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190708 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, July 8, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Meeting of Monday, July 8, 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 #2 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council Meetings of June 24, 2019 and June 25, 2019, be approved. 7.Presentations 8.Public Meetings 8.1 Zone Change Application ZN 7-19-09, 25 Spruce Street (Madlen and Lena Isaacs) Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application submitted by Madlen Isaacs, whereby the lands described as Part Lot 1617, 1638, Plan 500, Part 1 of Plan 41R- 1662, & 41R-1932 in the Town of Tillsonburg, known municipally as 25 Spruce Street, are to be rezoned from ‘General Industrial Zone (MG)’ to ‘Special General Industrial Zone (MG-sp)’ to allow for the development of additional service commercial-oriented uses within an existing industrial mall. Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at _________pm. 8.2 Application for Minor Variance A08-19, 80 Brock Street East (Arend Tenhove) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ That the Town of Tillsonburg Committee of Adjustment approve Application File A- 08/19, submitted by 952666 Ontario Limited, for lands described as Lot 1263, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 7 spaces (1 per 20 m2 of gross floor area) to nil spaces to facilitate an expansion to an existing office building; Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg. Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____________pm. 9.Planning Applications 9.1 CLK 19-19 Memorandum (A05-19) Proposed Resolution #7 Page 2 of 376 Moved By: ________________ Seconded By: ________________ THAT Council receive CLK 19-19 Memorandum, as information. 9.2 Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approves Application File A05-19, submitted by Roy and Nancy Gardner, for lands described as Lot 88, Plan M-59, municipally known as 26 Thomas Avenue, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum lot coverage allowance for residential accessory buildings from 50 m2 (538.2 ft2) to 50.1 m2 (539.27 ft2), and; 2. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum height allowance for a residential accessory building from 3.7 m (12.1 ft) to 4.19 m (13.75 ft), Subject to the condition that the portion of the driveway within the existing road allowance be paved with a solid surface, to the satisfaction of the Town Building Services Department. 10.Delegations 10.1 Business Improvement Area Board of Management Update Presented by: Mark Renaud, BIA Executive Director Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receive the Business Improvement Area Board of Management Update, as information. 10.2 Heritage Permit Application (83 Rolph Street) Presented by: Andrew Teeple, Athon Construction and Development Corporation Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receive the delegation regarding the Heritage Permit Application for 83 Rolph Street, as information; Page 3 of 376 AND THAT this information be referred to item 13.2.1 CLK 19-18, for consideration. 10.3 Tillsonburg Cemetery (Plant Holder) Presented by: Les Lonsbary Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receive the delegation regarding the Tillsonburg Cemetery, as information; AND THAT this information be referred to item 11.1. RCP 19-33. 10.4 Turtlefest Committee Request for Funds Suzanne Fleet, Festival Director, Turtlefest Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receive the delegation regarding Turtlefest, as information. 11.Deputation(s) on Committee Reports 11.1 RCP 19-33 Cemetery By-Law 3640 Violation Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Report RCP 19-33 Cemetery By-Law 3640 Violation be received; AND THAT Council support the recommendation from the Parks, Beautification & Cemetery Advisory Committee to adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. 12.Information Items 12.1 Correspondence - Ministry of the Solicitor General Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receive the correspondence from the Ministry of the Solicitor General regarding the Town of Tillsonburg's Emergency Management and Civil Protection Page 4 of 376 Act (EMCPA) results for 2018, as information. 12.2 Oxford County - Notice of Passing of Development Charges By-Law Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receive the correspondence from the County of Oxford, as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-18 Application for Alteration of Property (83 Rolph Street) Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receive report CLK 19-18 Application for Alteration of Property (83 Rolph Street), as information; AND THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). 13.3 Development and Communication Services 13.3.1 DCS 19-17 Community Improvement Plan Application - 95 Spruce St Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receive Report DCS 19-17 Community Improvement Plan Application – 95 Spruce St; AND THAT the 95 Spruce Street property be approved for $100,000 in funding through the Town’s Community Improvement Plan to encourage redevelopment of the property subject to a funding agreement being brought back to Council for consideration; AND THAT funding be provided through the Tax Rate Stabilization Page 5 of 376 Reserve. 13.3.2 DCS 19-18 Downtown Retail Gap Analysis Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receive Report DCS 19-18 Downtown Retail Gap Analysis; AND THAT the Retail Gap Analysis for the Downtown be approved in principle to guide future downtown marketing and business attraction initiatives in partnership with the Business Improvement Association. 13.3.3 DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receive Report DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp; AND THAT By-Law 4325 to enter into a Municipal Access Agreement with North Frontenac Telephone Elgin Corp to enable them to expand their network services in the Town of Tillsonburg be brought forward for Council consideration. 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 19-33 Results for Tender RFT 2019- 012 Concession Street West Reconstruction; AND THAT Council award Tender RFT 2019-012 to Euro Ex Construction of Woodstock, ON at a cost of $1,780,948.06 (net HST included), the lowest bid received satisfying all Tender requirements; Page 6 of 376 AND THAT Council approves an additional use of DC Reserves in the amount of $39,276 towards this project; AND FURTHER THAT Council authorize the use of Gas Tax Reserves to fund the remaining $6,288 in project costs. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-32 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-32 – February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni; AND THAT Council approves a February 15, 2020 F.A.R.E. Fundraiser featuring the Toronto Maple Leafs Alumni. 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT Council receives the Museum Advisory Committee Minutes dated May 30, 2019, Parks, Beautification and Cemetery Advisory Committee Minutes dated June 6, 2019, the Cultural, Heritage and Special Awards Advisory Committee Minutes dated June 20, 2019, and the Recreation and Sports Advisory Committee Minutes Date June 26, 2019, as information. 15.2 Long Point Region Conservation Authority Board of Directors Minutes Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receive the Long Point Region Conservation Authority Board of Directors Minutes dated June 5, 2019, as information. 16.Motions/Notice of Motions Page 7 of 376 16.1 Notice of Motion for which Previous Notice was Given Proposed Resolution #24 Moved By: Councillor Gilvesy Seconded By: ________________ THAT staff investigate and report back to council as part of the aquatics report information on the renovation of the Ingersoll indoor pool which would include cost and scope of project, architect and any other information that may be deemed appropriate as to provide council with a comparative project based in a similar sized municipality 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-09) 18.2 By-Law 4325, Municipal Access Agreement Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-09), and By-Law 4325, Municipal Access Agreement, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Confirm Proceedings By-law Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT By-Law 4324 to Confirm the Proceedings of the Council Meeting held on Monday, July 8, 2019 be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Items of Public Interest 21.Adjournment Proposed Resolution #27 Moved By: ________________ Page 8 of 376 Seconded By: ________________ THAT the Council Meeting of Monday, July 8, 2019 be adjourned at ______ p.m. Page 9 of 376 1 MINUTES Monday, June 24, 2019 6:00 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 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council Meeting of Monday, June 24, 2019 be adopted. Carried Page 10 of 376 2 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Minutes of the Council Meeting of June 13, 2019 be approved. Carried 7. Presentations 8. Public Meetings Resolution # 3 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04pm. Carried 8.1 Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-187, File A05-19. Copies of additional comments received were provided by the Planner. Opportunity was given for comments and questions from Council. Roy Gardner, applicant, appeared before Council and spoke in favour of the application. Greg Tribble, 17 Thomas Avenue, appeared before Council in opposition to the application. His concerns were that the proposed building is too large, blocking views and taking up green space, that it may set a precedent of allowing a second driveway, the proposed driveway would be Page 11 of 376 3 closer to the fire hydrant than the existing driveway, and it would be gravel. Mr. Tribble also referred to an agreement between the developer and the original owner of the property. The Planner advised that the agreement does not change the planning recommendation. No other members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Committee of Adjustment defers the Decision of Application File A05-19, submitted by Roy and Nancy Gardner, for lands described as Lot 88, Plan M-59, municipally known as 26 Thomas Avenue, Town of Tillsonburg, until July 8, 2019. Carried 8.2 Application for Minor Variance A06-19 (Brierwood Contracting Ltd.) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-198, File A06-19. Opportunity was given for comments and questions from Council. The applicant was not in attendance. Rick Parrott, 23 Hillyndale Road, appeared before Council noting erosion concerns if the tree line was to be removed, as his property is lower. He also noted concerns regarding grading and drainage. No other members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 5 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani Page 12 of 376 4 THAT the Committee of Adjustment approves Application File A06-19, submitted by Brierwood Contracting Ltd. (Steve Wilson), for lands described as Lot 3, Plan 986, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1) Exterior Side Yard Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.5 m (14.7 ft) to facilitate the construction of a single detached dwelling with an attached garage, subject to the condition that a building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. Carried 8.3 Application for Permission A07-19, 76 Vienna Road (Michael Decloet) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of County Report 2019-200, File A07-19. Opportunity was given for comments and questions from Council. Michael Decloet, the applicant, was in attendance and appeared before Council in support 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 # 6 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Committee of Adjustment approves Application File A07-19, submitted by Michael Decloet, for lands described as Part Lot 1633, Plan 500, municipally known as 76 Vienna Road, Town of Tillsonburg, as it relates to: 1. Permission to replace an existing legal non-conforming residential accessory building on the subject lands, to a maximum of 97.5 m2 (1,050 ft2), Subject to the following conditions: i. A building permit for the proposed accessory structure shall be issued within one year of the date of the Committee's decision. Page 13 of 376 5 ii. The existing accessory structure on the subject lands be removed, to the satisfaction of the Town Chief Building Official. Carried Resolution # 7 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:55pm. Carried 8.4 Application for Zone Change ZN 7-19-08, 19 Lyndale Road (Broadway Estates Ltd.) Heather St.Clair, County of Oxford Planner, appeared before Council and provided an overview of Report CP 2019-194, in regards to Application for Zone Change ZN 7-19-08. Opportunity was given for comments and questions from Council. No members of the public appeared before Council either in support of, or opposition to, the application. Council passed the following resolution. Resolution # 8 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council approves the zone change application submitted by Broadway Estates Inc., whereby the lands described as Part 1, Plan 41R- 9642 and Lot 66, Plan 41M-218, municipally known as 19 Lyndale Road, be rezoned to ‘Low Density Residential – Type 1 Zone (R1) to facilitate the development of one new single detached dwelling per lot. Carried 9. Planning Applications 10. Delegations 10.1 Grasscutting and Trimming Contract for Zone 1 Page 14 of 376 6 Robert Thornton, Nature's Choice Lawn Care and Irrigation, appeared as a Delegation before Council, expressing his concerns regarding clarification of the grasscutting and trimming contract with the Town. Mr.Thornton provided photos and information, supporting his concerns and clarification in Zones 1 and 5 of the contracts, as well as with the Dog Park. Resolution # 9 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Delegation - Nature's Choice Lawn Care and Irrigation, in regards to the grasscutting and trimming contract for Zone 1, be received as information. Carried 11. Deputation(s) on Committee Reports 11.1 Joint Committee Report – Tillsonburg Aquatic Facilities Mr. Eugene Todd, Chair, Recreation & Sport Advisory Committee, appeared before Council and provided an overview of Report 19-28 Joint Committee Report - Tillsonburg Aquatic Facilities. Resolution # 10 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report RCP 19-28 Joint Committee Report – Tillsonburg Aquatic Facilities, as information; AND THAT Council refer the Committee Recommendations to Staff for consideration. Carried 12. Information Items 13. Mayor Reports 13.1 MYR 19-08 Oxford County Update Page 15 of 376 7 Resolution # 11 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report MYR 19-08 Oxford County Update, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 19-17 To Appoint Municipal Trustees Resolution # 12 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report CLK 19-17 To Appoint Municipal Trustees; AND THAT By-Law 4322 To Appoint Municipal Trustees be brought forward for Council consideration. Carried 14.3 Development and Communication Services 14.4 Finance 14.5 Fire and Emergency Services 14.6 Operations 14.6.1 OPS 19-29 Airport Hanger Land Lease Taxiway G1 Lot 2 Resolution # 13 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report OPS 19-29 Airport Hanger Land Lease Agreement Taxiway G1 Lot 2; Page 16 of 376 8 AND THAT By-Law 4320 to authorize the Airport Hanger Land Lease Agreement with Jeff Howe be brought forward for Council consideration. Carried 14.6.2 OPS 19-30 Airport Hanger Land Lease Taxiway G1 Lot 3 Resolution # 14 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report OPS 19-30 Airport Hanger Land Lease Agreement Taxiway G1 Lot 3; AND THAT By-Law 4321 to authorize the Airport Hanger Land Lease Agreement with Ernest West be brought forward for Council consideration. Carried 14.6.3 OPS 19-31 Results for RFP 2019-007 Transit Consulting Services Resolution # 15 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 19-31 Results for RFP 2019- 007 Transit Consulting Services; AND THAT Council awards RFP 2019-007 to IBI Group of Toronto, ON at a cost of $127,925.55 (net HST included), the highest scoring proposal received. Carried 14.6.4 OPS 19-32 Results for RFP 2019-005 Airport Feasibility Analysis Resolution # 16 Moved By: Councillor Luciani Seconded By: Councillor Esseltine Page 17 of 376 9 THAT Council receives Report OPS 19-32 Results for RFP 2019- 005 Airport Feasibility Analysis; AND THAT Council awards RFP 2019-005 to HR Aero Aviation Consulting of Ottawa, ON at a cost of $28,167.17 (net HST included), the highest scoring proposal received. Carried 14.7 Recreation, Culture & Park Services 14.7.1 RCP 19-25 Summer Place Demolition Costs and Alternatives Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 19-25 – Summer Place Demolition Costs and Alternatives; AND THAT Council directs staff to proceed with Option C as identified in this Report. Carried 14.7.2 RCP 19-26 Memorial Park Parking Expansion Resolution # 18 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 19-26 Memorial Park Parking Expansion; AND THAT Council directs staff to issue the tender for the expanded parking project as outlined in Report RCP 19-26. Carried 14.7.3 RCP 19-27 Aquatic Facility Needs and Concepts Update Resolution # 19 Moved By: Councillor Gilvesy Seconded By: Councillor Parker Page 18 of 376 10 THAT Council receives Report RCP 19-27 Aquatics Facility Needs and Concepts Update, for information. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee Minutes dated June 5, 2019, the Accessibility Advisory Committee Minutes dated June 11, 2019, the Economic Development Advisory Committee Minutes dated June 11, 2019, and the Transit Advisory Committee Minutes dated June 18, 2019, as information. Carried 16.2 Business Improvement Area Board of Management Minutes Resolution # 21 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the B.I.A. Board of Management Minutes dated May 23, 2019, as information. Carried 17. Motions/Notice of Motions 17.1 Notice of Motions for Which Notice was Previously Given Resolution # 22 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council adopts the resolution that was passed by the Memorial Park Revitalization committee and the Recreation and Sport committee at their joint meeting in regards to Hardball #1 diamond and; Page 19 of 376 11 THAT the Memorial Park Master Plan be amended to keep the orientation of Hardball #1 in its current location. Carried 17.2 Notice of Motion - Beautification Project, Signage, Memorial Plaque - Dog Park Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the beautification project, signage, and the Memorial Plaque be completed at the Dave Johnson Memorial Dog Park by July 5, 2019; AND THAT the work be funded from reserves designated for the dog park. Carried 17.3 Notice of Motion - Installation of Water - Dog Park Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Staff provide a report regarding the status of water and the proposed implementation date for installation at the Dave Johnson Memorial Dog Park. Page 20 of 376 12 Carried 17.4 Notice of Motion - Dog Park Advisory Committee Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council authorize the following motion to be dealt with at tonight's meeting with a 2/3 vote of Council in accordance with Section 6.10 (3). Carried Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT a Dog Park Advisory Committee be formed; AND THAT Staff provide a terms of reference for a dog park committee at the August council meeting for Council's consideration. Carried 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 4317, To Amend Zoning By-Law 3295 (ZN 7-19-08, 19 Lyndale Road, Broadway Estates) 19.2 By-Law 4320, To Authorize Airport Hangar Land Lease Agreement (Howe) 19.3 By-Law 4321, To Authorize Airport Hangar Land Lease Agreement (West) 19.4 By-Law 4322, To Appoint Municipal Trustees Resolution # 23 Moved By: Councillor Gilvesy Seconded By: Councillor Esseltine THAT By-Law 4317, to Amend Zoning By-Law 3295 (ZN 7-19-08, Broadway Estates Inc.) By-Law 4320, to Authorize Airport Hangar Land Lease Agreement (Howe), and Page 21 of 376 13 By-Law 4321, to Authorize Airport Hangar Land Lease Agreement (West), and By-Law 4322, to Appoint Municipal Trustees, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Confirm Proceedings By-law Resolution # 24 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 4318 to Confirm the Proceedings of the Council Meeting held on June 24, 2019 be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest A yard sale to raise funds for a future Splash Pad is scheduled for June 28 and 29 at Zehrs, 7:00am-6:00pm both days. Contact Judy at 226-231-1264 to arrange for pick-up of donations. Music on the Lawn is back for the season, with events scheduled on Sunday evenings from now until August 25, on the lawn at Annandale NHS. For information and a list of performances, visit the Town's website www.tillsonburg.ca or call 519-842-2294. Appreciation was extended to the volunteers and sponsors of this year's Turtlefest event. A Schedule of Canada Day Activities can be found on the Town's website www.tillsonburg.ca, facebook and in the Tillsonburg News. Tillsonburg Non-Profit Housing Association is hosting an Open House Wednesday, June 26, 2:00 - 5:00pm., at the Sanders Street Seniors Residence. The 2019 Citizen of the Year Event, recognizing Diane Patenaude, is scheduled for Tuesday, June 25 at 6:00pm at the Carriage Hall. Doors open at 5:30. Everyone is welcome to attend. Page 22 of 376 14 Anyone interested in having their home designated under the Century Plaque Program is encouraged to contact the Clerk's Office. 22. Adjournment Resolution # 25 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Monday, June 24, 2019 be adjourned at 9:20 p.m. Carried Page 23 of 376 1 MINUTES Tuesday, June 25, 2019 12:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Regrets: Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 12:00 P.M. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Gilvesy Seconded By: Deputy Mayor Beres THAT the Agenda as prepared for the Council meeting of Tuesday, June 25, 2019 , be adopted. Carried 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Shareholder Meeting Page 24 of 376 2 5.1 Tillsonburg Hydro Inc. Annual General Meeting Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move into the Annual General Meeting of the Shareholder of Tillsonburg Hydro Inc. Carried 6. Motions/Notice of Motions 7. By-Laws 7.1 By-Law 4319, To Confirm the Proceedings of the Council Meeting of June 25, 2019 Resolution # 3 Moved By: Deputy Mayor Beres Seconded By: Councillor Gilvesy THAT By-Law 4319 to Confirm the Proceedings of the Council Meeting of June 25, 2019, be read for a first, second and third and final reading and that the Mayor and Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 8. Adjournment Ian McKenzie, GM of THI introduced Don Matthews, Manager of Operations & Design Resolution # 4 Moved By: Councillor Gilvesy Seconded By: Deputy Mayor Beres THAT the Council Meeting of Tuesday, June 25, 2019 be adjourned at 12:17 p.m. Carried Page 25 of 376 Page 1 of 7 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-19-09 – Isaacs REPORT HIGHLIGHTS  The application for rezoning has been requested to permit a building supply store and yard, furniture and home appliance sales and service establishment, household power equipment sales and service establishment, retail liquidation outlet, service shop, and upholstery shop as additional permitted uses within the existing industrial mall on the lands.  