the subject lands. A reduced distance between the two buildings is also necessary to provide for a more efficient and compact site design, and to provide sufficient separation from abutting single-detached dwellings. The Special Provision to the proposed R3 Zone would recognize the existing deficient lot frontage along Wilson Avenue, which will serve as the access to the site. The lands also have frontage along Concession Street but cannot be accessed off of this road due to the significant grade changes between the subject lands and Concession Street, resulting in reduced sight lines. The proposed zoning amendment to create an R3-_/B-_ zone will be consistent with the intent of the OP policies for residential intensification and affordable housing and is appropriate for the proposed development. 5.4 SERVICING Water: A 250mm watermain is available to the east of the site, through a servicing easement within municipal block adjacent to the east; a 150mm watermain is also available along Wilson Avenue; and a 250mm watermain is located north of the site within the Concession Street road allowance. According to the Servicing Feasibility Study prepared by Strik, Baldinelli, Moniz Ltd ("Servicing Study"), the proposed development will be serviced via the watermain located in the servicing easement east of the subject lands. Sanitary: 200mm sanitary sewers exist along Wilson Street and Concession Street. According to the Servicing Study, the proposed development is intended to be serviced via a new sanitary service to the existing sewer along Wilson Street. Stormwater: A 375mm storm sewer exists along Wilson Street; and a 525mm storm sewer is located to the southwest of the site at the intersection of Wilson Avenue and Hurley Avenue. According to the Servicing Study, the proposed development will connect to the storm sewer along Wilson Avenue. Further technical servicing details for the proposed development will be determined through the Site Plan Approval process. Zelinka Priamo Ltd. Page 22 Page 93 of 453 . . Planning Justification Report 150 Wilson Avenue -Tillsonburg ON Tillsonburg Properties Corp. 6.0 CONCLUSIONS April, 2019 The proposed Zoning By-Law Amendment to allow for the proposed development of the subject lands will result in an efficient and aesthetically pleasing use of a vacant, underutilized, parcel of land. The proposed development of the subject lands will address the residential intensification and affordable housing needs of the Town of Tillsonburg while util izing a vacant site that is in a location that is well suited for increased density. The proposed special provisions and bonus provisions sought through the Zoning By-Law Amendment in return for affordable housing are appropriate for the subject lands and will result in a use and built form that will complement and enhance adjacent and surrounding land uses; will make efficient use of existing and planned infrastructure; and is consistent with the Town's objectives to provide this type of housing in appropriate locations. The proposed development in terms of its form (multiple unit dwellings) and height (2 storeys) is compatible with, and will not have any adverse impacts on, surrounding existing residential uses. For the reasons noted above, and throughout this report, the proposed Zoning By-Law Amendment is consistent with the intent and policies of the PPS and the Official Plan; is consistent with the long-term vision for providing affordable housing within the commu nity; is a desirable form of development for the subject lands; and represents good planning practice. Zelinka Priamo Ltd. Page 23 Page 94 of 453 Page 95 of 453 Page 96 of 453 Page 97 of 453 Page 98 of 453 Page 99 of 453 Page 100 of 453 Page 101 of 453 Page 102 of 453 Page 103 of 453 Page 104 of 453 Page 105 of 453 Page 106 of 453 Page 107 of 453 Page 108 of 453 Page 109 of 453 Page 110 of 453 Page 111 of 453 Page 112 of 453 Page 113 of 453 Page 114 of 453 Page 115 of 453 Page 116 of 453 Page 117 of 453 Page 118 of 453 Page 119 of 453 Page 120 of 453 Page 121 of 453 Page 122 of 453 Page 123 of 453 Page 124 of 453 Page 125 of 453 Page 126 of 453 Page 127 of 453 Page 128 of 453 Page 129 of 453 Page 130 of 453 Page 131 of 453 1 Eric Gilbert From:Stephen Molnar <SMolnar@Tillsonburg.ca> Sent:May 21, 2019 4:28 PM To:hhra.sectr@bellnet.ca Cc:Donna Wilson; Eric Gilbert Subject:RE: Proposed development at 155 Wilson Ave Garry ... I am confirming receipt of your correspondence and have copied the Clerk and Planner by way of this response. Thanks for sharing your concerns .... the opportunity for additional comment will be available to all members of the public at the Public Meeting of May 27 beginning at 6:00 PM. Again - thanks! Stephen B. Molnar Mayor Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3234 Cell: 519-403-8245 www.Tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON -----Original Message----- From: hhra.sectr@bellnet.ca [mailto:hhra.sectr@bellnet.ca] Sent: May-21-19 4:24 PM To: Stephen Molnar Subject: Proposed development at 155 Wilson Ave Mr Molnar On behalf of the Residents of Hickory Hills, The Board of Directors convey our strong objection to the housing project proposed for 155 Wilson Ave, and the number of variances requested. We have several concerns to address such as the increased traffic flow on an already busy street through the neighbourhood (Wilson to Baldwin). The vehicle traffic into and out of the parking lot of the site not to mention the limited number of parking spaces especially for visitors, will this create further congestion on Wilson and immediate area? We are further concerned with the proximity of the parking area which appears to be bordering on the back yards of several homes on Wilson. There are also concerns that the property will not be maintained to the standards of the properties in the area We ask that you consider these concerns when it comes time to make a decision. Garry Armitage Vice President HHRA Page 132 of 453 Jim & Ruby Withington 23 Armstrong Drive Tillsonburg, Ontario N4G 5T3 519-842-2916 May 14, 2019 Mayor Stephen Molnar and Town Council Members Town of Tillsonburg RE: Application for Zone Change in the Town of Tillsonburg File: ZN 7-19-06 (Peter Retsinas) This letter is to advise of our opposition to the Zone Change as listed above. The subject lands are described as Part Lot 5, Plan 1646, Part Lot 52, Plan 41M-88, Parts 1,2 & 8 of 41R-9148 in the Town of Tillsonburg, municipally known as 155 Wilson Avenue. We have received a copy of the Planning Justification Report dated April 2019. We have concerns with certain aspects outlined in this document. Some of the prominent concerns are outlined as follows: 4.0 Proposed Application (Page 8) This section outlines the required and proposed provisions in the Zoning Data Table. Below are the proposed changes that identify a significant difference between the required and proposed, under Bonus Zone provisions or Site-specific provisions. Low Density Residential (R3) Required Proposed Difference / Note Lot Area Per Unit 330 m2 (minimum) 212.26 m2 ↓ 35.6% Lot Frontage 20 m (minimum) 10.683 m ↓ 46.6% Lot Coverage 40% (maximum) 16.15% ↓ 59.6% - much of the land is a significant slope that rises from Concession Street. Distance Between Buildings 12.5 m (minimum) 7.59 m ↓ 36.28% Density (28 units) 30 units per hectare 48 uph ↑ 60% Schedule T-1 Town of Tillsonburg Land Use Plan (page 16) The open space (identified as green on the plan), half way between Concession Street and Baldwin Street on the east side of Wilson Avenue is where our Community Centre and associated parking is located. There is a small green area to the north that is a walkway that connects to the foot bridge heading into town. Response to Section 8.2.4 (Page 20 – last bullet on the page) Sentence #1, #2: The overall scale of the development in terms of height and density is compatible with surrounding uses. The 2-story height of the proposed development is Page 133 of 453 consistent with the height of surrounding residential development and is less than the maximum height of 10.5 metres which is permitted in the R1 zone. OPPOSED: The home that is a two story dwelling within the immediate area is the property owned by Mr. Retsinas. The proposed property has single family one story homes in the immediate area. There are no multiple unit dwellings. Sentence #3: The proposed density, although higher than what is typically permitted in the LDR designation, is appropriate in this instance as the subject lands are situated along an arterial road (Concession Street); are sufficiently large enough to accommodate the proposed development, and will make efficient use of municipal infrastructure. OPPOSED: No vehicle entrance/exit off Concession Street therefore the fact it is an arterial road is, in my opinion not a factor. The property is a large property however this statement is contradictory as shown in the request for proposed changes vs the recommended sizing. (Lot coverage 4.0 as on previous page). If the parcel of land is the ‘right fit’ as described by the developer, why are there so many changes to the recommended space (4.0) outlined. It our opinion, these required changes are to make the project fit into the space and not the ability to build the required number of units without the changes. It is our opinion that it is the right housing but the wrong location. There does not appear to be a play area for children or green space for adults. A large part of the property is the hill that comes south off Concession up to the flat land. This is not a play area as it would pose a great hazard leading directly to a busy street. The developer offered an open house to outline the project that is listed and in all correspondence, the rental housing units would be ‘affordable’. During the presentation we also heard the words ‘geared to income’ and ‘subsidized housing’. It is very difficult to make an informed decision when the wording is vague or not defined. It is recognized that at this juncture it cannot be determined if properties in the vicinity of the project will devalue. It is an important and real concern of those that live in the proximity. Although it only presumptive as to if and when properties could be devalued in direct relation to the proposed development, it is highly feasible that the community known as Hickory Hills will be impacted and not the highly sought location for seniors wishing to relocate to Tillsonburg. Those that chose to make Tillsonburg and subsequently Hickory Hills their home are valued community members who give freely of their time and expertise to make this community vibrant, active and a place where they wish to settle and because of the place they are in their life, they have the ability to give back to their community. We chose to live here for those very reasons. We feel safe, and comfortable here and everyone looks after each other. It is very refreshing to be part of such a vibrant and caring community. Respectfully submitted Jim and Ruby Withington C:\...\Zone Change at 155 Wilson, Tillsonburg.doc Page 134 of 453 In Response to the proposed zoning by-law amendment file # ZN 7-19-06 (Peter Retsinas) As Residents of the neighbourhood once again we are against this development of this land into a multi unit housing development. This area is on the very bordering edge of Hickory Hills that is a seniors single unit community along with the existing neighbourhood of Wilson Ave, Hurley Ave, Charlotte Ave and Concession Street West all being one family unit homes. Whether it be geared to income, low rental or high cost condo unit buildings it does not fit the existing neighbourhood. There will be only one exit drive in and out on to Wilson Ave. All the traffic from this building has to enter and exit from Wilson Ave to Charlotte Ave and then to Concession West or drive south on Wilson Ave all the way through Hickory Hills to Baldwin Street to go uptown. The proposed units of 28 individual apartments adds up a significant amount of traffic. This will be a large problem to those living in close proximity of the driveway and on these routes. Other than in Hickory Hills there are no sidewalks or curbs on Wilson Ave west to Charlotte Ave or Hurley Ave. This will probably need to be upgraded at another cost to the town. There will be noise, lights for parking, traffic and pedestrians. With no sidewalks and proper curbs this will be a problem. The corner of Charlotte Ave and Concession West is a very busy corner with now the development of the subdivision to the west of Charlotte Ave to Quarter Town Line and will become even more busy. This corner is past its limit between speeders, rolling stops, no stops, noise, and through traffic on Concession Street West we are sure it doesn't need another 28 plus plus vehicles. We have lived here on this corner of Charlotte Ave and Concession Street West for 25 years and have seen a few accidents but with a larger volume of traffic it is sure to increase the chances of more accidents and fatalities. There are a lot more small children in our neighbourhood. Other issues that could arise with this development are access for fire services, garbage collection and snow removal. We are sure the neighbourhood would not be apposed to a single family home or estate house to be built there but we definitely apposed to any multi unit being built in this location. Please respond to us so as we know you received this letter. Yours Sincerely Cindy and Harvey Fishback 77 Concession Street West Tillsonburg, On. N4G 1R6 chfishback@gmail.com Page 135 of 453 Page 136 of 453 Page 137 of 453 Page 138 of 453 Page 139 of 453 Page 140 of 453 Page 141 of 453 Report Title EDAC Advice Regarding Growth Forecasts and Land Need Analysis Report No. DCS 19-09 Author Cephas Panschow – On behalf of the Economic Development Advisory Committee Meeting Type Council Meeting Council Date MAY 27, 2019 Attachments Page 1 / 5 RECOMMENDATION THAT Council receive Report DCS 19-09 EDAC Advice Regarding Growth Forecasts and Land Need Analysis; AND THAT the items identified by the Economic Development Advisory Committee be forwarded to the Oxford County Planning Department for consideration. EXECUTIVE SUMMARY The purpose of this report is to provide feedback to Council regarding the Updated County and Area Municipal Growth Forecasts and Land Need Analysis draft that has been prepared for the County of Oxford by Hemson Consulting Ltd. BACKGROUND Oxford County has retained Hemson Consulting Ltd to undertake a Phase 1 Comprehensive Review study to update the population, household and employment forecasts and land supply analysis for the County and the eight area municipalities. The findings from this study will serve to inform the County’s growth management policies and various other County and area Municipal projects and initiatives. At their April 10, 2019 meeting, Oxford County Council approved the following resolution: That Oxford County Council receive the draft Phase 1 Comprehensive Review study, prepared by Hemson Consulting Ltd., dated April 3rd, 2019, for information purposes; And further, that Oxford County Council authorize Planning staff to circulate the planning report and draft study to the Area Municipalities for their review and comment and undertake other consultation measures as outlined in Report No. CP 2019-104. Oxford County Planning staff provided an overview of the draft study to the Economic Development Advisory Committee at their May 14, 2019 meeting. Page 142 of 453 Page 2 / 5 The purpose of the Draft Phase 1 Comprehensive Review study is to provide up to date growth forecast and land supply information to inform the County’s growth management policies and various other County and Area Municipal projects and initiatives. The draft study was prepared in consultation with a Technical Advisory Committee consisting of County and Area Municipal staff who provided a broad range of input and feedback on local concerns, trends, initiatives and other considerations. The draft study is being circulated to the Area Municipalities for further review and comment and made available for public information, prior to bringing a ‘final’ draft of the study to County Council for approval. The study’s findings indicate that:  The County will continue to experience substantial population, household and employment growth over the 30-year forecast period (2016-2046);  All eight Area Municipalities in the County are forecast to experience residential and employment growth and some are expected to require additional land to accommodate that growth;  Population is aging with baby boomers moving into the County and young adults are moving out  Without substantial in-migration, population would decline  Recent high growth is being driven by in-migration from Greater Golden Horseshoe and County of Middlesex;  Retirees and commuters from nearby areas are seeking more affordable housing and choice;  Oxford has seen strong job growth, especially industrial, compared to the rest of Southwestern Ontario;  Commuters from Waterloo, Middlesex and Elgin  Tillsonburg expected to see a considerable share of overall County growth o By 2046, Tillsonburg to grow to a population of 22,200; adding 5,800 people, 2,400 households and 2,200 jobs  Estimated land supply for both residential and industrial anticipated to be sufficient Hemson Consulting Ltd. develops demand estimates considering numerous factors including: past growth, migration figures, approved development (type of units and numbers) and constraints on development that have existed. The demand determination for industrial land is more challenging as there varied absorption rates. Page 143 of 453 Page 3 / 5 The members of the Economic Development Advisory Committee identified the following items to be addressed within the study:  Addition of commentary clarifying that while it appears that there is sufficient industrial land, there are ownership and other constraints that affect the availability and developability of these lands;  The lack of commercial land supply should be identified. Once commercial developments that have been brought forward since the study was initiated are removed from the land supply, the actual availability of commercial land is reduced to a handful of sites. CONSULTATION/COMMUNICATION There has been no public consultation on the information contained within this report. However, the Economic Development Advisory Committee is providing their comments based on the consultation process initiated by the County of Oxford with respect to the draft report. Town Staff is also reviewing the report in depth and will be providing additional comments to the County. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact associated with this report. COMMUNITY STRATEGIC PLAN There are a number of strategic initiatives that this will support. 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 Page 144 of 453 Page 4 / 5 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 145 of 453 Page 5 / 5 Report Approval Details Document Title: Report DCS 19-09 EDAC Advice Regarding Growth Forecast and Land Needs Analysis.docx Attachments: Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 8:49 AM Page 146 of 453 Report Title Oxford County Update Report No. MYR 19-07 Author Stephen Molnar - MAYOR Meeting Type Council Meeting Council Date May 27, 2019 Attachments Public Notice – Transportation Master Plan Page 1 / 2 16492835602,,,MYR 19-07 Oxford County Update RECOMMENDATION: THAT Council receives report MYR 19-07 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION  On April 10 Report CP 2019-104 (Municipal Growth Forecasts and Land Needs Analysis – The Hemson Report) was received as information and direction was given to forward to the Area Municipalities for review and any potential comment.  Report CS 2019-15 (Tax Ratio Policy) was introduced for a final time and passed by Council with no amendment. There was a subsequent Motion at the meeting of April 24 to create a working committee to begin a comprehensive Tax Ratio review in advance of any 2020 deliberations. Local Councils and interested stakeholders are encouraged to be a part of this process.  Report PW 2019-16 (Master Transportation Plan) of April 24 was received as information and direction was given to circulate to Area Municipalities … The complete Plan can be accessed on the County Web-site and there is expectation that local Councils will have the opportunity to make comment in advance of the June 17 deadline. Page 147 of 453 Page 2 / 2  Report PW 2019-13 confirmed the contribution for additional Electric Vehicle Charging Stations as originally supported by Municipal Council in Operational Services Report OPS 19-10 of April 23.  Report PW 2019-07 (Advancing Zero Waste) was introduced for discussion with staff recommendations to proceed on a number of fronts. After a Presentation and supporting comments from Consultant, an amended resolution was endorsed that only received the Report as information and gave additional direction to forward to the Area Municipalities. It is further anticipated that the aspect of Solid Waste management and Recycling will form a part of the Service Delivery Review as already endorsed by both the County and all 8 Area Municipalities.  As per County Report HS 2019-02 of May 8 (Municipal Housing Facilities Agreement) there was endorsement from County Council to support a financial contribution of $2 Million to facilitate the construction of 25 Affordable Housing Units in Tillsonburg (155 Wilson Ave.) FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 5/27/19 Page 148 of 453 Page 149 of 453 Report Title 2018 Fourth Quarter Financial Results Report No. FIN 19-08 Author SHEENA PAWLIWEC, CPA, CGA Meeting Type Council Meeting Council Date MAY 27, 2019 Attachments 2018 Q4 Consolidated Operating Results 2018 Q4 Consolidated Capital Results Page 1 / 2 14385131879,,,FIN 19-08 2018 Fourth Quarter Consolidated Results RECOMMENDATION THAT Council receives report FIN 19-08 2018 Fourth Quarter Consolidated Results, as information. SUMMARY To provide Council with the January 1, 2018 to December 31, 2018 Town wide actual financial results. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the variances between 2018 actual results for the year ended December 31, 2018 and the 2018 YTD budget. The Q4 results show an overall Town wide consolidated 2018 surplus of $195,407. Questions or comments relative to the departmental 2018 Q4 revenues and expenditures should be referred to the other members of the Senior Leadership Team for commentary. Page 150 of 453 Page 2 / 2 CAO Report Approval Details Document Title: FIN 19-08 2018 Fourth Quarter Consolidated Results.docx Attachments: - FIN 19-08 2018 Q4 Consolidated Capital Results.pdf - FIN 19-08 2018 Q4 Consolidated Operating Results.pdf Final Approval Date: May 23, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 23, 2019 - 2:35 PM Page 151 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit Project Listing 110 Corporate Services 002 W/O Managment System 003 Virtual Town Hall 004 Replace IT Capital 012 Telephone System 013 Records Management Storage 014 CLASS Replacement Software 017 AMP Implementation Project 020 Annual Computer Replacement 021 Office Furnishings 031 AMP Reserve 71,000 71,000 Total 110 Corporate Services 71,000 71,000 130 Fleet 060 Snowplow Truck Rep #064 (1,839) (1,839) 062 Service Truck Rep#044 1,839 1,839 064 Street Sweeper Rep#085 078 Disposal of Fleet Assets 086 Hydro Cable Truck Rep#074 087 Hydro Service Truck Rep#041 090 Fire Unit (Rpl#73) 091 Service Bay Repairs 57,000 57,000 110 Lake Lisgar Barge&Trailer Total 130 Fleet 57,000 57,000 150 Fire 143 Fire Comm Infrastructure 144 Traffic Signal Priority System 155 Fire Comm Console 26,500 26,500 156 Digital Road Sign 14,500 14,500 157 Communication Log Recorder 18,500 18,500 Total 150 Fire 59,500 59,500 160 Police 150 Sally Doors Total 160 Police 210 Engineering 212 Broadway & Glendale Ped X 216 QTL Corridor Mgmnt Implmntatin 92,000 92,000 217 Kinsmen Bridge OSIM Inspection 40,000 40,000 218 Brdwy&Brock Accessible Upgrade 219 Railway Crossing Safety Assess 20,000 20,000 Total 210 Engineering 152,000 152,000 220 Public Works 223 Bradburn Area Stage 1 of 2 325,000 325,000 229 Annual Resurfacing 231 Connecting Link Resurfacing 9,000 9,000 245 Riverview Stage 2 258 Concession St E 77,600 77,600 Total 220 Public Works 411,600 411,600 Page 152 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit 235 Streetlights 310 LED Conversion 1 1 Total 235 Streetlights 1 1 260 Storm Sewers 223 Bradburn Area Stage 1 of 2 258 Concession St E 11,500 11,500 354 Big Otter Creek/Old Vienna Rd 50,000 50,000 355 Storm CCTV Inspection Prgm 19,000 19,000 413 Oversizing - Andrew's Crossing Total 260 Storm Sewers 80,500 80,500 280 Waste Management 443 Transfer Station Improvements Total 280 Waste Management 300 Cem 501 Columbarium 504 Implementation of Master Plan 25,000 25,000 506 Rear Yard Fencing Total 300 Cem 25,000 25,000 450 Parks 622 Implement of trails masterplan (4,384) (4,384) 636 Annual Playground Expansion 25,000 25,000 637 Dog Park 639 Skatepark Repairs 643 Implementation of Mem Park 50,000 48,524 (1,476) 646 Ann Ball Park-Parking Lot 50,000 53,791 3,791 647 Parks signage & install 10,000 10,000 648 Hardball Diamond Rehab-Kiw/Sam 17,000 19,069 2,069 649 Ann Ball Park - Lighting 14,000 14,000 Total 450 Parks 166,000 166,000 460 Rec - Programs 410 Training Studio /Weights 411 LLWP Inflatables 15,000 14,999 (1) Total 460 Rec - Programs 15,000 14,999 (1) 465 Rec - Bldg Mtce 590 Asset Mgmt 611 611 671 Physical Security Consultant 679 Outdoor Pool Maintenance 7,900 (52) (7,952) 685 Facility Asset Management 691 TCC Fire Panel Replacement 693 Auditorium Kitchen Renos 694 TCC Exterior Door Replacement 700 TCC -Retrofit 701 Waterpark Renos 21,100 46,410 25,310 702 Floor Scrubber 7,500 6,715 (785) 706 Consol Roofing Projects 214,500 214,500 707 Tables & Chairs Replacement 30,000 30,000 708 Aquatic Facility Design Study 709 Station Arts Roof 40,000 40,000 Page 153 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit 710 Bay lights conversion to LED 711 New Sand Filters at LLWP 45,000 27,816 (17,184) Total 465 Rec - Bldg Mtce 366,000 366,000 475 Museum 761 Repairs and Maint.47,000 47,000 763 Servant Porch 764 Repair/Paint Eaves and Fascia 768 Connect Fire Doors into FAS 8,000 8,000 Total 475 Museum 55,000 55,000 500 DCS 806 Land Sales (1) (1) Total 500 DCS (1) (1) 505 Economic Dev 806 Land Sales (1) (1) 807 HWy 3 - Clearview Dr Extension 808 Hwy 3 Bus Park - SWM Facility 810 Downtown Parking Study 811 Design-Build Indust Park 813 Hwy 3 Bus Park- Hwy 3 Widening Total 505 Economic Dev (1) (1) Total Project Listing 1,458,600 1,458,598 (2) Page 154 of 453 2018 2018 Actual % Budget Actuals Variance Variance Revenues Levy, PILS (15,173,600) (15,399,836) (226,236) 1% Grants (931,400) (1,067,407) (136,007) 15% User Charges (7,716,700) (9,816,694) (2,099,994) 27% Other Revenue (237,500) (418,740) (181,240) 76% Specified Revenue (535,960) (535,960) Contribution from Reserves (266,000) (385,171) (119,171) 45% Total Revenues (24,325,200) (27,623,808) (3,298,608)14% Expenditures Labour 10,983,300 10,720,961 (262,339) 2% Purchases 4,474,700 5,455,092 980,392 22 Contracted Services 4,697,900 5,824,251 1,126,351 24% Contribution to Reserves 329,000 1,592,054 1,263,054 384% Interfunctional Adjustments 874,300 884,861 10,561 1% Debt Principal & Interest 1,507,400 1,492,582 (14,818) 1% Total Expenditures 22,866,600 25,969,801 3,103,201 14% Total Net Levy (1,458,600) (1,654,007) (195,407)13% Page 155 of 453 Report Title 2018 Fourth Quarter Finance Department Results Report No. FIN 19-07 Author SHEENA PAWLIWEC, CPA, CGA Meeting Type Council Meeting Council Date MAY 27, 2019 Attachments Q4 Results - Finance Page 1 / 3 8213541225,,,FIN 19-07 2018 Fourth Quarter Finance Department Results Results RECOMMENDATION THAT Council receives report FIN 19-07 2018 Fourth Quarter Finance Department Results, as information. EXECUTIVE SUMMARY To provide Council with the actual January 1, 2018 to December 31, 2018 Finance Department financial results. SUMMARY OF OPERATIONAL RESULTS Table 1: 2018 Operations Business Plan Objective Target Date Status Monthly reporting to Management Q1 In progress; anticipated to begin Q3 2019 Improve alignment of budget and actuals to reduce timing variances Q1 Completed Virtual Town Hall Q1 In progress; anticipated to go live Q2 2019 IT Reserves Q1 Completed IT Annual Replacements Q2 Completed Asset Management Implementation Q2 Completed Audit of HST by Recovery Specialist Q2 Completed Increase customer transactions on website through new customer online registration Q2 Completed Audit of MPAC and Assessment by Recovery Specialist Q2 Completed Work Order Management System Q2 In progress; anticipated completion Q4 2019 Transit Q2 Completed takeover August 2018 New Town Hall Q3 Completed; RFP Issued Page 156 of 453 Page 2 / 3 2018 Fourth Quarter Finance Department Results Implement County AMANDA software Q3 Building and planning in 2018 balance in 2019 Customer Service Delivery Model: Review of current activity Customer consultation Final Report Q1 Q2 Q4 Completed Completed Completed Local Government Week Q4 Cancelled due to election Election Q4 Completed Physician Recruitment Q4 Ongoing Table 2: 2018 Additional Information Objective Target Date Status Audited 2018 financial statements Q2 In Progress – draft financials expected to be presented to Council on June 24, 2019. FINANCIAL IMPACT/FUNDING SOURCE The 2018 fourth quarter Finance Department deficit is $95,156. This is broken down as follows: Department 100 – Council (11,284) Department 110 - Finance 59,123 Department 120 - Customer Service 47,317 $ 95,156 Details on major variances can be found in the attached Q4 results spreadsheet. Page 157 of 453 Page 3 / 3 2018 Fourth Quarter Finance Department Results Report Approval Details Document Title: FIN 19-07 2018 Fourth Quarter Finance Department Results.docx Attachments: - FIN 19-07 2018 Q4 Results - Finance.pdf Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 22, 2019 - 4:32 PM Page 158 of 453 2018 2018 Actual % Note Budget Actuals Variance Variance Reference Revenues Grants (478,300) (478,637) (337) User Charges (37,000) (191,408) (154,408) 417% 1 Other Revenue (23,000) (111,619) (88,619) 385% 2 Specified Revenue (3,760) (3,760) 100% 3 Contribution from Reserves (248,451) (248,451) 100% 4 Total Revenues (538,300) (1,033,875) (495,575)92% 0 Expenditures Labour 1,356,900 1,370,496 13,596 1% Purchases 487,200 544,081 56,881 12% 5 Contracted Services 491,500 533,886 42,386 9% 6 Contribution to Reserves 142,600 585,416 442,816 311% 1,2,7 Interfunctional Adjustments (467,700) (467,527) 173 Debt Principal & Interest 115,000 113,846 (1,154) 1% Total Expenditures 2,125,500 2,680,198 554,698 26% 0 Total Net Levy 1,587,200 1,646,323 59,123 4% Notes: 1 HST Audit Refund 2 3 DC Revenue Collected 4 2017 Surplus $239,600 5 Insurance Claims over $31,800; Interest & Finance Charges over $11,400; Supplies over $16,000 6 7 2017 Surplus; HST Audit refund; Reserve Interest Earned Reserve Interest Earned Consulting/Legal over $82,100; IT contract savings $55,500; Subcontractor Expense over $15,800 - IT support from the County $8,300, Buidling Maintenenace over $7,000 - cleaning and other repairs Page 159 of 453 2018 2018 Actual % Note Budget Actuals Variance Variance Reference Revenues User Charges (266,400) (270,633) (4,233) 2% Other Revenue (235) (235) 100% Total Revenues (266,400) (270,868) (4,468)2% Expenditures Labour 460,700 488,659 27,959 6% 1 Purchases 103,600 118,142 14,542 14% 2 Contracted Services 18,000 40,488 22,488 125% 3 Interfunctional Adjustments (236,200) (249,366) (13,166) 6% 4 Debt Principal & Interest 2,900 2,862 (38) 1% Total Expenditures 349,000 400,785 51,785 15% 0 Total Net Levy 82,600 129,917 47,317 57% 0 Notes: 1 Net labour over $28,000 - back fill with Partime coverage 2 3 Subcontractor Expesne over $22,500 - Cleaning Contract and Snow removal 4 Water billing customer service gain Building Repairs & Maintenance over $25,600 - Door repairs, stair repairs, Engineering receptacle; Equipment Supplies & Repairs under $6,100 Page 160 of 453 2018 2018 Actual % Note Budget Actuals Variance Variance Reference Revenues Other Revenue (4,100) (4,100) 100% 1 Contribution from Reserves (85,200) (66,159) 19,041 22% 2 Total Revenues (85,200) (70,259) 14,941 18% 0 Expenditures Labour 156,400 156,491 91 Purchases 236,900 193,350 (43,550) 18% 3 Contracted Services 44,700 33,023 (11,677) 26% 4 Contribution to Reserves 5,000 33,891 28,891 578% 5 Interfunctional Adjustments 25,000 25,020 20 Total Expenditures 468,000 441,775 (26,225)6% 0 Total Net Levy 382,800 371,516 (11,284)3% Notes: 1 Special Revenue - $1,600 Class of Nominations; Donation Revenue $2,500 - Volunteer Recognition 2 Town Hall and Election Costs under budget 3 Special Projects under $39,300 - Doctor Recruitment & Town Hall Study 4 Subcontractor Exp under $9,600 - Election 5 Net Doctor Recuritment Savings Page 161 of 453 Report Title 2018 Fourth Quarter Economic Development and Marketing Department Results Report No. Report DCS 19-13 Author Cephas Panschow Meeting Type Council Meeting Council Date May 27, 2019 Attachments Page 1 / 6 8225881177,,,Report DCS 19-13 2019 Fourth Quarter Economic Development and Marketing RECOMMENDATION THAT Council receives Report DCS 19-13, 2018 Fourth Quarter Economic Development and Marketing Department Results, as information. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of Fourth quarter activity, financial results and business plan objectives. BACKGROUND Economic Development Activity 2017 2018 (Target) 2018 (Actual) Lead Files Opened 112 110 68 Lead Files Opened N/A N/A 236 Lead Files Closed 65 120 143 Corporate Visits 16 24 28 Client Visits 21 20 21 New Businesses Opened 17 14 16 Businesses Closed 6 N/A 13 Website (All Town Pageviews) 452,653 N/A 465,874 Website Activity (Main Business Page) 2,145 3,400 2,116 Page 162 of 453 Page 2 / 6 CAO Website Activity (Business Directory) 4,378 6,400 3,941 For 2018, the Lead Files Opened category has been broken out by Town and SOMA (Southwestern Ontario Marketing Alliance) leads. All metrics, with the exception of the website, are at or above targets for the year. In terms of wins for the community, 2018 experienced a number of significant investments in the industrial, commercial and residential sectors as detailed below. New Businesses Ashley Wear Betty’s Consignment Coyote Restaurant Elite Motor Car EMW Industrial Hi Def Detailing King Mattress & Appliance Medpoint Health Care Centres Oxford Packaging Ltd Special Occasion Cakes Janzen-Tenk Realty Inc Personal Service Coffee Tillsonburg Fire Titan Trailers Velkow Lift Trucks VR Quest Closed Businesses Fox & Fawn Koko's Apparel Kool Jet Refrigeration Systems Pearce Motors Roho's Bar & Grill Page 163 of 453 Page 3 / 6 CAO Saffire Blue Sofalvi Door Systems Spicer's Bakery, Tillsonburg Machine Tool The Sign Shop Tripp-Vogt-Trottier VR Quest ZF-TRW The following table summarizes the status of the 2018 Business Plan objectives: Item Budget Value Target Date Status Branding – Wayfinding Signage and Ongoing $25,000 Q1 – Q4 Not completed due to workload. Included in 2019 Business Plan Community Improvement Plan $20,000 Q1 - Q4 Four applications received and processed Manufacturing Acceleration Program (RED Application) $20,000 Q4 In process. Capabilities Assessments underway. Cluster model project to be awarded by Nov. Runs until March 2019 Mission to Europe – Trade Development $5,000 Q2 Cancelled Residential Marketing Campaign $45,000 Q1 – Q4 New website underway. To be considered for re-launch in 2019 with new builder partnerships. Chamber Sponsorship (Awards) $3,800 Q2 Completed Chamber Sponsorship (Grant for Gala) $4,000 Q2 Completed Downtown Revitalization $2,000 Q2 Completed. Report will be brought to Council in 2019. Youth Robotics Challenge $1,000 Q4 Completed Bridges to Better Business $1,000 Q4 Completed Vacant 5 Year Rebates $0 Q2 Not Completed due to workload. Included in 2019 Business Plan Page 164 of 453 Page 4 / 6 CAO Highway #3 Business Park – Storm Water Pond Facility $565,000 Detailed design underway Highway #3 Business Park – Clearview Dr Extension $1,650,000 Detailed design underway CONSULTATION/COMMUNICATION Not applicable. The Development Committee is provided with a summary of this report at their regular meetings. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department variances for 2018 are as follows: Department Variance Explanation Economic Development $2,621 Grant revenue (SOMA) over $5,000 Donation Revenue - Capabilities Assessment Special Projects under $9,000 - Branding implementation/MAP Advertising Expense under $6,100 Community Improvement Program (CIP) over $19,200 Consulting Services over $5,500 Development & Communications (Discover Tillsonburg) ($14,436) Discover Tillsonburg revenue under $28,900 offset by Advertising campaign under $44,300 Page 165 of 453 Page 5 / 6 CAO 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 166 of 453 Page 6 / 6 CAO Report Approval Details Document Title: Report DCS 19-13 2019 Fourth Quarter Economic Development and Marketing.docx Attachments: Final Approval Date: May 23, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 22, 2019 - 4:33 PM David Calder - May 22, 2019 - 5:24 PM Donna Wilson - May 23, 2019 - 8:13 AM Page 167 of 453 Report Title 2018 Fourth Quarter Building, Planning & By-Law Services Department Results Report No. DCS 19-14 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date May 27, 2019 Attachments Q4 Financial Summary RECOMMENDATION THAT Council receives Report DCS 19-14 2018 Fourth Quarter Building, Planning and By-Law Services Department Results, as information. EXECUTIVE SUMMARY This report contains information on the annual activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2018 to December 31, 2018. BUILDING SERVICES Building Services experienced a record setting total number of permits issued (436) in review of statistics back to 1988. An increase in activity across all sectors in terms of value of construction was recorded compared to 2017 with the major increases recorded in the residential and commercial sectors. These statistics are noted in the tables below. 