Planning staff are recommending approval of the application as it is consistent with the policies of the Provincial Policy Statement and the Official Plan respecting redevelopment of existing industrial buildings in established industrial areas that are located in proximity to existing residential areas. DISCUSSION Background OWNER: Madlen Isaacs 1090 Augustus Drive, Burlington ON L7S 2L2 APPLICANT: Lena Isaacs 1090 Augustus Drive, Burlington ON L7S 2L2 LOCATION: The subject lands are described as Lots 1617 & 1638, Plan 500, and Part 1 of 41R-1662 & Part 1 of 41R-1932 in Tillsonburg. The lands are located on the south side of Spruce Street, east of Vienna Road and north of Highway 3 in the Town of Tillsonburg and are municipally known as 25 Spruce Street, Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Industrial Page 26 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 2 of 7 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: General Industrial Zone (MG) Proposed Zoning: Special General Industrial Zone (MG-sp) PROPOSAL: The purpose of the application is to rezone the subject lands to include a building supply store and yard, furniture and home appliance sales and service establishment, household power equipment sales and service establishment, a retail liquidation outlet, a service shop, and an upholstery shop as additional permitted uses within the existing industrial building on the subject lands. The subject lands are approximately 1.2 ha (2.9 ac) in size, and contain an existing industrial mall (circ. 1980) with an approximate floor area of 2787 m2 (30000 ft2). The industrial mall is divided into 11 units, ranging in size from 223 m2 (2400 ft2) to 836 m2 (9000 ft2). The tenant spaces in the industrial mall are currently vacant, save for Rick’s Carpet. Surrounding land uses are predominately industrial, with residential uses fronting on Vienna Road and Young Street. 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 industrial mall. Plate 4, Existing Industrial Mall, shows the dimensions, unit sizes and layout of the industrial mall. 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 1.3 of the PPS provides that planning authorities shall promote economic development and competitiveness by: • providing for an appropriate mix and range of employment (including industrial, commercial, and institutional uses) to meet long-term needs; • providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of Page 27 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 3 of 7 economic activities and ancillary uses, and take into account the needs of existing and future businesses; • planning for, protecting and preserving employment areas for current and future uses; • ensuring the necessary infrastructure is provided to support current and projected needs. For the purposes of provincial policy, the subject lands are considered employment lands. OFFICIAL PLAN: The subject lands are designated ‘Industrial’ according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. The policies of Section 8.3.5.2 of the Official Plan - Established Industrial Uses, are relevant to this application and apply to established industrial areas that are located in proximity to existing residential areas. The policies of this section provide that in order to recognize the historic development on these industrial areas and their importance to employment, Town Council:  may recognize such uses in the Zoning By-law and permit such uses to expand;  may protect such industry from the encroachment of additional non-industrial uses which are incompatible with industrial activity and may protect such industrial areas which can provide locational opportunities for small “incubator” industries and businesses by special zoning in the Zoning By-law;  will consider the re-use or redevelopment of existing industrial buildings or sites, through site specific zoning or a functional zoning category in the Zoning By-law, for limited service commercial uses directly supportive of and primarily serving business and industry such as automated teller machines or kiosks, education or training facilities, restaurants, office supply and equipment sales, rental and service establishments, computer, electronics or data processing services, photocopying, blueprinting and courier services;  will consider the re-use or redevelopment of existing industrial buildings, through site specific zoning or a functional zoning category in the Zoning By-law, for limited service commercial uses serving the broader public which are complementary to the principal industrial function such as a warehouse outlet, commercial storage units, food catering services, veterinary clinics or an automobile supply store. Section 10.3.5 of the Official Plan provides policy guidance for the recognition of non- conforming uses in the Zoning By-law. The policies provide that although it is the general intent of the plan that the long-term use of land conform with the objectives and policies of the Plan, a legally established land use may be recognized as a permitted use in the Zoning By-law provided that Town Council is of the opinion that: • the use does not involve hazardous activities or substances; • the use does not contribute to air, water, or land pollution problems; • the use can or has achieved an acceptable measure of compatibility with adjacent uses, is not associated with any building deterioration or lack of property maintenance, does not generate traffic that threatens the safety of the surrounding area, and does not interfere with the development of conforming uses in the surrounding area; • the long-term continuation and any potential expansion of use will not detract from the general intent of the Official Plan; • recognition of the use is not likely to result in proposals to amend the Plan to allow similar types of uses. Page 28 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 4 of 7 TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is zoned ‘General Industrial (MG’) in the Town of Tillsonburg Zoning By-Law No. 3295. The applicant is requesting that the zoning be amended to allow for the following additional permitted uses on the property on a site specific basis within the General Industrial zone: (the current Zoning By-law definition is included in italics) • building supply store and yard; • furniture and home appliance sales and service establishment; • household power equipment sales and service establishment; • retail liquidation outlet; • service shop (a building or part of a building not otherwise defined or classified herein for the servicing, repairing and renting of articles, goods or materials) • upholstery shop. Planning staff note that the proposed additional permitted uses, with the exception of a retail liquidation outlet, are permitted uses within the Service Commercial (SC) zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Building Services Department indicated that there are a number of legal non- conforming uses within the existing industrial mall, including Rick’s Carpet. The Building Services Department has no concerns with the proposed zone change. The Town of Tillsonburg Engineering Services Department, Oxford County Public Works Department, Tillsonburg District Chamber of Commerce, and Ontario Ministry of Transportation have indicated they have no comment with respect to this application. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on June 6, 2019 and June 21, 2019 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments have been received from the public. Planning Analysis As noted, this proposed application seeks to amend the zoning of the subject property to add a number of additional permitted uses on a site specific basis within the General Industrial Zone. Planning staff are satisfied that this application complies with the PPS policies and direction respecting the protection of employment lands and providing opportunities for a diversified economic base as the proposed uses are generally commercial and industrial in nature. Section 8.3.5.2 of the Official Plan provides flexibility for existing established industrial uses which are located in proximity to existing residential areas that may cause nuisance effects on adjacent residential areas. These policies encourage Town Council to protect industry from the encroachment of additional non-industrial uses which are incompatible with industrial activity and Page 29 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 5 of 7 also allow Town Council to consider the redevelopment of existing industrial sites through site specific zoning for limited service commercial uses directly supportive of and primarily serving business and industry, and for limited service commercial uses serving the broader public which are complementary to the principal industrial function of the property. Under the non-conforming uses policies of Section 10.3.5, Town Council can recognize existing legal non-conforming uses provided they satisfy the criteria respecting hazardous substances, pollution, compatibility, and that they maintain the general intent of the Official Plan and they are not likely to result in proposals to amend the Official Plan to allow similar types of uses. Having reviewed the proposed uses with the above noted policies of the Official Plan, Planning staff are of the opinion that the proposed uses generally comply with these policies. The existing industrial mall does not readily accommodate many industrial uses that are permitted by the current zoning. The additional permitted uses are unlikely to involve any hazardous activities or substances, contribute or cause any pollution problems, and are compatible with the surrounding industrial area and residential area. The uses are not expected to interfere with the development and continuation of surrounding conforming uses and many of these uses are permitted within Service Commercial areas. It is the opinion of Planning Staff that these uses do not detract from the general intent of the Official Plan to preserve employment areas. The noted uses will allow for additional service-commercial type development within an existing industrial mall and will recognize many uses that have historically occurred on the property. In light of the foregoing, this Office is satisfied that the applicant’s proposal to rezone the subject lands to include a building supply store and yard, furniture and home appliance sales and service establishment, household power equipment sales and service establishment, a retail liquidation outlet, a service shop, and an upholstery shop as additional permitted uses within the existing industrial mall 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 the zone change application submitted by Madlen Isaacs, whereby the lands described as Part Lot 1617, 1638, Plan 500, Part 1 of Plan 41R-1662, & 41R-1932 in the Town of Tillsonburg, known municipally as 25 Spruce Street, are to be rezoned from ‘General Industrial Zone (MG)’ to ‘Special General Industrial Zone (MG-sp)’ to allow for the development of additional service commercial-oriented uses within an existing industrial mall. Page 30 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 6 of 7 SIGNATURES Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon Hough, RPP Director Page 31 of 376 Report No: CP 2019-213 COMMUNITY PLANNING Council Date: July 8, 2019 Page 7 of 7 Report Approval Details Document Title: ZN 7-19-09_ Report.docx Attachments: - Report Attachments.pdf - 7-19-09_appl-20190516.pdf Final Approval Date: Jul 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 2, 2019 - 9:17 AM Page 32 of 376 May 29, 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 2550 Notes NAD_1983_UTM_Zone_17N 128 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 7-19-09 - Isaacs Part Lots 1617 & 1638, Plan 500 & Part 1 on Plans 41R-1662 & 41R-1932, 25 Spruce Street, Town of Tillsonburg Spruce Street Subject Lands Town Line Road Vienna Road Page 33 of 376 May 29, 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 640 Notes NAD_1983_UTM_Zone_17N 32 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Subject Lands Plate 2: Close-up of Subject Lands (2015 Air Photo) File No. ZN 7-19-09 - Isaacs Part Lots 1617 & 1638, Plan 500 & Part 1 on Plans 41R-1662 & 41R-1932, 25 Spruce Street, Town of Tillsonburg Page 34 of 376 \ ·. \ If) a':> zcr: X \631 0 I~ 119.53 • a •~ _, / .. .. / PAHI 265.86' '375.39' ?i'o.d 0 r ~ <( a:: >X >-0 ::c l9 ::Cro N ' 5 0 (' MEAS. a 41 ~ R·IIBG: N74ot5'w MEAS: 146,9'3' 41R· ~ 322 = 14 7.00' J 1/) !I} j f ~~ _..., 0 1- p,,,..,-r ,.. r\f\ ::; lNS"i". j 1- PLJ..\N o -1 NO. ,. Plate 3: Applicant's Sketch File No. ZN 7-19-09 - Isaacs Part Lots 1617 & 1638, Plan 500 & Part 1 on Plans 41R-1662 & 41R-1932, 25 Spruce Street, Town of Tillsonburg Page 35 of 376 ' l I l l l -z_-.:::;> •'1 .12..--CA..~ JL-v---. c.l~ Q. .• -v~ -\:::-o \::> S4-~ ~\~~\.-.:>La__ ~ _Q_. r\~ )-..Q.._ \[J\~ ') o-\\ \) \ c-?-c--. ~"--""'-~ ~ \ ·~ \\ . Plate 4: Existing Industrial Mall File No. ZN 7-19-09 - Isaacs Part Lots 1617 & 1638, Plan 500 & Part 1 on Plans 41R-1662 & 41R-1932, 25 Spruce Street, Town of Tillsonburg Page 36 of 376 FD.£ No: 2 N =t -I q -0 a, DATE REcEivED: ~ / Lf 111 I TOWN OF TILLSONBURG APPUCATION FOR ZONE CHANGE Applicant (if other than registered owner): Name: LG:..N~ \~~~y~ Phone: Reskfence: ------- Address: .. ,cP\e> ~ ......... 0._.. .... .,,.~l.A.."'> Q:.vL '~,_: ... r''·.:;_~~.,, 0~ Business: C\a5'" "J~'\ ~·~) ~'L\\ · Postal Code: t-""::\-$ _ ~'-~ E-mail: \ , Fax: * ~\ ~~~~~ ~'")..-..~,\ . ~('\"""'\ Solicitor or Agent (if any): Name:-------------------Phone: Business: ------- Add~ss:__________________________________ Fax:--------------- PosuiCode: ___________________ __ E·mall: ----------------------- All communications will be sent to those listed above. If you !12.!!2! wish correspondence to be sent to the 0 Owner, 0 Applicant, or 0 Solicitor/Agent. please specify by checking the appropriate box. Name and a ress of any holders of any mortgage, charges or other encumbrances (if known): f\,Q... 2. Subject Land(s): a) Location: Municipality ·:(~\ \'59.---.\Jv .... \c::J former municipality ____________ _ Concession No.------------Lot(s) ----------=--:------- Registered Plan No. ---"CS"::::._o_c.:>______ Lot(s) \ b . \ \ \ I.e::. ~ <C> Reference Plan No. L\ \ g_ I b b 2... Part(s) L , '-\ VL-\ ct '3. "2-.fb_r \-')_ The proposed lot is located on the ~c:>t.--IH side of _$. pr ......... C-.<~-Street, lying between \) ~ g., V> ,......... c.... Street and \-\ v..> ..=l ~ ~ Street StreetandlorCivtcAddress(9111}: '2-5 S "r~<=-.R_ ~d.Q....~ b) Official Plan Designation: Existing: _ _.:.\-~~.N-=...~..Q~V.._<:::.~T....l-.l.:R~\-:..A-..:....::L:.:._. ---------- Proposed: ------------------------ If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford? 0 No 0 Yes FOR OFACE USE ONLY DAlE PREScRI8aliNFORMAl10N COm>I.ETE PIN Ooo4Soo~ REV.JAN2019 Page 37 of 376 d) Uses: E*f'WIP!'O!!W!I Use: Dale Construcled (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line 0 None Existing 0 None Proposed \ ~~di~-\~l: e.\ 1'--..J.. \-'--__ eu_n_dlng_2 __ \JIA'.ci \SBo's <>=t'I,2C'<>'f: 3,o,<:x:.>v .,..__'l:r\-. _______ _ Please llOmi le'e br residential, CXJIIIIIlMliall or i!ISiilulional uses. r--lniioe•~~~-~--~ecc~mmaacl~·~~~--r--i~smu~•unm•w~ac--l I 1WE 1¢. ...,..;, -. -. _..,. -. --.QF ..... Dr d' •• 11) liUGR! riG llesaile Tor.tll..IIFUIIIIM •W l ft.-MEA llr -.g ...a ar !iiJr /till!> (Gifi<e. --.rooms, .ole.) OII1ER FMI.UJil\S ~·sf c ·nl~pool.et! ' •m:LOt&C&wm,..,.,.sae~ SEADIGc:.tlfiAaiY {for~~----» l ·11/F-1 OPal-'l ; At• •• IS1!11ALIISE? 0 I 4. Sl6a lnfonullon (fii'OPO&"I UM(s): Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard RearYsrd Interior Side Yard ~ \v-..d.~ -s>rr~ ~\ , ..... ..__\\: lf~t'> ,, ,- \_\ ' • .>o:j\ -~_.\";. ~ ,.;_..\,•L_··J::.... ~ .~ Ill' IIi. ~p.-~.c. lb>.s. ""'----30 ~~ -W!IA IIllA NIA I! """""""' . . -. I"""""""' -,.w........, Exterior Side Yard (oomer lot) Landscaped Open Spaoe (%) No. of Parking Spaoes No. of Loading Spaces Building Helght Wldlh of Planting Strip Driveway Wldlh ' l ft· I MIA ! lilA ~~-. ., .__ I I RW llie, - Page 38 of 376 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 5. Services: (check appropriate box) Water supply Sewage Disposal Storm Drainage 6. Access: Publicly owned and operated piped water system Privately owned and operated individual well Other (specify)--------- Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify)--------- Municipal Sewers Municipal Drains Ditches Swales lJ l Unopened Road Allowance Existing rl r-: [i tv' [' [ Provincial Highway County Road Municipal Road maintained all year Right-of-Way owned by------- Other (specify)--------- Municipal Road seasonally maintained C 7. General Information: Proposed ,--, L [ [ lJ L r- [ r_; [' Page 3 a) Is the Subject Land the subject of regulations for flooding or fill and construction permHs of the Long Point Region Conservation Authority? >fNo C Yes If yes, has an Application been filed with the Conservation Authority? lli'No [ Yes b) Present land use(s) of adjacent properties: c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? ,.j' No D Yes If yes, describe ------------------------- (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? rrJ No [ Yes If yes, describe former use: 8. Historicallnformatlon: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? ~ No c::J Yes -> Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Pian amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? c::J No lunknown c::J Yes-> File No. _____ _ Status/Decision---------- c) If known, the date the subject land was acquired by the owner? 0 ~~ e>,.-\'\S "\ _ d) If known, the length of time that the existing uses of the subject land have continued S, ""' s o G~-• \.-'<- Page 39 of 376 TOWN OF TILLSONBURG APPLICATION FOR ZoNE CHANGE Page4 THIS SECTION TO BE COMPLETED IN TlfE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS 1/We 1.....-C::l\J A \ S A;-~ C '::;.,. of the __ __.:;c_=-:· _\\=--':\~----- of W 0 o ~"S.. TOc__\L in the C D vli'S\jt <:::>·;(FO Q'C> . DO SOLEMNLY DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same foroe and ..... ~ ................ and byW1ueoflhe ~ ~-j ~ of Own:r{s)/App]jcant this . . dayof ma.:J 20~ X · ~ ~d/4 ~ J'(), ;ft!J.:-.~ Owner(sVApplicant ~~Clarke, a Commissioner, etc., Province of Ontario, for the County of Oxford. Expires December 6, 2020. Notes: 1. Applications will not be considered complete until all requested information has been supplied. 2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the applicable fee of $1,200.00 in cash or cheque , payable to the Treasurer, Town of Tillsonburg. A fee of $2,400.00 will be charged if an application is required 'after the fact' (after the use has occupied the site). Municipal Freedom of Information and Protection of Privacy Act -Notice of Collection & Disclosure The collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1.0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public. Page 40 of 376 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A 08-19 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: July 8, 2019 REPORT NUMBER: 2019-212 OWNER: 952666 Ontario Limited Arend Tenhove 27 Main Street West, P.O. Box 549 Norwich ON, N0J 1P0 REQUESTED VARIANCE: Relief from Table 5.24.2.1 – Parking Standards, to reduce the minimum required parking spaces for a professional office from 7 spaces (1 per 20 m2 of gross floor area) to nil to facilitate an expansion to an existing office building. LOCATION: The subject property is described as Lot 1263, Plan 500, in the Town of Tillsonburg. The property is located on the northeast corner of Brock Street East and Tillson Avenue and is municipally known as 80 Brock Street East, Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Service Commercial TOWN OF TILLSONBURG ZONING BY-LAW: Service Commercial Existing Plaza Zone (SC-E) SURROUNDING USES: Institutional to the north (Free Methodist church and Annandale Public School), low density residential to the south and west. Annandale Historic Site is located to the south. Page 41 of 376 File Number: A-08-19 Report Number 2019-212 Page 2 Comments: (a) Purpose of the Application: The applicant is requesting relief from the above-noted provision of the Town Zoning By-law to facilitate the conversion of an existing attached garage on the subject lands into office space. The subject property comprises approximately 1195 m2 (12,863 ft2) and contains an existing commercial office building, occupied by an insurance agency, medical lab, and financial services providers. After the proposed office conversion of the garage, the total gross floor area of the building will be approximately 989 m2 (10,646 ft2). The property currently contains 24 parking spaces, some that are partially located within the Brock Street East road allowance. The applicant proposes to convert an existing attached garage, presently used for storage, for office uses. It is proposed that the new office space will have an approximate area of 137.1 m2 (1475 ft2), and will consist of storage space, a new board room, 4 new offices, and a lunchroom and utility room. Based on the floor area of the building, 43 parking spaces are required for the existing occupancy, and 7 parking spaces are required for the proposed office conversion. The existing parking deficiencies are considered legal non-conforming as the development and configuration of the subject lands has not changed in some time. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo) shows the location, existing structures and parking areas on the subject lands and surrounding properties. Plate 3, Proposed Office Conversion, shows the floor layout of the building, including the proposed office conversion. (b) Agency Comments: The application was circulated to a number of public agencies and the following comments were received: Tillsonburg Building and By-Law Services Department and Tillsonburg Fire Services indicated they had no objection to the application. Public Notice was mailed to surrounding property owners on June 27, 2019 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject property is designated ‘Service Commercial’ according to the Official Plan. Service Commercial areas provide locations for a broad range of uses that, for the most part, are not suited for locations within the Central Area because of their site area, access or exposure requirements or due to compatibility conflicts with residential development. Generally, service Page 42 of 376 File Number: A-08-19 Report Number 2019-212 Page 3 commercial uses cater to vehicular traffic and single purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Sites with existing buildings and established commercial uses are permitted in this designation. It is not the intent of the Official Plan to restrict existing commercial uses from minor expansions or changes of use within the context of the functional zoning category in the Town of Tillsonburg. The use of the lands for a business/professional office, medical centre, and insurance agency within the existing building conforms to the ’Service Commercial’ policies of the Official Plan. The Official Plan (Section 10.3.6) states that the Committee of Adjustment shall take into account the following points when considering an application for minor variance:  The objectives and policies of the Official Plan can be met if the minor variance is granted;  The request for variance constitutes a minor departure from the performance standards of the zoning by-law;  The general intent of the zoning by-law can be met; and  Whether the variance is desirable for the appropriate development of the land. In determining whether a variance is desirable, the Official Plan provides that the following factors be considered:  Whether there are constraints and/or restrictions due to physical or inherent conditions of the site;  Whether alternative designs of the proposals are clearly not feasible or appropriate;  Whether approval would create an undesirable precedent;  Concerns of adjacent owners and residents, and community in general; and,  Whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Service Commercial Existing Plaza Zone (SC-E)’ according to the Town of Tillsonburg Zoning By-law. A medical/dental centre, real estate, insurance or travel agency, and business professional office are permitted uses within the SC-E zone. According to Table 5.24.2.1 (Parking Standards), a professional office is required to provide 1 parking space per 20 m2 (215.3 ft2) of building gross floor area. Minimum parking requirements ensure that all necessary parking to support the development is provided on the subject property. Section 5.24.1.9 of the Zoning By-Law provides that the parking area requirements contained in the Zoning By-Law shall not apply to any building in existence at the date of passing of this By- law so long as the floor area, as it existed at such date, is not increased, and the building or structure is used for a purpose that does not require more parking spaces according to Section 5.24.2 of the Zoning By-Law than were required by its use at the date of passing of the Zoning By-Law. If an addition or change of use is made to a building or structure as it existed at the date of passing of the Zoning By-Law, then additional parking spaces shall be provided to the number required for such addition or change in use. Although the current parking requirements are estimated to be 43 spaces, there are 11 spaces wholly contained on the subject property, with another 13 spaces that are located on the north side of Brock Street East, within the road allowance and partially on the subject property. As Page 43 of 376 File Number: A-08-19 Report Number 2019-212 Page 4 confirmed by the Town Building Services Department, these parking deficiencies have been present for some time and are considered to be legal non-complying. The conversion of the existing attached garage will require an additional seven parking spaces. The applicant has indicated that the subject lands are fully developed, there are no opportunities for additional parking spaces. While the required parking cannot be provided on the site, there is street parking available on the south side of Brock Street East and a public parking lot is located to the southeast, adjacent to Annandale House and municipal lots are located approximately 180 m (590’) to the west on Lisgar Avenue, providing parking opportunities for the employees and patrons of the site. The 2018 Downtown Parking and Accessibility Study indicated that the utilization of municipal lots 9A (Lisgar Avenue, north of Canada Post office) is 21%, and Lot 10A (west of post office at intersection of Brock Street and Harvey Street) has an utilization rate of 46%. Staff are of the opinion that as the minor expansion of the well-established business/professional office use will not physically increase the size of the building or further reduce the available parking spaces present on the subject property, that the applicant’s request for relief to the additional required parking generally maintains the intent of the Zoning By-Law. (e) Desirable Development/Use: It is the opinion of this Office that the proposed variance to reduce the minimum required parking spaces from 7 to nil to facilitate the conversion of replacement of an existing commercial building, can be considered desirable development of the subject property. While the proposed relief represents a significant deviation from the minimum requirement, the applicant has noted that there are differing peak demands for parking among the tenants of the building. Most of the financial services providers in the plaza accommodate customers on an appointment basis, and the peak parking demand at the site is primarily a consequence of the early morning client visits to the medical lab onsite. Other visitors to the building attend the site throughout the day. The applicant has also noted that the employees of the businesses in the building are requested to park in municipal parking lots nearby, and several of the parking spaces are signed for visitors only. The applicant also indicated that arrangements are in place to have snow removed and trucked offsite to ensure that the parking spaces on the site remain available throughout the winter months. Staff note that the current parking deficiencies are considered to be legal non-conforming, and that there are no additional opportunities onsite to provide additional parking. The current configuration also maximizes the parking potential of the Brock Street East road allowance, with several parking spaces present on the road allowance and southern portion of the subject property. The proposal to convert the use of the attached garage for additional office space will facilitate a minor expansion to the existing use without enlarging the existing building or eliminating existing parking spaces. Requiring the applicant to comply with the parking requirements of the Zoning By-Law would preclude the conversion of the existing garage space as there is no feasible option to increase parking opportunities on the subject lands. Page 44 of 376 File Number: A-08-19 Report Number 2019-212 Page 5 To accommodate for the proposed relief from the on-site parking space requirement, and to recognize the potential for increased demand on municipal parking lots resulting from the expansion and onsite parking deficiencies, it is recommended that a condition be included to ensure the applicant enters into a cash-in-lieu of parking agreement with the Town for the requested relief of 7 parking spaces. The funds generated through this agreement would be contributed to a municipal parking reserve for the maintenance and expansion of municipal parking lots within the Central Area. In light of the foregoing, it is the opinion of this Office that the proposed relief maintains the general intent and purpose of the Official Plan and Zoning By-law and can be given favorable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-08/19, submitted by 952666 Ontario Limited, for lands described as Lot 1263, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 7 spaces (1 per 20 m2 of gross floor area) to nil spaces to facilitate an expansion to an existing office building; Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg; As the proposed variance is: (i) deemed to be a minor variance from the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By- law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: original signed by Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission by: original signed by Gordon K. Hough, RPP, Director Page 45 of 376 File Number: A-08-19 Report Number 2019-212 Page 6 Report Approval Details Document Title: A08-19_rpt.docx Attachments: - A-08-19 Report Attachments.pdf - a08-19t_appl-20190606.pdf Final Approval Date: Jul 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 2, 2019 - 9:22 AM Page 46 of 376 June 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 2020 Notes NAD_1983_UTM_Zone_17N 101 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: A 08-19: 952666 Ontario Inc. (Arend Tenhove) Lot 1263, Plan 500, 80 Brock Street East, Tillsonburg Subject Lands Brock Street East Tillson Avenue Page 47 of 376 June 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 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: Close-up of Subject Lands (2015 Air Photo) File No: A 08-19: 952666 Ontario Inc. (Arend Tenhove) Lot 1263, Plan 500, 80 Brock Street East, Tillsonburg Brock Street East Subject Lands Existing Parking Areas Page 48 of 376 Plate 3: Proposed Office Conversion File No: A 08-19: 952666 Ontario Inc. (Arend Tenhove) Lot 1263, Plan 500, 80 Brock Street East, TillsonburgGarage area proposed to be converted to office space (137.1 sq m) (1475 sq ft)Page 49 of 376 Page 50 of 376 A08-19000410008 Page 51 of 376 Page 52 of 376 Page 53 of 376 CLK 19-19 Minor Variance Objections June 27, 2019 TO: Council FROM: Donna Wilson, Town Clerk RE: Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) At the Council meeting of June 24, 2019, Council deferred the decision for Minor Variance A-05/19 as additional information was provided at the meeting which Council had not had the opportunity to receive and review prior to the meeting. The additional information provided was two objections. Both objections were based on their thought that the application contravenes a signed agreement between the Developer and the original home owner. The first objection is signed by 7 individuals representing 4 properties in the neighbourhood. The second objection is from another homeowner of the neighbourhood who provided a copy of their original agreement with the Developer. Staff contacted the County Planner Eric Gilbert and Mr. James Morgan, Lawyer regarding their interpretation of the developer agreement and its legal impact to this application. Eric Gilbert responded as follows: The agreement is not registered on title. I would consider the agreement to be a civil matter, between the owner of the property and the original developer/subdivider. We would also call these items private covenants. The Planning Act & Building Code Act do not give any weight to these private agreements, they are not applicable law that the municipally is required to enforce. I don’t believe the Town has any authority to regulate the manner of construction beyond the minimum standards of the Building Code Act unless the property is subject to site plan control. The subject property is exempt from Site Plan Control as per Site Plan Control By-Law 4151. All residential accessory buildings are exempt from Site Plan Control in accordance with Section 2.1.1 of the by-law. Page 54 of 376 2 James Morgan stated that the statute of limitations on property agreements is 10 years, this agreement is dated March 27, 1990 which clearly has exceeded the 10 year limitation. He also stated that the agreement was entered into between the developer and the property owner and that the Municipality was not a party to the agreement. As the municipality is not a party to the agreement then we have no authority to require that the agreement is complied with. Municipalities enter into site plan agreements with property owners and register them on title which requires compliance in perpetuity. It appears that Council can make a decision on Minor Variance A-05/19, 26 Thomas Avenue without regard for the 1990 agreement. Page 55 of 376 Page 56 of 376 Page 57 of 376 Page 58 of 376 Page 59 of 376 Page 60 of 376 Page 61 of 376 Page 62 of 376 Page 63 of 376 Page 64 of 376 Page 65 of 376 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A 05-19 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: June 24, 2019 REPORT NUMBER: 2019-187 OWNERS: Roy and Nancy Gardner 26 Thomas Avenue, Tillsonburg ON, N4G 5K8 REQUESTED VARIANCES: 1. Relief from Section 6.2, – Zone Provisions (R1), Exterior Side Yard Minimum Width, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 4.95 m (16.2 ft); 2. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum lot coverage allowance for residential accessory buildings from 50 m2 (538.2 ft2) to 50.1 m2 (539.27 ft2), and; 3. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum height allowance for a residential accessory building from 3.7 m (12.1 ft) to 4.19 m (13.75 ft) The proposed variances have been requested to facilitate the construction of a residential accessory building on the west side of the subject lands. LOCATION: The subject property is described as Lot 88, Plan M-59 in the Town of Tillsonburg. The subject lands are located on the south side of Thomas Avenue, lying between Concession Street East and Demeyere Avenue and are municipally known as 26 Thomas Avenue, in Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1) Page 66 of 376 File Number: A 05-19 Report Number 2019-187 Page 2 SURROUNDING USES: Predominately low density residential development, with recreation lands (Annadale Ball Diamonds) to the north. COMMENTS: (a) Purpose of the Application: The applicants have requested the above-noted relief from the applicable provisions of the Town Zoning By-law to facilitate the construction of a detached garage, approximately 50.1 m2 (540 ft2) in area with a height of 4.19 m (13.75 ft). The applicant has indicated that the proposed garage will be used to store their motorhome. It is proposed that the said garage will be located on the west side of the subject lands, with an exterior yard setback of 4.95 m (16.2 ft). This location has been requested to permit a setback in keeping with the existing exterior side yard width of the existing dwelling, and it is noted that although the existing dwelling and driveway entrance are situated on the north side Thomas Avenue, the actual front lot line is on the east side of the subject lands. It is further noted that although the applicant has requested the reduction to the exterior side yard width, Section 6.2.1 of the Zoning By-law states that where two abutting corner lots share the same rear lot line and their exterior side yards abut a local road, the minimum exterior side yard setback may be reduced to 4.5 m (14.8 ft), negating the need for relief from the exterior side yard provision. The subject lands are approximately 885.13 m2 (9,527.5 ft2) in size and contain an existing single detached dwelling, with an attached garage, built in approximately 2011. The subject lands are located on the south side of Thomas Avenue, lying between Concession Street East and Demeyere Avenue and surrounding land uses are predominately single detached dwellings. Plate 1, Location Map with Existing Zoning with Parcel Lines, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject lands. Plate 3, Applicant’s Site Sketch, shows the location and dimensions of the existing and proposed structures on the subject lands. (b) Agency Comments: The application was circulated to a number of public agencies. The Town of Tillsonburg Chief Building Official has indicated that the portion of the driveway within the road allowance will be required to be paved with a solid surface material. (c) Public Consultation: Public Notice was mailed to surrounding property owners on May 29, 2019. To date no comments of concern have been received from the public. (d) Intent and Purpose of the Official Plan: Page 67 of 376 File Number: A 05-19 Report Number 2019-187 Page 3 The subject lands are designated Low Density Residential according to the Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling with a detached garage conforms to the Low Density Residential policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law, which permits a single detached dwelling, as well as residential accessory structures. The ‘R1’ zone requires a minimum lot area of 608 m2 (6,544.7 ft2) and a minimum lot frontage of 19 m (62.3 ft) for a corner lot, as well as a minimum lot depth of 32 m (105 ft). Where two abutting corner lots share the same rear lot line, and their exterior side yards abut a local road, then the minimum exterior side yard for such lots shall be 4.5 m (14.8 ft). The applicant is proposing to locate the residential accessory structure 4.95 m (16.24 ft) from the exterior lot line of the subject lands, which is in keeping with the minimum requirements of the Zoning By-law. Table 5.1.1.4 of the Zoning By-law establishes the development standards for accessory buildings and structures and provides that residential accessory buildings shall be located a minimum of 1.2 m (3.9 ft) from the main building on the property and shall have a maximum height of 3.7 m (12.1 ft), with a maximum lot coverage of 50 m2 (538.2 ft2) or 10% of lot coverage and shall be located in accordance with the minimum yard setback requirements of the applicable zone. These provisions are intended to ensure such structures remain clearly secondary and ancillary to the main use of the property, while having minimal impacts on neighbouring properties. These provisions also assist in ensuring sufficient space is maintained on the property to accommodate for grading and drainage, as well as private amenity space. In this instance, the applicants are proposing to construct a residential accessory building, 50.1 m2 (540 ft2) in size, with a height of 4.2 m (13.75 ft) that will be located outside of the required exterior side yard area. As per the submitted site sketch, the proposed accessory building also appears to maintain the required 1.2 m (3.9 ft) rear yard setback, as well as the required 1.2 m (3.9 ft) setback distance to the existing dwelling on the subject lands. At approximately 885.13 m2 (9,527.5 ft2), it is recognized that sufficient lot area exists on the subject property to accommodate for drainage and amenity space. It is the opinion of this office that the proposed increase to the permitted accessory building lot coverage meets the intent of the Town Zoning By-law, as the total area and height of the proposed accessory structure can be considered to be secondary or ancillary to the main use of the property for residential purposes, which consist of a dwelling approximately 226 m2 (2,432 ft2) in size. Further, staff are of the opinion that the minor increase to the lot coverage and height allowances for the proposed detached garage can be considered reasonable for the needs of a residential use. (f) Desirable Development/Use: Page 68 of 376 File Number: A 05-19 Report Number 2019-187 Page 4 The proposed variances seek to allow for an increase to the maximum lot coverage and height allowance for a residential accessory building on the subject lands. Staff are of the opinion that the proposal is appropriate and would not create an undesirable precedent as subject property is sufficiently large enough to accommodate the proposed structure size without resulting in typical lot coverage issues or adversely impacting neighbouring properties. Planning staff have reviewed the applicant’s request and are of the opinion that given the nature of the proposal it is in keeping with the Town Zoning By-law as the proposed relief represents a minor deviation from the maximum lot coverage and height provisions as contained within the Town’s Zoning By-law. Overall, staff are of the opinion that this proposal is minor in nature and satisfies the four tests for minor variance as set out in Section 45(1) of the Planning Act and can be supported from a Planning perspective. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A05-19, submitted by Roy and Nancy Gardner, for lands described as Lot 88, Plan M-59, municipally known as 26 Thomas Avenue, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum lot coverage allowance for residential accessory buildings from 50 m2 (538.2 ft2) to 50.1 m2 (539.27 ft2), and; 2. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum height allowance for a residential accessory building from 3.7 m (12.1 ft) to 4.19 m (13.75 ft) Subject to the following condition: i. The portion of the driveway within the existing road allowance be paved with a solid surface, to the satisfaction of the Town Building Services Department. As the proposed variances are: (i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Heather St. Clair, MCIP, RPP, Development Planner Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner Page 69 of 376 File Number: A 05-19 Report Number 2019-187 Page 5 Page 70 of 376 File Number: A 05-19 Report Number 2019-187 Page 6 Report Approval Details Document Title: A05-19_rpt.docx Attachments: - a05-19t_appl-20190529.pdf - Plates.pdf Final Approval Date: Jun 17, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jun 17, 2019 - 11:11 AM Page 71 of 376 a05-19002530065 Page 72 of 376 Page 73 of 376 Page 74 of 376 Page 75 of 376 June 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 Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map (with Existing Zoning and Parcel Lines) File No. A5-19: Gardner Lot 88, Plan M-59, 26 Thomas Avenue, Town of Tillsonburg Subject Lands Page 76 of 376 June 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 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Photo File No. A5-19: Gardner Lot 88, Plan M-59, 26 Thomas Avenue, Town of Tillsonburg Subject Lands Page 77 of 376 Plate 3: Applicant's Sketch File No. A5-19: Gardner Lot 88, Plan M-59, 26 Thomas Avenue, Town of Tillsonburg Page 78 of 376 Page 79 of 376 Page 80 of 376 Page 81 of 376 Page 82 of 376 Page 83 of 376 Page 84 of 376 Page 85 of 376 Page 86 of 376 Page 87 of 376 Page 88 of 376 Hello, Please note the following response to Delegation Request Form has been submitted at Wednesday June 19th 2019 2:02 PM with reference number 2019-06-19-004.  First Name Mark  Last Name Renaud  Street Address 20 Oxford Street  Town/City Tillsonburg  Postal Code N4G2G1  Phone Number 519-403-6352  E-mail m.renaud@tillsonburgbia.ca  Do you or any members of your party require accessibility accommodations? No  Council Meeting Date July 8, 2019  Subject of Delegation BIA business update  Name(s) of Delegates and Position(s) Mark Renaud - Executive Director  Name of Group or Person(s) being represented (if applicable) Tillsonburg BIA Page 89 of 376  I acknowledge Delegations are limited to fifteen (15) minutes each. I accept  Brief Summary of Issue or Purpose of Delegation The Tillsonburg BIA Executive Director will be giving council an update on the 2019 BIA accomplishments and challenges with respect to our business plan.  Will there be a Power Point presentation? No  Please attach a copy of your presentation.  Have you been in contact with a Staff member regarding the Delegation topic? Yes  If yes, please list the Staff member(s) you have been working with. Donna Wilson  I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 90 of 376 Page 91 of 376 Page 92 of 376 Page 93 of 376 Page 94 of 376 Page 95 of 376 Page 96 of 376 Downtown Tillsonburg Business Improvement Area EMC Report Page 97 of 376 Reaching New Heights on Social Media 148 New FB Page Likes 149 New FB Page Followers 15.4K Page Reach (Up 12.3K in last 28 days) 652 Page Views (Up 524 in last 28 days) Big Moments: ●Spring Beautification ●Parking Lot Party with TheRippedClub ●Turtlefest Photos Page 98 of 376 Reaching New Heights on Social Media Instagram Colour infused into feed after the Spring Beautification 461 Followers Continuing to use Instagram Stories to share BIA Member’s content Twitter Continuing to tweet at events attended and retweeting BIA Member’s content Page 99 of 376 Events Page 100 of 376 Events Recap Parking Lot Party with TheRippedClub -Made changes to event after weather/construction issues -Great event that lead to a sale of over $3000 for TRC Sidewalk Sale Days -A few stores on each block participated, room for improvement Turtlefest Block Party -Well attended. Happy vendors, attendees, and sponsors Page 101 of 376 Page 102 of 376 Page 103 of 376 Hello, Please note the following response to Delegation Request Form has been submitted at Tuesday July 2nd 2019 10:56 AM with reference number 2019- 07-02-002.  