2018 – Annual Building Permit Activity Overview (Jan 1/18 – Dec 31/18) Total Permits Issued 436 Inspections Completed 2,317 Total Construction Value $43,449,870 Total Permit Revenue $ 516,020 2018 Permit Class Comparison Single Dwellings Other Residential Institutional Commercial Industrial Permits Issued 86 239 10 79 22 Estimated Value 18,283,760 13,141,512 2,392,166 6,698,430 2,934,002 Page 168 of 453 2 CAO Value of Construction Comparisons (Jan 1/18 – Dec 31/18) CLASS 2018 2017 2016 2015 2014 2013 2012 Single Dwellings 18,283,760 17,381,846 22,986,868 11,290,464 11,690,744 10,162,224 8,910,390 Other Residential 13,141,512 3,394,667 2,931,504 3,278,262 3,746,308 2,470,956 1,476,617 Institutional 2,392,166 256,900 76,114 3,978,968 17,579,092 917,675 235,550 Commercial 6,698,430 1,700,068 5,463,272 729,400 3,246,669 2,430,382 7,855,600 Industrial 2,934,002 1,992,965 4,361,500 292,600 2,669,685 3,412,100 504,300 Total Value of Construction 43,449,870 24,726,446 35,819,258 19,569,694 38,932,498 19,442,337 18,982,457 Total Number of Permits Issued 436 431 426 317 369 315 301 2018 - Residential Construction Comparison (Jan 1/18 – Dec 31/18) TOTAL RESIDENTIAL PERMITS ISSUED SINGLE (DETACHED) DWELLINGS APARTMENT UNITS CONDOMINIUM UNITS TOTAL RESIDENTIAL CONSTRUCTION VALUE OVERALL CONSTRUCTION VALUES 2018 325 86 42 22 31,425,272 43,449,870 2017 316 80 5 4 21,276,513 24,726,446 2016 300 117 0 0 25,918,372 35,819,258 2015 218 61 YEAR 0 14,568,726 19,569,694 2014 240 64 36 0 16,432,935 38,932,498 2013 200 67 1 0 12,643,180 19,442,337 2012 203 54 0 0 10,387,007 18,982,457 2011 249 42 68 - 13,781,335 17,921,577 2010 236 58 - - 8,463,514 12,455,689 2009 175 42 30 - 20,267,358 26,021,858 2008 228 41 - 10 8,924,882 13,407,055 2007 299 98 13 - 16,471,262 22,770,077 2006 252 73 2 - 11,822,167 19,723,767 2005 205 80 8 44 18,097,035 26,905,724 Page 169 of 453 3 CAO Inspection Activity Comparisons (Jan 1/18 – Dec 31/18) Output Measures/Activity Quantity 2014 Quantity 2015 Quantity 2016 Quantity 2017 Quantity 2018 Building Inspections Completed 1408 1269 1621 2092 2317 Major Construction/Development Projects:  253 Broadway- Commercial Unit & 28 Apartments  360 Quarter Town Line – new townhouse condos  45 Hardy Ave - Complex Co-Gen project  45 Hardy Ave – Outdoor Rec Pad  10 Clearview - Shaw’s Ice Cream renovations  2 Clearview Drive- Tillsonburg Mini Storage  67 Oxford Street – Tim Hortons  13 Sanders Street- Non-Profit Housing Apartments  32 Clearview Dr- Elmrex  15 Wren Court – New townhouses  Andrews Crossing Subdivision Building Financial Impact Completed work was funded through 2018 budget allotments with Building Services resulting in a net levy of $327. The budgeted contribution from Building Reserves was not required due to the increased permit activity and revenue. A copy of the financial summary has been attached to this report. PLANNING SERVICES 2018 – Planning Activity (Jan 1/18 – Dec 31/18) Output Measures/Activity 2015 2016 2017 2018 Minor Variance Applications 13 12 11 19 Zone Change Application 8 9 14 14 Site Plan Formal Consultations 13 4 7 4 Site Plan Approvals 6 10 6 16 Site Plan Applications (in progress) 4 5 8 9 Subdivision Agreements 1 4 3 0 Pre-Servicing Agreement 1 1 0 3 Draft Plan of Subdivision Approval Ext 0 2 2 2 Page 170 of 453 4 CAO Site Plan Applications (in progress as of December 31, 2018)  Harvest Avenue - First Baptist Church  3 Simcoe Street – Auto Dealership Parking Lot  3 John Pound Road – Apartment Building  51&53 North Street East – Sewage Pumping Station  150 Concession Street West  6 Rouse Street - New Brethren Church  671 Broadway - Auto Dealership  11 Wren Crt. - 6-Plex  17 Wren Crt. – 6-Plex BY-LAW SERVICES Records indicate that by-law and property standard activities and occurrences have decreased slightly from previous years and the total number of parking tickets issued has increased. These activities are noted in the tables below. 2018 – By-Law Activity (Jan 1/18 – Dec 31/18) Output Measures– Quantity 2013 Actual 2014 Actual 2015 Actual 2016 Actual 2017 Actual 2018 Actual Parking Tickets Issued 873 478 547 891 663 835 Animal Tags Issued Cats 874 978 1054 1221 1024 971 Dogs 1,963 2082 2188 2101 2272 2512 Enforcement – Complaints and Occurrences Parking, Taxi, Illegal Dumping, Noise 119 131 145 132 152 146 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 186 211 257 255 313 280 Animal Control 384 406 371 350 321 261 By-Law Financial Impact By-Law Services (Protection) resulted in a net operating surplus of $41,853 as a result of an in increase in user charges along with savings in labour, purchases, and the animal control subcontractor budget. A copy of the financial summary has been attached to this report. Page 171 of 453 5 CAO DEPARTMENTAL TASKS Annual tasks/projects:  2018 Open/Inactive Permit Deposit Project - complete  2018 Animal licence renewal program - complete  DocuPet Animal Licencing Program setup - complete  2018 Façade Improvement Program – complete  Central Area Design Study review – ongoing  Zoning By-Law Review & Housekeeping Amendments – ongoing (expected completion Q3, 2019) 2019 FORECAST It is projected that 2019 Building and Planning activities will remain active across all sectors particularly the single detached dwelling and apartment dwelling sectors. By-Law Services activity is anticipated to remain consistent based on the statistics from previous years. Page 172 of 453 6 CAO Report Approval Details Document Title: DCS 19-14 2018 Annual Report Building Planning By-Law Services.docx Attachments: - 2018 Q4 - Dept 180 - Protection Quarterly Report Budget vs Actuals.pdf - 2018 Q4 - Dept 190 - Building Quarterly Report Budget vs Actuals.pdf Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 5:23 PM Page 173 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues User Charges -77,500 -101,389 -23,889 31%0 Contribution from Reserves -5,100 -5,100 Total Revenues -82,600 -106,489 -23,889 29%0 Expenditures Labour 231,400 227,863 -3,537 2% Purchases 28,400 18,971 -9,429 33%0 Contracted Services 23,000 17,950 -5,050 22%0 Interfunctional Adjustments 28,400 28,452 52 Total Expenditures 311,200 293,236 -17,964 6%0 Total Net Levy 228,600 186,747 -41,853 18%0 Development Charges Page 174 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues User Charges (369,500)(652,050)(282,550)76%0 Contribution from Reserves (103,100) 103,100 100%0 Total Revenues (472,600)(652,050)(179,450)38%0 Expenditures Labour 391,000 392,201 1,201 Purchases 42,300 34,613 (7,687)18%0 Contracted Services 6,600 8,390 1,790 27% Contribution to Reserves 184,449 184,449 100% Interfunctional Adjustments 32,700 32,724 24 Total Expenditures 472,600 652,377 179,777 38%0 Total Net Levy 327 327 Development Charges Page 175 of 453 Report Title Fourth Quarter 2018 Fire and Rescue Services Department Results Report No. FRS 19-06 Author Terry Saelens Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Financial Plan Summary Page 1 / 4 100795254,,,FRS 19-06 - Fourth Quarter Fire and Rescue Services Department Results RECOMMENDATION THAT Council receive Report FRS 19-06 Fourth Quarter 2018 Fire and Rescue Services Department Results, as information. EXECUTIVE SUMMARY To provide Council with the October 1, 2018 to December 31, 2018 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2018 Business Objectives Objective Target Date Status Bunker Gear Decontamination Q3 Incomplete Gas Detection & Air Monitoring Q3 Complete Low Angle Rescue Q2 Complete Fire Comm Infrastructure Reserve Q4 Complete Traffic Signal Priority Control System Q3 Incomplete Auto Extrication Equipment Q3 Complete SCBA Reserve Contribution Q4 Complete Live Fire Training Simulator Q3 Complete Fire Ground Equipment Q2 Complete Strategic Planning Committee Complete Committee Succession Management Ongoing Development training in progress. Reservist Program at full strength. Needs Assessment for Ladder 4 Q4 Complete Fire Comm Customer Development Ongoing Ongoing CEMP Update Q3 Complete Fire Underwriters Survey Q1 Complete. Page 176 of 453 Page 2 / 4 CAO Key Indicators 19 Firefighters on average attended training exercises with an average participation rate of 73%. The year to date average is 21 Firefighters attending an average of 77% of training exercises. The Average firefighter, year to date, has attended 75% of “Platoon” calls and 52% of “All Calls”. 2018 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 10 359 Overpressure Rupture/Explosion (No Fire) 3 17 Pre Fire Conditions/ No Fire 30 161 False Fire Calls 77 376 Carbon Monoxide False Calls 32 162 Public Hazard 28 190 Rescue 35 226 Medical/Resuscitator Call 19 71 Other Response 11 62 YTD 245 1624 2017 Dollar Loss / Loss Prevention Number of Property Fire Incidents Estimated Property Value at Risk Estimated Structure Fire Loss Estimated Content Fire Loss Property Fire Loss Prevented Q1 1 290,000 Q2 3 84,500 Q3 0 0 Q4 4 18.000 Year to Date Total Fire Loss (structure & contents): $392.500 Fire Prevention Inspections 4th Quarter 2018 Year to Date Assigned 0 24 In Progress 2 4 Follow Up 0 0 Legal Action 0 0 Rescinded 0 0 Closed 0 30 Page 177 of 453 Page 3 / 4 CAO Apparatus Utilization Apparatus 2018 4th Quarter 2018 Year to Date 2017 4th Quarter 2017 Year End Car 1 9 36 11 49 Car 2 0 48 17 80 Pumper 1 41 169 50 235 Pumper 2 14 52 12 106 Rescue 3 11 58 24 123 Ladder 4 28 118 34 155 Public Education Types 2018 4th Quarter 2018 Year to Date 2017 4th Quarter 2017 Year End Station Tours 3 12 1 5 Presentations 9 21 10 24 Newspaper/Media 0 1 0 2 Charity Event 0 5 0 4 Fire Communication Report Town of Tillsonburg Calls 2018 4th Quarter On Call Called Out 2018 YTD On Call Called Out YTD Customer Service 313 N/A 1251 N/A OPP 29 N/A 127 N/A WORKS 16 6 69 51 HYDRO 26 33 158 120 WATER 8 8 42 29 KENNEL 0 0 12 8 ++++ Tillsonburg Fire 2018 4th Quarter 2018 YTD Administration Lines 314 915 Emergency Calls 55 260 Non Emergent Calls 166 812 Side Door 195 643 Fire Incidents 61 245 Fire Comm 2018 4th Quarter 2018 YTD Emergency Calls 623 2987 Non Emergent Calls 1911 9347 Fire Incidents 689 3236 Page 178 of 453 Page 4 / 4 CAO FINANCIAL IMPACT/FUNDING SOURCE Fire & Rescue Service is currently $14,375.00 under budget. The financial forecast for Fire & Rescue Services through to December 31, 2018 is to be on budget. Page 179 of 453 2018 2018 (Surplus)/Project Status Budget Actuals Deficit Project Listing 150 Fire 143 Fire Comm Infrastructure 3820 Debt Proceeds (55,200) (55,223) (23) 5425 Sp Proj Exp 55,200 55,223 23 Total 143 Fire Comm Infrastructure Complete 144 Traffic Signal Priority System 3905 Contr from DC Res (32,000) 32,000 5425 Sp Proj Exp 32,000 (32,000) Total 144 Traffic Signal Priority System In progress 155 Fire Comm Console 3825 Debt - User pay (93,500) (93,500) 3900 Contr from Res (37,800) (25,008) 12,792 5425 Sp Proj Exp 145,008 145,008 5505 Subcon Exp 157,800 (157,800) Total 155 Fire Comm Console 26,500 26,500 Complete 156 Digital Road Sign 3300 Misc Rev (5,000) 5,000 3705 Donation Rev (1,000) (1,000) 3900 Contr from Res (2,496) (2,496) 5425 Sp Proj Exp 19,500 17,996 (1,504) Total 156 Digital Road Sign 14,500 14,500 Complete 157 Communication Log Recorder 5425 Sp Proj Exp 18,500 18,500 0 Total 157 Communication Log Recorder 18,500 18,500 0 Complete Total 150 Fire 59,500 59,500 0 160 Police 150 Sally Doors 3900 Contr from Res (7,000) 7,000 5505 Subcon Exp 7,000 (7,000) Total 150 Sally Doors In progress Total 160 Police Total Project Listing $59,500 $59,500 $0 Page 180 of 453 2018 2018 Actual % Note Budget Actuals Variance Variance Reference Revenues User Charges (339,000) (358,771) (19,771) 6% 6 Specified Revenue (66,637) (66,637) 100% 1 Total Revenues (339,000) (425,408) (86,408)25% 0 Expenditures Labour 1,023,200 1,076,686 53,486 5% 2 Purchases 233,000 212,872 (20,128) 9% 3 Contracted Services 94,800 71,365 (23,435) 25% 4 Contribution to Reserves 45,000 111,637 66,637 148% 1 Interfunctional Adjustments 195,100 196,516 1,416 1% Debt Principal & Interest 22,600 16,657 (5,943) 26% 5 Total Expenditures 1,613,700 1,685,733 72,033 4% Total Net Levy 1,274,700 1,260,325 (14,375)1% Development Charges DC Revenue Collected (66,637) (66,637) DC Contribution to Reserves 66,637 66,637 Notes: 1 DC Revenue 2 3 4 5 Debt Principal & Interest under $5,900 - surplus due to timing of debt proceeds 6 Fire Comm dispatch revenue over $21,700 FT labour over 40,100 -Acting Deputy fire Chief, plus additional payroll & benefit costs; Net PT labour over $13,700 - $5,400 -Fire suppression, $8,200 - Fire Communications Training under $9,700; Program Supplies under $4,700 - Public Education and CEMP Subcontractor Expense under $18,100 Equipment Maintenance Contract under $5,400 Page 181 of 453 2018 2018 Actual % Note Budget Actuals Variance Variance Reference Revenues Grants (72,800) (69,585) 3,215 4% User Charges (315,000) (323,699) (8,699) 3% Specified Revenue (10) (10) 100% Contribution from Reserves (41,300) (41,300) Total Revenues (429,100) (434,594) (5,494)1% Expenditures Labour 105,900 105,737 (163) Purchases 78,200 76,701 (1,499) 2% Contracted Services 3,120,100 3,125,666 5,566 Contribution to Reserves 2,332 2,332 100% Interfunctional Adjustments 8,900 8,868 (32) Total Expenditures 3,313,100 3,319,304 6,204 Total Net Levy 2,884,000 2,884,710 710 Development Charges DC Revenue Collected (10) (10) DC Contribution to Reserves 10 10 Page 182 of 453 Report Title 2018 Fourth Quarter Operations Services Department Results Report No. OPS 19-18 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Operating & Capital Summaries Page 1 / 4 RECOMMENDATION: THAT Council receive Report OPS 19-18 2018 Fourth Quarter Operations Services Department Results, as information. SUMMARY To provide Council with the January 1, 2018 to December 31, 2018 Operations Services financial results. Table 1: 2018 Operations Business Plan Objective Target Project Status Continue review of Public Works, Engineering & Water/ Wastewater procedures and records management Q1 – Q4 In Progress (Cont’d in 2019 BP) Airport Feasibility Analysis Q4 Not Started (CFWD in 2019 BP) Comprehensive Sidewalk Review Q1 Completed Winter Maintenance Level of Service Policy Q2 Completed Continue Corporate Fleet CVOR Compliance Initiative Q1 – Q4 In Progress (Cont’d in 2019 BP) Renegotiations of Solid Waste and Recycling Collection Agreement with Oxford County Q2/Q3 In Progress (Cont’d in 2019 BP) Renegotiations of Urban Road Maintenance Agreement with Oxford County Q3/Q4 Not Started (CFWD in 2019 BP) Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3/Q4 In Progress (Cont’d in 2019 BP) Develop & Implement Leak Detection Program Q2/Q3 Not Started (CFWD in 2019 BP) Develop & Implement Manhole Inspection Program Q1 – Q3 In Progress (Cont’d in 2019 BP) Water Transmission Main Maintenance Review Q2 Completed Page 183 of 453 Page 2 / 4 Update Engineering Design Criteria to current industry standards & practices Q4 In Progress (Cont’d in 2019 BP) Review and Revise Engineering Rates & Fees structure Q2 Not Started (CFWD in 2019 BP) Review of Outstanding deficiencies and Legacy issues related to stale Developments Q1 – Q4 Completed Asset Management Q2 – Q4 Completed  Storm Sewer CCTV Inspections Big Otter Creek / Old Vienna Rd Slope Stability Design Study Q2/Q3 In Progress (Cont’d in 2019 BP) Railway Crossing Safety Assessments Q3 In Progress (Cont’d in 2019 BP) Broadway & Brock Intersection Audible and Accessibility Upgrades Q3 Completed Quarter Town Line Corridor Management Implementation Q2/Q3 Completed Future Kinsmen Pedestrian Bridge Enhanced OSIM Inspection Q3 Completed LED Streetlight Conversion Project Q3/Q4 Completed Concession Street E. Reconstruction Q2/Q3 Completed Annandale Ball Diamonds – Parking Lot Q2/Q3 Completed Bradburn Reconstruction – Stage 1 of 2 Q3/Q4 Completed (surface asphalt 2019) Broadway Connecting Link Rehabilitation – Town limit to south of North St. Q3/Q4 Completed Asphalt Resurfacing Program Q2/Q3 Completed Heavy Duty Vehicle Replacements  Fire Unit #73 – 1998 Aerial Truck Q3 Completed Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the associated incremental costs to maintain the additional infrastructures demonstrates the efficiencies of continuous internal improvement. Key Indicators 2018 2017 2016 2015 2014 2013 Roads (Lane km) 235.1 233.6 229.4 226.8 226.1 225.5 Sidewalks (km) 97.4 96.6 94.2 91.6 89.5 89.1 Page 184 of 453 Page 3 / 4 GOALS FOR NEXT QUARTER  Continue records management and CVOR compliance initiative  Data gathering and survey of future infrastructure capital projects  Begin road reconstruction design drawings and issue early tenders  Continue various agreement renegotiations and manhole inspection program  Continue records management and CVOR compliance initiatives  Continue winter maintenance operations of roadways, sidewalks and parking lots FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2018 Q4 Operations Services overall variance is summarized in Table 2. Table 2: Fourth Quarter Budget vs. Actual Variance Summary Department (Surplus) / Deficit Operations Administration (224) Engineering Services 47,417 Public Works 45,263 Airport Operations 10,560 Waste Management 570 Fleet Services (47,117) Transit Services 7,526 Total Variance 63,995 Page 185 of 453 Page 4 / 4 Report Approval Details Document Title: OPS 19-18 2018 Fourth Quarter Operations Services.docx Attachments: - OPS 19-18 Attachment 1 - Operating and Capital Summaries.pdf Final Approval Date: May 23, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 22, 2019 - 9:30 AM David Calder - May 22, 2019 - 5:30 PM Donna Wilson - May 23, 2019 - 8:15 AM Page 186 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues User Charges (1,348,800)(1,348,804)(4)0% Specified Revenue (112,167)(112,167)100%1 Total Revenues (1,348,800)(1,460,971)(112,171)8%0 Expenditures Labour 308,600 294,067 (14,533)5%2 Purchases 543,400 512,969 (30,431)6%3 Contracted Services 5,500 4,460 (1,040)19% Contribution to Reserves 112,167 112,167 100%1 Interfunctional Adjustments 242 242 100% Debt Principal & Interest 267,600 266,249 (1,351)1% Total Expenditures 1,125,100 1,190,154 65,054 6%0 Total Net Levy (223,700)(270,817)(47,117)21%0 Development Charges DC Revenue Collected (112,167)(112,167) DC Contribution to Reserves 112,167 112,167 Notes: 1 DC Revenue 2 FT labour under $10,500 - vacancy; OT under $3,100 3 Equip. Rental under $12,600; Fuel & Oil under $9,100; Equip. Repairs under $6,900 Page 187 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 237,500 238,095 595 Purchases 10,200 9,405 (795)8% Interfunctional Adjustments (6,600)(6,624)(24) Total Expenditures 241,100 240,876 (224) Total Net Levy 241,100 240,876 (224) Page 188 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues User Charges (34,000)(52,929)(18,929)56%1 Total Revenues (34,000)(52,929)(18,929)56%0 Expenditures Labour 453,300 285,638 (167,662)37%2 Purchases 26,000 220,691 194,691 749%3 Interfunctional Adjustments (148,100)(108,783)39,317 27%4 Total Expenditures 331,200 397,546 66,346 20%0 Total Net Levy 297,200 344,617 47,417 16%0 Notes: 1 Additional construction admin & inspection revenue $12,900; Additional subdivision review revenue $4,600 2 Labour Vacancies 3 Third Party Engineering Services 4 labour cost recovery charge under $39,300 - labour vacancies Page 189 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Grants (75,000) (129,092) (54,092) 72% 1 User Charges (1,303) (1,303) 100% Specified Revenue (264,905) (264,905) 100% 2 Total Revenues (75,000) (395,300) (320,300)427% 0 Expenditures Labour 650,800 660,260 9,460 1% Purchases 253,900 277,075 23,175 9% 3 Contracted Services 218,500 232,325 13,825 6% 4 Contribution to Reserves 309,905 309,905 100% 1,2 Interfunctional Adjustments 274,000 273,996 (4) Debt Principal & Interest 308,000 307,655 (345) Total Expenditures 1,705,200 2,061,216 356,016 21% 0 Total Net Levy 1,630,200 1,665,916 35,716 2% Development Charges DC Revenue Collected (264,905) (264,905) DC Contribution to Reserves 264,905 264,905 Notes: 1 Additional $45,000 County Grant for Town paving of North St. intersection 2DC Revenue 3 Building Repairs & Maintenance over $10,200; Supplies Expense over $7,100 4 Subcontractor Expense over $13,800 - Brush & Tree removal Page 190 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 208,700 224,176 15,476 7%1 Purchases 127,500 105,702 (21,798)17%2 Contracted Services 3,000 14,351 11,351 378%3 Interfunctional Adjustments 205,600 205,596 (4) Total Expenditures 544,800 549,825 5,025 1% Total Net Levy 544,800 549,825 5,025 1% Notes: 1 FT labour under $9,100 (early winter HEO dismissal); OT over $23,700 2 Salt Supplies under $21,800 3 Subcontractor Expense over $11,400 - Parking Lot clearing assistance Page 191 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Levy, PILS (141,500)(139,049)2,451 2% Other Revenue (21,887)(21,887)100%3 Specified Revenue (82)(82)100%1 Total Revenues (141,500)(161,018)(19,518)14%0 Expenditures Labour 26,000 14,960 (11,040)42%2 Purchases 10,500 7,219 (3,281)31% Contracted Services 25,000 27,774 2,774 11% Contribution to Reserves 27,500 58,499 30,999 113%1, 3 Interfunctional Adjustments 38,400 38,388 (12) Debt Principal & Interest 14,100 14,179 79 1% Total Expenditures 141,500 161,019 19,519 14%0 Total Net Levy 1 1 Development Charges DC Revenue Collected (82)(82) DC Contribution to Reserves 82 82 Notes: 1 DC Revenue 2 Net Labour Allocation within Public Works 3 Cash-in-lieu of parking (253 Broadway) Page 192 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Total Revenues Expenditures Labour 29,100 10,209 (18,891)65%1 Purchases 274,600 256,301 (18,299)7%2 Contracted Services 3,000 19,285 16,285 543%3 Contribution to Reserves 7,800 7,800 Interfunctional Adjustments 20,000 20,004 4 Total Expenditures 334,500 313,599 (20,901)6%0 Total Net Levy 334,500 313,599 (20,901)6%0 Notes: 1 Net Labour Allocation within Public Works 2 Energy Savings $50,500; Material & Supplies over $32,200 - new/relocation of streetlight requests, underground fault repairs 3 Subcontractor Expense over $16,300 - new/relocation of streetlight requests, underground fault repairs Page 193 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Grants (5,000)(5,000) User Charges (414,400)(388,846)25,554 6%1 Other Revenue (11)(11) Total Revenues (419,400)(393,857)25,543 6%0 Expenditures Labour 113,900 113,942 42 Purchases 265,100 247,771 (17,329)7%2 Contracted Services 39,800 42,153 2,353 6% Interfunctional Adjustments 11,300 11,340 40 Debt Principal & Interest 37,600 37,511 (89) Total Expenditures 467,700 452,717 (14,983)3% Total Net Levy 48,300 58,860 10,560 22%0 Notes: 1 2 Fuel expense under $24,400; Building Repairs over $8,900 (sump pump failure & damage) Fuel sales under $41,100; Insurance Proceeds over $21,300; Net rent revenue under $7,500 (Lease Land Rentals) Page 194 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Grants (75,000)(75,000)100%1 Specified Revenue (19,907)(19,907)100%2 Total Revenues (94,907)(94,907) Expenditures Labour 51,400 30,903 (20,497)40%3 Purchases 2,000 78,310 76,310 3,816%4 Contracted Services 50,000 94,613 44,613 89%5 Contribution to Reserves 19,907 19,907 100%1 Interfunctional Adjustments 25,900 25,896 (4) Debt Principal & Interest 31,000 31,000 Total Expenditures 160,300 280,629 120,329 75%0 Total Net Levy 160,300 185,722 25,422 16%0 Development Charges DC Revenue Collected (19,907)(19,907) DC Contribution to Reserves 19,907 19,907 Notes: 1 CWWF Grant $75,000 2 DC Revenue 3 FT labour under $20,700 4 Special Project Expense over $75,000 - North St. E. Storm Drainage Channel Outlet 5 Subcontractor Expense over - $41,800 Delevan Cres. Storm Outlet Failure Page 195 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Grants (117,600)(130,359)(12,759)11%1 User Charges (122,200)(137,147)(14,947)12%2 Total Revenues (239,800)(267,506)(27,706)12%0 Expenditures Labour 69,500 66,600 (2,900)4% Purchases 101,900 122,367 20,467 20%3 Contracted Services 123,500 134,133 10,633 9%4 Interfunctional Adjustments 124,100 124,176 76 Total Expenditures 419,000 447,276 28,276 7%0 Total Net Levy 179,200 179,770 570 0%0 Notes: 1 Additional $10,200 County Grant related to Yard Waste Depot 2 Additional Scrap Metal revenue $8,300; Bag Tag Sales over $6,100 3 Bag Tags Purchased over $20,000 4 Yard Waste Depot Subcon Expense over $10,200 Page 196 of 453 2018 2018 Actual %Note Budget Actuals Variance Variance Reference Revenues Grants (54,100)(54,075)25 User Charges (7,902)(7,902)100%1 Total Revenues (54,100)(61,977)(7,877)15%0 Expenditures Purchases 28,900 28,850 (50)0% Contracted Services 54,100 69,553 15,453 29%2 Total Expenditures 83,000 98,403 15,403 19%0 Total Net Levy 28,900 36,426 7,526 26%0 Notes: 1 Bus Fares 2 Subcontractor Expense over $15,500 for T-GO service provider Page 197 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit Project Listing   130 Fleet   060 Snowplow Truck Rep #064   3820 Debt Proceeds (275,000) (275,000)                         5505 Subcon Exp 275,000              258,952              (16,048)  5950 Contrib to Res                       14,209                14,209                 Total  060 Snowplow Truck Rep #064 (1,839) (1,839) 2017 CFWD Complete 062 Service Truck Rep#044   3825 Debt ‐ User pay (172,100) (172,142) (42)  5425 Sp Proj Exp                       1,483                  1,483                     5505 Subcon Exp 172,100              172,498              398                        Total  062 Service Truck Rep#044 1,839 1,839 2017 CFWD Complete 064 Street Sweeper Rep#085   3900 Contr from Res (280,000) (276,152) 3,848                     5310 Equip S&R                       3,504                  3,504                     5425 Sp Proj Exp                       3,555                  3,555                     5505 Subcon Exp 280,000              269,093              (10,907)  Total  064 Street Sweeper Rep#085 2017 CFWD Complete 078 Disposal of Fleet Assets   3810 Sale of Assets (49,890) (49,890)  5425 Sp Proj Exp 3,808                  3,808                     5950 Contrib to Res 46,082                46,082                   Total  078 Disposal of Fleet Assets Complete 086 Hydro Cable Truck Rep#074   3825 Debt ‐ User pay (300,000)                      300,000                 5505 Subcon Exp 300,000                                     (300,000)  Total  086 Hydro Cable Truck Rep#074 Postponed to 2019 087 Hydro Service Truck Rep#041   3825 Debt ‐ User pay (65,000)                      65,000                   5505 Subcon Exp 65,000                                       (65,000)  Total  087 Hydro Service Truck Rep#041 In progress ‐ Delivered in January 2019 090 Fire Unit (Rpl#73)  3820 Debt Proceeds (920,000)                      920,000                 3900 Contr from Res (235,000)                      235,000                 3905 Contr from DC Res (220,000)                      220,000                 5505 Subcon Exp 1,375,000                                 (1,375,000)  Total  090 Fire Unit (Rpl#73)In progress ‐ Delivered in January 2019 091 Service Bay Repairs   5505 Subcon Exp 57,000                                       (57,000)  5950 Contrib to Res                       57,000                57,000                   Total  091 Service Bay Repairs 57,000 57,000 In progress 110 Lake Lisgar Barge&Trailer   3300 Misc Rev                       (12,237) (12,237)  5425 Sp Proj Exp                       12,237                12,237                   Total  110 Lake Lisgar Barge&Trailer Complete ‐ funded from LLRP Trust Total  130 Fleet 57,000 57,000                          Page 198 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit 210 Engineering   212 Broadway & Glendale Ped X   3820 Debt Proceeds (40,000) (45,644) (5,644)  3900 Contr from Res (50,000) (50,000)                         5425 Sp Proj Exp 90,000                95,562                5,562                     5950 Contrib to Res                       82                       82                        Total  212 Broadway & Glendale Ped X 0 0 2017 CFWD Complete 216 QTL Corridor Mgmnt Implmntatin   3905 Contr from DC Res (33,000) (31,360) 1,640                     5425 Sp Proj Exp 125,000              123,360              (1,640)  Total  216 QTL Corridor Mgmnt Implmntatin 92,000 92,000 Complete 217 Kinsmen Bridge OSIM Inspection   5950 Contrib to Res 40,000 40,000   Total  217 Kinsmen Bridge OSIM Inspection 40,000 40,000 Complete 218 Brdwy&Brock Accessible Upgrade   3820 Debt Proceeds (60,000) (54,356) 5,644                     5425 Sp Proj Exp 60,000                54,356                (5,644)  Total  218 Brdwy&Brock Accessible Upgrade                                              Complete 219 Railway Crossing Safety Assess   5505 Subcon Exp 20,000                                       (20,000)  5950 Contrib to Res                       20,000                20,000                   Total  219 Railway Crossing Safety Assess 20,000 20,000 In progress Total  210 Engineering 152,000 152,000                          220 Public Works   223 Bradburn Area Stage 1 of 2   5505 Subcon Exp 325,000                                     (325,000)  5950 Contrib to Res 325,000 325,000   Total  223 Bradburn Area Stage 1 of 2 325,000 325,000 Complete ‐ surface asphalt in 2019 229 Annual Resurfacing   3200 Grants&S‐Fed (382,400) (319,707) 62,693                   5505 Subcon Exp 382,400              319,707              (62,693)  Total  229 Annual Resurfacing Complete 231 Connecting Link Resurfacing   3205 Grants&S‐Prov (975,600) (896,066) 79,534                   3900 Contr from Res (92,900) (84,063) 8,837                     3905 Contr from DC Res (6,500) (6,500)                         5505 Subcon Exp 1,084,000          995,629              (88,371)  Total  231 Connecting Link Resurfacing 9,000 9,000 Complete 245 Riverview Stage 2   3200 Grants&S‐Fed (387,400) (357,324) 30,076                   5505 Subcon Exp 387,400              357,324              (30,076)  Total  245 Riverview Stage 2 Complete 258 Concession St E   3200 Grants&S‐Fed                       (21,360) (21,360) 3205 Grants&S‐Prov (697,400) (697,084) 316                        3900 Contr from Res (10,000) (10,000)                         5505 Subcon Exp 785,000              806,044              21,044                   Total  258 Concession St E 77,600 77,600 0 Complete Total  220 Public Works 411,600 411,600 0   Page 199 of 453 2018 2018 (Surplus)/ Project Status Budget Actuals Deficit 235 Streetlights   310 LED Conversion   3205 Grants&S‐Prov (31,700) (31,687) 13                          3825 Debt ‐ User pay (1,615,000) (115,000) 1,500,000             5505 Subcon Exp 1,646,700          146,688              (1,500,012)  Total  310 LED Conversion 11Complete ‐ waiting on Debt proceeds Total  235 Streetlights 11  260 Storm Sewers   223 Bradburn Area Stage 1 of 2   3200 Grants&S‐Fed (105,000) (93,571) 11,429                   5505 Subcon Exp 105,000              93,571                (11,429)  Total  223 Bradburn Area Stage 1 of 2 Complete 258 Concession St E   3200 Grants&S‐Fed                       (2,457) (2,457) 3205 Grants&S‐Prov (103,500) (103,500)                         3900 Contr from Res (25,000) (25,000)                         5505 Subcon Exp 140,000              142,457              2,457                     Total  258 Concession St E 11,500 11,500 0 Complete 354 Big Otter Creek/Old Vienna Rd   5505 Subcon Exp 50,000                                       (50,000)  5950 Contrib to Res                       50,000                50,000                   Total  354 Big Otter Creek/Old Vienna Rd 50,000 50,000 In progress 355 Storm CCTV Inspection Prgm   3900 Contr from Res (21,000) (22,223) (1,223)  5505 Subcon Exp 40,000                41,223                1,223                     Total  355 Storm CCTV Inspection Prgm 19,000 19,000 0 Complete 413 Oversizing ‐ Andrew's Crossing   3900 Contr from Res (25,000) (23,131) 1,869                     5505 Subcon Exp 25,000                23,131                (1,869)  Total  413 Oversizing ‐ Andrew's Crossing Complete Total  260 Storm Sewers 80,500 80,500 0   280 Waste Management   443 Transfer Station Improvements   3200 Grants&S‐Fed                       (20,949) (20,949) 3900 Contr from Res (130,000) (130,000)                         5425 Sp Proj Exp 130,000              150,949              20,949                   Total  443 Transfer Station Improvements 0 0 2017 CFWD Complete Total  280 Waste Management 00  Total  Project Listing $701,100 $701,101 $1   Page 200 of 453 Report Title 2018 Fourth Quarter Recreation Culture and Parks Department Results Report No. RCP 19-23 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date May 27, 2019 Attachments 2018 Q4 RCP Operating Results Page 1 / 4 2018 Fourth Quarter Recreation Culture and Parks Department Results RECOMMENDATION THAT Council receive report RCP 19-23 2018 Fourth Quarter Recreation, Culture and Parks Department Results, as information. EXECUTIVE SUMMARY This report provides Council with the January 1, 2018 to December 31, 2018 Department year to date operational and financial results for Recreation, Culture & Parks. BACKGROUND 2018 Business Objectives and Capital Projects Division Item Target Date Status Programs & Services Recreation Program and Business Service Review Q 2 - 3 Deferred to 2019 Procure Recreation Leisure Guide Production Q1 Complete Implementation and Training of the new Recreation Software - Legend Q1 - 4 Complete Lifesaving Society updates to Leadership Programs and Learn to Swim Program Q1 Complete Culture & Heritage Museum Anniversary Events Q1 - 4 Complete Final Year of Oxford Remembers – Oxford’s Own commemoration of the 100th Anniversary of W.W. I. Q 1 - 4 Complete Book Publications: Tillsonburg’s Architectural Gems and The Tillson Empire. Q 1 - 4 In progress Museum Souvenirs Q 1 - 4 In progress 2018 Exhibits & Events Q 1 – 4 Complete Parks & Facilities Support J.L. Scott McLean Outdoor Recreation Pad Q1-Q4 Complete Support Gibson House Boathouse and Deck initiative Q1-Q4 In progress Develop 2019-2024 Town Energy Conservation & Demand Management Plan Q2 In progress Support development of Community GHG Plan Q2-Q4 Deferred pending funding Page 201 of 453 Page 2 / 4 2018 Fourth Quarter Recreation Culture and Parks Department Results Implementation of the Asset Management Action Plan Q1-Q4 In progress Review of contracted cleaning services model Q1 Complete Physical security report on all facilities Q3 Deferred to 2019 Enhanced Beautification (beyond 2017 pilot) Q2-Q3 Complete Cemetery Master Plan Implementation. Q2-Q4 In progress Enhanced Ball Diamond maintenance. Q2-Q3 Complete Renewal of Housekeeping and Grass Cutting contracts. Q3-Q4 Completed Capital Projects Kiwanis/Sam Lamb/Optimist Hardball Diamond Rehab Q1-Q2 Completed Annual Memorial Park Revitalization Q2-Q3 Completed Annandale Baseball Park – Lights Q2 In progress Accessible connection to Trans-Canada Trail New Redirected to PXO Lake Lisgar Water Park Inflatables Q2 Completed Facility Asset Management Q1-Q4 In progress Floor Scrubber Replacement Q1 Complete Consolidated Roofing Projects at TCC Q2-Q3 Complete Tables & Chairs Replacement Q1 Complete Aquatic Facility Design Study Q2 Complete TCC Energy Retrofit Q1-Q4 Complete Station Arts Roof 2019 N/A Bay Lights conversion to LED Q2 Complete Water Park Renovations Q1-Q2 Complete New Sand Filters at Water Park (x2) Q2 Complete Museum Repairs and Maintenance Q3-Q4 Complete Servant Porch Q2 Complete Connect Fire doors into FAS Q1 Not started Key Indicators Parks & Recreation Key Indicators 2018 2017 % change Comment Museum: attendance - headcount 11,243 13,159 -15%Closure in Jan, no Hevenor exhibit Programs: Advanced/Leadership - headcount 198 99 100% Programs: Aquatic registrations - headcount 4,218 4,083 3% Programs: Public Swim attendance - headcount 12,845 11,877 8% Programs: Memberships sold 1,850 2,092 -12% Programs: Health Club attendance - headcount 20,880 24,707 -15% Programs: Water Fitness attendance - headcount 12,275 10,339 19% Programs: Land Fitness attendance - headcount 2,134 2,389 -11% Programs: Public Skating attendance - headcount 2,025 3,797 -47%No summer public skates Programs: Roller Skating attendance - headcount 257 503 -49%Not as much promotion of the activity Programs: Squash Courts - headcount 528 1,101 -52%Reduced demand for the sport Programs: Waterpark attendance - headcount 14,476 16,098 -10%Not open in June, no waterslide Programs: Youth registrations - headcount 3,267 4,003 -18% Programs: Advertising revenue (guide,boards,fences)54,115 52,115 4% Programs: Rink bookings (ice) -hours 4,479 5,831 -23%No summer ice due to refrigeration plant rebuild Programs: Rink bookings (floor) - hours 236 600 -61%No dog show or NHL Centennial Programs: Tournaments (ice/pool/field)17 17 0% Programs: Room rentals (non-admin)829 933 -11% Programs: Aquatic user fees collected 12,376 14,009 -12%Lower waterpark attendance Programs: Rental insurance program 3,389 5,139 -34%Lower usage due to Legend implementation Cemetery: Niche & Plot sales (count)48 76 -37%Low niche inventory slows sales in anticipation of new units Cemetery: Interments (count)137 136 1% Data for Q1-Q4 Page 202 of 453 Page 3 / 4 2018 Fourth Quarter Recreation Culture and Parks Department Results FINANCIAL IMPACT/FUNDING SOURCE The RCP Department’s 2018 operational and capital financial variance summary is as follows: The RCP Department ended the year at a deficit of $77 compared to the Department’s budgeted impact to taxation. Positive variances in Facilities & Museum are mostly due to vacancy-related labour savings and energy savings at the Community Centre. The negative variance in Recreation Programs is a result of 50% lower than budget revenue at the Lake Lisgar Waterpark in admissions and concession proceeds. This variance is compounded by lower than expected program and facility rental revenue, partially as a result of the rebuild of the ice plant compromising rink booking revenue. As a department, RCP leadership were able to mitigate the $70,000 deficit projected at Q3 through careful management of costs and labour. 