First Name Andrew  Last Name Teeple  Street Address 164 Herbert St  Town/City Waterloo  Postal Code N2J 1T4  Phone Number 519-500-5007  E-mail andrew@athon.ca  Do you or any members of your party require accessibility accommodations? No  Council Meeting Date July 8th, 2019  Subject of Delegation The Cultural, Heritage and Special Awards Advisory Committee recommendation regarding modifications to 83 Rolph Street  Name(s) of Delegates and Position(s) Andrew Teeple, President, Athon Construction and Development Corporation  Name of Group or Person(s) being represented (if applicable) Andrew Teeple Page 104 of 376  I acknowledge Delegations are limited to fifteen (15) minutes each. I accept  Brief Summary of Issue or Purpose of Delegation The purpose of this delegation is to explain and support the proposed modifications to 83 Rolph Street while also making myself available to the Council and the Public to answer any questions or concerns.  Will there be a Power Point presentation? Yes  Have you been in contact with a Staff member regarding the Delegation topic? Yes  If yes, please list the Staff member(s) you have been working with. Amelia Jaggard, CMM I Legislative Services Coordinator  I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 105 of 376 Tillsonburg’s history, your future Page 106 of 376 Our Mission Our mission is to bring 83 Rolph Street back to life while respecting its character, history, and significance to the community. Page 107 of 376 Who We Are Timothy McKillican, Owner Oxford Lofts Inc. Andrew and Larry Teeple, Father and Son Team Athon Construction Page 108 of 376 What We are Asking We are asking for support in proposing the following changes to council. #1 -Stand the front 3 dormers up straight creating three heritage gable ends to match the rear of the building. #2 –Alter the secondary north entrance door to better match the heritage design of the existing building. Page 109 of 376 Dormers We are proposing to: -Change the angle on the front three dormers from 45 degrees to vertical -Install windows matching the heritage styling in keeping with each section of the building. Page 110 of 376 Dormers Approved Elevation Page 111 of 376 Dormers Current: Page 112 of 376 Dormers Proposed Elevation Page 113 of 376 Dormers We are proposing to: -Keep the existing characteristic silhouette roof line of the building Page 114 of 376 Dormers We are proposing to: -Keep the existing characteristic silhouette roof line of the building Page 115 of 376 Dormers We are proposing to: -Keep the existing characteristic shape and proportions of the roof Page 116 of 376 Dormers We are proposing to: -Keep the arched windows over their matching compartments Page 117 of 376 Dormers We are proposing to: -Keep the arched windows over their matching architectural compartments Page 118 of 376 Dormers We are proposing to: -Match the rectangular windows over each architectural compartment Page 119 of 376 Dormers -Minimize the use of currently approved modern looking skylights Page 120 of 376 Dormers -Minimize the use of currently approved modern looking skylights Page 121 of 376 Dormers -Minimize the use of currently approved modern looking skylights Page 122 of 376 Dormers We are proposing to: -Match the rear design of the approved building. Page 123 of 376 Dormers We are proposing to: -Match the rear design of the approved building. Page 124 of 376 Dormers We are proposing to: -Match the rear design of the approved building. Page 125 of 376 Dormers Technical benefits of vertical windows: -More leak resistant than skylights Page 126 of 376 Dormers Technical benefits of vertical windows: -More leak resistant than skylights -More energy efficient than skylights Page 127 of 376 Dormers Technical benefits of vertical windows: -More leak resistant than skylights -More energy efficient than skylights -Easier to to operate for residents Page 128 of 376 Dormers Technical benefits of vertical windows: -More leak resistant than skylights -More energy efficient than skylights -Easier to to operate for residents -Allow for proper opening sizes without sacrificing structural integrity, creating bright wonderful living space, with terrific views of the city. Page 129 of 376 Dormers Technical benefits of vertical windows: -More leak resistant than skylights -More energy efficient than skylights -Easier to to operate for residents -Allow for proper opening sizes without sacrificing structural integrity, creating bright wonderful living space, with terrific views of the city. -Create proper head room to install structural steel building reinforcement for the attic. Page 130 of 376 North Heritage Arch We are proposing to: -Reinstate the traditional south entry door for residents -Alter the secondary north entrance door to better match the heritage design of the existing building. Page 131 of 376 North Heritage Arch Approved Elevation: Page 132 of 376 North Heritage Arch Approved Elevation: Page 133 of 376 North Heritage Arch Proposed Elevation: Page 134 of 376 North Heritage Arch We are proposing to reinstate the traditional south entry door for residents Page 135 of 376 North Heritage Arch We are proposing to alter the secondary north entrance door to better match the heritage design of the existing building. Page 136 of 376 North Heritage Arch Proposed North Door: Page 137 of 376 North Heritage Arch Proposed North Door: Page 138 of 376 North Heritage Arch Proposed North Door: Page 139 of 376 Additional Restoration and Preservation Efforts -Restoration of blocked off windows Page 140 of 376 Additional Restoration and Preservation Efforts -Restoration of blocked off windows on the South Page 141 of 376 Additional Restoration and Preservation Efforts -Restoration of blocked off windows on the South Page 142 of 376 Additional Restoration and Preservation Efforts -Restore blocked off windows on the West Page 143 of 376 Additional Restoration and Preservation Efforts -Restoration of blocked off windows on the West Page 144 of 376 Additional Restoration and Preservation Efforts -Restoration of blocked off windows on the North Page 145 of 376 Additional Restoration and Preservation Efforts -Restoration of damaged and vandalized façade bricks. Page 146 of 376 Additional Restoration and Preservation Efforts -Restoration of damaged and vandalized façade bricks. Page 147 of 376 Additional Restoration and Preservation Efforts -Restoration of damaged and vandalized façade bricks. Page 148 of 376 Additional Restoration and Preservation Efforts -Restoration of damaged and vandalized façade bricks. Page 149 of 376 Additional Restoration and Preservation Efforts -Restoration of vandalized windows, etc. Page 150 of 376 Additional Restoration and Preservation Efforts Other technical efforts to restore with respect: -Front Lawn AC Condensers -Mechanical Penetrations -Matching Exterior Vents -Flatroof skylights and mechanical louvers Page 151 of 376 Additional Restoration and Preservation Efforts Page 152 of 376 Additional Restoration and Preservation Efforts Page 153 of 376 Additional Restoration and Preservation Efforts Page 154 of 376 Additional Restoration and Preservation Efforts Page 155 of 376 Additional Restoration and Preservation Efforts Page 156 of 376 Additional Restoration and Preservation Efforts Page 157 of 376 Additional Restoration and Preservation Efforts Page 158 of 376 Additional Restoration and Preservation Efforts Other technical efforts to restore with respect: -Front Lawn AC Condensers -Mechanical Penetrations -Matching Exterior Vents -Flatroof skylights and mechanical louvers Page 159 of 376 Additional Restoration and Preservation Efforts Page 160 of 376 Additional Restoration and Preservation Efforts Page 161 of 376 Additional Restoration and Preservation Efforts Page 162 of 376 Additional Restoration and Preservation Efforts Page 163 of 376 Why Page 164 of 376 Why The building’s form functioned wonderfully serving Tillsonburg’s needs from 1912 –2015 Page 165 of 376 Why The building’s form functioned wonderfully serving Tillsonburg’s needs from 1912 –2015 The form of the building needs to shift now to serve Tillsonburg’s needs for the next century. Page 166 of 376 Why The building’s form functioned wonderfully serving Tillsonburg’s needs from 1912 –2015 The form of the building needs to shift now to serve Tillsonburg’s needs for the next century. We are proposing limited compromises to allows the building’s form to function properly and serve these needs while respecting its heritage and beauty. Page 167 of 376 Why The building’s form functioned wonderfully serving Tillsonburg’s needs from 1912 –2015 The form of the building needs to shift now to serve Tillsonburg’s needs for the next century. We are proposing limited compromises to allows the building’s form to function properly and serve these needs while respecting its heritage and beauty. The proposals are vastly more expensive than leaving the roof as planned with minimal lighting and clearances in certain locations. However, we only have one chance to do this right and we believe this is important in keeping the building an exciting, usable, piece of the community. Page 168 of 376 Why The building’s form functioned wonderfully serving Tillsonburg’s needs from 1912 –2015 The form of the building needs to shift now to serve Tillsonburg’s needs for the next century. We are proposing limited compromises to allows the building’s form to function properly and serve these needs while respecting its heritage and beauty. The proposals are vastly more expensive than leaving the roof as planned with minimal lighting and clearances in certain locations. However, we only have one chance to do this right and we believe this is important in keeping the building an exciting, usable, piece of the community. We believe the technical, tangible, intangible benefits of the proposal far outweigh any perceived disadvantages. Page 169 of 376 Preservation We have chosen to convert the building into condominium title. This is the best tool available in preserving a building indefinitely. Community ownership means the building will remain in good repair and resilient to being taken down or poorly repurposed inappropriately. Page 170 of 376 Preservation We have chosen to convert the building into condominium title. This is the best tool available in preserving a building indefinitely. Community ownership means the building will remain in good repair and resistant to being taken down or poorly repurposed inappropriately. However, to create condominium units families are going to invest into they need to be high quality, well functioning, and durable space. Page 171 of 376 Our Mission Our mission is to bring 83 Rolph Street back to life while respecting its character, history, and significance to the community. Page 172 of 376 Thank you Page 173 of 376 Hello, Please note the following response to Delegation Request Form has been submitted at Friday June 28th 2019 11:03 AM with reference number 2019- 06-28-003.  First Name Les  Last Name Lonsbary  Street Address 64 Oxford Street  Town/City Tillsonburg  Postal Code N4G 2G3  Phone Number 519-688-7752  E-mail ttllonsbary@hotmail.com  Do you or any members of your party require accessibility accommodations? No  Council Meeting Date July 08 2019  Subject of Delegation Plant holder at Tillsonburg Cemetery  Name(s) of Delegates and Position(s) Les Lonsbary  Name of Group or Person(s) being represented (if applicable) Lonsbary Family Page 174 of 376  I acknowledge Delegations are limited to fifteen (15) minutes each. I accept  Brief Summary of Issue or Purpose of Delegation Challenging the reasons why a plant holder should remain at the Lonsbary Family plot at Tillsonburg Cemetery  Will there be a Power Point presentation? No  Have you been in contact with a Staff member regarding the Delegation topic? Yes  If yes, please list the Staff member(s) you have been working with. Cory Hill  I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 175 of 376 Page 176 of 376 Hello, Please note the following response to Delegation Request Form has been submitted at Thursday July 4th 2019 11:14 AM with reference number 2019- 07-04-001.  First Name Tillsonburg  Last Name Turtlefest  Street Address 1045-200 Broadway  Town/City Tillsonburg  Postal Code N4G 4H3  Phone Number 519-983-2748  E-mail info@turtlefest.ca  Website www.turtlefest.ca  Do you or any members of your party require accessibility accommodations? No  Council Meeting Date July 8, 2019  Subject of Delegation Request for additional funding to compensate for lost gate revenue  Name(s) of Delegates and Position(s) Suzanne Fleet - Festival Director Page 177 of 376  Name of Group or Person(s) being represented (if applicable) Tillsonburg Turtlefest  I acknowledge Delegations are limited to fifteen (15) minutes each. I accept  Brief Summary of Issue or Purpose of Delegation Due to steady rain both Saturday and Sunday, Turtlefest gate receipts at Memorial Park were less than half of budgeted amount resulting in a deficit of $10,000. The Turtlefest Committee is requesting emergency funding from the Town in order to pay its vendors and fulfill its obligations. A more fulsome report will be provided at a future Council meeting.  Will there be a Power Point presentation? No  Have you been in contact with a Staff member regarding the Delegation topic? Yes  If yes, please list the Staff member(s) you have been working with. Cephas Panschow  I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 178 of 376 Report Title Cemetery By-Law # 3640 Violation Report No. RCP 19-33 Author Corey Hill, Manager of Parks & Facilities Paul DeCloet, Chair Parks, Beautification & Cemetery Advisory Committee Meeting Type Council Meeting Council Date July 8, 2019 Attachments  4 Images Page 1 / 3 RECOMMENDATION THAT Report RCP 19-33 Cemetery By-Law 3640 Violation be received; AND THAT Council support the recommendation from the Parks, Beautification & Cemetery Advisory Committee to adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. EXECUTIVE SUMMARY The Parks, Beautification & Cemetery Advisory Committee (PBCAC) recommends that Council adhere to the Cemetery By-Law #3640 and directs the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. BACKGROUND The following background information was presented to the PBCAC committee. On June 11, 2019, Cemetery staff observed a wooden pergola that had been constructed within the Cemetery. The pergola was built over the Lonsbary family monument without prior communication and/or approval from the Town. This issue was reviewed within the Recreation, Culture & Parks Leadership team. On June 12, 2019, Corey Hill, Manager of Parks & Facilities, spoke with Les Lonsbary about the pergola. Mr.Lonsbary acknowledged that he built the structure and that he did not seek prior permission and/or approval from the Cemetery Office or any Town Staff. Staff explained that the pergola was deemed to be “not in keeping with the respect and dignity” of the Cemetery as per Cemetery By-Law #3640, section “F” and as such, requested Mr. Lonsbary to remove the structure. Mr.Lonsbary replied that he would not be removing the pergola and requested the process to challenge the By-Law interpretation. Staff explained that the By-Law permitted Town Staff to remove the structure right away, however given the sensitivity of the location Staff would leave the pergola in place until this matter had been more formally addressed. The matter of the pergola was addressed at the PBCAC meeting on July 4, 2019. Committee members discussed concerns including wanting a consistent look to the Cemetery, that wooden structures and memorial/monuments are not permitted as per the By-Law, that there was no advanced permission and/or approval obtained prior to building the structure, that this may set a Page 179 of 376 Page 2 / 3 precedent and more structures could appear in the Cemetery and that the pergola was not in keeping with the respect and dignity of the Cemetery. The PBCAC passed the following resolution: “THAT The Parks, Beautification & Cemetery Advisory Committee recommends Council adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town”. CONSULTATION/COMMUNICATION The item was reviewed at the PBCAC on July 4, 2019. Mr.Lonsbury was in attendance and was given the opportunity to speak to the PBCAC regarding his interpretation of the Cemetery By- Law #3640 and to address the Committee’s concerns. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 180 of 376 Page 3 / 3 ATTACHMENTS Page 181 of 376 Ministry of the Solicitor General Office of the Fire Marshal and Emergency Management 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1100 Fax: 647-329-1143 Ministère du Solliciteur général Bureau du commissaire des incendies et de la gestion des situations d'urgence 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tél. : 647-329-1100 Téléc. : 647-329-1143 June 25, 2019 Your Worship Stephen Molnar Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G5A7 Dear Mayor: It is the responsibility of municipalities to ensure they are in compliance with the Emergency Management and Civil Protection Act (EMCPA). The Office of the Fire Marshal and Emergency Management (OFMEM) has reviewed the documentation submitted by your Community Emergency Management Coordinator (CEMC) and has determined that your municipality was compliant with the EMCPA in 2018. The safety of your citizens is important, and one way to ensure that safety is to ensure that your municipality is prepared in case of an emergency. You are to be congratulated on your municipality's efforts in achieving compliance in 2018. I look forward to continuing to work with you to ensure your continued compliance in 2019. If you have any questions or concerns about the compliance monitoring process, please contact your Emergency Management Field Officer. Sincerely, Jon Pegg Chief of Emergency Management cc: Jeff Smith - CEMC Christopher Pape - Field Officer - St.Clair Sector Page 182 of 376 July 2, 2019 Town of Tillsonburg Attention: Donna Wilson, Clerk dewilson@tillsonburg.ca RE: County of Oxford – Notice of Passing of Development Charge By-laws Dear Donna: In accordance with O.Reg. 82/98 s. 10 (4) of the Development Charges Act, 1997 c. 27, as amended, attached you will find the notice of passing of development charge by-laws by the Council of the County of Oxford on June 26, 2019. If you have any questions, please contact the undersigned at csenior@oxfordcounty.ca or 519.539.0015 x3001. Yours truly, Chloé J. Senior Clerk Encl. CORPORATE SERVICES 519.539.9800 I 1.800.755.0394 21 Reeve Street, PO Box 1614 Woodstock, ON N4S 7Y3 oxfordcounty.ca Page 183 of 376 Notice of the passing of Development Charge By-Laws TAKE NOTICE that the Council of the County of Oxford passed ten development charge by-laws No. 6021-2019 to 6030-2019 on the 26th day of June, 2019, under section 2 (1) of the Development Charges Act, 1997, S.O., 1997 c. 27, as amended; AND TAKE NOTICE that any person or organization may appeal to the Local Planning Tribunal under section 14 of the Act, in respect of the development charge by-laws, by filing with the Clerk on or before the 5th of August, 2019, a notice of appeal setting out the objection to the by-laws and the reasons supporting the objection. The charges in the aforementioned by-laws will apply to all new residential and non-residential development, subject to certain terms, conditions and limited exemptions as identified therein. County-wide development charges are levied against new development to pay for the increased capital costs related to the provision of such municipal services as library, land ambulance, administration building, waste diversion, roads and related services. Schedule 1 below sets out the development charge rates applicable throughout the County. Area-specific development charges related to the provision of water and wastewater servicing apply to the specified areas of Woodstock, Tillsonburg, Ingersoll, Thamesford, Norwich, Tavistock, Plattsville, Drumbo and Mt. Elgin. All area-specific charges are listed in Schedule 2 below. Key maps are not set out in this notice as the details and scale of such maps would be difficult to reproduce in an accurate and legible form. Map schedules for each applicable service area are attached to the respective by-laws on the County’s website. The development charges imposed under the by-laws come into effect on June 26, 2019, and are calculated and payable on the date of building permit issuance. Copies of the complete development charge by-laws are available for examination during regular business hours (weekdays from 8:00 a.m. to 4:30 p.m.) in the offices of the County located at 21 Reeve Street, Woodstock, and on the website at www.oxfordcounty.ca. For further information, please contact the Clerk’s Office at 519-539-0015, ext. 3001. Chloe J. Senior, Clerk County of Oxford 21 Reeve Street, P.O. Box 1614 Woodstock, Ontario, N4S 7Y3 Dated at the County of Oxford, June 26th, 2019 www.oxfordcounty.ca @OxfordCounty Page 184 of 376 Page 2 Schedule 1 – County-Wide Development Charge Rates RESIDENTIAL DWELLINGS1 NON-RESIDENTIAL2 Service Component Single Detached & Semi Detached APARTMENTS Other Multiples $/sq m of Floor Area Per Wind Turbine 2-Bedroom & Larger Bachelor & 1-Bedroom Administration 93 49 33 58 0.36 93 Land Ambulance 298 159 107 187 1.15 298 Roads & Related 2,650 1,413 956 1,665 10.22 2,650 Waste Diversion 28 15 10 18 0.15 0 Library Service1 410 218 148 257 0.37 0 Total $3,479 $1,854 $1,254 $2,185 $12.25 $3,041 1The charge for library is not applicable in Woodstock 2Industrial buildings exempt Schedule 2 – Area-Specific Development Charge Rates RESIDENTIAL DWELLINGS1 NON-RESIDENTIAL2 Area Service Single Detached & Semi Detached APARTMENTS Other Multiples $/sq m of Floor Area 2-Bedroom & Larger Bachelor & 1-Bedroom Woodstock Water $1,695 $904 $611 $1,065 $6.70 Wastewater $3,054 $1,628 $1,101 $1,919 $11.73 Tillsonburg Water $1,554 $829 $560 $976 $7.25 Wastewater $4,682 $2,496 $1,689 $2,941 $21.85 Ingersoll Water $1,360 $725 $491 $854 $4.52 Wastewater $5,409 $2,884 $1,951 $3,398 $17.99 Thamesford Water $6,124 $3,265 $2,209 $3,847 $20.34 Wastewater $0 $0 $0 $0 $0 Norwich Water $1,635 $872 $590 $1,027 $5.79 Wastewater $7,718 $4,115 $2,784 $4,849 $27.35 Tavistock Water $1,181 $630 $426 $742 $4.15 Wastewater $10,590 $5,646 $3,819 $6,653 $37.18 Plattsville Water $5,399 $2,879 $1,947 $3,392 $25.20 Wastewater $14,034 $7,482 $5,062 $8,817 $65.50 Drumbo Water $0 $0 $0 $0 $0.00 Wastewater $4,005 $2,135 $1,444 $2,516 $10.22 Mt. Elgin Water $5,758 $3,070 $2,077 $3,617 $16.65 Wastewater $59 $31 $21 $37 $0.17 1For exemptions that may apply, check applicable by-laws 2Industrial buildings exempt Page 185 of 376 Report Title Application for Alteration of Property (83 Rolph Street) Report No. CLK 19-18 Author Amelia Jaggard, Legislative Services Coordinator Meeting Type Council Meeting Council Date July 8, 2019 Attachments Attachment A: By-Law 3852 Attachment B: Heritage Permit Application Attachment C: Alteration of Property Flowchart Page 1 / 6 Application for Alteration of Property (83 Rolph Street) RECOMMENDATION THAT Council receive report CLK 19-18 Application for Alteration of Property (83 Rolph Street), as information; AND THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). BACKGROUND At the Regular Council Meeting held on July 14, 2014, the following recommendation from the Heritage, Beautification and Cemetery (HBC) Committee was brought forward for Council’s consideration: THAT Rolph Street Public School is a culturally and historically significant building in the Town of Tillsonburg; AND THAT in the interest of preserving local treasurers, the Heritage, Beautification and Cemetery Committee has identified the school as worthy of heritage designation to preserve the exterior of the building in its current state; AND THAT the Heritage, Beautification and Cemetery Committee recommends Council move forward with the process of designating Rolph Street Public School a heritage site under the Ontario Heritage Act. Council received the committee’s recommendation and approved the steps required to designate the Rolph Street Public School. On October 14, 2014, Council passed By-Law 3852 which designated “Rolph Street Public School” at 83 Rolph Street under Section 29 of the Ontario Heritage Act, R.S. O. 1990 c. O.18, as being of Historic and/or Architectural Value or Interest. On June 6, 2019, the developer of 83 Rolph Street (Rolph Street Public School) contacted the Clerk’s Office requesting to present the proposed alterations to the building at a meeting of the Town’s Cultural, Heritage and Special Awards Advisory Committee. Page 186 of 376 Page 2 / 6 CAO DISCUSSION Section 33 (1) of the Ontario Heritage Act, R.S. O. 1990 c. O.18 (“Act”) sates: No owner of property designated under Section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under Subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration. 