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 Division 2018 Budget 2018 Actuals Variance (surplus)/deficit Forecast at Q3 (surplus)/deficit Cemetery 103,600 106,849 3,249 ----- Parks 637,400 654,247 16,847 ----- Community Programs 22,200 24,598 2,398 ----- Recreation Programs 414,900 482,133 67,233 150,000 Facilities 2,219,600 2,158,714 (60,886)(80,000) EFC (32,300)(49,588)(17,288)----- Museum 333,200 321,724 (11,476)----- Operational Totals 3,698,600 3,698,677 77 70,000 Cemetery 25,000 25,000 ---------- Parks 166,000 166,000 ---------- Community Programs 0 0 ---------- Recreation Programs 15,000 14,999 (1)----- Facilities 366,000 366,000 ---------- EFC 0 0 ---------- Museum 55,000 55,000 ---------- Capital Totals 627,000 626,999 (1)0 Consolidated RCP Total 4,325,600 4,325,676 76 70,000 Page 203 of 453 Page 4 / 4 2018 Fourth Quarter Recreation Culture and Parks Department Results ☐ 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 204 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (133,600)(139,908)(6,308)5%1 Other Revenue (6,500)(13,380)(6,880)106%2 Total Revenues (140,100)(153,288)(13,188)9%0 Expenditures Labour 102,300 110,275 7,975 8%3 Purchases 36,600 52,738 16,138 44%4 Contracted Services 19,200 11,588 (7,612)40%5 Interfunctional Adjustments 85,600 85,536 (64) Total Expenditures 243,700 260,137 16,437 7%0 Total Net Levy 103,600 106,849 3,249 3% Notes: 1 Foundation Revenue over $6,400 2 Interest Revenue over $6,900 - Earned from the Trust 3 Net labour over $8,000 - mainly Part time 4 Supplies over $13,200 - Memorial & Plot Maintenance 5 Subcontractor Expense under $4,500; Equipment Maintenance Contract under $3,100- Building Maintenance Page 205 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (20,000)(21,590)(1,590)8% User Charges (21,000)(36,010)(15,010)71%1 Other Revenue (8,551)(8,551)100%2 Contribution from Reserves (7,800)(661)7,139 92%3 Total Revenues (48,800)(66,812)(18,012)37%0 Expenditures Labour 217,300 211,733 (5,567)3% Purchases 113,400 90,873 (22,527)20%4 Contracted Services 162,400 236,320 73,920 46%5 Contribution to Reserves 11,300 11,505 205 2% Interfunctional Adjustments 93,900 87,804 (6,096)6%6 Debt Principal & Interest 87,900 82,824 (5,076)6%7 Total Expenditures 686,200 721,059 34,859 5% Total Net Levy 637,400 654,247 16,847 3% Notes: 1 Insurance Proceeds - $17,400 - Ice damage to fencing and netting 2 Special Revenue over $4,900; Donation Revenue over $3,700 3 Use of reserves not needed as expected towards the Dog Park and Debt P&I 4 Supplies under $24,300 5 6 Fleet Charges under $6,100 7 Expected debt payment relating to Trail will commence in 2019 Subcontractor Expesnes over $73,100 - Sports fields maintenance 28,200; Internal Trails $16,600 (Veterans Walkway fencing); External Trails $8,600 (Otter Valley Corridor); Trees $7,400 Page 206 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (29,000)(24,178)4,822 17% User Charges (700)5 705 101% Total Revenues (29,700)(24,173)5,527 19%0 Expenditures Labour 7,400 13,218 5,818 79%1 Purchases 44,500 35,553 (8,947)20%2 Total Expenditures 51,900 48,771 (3,129)6% Total Net Levy 22,200 24,598 2,398 11% Notes: 1 Net labour over $5,800 - Labour for Varoius Events 2 Special Projects under $7,600 - Turtlefest town expesnes Page 207 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (42,700)(44,353)(1,653)4% User Charges (1,383,800)(1,238,505)145,295 10%1 Other Revenue (29,000)(35,292)(6,292)22%2 Total Revenues (1,455,500)(1,318,150)137,350 9%0 Expenditures Labour 1,517,700 1,465,548 (52,152)3%3 Purchases 278,200 260,289 (17,911)6%4 Interfunctional Adjustments 59,800 59,772 (28) Debt Principal & Interest 14,700 14,674 (26) Total Expenditures 1,870,400 1,800,283 (70,117)4% Total Net Levy 414,900 482,133 67,233 16%0 Notes: 1 2 Special revenue over $6,300 3 Net labour under $52,200 - Part time $40,900 - offset from shortfall in revenues, Full time $19,000 - vacancies 4 Materials Expense under $21,800 - LLWP and Concession Sales; Program supplies over $6,700; Training under $9,900 Admission revenue under $68,300 - LLWP; Memberships under $9,700 - Health Club; Rent revenue under $45,000 - Arena, Aquatics and LLWP; Concession sales under $24,800 - Concessions and LLWP Page 208 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (6,300)(2,678)3,622 57% Other Revenue (250)(250)100% Specified Revenue (68,492)(68,492)100%1 Total Revenues (6,300)(71,420)(65,120)1,034%1 Expenditures Labour 804,700 782,638 (22,062)3%2 Purchases 754,000 729,141 (24,859)3%3 Contracted Services 207,300 191,010 (16,290)8%4 Contribution to Reserves 7,600 75,857 68,257 898%1 Interfunctional Adjustments 43,300 43,308 8 Debt Principal & Interest 409,000 408,180 (820) Total Expenditures 2,225,900 2,230,134 4,234 Total Net Levy 2,219,600 2,158,714 (60,886)3% Development Charges DC Revenue Collected (53,091)(53,091) DC Contribution to Reserves 53,091 53,091 Notes: 1 2 3 4 DC Revenue $53,100; User pay Debt $15,400 -aquatics Net labour under $22,100 - Vacancies Equipment Maintenance Contract under $30,200; Subcontractor Expense over $13,900 HLW under $115,100; Supplies over $31,600; Buidling Repairs & Mantenance over $45,700; Training over $10,300 Page 209 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (87,500)(105,899)(18,399)21%1 Total Revenues (87,500)(105,899)(18,399)21%0 Expenditures Labour 30 30 100% Purchases 15,100 14,158 (942)6% Contracted Services 2,064 2,064 100% Contribution to Reserves 6,200 6,200 Debt Principal & Interest 33,900 33,859 (41) Total Expenditures 55,200 56,311 1,111 2% Total Net Levy (32,300)(49,588)(17,288)54%0 Notes: 1 increased rent Page 210 of 453 2018 2018 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (24,400)(18,049)6,351 26%1 User Charges (24,500)(18,938)5,562 23%2 Other Revenue (29,000)(14,858)14,142 49%3 Total Revenues (77,900)(51,845)26,055 33%0 Expenditures Labour 281,500 267,291 (14,209)5%4 Purchases 99,200 75,254 (23,946)24%5 Contracted Services 12,000 12,610 610 5% Interfunctional Adjustments 18,400 18,444 44 Total Expenditures 411,100 373,599 (37,501)9%0 Total Net Levy 333,200 321,754 (11,446)3% Notes: 1 Sponsorships for Community events not received - Canada Day, Turtlefest, Anniversary. Tillosn Gallery Upgrade 2 Concession sales under $5,000; Program Revenue over $3,300 3 Special Revenue under $11,800 - Lunch & Learns, Bus Trips, Canada day, Special Fundraisers 4 Net labour under $14,200 - Overtime and Part time 5 Special events under $9,700 - offset from Special revenues, Special Projects under $4,100- offset from special revenues; Supplies under $5,200 Page 211 of 453 Report Title Regional Review Council Committee Report No. CAO-19-05 Author David Calder, on behalf of the Regional Review Council Committee Meeting Type Council Meeting Council Date May 27, 2019 Attachments Page 1 / 3 13444344891,,,Regional Review Council Committee Report RECOMMENDATION THAT the Regional Review Council Committee supports the position of Tillsonburg Council and the County of Oxford for a two tier governance system in Oxford; AND THAT the committee recommends to Council that once the province determines the government structure that the municipality be included in a consultation process which includes the service level review in Oxford County; AND THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to the Minister of Agriculture, Food and Rural Affairs and to the area municipalities including the County of Oxford. EXECUTIVE SUMMARY At its meeting of April 23, 2019, Town Council authorized the formation of a Regional Review Committee along with a Terms of Reference. The Regional Review Committee meet on April 29, 2019 and again on May 21, 2019. BACKGROUND At the Regional Review Committee meeting of April 29, 2019, the Committee appointed Councillor Parker as committee Chair, discussed the committee Terms of Reference, the Service Delivery Review approved by the Oxford County municiaplities and resolutions of the Oxford County municipalities in support of the two-tier system. In addition, there was discussion around the scheduled public meeting that was held on May 16, 2019. It was decided by the Committee that any further Committee discussion would take place on May 21, 2019 to follow the May 14, 2019 public meeting. All members of the Committee were in attendance at the public meeting. Subsequently, at the Regional Review Committee of May 21, 2019, after much discussion the Committee passed the recommendation, noted above, for Council’s consideration. Page 212 of 453 Page 2 / 3 CAO The Regional Review Committee will remain as an advisory committee to Council in order to provide future advice to Council as the Province moves through the Regional Government Review process over the coming months. FINANCIAL IMPACT/FUNDING SOURCE There is no immediate financial impact should Council adopt the recommendation as provided by the Regional Review Committee. COMMUNITY STRATEGIC PLAN IMPACT Community Strategic Plan (CSP), Section 1, Excellence in Local Government Page 213 of 453 Page 3 / 3 CAO Report Approval Details Document Title: Regional Review Council Committee Report.docx Attachments: Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: No Signature - Task assigned to David Calder was completed by workflow administrator Amelia Jaggard David Calder - May 22, 2019 - 1:17 PM Page 214 of 453 Report Title Code of Conduct Report No. CLK 19-15 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date May 27, 2019 Attachments Draft Code of Conduct Code of Conduct – Red Lined Page 1 / 4 135488155,,,CLK 19-15 Code of Conduct RECOMMENDATION THAT Report CL 19-15, Code of Conduct, be received; AND THAT a By-Law to authorize the Code of Conduct Policy be brought forward for Council consideration. EXECUTIVE SUMMARY Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. The Bill made a number of amendments to the Municipal Act, 2001 including a requirement for municipalities to establish codes of conduct for members of the council of the municipality and of its local boards. In addition to the requirement for a Code of Conduct the municipality is required to appoint an Integrity Commissioner which was provided by By-Law 4267 at the February 11, 2019 Council Meeting. The Bill required that not only the municipality must appoint an Integrity Commissioner or have one at their disposal but there were a number of expanded roles included in the legislation. It was necessary to update the Code of Conduct as a result of the expanded roles which include, the application of the code of conduct, rules and policies of the municipality governing the ethical behaviour of members of Council and Local Boards, the application of the Municipal Conflict of Interest Act (MCIA) and advice, also advice respecting obligations under the code of conduct and under a procedure, rule or policy of the municipality governing the ethical behaviour of members and to educate council and the local board about codes of conduct for members. DISCUSSION At the Council Meeting of December 14, 2015 Council passed By-Law 3979 to adopt the Code of Conduct for Tillsonburg Town Council. This By-Law updated a previous Code of Conduct adopted by Council on February 25, 2010 by By-Law 3405. In 2007 Bill 130 came into force which amended the Municipal Act to provide municipalities with the option to create Codes of Conduct. Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, was passed and given Royal Assent in December, 2014. In May 2015, it was announced that it will be proclaimed into force as of January 1, 2016. While this Bill still did not require municipalities to develop a Council Code of Conduct it certainly provided for an expanded set of powers and Page 215 of 453 Page 2 / 4 CAO protocols for the Office of the Ontario’s Ombudsman. This statute allowed the Ontario Ombudsman to oversee the administration, governance, and operation of Municipalities. Many municipalities developed Council Codes of Conduct at that time to ensure accountability and transparency of municipal government. While Tillsonburg Council was proactive in developing a Code of Conduct in 2015 it became apparent that an updated code should be provided based on Bill 68 requirements. The updated Draft Code of Conduct provides amendments that are summarized into three categories as set out below: Bill 68 amendments:  Applies to the B.I.A. Board, where appropriate;  Complaints to be provided directly to Integrity Commissioner;  Expanded powers of Integrity Commissioner;  Includes restricted period for the consideration of complaints during a regular election;  Advice provided by Integrity Commissioner may be released with written consent;  Should the office of Integrity Commissioner become vacant, the municipality will make arrangements for all of the responsibilities of the Integrity Commissioner to be provided by a Commissioner of another municipality;  Processes are also in place to ensure that the Integrity Commissioner limits their public education and outreach efforts to those requested by members of council, members of local boards and the municipality. Additional clarification:  Includes a definition of meeting;  Definition of “local board” means a local board other than a police service board established under the Police Service Act, 2018;  Complaints outside Integrity Commissioner jurisdiction. Housekeeping:  Formatting updated. The Code of Conduct would apply to Council, Boards and Committees of Council. The draft policy outlines principles for the Town to adopt to ensure conduct is appropriate in its governance and operations. Tillsonburg’s current mission, vision and core values all strongly promote accountability with the theme of working with and for the public to provide quality services in a highly ethical and professional manner. Page 216 of 453 Page 3 / 4 CAO CONSULTATION/COMMUNICATION The Draft Code of Conduct was provided to Gregory Stewart, Integrity Commissioner for his review and comments. The section on Professional Development was removed as Mr. Stewart suggested that this is not an area to measure conduct. There is no requirement for Council members to attend training sessions or conferences. The other section that was removed from the previous document was the section on public input. Mr. Stewart suggested that this section be removed as part of Council’s role is to seek public input and to represent the constituents of the municipality. This would not be a code of conduct issue as this would be impossible to measure. FINANCIAL IMPACT/FUNDING SOURCE There will be no financial impacts as a result of the adoption of this policy. If the Integrity Commissioner is retained for an investigation and or to provide advice or training to council, there will be a cost based on the hourly rate of $250.00 for the services of the Integrity Commissioner. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability Page 217 of 453 Page 4 / 4 CAO Report Approval Details Document Title: CLK 19-15 Code of Conduct.docx Attachments: - Code of Conduct - Tracked Changes.pdf - 2-003 Code of Conduct.docx Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 12:52 PM Page 218 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT Policy Number 2-003 Approval Date December 14, 2015 Revision Date May 27, 2019 Schedules Form A – Disclosure Statement Form B – Formal Complaint Form/Affidavit Policy Statement: Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose: A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. Scope: The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include: • Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner; • Members shall be committed to performing their functions with integrity without using the influence of their office; • Members shall avoid all conflicts of interest; • Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny; • Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and, • Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. Page 219 of 453 Policy 2-003 Page 2 of 18 This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 1. Definitions In the Code of Conduct, the terms “child”, “parent” and “spouse” have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee” or “Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council’s review, including any ad hoc, subcommittee or task force. “Clerk” means the Municipal Clerk for the Corporation of the Town of Tillsonburg. “CAO” means the Chief Administrative Officer for the Corporation of the Town of Tillsonburg. "Code of Conduct" means the “Town of Tillsonburg Code of Conduct” for Members of Council, Local Boards and Advisory Committees”. "Complainant" means a person who has filed a complaint under the Code of Conduct. "Complaint" means a purported contravention of the Code of Conduct.means an alleged contravention of the Code of Conduct submitted to an Integrity Commissioner appointed by the Council of the Town of Tillsonburg. “Council” means the Council of the Town of Tillsonburg. “Integrity Commissioner" shall mean an Integrity Commissioner who may be appointed by the Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct.means the officer appointed by council pursuant to Section 223.3 of the Municipal Act, 2001. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in-law, brother-in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled intention to treat as an immediate relative. "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council: • Downtown Tillsonburg Business Improvement Area (BIA) Board of Management • Tillsonburg Police Services Board • Property Standards Appeal Committee • Committee of Adjustment Comment [AJ1]: Municipal Act, 2001 section 223.1 Definitions: “local board” means a local board other than, (d) a police service board established under the Police Services Act, 2018; Page 220 of 453 Policy 2-003 Page 3 of 18 “Meeting” means any regular, special or other meetings of council, of a local board or a committee of either of them, where a quorum is present and members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the council, local board or committee. "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. “Town” means The Corporation of the Town of Tillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 2. Statutory Provisions Regulating Conduct This Code of Conduct is meant to supplement existing legislation governing the conduct of Members, including but not limited to:operates along with and as a supplement to the existing statutes governing conduct. The following federal and provincial legislation governs the conduct of Members of Council: • Municipal Act • Municipal Conflict of Interest Act • Municipal Elections Act • Municipal Freedom of Information and Protection of Privacy Act • Provincial Offences Act • Human Rights Code • Criminal Code • By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 3. Application This Code of Conduct shall apply to all Members of Council, Local Boards and Advisory Committees.Committees and Local Boards. 4. Conduct at Meetings Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town’s Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 5. Transparency and Openness in Decision Making Members will conduct and convey Council or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 6. Improper Use of Influence Page 221 of 453 Policy 2-003 Page 4 of 18 No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one’s status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member’s supposed influence within Council or the Local Board in return for present actions or inaction. For the purposes of this provision, “private advantage” does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a ‘broad class of persons’ (such as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council or of a Local Board. 7. Discreditable Conduct All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. The Ontario Human Rights Code applies, as does the Town’s Discrimination and Harassment-Free Workplace Policy which recognize the right of every employee to work in an environment that is free from discrimination and harassment, by the employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; Page 222 of 453 Policy 2-003 Page 5 of 18 e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 8. Conduct Respecting Staff Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has been delegated. Members shall direct requests outside of Council or Local Board approved budget, process or policy, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council or the Local Board as a whole, and the combined interests of all Members as evidenced through the decisions of Council or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council or the Local Board. Accordingly, no Member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other’s time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or the Local Board. 9. Communications And Media Relations Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information will be communicated only when and after determined by Council or the Local Board. Page 223 of 453 Policy 2-003 Page 6 of 18 10. Conduct Regarding Current And Prospective Employment No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town or the Local Board. 11. Confidential Information Confidential information includes information in the possession of, or received in confidence by the Town or the Local Board that the Town or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as “MFIPPA”), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor-client privilege. The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, “confidential information” also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town’s Procedural By-law, a matter that has been discussed at an in-camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential: • items under litigation, negotiation, or personnel matters; • information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence); • information deemed to be “personal information” under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessary for the performance of their duties and not prohibited otherwise. Page 224 of 453 Policy 2-003 Page 7 of 18 12. Gifts and Benefits Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below. For these purposes, a fee, advance, gift or personal benefit a fee or advance paid to or a gift or benefit provided with the Member’s knowledge to an immediate relative or, friends, or associates, business or otherwise or to a Member’s staff that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an official capacity; g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1) the nature of the gift or benefit; 2) its source and date of receipt; 3) the circumstances under which it was given or received; 4) its estimated value; 5) what the recipient intends to do with the gift; and 6) whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. Page 225 of 453 Policy 2-003 Page 8 of 18 On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 13. PROFESSIONAL DEVELOPMENT Members have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to: • AMO Conferences • Federal Canadian Municipalities (FCM) • Ontario Small Urban Municipalities (OSUM) • Ministry of Municipal Affairs and Housing Seminars • Provincial Professional Association Training Institutes (OGRA, AMCTO, etc.) • Provincial Municipal Council orientation sessions Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. 14.13. Use of Town Property, Services and Other Resources Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town’s website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 15. PUBLIC INPUT Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The Page 226 of 453 Policy 2-003 Page 9 of 18 purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 16.14. Implementation At the beginning of each term, Members will be expected to sign an acknowledgment form of Council will be expected to sign the Code of Conduct to convey to each other and all stakeholders that they have read, understand and accept the Code of Conduct it. A Code of Conduct component will be included as part of the orientation workshop for each new Council. all new Members. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 17.15. Complaint Protocol If an Integrity Commissioner is appointed by the Town, the following complaint protocol applies. The Integrity Commissioner will only enforce the Code of Conduct with respect to members of Council. If an Integrity Commissioner is not appointed, the Town’s Chief Administrative Officer and the Mayor shall fill that role. It shall be noted that anywhere an Integrity Commissioner is referred to in the complaint process and one has not been appointed, the role shall be filled by the Town’s Chief Administrative Officer (CAO) and Mayor. Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file a complaint. an application to the Integrity Commissioner using the Formal Complaint Form. Complaints must be submitted within six (6) weeks of the matter first becoming known to the complainant and cannot be filed more than six (6) months after the alleged violation occurred. No action will be taken on a complaint received beyond either of the foregoing deadline. An application may only be made within six weeks after the applicant became aware of the alleged contravention. An application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied: a) The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. a)b) The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. A complainant does not have to pursue the informal complaint process set out in Section 15.1 prior to proceeding with the formal complaint process set out in Section 15.2. 15.1 Informal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: Page 227 of 453 Policy 2-003 Page 10 of 18 a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner/CAO/Mayor as outlined in Section 15.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 15.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: a) all formal complaints must be made using the Complaints Form / Affidavit (see Schedule “B”) and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a), b), c) and d) of this section; f) the Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. 15.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner, is not, on its face, is deemed not to be a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter – if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with that pursuit of such an allegation must be made through the appropriate police service; b) Municipal Conflict of Interest – if the complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, then the matter should be pursued in accordance with the Act through a court application; Page 228 of 453 Policy 2-003 Page 11 of 18 c)b) Municipal Freedom of Information and Protection of Privacy – if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must then the matter will be referred to the Municipal Clerk for review under statute; and c) Discrimination or Harassment – if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. d) Other Policy Applies – if the complaint seems to fall under another policy, the complainant shall be advised to pursue the matter under such policy. e) Lack of Jurisdiction – if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner, the complainant shall be so advised and provided with any additional reasons and referrals as the Integrity Commissioner considers appropriate. d)f) Matters Already Pending – if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding related to a Human Rights complaint or similar process, the Integrity Commissioner may, in his/her sole discretion and in accordance with legislation, suspend any investigation pending the result of the other process. If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 15.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 15.5 Opportunity for Resolution If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. 15.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner’s ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. Page 229 of 453 Policy 2-003 Page 12 of 18 The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 18.7 No Complaints or Reports Prior to Election If the Integrity Commissioner receives a complaint between nomination day as defined in the Municipal Elections Act, 1996 and the date of the inaugural meeting of Council in any year in which a regular municipal election will be held respecting a Member who is seeking re-election and he is of the opinion that it is politically motivated, he may stay the investigation until after the inaugural meeting of the newly-elected Council and shall not be required to adhere to the time calculation referred to in Section 18. 15.7 Termination of inquiry when regular election begins If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. If an inquiry is terminated the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. 15.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001. Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 223.3 (1) 5 of the Municipal Act, 2001 may be released with the member’s written consent. If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 223.3 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. The Commissioner may disclose such information as in the Commissioner’s opinion is necessary, a) for the purposes of a public meeting under subsection 223.4.1 (8); Page 230 of 453 Policy 2-003 Page 13 of 18 b) in an application to a judge referred to in subsection 223.4.1 (15); or c) in the written reasons given by the Commissioner under subsection 223.4.1 (17). 2017, c. 10, Sched. 1, s. 22. Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner’s opinion is required for the purposes of the report. When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 18.16. Reporting and General Compliance 16.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. 16.2 Annual Report The Integrity Commissioner’s annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and Page 231 of 453 Policy 2-003 Page 14 of 18 d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 16.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 16.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 16.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 16.1 of the Code of Conduct. 16.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 16.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out therein. When a vacancy occurs, all formal complaints shall be heard by the Chief Administrative Office (CAO) and the Mayor until such time as a new Integrity Commissioner has been appointed. If the municipality has not appointed an Integrity Commissioner, the default complaint investigator shall be the CAO and Mayor for the Town of Tillsonburg. the municipality shall make arrangements for all of the responsibilities of the Integrity Commissioner to be provided by a Commissioner of another municipality. 19.17. Roles of Integrity Commissioner a) Review the Code of Conduct and other Town policies and procedures relating to the ethical behaviour of Council, as requested, to ensure they continue to meet the needs of the Town. Page 232 of 453 Policy 2-003 Page 15 of 18 b) Provide educational training to members of Council on its Code of Conduct and matters of integrity, as requested; c) Provide advice to members of Council, in respect of its Code of Conduct either collectively or individually (at the members expense as budgeted) and assisting with the general interpretation of the Municipal Conflict of Interest Act, as required; d) Investigate and report on complaints and alleged breaches of the Code of Conduct. It shall be noted that if an Integrity Commissioner has not been appointed the CAO and the Mayor shall not be required to fill the role of (b) and (c) as indicated above. 1. The application of the code of conduct for members of council and the code of conduct for members of local boards. 2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of council, members of local boards and the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1). It shall be noted that if the municipality has not appointed a Commissioner, the municipality shall make arrangements for all of the responsibilities set out above to be provided by a Commissioner of another municipality. 18. Statutes Regulating the Conduct Of Councillors In the case of any inconsistency between this Code of Conduct and a Federal or Provincial statute or regulation, the statute or regulation shall prevail to the extent of the inconsistency. Page 233 of 453 Policy 2-003 Page 16 of 18 Code of Conduct Form A – Disclosure Statement Section 12 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200 or if the total value of gifts and benefits received from one source in a calendar year exceeds $500. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Source of Gift or Benefit: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Circumstances under which Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______________________________________________ Intended use of the Gift or Benefit (i.e. will be donated/provided to the Town): ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Estimates Value of Gift or Benefit: $___________________________ Date Gift or Benefit was received: ____________________________ (MM/DD/YR) ______________________________ _____________________________ Signature of Member Date Page 234 of 453 Policy 2-003 Page 17 of 18 Code of Conduct Form B – Formal Complaint Form/Affidavit I, (please print name)___________________________ of the Town of Tillsonburg, in the Province of Ontario do solemnly swear (affirm and declare) that the following contents of this complaint form as subscribed by me are true and correct: Applicant(s) Name:______________________ Telephone Number: _______________ Applicant(s) Address: ___________________________________________________ Town: __________________________ Province: _________ Postal Code:_________ Email: ________________________________ I have personal knowledge of the facts as set out in this Affidavit form because: (insert reasons e.g. I work for… I attended a meeting at which... etc.) ______________________________________________________________________ I have reasonable and probable grounds to believe that (please print name of Member is question) ____________________________ has contravened section(s) ___________________of the Code of Conduct of the Town of Tillsonburg. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please attach additional pages as required and mark each additional page as 2 of 2, 2 of 3, etc.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Page 235 of 453 Policy 2-003 Page 18 of 18 _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of Tillsonburg appointed Integrity Commissioner and for no other purpose. Sworn (or Affirmed) before me at the Town of Tillsonburg, in the County of Oxford, in the Province of Ontario on ________ day of ____________________, ________. ____________________________ ____________________________ A Commissioner for taking affidavits, etc. Signature of Complainant (to be witnessed by Commissioner) NOTE: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (sections 131, 132) or by summary conviction (section 134). Signing a false affidavit may expose you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation. Page 236 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT Policy Number 2-003 Approval Date December 14, 2015 Revision Date May 27, 2019 Schedules Form A – Disclosure Statement Form B – Formal Complaint Form/Affidavit Policy Statement: Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose: A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. Scope: The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include:  Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner;  Members shall be committed to performing their functions with integrity without using the influence of their office;  Members shall avoid all conflicts of interest;  Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny;  Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and,  Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. Page 237 of 453 Policy 2-003 Page 2 of 17 This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 1. Definitions In the Code of Conduct, the terms “child”, “parent” and “spouse” have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee” or “Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council’s review, including any ad hoc, subcommittee or task force. “Clerk” means the Municipal Clerk for the Corporation of the Town of Tillsonburg. “CAO” means the Chief Administrative Officer for the Corporation of the Town of Tillsonburg. "Code of Conduct" means the “Code of Conduct” for Members of Council, Local Boards and Advisory Committees”. "Complainant" means a person who has filed a complaint under the Code of Conduct. "Complaint" means an alleged contravention of the Code of Conduct submitted to an Integrity Commissioner appointed by the Council of the Town of Tillsonburg. “Council” means the Council of the Town of Tillsonburg. “Integrity Commissioner" means the officer appointed by council pursuant to Section 223.3 of the Municipal Act, 2001. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in-law, brother- in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled intention to treat as an immediate relative. "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council:  Downtown Tillsonburg Business Improvement Area (BIA) Board of Management  Property Standards Appeal Committee  Committee of Adjustment “Meeting” means any regular, special or other meetings of council, of a local board or a committee of either of them, where a quorum is present and members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the council, local board or committee. Page 238 of 453 Policy 2-003 Page 3 of 17 "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. “Town” means The Corporation of the Town of Tillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 2. Statutory Provisions Regulating Conduct This Code of Conduct is meant to supplement existing legislation governing the conduct of Members, including but not limited to:  Municipal Act  Municipal Conflict of Interest Act  Municipal Elections Act  Municipal Freedom of Information and Protection of Privacy Act  Provincial Offences Act  Human Rights Code  Criminal Code  By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 3. Application This Code of Conduct shall apply to all Members of Council, Local Boards and Advisory Committees. 4. Conduct at Meetings Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town’s Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 5. Transparency and Openness in Decision Making Members will conduct and convey Council, Committee or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 6. Improper Use of Influence No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one’s status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their Page 239 of 453 Policy 2-003 Page 4 of 17 constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member’s supposed influence within Council, Committee or the Local Board in return for present actions or inaction. For the purposes of this provision, “private advantage” does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a ‘broad class of persons’ (such as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council or of a Local Board. 