2002, c. 18, Sched. F, s. 2 (16); 2005, c. 6, s. 21 (1). When alterations are proposed to a designated property the “Description of Heritage Attributes” (found in Schedule ‘B’ to By-Law 3852) are meant to guide future alterations to the designated property by clearly identifying the heritage attributes of the property that should be protected and conserved. Schedule ‘B’ to By-Law 3852 includes the following list of key attributes of 83 Rolph Street (Rolph Street Public School) that reflect its cultural and historical value within the Town of Tillsonburg: • Original red brick • Original window openings and sills maintained • Original foundation of the building - heavy and thick stone and concrete with a block stone covering • Original stonework around the 4 main entrances with a keystone above the doorways and above the windows at each entrance (front and back of the school) • Original 5 dormers on the third floor overlooking the front of the school • Original chimney work on the roof for the hot water heating system Andrew Teeple of Athon Construction, on behalf of the property owner, presented the proposed alterations to the building located at 83 Rolph Street (Rolph Street Public School) at the Cultural, Heritage and Special Awards Advisory Committee meeting held on Thursday, June 20, 2019. A completed Heritage Permit Application form was submitted and attached to this report including drawings. The property owner is proposing to stand the front three dormers up straight by creating three gable roofs to match the already approved gable roofs on the rear of the building. The other two dormers will be updated to match the original style. The proposed alterations would affect the following two heritage attributes as listed in Schedule ‘B’ to By-Law 3852: • Original window openings and sills maintained • Original 5 dormers on the third floor overlooking the front of the school The Cultural, Heritage and Special Awards Advisory Committee passed the following resolution at their meeting held on Thursday, June 20, 2019: Moved by: Erin Getty Seconded by: Carrie Lewis THAT the committee recommend to Council to consent to the application as presented at the committee’s special meeting on June 20, 2019. Carried. Page 187 of 376 Page 3 / 6 CAO Alteration of Property Process As set out in Section 33 of the Ontario Heritage Act (“Act”), the key steps in the alteration of property process are as follows: 1. Notice of receipt 2. Consultation with Municipal Heritage Committee 3. Decision of council 4. Notice of decision to the owner of the property and to the Ontario Heritage Trust A flowchart outlining the alteration of property process has been attached for information. The Cultural, Heritage and Special Awards Advisory Committee was presented with the proposed alterations to the building located at 83 Rolph Street (Rolph Street Public School) on Thursday, June 20, 2019. Section 33(2) of the Act states that a council may require that an applicant provide any other information or material that the council considers it may need. If additional information is requested by council, then once all information is received, notice of receipt of the complete application shall be served on the property owner. Council then has 90 days after a notice is served on the property owner to: (i) consent to the application, (ii) consent to the application on terms and conditions, or (iii) refuse the application, Council shall serve notice of it decision on the property owner and on the Ontario Heritage Trust. If council fails to notify the owner within the time period determined, council shall be deemed to have consented to the application. If council consents to the application upon certain terms and conditions or refuses the application, the owner may, within 30 days after receipt of the notice, apply to Council for a hearing before the Conservation Review Board (CRB). Next Steps If council is satisfied that a complete application with sufficient supporting information has been received, council may proceed to making a decision on the application in its current state. Option 1 THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). Option 2 THAT Council refuses the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). Page 188 of 376 Page 4 / 6 CAO CONSULTATION The following comments were received from Eric Gilbert, Senior Planner, County of Oxford: The view looking west from Ridout Street to the former Rolph Street Public School was identified as a significant view/vista in the 2012 Central Area Design Study. Section 2.11 of the Study indicates:  Tillsonburg has a wealth of heritage buildings that contribute to its overall character and visual beauty. All new residential buildings, as well as infill projects and renovations should respect, complement and strengthen the heritage fabric of Tillsonburg’s Central Area by using complimentary materials and proportions. Heritage elements should always be retained and/or refurbished when necessary. Section 3.1 of the Study (Renovations/ Additions to Heritage Character Buildings) indicates:  The rich heritage fabric of Tillsonburg’s Central Area is influential in defining the overall character and identity of Tillsonburg. The historic quality should be celebrated and encouraged. Historic buildings should be retained, and when necessary, restoration work should maintain the integrity and intent of the original design. Additions to historic or ‘heritage character’ buildings should undergo a rigorous process of design review in order to ensure they contribute to the character of heritage architecture…  Within all character areas, additions and renovations should maintain existing floor-to- floor heights and should respect the building’s original appearance; The proposed modifications would appear to be in-keeping with the guidelines and recommendations of the Central Area Design Study (2012) for an adaptive re-use of a historically significant building within the Central Area. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 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 189 of 376 Page 5 / 6 CAO 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 190 of 376 Page 6 / 6 CAO Report Approval Details Document Title: CLK 19-18 Application for Alteration of Property (83 Rolph Street).docx Attachments: - Attachment A - By-Law 3852.pdf - Attachment B - Heritage Permit Application - 83 Rolph Street.pdf - Attachment C - Alteration of Property Flowchart.pdf Final Approval Date: Jul 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 2, 2019 - 9:44 AM Page 191 of 376 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3852 A BY-LAW to designate a property as being of Historic and/or Architectural Value or Interest -Rolph Street Public School. WHEREAS Pursuant to Part IV of the Ontario Heritage Act, the Council of a municipality is authorized to enact by-laws to designate a real property, including all or some of the buildings and structures thereon, to be of historic and/or architectural value or interest; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has caused to be served on the owners of the lands and premises at: Lot 761 Plan 500; Part Lot 76, 764A Plan 500 83 Rolph Street Town ofTillsonburg, ON And upon the Ontario Heritage Foundation, notice of intention to designate Rolph Street Public School at 83 Rolph Street, and has caused such notice of intention to be published once in a newspaper having a general circulation in the municipality; AND WHEREAS the reasons for designation are set out in Schedule 'B' attached hereto and forming part of this by-law; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the following real properties, more particularly described in Schedule "A" attached hereto and forming part of this by-law is hereby designated as being of historic and/or architectural value or interest: Rolph StreetPublic School 83 Rolph Street Town of Tillsonburg County of Oxford 2. AND THAT the town solicitor is hereby authorized to cause a copy of this by-law to be registered against the properties described in Schedule 'A' hereto in the property Land Registry Office. Read a First and Second Time this 14 day of October, 2014. Read a Third and Final Time and passed this 14 day of October, 2014 . . · / Mayor-Dav ~,,c:::= - - Clerk -Donna Wilson Page 192 of 376 SCHEDULE 'A' TO BY-LAW 3852 In the Town of Tillsonburg, County of Oxford, property description as follows: Lot 761 Plan 500; Part Lot 763, 764A Plan 500 as in 338169 SIT 438605, A76052 ROLL# 320404004031600 83 Rolph Street Town of Tillsonburg County of Oxford Page 193 of 376 SCHEDULE 'B' TO BY-LAW 3852 REASONS FOR DESIGNATION -STATEMENT OF CULUTRAL HERTIAGE VALUE Rolph Street Public School 83 Rolph Street Circa 1913 Rolph Street public school is recommended for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest, as described in the following Statement of Significance. Description of the property Rolph Street Public School is a three-story building located at municipal address 83 Rolph Street in the Town of Tillsonburg. Statement of Cultural Heritage Value or Interest Rolph Street Public School has significant cultural and historically significance to the Town of Tillsonburg. Built between 1911 and 1913, the current school is on the same parcel of land that the original Rolph Street Public School which was built in 1872. Over the past 101 years, Rolph Street Public School has been home to thousands of school children, many of which still reside within the Town of Tillsonburg. The school serves as a wonderful tool to connect generations of people with shared memories and experiences. In addition to its cultural impact to the community, the school also holds architectural importance with the Town. Being of early 19th century design, the building features bright red bricks, original dormers and window sills, original stonework with keystones above four main entrances, and the original redbrick chimneys. All of these features are exuberated by a high degree of craftsmanship. Description of Heritage Attributes Key attributes of Rolph Street Public School that reflect its cultural and historical value within the Town of Tillson burg includes: • Original red brick • Original window openings and sills maintained • Original foundation of the building -heavy and thick stone and concrete with a block stone covering • Original stonework around the 4 main entrances with a keystone above the doorways and above the windows at each entrance (front and back of the school) • Original 5 dormers on the third floor overlooking the front of the school • Original chimney work on the roof for the hot water heating system The interior of the building is excluded from this designation by-law. Page 194 of 376 Heritage Permit Application Application Information Name: _______________________________________________________ Address: __________________________________ P.O. Box: ___________ Town: __________________________ Province: _________ Postal Code:_________ Phone Number:_____________________ Email:_________________________ Owner Information (if different from applicant) Name:_______________________________________________________ Address: _______________________________________ P.O. Box: ___________ Town: __________________________ Province: _________ Postal Code:_________ Phone Number:_____________________ Email:_________________________ Property Information Municipal Address: __________________________________________________ Required Information: Please select the information that has been attached to this application form. … Detailed description of proposed change(s) … Drawings … Photographs … Other: ____________________ … Other: ____________________ Andrew Teeple (c/o Athon Construction and Development Corp.) 164 Herbert Street Waterloo ON N2J 1T4 519-900-5455 andrew@athon.ca Oxford Lofts Inc. 61 Flanders Dr., Waterdown Waterdown ON L8B 0G6 416-580-0775 timmckillican@gmail.com 83 Rolph Street, Tillsonburg, ON, N4G 3Y2 n n n n Slide Show Page 195 of 376 Applicant’s Acknowledgement The Applicant herby acknowledges that this application and the attached supporting document, information and materials, if any, contains information collected and maintained specifically for the purpose of creating a record available to the general public and is open to inspection by any person during normal office hours pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act; that conceptual development plans and/or drawings submitted with this application are not reviewed for compliance with the Ontario Building Code and/or related regulations; that submission of this application constitutes tacit consent for authorized Town staff representative(s) to inspect the subject lands or premises, and to carry out any inspections, tests and investigations as may be required; that additional fees and/or charges (e.g. building permit fees, parkland dedication fees, development charges) associated with any development approved in conjunction with this application may be required; that additional information and/or materials may be required, and therefore, the application may not be deemed complete, nor processed unless the additional information and/or materials are submitted, Any other approvals required for this undertaking are the responsibility of the applicant. Furthermore, the Applicant also acknowledges that this application is to be used by persons or public bodies as an application for a Heritage Permit. In the application, “subject land(s)” mean the land(s) that is the subject of this application. This application and any attached supporting documentation, contains information collected and maintained specifically for the purpose of creating a record available to the general public and is open to inspection by any person during normal office hours. Personal information on this application is collected under the authority of the Municipal Act, as amended, and the Ontario Heritage Act, as amended, and will be used in the processing of the application for a Heritage Permit. Applicant’s Signature: __________________________ Date: ______________________ Owner’s Authorization If the applicant is not the owner of the land that is the subject of this application, then written authorization by the owner, authorizing the applicant to prepare and submit the application must be attached, or the owner must complete the authorization set out below. I, _______________________, am the owner of the land that is the subject of this application and I authorize ___________________________________ to prepare and submit this application on my behalf. Owner’s Signature: ____________________________ Date: _______________________ The personal information on this form is collected under the legal authority of Section 33(2), Section 42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the purposes of administering the heritage permit application and ensuring appropriate service of notice of receipt under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have any questions about this collection of personal information, please contact the Town of Tillsonburg Clerk’s Office at 519- 688-3009. June 27, 2019 Timothy McKillican Andrew Teeple June 27, 2019 Page 196 of 376 Heritage Application Preservation and Restoration of 83 Rolph Street This application is to detail the proposed modifications to certain heritage elements at 83 Rolph Street. These proposals have been brought before the Planning Department as well as the Cultural, Heritage and Special Awards Advisory Committee. After a thorough review of the proposed modifications support has been unanimous and we are confident this is the correct direction for the building’s future while respecting it’s past. Below is a condensed application that excludes the additional efforts being made on the building and only speaks to the specifically identified heritage elements contained within the associated by-law (By-Law 3851). Proposal #1 By-Law 3851 identifies 6 items as heritage attributes. The following proposal would impact only part of one of the attributes. That attribute is “Original 5 dormers overlooking the front of the school.”. This is referring to the 5 rounded dormers facing Rolph Street (Figure 1) with vertical gable windows (Figure 2). Figure 1 – Rounded dormers Page 197 of 376 Figure 2 – Side view of rounded dormers Three of the five rounded dormers are located within three angled (45 degree) dormers (Figure 3 and Figure 4). Figure 3 – Rounded gable dormers within slanted dormers Gable End Page 198 of 376 Figure 4 – Angle of 3 slanted dormers It is proposed that the 45 degree angle of the three front dormers be modified to match the 90 degree angle of the 5 existing rounded dormers on the front of the building (Figure 5). Figure 5 - Proposed matching dormer angle of existing rounded gable dormers The 2 rounded dormers would be preserved within their natural architectural compartments which contain similar rounded windows and archways (Figure 6): Page 199 of 376 Figure 6 - Round dormers remaining in keeping with their building compartments The other 3 dormers would be modified to better match their architectural compartments by selecting matching rectangular vertically operated windows to those areas (Figure 7): Figure 7 - Proposed rectangular vertical windows matching their compartments Page 200 of 376 The dormers, heritage styling, and window configurations would be made to match the current approved rear elevation (Figure 8). Figure 8 – Approved Rear Elevation The current approved rear elevation has several modern skylights proposed but is being redesigned to avoid these and incorporate matching heritage style vertical windows. These will be designed to match the rectangular style of the rear entrances. However, these modifications do not impact any heritage elements of the building and occur only on the rear of the building. A sample proposed rear elevation has been provided in Figure 9 for information purposes. Page 201 of 376 Figure 9 - Proposed rear elevation - no heritage elements impacted There are many reasons for these proposed modifications; a short list has been provided below: 1. Heritage styled vertical windows avoid using modern looking skylight windows within those areas (as currently approved). 2. The vertical style of square window matches the existing style of windows. 3. This window style will allow for those units to receive natural daylight compliant with the Ontario Building Code. 4. Vertical windows are easier and safer to operate for residents. 5. Vertical windows avoid leaks and water damage common with skylights. 6. Vertical windows are more energy efficient. 7. Vertical widows allow for proper blinds to control the residents lighting needs. 8. This window configuration will create wonderful views for the community residents to see and appreciate the downtown core. 9. Restructuring the roof like this will prevent clearance issues where the new structural steel is required. Summary Proposal #1: It is proposed that the three large front angled dormers be modified to be vertical gable ends. The existing three rounded windows in these areas would be replaced with matching rectangular heritage style windows. Page 202 of 376 Proposal #2 The following proposal would not directly impact any of the heritage attributes but would supplement the existing design of one component. That attribute is “The original stonework around the 4 main entrances with a keystone above the doorways and above the windows at each entrance (front and back of the school)”. The current approved design has both the north and south entrances of the building being closed off (Figure 10) using modern spandrel glass systems. Figure 10 - Approved elevation It is proposed to keep the existing south principal entrance and to keep all of the existing heritage elements of the north entrance (Figure 11). However, additional stonework is being propose through the lower portion of the north entrance which would properly frame the window above and below. The stonework would attempt to match the existing heritage cornerstones (Figure 12): SOUTH NORTH Page 203 of 376 Figure 11 - Proposed front elevation Figure 12 - Proposed North Entrance Stonework SOUTH NORTH Page 204 of 376 The purpose of this modification is to properly frame the beautiful existing heritage arched window and the lower window while avoiding the use of modern spandrel glass systems as is currently approved. The principal benefits of this design are: 1. Matching the heritage architecture 2. Improve security and privacy by preventing people from mistaking the windows for doors and approaching private unit windows 3. Improved energy efficiency. 