7. Discreditable Conduct All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. The Ontario Human Rights Code applies, as does the Town’s Discrimination and Harassment- Free Workplace Policy which recognize the right of every employee to work in an environment that is free from discrimination and harassment, by the employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 8. Conduct Respecting Staff Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has Page 240 of 453 Policy 2-003 Page 5 of 17 been delegated. Members shall direct requests outside of Council or Local Board approved budget, process or policy, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council, Committee or the Local Board as a whole, and the combined interests of all Members as evidenced through the decisions of Council, Committee or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council, Committee or the Local Board. Accordingly, no Member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other’s time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council, Committees or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or Committee or the Local Board. 9. Communications And Media Relations Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information will be communicated only when and after determined by Council or the Local Board. 10. Conduct Regarding Current And Prospective Employment No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town or the Local Board. Page 241 of 453 Policy 2-003 Page 6 of 17 11. Confidential Information Confidential information includes information in the possession of, or received in confidence by the Town, Committee or the Local Board that the Town, Committee or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as “MFIPPA”), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor-client privilege. The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, “confidential information” also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town’s Procedural By-law, a matter that has been discussed at an in-camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential:  items under litigation, negotiation, or personnel matters;  information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence);  information deemed to be “personal information” under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessary for the performance of their duties and not prohibited otherwise. 12. Gifts and Benefits Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below. Page 242 of 453 Policy 2-003 Page 7 of 17 For these purposes, a fee, advance, gift or personal benefit provided with the Member’s knowledge to an immediate relative or business that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an official capacity; g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1) the nature of the gift or benefit; 2) its source and date of receipt; 3) the circumstances under which it was given or received; 4) its estimated value; 5) what the recipient intends to do with the gift; and 6) whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. Page 243 of 453 Policy 2-003 Page 8 of 17 Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 13. Use of Town Property, Services and Other Resources Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town’s website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 14. Implementation At the beginning of each term, Members will be expected to sign an acknowledgment form to convey to each other and all stakeholders that they have read, understand and accept the Code of Conduct. A Code of Conduct component will be included as part of the orientation workshop for all new Members. Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 15. Complaint Protocol Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file an application to the Integrity Commissioner using the Formal Complaint Form. An application may only be made within six weeks after the applicant became aware of the alleged contravention. An application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied: a) The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. Page 244 of 453 Policy 2-003 Page 9 of 17 b) The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. A complainant does not have to pursue the informal complaint process set out in Section 15.1 prior to proceeding with the formal complaint process set out in Section 15.2. 15.1 Informal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner as outlined in Section 15.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 15.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: a) all formal complaints must be made using the Complaints Form / Affidavit (see Schedule “B”) and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a), b), c) and d) of this section; f) the Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. Page 245 of 453 Policy 2-003 Page 10 of 17 15.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter – if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the appropriate police service; b) Municipal Freedom of Information and Protection of Privacy – if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must be referred to the Municipal Clerk for review under statute; and c) Discrimination or Harassment – if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. d) Other Policy Applies – if the complaint seems to fall under another policy, the complainant shall be advised to pursue the matter under such policy. e) Lack of Jurisdiction – if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner, the complainant shall be so advised and provided with any additional reasons and referrals as the Integrity Commissioner considers appropriate. f) Matters Already Pending – if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding related to a Human Rights complaint or similar process, the Integrity Commissioner may, in his/her sole discretion and in accordance with legislation, suspend any investigation pending the result of the other process. If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 15.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 15.5 Opportunity for Resolution If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. Page 246 of 453 Policy 2-003 Page 11 of 17 15.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner’s ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 15.7 Termination of inquiry when regular election begins If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. If an inquiry is terminated the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. 15.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001. Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 223.3 (1) 5 of the Municipal Act, 2001 may be released with the member’s written consent. If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 223.3 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. Page 247 of 453 Policy 2-003 Page 12 of 17 The Commissioner may disclose such information as in the Commissioner’s opinion is necessary, a) for the purposes of a public meeting under subsection 223.4.1 (8); b) in an application to a judge referred to in subsection 223.4.1 (15); or c) in the written reasons given by the Commissioner under subsection 223.4.1 (17). 2017, c. 10, Sched. 1, s. 22. Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner’s opinion is required for the purposes of the report. When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 16. Reporting and General Compliance 16.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. Page 248 of 453 Policy 2-003 Page 13 of 17 16.2 Annual Report The Integrity Commissioner’s annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 16.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 16.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 16.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 16.1 of the Code of Conduct. 16.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 16.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out therein. When a vacancy occurs, the municipality shall make arrangements for all of the responsibilities of the Integrity Commissioner to be provided by a Commissioner of another municipality. 17. Roles of Integrity Commissioner 1. The application of the code of conduct for members of council and the code of conduct for members of local boards. Page 249 of 453 Policy 2-003 Page 14 of 17 2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of council, members of local boards and the municipality about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1). It shall be noted that if the municipality has not appointed a Commissioner, the municipality shall make arrangements for all of the responsibilities set out above to be provided by a Commissioner of another municipality. 18. Statutes Regulating the Conduct Of Councillors In the case of any inconsistency between this Code of Conduct and a Federal or Provincial statute or regulation, the statute or regulation shall prevail to the extent of the inconsistency. Page 250 of 453 Policy 2-003 Page 15 of 17 Code of Conduct Form A – Disclosure Statement Section 12 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200 or if the total value of gifts and benefits received from one source in a calendar year exceeds $500. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Source of Gift or Benefit: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Circumstances under which Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______________________________________________ Intended use of the Gift or Benefit (i.e. will be donated/provided to the Town): ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Estimates Value of Gift or Benefit: $___________________________ Date Gift or Benefit was received: ____________________________ (MM/DD/YR) ______________________________ _____________________________ Signature of Member Date Page 251 of 453 Policy 2-003 Page 16 of 17 Code of Conduct Form B – Formal Complaint Form/Affidavit I, (please print name)___________________________ of the Town of Tillsonburg, in the Province of Ontario do solemnly swear (affirm and declare) that the following contents of this complaint form as subscribed by me are true and correct: Applicant(s) Name:______________________ Telephone Number: _______________ Applicant(s) Address: ___________________________________________________ Town: __________________________ Province: _________ Postal Code:_________ Email: ________________________________ I have personal knowledge of the facts as set out in this Affidavit form because: (insert reasons e.g. I work for… I attended a meeting at which... etc.) ______________________________________________________________________ I have reasonable and probable grounds to believe that (please print name of Member is question) ____________________________ has contravened section(s) ___________________of the Code of Conduct of the Town of Tillsonburg. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please attach additional pages as required and mark each additional page as 2 of 2, 2 of 3, etc.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Page 252 of 453 Policy 2-003 Page 17 of 17 _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of Tillsonburg appointed Integrity Commissioner and for no other purpose. Sworn (or Affirmed) before me at the Town of Tillsonburg, in the County of Oxford, in the Province of Ontario on ________ day of ____________________, ________. ____________________________ ____________________________ A Commissioner for taking affidavits, etc. Signature of Complainant (to be witnessed by Commissioner) NOTE: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (sections 131, 132) or by summary conviction (section 134). Signing a false affidavit may expose you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation. Page 253 of 453 Report Title Graffiti By-Law Report No. DCS 19-10 Author Dan Smukavich, By-Law Enforcement Officer Meeting Type Council Meeting Council Date May 27, 2019 Attachments Proposed Graffiti By-Law 4278 RECOMMENDATION THAT Council receives Report DCS 19-10 Graffiti By-law for information. AND THAT Graffiti By-Law 4278 to prohibit and regulate graffiti in the Town of Tillsonburg be brought forward for Council consideration. EXECUTIVE SUMMARY The Town’s Property Standards By-Law 3638 was last reviewed and adopted by Town of Tillsonburg Council in August 2012. The current Property Standards By-Law does not clearly lay out the provisions in regards to the removal of graffiti. While there are provisions that address the exterior of properties and the requirement for them to be in “good repair”, the provisions do not address graffiti directly. The proposed new by-law would deal directly with graffiti and its removal from private property. BACKGROUND The changes proposed are a result of staff documentation over the years that require additional detail for clarity and enforcement. During the by-law review process staff consulted and communicated with other municipalities of similar size as well as larger municipalities that face virtually identical issues relating to the removal of graffiti. Graffiti often invites more graffiti and more often than not, graffiti tends to be unsightly and offensive. If left unattended or unmanaged this gives the impression that nobody cares about the area which can lead to other forms of vandalism and potentially crime. ISSUES WITH CURRNT PROCESS The need for a graffiti by-law comes from the fact that when using the Property Standards By-Law to require a property owner to remove graffiti, the Ontario Building Code Act sets specific guidelines and timelines for the enforcement of Property Standards, which regulates and lengthens the process for obtaining compliance. One of the concerns raised is under the Ontario Building Code Act which is where the Property Standards By-Law obtains its authority; the Act stipulates that a minimum of fourteen days is allotted to appeal an Order to Comply. If appealed, there would be a further delay as the appellant would be entitled to a Property Standards Committee hearing. The Property Standards Committee would also then have the authority to further extend the compliance date as one of its potential options. The proposed Graffiti By-Law would be passed under the authority of the Municipal Act, 2001. Under the proposed by-law, any graffiti that is deemed to be racist, hateful or obscene would be expected to be removed within 24 hours of it being documented by staff and any other graffiti would be dealt with on Page 254 of 453 2 CAO a case by case basis so as to ensure that the graffiti is removed within a timely manner. If such a condition exists and compliance cannot be achieved by the compliance date stated in the Order to Comply, the by-law has provisions that allow the Town to undertake the work to bring the property into compliance and recover all costs through the tax roll in the same manner as municipal taxes. With this by-law in place, the Town can ensure that graffiti is removed in a timely and streamlined manner. Further, if a person is caught in the act of apply graffiti to a property; Police will have the option of laying a fine either with or instead of a criminal charge. SHORT FORM WORDING FINES Bylaw 4278: Graffiti By-Law Part I Provincial Offences Act Set fine schedule Item Short form wording Provision creating or defining offence Set fine 1 Cause, permit or place graffiti. 3.1 $250.00 2 Failure to comply with order to remove graffiti. 3.2 $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 CONSULTATIONS/COMMUNICATIONS 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 have more experience related to graffiti. Copies of the by-laws along with supporting material were made available for public consultation from April 15, 2019 to April 29, 2019. During this time, the draft by-law was posted on the Town website, and advertised in the local paper. The following inquiries 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. There has been discussion about the possibility of art being added to the side of buildings in the down town core. Do you believe it would be exempt in the current wording? Art on buildings would not be subject to this by-law as it would be considered a mural. Painted artwork on buildings (murals) was discussed extensively during the revamp of the Town Sign By-law. Both BIA and Chamber at the time commented that murals are acceptable but wanted them to be controlled in some format. Some recommendations were that specific locations and sites could be identified for murals along with pubic engagement for the type of art, etc. 2. Is there a problem that people are not cleaning graffiti off property, buildings etc.? No historical or current issues in Tillsonburg. Last year the Town had an incident and By-Law identified that if the owner was not cooperative in the clean-up there may have been some public concern related to the graffiti. Page 255 of 453 3 CAO 3. If the incidence is rare; why do we need a graffiti by-law? By-Law staff identified that the Town should be prepared rather than scrutinized for not having the proper by-laws in place particularly if a graffiti incident is deemed to be racist, hateful or obscene. FINANCIAL IMPACT/FUNDING SOURCE No foreseeable impact at this time. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Objective 1 – Excellence in Local Government Page 256 of 453 4 CAO Report Approval Details Document Title: DCS 19-10 - Graffiti By-Law.docx Attachments: - By-Law 4278 - Graffiti By-Law.docx Final Approval Date: May 13, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 13, 2019 - 12:33 PM Page 257 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4278 A BY-LAW to prohibit graffiti on private property and to require owners and occupiers of the property to remove graffiti in the Town of Tillsonburg. WHEREAS subsection 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 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction; AND WHEREAS sections 8,9 and 10 of the Municipal Act, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public and in particular paragraphs 5,6,8 and 9 of subsection 10 (2) 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 section 128 (2) of the Municipal Act, 2001 that the opinion of Council under section 128, if arrived at in good faith, is not subject to review by any court; AND WHEREAS the Council for the Town of Tillsonburg desires to prohibit or regulate graffiti within the Town of Tillsonburg. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. 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 “Graffiti By-Law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to prohibit and regulate graffiti 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: “COUNCIL” means the Municipal Council of the Corporation of the Town of Tillsonburg. “GRAFFITI” means one or more letters, symbols, depictions, marks, etchings, pictorial representations, messages or slogans, howsoever made, that disfigures or defaces a property, but does not include signs as regulated by the Town’s Sign By-Law, a public notice, or traffic control mark authorized by the Town or County. Page 258 of 453 “LAW ENFORCEMENT OFFICER” means a Police Officer, a Provincial Offences Officer and Municipal Law Enforcement Officer. “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. “PROPERTY” shall mean a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property, real property and personal property. “SIGN BY-LAW” shall mean the Town Sign By-Law regulating authorized signs within the Town, as amended. “TOWN” means the Corporation of the Town of Tillsonburg. SECTION 3 GENERAL PROHIBITONS 3.1 No person shall place or cause or permit graffiti to be placed on any property within the Town of Tillsonburg. 3.2 The owner of any property in the Town of Tillsonburg shall keep their property free of graffiti at all times. SECTION 4 INTERIOR SPACES 4.1 Section 3 does not apply to the interior of any walls of any building that are not visible from a roadway. SECTION 5 ADMINISTRATION 5.1 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 5.2 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. Page 259 of 453 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. 5.3 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 the 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, and/or c) If there are reasonable grounds to believe that the graffiti may incite hatred or violence against any person or identifiable group or contain profane, vulgar or offensive language, an Order may be issued requiring the graffiti to be removed immediately. 5.4 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 5.5 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 6 PENALTIES 6.1 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; Page 260 of 453 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 7 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 8 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 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019 ______________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 261 of 453 Report Title 2019 BUDGETARY ESTIMATES AND TAX RATES Report No. FIN 19-09 Author DENIS DUGUAY Meeting Type Council Meeting Council Date May 27, 2019 Attachments 2019 FINAL LEVY BY-LAW 4299 Page 1 / 3 2019 BUDGETARY ESTIMATES AND TAX RATES RECOMMENDATION THAT Council receives report FIN19-09 2019 Budgetary Estimates and Tax Rates. AND THAT By-Law 4299 to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2019 be brought forward for Council consideration. EXECUTIVE SUMMARY To present the By-Law adopting the 2019 budgetary estimates and tax rates to Council for consideration. FINANCIAL IMPACT/FUNDING SOURCE At the Council meeting held on February 28, 2019, Council adopted the 2019 budget and business plans establishing a requirement from taxation for general purposes of $15,718,000. To meet this levy requirement, tax rates founded on the 2016 current value phase-in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. Attached is By-Law No.4299 specifying the approved levy amount along with Schedule “A” that provides for the applicable calculated 2019 tax rates to generate the levy amounts for each requisitioning body. The By-law will be brought forward later in this meeting for three readings. 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 262 of 453 Page 2 / 3 CAO 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 263 of 453 Page 3 / 3 CAO Report Approval Details Document Title: 2019 BUDGETARY ESTIMATES AND TAX RATES.docx Attachments: - 2019 Final Levy Bylaw.doc Final Approval Date: May 21, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 21, 2019 - 1:36 PM Page 264 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4299 A BY-LAW to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2019. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2019, and endorsed by resolution, February 28th, 2019, raising the following amounts from realty taxation be adopted: a) A general municipal levy of $15,718,000 b) A special levy for core area parking of $141,500 c) A special levy for the Business Improvement Area of $136,621 2. That the tax rates hereby adopted for each class for the year 2019, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 22, 2019 SECOND INSTALMENT Thursday, October 24, 2019 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2019 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2019, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Page 265 of 453 Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2019 shall be charged on the first day of each calendar month thereafter in which default continues. 6. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019. _________________________ MAYOR – Stephen Molnar _________________________ TOWN CLERK – Donna Wilson Page 266 of 453 Schedule "A " to By-Law 4299 2019 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00785272 0.00022132 0.00365905 0.00161000 0.01373145 0.00105395 0.01478540 MT MULTI-RESIDENTIAL 0.01644604 0.00046352 0.00771336 0.00161000 0.02708149 0.00230287 0.02938436 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 CT COMMERCIAL 0.01493430 0.00042091 0.00695878 0.01290000 0.03595258 0.00200440 0.00197024 0.03992722 XT COMMERCIAL NEW CONSTRUCTION 0.01493430 0.00042091 0.00695878 0.01030000 0.03335258 0.00200440 0.00197024 0.03732722 CU EXCESS LAND 0.01045401 0.00029464 0.00487114 0.01096500 0.02710180 0.00140308 0.00137916 0.02988404 CX VACANT LAND 0.01045401 0.00029464 0.00487114 0.01096500 0.02710180 0.00140308 0.00137916 0.02988404 XU COM'L NEW CONST. - EXCESS LAND 0.01045401 0.00029464 0.00487114 0.00875500 0.02489180 0.02489180 IT INDUSTRIAL 0.02065265 0.00058208 0.00962330 0.01290000 0.04477942 0.04477942 JT INDUSTRIAL NEW CONSTRUCTION 0.02065265 0.00058208 0.00962330 0.01030000 0.04217942 0.04217942 IU EXCESS LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 IX VACANT LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 LT LARGE INDUSTRIAL 0.02065265 0.00058208 0.00962330 0.01290000 0.04477942 0.04477942 LU EXCESS LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 PT PIPELINES 0.00988892 0.00027871 0.00460785 0.01012345 0.02538799 0.02538799 FT FARMLAND 0.00184539 0.00005201 0.00085987 0.00040250 0.00325103 0.00325103 R1 FARMLAND DEV PH 1 0.00353372 0.00009960 0.00164657 0.00072450 0.00617915 0.00617915 GT PARKING LOT 0.01493430 0.00042091 0.00695878 0.01290000 0.03595258 0.03595258 Page 267 of 453 Report Title 2019 Audit RFP Results Report No. Fin 19 - 10 Author Dave Rushton, Director of Finance Meeting Type Council Meeting Council Date May 27, 2019 Attachments Page 1 / 3 2019 Audit RFP Results RECOMMENDATION THAT Council receive Report FIN 19-10 2019 Audit RFP Results, as information; AND THAT Council approves Millard, Rouse & Rosebrugh LLP (Millards) as the Town’s Auditor for the years ending December 31, 2019 through to December 31, 2023. EXECUTIVE SUMMARY On April 29, 2019 a Request For Proposal (RFP) # 2019-04 was issued. Bid submissions for this request had a closing date of Thursday, May 16, 2019 at 2 p.m. EST. Bid submissions were reviewed by staff representing Finance and Hydro Operations on May 17, 2019 and the successful bidders were interviewed on May 22, 2019. Millards Chartered Professional Accountants were chosen as the recommendation for Auditors for the fiscal years 2019 to 2023. Audit fees for the Town will start at $26,800 in 2019 growing to $30,200 by 2023, plus HST. The Audit Fees for Tillsonburg Hydro will start at $18,250 in 2019 and increase to 20,500 by 2023. BACKGROUND There were 6 plan takers and 3 submissions were received by the closing date. The RFP was advertised in Tillsonburg News, Town Website, THI website, Biddingo and Esolutions site. In addition there was a list of vendors in Tillsonburg and area that were emailed a notification. The responses were reviewed under 5 categories: Municipal audit experience & references, audit team resources, audit approach & proposed work plan, added value, and fee schedule. Page 268 of 453 Page 2 / 3 CAO The results of the review were: Auditor 2019 Town Audit Fee Points (out of 100) Millard, Rouse & Rosebrugh LLP $26,800 79 KPMG $28,800 73 MNP $27,000 71 FINANCIAL IMPACT/FUNDING SOURCE The Proposed fees fall within the 2019 budget of $33,000. 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 269 of 453 Page 3 / 3 CAO Report Approval Details Document Title: 2019 Audit RFP results.docx Attachments: Final Approval Date: May 22, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - May 22, 2019 - 5:27 PM Page 270 of 453 Report Title Strategic Asset Management Policy Report No. OPS 19-19 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Strategic Asset Management Policy Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-19 Strategic Asset Management Policy; AND THAT Council adopt the Strategic Asset Management Policy and that a By-Law be brought forward for Council consideration. BACKGROUND The Infrastructure for Jobs and Prosperity Act, 2015, was proclaimed on May 1, 2016 and includes an authority for the province to regulate municipal asset management planning. Ontario Regulation 588/17 was filed on December 27, 2017. The regulation builds upon the Municipal Infrastructure Strategy and “Building Together” Guide for Municipal Asset Management Plans launched in 2012 and the Infrastructure for Jobs and Prosperity Act of 2015, to strengthen the role of municipal asset management within municipal planning and budgeting. The purpose of the Regulation is to establish mechanisms to encourage principled, evidence- based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment, and incorporate design excellence into infrastructure planning. The Regulation provides four phases for asset management implementation as follow: Phase 1: Finalize the strategic asset management policy to outline commitments to best practices and continuous improvement. Deadline for adoption of the Policy and posting on the Town of Tillsonburg website is July 1, 2019. There is a series of 12 requirements the Province has established for the strategic asset management policies, as outlined below. 1. Municipal goals, policies and plans supported 2. Governance structure 3. Approach to continuous improvement 4. Guiding Principles for asset management. 5. Climate change 6. Alignment with municipal budget and long-term financial plans Page 271 of 453 Page 2 / 3 7. Land-use planning framework 8. Capitalization thresholds for assets to be included AM 9. Commitment to coordinated planning 10. Identification of responsibilities 11. Explanation of Council’s involvement 12. Commitment to engagement Phase 2: Have an asset management plan for core assets that discusses current levels of service and the cost of maintaining those services. Deadline is July 1, 2021 Phase 3: Have an asset management plan for ALL municipal infrastructure assets that discusses current levels of service and the cost of maintaining those services. Deadline is July 1, 2023 Phase 4: Build on Phase 1 and 2 by adding proposed levels of service, and lifecycle management and financial strategy. Deadline is July 1, 2024. SUMMARY The attached Strategic Asset Management Policy forms a key role within the asset management system ensuring a clear ‘line-of-sight’ between the day to day maintenance and construction activities, including asset interventions and the Community Strategic Plan for the Town of Tillsonburg. CONSULTATION/COMMUNICATION Town staff have attended training, conferences, webinars, and consulted the following documents: 1. Municipal Infrastructure Strategy and “Building Together” Guide for Municipal Asset Management Plans. 2. Infrastructure for Jobs and Prosperity Act. 3. Ontario Regulation 588/17. 4. Strategic Asset Management Policy Toolkit by the Municipal Finance Officers Association. FINANCIAL IMPACT/FUNDING SOURCE The Policy provides a strategic framework for asset management planning that will inform annual budgets, business plans and the decision making process. COMMUNITY STRATEGIC PLAN (CSP) The development and implementation of an Asset Management Policy supports Objective 1 – Excellence in Local Government of the Community Strategic Plan by demonstrating strong leadership and accountability. Page 272 of 453 Page 3 / 3 Report Approval Details Document Title: OPS 19-19 Strategic Asset Management Policy.docx Attachments: - OPS 19-19 Attachment 1 - Strategic Asset Management Policy.pdf Final Approval Date: May 21, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 17, 2019 - 1:21 PM David Calder - May 20, 2019 - 9:37 AM Donna Wilson - May 21, 2019 - 8:30 AM Page 273 of 453 STRATEGIC ASSET MANAGEMENT POLICY Policy Number 11-004 Approval Date May 27, 2019 Revision Date Schedules Page 1 / 9 Asset Management Policy A. POLICY STATEMENT The Town of Tillsonburg is committed to providing services to residents in a fiscally responsible manner that supports a community that is Connected, Enriched, and Inspired. With this commitment in mind, assets must be managed in a way that allows the Town to achieve its goals, plans and policies. This policy details the principles and general framework for a systematic and coordinated approach to asset management in order to achieve the municipality’s asset management objectives. This policy is intended to establish consistent standards and guidelines for the management of Town assets, applying sound technical, social and economic principles that consider present and future needs of users, and the service levels expected from those assets. This policy also ensures that legislative and regulatory requirements are met. The Town will adopt the ISO 55000 series of standards, and its amendments, as the guiding standards for Asset Management. The Town's Asset Management workflows will comply with all applicable laws and regulations, as well as account for provincial mandates such as Infrastructure for Jobs and Prosperity Act and Climate Change Action Plans. This policy demonstrates an organization-wide commitment to the good stewardship of municipal infrastructure assets, and to improved accountability and transparency to the community through the adoption of best practices regarding asset management planning. B. PURPOSE The purpose of this policy is to govern the practice of asset management within The Town of Tillsonburg. Effective control and governance of assets is essential to realize value through managing risk and opportunity, in order to achieve the desired balance of cost, risk and performance.1 This asset management policy expresses the commitment and intentions of the Town of Tillsonburg to plan, design, construct, acquire, operate, maintain, renew, replace and dispose of corporately owned assets in a way that ensures sound stewardship of public resources while delivering valued customer services. It provides program principles and a framework for asset management practices that enables a coordinated, cost effective and organizationally sustainable approach for the Town of Tillsonburg. As outlined in the IAM’s Asset Management – An Anatomy of an Asset Management System requires many components working cohesively together, as illustrated below. 1 ISO/IEC. (2014). ISO International Standard ISO/IEC 55000:2014(E) – Asset management – Overview, principles and terminology. Geneva, Switzerland: International Organization for Standardization (ISO). Page 274 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 2 / 9 Strategic Asset Management Policy C. SCOPE This policy applies to all municipally owned physical assets. The Town is committed to maintaining and managing assets at defined levels of service to ensure that they meet customer expectations, compliance and legislative requirements by; • Establishing asset management strategies through full lifecycle costing principles • Adopting risk-based decision making processes to minimize the Town’s risk exposure • Developing and enhancing asset management knowledge and competencies to ensure the availability of skill sets required for implementation of asset management programs • Planning for and resourcing the optimum level of maintenance to ensure asset reliability while maximizing asset lifecycle • Financial planning for sustainable long term funding to rehabilitate, replace or dispose of infrastructure assets • Monitoring and evaluating performance of assets and associated programs to track effectiveness Page 275 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 3 / 9 Strategic Asset Management Policy D. BACKGROUND Physical assets in the Town of Tillsonburg are essential to the core services provided and contribute to the quality of life enjoyed by residents of the Town. Assets are critical to ensuring that services are delivered to residents in a safe, reliable and efficient manner, while sustaining a growing community. The Town of Tillsonburg is responsible for a variety of capital assets including: • Linear infrastructure such as roads, bridges, culverts, retaining walls, sidewalks, streetlights, signalized intersections, storm water sewers and storm water management ponds. • Buildings including the community center, fire hall, operations and customer service center, museum and administrative offices. • Land improvements such as sports fields, cemeteries, parking lots, parks and playgrounds. • Vehicles and equipment including fire trucks, snow plow trucks and other specialized equipment. • Natural assets including the urban forest, open spaces and watercourses. E. DEFINITIONS Asset – Anything tangible or intangible that can be owned or controlled to produce value and that is held by the Corporation to produce positive economic value Asset Management (AM) – A systematic process of developing, operating, maintaining, upgrading, and disposing of assets in a cost effective manner Asset Management System – The people, processes, tools and other resources involved in the delivery of asset management Asset Management Plan (AMP) – A tactical plan for managing an individual or groups of assets over their lifecycle, to deliver a desired level of service. It specifies the activities, resources and timescales required to achieve the organization's asset management objectives Corporate Asset Management – The application of asset management principles at a corporate level to ensure consistency among diverse asset groups. It is a coordinated, cost effective and organizationally sustainable approach to maximizing asset service delivery potential, managing related risks and minimizing cost of ownership, while delivering the acceptable levels of service to the public in a sustainable manner and in accordance with regulatory requirements Lifecycle – Stages involved in the life of an asset, from acquisition to disposal Level of Service (LOS) – A commitment to carry out a given action or actions within a specified time frame in response to an event or asset condition. LOS reflects social, political, environmental and economic outcomes that the organization delivers Tangible Capital Asset – Non-financial assets having physical substance that have useful economic lives extending beyond an accounting period, are to be used on a continuing basis, and are not for sale in the ordinary course of operations. Page 276 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 4 / 9 Strategic Asset Management Policy F. POLICY PLANS AND POLICIES SUPPORTED Oxford County Official Plan The Oxford County Official Plan provides the long term guide for growth and development for the entire County and is used to assess the appropriateness of various planning applications. It provides a land use strategy which balances growth and development in residential, industrial and commercial areas with the protection of natural and environmental resources. The land use policies of Official Plan pertaining to the Town of Tillsonburg (Section 8) provide general policy direction and a long-range planning framework for development in the Town of Tillsonburg. The objectives and policies together with the land use designations are intended to define not only the physical development of the Town but also to enhance the social, economic and environmental well-being of the municipality and its residents. Future Oxford Community Sustainability Plan The Future Oxford Community Sustainability Plan (CSP) creates a vision of a sustainable community that balances community, environmental and economic interests. Tillsonburg adopted the CSP in 2016. Tillsonburg’s asset management planning will be informed by the Goals of the CSP Community Strategic Plan The Community Strategic Plan establishes a vision for the future that reflects community ideas and aspirations. The Community Strategic Plan guides priority setting, ensuring that programs and services address the changing needs of the community. The Tillsonburg Community Strategic Plan’s goals and action items are organized according to four Strategic Objectives: Excellence in Local Government • Demonstrate strong leadership in Town initiatives • Streamline communication and effectively collaborate within local government. • Demonstrate accountability 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. 