4. Improved fire and sound ratings between the units below and above. Summary Application Proposal: It is proposed that the North Heritage Arch have additional stonework added to pass through the lower portion separating the two levels. Page 205 of 376 Proposal #3 The following proposal relates to the heritage by-law attribute “The original red brick”. The proposal refers to the miscellaneous technical (mechanical, electrical, structural, etc.) changes being made to the brick. There are great efforts being made through the conversion to reduce or eliminate visible façade penetrations where possible. Where this is not possible the brick will be penetrated to mount a new hydro service, light fixtures, security cameras, key boxes, signage, mechanical vents, etc. The red brick will not be painted or otherwise defaced. Where possible penetrations will be minimized, hidden from direct view, matched to the colour scheme, screened, and always carefully performed. Summary Proposal: It is proposed that the building have additional mountings and penetrations on the red brick exterior to accommodate the legal and technical requirements of the renovations. Page 206 of 376 Application Summary: All of the proposals detailed herein are more expensive and complex than the approved alternatives. However, they have been designed to enhance and extend the high degree of craftsmanship and architectural design into the building’s new life as housing for the community. In summary it is proposed that: 1. the three large front angled dormers be modified to be vertical gable ends. The existing three rounded windows in these areas would be replaced with rectangular heritage style windows; 2. the North Heritage Arch have additional stonework added to pass through the lower portion separating the two levels; 3. that the building have additional mountings and penetrations on the exterior red brick to accommodate the legal and technical requirements of the renovations. Page 207 of 376 Designating Heritage Properties • Appendix: Flowcharts 39 6. Alteration of Property (Section 33 of the Ontario Heritage Act) Council/delegate consults with MHC Council/delegate Decision: Consent to application? Notice of Decision to Consent (including any terms and conditions): 1. Served on property owner 2. Published in newspaper Property cannot be altered Notice of Decision to Refuse 1. Served on property owner 2. Published in newspaper YES YES Council/delegate Decision* within 90 days: Consent to application? Notice of Decision to Refuse 1. Served on property owner 2. Published in newspaper (if CRB hearing has taken place) Notice of Hearing published in newspaper YES NO NO Property owner application to Council/delegate Property can be altered (in accordance with any terms and conditions) Property can be altered (in accordance with any terms and conditions) Notice of Decision to Consent (including any terms and conditions): 1. Served on property owner 2. Published in newspaper (if CRB hearing has taken place) Notice of Hearing published in newspaper Objection referred to CRB for hearing CRB hearing and report Council/delegate considers CRB Report NO YES Property cannot be altered Council/delegate considers CRB Report Objection referred to CRB for hearing CRB hearing and report NO Notice of Receipt: 1. Served on property owner * Council/delegate decision final where CRB hearing has taken place Property owner objection within 30 days? Property owner objection to terms and conditions within 30 days? Page 208 of 376 Report Title Community Improvement Plan Application – 95 Spruce St Report No. DCS 19-17 Author Cephas Panschow Meeting Type Council Meeting Council Date JULY 8, 2019 Attachments CIP Application Page 1 / 6 RECOMMENDATION THAT Council receive Report DCS 19-17 Community Improvement Plan Application – 95 Spruce St; AND THAT the 95 Spruce Street property be approved for $100,000 in funding through the Town’s Community Improvement Plan to encourage redevelopment of the property subject to a funding agreement being brought back to Council for consideration; AND THAT funding be provided through the Tax Rate Stabilization Reserve. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval for a Community Improvement Plan application received from Inovata Foods Corp for their 95 Spruce St facility in Tillsonburg. The application is for enhancements to their wastewater management system, which will reduce impacts to the Tillsonburg Waste Water Treatment Plant while retaining existing jobs in the community and supporting the ongoing growth and diversification of a local food processing company. BACKGROUND Inovata Foods Corp (Tillsonburg) is a manufacturer of frozen food entrees that was established in Tillsonburg in 1989 as Otter Valley Foods. They are Tillsonburg’s longest standing food processing company and they employ approximately 214 people, which makes them Tillsonburg’s largest food processor and within the top five largest private sector employers within the community. Inovata’s products are sold to major grocery chains and their lasagna, cabbage rolls and Shepherd’s Pie entrees (among others) can be found in local stores. Since Inovata Foods Corp purchased the former Otter Valley Foods in 2013, they have invested significantly in technology and process improvements to both modernize the facility and to support increased product diversification. In 2017, they were successful in securing $975,000 in Federal Government funding through FedDev Ontario’s Investing in Business Growth and Productivity Initiative. This funding supported an overall investment of $3.9 Million to add a new production line and install a second freezer. Page 209 of 376 Page 2 / 6 The current application is for funding to support enhancements to Inovata’s waste water management system, which will have the added benefit of reducing impacts to the Tillsonburg Waste Water Treatment Plant. Inovata has been experiencing challenges in the waste flows they produce and this has downstream impacts on the Waste Water Treatment Plant. They have been working over the past years to rectify this problem, which has been found to be due to both the products they produce and the cleaning products used. While they have been able to find ways to improve their operations to reduce this impact, a more permanent solution is required. Inovata Foods Corp has an existing Over-Strength Wastewater Agreement with the County of Oxford, who is the operating authority for the Tillsonburg Water and Waste Water systems. This Over-Strength Agreement enables them to discharge higher levels of waste into the Waste Water Treatment System. The proposed solution (see Schedule A for design concept) involves installing two tanks and related connections that will enable the pH levels to be balanced and the second to reclaim water used to cook their pasta products. The estimated capital investment is approximately $250,000 and Inovata has provided a detailed budget including multiple cost estimates for various components needed for the enhancements. The funding application is specifically to:  Install a pH balancing system including related pumps, instruments, plumbing and controls to enable continuous control of effluent pH levels; and,  Install a storage tank and related pumps, instruments, plumbing and controls to enable reclamation of blancher waste water for reuse. The Food Processing sector is a key sector for the Town of Tillsonburg in terms of diversifying and growing our local economy and supporting this investment will enable the growth of a food processing business and employment in the Town. Section 1.2.4 of the Town’s Community Improvement Plan program outlines the policies included in the County’s Official Plan that are intended to direct County and Area Municipal actions regarding upgrading, redeveloping and rehabilitating the physical environment of existing, older residential neighbourhoods, ancillary open space and recreational areas, commercial centres and industrial areas. The policies are intended to guide both private and public community improvement activities within designated community improvement project areas and are premised on a number of goals, including:  The upgrade and improvement of municipal hard services, social and recreational facilities and public utilities;  The preservation and upgrade of older residential neighbourhoods and settlements;  The strengthening of existing central areas;  The improvement of existing industrial areas by encouraging further development and redevelopment; Further, Section 2.3 of the Town’s Community Improvement Plan outlines the goal of encouraging long-term investment that improves the economic climate of the Town. Page 210 of 376 Page 3 / 6 In reviewing this application, staff believe that it merits support as it:  Meets the primary intent of the Town’s Community Improvement Plan, which is: o “…to promote and encourage renewal, redevelopment and rehabilitation within the key areas of the Town requiring investment” o “…the upgrade and improvement of municipal hard services” and “improvement of existing industrial areas by encouraging further development and redevelopment”; o Supports the retention of over 200 jobs in the key Food Processing sector; and, o Allows for future growth and diversification of the company. The application has requested the following investment support: Program Analysis General CIP Guidelines Recommended for approval as it fits within the intent of the Town’s CIP program, but requires specific Council approval as it is a unique application. Permit Fee Grant Back Recommended for approval Should Council support the recommendation, staff would prepare an agreement, including specific terms relating to the provision of funds, which would be brought back to Council for approval. CONSULTATION/COMMUNICATION The new Community Improvement Plan was developed through extensive consultation and input from the Development Committee and the community. There is no public consultation review process for the approved Community Improvement Plan. FINANCIAL IMPACT/FUNDING SOURCE To date, Council has approved the following Community Improvement Plan applications in 2019: Address Permit Fee (Estimated) Rebate (Estimated) Anticipated Budget Impact 165 Broadway N/A $3,000 $3,000 The approved 2019 Economic Development & Marketing Budget included $20,000 in funding for the Community Improvement Plan. Based on the approved applications, there is approximately $17,000 remaining in the 2019 budget. Page 211 of 376 Page 4 / 6 The application is for 50% funding of the $250,000 amount or $125,000. Additional funding will be required. The Town has funds that were previously allocated for industrial development support and that have been earmarked for this purpose. Staff are recommending that this application request be funded in the amount of $100,000 from those earmarked funds within the Tax Rate Stabilization Reserve. COMMUNITY STRATEGIC PLAN 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 212 of 376 Page 5 / 6 Schedule A – Inovata Foods Corp Wastewater Management Design Concept Page 213 of 376 Page 6 / 6 Report Approval Details Document Title: Report DCS 19-17 Community Improvement Plan Application - 95 Spruce St.docx Attachments: - Application-95 Spruce St.pdf - Application-95 Spruce St-pH_and_BoD_Project_Budget.xlsx Final Approval Date: Jul 3, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 3, 2019 - 9:32 AM Page 214 of 376 Page 215 of 376 Page 216 of 376 Page 217 of 376 Page 218 of 376 Page 219 of 376 Page 220 of 376 Page 221 of 376 Page 222 of 376 Report Title Downtown Retail Gap Analysis Report No. DCS 19-18 Author Cephas Panschow Meeting Type Council Meeting Council Date JULY 8, 2018 Attachments Downtown Retail Gap Analysis Implementation Summary Page 1 / 8 RECOMMENDATION THAT Council receive Report DCS 19-18 Downtown Retail Gap Analysis; AND THAT the Retail Gap Analysis for the Downtown be approved in principle to guide future downtown marketing and business attraction initiatives in partnership with the Business Improvement Association. EXECUTIVE SUMMARY The purpose of this report is provide an overview of the Downtown Retail Gap Analysis and to seek approval in principle for the opportunities and next steps contained therein. If approved, the study will be incorporated into future Departmental Business Plans for both the Town and the Business Improvement Association. BACKGROUND The 2018 Business Plan and Budget included $2,000 in funding to support Downtown Revitalization initiatives and these were identified to be completed in conjunction with the Business Improvement Association (BIA). 2018 was a year of transition for the BIA; however, staff identified the priority of conducting a formal retail gap analysis for the downtown and obtained quotations for the analysis in the fourth quarter. The 360 Collective were retained to complete the analysis. The 360 Collective is a consulting firm that offers market research, urban planning and retail consulting services. They have three decades of global experience as strategists, marketers, planners, researchers, brokers and retailers serving traditional and non-traditional retail sectors, communities, development and real estate. They develop strategies for:  Business Districts  Farmers Markets  Food Service  Municipal  Public Markets  Real Estate Page 223 of 376 Page 2 / 8  Retail  Retail Services  Tourism The primary project objective was to identify the retail offerings that are missing in the Downtown Tillsonburg marketplace. The methodology for the Retail Gap Analysis was:  A Market Profile of Tillsonburg and area;  A Socio-Economic Profile of Tillsonburg and area;  A Retail Supply Inventory;  A Retail Visitation Profile;  A Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis; and,  Next Steps. The Market/Socio-Economic profiles were based on a 10 Minute Walk Time, a 5 Minute Drive Time, the Town of Tillsonburg boundaries and a truncated 30 Minute Drive Time areas as shown below. Page 224 of 376 Page 3 / 8 Some of the key findings from the analysis were:  There is a growing population within a 10 minute walk of the Downtown;  Downtown retailers benefit from a Daytime Working population of 4,751 people within 10 minutes of the Downtown and a combined worker population of 9,000 people when nearby industrial areas are included;  The age profile skews towards senior categories with families that are aging in place, empty nesters, and retirees, but there are a growing number of young families living in the trade areas as well;  The higher number of retirees and seniors corresponds with a high proportion of single person households. This is followed by a high proportion of empty nesters or two-person households;  14% of residents within a 10 minute walking distance of Downtown walk to work supporting the notion of people opting to live, work, and play in close proximity;  Many expenditures by households in the 10-minute walking trade area and the 5-minute drive time trade area are lower than the average based primarily on lower average household incomes;  Households in Tillsonburg spend a higher than average proportion of their budget on: o Home: both large and small purchases including grocery items and alcohol, cut flowers and home furnishings to appliances and outdoor supplies o Entertaining: going out for small snacks, cafes, socializing, personal care services, and gifts for others o Seniors: health care goods and services  Vacancy is low (estimated at 2.5%);  High proportion of services including professional and medical – provides a source of visitor traffic to other businesses in Downtown but does occupy some prime retail spaces  Policies that have ensured offices and administrative offices to locate in Downtown have been successful at ensuring there is daytime traffic for the businesses.  There are a few emerging ‘clusters’ of businesses – home décor for example but they have not located near to each other for ease of shopping.  According to the Downtown BIA, hours of operation especially amongst independent retailers is a cause for some retail sales leakage. Other causes are the lack of some discount and value oriented retailers;  Saturday is the biggest shopping day in Downtown and this is followed closely by weekday evening visitation;  There is a fairly good visitation to the weekday restaurants and cafes primarily from the local area daytime workers. Page 225 of 376 Page 4 / 8 The analysis includes an overview of the opportunities for the downtown as follows: Page 226 of 376 Page 5 / 8 Page 227 of 376 Page 6 / 8 CONSULTATION/COMMUNICATION The Retail Gap Analysis was presented to the Development Committee at their February 12, 2019 and March 21, 2019 meetings along with a summary of the report’s recommendations and actions that are already underway. The draft report was circulated to the Chair and Executive Director of the Downtown Business Improvement Association and their comments were reviewed and incorporated into the final report. The BIA Board of Management received the report at their March 21 meeting and passed the following resolution at their April 25th, 2019 meeting: Moved by: M. Rosehart and Seconded by: D. Gilvesy and resolved that the BIA Board of Management adopts the Downtown Tillsonburg Gap Analysis Report and further that the ED and EMC report back to the board on an implementation plan for next steps during balance of 2019; and add 2-3 strategic imperatives to the 2020 work plan. It has been suggested that the Town, BIA and Tillsonburg District Real Estate board could work together to achieve the various aspects recommended as opportunities or next steps within the report. If approved, this will be explored further. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts related to this report. If the report is approved, there could be minor financial impacts related to implementing the report but these would be brought forward in future departmental and/or BIA Business Plans. COMMUNITY STRATEGIC PLAN 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community Page 228 of 376 Page 7 / 8 ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 229 of 376 Page 8 / 8 Report Approval Details Document Title: Report DCS 19-18 Downtown Retail Gap Analysis.docx Attachments: - Retail_Gap_Analysis-F(Feb6,19).pptx - Retail_Gap_Analysis-Implementation_Planning(070819).docx Final Approval Date: Jul 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 2, 2019 - 9:35 AM Page 230 of 376 1 DOWNTOWN TILLSONBURG RETAIL GAP ANALYSIS February 2019 360 Collective and Page by Page Consulting 99 Ivy Ave Toronto ON M4L 2H8 www.360collective.co 647 339 9008 Page 231 of 376 2 Contents 1.Market Profile 2.Socio-Economic Profile 3.Retail Supply Inventory 4.Retail Visitation Profile 5.SWOT 6.Next Steps Page 232 of 376 3 Market Audit -profile Socio-Economic Profile Trade Areas •10 Minute Walk Time: 800 m radius •5 Minute Drive Time 10 MINUTE WALK TIME 5 MINUTE DRIVE TIME Page 233 of 376 4 Market Audit -profile Socio-Economic Profile Trade Areas •10 Minute Walk Time: 800 m radius •5 Minute Drive Time •30 Minute Drive Time (Truncated for man made barriers) 30 MINUTE DRIVE TIME (truncated) 10 MINUTE WALK TIME 5 MINUTE DRIVE TIME Page 234 of 376 5 10 MINUTE WALKING DISTANCE 5 MINUTE DRIVE TIME TOWN OF TILLSONBURG 30 MINUTE DRIVE TIME (TRUNCATED)ONTARIO Population 2018 3,324 14,770 16,318 61,495 14,279,818 Annual Growth Rate 2011 to 2016 0.2%0.8%0.9%0.8%1.5% Persons Per Household 1.9 2.14 2.17 2.62 2.56 Daytime Worker Population 4,751 8,867 9,138 19,709 6,960,297 AGE PROFILE 0 to 9 8%9%9%13%10% 10 to 19 8%10%10%13%11% 20 to 29 10%11%11%13%14% 30 to 39 10%10%10%11%13% 40 to 49 10%11%11%11%13% 50 to 59 12%14%13%14%15% 60 to 69 13%14%14%12%12% 70+30%22%21%13%12% Median Age 54.1 49.4 48.7 40.0 40.9 HOUSEHOLD SIZE 1 Person 45%33%32%24%26% 2 Person 36%40%40%38%33% 3 Person 9%12%13%14%16% 4+ Person 10%15%15%24%25% Key Findings: •There is a growing base of residents within an easy 10-minute walking distance of Downtown Tillsonburg. •The primary trade area is similar to the 5-minute drive time, which is similar to the boundaries for the Town of Tillsonburg. There are over 16,000 residents in the Town of Tillsonburg. •Within a 30-minute drive time (truncated) there is a catchment trade area of approximately 60,000 residents. •In addition, Downtown retailers benefit from approximately 4,751 daytime workers within an easy walking distance as well as over 9,000 day time workers in Downtown and nearby industrial/commercial areas. •The age profile skews heavily senior based on those families that are aging in place, empty nesters, and retirees. There are a growing number of young families living in the trade areas as well . •The higher number of retirees and seniors corresponds with a high proportion of single person households. This is followed by a high proportion of empty nesters or two-person households. Source: Statistics Canada, 2016 Census, Environics 2018 Est. Market Audit -profile Socio-Economic Profile Page 235 of 376 6 Market Audit -profile Socio-Economic Profile Town of Tillsonburg Age Profile 2011 and 2018 Source: Statistics Canada, 2011 2016 Census, Environics 2018 Est. 0 500 1000 1500 2000 2500 3000 3500 4000 0 to 9 10 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70+ 2011 2016 2018 Salient Findings: •The age profile skews older as both the baby boomer residents are aging in place and new residential has been built to cater to this demographic. •Generally, the Tillsonburgage trends follow the Ontario age trends of a growing baby boomer generation, a smaller Gen X (40 to 55), a growing Millennial (22 to 39), and a smaller Gen Z (teenager) population •The recent baby boom of Millennials entering parenthood hasn’t affected the Tillsonburg population yet. Page 236 of 376 7 Key Findings: •Most residents have a college degree or a diploma. This matches the higher proportion of residents who work in blue collar professions. •Household income in Tillsonburg is similar to the local areas. However, near Downtown the higher proportion of fixed income seniors skews the household income lower. •The real rate of household income growth excluding inflation has been growing annually at 1.3% which is a positive indicator for retail growth opportunities. •It is interesting to note that 14% of residents within a 10 minute walking distance of Downtown walk to work supporting the notion of people opting to live, work, and play in close proximity. 