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 277 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 5 / 9 Strategic Asset Management Policy 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 Community Parks, Recreation & Cultural Strategic Master Plan The Community Parks, Recreation & Cultural Strategic Master Plan provides a comprehensive framework articulating the needs and priorities for recreation programs, facilities, culture, parks, sports fields, trails and open space. The recommendations contained within the Master Plan serve as a guide for stakeholders of the parks, recreation and culture system to consider as Tillsonburg grows and evolves over time. Energy Conservation and Demand Management Plan In alignment with the vision and principles of the ECDMP, asset management decisions will be made with the intent to achieve energy conservation through use of technology, construction methods, and intentional operating protocols. Departmental Business Plans The service level and budget set out in the asset management plan are incorporated into department business plans and budgets, goals and performance measures. INFRASTRUCTURE PLANNING PRINCIPLES The key principles outlined in section 3 of the Infrastructure for Jobs and Prosperity Act, 2015 have been summarized into the following four themes that the Town of Tillsonburg will consider when making decisions regarding asset management. Forward Thinking: The Town will take a comprehensive approach to investment planning and decision making that looks at the long-term “big picture” and considers the combined impact of the entire asset lifecycle, while taking into account the needs of its customers, as well as local demographic and economic trends. It will also foster innovation by creating opportunities to make use of innovative technologies, services and practices, particularly where doing so would utilize technology, techniques and practices developed in Ontario. Planning Investment in Infrastructure: The Town is committed to informed infrastructure planning and investment with clearly identified priorities that will ensure the continued provision of core public services while promoting social and economic benefits arising from infrastructure projects that are intended to improve the well-being of the community, such as increasing accessibility for persons with disabilities, improvement of public spaces, economic competitiveness, productivity, local job creation and training opportunities. It will also ensure that Page 278 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 6 / 9 Strategic Asset Management Policy the health and safety of workers involved in the construction and maintenance of infrastructure assets are protected. Transparency: Subject to any restrictions or prohibitions under an Act or other-wise by law on the collection, use or disclosure of information the Town shall make evidence based and transparent infrastructure planning and investment decisions based on information that is either publicly available or is made available to the public. The Town will share information with implications for infrastructure planning with the Government and other broader public sector entities. Environmentally Conscious: The Town recognizes the impact infrastructure may have on the environment and will endeavor to minimize these impacts to help maintain ecological and biological diversity. Infrastructure will be designed to be resilient to the effects of climate change and incorporate the use of acceptable recycled aggregates and LID techniques when appropriate. LAND USE PLANNING FRAMEWORK The Town will align asset management planning with the Province of Ontario’s land-use planning framework, including any relevant policy statements issued under section 3(1) of the Planning Act. Asset management planning will conform with Provincial Plans that are in effect as well as the Oxford County Official Plan as it relates to Tillsonburg. The objective will be to ensure that infrastructure and public service facilities are provide in a coordinated, efficient and cost-effective manner and that planning for infrastructure is integrated with land use planning so that they are financially viable over their lifecycle and available to meet current and projected needs. To accomplish this objective the Town will consult with Oxford County when the Official Plan is being prepared and/or reviewed and the direction established through the Official Plan and any supporting studies, assumptions and data will be referenced in the development of the asset management plan. CLIMATE CHANGE The Town will consider the risks and vulnerabilities of municipal infrastructure assets to climate change and the actions that may be required as part of the risk management approach within asset management planning methods. This approach will balance the potential cost of vulnerabilities to climate change impact and other risks with the cost of reducing these vulnerabilities. A balance will be struck between the levels of service delivered through operations, lifecycle management, maintenance schedules, disaster response plans, contingency funding and capital investments. Asset management planning will encompass a sustainable approach to climate change mitigation strategies and adaptation opportunities. BUDGET PLANNING The Town is committed to the information sharing, planning and budget coordination of connected or interrelated municipal infrastructure assets of joint or separate ownership by pursuing collaborative opportunities with Oxford County and neighbouring municipalities whenever possible and including such opportunities within the Town’s asset management plan and budgeting process. The Town will consult with Oxford County during the preparation of water and wastewater financial plan updates for Tillsonburg by providing up-to-date asset information to help ensure the long-term financial sustainability of these systems. Page 279 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 7 / 9 Strategic Asset Management Policy The Town’s asset management plan will be considered annually during the development of the municipality’s operating and capital budgets through the integration of asset management planning and practices with the municipality’s long-term financial planning and budgeting strategies. This integration will allow each department and service area to generate short-term operating and maintenance needs as well as long-term capital needs to replace and/or renew municipal infrastructure assets based on full lifecycle costing to achieve desired levels of service. To make full use of all available infrastructure financing tools, the Town will incrementally increase the annual contribution from taxation towards asset management by an amount equal to the additional tax revenue received each year through the phased in adjustments to the assessment base as determined by MPAC. This financing strategy will assist in achieving the guidelines set out in the Town’s Reserve Policy and will continue until the level of funding from taxation has reached the strategic threshold determined through asset management planning. CAPITALIZATION THRESHOLDS The policy applies to all assets whose role in service delivery requires deliberate management by the Town. The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purposes of financial reporting. For this reason, assets in the asset management plan are not to be subject to a capitalization threshold, and are to be included based on judgement of whether the asset has value to the overall asset class. The capitalization threshold applied by asset class will be defined in the Tangible Capital Asset Policy. GOVERNANCE STRUCTURE A Corporate Governance Strategy defines asset management roles and responsibilities and enables participants to manage assets in an informed manner using reliable and consistent practices. The figure below illustrates the Asset Management Governance Structure for the Town of Tillsonburg. Asset Management Governance Structure Page 280 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 8 / 9 Strategic Asset Management Policy The development and continuous support of the Town’s asset management program requires organization-wide participation and collaboration from Council and staff over a wide range of duties and responsibilities. Council • Provide input into policy development and policy updates • Approve AM policy and direction of the AM Program • Maintain adequate organizational capacity to support the core practices of the AM program • Prioritize effective stewardship of assets through adoption of ongoing policy review and budgets • Provide input and establish appropriate levels of service and acceptable risk Senior Leadership Team • Review policy and policy updates • Provide Corporate oversight to goals and directions and ensure the AM program aligns with the Municipality’s strategic plan • Ensure that adequate resources are available to implement and maintain core AM practices • Develop and monitor levels of service • Provide departmental staff coordination Asset Management Working Group • Develop policy and policy updates • Provide input into establishing levels of service and monitor key performance indicators for reporting to Senior Leadership Team • Provide support and direction for Corporate AM practices • Track, analyze and report on AM program progress and results to Senior Leadership Team Department Staff • Use the business processes and technology tools developed as part of the AM program • Participate in the implementation of team tasks to carry out AM activities • Provide input into establishing levels of service and monitor key performance indicators • Provide support and direction for AM practices within their department COMMUNITY FOCUS AND ENGAGEMENT Public engagement is a critical component of a strong and healthy municipal government. The Town of Tillsonburg is committed to informing and engaging its citizens through the use of the Town’s Public Engagement Policy. As a Town that is “connected, enriched, and inspired” this policy ensures that citizens and stakeholders have the opportunity to become engaged with the municipal decision- making process through an inclusive, collaborative, mutually meaningful and co-operative relationship. Page 281 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 9 / 9 Strategic Asset Management Policy CONTINUOUS IMPROVEMENT The Town will annually review and update, as required, its Strategic Asset Management Policy, and any related policies or strategies, and following any changes in regulatory requirements, or updates to the Strategic Plan. Staff will report to Council on asset management progress on or before July 1 in each year. The annual review must address: • The Town’s progress in implementing its asset management plan; • Any factors impeding the Town’s ability to implement its asset management plan; and • A strategy to address the identified factors. The AMP is a living document. The Town is committed to monitoring the industry and implementing best practices as they evolve. An updated AMP is required at minimum every five years under Ontario Regulation 588/17. The Town intends to update its AMP every four years during the second year of every new term of Council. The Town is committed to updating its asset management data on a continuous basis as new information is received. (i.e. Bridge Needs Study completed every 2 years providing updated conditions). This continuous improvement to data helps ensure that the right capital projects are targeted within each budget cycle. Page 282 of 453 Report Title Airport Hanger Land Lease Taxiway G1 Lot 1 Report No. OPS 19-20 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Taxiway G1 Development Plan Layout  Taxiway G1 Lot 1 Land Lease Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-20 Airport Hanger Land Lease Agreement Taxiway G1 Lot 1; AND THAT By-Law 4309 to authorize the Airport Hanger Land Lease Agreement with Karl Szordykowski of Lime Tree Assembly Inc., be brought forward for council consideration. SUMMARY On March 25th 2019, Mr. Szordykowski of Lime Tree Assembly Inc. applied to construct a new 60ft x 60ft hangar (3.600 sq. ft.) at the Tillsonburg Regional Airport along existing Taxiway G1. Staff have reviewed and worked with the applicant to ensure the proposed hangar does not negatively impact future development plans and recommend that Council enter into the attached Airport Hanger Land Lease Agreement for Taxiway G1 Lot 1 with Karl Szordykowski to permit the construction of a 3,600 sq. ft. hangar for a twenty (20) year and seven month term, expiring on January 1, 2040. The construction of new hangars increases Airport revenue through both the land lease rental fee and the potential for additional fuel sales, supporting the Corporations goal of decreasing the net levy requirement to support Airport operations. CONSULTATION/COMMUNICATION The Tillsonburg Airport Advisory Committee indicated at their February 21st 2019 meeting that the priority was to do all that is necessary to build hangars this year. The Committee has reviewed several options and conceptual plans and accepted the attached conceptual plan for additional non-hydro serviced development along the east side of existing Taxiway G1 at their March 21st 2019 meeting. Engineering Services has generated a Lot Grading & Site Servicing Plan for Taxiway G1 Lot 1. The Airport Hangar Land Lease Agreement has recently been revised by staff and the Town’s Solicitor to reflect the recommendations contained within Report OPS 19-01 Airport Building Permits. Page 283 of 453 Page 2 / 3 FUNDING IMPACT/ FUNDING SOURCE In accordance with the 2019 Rates & Fees By-law the annual land lease revenue is calculated at a rate of $0.29 per sq. ft. Based on a 3,600 sq. ft. hangar the additional annual operating revenue is $1,044 plus HST. In addition to all construction and final site grading costs, the Tenant is also responsible for all other site servicing costs (i.e. telecommunications, etc.) as well as the associated Property Taxes and a one-time Airport Infrastructure Fee of $525 as per the 2019 Rates & Fees By-law. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development and construction of new hangars at the Airport supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing additional revenue and the opportunity to support local businesses. Page 284 of 453 Page 3 / 3 Report Approval Details Document Title: OPS 19-20 Airport Hanger Land Lease Taxiway G1 Lot 1.docx Attachments: Final Approval Date: May 21, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 17, 2019 - 1:32 PM David Calder - May 20, 2019 - 9:22 AM Donna Wilson - May 21, 2019 - 8:30 AM Page 285 of 453 EX. U/G SECONDARY HYDROEX. U/G PRIMARY HYDROEX. U/G HYDROEX. U/G HYDRO EX. U/G HYDROEX. U/G HYDROEX. U/G HYDRO2 7 1 . 0 0 271.00271.25271.25271.25 271.50 271.25271.50271.75EX. HANGAREX. FFE=271.35EX. GRAVELEX. TAXIWAY EX. U/G FUELTANK AREAEX. TAXIWAY G1ASPHALTEX. GRAVELEX. GRAVELEX. GRAVELEX. ASPHALTEX. ASPHALTEX.CONC.EX. CONC.EX. CONC.EX. TAXIWAY G2ASPHALTEX 150mm S T M @ 0 . 6 % EX 150mm STM @ 0 . 5 % EX 150mm STM @ 0.6%EX 150mm STM @ 0.6%EX 150mm STM @ 0.9%OPERATIONS SERVICESENGINEERING DEPARTMENTTOWN OF TILLSONBURG04101:30052(m)15N CONSTRUCTION NORTHPage 286 of 453 Page 287 of 453 Page 288 of 453 Page 289 of 453 Page 290 of 453 Page 291 of 453 Page 292 of 453 Page 293 of 453 Page 294 of 453 Page 295 of 453 Page 296 of 453 Page 297 of 453 Page 298 of 453 Page 299 of 453 Page 300 of 453 Page 301 of 453 Page 302 of 453 Report Title Airport Hanger Land Lease Taxiway G3 Lot 3 Report No. OPS 19-21 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Taxiway G3 Development Plan Layout  Taxiway G3 Lot 3 Land Lease Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-21 Airport Hanger Land Lease Agreement Taxiway G3 Lot 3; AND THAT By-Law 4310 to authorize the Airport Hanger Land Lease Agreement with #1474528 Ontario Inc. / Dave Hewitt, be brought forward for Council consideration. SUMMARY On April 18th 2019 Mr. Hewitt of #1474528 Ontario Inc. applied to construct a new 60ft x 60ft hangar (3,600 sq. ft.) at the Tillsonburg Regional Airport along the recently approved, yet to be constructed, northerly extension of Taxiway G3. Staff have reviewed and worked with the applicant to ensure the proposed hangar does not negatively impact future development plans and recommend that Council enter into the attached Airport Hanger Land Lease Agreement for Taxiway G3 Lot 3 with Dave Hewitt to permit the construction of a 3,600 sq. ft. hangar for a twenty (20) year and seven month term, expiring on January 1, 2040. The construction of new hangars increases Airport revenue through both the land lease rental fee and the potential for additional fuel sales, supporting the Corporations goal of decreasing the net levy requirement to support Airport operations. CONSULTATION/COMMUNICATION The Tillsonburg Airport Advisory Committee indicated at their February 21st 2019 meeting that the priority was to do all that is necessary to build hangars this year. The Committee has reviewed several options and conceptual plans and accepted the attached conceptual plan for development along the northerly extension of Taxiway G3 at their April 18th 2019 meeting. Engineering Services has generated a Lot Grading & Site Servicing Plan for Taxiway G3 Lot 3. The Airport Hangar Land Lease Agreement has recently been revised by staff and the Town’s Solicitor to reflect the recommendations contained within Report OPS 19-01 Airport Building Permits. Page 303 of 453 Page 2 / 3 FUNDING IMPACT/ FUNDING SOURCE In accordance with the 2019 Rates & Fees By-law the annual land lease revenue is calculated at a rate of $0.29 per sq. ft. Based on a 3,600 sq. ft. hangar the additional annual operating revenue is $1,044 plus HST. In addition to all construction and final site grading costs, the Tenant is also responsible for all other site servicing costs (i.e. electrical servicing, telecommunications, etc.) as well as the associated Property Taxes and a one-time Airport Infrastructure Fee of $525 as per the 2019 Rates & Fees By-law. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development and construction of new hangars at the Airport supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing additional revenue and the opportunity to support local businesses. Page 304 of 453 Page 3 / 3 Report Approval Details Document Title: OPS 19-21 Airport Hanger Land Lease Taxiway G3 Lot 3.docx Attachments: - OPS 19-21 Attachment 1 - Taxiway G3 Development Plan Layout.pdf - OPS 19-21 Attachment 2 - Taxiway G3 Lot 3 Land Lease Agreement.pdf Final Approval Date: May 21, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 17, 2019 - 1:35 PM David Calder - May 21, 2019 - 1:43 PM Donna Wilson - May 21, 2019 - 2:09 PM Page 305 of 453 OPERATIONS SERVICES ENGINEERING DEPARTMENT TOWN OF TILLSONBURG OPERATIONS SERVICES ENGINEERING DEPARTMENT TOWN OF TILLSONBURG EX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.5%EX CB E X 2 0 0mm S T M @ 0 . 5 % EX CB EX 200mm STM @ 0.2%EX 150mm STM @ 0.6%EX 150mm STM @ 0.9%²)²) ²) ²) EX CB EX CBEX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.9%EX CB EX CB EX CB EX CB EX CB EX CB EX CB EX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.9%E X 1 5 0mm S TM @ 0 . 6 % Page 306 of 453 Page 307 of 453 Page 308 of 453 Page 309 of 453 Page 310 of 453 Page 311 of 453 Page 312 of 453 Page 313 of 453 Page 314 of 453 Page 315 of 453 Page 316 of 453 Page 317 of 453 Page 318 of 453 Page 319 of 453 Page 320 of 453 Page 321 of 453 Page 322 of 453 Report Title Results for Tender RFT 2019-010 Hydro Utility Truck Report No. OPS 19-22 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date May 27, 2019 Attachments Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-22 Results for Tender RFT 2019-010 Hydro Utility Truck; AND THAT Council award Tender RFT 2019-010 to Posi-Plus Technologies Inc. of Victoriaville, Quebec at a cost of $347, 896.07 (net HST included), the only bid received; AND FURTHER THAT Council authorize a $47,896.07 increase in utility funded debt proceeds to fund the remaining project cost. SUMMARY Unfortunately due to staff vacancies within Fleet and the restructuring within Hydro Operations over the course of 2017 and for most of 2018 the replacement of Hydro Unit #74 was delayed until recently. Fleet and Hydro Operations staff have since now developed a tender specification to ensure the appropriate equipment is acquired that will support Hydro Operations activities now and in the future. As such and in accordance with the 2017 Operations Business Plan and Purchasing Policy the tender was issued for the supply and delivery of a new Hydro Utility Bucket Truck to replace Unit #74. The tender was released on April 17th 2019 and closed on May 8th 2019 with a total of four (4) plan takers and one (1) bid received. The tender was advertised on the Esolutions, Biddingo, Town of Tillsonburg website, THI website and Tillsonburg News. During the tendering period vendors were provided an opportunity to submit questions to which addendums could have been issued. No vendor contacted Town staff. In addition vendors were also provided an opportunity as part of the bid submission to acknowledge if a specification could not be met and to specify an alternative for consideration. The only bid received of $347,896.07 (net HST included) is from Posi-Plus Technologies Inc. of Victoriaville, Quebec that satisfied the tender specifications. Page 323 of 453 Page 2 / 3 FINANCIAL IMPACT/FUNDING SOURCE The 2017 approved budget to replace Hydro Unit #74 was $300,000 from utility funded debt proceeds. Considering inflation over the past two years and the recent increased tariffs on materials the bid price of $347,896.07 (net HST included) is consistent with the original 2017 project budget. Therefore staff are requesting that the utility funded debt proceeds be increased by $47,896.07 to fund the remaining project cost. COMMUNITY STRATEGIC PLAN This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing the necessary equipment for Tillsonburg Hydro Inc. to maintain the Towns electrical distribution network. Page 324 of 453 Page 3 / 3 Report Approval Details Document Title: OPS 19-22 Results for Tender RFT 2019-010 Hydro Utility Truck.docx Attachments: Final Approval Date: May 21, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 17, 2019 - 1:38 PM David Calder - May 21, 2019 - 9:54 AM Donna Wilson - May 21, 2019 - 10:45 AM Page 325 of 453 Report Title Connecting Link Funding Program Designated Project Report No. OPS 19-23 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Connecting Link Funding Application Page 1 / 4 RECOMMENDATION THAT Council receive Report OPS 19-23 Connecting Link Funding Program Designated Project; AND THAT Oxford/Simcoe Street Rehabilitation from Broadway to Vienna Road be endorsed as the Town’s project for the Connecting Link funding application; AND THAT the submitted Application meets the requirements of MTO’s Connecting Links Program as described in the Program Guide; AND THAT a comprehensive asset management plan including connecting links has been completed and publically posted; AND THAT the municipality will comply with the conditions that apply to designated connecting links under the Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; AND THAT the project will be completed within the milestones stated in the Application; AND THAT the Application is complete and factually accurate; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. BACKGROUND In mid-April 2019, the Provincial government re-opened applications to the Connecting Link Funding Program administered through the Ministry of Transportation to help financially support repairs and reconstructions of Connecting Link designated infrastructure in some of the applicable 77 municipalities across Ontario. The program has recently been re-designed to provide a sound basis to make funding decisions that ensures financial accountability and that asset management requirements are met through an application-based process. Page 326 of 453 Page 2 / 4 The objectives of the program are to make Connecting Link investments that:  Address critical Connecting Link improvement needs;  Extend the life of the asset;  Are cost effective and appropriate to address the Connecting Link need; and  Ensure the safe and efficient movement of provincial traffic. The program has a one-stage application process that is due on Friday, May 31st 2019. Projects will be assessed on the basis of:  Project criticality based on Connecting Link deficiencies and/or renewal needs;  Project urgency based on stated 10-year deficiencies and risk assessment;  Cost-effective and appropriate projects to address stated Connecting Link need;  Appropriate project activities and costs under the Connecting Links Program;  Supporting documentation: asset management plan, bridge inspection reports, detailed project proposal, engineering studies/plans, etc.; and,  Potential coordination with adjacent, concurrent provincial highway projects. The application requires council endorsement, in the form of a council resolution, for the project being put forward for the funding program declaring the following as part of the submission:  The selection of a designated Connecting Link Project;  The application meets the requirements for the Connecting Link Program as described in the Program Guide;  The Town of Tillsonburg has a comprehensive Asset Management publically posted on- line;  The Town of Tillsonburg complies with the conditions that apply to designated Connecting Links under the Highway Traffic Act to ensure the safe and efficient movement of provincial traffic;  The project will be completed within the timeframe identified within the Application; and  The Application is complete and factually accurate. SUMMARY The designated project for the Connecting Link application is the Oxford/Simcoe Street Rehabilitation from Broadway to Vienna Road, a distance of 705 meters of which includes a five (5) lane bridge structure as shown in Figure 1. This section of Connecting Link and associated bridge structure spanning the Big Otter Creek services local transit and over 22,400 Annual Average Daily Traffic with approximately 10% being heavy truck traffic, provides a vital link between the east and west sides of Tillsonburg and is identified as critical infrastructure within the Towns Emergency Management Risk Profile. The project construction works consists of full-depth road surface rehabilitation with spot sidewalk and curb repairs along with catch basin and manhole cover adjustments/replacement as well as bridge rehabilitation work of waterproofing the deck and replacing the wearing surface throughout, including the approaches, some localized embankment slope protection and retaining wall repairs. Page 327 of 453 Page 3 / 4 A detailed review of the municipal underground infrastructure along this section of Connecting Link revealed that sufficient service life remains for each of the municipal underground infrastructure (water, sanitary and storm) such that the full extended service life of the proposed road rehabilitation work would be realized before a fully harmonized corridor reconstruction would be required (i.e. road, water, sanitary, storm, sanitary). CONSULTATION/COMMUNICATION Staff have reviewed the program guidelines, participated in available webinars, and have been in direct contact with Ministry staff of the MTO West Region during the development of the funding application. FINANCIAL IMPACT/FUNDING SOURCE For approved applications, the Ministry will provide funding for 90% of the eligible project costs to a maximum of $3 million per project. Applicants will contribute 10% of the eligible costs and will be responsible for all ineligible project costs. The total estimated project cost for the Oxford/Simcoe St. rehabilitation is $1,753,845. Should the application be successful and receive 90% funding, the Town would need to provide 2019 funding in the amount of 10% ($6,500) for the bridge engineering design work and 10% ($168,900) in 2020 for the road and bridge rehabilitation construction works, which would be brought forward as part of the 2020 budget deliberations. COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 328 of 453 Page 4 / 4 Page 329 of 453 Page 330 of 453 Page 331 of 453 Page 332 of 453 Page 333 of 453 Page 334 of 453 Page 335 of 453 Page 336 of 453 Page 337 of 453 Page 338 of 453 Report Title Broadway and Trans Canada Trail PXO Report No. OPS 19-24 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 27, 2019 Attachments  Finalized PXO Design Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-24 Broadway and Trans Canada Trail PXO; AND THAT By-Law 4306 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg be brought forward for Council’s consideration. BACKGROUND Through Operations Report OPS 18-35, Council approved a pedestrian crossing facility (PXO) to be located at the crossing of the newly commissioned Trans Canada Trail and Broadway. This project was subsequently included in the 2019 Operations Services Business Plan and received funding support as part of the finalized 2019 capital budget. SUMMARY Since Broadway is a designated ‘Connecting Link’ under the Public Transportation and Highway Improvement Act, R.S.O. 1990, and the Province’s role to safeguard the through- movement nature of traffic along the Connecting Link, the detailed design of the PXO and associated works require approval by the MTO. An amendment to the Town’s Traffic By-law is also required as part of the MTO submission and approval process. Town staff and the previously retained RAQS certified consultant have been working with the MTO during the detailed design stage of the proposed PXO. The finalized design of this pedestrian crossing facility (Attachment 1) has subsequently been reviewed by the MTO who have no further concerns. Therefore, the Town is now in a position to endorse the applicable Traffic By-law amendment. CONSULTATION / COMMUNICATION Recognizing that the installation of PXO’s is still relatively new to the Town, Pedestrian Crossover educational infographic flyers will continue to be distributed promoting safety and directing users to the Town’s webpage dedicated to Pedestrian Crossovers (www.tillsonburg.ca/crossovers). Town staff will also continue to work with local OPP to further promote, educate and bring awareness of Pedestrian Crossover’s to the general public. Page 339 of 453 Page 2 / 3 FUNDING IMPACT/ FUNDING SOURCE The 2019 capital budget allocation of $90,000 for the Broadway and Trans Canada Trail pedestrian crossing facility is comprised of $50,000 in Federal Grant proceeds, $20,000 of DC Reserves and $20,000 from Taxation. Following the warrant analysis of $10,000 and detailed design of $15,000 already completed by the RAQS consultant approximately $65,000 of the project budget remains for installation and commissioning. Based on the detailed design cost estimate and in consultation with the RAQS consultant, the following expenditures are anticipated to construct this PXO facility. Item Estimated Cost Installation of Intersection Crossover – PXO Level 2 Type B facility $60,000 Contingency $5,000 TOTAL $65,000 COMMUNITY STRATEGIC PLAN IMPACT Implementation of active transportation network linkage supports community connectivity and is supported by the Community Strategic Plan under Goal 3.3 to support the aging population and active senior citizenship and under Goal 4.3 to improve mobility and promote environmentally sustainable living. Page 340 of 453 Page 3 / 3 Report Approval Details Document Title: OPS 19-24 Broadway and Trans Canada Trail PXO.docx Attachments: - OPS 19-24 Attachment 1 - Finalzied PXO Design.pdf Final Approval Date: May 23, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 22, 2019 - 2:55 PM David Calder - May 22, 2019 - 5:21 PM Donna Wilson - May 23, 2019 - 8:13 AM Page 341 of 453 EX HYDRO POLE EX HYDRO POLE 30 20Rb-5515 Rb-553020 Ra-10Wc-27RRb-55OVERHEAD Ra-5 ROVERHEAD Ra-5L (MOUNTED TO BACK OF Ra-5R)ALUMINUM MAST ARM L = 9.2 mRRFB w TELL TALERa-5RRa-4tOVERHEAD Ra-5ROVERHEAD Ra-5L (MOUNTED TO BACK OF Ra-5R)ALUMINUM MAST ARM L = 8.5 mPXO INFO SIGN(DETAIL A)PEDESTRIANPUSHBUTTON21 Ra-10Rb-55Ra-5LRa-4tCROSSWALK TO BE FULLY ACCESSIBLE AS PER AODA LEGISLATION. REQUIRED ILLUMINATION OF PEDESTRIAN CROSSWALK AND WAITING AREA TO BE PROVIDED. CONCRETE SIDEWALK RAMP TACTILE WALKING SURFACE AS PER OPSD 310.039RRFB w TELL TALERa-5RRa-4tWc-27RPXO INFO SIGN(DETAIL A)PEDESTRIANPUSHBUTTONRa-5LRa-4t6 6 BROADWAYTRANS CANADA TRAILPRIVATE DRIVEWAY #533PRIVATE DRIVEWAY #533PRIVATE DRIVEWAY #527PRIVATE DRIVEWAY #565PRIVATE DRIVEWAY #560PRIVATE DRIVEWAY #560PRIVATE DRIVEWAY #518EX HYDRO POLEEX HYDRO POLE SOLID (YELLOW) 0.10 M TO PEDESTRIAN YIELD LINE SOLID (YELLOW) 0.10 M TO PEDESTRIAN YIELD LINE EX HYDRO POLE EX HYDRO POLE CROSS ONLY ATCROSSOVE R Ra-8 LOC A T I O N TBD CROSSONLYATCROSSOVERRa-8LOCATIONTBDPUSH BUTTON WAIT FOR TRAFFICTO STOP MAKE EYE CONTACTWITH DRIVERS STAY ALERTAND CROSS DISMOUNTAND CROSS PEDESTRIAN CROSSOVER STOP NO.DATE INITIAL REVISION DETAIL STAMP DESIGN: SC CHECK: JD DATE: APRIL 2019 SCALE: 1:200 DWG DWG 1 TOWN OF TILLSONBURG BROADWAY STREET & TRANS CANADA TRAIL PXO LEVEL 2 TYPE B SIGNAGE & PAVEMENT MARKINGS PROJECT: 190172 NORTH ARROW NLEGEND PROPOSED POLE EXISTING POLE PROPOSED POST EXISTING POST SPECIFICATIONS FOR YIELD TO PEDESTRIAN LINE PAVEMENT MARKING FOR LADDER CROSSWALK DETAIL A CUSTOM SIGNAGE PXO INFO SIGN A 09-05-2019 SC TOWN COMMENTS Page 342 of 453 The Corporation of the Town of Tillsonburg Cultural, Heritage and Special Awards Advisory Committee May 1, 2019 5:30 p.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Deb Beard, Rosemary Dean, Mark Dickson, Penny Esseltine, Terry Fleming, Vernon Fleming, Erin Getty, Carrie Lewis. Regrets: James Murphy, Collette Takacs. Also Present: Amelia Jaggard, Legislative Services Coordinator Patty Phelps, Culture and Heritage Manager/Curator 1. Call to Order The meeting was called to order at 5:28 p.m. 2. Adoption of Agenda Set goals for term to be added item 9.1. Proposed Resolution #1 Moved by: Deb Beard Seconded by: Carrie Lewis THAT the Agenda as prepared for the Cultural, Heritage and Special Awards Advisory Committee meeting of May 1, 2019, as amended, 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 Amended to add “with regrets” to staff absences. Proposed Resolution #2 Moved by: Vern Fleming Seconded by: Penny Esseltine THAT the Minutes of the Cultural, Heritage and Special Awards Advisory Committee meeting of April 3, 2019, as amended, be approved. Carried. Page 343 of 453 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 3 Date: May 1, 2019 5. Closed Session Proposed Resolution #3 Moved by: Carrie Lewis Seconded by: Rosemary Dean THAT the Cultural, Heritage and Special Awards Advisory Committee move into closed session to consider personal matters about an identifiable individual (Citizen of the Year Award). Carried. 6. Presentations/Deputations 7. General Business & Reports 7.1. Citizen of the Year Award Proposed Resolution #4 Moved by: Rosemary Dean Seconded by: Carrie Lewis THAT the Cultural, Heritage and Special Awards Advisory Committee select ___________ to be the 2019 Citizen of the Year Award recipient. Penny Esseltine suggested “Person E”. Terry Fleming suggested “Person D”. There were no other suggestions. THAT “Person E” fill the blank. Carried. THAT the Cultural, Heritage and Special Awards Advisory Committee select “Person E” to be the 2019 Citizen of the Year Award recipient. Defeated. Due to additional information becoming available to the committee, the motion was determined defeated and an additional meeting has been called to deal with the Citizen of the Year decision. 8. Correspondence 9. Other Business 9.1 Set goals for term • Promote Heritage Sites – It was noted that not all heritage sites within the Town have an Ontario Heritage Site Plaque posted. It was suggested that these sites should have additional signage that provides information on the sites importance and to create an information pamphlet on the various heritage sites within the Town. Page 344 of 453 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 3 - of 3 Date: May 1, 2019 It was suggested to complete some promotion work with a target date of either 2020 which will be the 195th Anniversary of the founding as a Town or 2022 which will be the 150th Anniversary of the founding of the incorporation. Culture and Heritage Manager/Curator to provide a listing of municipally designated properties on file with the Ontario Heritage Trust. It was suggested to create a layered map showing the different types of heritage designations and their locations. Volunteer of the Month and Cultural Grants to be items on the next Agenda. Legislative Services Coordinator to provide a list of Cultural Grants provided in the past two years. 10. Next Meeting Wednesday, June 5, 2019 at 5:30 p.m. at the Corporate Office in Suite 203. 11. Adjournment Proposed Resolution #5 Moved by: Carrie Lewis Seconded by: Mark Dickson THAT the May 1, 2019 Cultural, Heritage and Special Awards Advisory Committee meeting be adjourned at 6:35 p.m. Carried. Page 345 of 453 The Corporation of the Town of Tillsonburg Cultural, Heritage and Special Awards Advisory Committee May 6, 2019 5:30 p.m. Suite 203, 200 Broadway, 2nd Floor SPECIAL MEETING MINUTES 1. Call to Order The meeting was called to order at 5:28 p.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Erin Getty Seconded by: Carrie Lewis THAT the Agenda as prepared for the Cultural, Heritage and Special Awards Advisory Committee special meeting of May 6, 2019, be adopted. 3. Disclosures of Pecuniary Interest and the General Nature Thereof 4. Adoption of Minutes of Previous Meeting Motion Moved by: Penny Esseltine Seconded by: Erin Getty THAT the minutes of the May 1, 2019 meeting be amended under section 7.1 to include: Due to additional information becoming available to the committee, the motion was determined defeated and an additional meeting has been called to deal with the Citizen of the Year decision. Carried 5. General Business & Reports 5.1. Citizen of the Year Award Proposed Resolution #2 Moved by: Deb Beard Seconded by: Penny Esseltine THAT the Cultural, Heritage and Special Awards Advisory Committee select Diane Patenaude to be the 2019 Citizen of the Year Award recipient. Carried. Staff to contact the nominator which submitted a nomination for the Ontario Senior of the Year Award by using the Citizen of the Year Award nomination form to inform them that the nomination will be kept on file and brought forward for consideration in 2020. 6. Next Meeting Wednesday, June 5, 2019 at 5:30 p.m. at the Corporate Office in Suite 203. Page 346 of 453 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 2 Date: Monday, May 6, 2019 7. Adjournment Proposed Resolution #3 Moved by: Carrie Lewis Seconded by: Erin Getty THAT the May 6, 2019 Cultural, Heritage and Special Awards Advisory Committee special meeting be adjourned at 5:39 p.m. Page 347 of 453 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee May 14, 2019 7:30 a.m. Corporate Office, Suite 203 200 Broadway, 2nd Floor MINUTES Present: Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Jim Hayes, Mayor Stephen Molnar, Lindsay Morgan-Jacko, Ashton Nembhard, Steves Spanjers, Collette Takacs, Randy Thornton, Cedric Tomico (Left at 9:30 a.m.). Regrets: Andrew Burns, Kirby Heckford, Jeff Van Rybroeck, Lindsay Tribble, John Veldman. Also Present: David Calder, Chief Administrative Officer Amelia Jaggard, Legislative Services Coordinator Cephas Panschow, Development Commissioner Eric Gilbert, Senior Planner (Arrived at 8:30 a.m. Left at 9:20 a.m.) Paul Michaels, Manager of Policy Planning (Arrived at 8:30 a.m. Left at 9:20 a.m.) 1. Call to Order The meeting was called to order at 7:32 a.m. 2. Adoption of Agenda Regional Government Review Committee to be added as item 7.6. Ontario Southland Railway to be added as item 7.7. Meeting location to be added as item 7.8. Proposed Resolution #1 Moved by: Jim Hayes Seconded by: Randy Thornton THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of May 14, 2019, as amended, 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 (Attached) Proposed Resolution #2 Moved by: Jim Hayes Seconded by: Collette Takacs THAT the minutes of the Economic Development Advisory Committee meeting dated April 9, 2019, be approved. Carried. Page 348 of 453 Committee: Economic Development Advisory Committee Page - 2 - of 5 Date: May 14, 2019 5. Presentations/Deputations 5.1. Draft Population Forecast and Land Inventory Presented by: Eric Gilbert and Paul Michaels Attachment 1: Draft Phase 1 Comprehensive Review Study Presentation (Attached) Attachment 2: Phase 1 Comprehensive Review Study (Attached) 6. Information Items 6.1. Report CAO 19-03 Tillsonburg Hydro System Expansion Charges (Attached) Council requested that the Tillsonburg Hydro Inc. Board of Director’s revaluate their decision. The President of THI will be corresponding with the Ontario Energy Board to identify that a consistent Economic Model should be adopted for all Ontario LDCs. The THI Board of Directors have not met since the Council meeting. An update will be provided at the next meeting. 7. General Business & Reports 7.1. Monthly Project Updates (Attached) A report to bring forward the retail gap analysis will be brought to Council for review at the May 27, 2019 meeting. The news release for the Van Norman Innovation Park went out. There are three or four parties that have shown interest in purchasing property. The Town Hall RFP deadline was extended to June 6, 2019. 7.2. Community Strategic Plan 7.2.1. Goals for Committee Term (Attached) Item to be brought forward at the next meeting. 7.3. Tillsonburg Hydro Inc 7.4. Town Hall Task Force The committee will be touring other Town Halls in the Township of Norwich, Norfolk County and Haldimand County. Status quo will be an option for consideration. The RFP deadline is June 6, 2019 7.5. Wayfinding Signage Project Update Development Commissioner provided an update on the wayfinding signage. Next steps include completing a review of best practices from other municipalities, reviewing recommendations from 2012, and initiating a public engagement process. It was suggested that there should be a large sign for the Community Centre on Broadway. Page 349 of 453 Committee: Economic Development Advisory Committee Page - 3 - of 5 Date: May 14, 2019 7.6. Regional Government Review Committee The committee’s mandate is to develop Made in Tillsonburg options to bring back to Council for the purpose of sending a submission to the Regional Review Advisors and Minister of Municipal Affairs and Housing. The Town will be hosting a public open house for residents and stakeholders to share their feedback on the efficiency, effectiveness and cost of the various municipal services that the upper-tier (Oxford County) and the lower-tier (Town of Tillsonburg) municipalities provide. The public open house will be held on Thursday, May 16, 2019, between 6:00 p.m. to 8:00 p.m. in the Seniors Centre Auditorium at the Tillsonburg Community Centre. 5. Presentations/Deputations 5.1. Draft Population Forecast and Land Inventory Presented by: Eric Gilbert and Paul Michaels Attachment 1: Draft Phase 1 Comprehensive Review Study Presentation (Attached) Attachment 2: Phase 1 Comprehensive Review Study (Attached) Eric Gilbert, Senior Planner and Paul Michaels, Manager of Policy Planning arrived at 8:30 a.m. Eric Gilbert and Paul Michaels provided an overview of the draft study. The draft study was presented to County Council on Wednesday, April 10, 2019. It has been provided to the area municipalities for comment. The purpose of the study is to provide a determination of the twenty year growth forecast to ensure policy supports growth. The study is updated on a five year basis when the census is released. It is also reviewed and updated annually. The age structure identified by the study says the population is ageing, and that there is unusually high immigration of seniors and out migration of young adults. The employment growth is strong, although concentrated within the automotive sector. The study identifies that employment will be driven by services and manufacturing. All municipalities can expect substantial growth. The thirty year forecast shows a 36% population increase. The study indicates that the Town of Tillsonburg has sufficient industrial and residential land to support the forecasted growth. Commentary could be included within the study to point out that although it appears there is sufficient industrial land, there are existing ownership restraints. Land inventory is adjusted annually following the issuance of building permits. Hemson Consulting Ltd. determines demand but considering numerous factors including: past growth, migration figures, approved development (type of units and Page 350 of 453 Committee: Economic Development Advisory Committee Page - 4 - of 5 Date: May 14, 2019 numbers) and constraints on development that have existed. The demand determination for industrial land is more challenging as there is no past absorption. The draft study will be presented at the Council meeting on May 27, 2019. The final report to County Council will be in June. It was suggested that the study should identify a lack of commercial land supply. Commentary could be included regarding pending commercial development. Eric Gilbert, Senior Planner and Paul Michaels, Manager of Policy Planning left at 9:20 a.m. 7.7. Ontario Southland Railway Notice has been provided to IGPC Ethanol Inc. that they will cease offering service on the CN rail line effective June 2019. If the railway is not being utilized enough CN could decommission the tracks. Development Commissioner to inform stakeholders of the potential loss of rail services. 7.8. Meeting location Motion Moved by: Randy Thornton Seconded by: Jim Hayes THAT committee meetings be held in the Board Room at the Customer Service Centre moving forward. Carried. 8. Community Organization Updates 8.1. Downtown Business Improvement Association The beautification plan will be implemented soon. 8.2. Tillsonburg District Chamber of Commerce 8.3. Tillsonburg District Real Estate Board 8.4. Physician Recruitment 9. Correspondence 9.1. None 10. Other Business 11. Round table Motion Moved by: Deb Gilvesy Seconded by: Lisa Gilvesy THAT the committee’s comments regarding the Hemson Consulting Ltd. draft study be brought forward at the Council meeting on May 27, 2019. Carried. 12. Next Meeting Tuesday, June 11, 2019 at 7:30 a.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. Page 351 of 453 Committee: Economic Development Advisory Committee Page - 5 - of 5 Date: May 14, 2019 13. Adjournment Proposed Resolution #3 Moved by: Jim Hayes Seconded by: Steve Spanjers THAT the May 14, 2019 Economic Development Advisory Committee meeting be adjourned at 9:32 a.m. Carried. Page 352 of 453 = Attendance: Chris Parker Stephen Molnar Deb Gilvesy Mark Renaud Jessee Goossens David Calder Shane Curtis Donna Wilson 1. Call to Order The meeting was called to order at 4:34 p.m. 2. Minutes of the meeting of April 29, 2019. Moved By: Stephen Molnar Seconded By: Jesse Goossens THAT the minutes of the Regional Review Council Committee be approved. Carried 3. Regional Government Review Public Open House Summary • Open House notes attached • BIA Resolution attached. Discussion took place regarding the Public Open House which took place Thursday May 16, 2019. Information from Vane Chute was informative. Laural Beechey provided the Chair with her submission to the County Regional Review meeting. A proposal from Dave Beres was provided as well to the Chair. The Corporation of the Town of Tillsonburg Regional Review Council Committee Tuesday May 21, 2019 4:30 p.m. Annex, Corporate Office 200 Broadway, 2nd Floor MINUTES Page 353 of 453 Regional Review Committee Meeting – Minutes - 052119 - 2 - It was noted that a number of people don’t understand what is taking place with the Regional Review and that if they understood what was at stake they would take more of an interest in the review. It was suggested by the BIA that boundaries be determined by county wide consultation. 4. Made in Tillsonburg Options The Chamber of Commerce has made a submission to the province regarding their position. It was noted that the process needs to be proper and defined with reviews done in order to provide a qualified recommendation. If the province determines that changes are to be made then the Oxford municipalities should have the opportunity to provide recommendations regarding those changes. Moved By: Shane Curtis Seconded By: Jesse Goossens THAT the Regional Review Council Committee supports the position of Tillsonburg Council and the County of Oxford for a two tier governance system in Oxford; AND THAT the committee recommends to Council that once the province determines the government structure that the municipality be included in a consultation process which includes the service level review in Oxford County; AND THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to the Minister of Agriculture, Food and Rural Affairs and to the area municipalities including the County of Oxford. Carried 5. Next Meeting: At the call of the Chair. 6. Adjournment The meeting was adjourned at 5:35 p.m. Page 354 of 453 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee May 21, 2019 10:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Cindy Allen, Kathryn Leatherland, Pete Luciani, Mayor Stephen Molnar, Lynn Temoin, Carolijn Verbakel. Regrets: David Brown, Sherry Hamilton, John Verbakel. Also Present: David Calder, Chief Administrative Officer (Left at 11:06 a.m.) Kevin De Leebeeck, Director of Operations Amelia Jaggard, Legislative Services Coordinator 1. Call to Order The meeting was called to order at 10:03 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Pete Luciani Seconded by: Lynn Temoin THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of May 21, 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 (Attached) Proposed Resolution #2 Moved by: Kathryn Leatherland Seconded by: Carolijn Verbakel THAT the minutes of the Tillsonburg Transit Advisory Committee dated April 16, 2019, be approved. Carried. 5. Presentations/Deputations Page 355 of 453 Committee: Tillsonburg Transit Advisory Committee Page - 2 - of 4 Date: May 21, 2019 6. General Business & Reports 6.1. T:GO Transit 6.1.1. Proposed Route and Schedule Feedback Council noted concerns about not having a bus stop at 53 Queen Street. The service provider said either 53 Queen Street or the Livingston Centre can be included as bus stops; however, it would be too much to include both locations. It was noted that the Q’Straint Wheelchair Securement System on the TGO bus requires five minutes to secure an individual’s wheelchair. Kathryn Leatherland will share the proposed route and schedule with tenants of the Livingston Centre. The TGO service provider has run the proposed routes twice and indicated the timing would work. Kathryn Leatherland will correspond with a member of the Multi Service Centre to request assistance in determining the need for public transit for tenants of the Livingston Centre. Public feedback regarding the draft routes currently has no submission deadline. It was noted that extending hours of service would have a significant cost implication. Staff will determine the route/schedule impact of adding both 53 Queen Street and the Livingston Centre as bus stops. It was suggested to expand TGO ticket sales outside of the Customer Service Centre. Staff will confirm that the service provider has a backup bus should a breakdown occur to ensure continuity of service. 6.1.2. Draft T:GO Code of Conduct Guidelines (Attached) Food and beverages section to include “The consumption of alcohol…” Motion Mover: Pete Luciani Seconder: Lynn Temoin THAT the committee endorse the Draft T:GO Code of Conduct Guidelines being implemented. Page 356 of 453 Committee: Tillsonburg Transit Advisory Committee Page - 3 - of 4 Date: May 21, 2019 6.1.3. Website overview/review (Attached) Staff to look into the possibility of developing a TGO website separate from Tillsonburg.ca. 6.1.4. Communications Plan 6.1.4.1. Draft Bus Stop sign options (Attached) The committee endorsed the sign which includes the image of a bus. 6.1.4.2. Draft brochure (Attached) A 842-4TGO phone number has been reserved. It was noted that the brochure should reference the ten-ride pass. It was suggested that the cover of the brochure should reflect the chosen signage. 6.1.4.3. Next steps It was suggested that it would be beneficial to engage with the Multi-Service Centre. Once the brochures are printed, staff will distribute copies to key areas including Hickory Hills, Baldwin Place and Queen Street. The brochure will also be provided to schools in hopes of including them with welcome back to school packages in September. It was suggested that the lottery booth in the mall could sell TGO tickets. David Calder left at 11:06 a.m. The Town website and social media pages will be utilized for promotional purposes. Staff to bring a marketing plan to the committee. It was suggested to provide brochures to every private institute on the TGO route. Staff will have an update on the signage order and install timeline at the next meeting. The brochures cannot be produced until the phone number and launch date are confirmed. It was suggested to put removable stickers on the new signs indicating the effective date. The Transportation Coordinator position is currently closed. Page 357 of 453 Committee: Tillsonburg Transit Advisory Committee Page - 4 - of 4 Date: May 21, 2019 The Inter-community Transit Coordinator position has been posted. It was suggested to include a list of alternate transportation options on the website and in the brochure. 6.2. Inter-Community Transit 6.2.1. Project status – verbal update (Director of Operations) Staff have been working with the Ministry of Transportation (MTO) on revising the work plan. The agreement has not yet been signed. The inter-community transit system must be implemented within the first year after signing the agreement. The agreement is currently with the MTO. The routes on the original application cannot be changed, however the number of stops can be adjusted. The application indicated service to the City of London to be implemented in year three (3); staff think this could be accomplished in year one (1). Report OPS 19-16 to be circulated with the minutes. 6.3. Oxford County Transportation Master Plan (Attached) 6.3.1. Review and Comment Provide comments to the Director of Operations by Monday, June 10, 2019. The Director of Operations will submit comments to Oxford County prior to the deadline of Monday, June 17, 2019. 7. Correspondence 8. Other Business It was suggested that the committee should review quarterly financials. It was suggested to discuss fare rates in the future 9. Next Meeting Tuesday, June 18, 2019, at 10:00 a.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. 10. Adjournment Proposed Resolution #3 Moved by: Carolijn Verbakel Seconded by: Pete Luciani THAT the May 21, 2019 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:21 a.m. Carried. Page 358 of 453 Tillsonburg Business Improvement Area Board Meeting - Minutes Tuesday, December 18th, 2018 7:00 am – Carriage Hall – 25 Brock Street West, Tillsonburg 1. CALL TO ORDER a. The meeting was called to order at 7:18 am by the Board Chair In attendance: C. Tomico, P. Esseltine (7:30 am), C. Pepper, W. Cameron, M. Rosehart, D. Rasokas, M. Tedesco, M. Renaud 2. ADOPTION OF THE AGENDA – Moved by Tedesco, Seconded by Rasokas – “Carried” 3. ADOPTION OF THE MINUTES – Minutes from the meeting of November 29th, 2018, Moved by Tedesco, Seconded by Rasokas – “Carried” 4. TREASURER’S REPORT: a. 2018 will finish with a large surplus of +/- $70,000 b. Recommendation to invest surplus funds at First Ontario Credit Union – discussion to defer this discussion to the AGM in January. c. Motion to approve FIP disbursement to John/Wendy Cameron for 83-85 Broadway in the amount of $9,500 – Moved by Rosehart, Seconded by Tedesco – “Carried” d. Motion to approve the 2019 lease agreement for the 20 Oxford Street BIA office including ancillary charges for office internet services; in the amount of $4,293.91 – Moved by Tedesco, Seconded by Rosehart – “Carried” 5. Committee Reports: a. Beautifications: C. Tomico reported that brackets for the EBB focal point signs have been procured. There was a brief discussion of the downtown maintenance being improved. C. Tomico and M. Renaud to meet with D. Calder and town staff to bring renewal of the BIA/Town MOU forward and for consideration by the Board of Management. Page 359 of 453 b. Communications: C. Pepper presented suggestions for the Provincial Highway signs program. $750 for each 401 location and $500 for each King’s Hwy location (i.e. #3) – Discussion ensued and it was agreed to move forward with three TODS signs locations – 2 on Hwy 401 at Ingersoll (eastbound and westbound) and also one location on Highway #3 outside Tillsonburg. Moved by Rasokas and Seconded by Cameron that the Board of Management approve an upset limit of $2,000 for TODS signage in 2019. Project lead is Colleen Pepper. – “Carried” The Executive Director presented the Board with a proposal to subscribe to the online software service “Constant Contact” which is also being used by the Chamber of Commerce. The monthly fee is $25-$30. The platform will improve effectiveness and communication with the general BIA membership. Moved by Cameron and Seconded by Rosehart that the Board of Management approved the procurement and use of Constant Contact software. – “Carried” The Board of Management discussed the upcoming AGM to be held at Carriage Hall on January 16, 2019 including the time and location. c. Promotions: There was discussion to reconstitute a formal Promotions Committee to be comprised of Mark Tedesco, Mark Renaud and Colleen Pepper. Moved by Rasokas and Seconded by Rosehart that M. Tedesco be Promotions Chair – “Carried”. 6. OTHER BUSINESS: a. There was discussion to appoint C. Tomico as the BIA representative to the Town of Tillsonburg Economic Development Advisory Committee and a resolution was drafted. Moved by Tedesco and Seconded by Rasokas that C. Tomico be appointed as the BIA respresentative to the Town of Tillsonburg Economic Development Advisory Committee. – “Carried” 7. NEW BUSINESS: a. NONE Page 360 of 453 ROUNDTABLE: There was a general discussion regarding Marketing and Promotions for 2019. All of the Board Members welcomed the new Executive Director. There was a discussion about the MOU and ensuring that it is brought back on a timely basis. There was further brief discussion about the AGM and protocol/details for that evening. 8. NEXT MEETING – TBD (beyond the January 16th, 2019 AGM) 9. MOTION TO ADJOURN – 8:28 AM – M. ROSEHART Page 361 of 453 TILLSONBURG BIA ANNUAL GENERAL MEETING Carriage Hall, 25 Brock St. W., Tillsonburg, ON Wednesday, January 16, 2019 – 7:00 p.m. MINUTES Present: D. Rushton, D. Scanlan, K. Yorke, S. Shoemaker, M. Tedesco, M. Christiaens, L. Oliveira, C. Appleton, L. Arnold, D. Covey, L. Covey, P. Luciani, D. Rasokas, C. Tomico, M. Renaud, K. Slattery, P. Esseltine, C. Pepper, M. Rosehart Regrets: W. Cameron, J. Scott, Councillor D. Gilvesy 1. CALL TO ORDER: C. Tomico, Chair called the meeting to order at 7:00 p.m. The Chair also then confirmed that there was a quorum present to continue the meeting. 2. DECLARATION OF PECUNIARY INTEREST: None. 3. WELCOME and INTRODUCTION: C. Tomico introduced the new Executive Director, Mark Renaud and new Events & Marketing Co- ordinator, Karlee Slattery. C. Tomico welcomed everyone to the meeting and thanked them for their attendance. 4. MOTION: Moved by D. Rasokas; Seconded by M. Tedesco and resolved that the agenda as prepared for the Annual General Meeting of the Tillsonburg BIA dated Wednesday, January 16th, 2019 be ADOPTED CARRIED Page 362 of 453 5. MOTION: Moved by M. Rosehart; Seconded by M. Christiaens and resolved that the minutes as prepared for the BIA Board of Management AGM of March 27th, 2018 be APPROVED CARRIED 6. CHAIR’S REPORT: C. Tomico delivered a PowerPoint presentation on the 2018 year in review; 2019 plan; 2019 beautifications; 2019 strategic imperatives; 2019 priorities and what direction the BIA is taking moving forward. P. Esseltine spoke to clarify the Town of Tillsonburg involvement and budgetary contributions to the BIA beautification in conjunction with the Tillsonburg Horticultural Society. C. Tomico spoke about the town debenturing the heritage streetlight installation which will impact 2019 financials. There were a few comments made by the membership regarding the new LED light fixtures casting a different colour and amount of light. C. Pepper commented that there was a proper engineering analysis which took place to confirm that the lighting was in fact in accordance with provincial standards. P. Esseltine also spoke about a connection with Fanshawe College and that she had the contact information and documentation. The ED will meet with P. Esseltine to review and follow-up with this. There was a brief discussion on re-constituting and re-implementing the “clean streets” program with Community Living. There were a couple of positive comments made about the new heritage streetlights that were recently installed. The Chair discussed the addition and importance of the new Events and Marketing Co-ordinator and their focus with new website development and work with specific events including the Turtlefest Block Party for 2019. The Chair reviewed a number of items that both the ED and EMC will be working on in the first quarter of 2019. There was also discussion of a retail recruitment strategy and newly revised MOU between the BIA Board of Management and Town of Tillsonburg being finalized and implemented in 2019. The ED commented that the Chair and ED had already met with CAO Calder to get this ball rolling forward. Page 363 of 453 7. TREASURER’S REPORT: D. Rasokas presented the 2018 financial year-in- review; answered questions from group; spoke about surplus resulting from no ED in place from April to November; highlighted FIP status and town contribution in 2018. There was a general discussion of the large amount of surplus funds on hand and on deposit at First Ontario Credit Union. There was a motion brought forward to invest a portion of said surplus funds and to allocate the remainder of surplus funds to reserves to cover off any future liabilities relating to tax appeals. The Treasurer spoke about the interest rate of 3.25% being offered to the BIA for the GIC’s which is an excellent rate of return. The ED also commented First Ontario is providing us with this high rate even though the funds are already on deposit at the credit union. Normally the 3.25% rate would only be available to “new monies” brought in from another financial institution. The ED commented that First Ontario has been excellent to deal with. There was also a discussion about the importance of budgeting for any tax liabilities in the future that could have a materially negative impact to BIA finances and why there was a contingency established for this in the new budget. The ED commented that as at 12/31/2018; there was approximately $238,000 in the BIA bank accounts at First Ontario Credit Union. MOTION: Moved by D. Rasokas and Seconded by M. Rosehart and resolved that $65,000 be transferred from the BIA bank accounts at First Ontario Credit Union to First Ontario GIC’s with a term date not to exceed 24 months. CARRIED MOTION: Moved by D. Rasokas and Seconded by L. Arnold and resolved that Good, Redden, Klosler LLP be appointed as the auditor for the BIA Board of Management until the next AGM. CARRIED Page 364 of 453 8. 2019 Budget: D. Rasokas spoke about the 2019 budget document and there was a general discussion and some questions from the floor. D. Rasokas explained the major changes from both the 2018 budget, 2018 actuals and 2019 proposed budget. The operating expenses including labour costs are significantly higher due to having a new ED in place for the entire 2019 year and also the addition of the contract Events and Marketing Co-ordinator contractor for all of 2019 as well. There was also discussion of the impact of the debenture for payment of the heritage streetlights which were installed in December of 2018. There was also a discussion of heightened investment in both beautifications and marketing programs for 2019. The Treasurer also made comment about why the marketing expenses are significantly higher than 2018 actuals and again it was discussed that due to not having an ED in place from end the end of March until December 3rd; that there was no planning and execution of normally planned for events like the Christmas Crawl promotion. With new resources in place for all of 2019l there will be a great deal more programs and promotions implemented and executed. MOTION: Moved by M. Tedesco and Seconded by P. Esseltine and resolved that the 2019 BIA Board of Management budget be adopted as presented. CARRIED 9. NOMINATIONS FOR AND APPOINTMENT OF THE 2019-2023 BOARD OF MANAGEMENT. The Chair opened the floor to nominations. There were no new nominations from the floor. Nominations were closed by C. Tomico. The following BIA members confirmed their interest to continue with the board: Page 365 of 453 C. Tomico; J. Scott; D. Rasokas; W. Cameron; M. Rosehart and M. Tedesco. There was a discussion about currently appointed board members who have not expressed an interest in being appointed for the new term. The ED commented that the BIA constitution has an existing clause to deal with board attendance. M. Rosehart commented about the protocol for dealing with board members who were not in attendance at the AGM nor who had expressed an interest in continuing on. P. Esseltine commented that the nominated slate of candidates should only be those who had contacted the BIA and Town and who had continued to express an interest to serve on the board for the new term of council. After this discussion, the following motion was brought forward: MOTION: Moved by M. Rosehart, and seconded by S. Shoemaker and resolved that C. TOMICO, J. SCOTT, D. RASOKAS, W. CAMERON, M. ROSEHART AND M. TEDESCO are hereby appointed to the BIA Board of Management for the 2019-2013 term and authorization to notify the Clerk of the Town of Tillsonburg for consideration and approval by Municipal Council pursuant to the Town of Tillsonburg appointment bylaw. CARRIED 10. New business: None. 11. Adjournment: Moved by M. Rosehart that the meeting be adjourned at 8:08 p.m. Page 366 of 453 Tillsonburg Business Improvement Area Board Meeting – Minutes for Thursday, February 21st, 2019 7:30 am – Carriage Hall – 25 Brock Street West, Tillsonburg 1. CALL TO ORDER a. The meeting was called to order at 7:32 am by the Board Chair In attendance: C. Tomico, D. Gilvesy, C. Pepper, M. Rosehart, D. Rasokas, M. Tedesco, M. Renaud, K. Slattery, C. Pepper Regrets: W. Cameron, J. Scott 2. ADOPTION OF THE AGENDA – Moved by GILVESY, Seconded by RASOKAS – “Carried” 3. ADOPTION OF THE MINUTES – Minutes from the meeting of December 18th, 2018; Moved by RASOKAS, Seconded by GILVESY – “Carried” 4. TREASURER’S REPORT: There was a brief presentation by D. Rasokas highlighting the finances for the month of January. There were no funds received from the town for any BIA related income. The only major expense in January was the ED contract pay statement. The Treasurer indicated that there were still excess funds in the chequing account that are not earning interest. The Treasurer then suggested that excess funds should be moved into the savings account. To this end, the following resolution was put onto the floor: Motion: That all but $50,000 of our cash be moved to a High Interest Savings account at First Ontario Credit Union until the funds are needed. Moved by: Rasokas, Seconded by Rosehart – “carried” 5. Judi Misener of the Tillsonburg Horticultural Society delivered a presentation to the Board on the 2019 four-season urn program. There were no questions posed or concerns raised. 1 Page 367 of 453 6. Executive Director’s report: a. The ED gave a verbal report on the Downtown London BIA governance issues and member discontentment. b. The ED reviewed the importance of following the Municipal Act with respect to the BIA meeting protocols. The ED distributed the Ontario Ombudsman investigative report to the Owen Sound BIA dated October 2nd, 2018. c. The ED attended meetings with Turtlefest, MOU with Town, FIP committee meeting with the Town, meetings with several BIA members, two meetings with First Ontario Credit Union and meetings with the CEO of the Chamber of Commerce. d. The ED has published updated full-year meeting calendars for each of the full board and the promotions sub-committee. e. The ED met with the principles of 21, 25, 27 Brock Street concerning the newly created darkness created by the removal of the three light heads on Brock Street East. The ED also spoke with the Manager of Long & McQuade, KTN Taxi and Carriage Hall regarding this concern. A resolution was put on the floor as follows: Motion: And resolved that the BIA Board of Management asks the Town of Tillsonburg to place a moratorium on the removal of the 6 light poles on Brock Street East and West pending a review and engagement with the concerned parties and further that an action plan is put into place to address said concerns. Moved by: TEDESCO, Seconded by: ROSEHART – “CARRIED” 7. Committee Reports: a. Beautifications: The ED did cover off that there were conversations held between the Tillsonburg Horticultural Society and the BIA. The ED had also undertaken preliminary design work on new banners for the south vista entrance to the BIA zone from Tillson Avenue/Simcoe Street intersection. The ED distributed the proposed “Rear Façade Checklist” as requested by the CBO, Town of Tillsonburg. Board members are to review and send comment to the ED who will in turn summarize and e-mail the town’s CBO. The ED led a discussion about the proposed drawing of 21, 25, 27 Brock Street East façade drawing. 2 Page 368 of 453 b. Communications: K. Slattery presented a report on her digital marketing progress including a demonstration of the current state of all social media sites. The EMC noted increases in visits to all digital platforms. c. Promotions: The committee provided a copy of the full-year promotional calendar with proposed activities and dates. Some of the information regarding specifics of dates, times and activities is to follow. The ED spoke about the marquee events beyond Turtlefest in 2019 to include an all-day block party on Canada Day in conjunction with The Station Arts Centre, the Christmas Crawl/Holi-Dazzle in early December and the New Year’s Eve Block Party event on December 31st, 2019. The ED suggested that board members can provide feedback on the promotional calendar by e-mail. The ED also spoke about having BIA B2B social events for people to get to know each other. 8. OTHER BUSINESS: a. The ED discussed efforts to “fix” the currently inoperative downtown WiFi system. b. The ED presented the board with a verbal report about the sidewalk sinking at 21 Brock Street East – the follow-up is for the ED to write a letter of support to the town regarding the property-owner’s concerns. 9. NEW BUSINESS: a. C. Pepper raised a point about a follow-up to the 2019 Turtlefest event and the request from the Turtlefest committee regarding an increase in funding from the BIA. After a group discussion, it was decided to defer this request to the Promotions Committee that any funding to be provided to Turtlefest is to come from the promotions budget . The board also discussed the additional supports to the Turtlefest committee as well as more clearly defining the EMC’s role. The ED will attend the full Turtlefest committee meetings effective immediately. The next Turtlefest Board Meeting is March 8th at the Tillsonburg Town Centre. The board also clarified that the role of the EMC will be to exclusively work on the Block Party portion of Turtlefest – the ED, EMC and C. Pepper will meet to discuss further. b. There was a suggestion made about painting “no bicycle” markings on the sidewalks in the downtown core to prevent cyclist/pedestrian collisions. The ED will contact the 3 Page 369 of 453 town for next steps. The ED will meet with the Chair of the Tillsonburg Police Services Board as a follow-up to smoking issues in front of the TTC, bicycle markings on sidewalks and the proposed parking changes to Broadway. ROUNDTABLE: There were no roundtable points made. 10. NEXT MEETING – March 21st, 2019 – Carriage Hall, 7:00 am breakfast, 7:30 am meeting 11. MOTION TO ADJOURN – 9:43 AM – M. ROSEHART 4 Page 370 of 453 Tillsonburg Business Improvement Area Board Meeting – MINUTES - Thursday, March 21st, 2019 7:00 am breakfast, 7:30 am meeting – Carriage Hall – 25 Brock Street West, Tillsonburg 1. CALL TO ORDER: Determine if a quorum is present. Time: 7:36 am Members present: C. Tomico, D. Rasokas, M. Tedesco, W. Cameron, M. Rosehart, C. Pepper, K. Slattery, M. Renaud - Regrets: J. Scott 2. ADOPTION OF THE AGENDA: a. moved by: D. Rasokas seconded by: W. Cameron “CARRIED” 3. ADOPTION OF THE MINUTES from the meeting of February 21st, 2019 a. moved by: M. Rosehart seconded by: M. Tedesco “CARRIED” The minutes were adopted without comment. 4. TREASURER’S REPORT – D. Rasokas The treasurer reported the financials. C. Tomico and M. Roseheart queried if there were any issues or abnormalities. The Treasurer responded that all was in order. The ED indicated that there were still two issues with First Ontario. One about online access that the staff accountant was having difficulty. The ED communicated that First Ontario had still not issued the credit card and that CIBC had been given the opportunity to provide this credit facility in lieu of First Ontario. The bank balances as of February 28th, 2019 were listed as $202,158.96. There were no questions. 1 Page 371 of 453 5. DELEGATIONS: There were no delegations. 6. COMMITTEE REPORTS: a. Beautification: i. Report– ATTACHED. There was a general discussion as to the plan presented by the ED - OP-ED-03-19-2019 C. Tomico expressed concern about the funding and referred the ED and Treasurer, (D. Rasokas), to come up with the tactics for financing/covering these expenses . The ED agreed to keep the board up to date on all progress made with the plan as approved. C. Tomico spoke to the importance of each of the board members to speak with their contacts about trying to get donations in kind including potential labour i.e. installing of interlocking stone. The ED reiterated the 25% discount available until March 31st, 2019 with Classic Displays. The board agreed unanimously that the beautification is a strategic imperative and that promotional advertising be muted until the beautification plan is fully operational – target date of May 15th, 2019. RESOLUTION: That the BIA Board of Management approves the 2019 Beautification plan with an upset limit of $40,000 be approved and funded within the existing total financial envelope of the 2019 BIA budget. Moved by: M. Rosehart Seconded by: W. Cameron “Carried” ii. Communications/Promotions: Report from Events and Marketing Co-ordinator 2 Page 372 of 453 There was a general discussion about the verbal report from the EMC. There was some questions about the upcoming regional ringette tournament and the EMC presented the work plan including copies of the flyers/materials and the digital elements on her laptop computer. C. Pepper showed the board her work plan and results. The board had no concerns about what was presented. The ED complimented the EMC on her extra efforts and for working well independently with little supervision. The EMC spoke to growth on all digitial platforms with muted response on Twitter. M. Tedesco spoke in support of the beautification before promotions as a tactical imperative. M. Tedesco spoke to the promotions calendar. The EMC/ED distributed the promotions calendar for 2019 and it was accepted as information. The EMC spoke about another event be added on Brock Street to highlight the fitness businesses. 