10 MINUTE WALKING DISTANCE 5 MINUTE DRIVE TIME TOWN OF TILLSONBURG 30 MINUTE DRIVE TIME (TRUNCATED)ONTARIO EDUCATION AND OCCUPATION Less than High School 28%24%23%31%18% High School Graduate 31%28%28%27%25% College, Diploma 31%32%32%29%25% Bachelor Degree or Higher 10%16%17%13%32% Labour Force Part. Rate 51%60%60%55%62% Mngt., Business, Admin 11%16%18%18%26% Health, Science, Ed. Govt 17%22%22%18%28% Arts, Culture, Recreation 3%2%2%2%3% Sales and Services 24%21%20%16%23% Trades and Transport 21%19%18%24%13% Primary 8%5%4%10%2% Processing, Mfg 14%14%14%11%5% COMMUTE TO WORK Vehicle 85%94%94%93%77% Pulbic Transit 1%1%1%1%15% Walk 13%4%4%4%5% Other 1%1%1%2%3% HOUSEHOLD INCOME Average HH Income $67,339 $84,280 $86,339 $85,798 $106,524 An. Real Growth in HH Inc.1.4%1.3%1.3%1.4%1.3% Source: Statistics Canada, 2016 Census, Environics 2018 Est. Socio-Economic Profile Market Audit -profile Page 237 of 376 8 Key Findings: •Due to the higher proportion of seniors, there are a significant proportion of households that do not own their home but live inretirement or assisted living developments. •Correspondingly, there is a higher proportion of females to males as women often make up a higher proportion oF assisted living residents. •The segmentation of the households reveals a mix of retirees, lower to middle income workers, and older middle-income households. •It is noted there there are a large number of rooming type houses for temporary farm workers primarily in the 30 minute drive time trade area. 10 MINUTE WALKING DISTANCE 5 MINUTE DRIVE TIME TOWN OF TILLSONBURG 30 MINUTE DRIVE TIME (TRUNCATED)ONTARIO Housing Tenure Own/Rent 49% / 51%67% / 33%70% / 30%76% / 24%69% / 31% Gender Male/Female 46% / 54%48% / 52%48% / 52%50% / 50%49% / 51% Mobility Mover within 5 years 35%35%34%31%38% Marital Status Single, Never Married 21%20%20%23%28% Married, Common Law 50%59%60%62%57% Div, Sep, Widowed 29%21%20%15%15% Prizm Segment Heartland Retirees 10%12%12%4%2% Sunset Towers 17%12%11%4%3% Lunch at Tim's 20%11%11%8%5% Serenity Springs 8%10%10%9%2% Second City Retirees 3%8%9%3%4% Fresh Air Families 2%5%8%3%4% Source: Statistics Canada, 2016 Census, Environics 2018 Est. Socio-Economic Profile Market Audit -profile Page 238 of 376 9 HEARTLAND RETIREES SUNSET TOWERS LUNCH AT TIM’S SERENITY SPRINGS SECOND CITY RETIREES FRESH AIR FAMILIES % of Tillsonburg Pop.12%11%11%10%9%8% AVERAGE HH INCOME $81,015 $43,8419 $64,713 $77,040 $100,147 $113,003 OWN/RENT OWN RENT OWN OWN/ RENT OWN OWN SHOPPING •Enjoy rural life but like access to larger shopping areas •Very good at buying online •Shopping is purposeful and utilitarian •Like to go out to local bar •Support ethical companies •Like to hang out in stores such as Home Hardware and local pharmacy to socialize •Lower income •Bargain hunters •Search and collect loyalty programs •Bargain hunters •Bulk food •Discount stores •Dinner theatre •Very locally minded •Community theatre and night out •Spend on vacations, cruises, dining out, coffee place/café •Visit home improvement stores often •Energy conscious •Somewhat tech savvy but do like in-store help and assistance •Want to buy products related to their personal interests •Big box •Discount grocers •Eat out on a regular basis •Equip family rooms with high tech entertainment •Travel to Florida and East Coast •Source: Statistics Canada, 2016 Census, Environics 2018 Est. Socio-Economic Profile Market Audit -profile Page 239 of 376 10 HEARTLAND RETIREES SUNSET TOWERS LUNCH AT TIM’S SERENITY SPRINGS SECOND CITY RETIREES FRESH AIR FAMILIES % of Tillsonburg Pop.12%11%11%10%9%8% AVERAGE HH INCOME $81,015 $43,8419 $64,713 $77,040 $100,147 $113,003 OWN/RENT OWN RENT OWN OWN/ RENT OWN OWN ATTITUDES •Higher % of Baby Boomers •Unpretentious •Blue collar or agriculture occupations •Child free so more time for other activities •Like outdoors and nature – parks, fishing, cottage, •Very community minded, traditional values that support country life but not closed minded •Retirement or modest pension •Unpretentious •Hobbies – sewing crafts, collecting •Casino, bingo •Enjoy the slower pace of things •Low tech engagement •Tight knit communities •Enjoy socializing •Casino •Like to look good •Want to get away and will go to vacations •Trust small businesses •Retirement AND Age in place singles and couples •Support local •Go on Staycations •Not online, not tech savvy •Like to read •Generous donors and give to charities •Want to live healthy lives •Very rational and logical in buying decisions •Religious and moral oriented •Older and mature couples •Had worked for companies with good pensions –mfg, govt, teaching, nursing, etc. •Go on cruises •Cottages •Hobbies –golf, gardening, kayak •Focus is on their home and community •Want to leave a legacy behind •Believe Canadian ideals of work hard •Middle aged with children •Dual income households •Solid, upper middle income lifestyle •Have a financial planner to help them •Like small businesses •Very Canadian •Old fashioned •Source: Statistics Canada, 2016 Census, Environics 2018 Est. Socio-Economic Profile Market Audit -profile Page 240 of 376 11 HEARTLAND RETIREES SUNSET TOWERS LUNCH AT TIM’S SERENITY SPRINGS SECOND CITY RETIREES FRESH AIR FAMILIES % of Tillsonburg Pop.12%11%11%10%9%8% AVERAGE HH INCOME $81,015 $43,8419 $64,713 $77,040 $100,147 $113,003 OWN/RENT OWN RENT OWN OWN/ RENT OWN OWN LEISURE •Camping, gardening, motorcycles, pickups, powerboats, snowmobiles •Hobbies –bird watching, cross country skiing •Hobbies •Crafts •Casino •Go to baseball game •Hobbies – knitting, woodworking, crafts •Curling •Auto racing •Men go fishing or snowmobiling •Women sew or garden •Go too outdoor and RV shows •Community and faith based activities •Outdoors, fishing, boating, canoeing, camping, boats, motorcycles, pick ups •Crafts –knitting Source: Statistics Canada, 2016 Census, Environics 2018 Est. Socio-Economic Profile Market Audit -profile Page 241 of 376 12 10 MINUTE WALKING DISTANCE 5 MINUTE DRIVE TIME TOWN OF TILLSONBURG 30 MINUTE DRIVE TIME (TRUNCATED)ONTARIO AVERAGE HOUSEHOLD INCOME $67,339 $84,280 $86,339 $85,798 $106,524 Local Neighbour Goods Food from Grocery Stores $5,672 $6,707 $6,836 $7,438 $8,118 Health Care and Pharmacy $2,271 $2,586 $2,628 $2,680 $3,010 Alcohol Purchased from Stores $1,011 $1,306 $1,335 $1,182 $1,524 Retail Merchandise Women's Clothing and Accessories $1,084 $1,468 $1,512 $1,504 $1,979 Men's Clothing and Accessories $581 $795 $818 $908 $1,200 Children's Clothing $35 $42 $44 $54 $65 Home Furnishings $871 $1,028 $1,061 $1,143 $1,650 Nursery Flowers $169 $224 $234 $229 $226 Pet Food $271 $369 $382 $452 $317 Gifts $505 $550 $556 $541 $472 Leisure Retail $352 $493 $508 $532 $646 Electronics $526 $704 $727 $735 $1,024 Appliances $451 $567 $590 $685 $602 Home Improvement $103 $145 $157 $250 $166 Source: Statistics Canada, 2016 Census, Environics 2018 Est.* Very high HH income expenditure compared to Ontario Trade AreaMarket Audit -profile Household Expenditure Profile Page 242 of 376 13 10 MINUTE WALKING DISTANCE 5 MINUTE DRIVE TIME TOWN OF TILLSONBURG 30 MINUTE DRIVE TIME (TRUNCATED)ONTARIO AVERAGE HOUSEHOLD INCOME $67,339 $84,280 $86,339 $85,798 $106,524 Food Services Dinner at Restaurants $1,486 $1,815 $1,850 $1,858 $2,533 Lunch at Restaurants $809 $980 $996 $1,003 $1,363 Breakfast at Restaurants $240 $286 $288 $296 $361 Snacks and Beverages $514 $594 $601 $579 $547 Alcohol Serviced on Premises $466 $601 $616 $438 $767 Services Clothing Services $116 $99 $99 $72 $219 Packaged Travel $145 $123 $164 $389 $648 Recreation Memberships $238 $361 $375 $325 $502 Personal Care $495 $616 $632 $606 $755 Movies $62 $86 $87 $68 $88 Live Sporting Events $10 $13 $14 $18 $42 Live Performing Arts $45 $53 $57 $75 $118 Museums $50 $67 $71 $64 $93 Source: Statistics Canada, 2016 Census, Environics 2018 Est.* Very high HH income expenditure compared to 30 Min Trade AreaMarket Audit -profile Household Expenditure Profile Page 243 of 376 14 Key Findings: •Many expenditures by households in the 10-minute walking trade area and the 5-minute drive time trade area are lower than the average based primarily on lower average household incomes. •To understand the character and shopping behaviour of the trade area residents an analysis of household expenditures of each trade area compared to the Ontario average was conducted. Second, the index was compared to household incomes to determine if a greater proportion of the budget was spend on each commodity listed. •For example, households in the 5 minute drive time spend $6,707 annually on food from grocery stores. This is 83% of the average household for Ontario. However, because the average household income of the 5 minute drive is $84,280 or 79% of the Ontario average, it is clear that households in the 5 minute drive time spend a higher proportion (83% compared to 79%) of their budget on food from grocery stores compared to the average Ontario household. •Based on this analysis, households in Tillsonburg spend a higher than average proportion of their budget on: •Home: both large and small purchases including grocery items and alcohol, cut flowers and home furnishings to appliances and outdoor supplies •Entertaining: going out for small snacks, cafes, socializing, personal care services, and gifts for others •Seniors: health care goods and services Market Audit -profile Household Expenditure Profile Page 244 of 376 15 Downtown Tillsonburg Retail Supply Inventory –December 2018 Page 245 of 376 16 Supply –Downtown Tillsonburg Retail Inventory Area Inventory Methodology •Baseline data from the Town •Physical inventory based on a site visit in Dec 2018 •Actual square footages from leasing material of Strathallenleasing material •Other retailers are estimated •Includes ground level businesses and easily accessible retail spaces Market Audit -profile Downtown Retail Study Area Downtown BIA and CIP Page 246 of 376 17 NO. OF BUSINESSES % OF TOTAL EST. SF % OF TOTAL RETAIL MERCHANDISE Furniture and Home Furnishings 5 2.8%17,264 2.8% Electronics and Appliances 9 5.0%11,958 1.9% Home Improvement, Building Supplies 1 0.6%1,300 0.2% Clothing and Accessories 14 7.8%35,156 5.7% General Merchandise 3 1.7%146,366 23.5% Leisure Retail 9 5.0%16,666 2.7% Other Retail 6 3.3%25,183 4.1% TOTAL RETAIL MERCHANDISE 47 26.1%253,893 40.8% FOOD AND DRUG RETAIL Food and Beverage 7 3.9%46,471 7.5% Health, Pharmacy 4 2.2%23,426 3.8% TOTAL FOOD AND DRUG RETAIL 11 6.1%69,897 11.2% EATING ESTABLISHMENTS 16 8.9%40,553 6.5% OTHER SERVICES Personal Services 18 10.0%24,398 3.9% Financial 7 3.9%29,170 4.7% Recreation 2 1.1%2,100 0.3% Professional Services 32 17.8%74,923 12.1% Medical Services 23 12.8%69,476 11.2% Other Services 15 8.3%41,399 6.7% TOTAL OTHER SERVICES 97 53.9%241,466 38.8% TOTAL OCCUPIED 171 95.0%605,809 97.5% VACANT 9 5.0%15,780 2.5% TOTAL 180 100.0%621,589 100.0% Supply –Downtown Tillsonburg Retail Inventory Area Key Findings •Vacancy is low, 2.5% •Retail merchandise is the dominant category due to large format stores, skews the analysis •High proportion of services including professional and medical –provides a source of visitor traffic to other businesses in Downtown but does occupy some prime retail spaces •Good proportion of food and drug retailers but opportunity for more growth •Lower proportion of eating establishments than in other Downtowns but there is good range of chains and independents •New developments will add more SF to the Downtown particularly in the north end Market Audit -profile Page 247 of 376 18 Supply –Downtown Tillsonburg Retail Inventory Area Key Findings •Through observation it was noted that there is pedestrian flow between the Tillsonburg Town Centre and the rest of Downtown as well as the nearby Metro particularly within the 2 block radius of the Tillsonburg Town Centre. •The location of the Bulk Barn is a key retailer that appeals to all shoppers and helps to move pedestrian traffic throughout the entire Downtown. •Policies that have ensured offices and administrative offices to locate in Downtown have been successful at ensuring there is daytime traffic for the businesses. •There are a few emerging ‘clusters’ of businesses –home décor for example but they have not located near to each other for ease of shopping. •According to the Downtown BIA, hours of operation especially amongst independent retailers is a cause for some retail sales leakage. Other causes are the lack of some discount and value oriented retailers. Market Audit -profile Page 248 of 376 19 Mark’s Work Wearhouse –Tuesday -Thursday Saturday Supply –Downtown Tillsonburg Retailer Visitation Times Market Audit -profile Dollar Tree –Tuesday Thursday Saturday LCBO –Tuesday Thursday Saturday Page 249 of 376 20 Canadian Tire –Tuesday Thursday Saturday Supply –Downtown Tillsonburg Retailer Visitation Times Market Audit -profile Walmart –Tuesday Thursday Saturday Metro –Tuesday Thursday Saturday Page 250 of 376 21 Kelsey’s –Tuesday Thursday Saturday Supply –Downtown Tillsonburg Retailer Visitation Times Market Audit -profile Copper Mug –Tuesday Thursday Saturday Boston Pizza –Tuesday Thursday Saturday Page 251 of 376 22 Corner Griddle –Tuesday Thursday Saturday Supply –Downtown Tillsonburg Retailer Visitation Times Market Audit -profile Corey’s –Tuesday Thursday Saturday Pita Pit –Tuesday Thursday Saturday Page 252 of 376 23 Shoppers Drug Mart –Tuesday Thursday Saturday Supply –Downtown Tillsonburg Retailer Visitation Times Market Audit -profile Bulk Barn –Tuesday Thursday Saturday Page 253 of 376 24 •Saturday is the biggest shopping day in Downtown •This is followed closely by weekday evening visitation •There is a fairly good visitation to the weekday restaurants and cafes primarily from the local area daytime workers •Increasingly local residents commute to work and they are conducting a higher proportion of their local shopping needs during the early evening and some weeknights are relatively busy •For some businesses, there is a relatively strong daytime traffic demand including Shoppers Drug Mart, Bulk Barn, Mark’s Work Wearhouse, Copper Mug, and other restaurants such as Pita Pit •Early morning Saturday has increased visitation for a number of businesses as local households want to start their weekends early and get their errands done so they can go out and enjoy the rest of the day so places such as Corner Griddle have a good brunch time traffic Market Audit -profile Summary: Supply –Downtown Tillsonburg Retailer Visitation Times Page 254 of 376 25 Strengths, Weaknesses, Opportunities, Threats –Retail Development in Downtown Tillsonburg Page 255 of 376 26 SWOT STRENGTHS •Solid base of residents of 16,000 that is growing •Real household income growth (excluding inflation) •Somewhat isolated from other commercial areas, so they are able to create a draw from other nearby smaller communities •Mix of target markets in Downtown including people living there, workers, local and regional visitors that support daytime and limited night time retail activities, as well as some seasonal workers •Convenient –easy to get to, easy to park, free parking, wide main street •Charm –heritage and historical two and three-storey buildings creating a base of residential within the core •Character –friendly shop owners and workers, open, communicative •Tillsonburg Town Centre blends in well with the main street and doesn’t overly detract from the main street businesses •Good assortment of discount and value-based retail •Some historical long-term businesses with longevity creates confidence in prospective retailers WEAKNESSES •Skewed household income –those on fixed incomes, lower income, savers not spenders, but some high-income households •Not a tourist town (can be a benefit –not affected by the whims of the tourism industry) •Retail is scattered throughout Town to the north, centre, and east and not clustered as effectively as it could be (e.g, grocery stores, home improvement stores are located throughout the entire town rather than clustered to create better flows and critical mass synergy) •Seniors based area who have things provided for them such as food –don’t need to shop •Slightly too much ground level retail is devoted to services especially professional services and medical services rather than retail (however, want the services in the Downtown just not so much on the main street) •Few places for socialization to happen on the street and inside businesses •Few places for triggering a night time economy THREATS •London closest competition and London is already over retailed •Strathallen owns both malls in Tillsonburg which can make it confusing from a leasing and marketing perspective (are there exclusivities) •Other more tourist-based towns that are more experiential (e.g., watching food being prepared, combining entertainment and food together such as a band playing in a café) and lure locals for a night out or dinner Page 256 of 376 27 SWOT OPPORTUNITIES RECOMMENDATION RATIONALE Food and Beverage •No further major grocery stores or LCBO •Potential for specialty food stores (e.g., Goodness Me) •Ensure Walmart carries enough value oriented food items •Specialty food can complement the existing grocery stores such as Metro and Walmart •They can provide a link in the customer journey similar to the function and location of Bulk Barn •Should be paired with additional functions such as catering, prepared food as take away, and home meal replacement Health and Pharmacy •Health related goods and services will always be in high demand and can shift •There may not be a need for a large pharmacy but smaller unique health stores, optical stores, etc, could be warranted •In an older community such as Tillsonburg, health care is a major household expenditure from prescriptions, over the counter medicine, health supplies, optical stores, health supplements, naturalpaths, etc. Furniture and Home Furnishings •Focus should be on retaining existing furniture, home furnishings type stores and allow for more modern home furnishings stores to establish themselves (e.g., Saturday Afternoons) or art galleries •Craft or hobby oriented home furnishings such as custom made Mennonite furniture •There are several furniture stores in Downtown •Focus on retention of existing stores and ensure they maintain a modern, current offering •There is a potential to combine hobby and craft expertise of Tillsonburg with furniture and home furnishings making Electronics •Focus on retention of existing stores including the ability to order online and pick up in store •Electronic stores are becoming showrooms for the latest technology •Stores need to be able to offer the ability for consumers to order online and then pick up in store as a way of not only providing increased convenience to local residents but for increased shopping Page 257 of 376 28 SWOT OPPORTUNITIES RECOMMENDATION RATIONALE Clothing and Accessories •Focus on retention of existing clothing, jewellery, and accessories stores •Any new retailer should have a narrow and deep focus (concentrate on one or two lines or offerings and carry a deep assortment in for each one) •Focus on craft, handmade items •There is limited growth not on only in Tillsonburg but across North America for clothing and accessory related retail •Similar to home furnishings, there is an opportunity to combine craft and hobby skill sets with clothing lines –such as knitted sweaters, custom leather bags (where some of the manufacturing is done on site) Leisure Retail •Focus on retention of existing gift and book stores •Increase the number of craft and hobby related stores including supplies as well as production ie: workshops •Have places such as knitting cafes, children / adult art schools, art cafes, book store cafes, etc.) •Locate craft supplies together (sewing, leather handwork, knitting, art supplies, DIY stores •Add learning programs to retailers such as singing, piano, art, story writing/story telling •Create opportunities for local craft, hobby, entrepreneurs to hone their skills General Merchandise •No additional discount oriented stores •There are ample discount general merchandise stores •New stores would only spread the sales around Home Improvement •No major new home improvement stores •Could be co-located better across the City •Ample selection of home improvement type stores in Tillsonburg Page 258 of 376 29 SWOT OPPORTUNITIES RECOMMENDATION RATIONALE Eating Establishments •Need to replace or add to the number of places for socialization and eating - cafes, coffee places, and other food/socialization places in Downtown •More sit down, casual restaurants that are higher quality •Dinner theatre options •Include more eating establishments with entertainment •Food is the glue that holds the community together •There are good food options at present but the strategy should focus on where there are gaps in the food service mix •Local residents do not spend high amounts on eating out but will spend it on “in between” activities •There is a lack of casual and better quality restaurants in Tillsonburg (probably losing market share to other communities) Night Time Economy •Monitor the change in demographic toward young families to be able to provide a timely response to their needs e.g., bowling alley, dinnertime needs, ice cream shops open after soccer games etc. •As a community changes so too do their needs. It’s important to watch this change and to be able to plan a response. Some businesses already have a weeknight later evening business profile that other businesses can piggy back of. See Next Steps for further comments. Page 259 of 376 30 NEXT STEPS –in order of timing •Either the Town or the BIA needs to create a full business directory so that people can find the information easily for: •Marketing purposes and •Recruitment/investment. •Work with the BIA Board and new ED to create their own Retail Wish List from the BIA’s perspective. •Town to Identify locations for re-development based on a set of criteria. •BIA should develop a new website where the directory and the properties for lease at any given time can be accessible. The Town may also have a list of all for lease or for sale properties. Social Media cannot do this effectively and people need access to that information. •Work with building owners where there are currently places to rent and/or buy to impart on them the need for certain businesses to fill the gaps. •Host session with local commercial realtors and share the data that has been uncovered here and the retail wish list -they can be part of the solution and kept in the loop. •Consider a Strategic or Action Planning Process for the BIA. With a new Board and/or staff, this can often help them come to a shared vision for their downtown. Town staff should be part of the process to include City vision and information for one cohesive effort. •Create an “Invest in Tillsonburg Downtown” digital and/or online marketing piece siting investment incentives and information gathered from this process and Retail wish list. •Encourage Like businesses to either locate closely or work together for marketing purposes. •Create a common branding graphic to post in vacant store fronts: “Imagine Your Business Here”. •Work to attract a local investor who will compete against himself to fill the retail gaps & take market share. •Regularly evaluate the senior/young family ratio development projects. The downtown retail mix needs to adapt to the changing demographic as it happens as an increase in young families will demand different retail and service opportunities Page 260 of 376 31 Page 261 of 376 Sector Recommendation Rationale Next Steps (Initial Thoughts) Food and Beverage No further major grocery stores or LCBO Potential for specialty food stores (e.g., Goodness Me) Ensure Walmart carries enough value oriented food items Specialty food can complement the existing grocery stores such as Metro and Walmart They can provide a link in the customer journey similar to the function and location of Bulk Barn Should be paired with additional functions such as catering, prepared food as take away, and home meal replacement Some recruitment of specialty food stores in the past. Recommend to restart recruitment. Health and Pharmacy Health related goods and services will always be in high demand and can shift There may not be a need for a large pharmacy but smaller unique health stores, optical stores, etc, could be warranted In an older community such as Tillsonburg, health care is a major household expenditure from prescriptions, over the counter medicine, health supplies, optical stores, health supplements, naturalpaths, etc. Appear to be well serviced in this regard Furniture and Home Furnishings Focus should be on retaining existing furniture, home furnishings type stores and allow for more modern home furnishings stores to establish themselves (e.g., Saturday Afternoons) or art galleries Craft or hobby oriented home furnishings such as custom made Mennonite furniture There are several furniture stores in Downtown Focus on retention of existing stores and ensure they maintain a modern, current offering There is a potential to combine hobby and craft expertise of Tillsonburg with furniture and home furnishings making Concept of combining hobby/craft with furniture is of interest Electronics Focus on retention of existing stores