7. EXECUTIVE DIRECTOR’S REPORT: The ED indicated that there was late information for this meeting agenda package. C. Pepper handed out a revised/final report from the Development Commissioner. The ED suggested this matter be deferred until the next regular meeting so the board has the time to review the finalized document. The ED will add this item to the April 25th meeting. The ED asked the board for comment on the workplan and meetings attended and there was no discussion. The ED did inform the board of numerous meetings that were being undertaken to advance the business and decision-making for the BIA operations. Several board members intimated that it was important to be in sync and that the synergies to be maximized. 3 Page 373 of 453 The ED will meet with M. Tedesco on the afternoon of March 21st to review if there are items that could be purchased through The Anchor Shoppe to save monies. The ED will also follow-up with existing vendors and suppliers as well as businesses in the BIA zone to use those relationships to advance our plans while minimizing expenses. 8. OTHER BUSINESS/CORRESPONDENCE There were no comments made about the items listed in the agenda for this section. The ED commented that all of the items with respect to WiFi and correspondence would be followed up with. There were no board comments about either pieces of correspondence. 9. NEW BUSINESS: MOTION TO MOVE INTO CLOSED SESSION TO DISCUSS ACQUISITION OR DISPOSAL OF LAND. ED REPORT CL-ED -03-19-2019-A. Moved by: M. Tedesco Seconded by: D. Rasokas “CARRIED” MOTION TO MOVE BACK INTO OPEN SESSION: (9:21 a.m.) Moved by: D. Rasokas Seconded by: M. Rosehart “CARRIED” 4 Page 374 of 453 10. ROUNDTABLE: The ED mentioned that John Scott indicated that due to work and personal demands, he would be resigning from the Board of Management. This discussion was had at Staples at 4:00 pm on Wednesday, March 20th. The ED instructed Mr. Scott to put his resignation in a e-mail or letter. The ED spoke that there were several people interested in becoming a board member – (Carl Heutinck from Boston Pizza). The ED is meeting with C. Heutinck next week. 11. NEXT MEETING – Thursday, April 25th, 2019 at Carriage Hall – 7:00 am breakfast, 7:30 am meeting 12. MOTION TO ADJOURN : a. moved by: M. Rosehart - 9:36 am 5 Page 375 of 453 TILLSONBURG POLICE SERVICES BOARD Minutes MEETING: GENERAL MEETING PLACE: Tillsonburg, OPP Detachment Boardroom DATE: Wednesday, April 17, 2019 TIME: 8:00 a.m. AGENDA ITEM DISCUSSION OUTCOME/ACTION 1 Call to Order The Chair called the General session of the Board to order at 8:08 am. 2 Attendance Present: Regrets: Larry Scanlan, Chair Ann Loker Greg Horvath, Vice Chair Mayor Steve Molnar Councilor Chris Rosehart Becky Turrill, Secretary Inspector Hymers S/S Ormsby None 3 Declaration of Pecuniary Interest None declared 4 Approval of Agenda The Agenda was presented to the Board for approval. On motion made by A. Loker, seconded by G. Horvath, and carried, the Agenda was approved. 5 Issues Arising from previous minutes None 6 Approval of Previous Minutes The Minutes of a meeting of the Board held on March 20, 2019 were presented to the Board for approval. On motion made by Councilor Rosehart, seconded by G. Horvath and carried the Minutes of the meeting held on March 20, 2019 were approved. 7 Presentations / Delegations None 8 Correspondence None 9 Financial – remainder of 2018 has been put into reserves for TPSB 1 Page 376 of 453 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 Detachment Commander Reports  OPP contract Policing - Tillsonburg Inspector, Hymers presented the March 2019 contract statistics and memorandum which reported: • 47 provincial offences tickets written • 83 By-law • 170 hours of Cruiser Patrol • 61.75 hours of Foot Patrol • 33.5 hours of School Patrol Members of the OPP attended 378 calls for service. The most serious of these calls were: Theft Under – 29, Break & Enter – 1, Fraud – 7 & Mischief – 3.  Inspector, Hymers presented the Tickets Written in Tillsonburg for the month of March2019 report: • Speeding, 5 • Fail to Stop, 2 • Plate/Permit/Insurance, 25 • Trespass/Intox in Public, 5 • Careless, 3 • Seatbelt, 2 • Hand Held Device, 0 • Fail to Yield / Improper turn, 3 • By-law, 83 • Cannabis Act. 0 • Other, 2 Total for March 2019, 47  Inspector, Hymers presented the OPP Auxiliary Monthly Unit Summary for March 2019 • Total Hours within Tillsonburg for, 187.50  Crime Stoppers of Oxford Inc. Report Inspector, Hymers presented the report for Oxford Crime Stoppers for March 2019. Monthly Tip Statistics for March 2019 • Total Calls Received, 34 • Woodstock PS Tips , 18 • OPP Tips, 14 – Tillsonburg received 4 • Assigned out to other Crime Stoppers Programs , 1 • Not Assigned, 1 2 Page 377 of 453 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 cont’d Meetings/Events Attended in November • Board Meeting – March 26, 2019 Media Relations • Crime of the week submissions to local media outlets including print and television as well as social media. Fundraising • None Promotions • Human Trafficking Information Event – May 28 – Woodstock • OPP Constable Cote – 2 Crime Stopper Meetings held with local students Upcoming Events • Zone meeting – April 16 - Simcoe  Inspector, Hymers presented the High School Resource Officer Month End Report for March 2019 March 2019 – Criminal Code CFS Incident Type This Month YTD Total Assault 0 3 Mischief 0 1 Threats/Intimidation 0 2 Theft 0 1 Drugs 0 2 Trouble with Youth 2 15 Other 4 10 Total 6 34 Police Action Taken This Month YTD Total Warnings 1 6 Charges 0 5 Diversions 0 1 Assist Other Officer 0 0 March 2019 – Provincial Offence CFS Incident Type This Month YTD Total Highway Traffic Act 0 5 Trespass to Property Act 0 4 Liquor Licence Act 0 0 Mental Health Act 0 1 Other Provincial Act 0 0 Total 0 10 3 Page 378 of 453 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 con’t Meetings/Presentations March: • Meeting with student, VP & Principal regarding Crossover • Student Crime Stoppers meeting x2 School Events March: • None Officer Comments March: • March Break – No classes Police Action Taken This Month YTD Total Warnings 0 11 Charges 0 0 Diversions 0 0 Assist Other Officer 0 0 11 Committee Reports None 12 OAPSB None 13  OPP Parking Lot On motion made by Councillor Rosehart, seconded by A. Loker, and carried: IT WAS RESOLVED that the Tillsonburg Police Services Board request information from staff regarding the updates, including start date, to the visitor parking lot at the Tillsonburg Detachment of the OPP, 90 Concession Street East  TPSB Survey Survey will be available on-line only beginning May 1  TPSB 2019 Budget to Council - January 17 On motion made by Mayor Molnar, seconded by G. Horvath, and carried: IT WAS RESOLVED that the budget received November 12 be forwarded through to council.  Council Update Moved from April to May 13, 2019 4 Page 379 of 453 AGENDA ITEM DISCUSSION OUTCOME/ACTION 13 Con’t  Security Camera Registry – Information in Chatham-Kent is given to police on a memory stick. No resources registry.  Community Safety and Wellbeing Plan L. Scanlan listened to the webinar.  PEM Grant/CPP/1000 Officer Grant No information at this point  Safer Ontario Act Will not be until 2020 or 2021 14 Date of Next Meeting Wednesday, May 15, 2019 15 Adjournment On motion made by Councilor Rosehart, the meeting was adjourned at 8:55a.m. __________________________________ __________________________________ Larry Scanlan, Chair Becky Turrill, Secretary 5 Page 380 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4278 A BY-LAW to prohibit graffiti on private property and to require owners and occupiers of the property to remove graffiti in the Town of Tillsonburg. WHEREAS subsection 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 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction; AND WHEREAS sections 8,9 and 10 of the Municipal Act, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public and in particular paragraphs 5,6,8 and 9 of subsection 10 (2) 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 section 128 (2) of the Municipal Act, 2001 that the opinion of Council under section 128, if arrived at in good faith, is not subject to review by any court; AND WHEREAS the Council for the Town of Tillsonburg desires to prohibit or regulate graffiti within the Town of Tillsonburg. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. 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 “Graffiti By-Law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to prohibit and regulate graffiti 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: “COUNCIL” means the Municipal Council of the Corporation of the Town of Tillsonburg. “GRAFFITI” means one or more letters, symbols, depictions, marks, etchings, pictorial representations, messages or slogans, howsoever made, that disfigures or defaces a property, but does not include signs as regulated by the Town’s Sign By-Law, a public notice, or traffic control mark authorized by the Town or County. Page 381 of 453 “LAW ENFORCEMENT OFFICER” means a Police Officer, a Provincial Offences Officer and Municipal Law Enforcement Officer. “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. “PROPERTY” shall mean a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property, real property and personal property. “SIGN BY-LAW” shall mean the Town Sign By-Law regulating authorized signs within the Town, as amended. “TOWN” means the Corporation of the Town of Tillsonburg. SECTION 3 GENERAL PROHIBITONS 3.1 No person shall place or cause or permit graffiti to be placed on any property within the Town of Tillsonburg. 3.2 The owner of any property in the Town of Tillsonburg shall keep their property free of graffiti at all times. SECTION 4 INTERIOR SPACES 4.1 Section 3 does not apply to the interior of any walls of any building that are not visible from a roadway. SECTION 5 ADMINISTRATION 5.1 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 5.2 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. Page 382 of 453 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. 5.3 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 the 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, and/or c) If there are reasonable grounds to believe that the graffiti may incite hatred or violence against any person or identifiable group or contain profane, vulgar or offensive language, an Order may be issued requiring the graffiti to be removed immediately. 5.4 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 5.5 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 6 PENALTIES 6.1 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; Page 383 of 453 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 7 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 8 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 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019 ______________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 384 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4305 A BY-LAW to adopt the Code of Conduct and to Repeal By-Law 3979 WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws regarding Accountability and Transparency of the municipality and its operations and of its local boards and their operations; and WHEREAS Section 223.2(1) of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes municipalities to establish codes of conduct for members of the council of the municipality and of local boards of the municipality; and WHEREAS Section 223.3 (5) of the Municipal Act 2001, S.O. 2001, c.25, as amended, authorizes penalties for a contravention of the code of conduct; and WHERAS the Council of the Corporation of the Town of Tillsonburg on December 14, 2015, passed By-Law 3979 to adopt a Code of Conduct; and WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3979. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Code of Conduct Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Code of Conduct attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. THAT By-Law 3979 shall be repealed in its entirety. 3. AND THAT this by-law comes into full force and effect on the day of passing. Read a First and Second Time this 27th day of May, 2019. Read a Third and Final Time and passed this 27th day of May, 2019. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson Page 385 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG CODE OF CONDUCT Policy Number 2-003 Approval Date December 14, 2015 Revision Date May 27, 2019 Schedules Form A – Disclosure Statement Form B – Formal Complaint Form/Affidavit Policy Statement: Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council (comprising the Mayor, Deputy Mayor and Councillors) are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. Purpose: A Code of Conduct will reinforce the Town of Tillsonburg's Accountability and Transparency Policy and other relevant legislation within which all Members of Council, Local Boards and Advisory Committees must operate. The Code of Conduct serves to enhance public trust and improve the quality of public administration and governance by encouraging high standards of conduct on the part of all government officials, ensuring that those Members share a common standard of integrity through adherence to its principles. Scope: The Code of Conduct is intended to supplement and be compatible with the laws governing the conduct of Members. The key principles include:  Members to whom this Code of Conduct applies shall serve in a conscientious and diligent manner;  Members shall be committed to performing their functions with integrity without using the influence of their office;  Members shall avoid all conflicts of interest;  Members are expected to perform their duties of office and to arrange their private affairs in a manner that promotes public confidence and will bear close legal and public scrutiny;  Members are responsible for making honest statements and shall not make any statement when they know that statement is false, or with the intent to mislead other Members or the public; and,  Members shall serve the public interest by upholding the laws and policies established by the Federal Parliament, Ontario Legislature, and the laws and policies adopted by the Town. Page 386 of 453 Policy 2-003 Page 2 of 17 This Code of Conduct is intended to provide a guideline for elected officials in exercising their policy-making role having regard to the statements and ideals as enunciated hereunder. 1. Definitions In the Code of Conduct, the terms “child”, “parent” and “spouse” have the same meanings as in the Municipal Conflict of Interest Act. "Advisory Committee” or “Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the committee to provide recommendations for Council’s review, including any ad hoc, subcommittee or task force. “Clerk” means the Municipal Clerk for the Corporation of the Town of Tillsonburg. “CAO” means the Chief Administrative Officer for the Corporation of the Town of Tillsonburg. "Code of Conduct" means the “Code of Conduct” for Members of Council, Local Boards and Advisory Committees”. "Complainant" means a person who has filed a complaint under the Code of Conduct. "Complaint" means an alleged contravention of the Code of Conduct submitted to an Integrity Commissioner appointed by the Council of the Town of Tillsonburg. “Council” means the Council of the Town of Tillsonburg. “Integrity Commissioner" means the officer appointed by council pursuant to Section 223.3 of the Municipal Act, 2001. "Immediate relative" shall mean a parent, spouse, child, sister, brother, sister-in-law, brother- in-law, daughter-in-law, son-in-law, father-in-law, mother-in-law as well as step-relationships and half-relationships; spouse shall mean the person to whom a person is married or with whom the person is living in a conjugal relationship outside of marriage; this definition shall also include any other person(s) that are living with the employee on a full-time basis whom the member/employee (appropriate to the document) has demonstrated a settled intention to treat as an immediate relative. "Local Board" shall mean one of the following boards quasi-judicial committees established by the Council:  Downtown Tillsonburg Business Improvement Area (BIA) Board of Management  Property Standards Appeal Committee  Committee of Adjustment “Meeting” means any regular, special or other meetings of council, of a local board or a committee of either of them, where a quorum is present and members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the council, local board or committee. Page 387 of 453 Policy 2-003 Page 3 of 17 "Member of Council" or "Member" means any person duly elected or appointed to serve on the Council of the Town of Tillsonburg, Committee or Local Board. “Town” means The Corporation of the Town of Tillsonburg. Any reference in this Code of Conduct to a statute, regulation, by-law, guideline, policy or other enactment shall be deemed to include any amendment, replacement, successor or consolidation of such statute, regulation, by-law, guideline, policy or other enactment. 2. Statutory Provisions Regulating Conduct This Code of Conduct is meant to supplement existing legislation governing the conduct of Members, including but not limited to:  Municipal Act  Municipal Conflict of Interest Act  Municipal Elections Act  Municipal Freedom of Information and Protection of Privacy Act  Provincial Offences Act  Human Rights Code  Criminal Code  By-laws and policies of Council as adopted and amended from time to time, including but not limited to the Procedural By-law and the Tillsonburg Purchasing Policy. 3. Application This Code of Conduct shall apply to all Members of Council, Local Boards and Advisory Committees. 4. Conduct at Meetings Members shall conduct themselves with decorum at all meetings in accordance with the provisions of the Town’s Procedural By-law or the applicable procedural by-law of that Local Board. Respect for delegations, fellow Members and Staff requires that all Members show courtesy and not distract from the business of the Town during presentations and when other Members have the floor. Use of electronic equipment during meetings should be limited for use/access for meeting purposes. 5. Transparency and Openness in Decision Making Members will conduct and convey Council, Committee or Local Board business in an open and public manner so that the process, logic and rationale which were used to reach conclusions or decisions are available to the stakeholders. 6. Improper Use of Influence No Member shall use the influence of his or her office for any purpose other than for the exercise of his or her official duties. Examples of prohibited conduct are the use of one’s status as a Member to improperly influence the decision of another person to the private advantage of oneself or immediate relative, staff members, friends, or associates, business or otherwise. This includes attempts to secure preferential treatment beyond activities in which Members normally engage on behalf of their Page 388 of 453 Policy 2-003 Page 4 of 17 constituents as part of their official duties. Prohibited conduct also includes the holding out of the prospect or promise of future advantage through a Member’s supposed influence within Council, Committee or the Local Board in return for present actions or inaction. For the purposes of this provision, “private advantage” does not include a matter that: a) is of general application; b) affects a Member, his or her immediate relative, staff members, friends, or associates, business or otherwise as one of a ‘broad class of persons’ (such as taxation which affects residents, owners or tenants of land within the Town as a whole); or c) concerning the remuneration or benefits of a Member as a Member of Council or of a Local Board. 7. Discreditable Conduct All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation. All Members shall ensure that their work environment is utterly free and completely devoid of discrimination, and personal and sexual harassment. The Ontario Human Rights Code applies, as does the Town’s Discrimination and Harassment- Free Workplace Policy which recognize the right of every employee to work in an environment that is free from discrimination and harassment, by the employer, agent of the employer, another employee, or any other person with whom s/he comes into contact in the normal performance of his/her duties. Members shall abide by the provisions of the Human Rights Code, and, in doing so, shall treat every person, including other Members, employees, and individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect. In accordance with the Human Rights Code, Members shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or disability. In accordance with the Human Rights Code, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Without limiting the generality of the foregoing, Members shall not: a) make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or are about; b) display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; c) make threats or engage in any abusive activity or course of conduct towards others; d) vandalize the personal property of others; e) commit assault of any kind, including making unwanted physical contact, including touching, patting, or pinching; or f) refuse to converse or interact with anyone based on any ground listed in the Human Rights Code. 8. Conduct Respecting Staff Members shall acknowledge that only Council or the applicable Local Board as a whole has the authority to approve budget, policy, processes and other such matters unless such authority has Page 389 of 453 Policy 2-003 Page 5 of 17 been delegated. Members shall direct requests outside of Council or Local Board approved budget, process or policy, to the appropriate Committee or Chief Administrative Officer of the Corporation. Under the direction of the Chief Administrative Officer, Staff serve the Council, Committee or the Local Board as a whole, and the combined interests of all Members as evidenced through the decisions of Council, Committee or the Local Board. Members shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any individual Member or faction of the Council, Committee or the Local Board. Accordingly, no Member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all Members shall show respect for the professional capacities of staff. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities. No Member shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity. Members and staff shall be respectful of each other’s time and arrange appropriate opportunities to discuss matters before formal meetings, where possible, which can be included and/or further discussed at the meeting. In practical terms, there are distinct and specialized roles carried out by Council, Committees or the Local Board as a whole and by Members when performing their duties. The key requirements of these roles include dealing with constituents and the general public, participating as Committee Members, and participating as Council representatives on agencies, boards, commissions and other bodies. Similarly, there are distinct and specialized roles expected of Town staff in both the carrying out of their responsibilities and in dealing with the Council or Committee or the Local Board. 9. Communications And Media Relations Members will attempt to accurately and adequately communicate the attitudes and decisions of Council or the Local Board, even if they disagree with a majority decision of Council or the Local Board so that: a) there is respect for the decision making processes of Council or the Local Board; b) official information related to decisions and resolutions made by Council or the Local Board will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor/Chair or designate; c) information concerning adopted policies, procedures and decisions of the Council or the Local Board is conveyed openly and accurately; and d) confidential information will be communicated only when and after determined by Council or the Local Board. 10. Conduct Regarding Current And Prospective Employment No Member shall allow the prospect of his or her future employment by a person or entity to detrimentally affect the performance of his or her duties to the Town or the Local Board. Page 390 of 453 Policy 2-003 Page 6 of 17 11. Confidential Information Confidential information includes information in the possession of, or received in confidence by the Town, Committee or the Local Board that the Town, Committee or the Local Board is either prohibited from disclosing, or is required to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act (referred to as “MFIPPA”), or other legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from third parties that is of a corporate, commercial, scientific or technical nature and is provided expressly or implicitly in confidence, information that is personal, and information that is subject to solicitor-client privilege. The Municipal Act, 2001 allows information concerning personnel, labour relations, litigation, property disposal and acquisition, the security of the property of the municipality or a local board, and matters authorized on other legislation, to remain confidential. For the purposes of the Code of Conduct, “confidential information” also includes this type of information. No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council or the Local Board to do so. Nor shall Members use confidential information for personal or private gain, or for the gain of immediate relatives or any person or corporation. Under the Town’s Procedural By-law, a matter that has been discussed at an in-camera (closed) meeting remains confidential. No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee or the Local Board discusses the information at a meeting that is open to the public or releases the information to the public. The following are examples of the types of information that a Member must keep confidential:  items under litigation, negotiation, or personnel matters;  information that infringes on the rights of others (e.g., sources of complaints where the identity of a complainant is given in confidence);  information deemed to be “personal information” under MFIPPA; and The above list is provided as an example and is not exclusive. Requests for information will be referred to Municipal Clerk to be addressed as either an informal request for access to municipal records, or as a formal request under MFIPPA. Members should not access or attempt to gain access to confidential information in the custody of the Town or the Local Board unless it is necessary for the performance of their duties and not prohibited otherwise. 12. Gifts and Benefits Members shall not accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted by the exceptions listed below. Page 391 of 453 Policy 2-003 Page 7 of 17 For these purposes, a fee, advance, gift or personal benefit provided with the Member’s knowledge to an immediate relative or business that is connected directly or indirectly to the performance of the Member’s duties is deemed to be a gift to that Member. The following are recognized as exceptions: a) compensation authorized by by-law; b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation; c) a political contribution otherwise reported by law, in the case of Members running for office; (i.e. disclosure related to election campaign contributions that are required to be otherwise reported.) d) services provided without compensation by persons volunteering their time; e) a suitable memento of a function honouring the Member; f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the Federal government or by a foreign government within a foreign country, or by a conference, seminar or event where the Member is either speaking or attending in an official capacity; g) food and beverages consumed at banquets, receptions or similar events, if: i. attendance is resultant to protocol or social obligations that accompanies the responsibility of office; ii. the person extending the invitation or a representative of the organization is in attendance; and iii. the value is reasonable and the invitations infrequent; and h) communication to the offices of a Member, including subscriptions to newspapers and periodicals. In the case of categories (b), (e), (f), (g) and (h), if the value of the gift or benefit exceeds $200, or if the total value received from any one source over a twelve (12) month period exceeds $200, the Member shall within thirty (30) days of receipt of the gift or of reaching the annual limit, file a disclosure statement with the Clerk. The disclosure statement (see Schedule A) must indicate: 1) the nature of the gift or benefit; 2) its source and date of receipt; 3) the circumstances under which it was given or received; 4) its estimated value; 5) what the recipient intends to do with the gift; and 6) whether any gift will at any point become the property of the Town. All disclosure statements will be a matter of public record. On receiving a disclosure statement, the Clerk shall make the disclosure statement public. If a member of the public believes the Member has not conformed to the requirements of the Code of Conduct with respect to accepting gifts and benefits, he or she may request the Chief Administrative Officer examine the statement to ascertain whether the receipt of gift or benefit might, in his or her opinion, create a conflict between a private interest and the public duty of the Member. In the event that the Chief Administrative Officer makes that preliminary determination, he or she shall call upon the Member to justify receipt of the gift or benefit. Page 392 of 453 Policy 2-003 Page 8 of 17 Should the Chief Administrative Officer determine that receipt was inappropriate, s/he may direct the Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift or remit the value of any gift or benefit already consumed to the Town. Except in the case of (a), (c) and (f), a Member may not accept a gift or benefit worth in excess of $500 or gifts and benefits from one source during a calendar year worth in excess of $500, unless it falls within the exemption. 13. Use of Town Property, Services and Other Resources Members should not use, or permit the use of Town or Local Board property, land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Town or Local Board. Members are required to follow the provisions of the Municipal Elections Act, 1996 with respect to elections. Members shall not use the property, land, facilities, equipment, supplies, services or other resources of the Town or the Local Board (including but not limited to Councillor newsletters and websites linked through the Town’s website) for any election campaign or campaign-related activities. No Member shall undertake campaign-related activities on Town property during regular working hours unless permitted by Town policy (e.g., all candidates meetings). No Member shall use the services of persons for election-related purposes during hours in which those persons receive any compensation from the Town or the Local Board. 14. Implementation At the beginning of each term, Members will be expected to sign an acknowledgment form to convey to each other and all stakeholders that they have read, understand and accept the Code of Conduct. A Code of Conduct component will be included as part of the orientation workshop for all new Members. Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 15. Complaint Protocol Any individual, organization, Town or Local Board employee, and Member, who has reasonable grounds to believe that a Member has breached a provision of the Code of Conduct, may file an application to the Integrity Commissioner using the Formal Complaint Form. An application may only be made within six weeks after the applicant became aware of the alleged contravention. An application may be made more than six weeks after the applicant became aware of the alleged contravention if both of the following are satisfied: a) The applicant became aware of the alleged contravention within the period of time starting six weeks before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. Page 393 of 453 Policy 2-003 Page 9 of 17 b) The applicant applies to the Commissioner under subsection (2) within six weeks after the day after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996. A complainant does not have to pursue the informal complaint process set out in Section 15.1 prior to proceeding with the formal complaint process set out in Section 15.2. 15.1 Informal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct are encouraged to address his or her concerns in the following manner: a) Advise the Member that their behaviour or activity contravenes the Code of Conduct; b) Encourage the Member to stop the prohibited behaviour or activity; c) If applicable, confirm to the Member his or her satisfaction or dissatisfaction with the Member’s response to the concern identified; d) If not satisfied with the response received through the informal process, an individual may proceed with a formal complaint through the Integrity Commissioner as outlined in Section 15.2. Any individual filing a complaint should keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 15.2 Formal Complaints Any individual who has identified or witnessed behaviour or activity by a Member that appears to be in contravention of the Code of Conduct may address his or her concerns through the formal complaint process set out below: a) all formal complaints must be made using the Complaints Form / Affidavit (see Schedule “B”) and shall be dated and signed by the complainant; b) the complaint must include a concise explanation as to why the issue raised may be a contravention of the Code of Conduct and any and all evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) the Complaint Form/Affidavit must include the name of the Member alleged to have breached the Code of Conduct, the section of the Code of Conduct allegedly contravened, the date, time and location of the alleged contravention and any and all other information as required on the Complaint Form/Affidavit; e) the complaint shall be filed with the Integrity Commissioner who shall confirm that the information is complete as to a), b), c) and d) of this section; f) the Integrity Commissioner will determine whether the matter is, on its face, a complaint with respect to compliance with the Code of Conduct and is not covered by any other applicable legislation or policy; and g) the Integrity Commissioner may, but shall not be obligated, to request additional information from the complainant. Page 394 of 453 Policy 2-003 Page 10 of 17 15.3 Response of Integrity Commissioner of Complaint outside Jurisdiction If the complaint received by the Integrity Commissioner, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: a) Criminal Matter – if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the appropriate police service; b) Municipal Freedom of Information and Protection of Privacy – if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must be referred to the Municipal Clerk for review under statute; and c) Discrimination or Harassment – if the complaint is an allegation of discrimination or harassment, then the complaint should be filed directly with the Human Resources Department. The person will also be advised of his or her right to advance an application to the Ontario Human Rights Tribunal. d) Other Policy Applies – if the complaint seems to fall under another policy, the complainant shall be advised to pursue the matter under such policy. e) Lack of Jurisdiction – if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner, the complainant shall be so advised and provided with any additional reasons and referrals as the Integrity Commissioner considers appropriate. f) Matters Already Pending – if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding related to a Human Rights complaint or similar process, the Integrity Commissioner may, in his/her sole discretion and in accordance with legislation, suspend any investigation pending the result of the other process. If the matter is covered by other policies with a complaint procedure or legislation, the complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner. 15.4 Refusal to Conduct an Investigation If upon review of a complaint, the Integrity Commissioner is of the opinion that the complaint is frivolous, vexatious or not made in good faith, or that there are not sufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this determination in writing to the complainant and the Member identified in the Complaint Form/Affidavit. 15.5 Opportunity for Resolution If at any time, following the receipt of a formal complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be made to achieve an informal resolution. Page 395 of 453 Policy 2-003 Page 11 of 17 15.6 Investigation If the Integrity Commissioner determines that a formal investigation is required s/he shall proceed in the following manner, subject to the Integrity Commissioner’s ability to elect to exercise the powers of a commissioner under ss. 33 and 34 of the Public Inquiries Act, 2009, as contemplated by subsection 223.4(2) of the Municipal Act, 2001, at which time the identity of the person filing the complaint is no longer considered confidential. The Integrity Commissioner shall provide a copy of the complaint, and any supporting materials, to the Member whose conduct is in question, with a request that a written response to the allegation be provided to the Integrity Commissioner within fourteen (14) days. The Integrity Commissioner shall give a copy of the response, provided by the Member, to the complainant, with a request for a written reply within fourteen (14) days. If necessary, after reviewing the submitted materials, the Integrity Commissioner may speak to anyone, access and examine any other documents or electronic materials, and may enter any Town or Local Board work location relevant to the complaint for the purpose of investigation and potential resolution. The Integrity Commissioner may make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation encountered during the investigation. At any time the complainant may abandon the request for an investigation and the Integrity Commissioner will cease his or her investigation. 15.7 Termination of inquiry when regular election begins If the Commissioner has not completed an inquiry before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Commissioner shall terminate the inquiry on that day. If an inquiry is terminated the Commissioner shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the person or entity who made the request or the member or former member whose conduct is concerned makes a written request to the Commissioner that the inquiry be commenced. 15.8 Confidentiality of Complaint Documents The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Town or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001. Advice provided by the Commissioner to a member under paragraph 4, 5 or 6 of subsection 223.3 (1) 5 of the Municipal Act, 2001 may be released with the member’s written consent. If a member releases only part of the advice provided to the member by the Commissioner under paragraph 4, 5 or 6 of subsection 223.3 (1), the Commissioner may release part or all of the advice without obtaining the member’s consent. Page 396 of 453 Policy 2-003 Page 12 of 17 The Commissioner may disclose such information as in the Commissioner’s opinion is necessary, a) for the purposes of a public meeting under subsection 223.4.1 (8); b) in an application to a judge referred to in subsection 223.4.1 (15); or c) in the written reasons given by the Commissioner under subsection 223.4.1 (17). 2017, c. 10, Sched. 1, s. 22. Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal Freedom of Information and Protection of Privacy Act. When the Integrity Commissioner reports to the Council on an investigation into an alleged breach of the Code, the report shall only disclose such information that in the Integrity Commissioner’s opinion is required for the purposes of the report. When the Integrity Commissioner issues an annual or other periodic report to Council on his or her activities, the Integrity Commissioner shall summarize the advice he or she has given, but the report shall not disclose confidential information that could identify a person concerned in the case of informal complaints or those formal complaints that have been dismissed and did not proceed to a formal investigation. 16. Reporting and General Compliance 16.1 Recommendation Report Upon completion of an investigation, the Integrity Commissioner may report to the complainant and the Member on the results of his or her review within ninety (90) days of receiving a complete Complaint Form/Affidavit. If the investigation process is going to take more than ninety (90) days, the Integrity Commissioner shall provide an interim report to the complainant and Member indicating when the complete report will be available. If upon completion of the investigation the Integrity Commissioner finds that a breach of the Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty, as set out in subsection 223.4(5) of the Municipal Act, 2001. The Council may impose either of the following penalties on a Member if a report by the Integrity Commissioner determines that the Member has violated the Code of Conduct: a) A reprimand; or b) A suspension of the remuneration paid to the Member in respect of his or her services as a Member of Council or a Local Board, as the case may be, for a period of up to ninety (90) days. The Integrity Commissioner shall provide the Member who is the subject of the complaint with notice in writing of the proposed finding and any recommended sanction at least ten (10) days prior to the report being provided to the Municipal Clerk. An opportunity to comment shall be provided to the Member on the proposed finding and any recommended sanction prior to the report being published. Page 397 of 453 Policy 2-003 Page 13 of 17 16.2 Annual Report The Integrity Commissioner’s annual report shall consist of: a) All informal and formal complaints dismissed by the Integrity Commissioner; b) All complaints received not within the jurisdiction of the Integrity Commissioner; c) All formal complaints that underwent a formal investigation and conclusions; and d) A cost breakdown with respect to services provided within the reporting year by the Integrity Commissioner. The annual report shall be provided not less than sixty (60) days after December 31 of the calendar year that is being reported. 16.3 Failure to adhere to Council Policies and Procedures A number of the provisions of this Code of Conduct incorporate policies and procedures adopted by Council. More generally, Members are required to observe the terms of all policies and procedures established by Council, as the case may be. However, this provision does not prevent a Member from requesting that Council grant an exemption from a policy, other than this Code of Conduct. 16.4 Reprisals and Obstructions Members should respect the integrity of the Code of Conduct and investigations conducted under it. Any reprisal or threat of reprisal against a complainant or anyone for providing relevant information to the Integrity Commissioner is strictly prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner in the carrying out of his or her responsibilities. 16.5 Duty of Council Council shall consider any report submitted by the Integrity Commissioner within thirty (30) days of it being received by the Municipal Clerk and shall take the action it considers appropriate with regard to the recommendation(s) of the Integrity Commissioner as described in Section 16.1 of the Code of Conduct. 16.6 Acting on Advice of the Integrity Commissioner Any written advice given by the Integrity Commissioner to a Member binds the Integrity Commissioner in any subsequent consideration of the conduct of the Member in the same matter as long as all the relevant facts known to the Member were disclosed to the Integrity Commissioner. 16.7 Integrity Commissioner Vacancy Should the office of Integrity Commissioner be vacant, the Code of Conduct remains in effect and all Members shall continue to abide by the provisions set out therein. When a vacancy occurs, the municipality shall make arrangements for all of the responsibilities of the Integrity Commissioner to be provided by a Commissioner of another municipality. 17. Roles of Integrity Commissioner 1. The application of the code of conduct for members of council and the code of conduct for members of local boards. Page 398 of 453 Policy 2-003 Page 14 of 17 2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of council, members of local boards and the municipality about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1). It shall be noted that if the municipality has not appointed a Commissioner, the municipality shall make arrangements for all of the responsibilities set out above to be provided by a Commissioner of another municipality. 18. Statutes Regulating the Conduct Of Councillors In the case of any inconsistency between this Code of Conduct and a Federal or Provincial statute or regulation, the statute or regulation shall prevail to the extent of the inconsistency. Page 399 of 453 Policy 2-003 Page 15 of 17 Code of Conduct Form A – Disclosure Statement Section 12 of the Code of Conduct regarding the acceptance of gifts and benefits, requires Members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200 or if the total value of gifts and benefits received from one source in a calendar year exceeds $500. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the Clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Source of Gift or Benefit: ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Circumstances under which Gift or Benefit received: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______________________________________________ Intended use of the Gift or Benefit (i.e. will be donated/provided to the Town): ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________________________ Estimates Value of Gift or Benefit: $___________________________ Date Gift or Benefit was received: ____________________________ (MM/DD/YR) ______________________________ _____________________________ Signature of Member Date Page 400 of 453 Policy 2-003 Page 16 of 17 Code of Conduct Form B – Formal Complaint Form/Affidavit I, (please print name)___________________________ of the Town of Tillsonburg, in the Province of Ontario do solemnly swear (affirm and declare) that the following contents of this complaint form as subscribed by me are true and correct: Applicant(s) Name:______________________ Telephone Number: _______________ Applicant(s) Address: ___________________________________________________ Town: __________________________ Province: _________ Postal Code:_________ Email: ________________________________ I have personal knowledge of the facts as set out in this Affidavit form because: (insert reasons e.g. I work for… I attended a meeting at which... etc.) ______________________________________________________________________ I have reasonable and probable grounds to believe that (please print name of Member is question) ____________________________ has contravened section(s) ___________________of the Code of Conduct of the Town of Tillsonburg. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please attach additional pages as required and mark each additional page as 2 of 2, 2 of 3, etc.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Page 401 of 453 Policy 2-003 Page 17 of 17 _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ This affidavit is made for the purpose of requesting that this matter be reviewed by the Town of Tillsonburg appointed Integrity Commissioner and for no other purpose. Sworn (or Affirmed) before me at the Town of Tillsonburg, in the County of Oxford, in the Province of Ontario on ________ day of ____________________, ________. ____________________________ ____________________________ A Commissioner for taking affidavits, etc. Signature of Complainant (to be witnessed by Commissioner) NOTE: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (sections 131, 132) or by summary conviction (section 134). Signing a false affidavit may expose you to prosecution under section 131 and 132 or 134 of the Criminal Code, R.S.C 1985, c. C-46 and also to civil liability for defamation. Page 402 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4306 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend Bylaw 3701, regarding “Pedestrian Crossovers”. BE IT THEREFORE ENACTED by the Council of the Corporation Town of Tillsonburg as follows: 1. THAT Schedule 16 to Bylaw 3701, Section 33 “Pedestrian Crossovers” be amended by adding the crossover as follows: COLUMN 1 COLUMN 2 HIGHWAY LOCATION Broadway 130 m South of Moose Street 2. THAT this amendment to By-Law 3701 is hereby declared to be part of that By-Law as if written therein. 3. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. Read a first and second time this 27th day of MAY, 2019. Read a third time, passed, signed, sealed and numbered 4306 this 27th day of MAY, 2019 MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 403 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4309 A BY-LAW to enter into an Airport Hanger Land Lease Agreement with Karl Szordykowski of Lime Tree Assembly Inc. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease Agreement with Karl Szordykowski of Lime Tree Assembly Inc. for the construction of a 3,600 square foot hanger at the Tillsonburg Regional Airport along existing Taxiway G1 Lot 1. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg. 3. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 27th DAY OF May, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF May, 2019. _____________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 404 of 453 Page 405 of 453 Page 406 of 453 Page 407 of 453 Page 408 of 453 Page 409 of 453 Page 410 of 453 Page 411 of 453 Page 412 of 453 Page 413 of 453 Page 414 of 453 Page 415 of 453 Page 416 of 453 Page 417 of 453 Page 418 of 453 Page 419 of 453 Page 420 of 453 EX. U/G SECONDARY HYDROEX. U/G PRIMARY HYDROEX. U/G HYDROEX. U/G HYDRO EX. U/G HYDROEX. U/G HYDROEX. U/G HYDRO2 7 1 . 0 0 271.00271.25271.25271.25 271.50 271.25271.50271.75EX. HANGAREX. FFE=271.35EX. GRAVELEX. TAXIWAY EX. U/G FUELTANK AREAEX. TAXIWAY G1ASPHALTEX. GRAVELEX. GRAVELEX. GRAVELEX. ASPHALTEX. ASPHALTEX.CONC.EX. CONC.EX. CONC.EX. TAXIWAY G2ASPHALTEX 150mm S T M @ 0 . 6 % EX 150mm STM @ 0 . 5 % EX 150mm STM @ 0.6%EX 150mm STM @ 0.6%EX 150mm STM @ 0.9%OPERATIONS SERVICESENGINEERING DEPARTMENTTOWN OF TILLSONBURG04101:30052(m)15N CONSTRUCTION NORTHPage 421 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4310 A BY-LAW to enter into an Airport Hanger Land Lease Agreement with Dave Hewitt of 1474528 Ontario Inc. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease Agreement with Dave Hewitt of 1474528 Ontario Inc. for the construction of a 3,600 square foot hangar at the Tillsonburg Regional Airport along the recently approved, yet to be constructed, northerly extension of Taxiway G3 Lot 3. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg. 3. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019. _____________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 422 of 453 Page 423 of 453 Page 424 of 453 Page 425 of 453 Page 426 of 453 Page 427 of 453 Page 428 of 453 Page 429 of 453 Page 430 of 453 Page 431 of 453 Page 432 of 453 Page 433 of 453 Page 434 of 453 Page 435 of 453 Page 436 of 453 Page 437 of 453 Page 438 of 453 OPERATIONS SERVICES ENGINEERING DEPARTMENT TOWN OF TILLSONBURG OPERATIONS SERVICES ENGINEERING DEPARTMENT TOWN OF TILLSONBURG EX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.5%EX CB E X 2 0 0mm S T M @ 0 . 5 % EX CB EX 200mm STM @ 0.2%EX 150mm STM @ 0.6%EX 150mm STM @ 0.9%²)²) ²) ²) EX CB EX CBEX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.9%EX CB EX CB EX CB EX CB EX CB EX CB EX CB EX CBEX 150mm STM @ 0.6%EX 150mm STM @ 0.9%E X 1 5 0mm S TM @ 0 . 6 % Page 439 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 4311 A BY-LAW to adopt a Strategic Asset Management Policy for the Town of Tillsonburg. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; AND WHEREAS Section 6 of the Infrastructure for Jobs and Prosperity Act, 2015 as amended, requires municipalities to prepare infrastructure asset management plans that are required by the regulations; AND WHEREAS Ontario Regulation 588/17 Section 3 requires that every municipality shall prepare a strategic asset management policy; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Strategic Asset Management Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Strategic Asset Management Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into full force and effect on the day of passing. Read a First and Second Time this 27th day of May, 2019. Read a Third and Final Time and passed this 27th day of May, 2019. __________________________ Mayor – Stephen Molnar __________________________ Town Clerk – Donna Wilson Page 440 of 453 STRATEGIC ASSET MANAGEMENT POLICY Policy Number 11-004 Approval Date May 27, 2019 Revision Date Schedules Page 1 / 9 Asset Management Policy A. POLICY STATEMENT The Town of Tillsonburg is committed to providing services to residents in a fiscally responsible manner that supports a community that is Connected, Enriched, and Inspired. With this commitment in mind, assets must be managed in a way that allows the Town to achieve its goals, plans and policies. This policy details the principles and general framework for a systematic and coordinated approach to asset management in order to achieve the municipality’s asset management objectives. This policy is intended to establish consistent standards and guidelines for the management of Town assets, applying sound technical, social and economic principles that consider present and future needs of users, and the service levels expected from those assets. This policy also ensures that legislative and regulatory requirements are met. The Town will adopt the ISO 55000 series of standards, and its amendments, as the guiding standards for Asset Management. The Town's Asset Management workflows will comply with all applicable laws and regulations, as well as account for provincial mandates such as Infrastructure for Jobs and Prosperity Act and Climate Change Action Plans. This policy demonstrates an organization-wide commitment to the good stewardship of municipal infrastructure assets, and to improved accountability and transparency to the community through the adoption of best practices regarding asset management planning. B. PURPOSE The purpose of this policy is to govern the practice of asset management within The Town of Tillsonburg. Effective control and governance of assets is essential to realize value through managing risk and opportunity, in order to achieve the desired balance of cost, risk and performance.1 This asset management policy expresses the commitment and intentions of the Town of Tillsonburg to plan, design, construct, acquire, operate, maintain, renew, replace and dispose of corporately owned assets in a way that ensures sound stewardship of public resources while delivering valued customer services. It provides program principles and a framework for asset management practices that enables a coordinated, cost effective and organizationally sustainable approach for the Town of Tillsonburg. As outlined in the IAM’s Asset Management – An Anatomy of an Asset Management System requires many components working cohesively together, as illustrated below. 1 ISO/IEC. (2014). ISO International Standard ISO/IEC 55000:2014(E) – Asset management – Overview, principles and terminology. Geneva, Switzerland: International Organization for Standardization (ISO). Page 441 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 2 / 9 Strategic Asset Management Policy C. SCOPE This policy applies to all municipally owned physical assets. The Town is committed to maintaining and managing assets at defined levels of service to ensure that they meet customer expectations, compliance and legislative requirements by; • Establishing asset management strategies through full lifecycle costing principles • Adopting risk-based decision making processes to minimize the Town’s risk exposure • Developing and enhancing asset management knowledge and competencies to ensure the availability of skill sets required for implementation of asset management programs • Planning for and resourcing the optimum level of maintenance to ensure asset reliability while maximizing asset lifecycle • Financial planning for sustainable long term funding to rehabilitate, replace or dispose of infrastructure assets • Monitoring and evaluating performance of assets and associated programs to track effectiveness Page 442 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 3 / 9 Strategic Asset Management Policy D. BACKGROUND Physical assets in the Town of Tillsonburg are essential to the core services provided and contribute to the quality of life enjoyed by residents of the Town. Assets are critical to ensuring that services are delivered to residents in a safe, reliable and efficient manner, while sustaining a growing community. The Town of Tillsonburg is responsible for a variety of capital assets including: • Linear infrastructure such as roads, bridges, culverts, retaining walls, sidewalks, streetlights, signalized intersections, storm water sewers and storm water management ponds. • Buildings including the community center, fire hall, operations and customer service center, museum and administrative offices. • Land improvements such as sports fields, cemeteries, parking lots, parks and playgrounds. • Vehicles and equipment including fire trucks, snow plow trucks and other specialized equipment. • Natural assets including the urban forest, open spaces and watercourses. E. DEFINITIONS Asset – Anything tangible or intangible that can be owned or controlled to produce value and that is held by the Corporation to produce positive economic value Asset Management (AM) – A systematic process of developing, operating, maintaining, upgrading, and disposing of assets in a cost effective manner Asset Management System – The people, processes, tools and other resources involved in the delivery of asset management Asset Management Plan (AMP) – A tactical plan for managing an individual or groups of assets over their lifecycle, to deliver a desired level of service. It specifies the activities, resources and timescales required to achieve the organization's asset management objectives Corporate Asset Management – The application of asset management principles at a corporate level to ensure consistency among diverse asset groups. It is a coordinated, cost effective and organizationally sustainable approach to maximizing asset service delivery potential, managing related risks and minimizing cost of ownership, while delivering the acceptable levels of service to the public in a sustainable manner and in accordance with regulatory requirements Lifecycle – Stages involved in the life of an asset, from acquisition to disposal Level of Service (LOS) – A commitment to carry out a given action or actions within a specified time frame in response to an event or asset condition. LOS reflects social, political, environmental and economic outcomes that the organization delivers Tangible Capital Asset – Non-financial assets having physical substance that have useful economic lives extending beyond an accounting period, are to be used on a continuing basis, and are not for sale in the ordinary course of operations. Page 443 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 4 / 9 Strategic Asset Management Policy F. POLICY PLANS AND POLICIES SUPPORTED Oxford County Official Plan The Oxford County Official Plan provides the long term guide for growth and development for the entire County and is used to assess the appropriateness of various planning applications. It provides a land use strategy which balances growth and development in residential, industrial and commercial areas with the protection of natural and environmental resources. The land use policies of Official Plan pertaining to the Town of Tillsonburg (Section 8) provide general policy direction and a long-range planning framework for development in the Town of Tillsonburg. The objectives and policies together with the land use designations are intended to define not only the physical development of the Town but also to enhance the social, economic and environmental well-being of the municipality and its residents. Future Oxford Community Sustainability Plan The Future Oxford Community Sustainability Plan (CSP) creates a vision of a sustainable community that balances community, environmental and economic interests. Tillsonburg adopted the CSP in 2016. Tillsonburg’s asset management planning will be informed by the Goals of the CSP Community Strategic Plan The Community Strategic Plan establishes a vision for the future that reflects community ideas and aspirations. The Community Strategic Plan guides priority setting, ensuring that programs and services address the changing needs of the community. The Tillsonburg Community Strategic Plan’s goals and action items are organized according to four Strategic Objectives: Excellence in Local Government • Demonstrate strong leadership in Town initiatives • Streamline communication and effectively collaborate within local government. • Demonstrate accountability 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. 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 444 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 5 / 9 Strategic Asset Management Policy 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 Community Parks, Recreation & Cultural Strategic Master Plan The Community Parks, Recreation & Cultural Strategic Master Plan provides a comprehensive framework articulating the needs and priorities for recreation programs, facilities, culture, parks, sports fields, trails and open space. The recommendations contained within the Master Plan serve as a guide for stakeholders of the parks, recreation and culture system to consider as Tillsonburg grows and evolves over time. Energy Conservation and Demand Management Plan In alignment with the vision and principles of the ECDMP, asset management decisions will be made with the intent to achieve energy conservation through use of technology, construction methods, and intentional operating protocols. Departmental Business Plans The service level and budget set out in the asset management plan are incorporated into department business plans and budgets, goals and performance measures. INFRASTRUCTURE PLANNING PRINCIPLES The key principles outlined in section 3 of the Infrastructure for Jobs and Prosperity Act, 2015 have been summarized into the following four themes that the Town of Tillsonburg will consider when making decisions regarding asset management. Forward Thinking: The Town will take a comprehensive approach to investment planning and decision making that looks at the long-term “big picture” and considers the combined impact of the entire asset lifecycle, while taking into account the needs of its customers, as well as local demographic and economic trends. It will also foster innovation by creating opportunities to make use of innovative technologies, services and practices, particularly where doing so would utilize technology, techniques and practices developed in Ontario. Planning Investment in Infrastructure: The Town is committed to informed infrastructure planning and investment with clearly identified priorities that will ensure the continued provision of core public services while promoting social and economic benefits arising from infrastructure projects that are intended to improve the well-being of the community, such as increasing accessibility for persons with disabilities, improvement of public spaces, economic competitiveness, productivity, local job creation and training opportunities. It will also ensure that Page 445 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 6 / 9 Strategic Asset Management Policy the health and safety of workers involved in the construction and maintenance of infrastructure assets are protected. Transparency: Subject to any restrictions or prohibitions under an Act or other-wise by law on the collection, use or disclosure of information the Town shall make evidence based and transparent infrastructure planning and investment decisions based on information that is either publicly available or is made available to the public. The Town will share information with implications for infrastructure planning with the Government and other broader public sector entities. Environmentally Conscious: The Town recognizes the impact infrastructure may have on the environment and will endeavor to minimize these impacts to help maintain ecological and biological diversity. Infrastructure will be designed to be resilient to the effects of climate change and incorporate the use of acceptable recycled aggregates and LID techniques when appropriate. LAND USE PLANNING FRAMEWORK The Town will align asset management planning with the Province of Ontario’s land-use planning framework, including any relevant policy statements issued under section 3(1) of the Planning Act. Asset management planning will conform with Provincial Plans that are in effect as well as the Oxford County Official Plan as it relates to Tillsonburg. The objective will be to ensure that infrastructure and public service facilities are provide in a coordinated, efficient and cost-effective manner and that planning for infrastructure is integrated with land use planning so that they are financially viable over their lifecycle and available to meet current and projected needs. To accomplish this objective the Town will consult with Oxford County when the Official Plan is being prepared and/or reviewed and the direction established through the Official Plan and any supporting studies, assumptions and data will be referenced in the development of the asset management plan. CLIMATE CHANGE The Town will consider the risks and vulnerabilities of municipal infrastructure assets to climate change and the actions that may be required as part of the risk management approach within asset management planning methods. This approach will balance the potential cost of vulnerabilities to climate change impact and other risks with the cost of reducing these vulnerabilities. A balance will be struck between the levels of service delivered through operations, lifecycle management, maintenance schedules, disaster response plans, contingency funding and capital investments. Asset management planning will encompass a sustainable approach to climate change mitigation strategies and adaptation opportunities. BUDGET PLANNING The Town is committed to the information sharing, planning and budget coordination of connected or interrelated municipal infrastructure assets of joint or separate ownership by pursuing collaborative opportunities with Oxford County and neighbouring municipalities whenever possible and including such opportunities within the Town’s asset management plan and budgeting process. The Town will consult with Oxford County during the preparation of water and wastewater financial plan updates for Tillsonburg by providing up-to-date asset information to help ensure the long-term financial sustainability of these systems. Page 446 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 7 / 9 Strategic Asset Management Policy The Town’s asset management plan will be considered annually during the development of the municipality’s operating and capital budgets through the integration of asset management planning and practices with the municipality’s long-term financial planning and budgeting strategies. This integration will allow each department and service area to generate short-term operating and maintenance needs as well as long-term capital needs to replace and/or renew municipal infrastructure assets based on full lifecycle costing to achieve desired levels of service. To make full use of all available infrastructure financing tools, the Town will incrementally increase the annual contribution from taxation towards asset management by an amount equal to the additional tax revenue received each year through the phased in adjustments to the assessment base as determined by MPAC. This financing strategy will assist in achieving the guidelines set out in the Town’s Reserve Policy and will continue until the level of funding from taxation has reached the strategic threshold determined through asset management planning. CAPITALIZATION THRESHOLDS The policy applies to all assets whose role in service delivery requires deliberate management by the Town. The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purposes of financial reporting. For this reason, assets in the asset management plan are not to be subject to a capitalization threshold, and are to be included based on judgement of whether the asset has value to the overall asset class. The capitalization threshold applied by asset class will be defined in the Tangible Capital Asset Policy. GOVERNANCE STRUCTURE A Corporate Governance Strategy defines asset management roles and responsibilities and enables participants to manage assets in an informed manner using reliable and consistent practices. The figure below illustrates the Asset Management Governance Structure for the Town of Tillsonburg. Asset Management Governance Structure Page 447 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 8 / 9 Strategic Asset Management Policy The development and continuous support of the Town’s asset management program requires organization-wide participation and collaboration from Council and staff over a wide range of duties and responsibilities. Council • Provide input into policy development and policy updates • Approve AM policy and direction of the AM Program • Maintain adequate organizational capacity to support the core practices of the AM program • Prioritize effective stewardship of assets through adoption of ongoing policy review and budgets • Provide input and establish appropriate levels of service and acceptable risk Senior Leadership Team • Review policy and policy updates • Provide Corporate oversight to goals and directions and ensure the AM program aligns with the Municipality’s strategic plan • Ensure that adequate resources are available to implement and maintain core AM practices • Develop and monitor levels of service • Provide departmental staff coordination Asset Management Working Group • Develop policy and policy updates • Provide input into establishing levels of service and monitor key performance indicators for reporting to Senior Leadership Team • Provide support and direction for Corporate AM practices • Track, analyze and report on AM program progress and results to Senior Leadership Team Department Staff • Use the business processes and technology tools developed as part of the AM program • Participate in the implementation of team tasks to carry out AM activities • Provide input into establishing levels of service and monitor key performance indicators • Provide support and direction for AM practices within their department COMMUNITY FOCUS AND ENGAGEMENT Public engagement is a critical component of a strong and healthy municipal government. The Town of Tillsonburg is committed to informing and engaging its citizens through the use of the Town’s Public Engagement Policy. As a Town that is “connected, enriched, and inspired” this policy ensures that citizens and stakeholders have the opportunity to become engaged with the municipal decision- making process through an inclusive, collaborative, mutually meaningful and co-operative relationship. Page 448 of 453 TOWN OF TILLSONBURG Strategic Asset Management Policy Policy Number 11-004 Page 9 / 9 Strategic Asset Management Policy CONTINUOUS IMPROVEMENT The Town will annually review and update, as required, its Strategic Asset Management Policy, and any related policies or strategies, and following any changes in regulatory requirements, or updates to the Strategic Plan. Staff will report to Council on asset management progress on or before July 1 in each year. The annual review must address: • The Town’s progress in implementing its asset management plan; • Any factors impeding the Town’s ability to implement its asset management plan; and • A strategy to address the identified factors. The AMP is a living document. The Town is committed to monitoring the industry and implementing best practices as they evolve. An updated AMP is required at minimum every five years under Ontario Regulation 588/17. The Town intends to update its AMP every four years during the second year of every new term of Council. The Town is committed to updating its asset management data on a continuous basis as new information is received. (i.e. Bridge Needs Study completed every 2 years providing updated conditions). This continuous improvement to data helps ensure that the right capital projects are targeted within each budget cycle. Page 449 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4299 A BY-LAW to provide for the adoption of budgetary estimates, tax rates and to further provide for penalty and interest in default of payment thereof for 2019. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. NOW THEREFORE the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2019, and endorsed by resolution, February 28th, 2019, raising the following amounts from realty taxation be adopted: a) A general municipal levy of $15,718,000 b) A special levy for core area parking of $141,500 c) A special levy for the Business Improvement Area of $136,621 2. That the tax rates hereby adopted for each class for the year 2019, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: ALL PROPERTY CLASSES: FIRST INSTALMENT Thursday, August 22, 2019 SECOND INSTALMENT Thursday, October 24, 2019 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2019 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2019, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Page 450 of 453 Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2019 shall be charged on the first day of each calendar month thereafter in which default continues. 6. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019. _________________________ MAYOR – Stephen Molnar _________________________ TOWN CLERK – Donna Wilson Page 451 of 453 Schedule "A " to By-Law 4299 2019 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00785272 0.00022132 0.00365905 0.00161000 0.01373145 0.00105395 0.01478540 MT MULTI-RESIDENTIAL 0.01644604 0.00046352 0.00771336 0.00161000 0.02708149 0.00230287 0.02938436 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 CT COMMERCIAL 0.01493430 0.00042091 0.00695878 0.01290000 0.03595258 0.00200440 0.00197024 0.03992722 XT COMMERCIAL NEW CONSTRUCTION 0.01493430 0.00042091 0.00695878 0.01030000 0.03335258 0.00200440 0.00197024 0.03732722 CU EXCESS LAND 0.01045401 0.00029464 0.00487114 0.01096500 0.02710180 0.00140308 0.00137916 0.02988404 CX VACANT LAND 0.01045401 0.00029464 0.00487114 0.01096500 0.02710180 0.00140308 0.00137916 0.02988404 XU COM'L NEW CONST. - EXCESS LAND 0.01045401 0.00029464 0.00487114 0.00875500 0.02489180 0.02489180 IT INDUSTRIAL 0.02065265 0.00058208 0.00962330 0.01290000 0.04477942 0.04477942 JT INDUSTRIAL NEW CONSTRUCTION 0.02065265 0.00058208 0.00962330 0.01030000 0.04217942 0.04217942 IU EXCESS LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 IX VACANT LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 LT LARGE INDUSTRIAL 0.02065265 0.00058208 0.00962330 0.01290000 0.04477942 0.04477942 LU EXCESS LAND 0.01342422 0.00037835 0.00625514 0.01064250 0.03136411 0.03136411 PT PIPELINES 0.00988892 0.00027871 0.00460785 0.01012345 0.02538799 0.02538799 FT FARMLAND 0.00184539 0.00005201 0.00085987 0.00040250 0.00325103 0.00325103 R1 FARMLAND DEV PH 1 0.00353372 0.00009960 0.00164657 0.00072450 0.00617915 0.00617915 GT PARKING LOT 0.01493430 0.00042091 0.00695878 0.01290000 0.03595258 0.03595258 Page 452 of 453 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4308 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 27th day of May, 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 May 27, 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 27th DAY OF MAY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF MAY, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 453 of 453