including the ability to order online and pick up in store Electronic stores are becoming showrooms for the latest technology Needs further review Page 262 of 376 Stores need to be able to offer the ability for consumers to order online and then pick up in store as a way of not only providing increased convenience to local residents but for increased shopping Clothing and Accessories Focus on retention of existing clothing, jewelry, and accessories stores Any new retailer should have a narrow and deep focus (concentrate on one or two lines or offerings and carry a deep assortment in for each one) Focus on craft, handmade items There is limited growth not on only in Tillsonburg but across North America for clothing and accessory related retail Similar to home furnishings, there is an opportunity to combine craft and hobby skill sets with clothing lines – such as knitted sweaters, custom leather bags (where some of the manufacturing is done on site) Interesting opportunity re combining craft and hobby skills with clothing lines. Already have two quilting and related experiential type tourism operators in the downtown. Investigate ways to encourage more of this type of retail. Leisure Retail Focus on retention of existing gift and book stores Increase the number of craft and hobby related stores including supplies as well as production ie: workshops Have places such as knitting cafes, children / adult art schools, art cafes, book store cafes, etc.) Locate craft supplies together (sewing, leather handwork, knitting, art supplies, DIY stores Add learning programs to retailers such as singing, piano, art, story writing/story telling Create opportunities for local craft, hobby, entrepreneurs to hone their skills Interesting opportunities. Investigate ways to encourage more of this type of retail. Page 263 of 376 General Merchandise No additional discount oriented stores There are ample discount general merchandise stores New stores would only spread the sales around Agreed Home Improvement No major new home improvement stores Could be co-located better across the City Ample selection of home improvement type stores in Tillsonburg Agreed Eating Establishments Need to replace or add to the number of places for socialization and eating - cafes, coffee places, and other food/socialization places in Downtown More sit down, casual restaurants that are higher quality Dinner theatre options Include more eating establishments with entertainment Food is the glue that holds the community together There are good food options at present but the strategy should focus on where there are gaps in the food service mix Local residents do not spend high amounts on eating out but will spend it on “in between” activities There is a lack of casual and better quality restaurants in Tillsonburg (probably losing market share to other communities Challenge is that our market is well-served by over 40 eateries and demographics (young families and seniors) so how do we foster a “foodie” type or higher end establishment??? Night-time Economy Monitor the change in demographic toward young families to be able to provide a timely response to their needs e.g., bowling alley, dinnertime needs, ice cream shops open after soccer games etc. As a community changes so to do their needs. It’s important to watch this change and to be able to plan a response. Some businesses already have a weeknight later evening business profile that other businesses can piggy back off. See Next Steps for further comments. Page 264 of 376 Next Steps (from Retail Gap Analysis) Next Step Action/Status Capacity Building Either the Town or the BIA needs to create a full business directory so that people can find the information easily for: • Marketing purposes • Recruitment/investment BIA should develop a new website where the directory and the properties for lease at any given time can be accessible. The Town may also have a list of all for lease or for sale properties. Social Media cannot do this effectively and people need access to that information. BIA currently working to address the lack of a website and members directory. Website with available properties for lease needs to be discussed further in context of other recommendations on investment readiness for the downtown Work with the BIA Board and new ED to create their own Retail Wish List from the BIA’s perspective. BIA Board endorsed gap analysis at their March 21 meeting Host session with local commercial realtors and share the data that has been uncovered here and the retail wish list - they can be part of the solution and kept in the loop Information has been shared with real estate board executive, but investigate ways to share the information wider in the future. Encourage Like businesses to either locate closely or work together for marketing purposes. To be investigated Consider a Strategic or Action Planning Process for the BIA. With a new Board and/or staff, this can often help them come to a shared vision for their downtown. Town staff should be part of the process to include City vision and information for one cohesive effort. BIA to review strategy development from 2016/17 timeframe. Action plan in terms of revamping BIA activities underway by new Executive Director Page 265 of 376 Investment Readiness Town to Identify locations for re-development based on a set of criteria. Downtown Parking Study provides initial guidance in this regard. Need to prioritize and obtain Council direction with respect to specific development sites Create an “Invest in Tillsonburg Downtown” digital and/or online marketing piece siting investment incentives and information gathered from this process and Retail wish list. To be reviewed further. Retail Gap Analysis study provides the data for this, which can be used to develop an investment profile. Currently $2,000 in approved Economic Development & Marketing budget for downtown initiatives. Can be matched with BIA funding??? Create a common branding graphic to post in vacant store fronts: “Imagine Your Business Here”. To be investigated further. Work with building owners where there are currently places to rent and/or buy to impart on them the need for certain businesses to fill the gaps. To be investigated further. The development of a new vacancy rebate program is included in Economic Development & Marketing business plan Consider establishing a task force or working group on retail recruitment that includes Town Centre Mall plus other individuals with interest, i.e. BIA, Economic Development, realtor (s), owners, etc Work to attract a local investor who will compete against himself to fill the retail gaps & take market share. To be investigated further Regularly evaluate the senior/young family ratio development projects. The downtown retail mix needs to adapt to the changing demographic as it happens as an increase in young families will demand different retail and service opportunities To be reviewed in future in light of current and proposed residential development projects in the downtown Page 266 of 376 Report Title Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp Report No. DCS 19-19 Author Cephas Panschow Meeting Type Council Meeting Council Date JULY 8, 2019 Attachments Municipal Access Agreement Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp; AND THAT By-Law 4325 to enter into a Municipal Access Agreement with North Frontenac Telephone Elgin Corp to enable them to expand their network services in the Town of Tillsonburg be brought forward for Council consideration. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to enter into an agreement with North Frontenac Telephone Elgin Corp in order to establish the terms and conditions necessary for them to expand their network in the Town of Tillsonburg including the requirements for different levels of work. BACKGROUND A Municipal Access Agreement (MAA) is an agreement that offers telecommunication companies the ability to construct, maintain and operate their Equipment within right-of-ways that are under the jurisdiction of the municipality. The companies require this access in order to provide the connectivity required by telecommunications services. The MAA deals primarily with issues such as: Municipal consent, hazardous substances and materials; road occupancy permits, rights-of-way, costs to be carried by municipalities; third party and sub-contractor agreements; service level agreements; maintenance and repair responsibilities; equipment use and invoicing. Municipal Access Agreements have been used for decades; however, in the past a wide variety of templates were used with varying results and sometimes even legal action. In order to avoid these and other situations, municipal representatives, the Canadian Federation of Municipalities, telecommunications industry players and the Canadian Radio-television and Telecommunications Commission (CRTC) worked together to develop a standardized template that would assist telecom and municipal officials in negotiating the terms of installation and maintenance of telecom infrastructures on municipal property. The CRTC Interconnection Steering Committee (CISC) was developed to lead this process and continues to be responsible for reviewing and updating the standardized MAA template document. Page 267 of 376 Page 2 / 4 A standardized MAA template provides a significant number of benefits by providing for predictability, lower personnel cost in terms of time and money and the entry into new small markets on a more efficient basis, while allowing for customization to incorporate local circumstances. The template or model Municipal Access Agreement was made available in 2013 and has been regularly updated based upon best practices and legal case outcomes. This agreement continues to be used in its various forms by municipalities across Ontario. North Frontenac Telephone Elgin Corp is jointly owned by Packet Tel Corp and The North Frontenac Telephone Company Limited. It is a recognized non- dominant carrier with the CRTC. Packet Tel Corp has previously partnered with the Town of Tillsonburg on its 2011 to 2013 Rural Connections Broadband Program, which was a $1.5 Million project to improve fibre optic service in the southern part of Tillsonburg (south of Concession Street). The successful project completion resulted in an approximately fourteen (14) kilometre extension of the Towns fibre optic network from the downtown core to the Forest Hill Industrial Park and the Van Norman Innovation Park. Since the completion of the project, Packet Tel Corp has further extended the fibre optic network north of Concession Street along Tillson Avenue. While continuing to add customers along their existing network, Packet Tel Corp is currently considering a further extension of their network jointly with The North Frontenac Telephone Company, which is why they are interested in entering into an MAA agreement with the Town. CONSULTATION/COMMUNICATION The Municipal Access Agreement contemplated herein uses the updated format that has been developed in conjunction with Miller Thomson LLP of Waterloo and updated with the Towns requirements. There has been no public consultation or communication regarding this agreement. It is expected that North Frontenac Telephone Elgin Corp will develop a marketing plan to showcase their capabilities to potential customers as they expand their network. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact associated with this report as any costs incurred by the Town to support requests under this agreement are eligible for reimbursement as per the rates outlined in the agreement. COMMUNITY STRATEGIC PLAN Should Council approve the recommendation, there are a number of strategic initiatives that this will support. 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives Page 268 of 376 Page 3 / 4 ☐ 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 269 of 376 Page 4 / 4 Report Approval Details Document Title: Report DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp.docx Attachments: - Municipal_Access_Agreement-North Frontenac Telephone Elgin Corp_and_Tillsonburg-E.pdf Final Approval Date: Jul 2, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 2, 2019 - 2:52 PM Page 270 of 376 Page 1 MUNICIPAL ACCESS AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND NORTH FRONTENAC TELEPHONE ELGIN CORP. Page 271 of 376 Page 2 CRTC Decisions on Municipal Access Ledcor/Vancouver – Construction, operation and maintenance of transmission lines in Vancouver, Decision CRTC 2001-23, 25 January 2001 (the “Ledcor Decision”) Part VII application by MTSA Corp. seeking access to Light Rail Transit (LRT) lands in the City of Edmonton, Telecom Decision CRTC 2005-36, 17 June 2005 (the “Allstream - Edmonton Decision”) Shaw Cablesystems Limited's request for access to highways and other public places within the District of Maple Ridge on terms and conditions in accordance with Decision 2001-23, Telecom Decision CRTC 2007-100, 25 October 2007 (the “Shaw - Maple Ridge Decision”) Shaw Cablesystems Limited's request for access to highways and other public places in the County of Wheatland, Alberta, Telecom Decision CRTC 2008-45, 30 May 2008 (the “Shaw - Wheatland Decision”) Application by the City of Baie-Comeau regarding the costs to relocate TELUS Communications Company's telecommunications facilities, Telecom Decision CRTC 2008-91, 19 September 2008 (the “Telus - Baie-Comeau Decision”) MTSA Inc. – Application regarding a Municipal Access Agreement with the City of Vancouver, Telecom Regulatory Policy CRTC 2009-150, 19 March 2009 (the “Allstream – Vancouver Decision”) Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Application regarding access to municipal property in the City of Thunder Bay, Telecom Decision CRTC 2010-806, 29 October 2010 (the “Bell – Thunder Bay Decision”) Page 272 of 376 Page 3 TABLE OF CONTENTS 1. DEFINITIONS AND INTERPRETATION ............................................................................ 5 2. USE OF ROWs ........................................................................................................................ 7 3. PERMITS TO CONDUCT WORK ........................................................................................ 7 4. MANNER OF WORK ............................................................................................................ 9 5. REMEDIAL WORK ............................................................................................................. 11 6. LOCATING FACILITIES IN ROWs ................................................................................... 13 7. RELOCATION OF EQUIPMENT ....................................................................................... 14 8. FEES AND OTHER CHARGES .......................................................................................... 15 9. REGULATORY CHANGE .................................................................................................. 16 10. TERM AND TERMINATION .............................................................................................. 16 11. INSURANCE ........................................................................................................................ 18 12. LIABILITY AND INDEMNIFICATION ............................................................................. 19 13. ENVIRONMENTAL LIABILITY ........................................................................................ 21 14. FORCE MAJEURE ............................................................................................................... 22 15. DISPUTE RESOLUTION ..................................................................................................... 22 16. NOTICES .............................................................................................................................. 23 17. GENERAL ............................................................................................................................ 24 Page 273 of 376 Page 4 MUNICIPAL ACCESS AGREEMENT This Municipal Access Agreement shall be effective as of the ___ day of ______, 20__ (the “Effective Date”). B E T W E E N: THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Municipality”) - and - NORTH FRONTENAC TELEPHONE ELGIN CORP. (the “Company”) (each, a “Party” and, collectively, the “Parties”) RECITALS WHEREAS the Company is a “telecommunications common carrier” as defined in the Telecommunications Act, S.C. 1993, c.38 (“Telecom Act”) or “distribution undertaking” as defined in the Broadcasting Act, S.C. 1991, c.11 (collectively, a “Carrier”) and is subject to the jurisdiction of the Canadian Radio-television and Telecommunications Commission (the “CRTC”); AND WHEREAS, in order to operate as a Carrier, the Company requires to construct, maintain and operate its Equipment (hereinafter defined) in, on, over, under, across or along (“Within”) the highways, streets, road allowances, lanes, bridges or viaducts which are under the jurisdiction of the Municipality (collectively, “Rights-of-Way” or “ROWs”) or other public places as agreed to by the Parties; AND WHEREAS, pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s consent to construct its Equipment Within the ROWs and the Municipality is willing to grant the Company a non-exclusive right to access and use the ROWs; provided that such use will not unduly interfere with the public use and enjoyment of the ROWs, nor any rights or privileges previously conferred or conferred after the Effective Date by the Municipality on Third Parties (hereinafter defined) to use or access the ROWs; AND WHEREAS the Parties have agreed that it would be mutually beneficial to outline the terms and conditions pursuant to which the Municipality hereby provides its consent; Page 274 of 376 Page 5 NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained herein, the Parties agree and covenant with each other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. Definitions. (a) “Affiliate” means: i. in the case of the Company, “affiliate” as defined in the Canada Business Corporations Act that is also a Carrier. ii. in the case of the Municipality, a local board, agency or commission of the Municipality or a corporation which is partially or solely owned by, and is controlled by, the Municipality, and which has as a primary purpose, the management and maintenance of the ROWs. (b) “Agreement” means this Municipal Access Agreement, complete with the Schedules attached hereto. (c) “Applicable Laws” means: (i) applicable federal or provincial statutes, regulations, laws, orders-in- council, by-laws, codes and policies and includes Municipal Guidelines (hereinafter defined); (ii) applicable orders, decisions, codes, judgments, injunctions, decrees, awards and writs of any court, tribunal, arbitrator, governmental authority (including the CRTC) or other person having jurisdiction; and, (ii) applicable rulings and conditions of any licence, Permit, certificate, registration, authorization, consent and approval issued by a governmental authority. (d) “Business Day” means any day that is not a Saturday, Sunday or a statutory or civic holiday. (e) “Emergency” means an unforeseen situation where immediate action must be taken to preserve the environment, public health, safety or an essential service of either of the Parties. (f) “Encroachment Permit” means a Permit issued by the Municipality authorizing the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs when performing the Work (as more fully described in Schedule A). Page 275 of 376 Page 6 (g) “Equipment” means the transmission and distribution facilities owned by the Company and its Affiliates, comprising fibre optic, coaxial or other nature or form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary structures and equipment located Within the ROWs. (h) “Hazardous Substance” means any harmful substance including, without limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous substances, dangerous goods and toxic substances, as defined, judicially interpreted or identified in any applicable law (including the common law). (i) “Municipal Consent” means the written consent of the Municipality, with or without conditions, to allow the Company to perform Work Within the ROWs that requires the excavation or breaking up of the ROWs (as more fully described in Schedule A). (j) “Municipal Engineer” means the Director of Operations of the Municipality or the individual designated by him or her. (k) “Municipality’s Costs” means the reasonable and verifiable costs and expenses of the Municipality, including the cost of labour and materials, plus a reasonable overhead charge of ten percent (10%). (l) “Permit” means a Municipal Consent or a Encroachment Permit or both. (m) “Service Drop” means a cable that, by its design, capacity and relationship to other cables of the Company, can be reasonably considered to be for the sole purpose of connecting backbone of the Equipment to not more than one individual customer or building point of presence or property. (n) “Third Party” means any person that is not a party to this Agreement nor an Affiliate of either Party, and includes any person that attaches its facilities in, on or to the Equipment under an agreement with the Company. (o) “Work” means, but is not limited to, any installation, removal, construction, maintenance, repair, replacement, relocation, operation, adjustment or other alteration of the Equipment performed by the Company Within the ROWs, including the excavation, repair and restoration of the ROWs. 1.2. Industry Terms. Words having well-known technical or trade meanings within the context of municipal construction and the communications industry shall be so construed, and all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires. Page 276 of 376 Page 7 1.3. Recitals and Schedules. The beginning part of this Agreement entitled “Recitals” and the following schedules are annexed to this Agreement and are hereby incorporated by reference into this Agreement and form part hereof: Schedule A - Permits Required by the Municipality Schedule B – Fees and Charges Payable by the Company Schedule C – Relocation Costs 2. USE OF ROWs 2.1. Consent to use ROWs. The Municipality hereby consents to the Company’s use of the ROWs for the purpose of performing its Work, subject to the terms and conditions of this Agreement and in accordance with all applicable municipal by-laws, rules, policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment and the use of the ROWs. 2.2. Scope of municipal consent. The Company shall not, in the exercise of its rights under this Agreement, unduly interfere with the public use and enjoyment of the ROWs. 2.3. No ownership rights. The Parties acknowledge and agree that: (a) the use of the ROWs under this Agreement shall not create nor vest in the Company any ownership or property rights in the ROWs; and (b) the placement of the Equipment Within the ROWs shall not create or vest in the Municipality any ownership or property rights to the Equipment. 2.4. Condition of ROWs. The Municipality makes no representations or warranties as to the state of repair of the ROWs or the suitability or fitness of the ROWs for any business, activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an “as is” basis. 3. PERMITS TO CONDUCT WORK 3.1. Permit Requirements Permits are generally required for all work except as may be prescribed in Schedule A. (a) Work Within the ROWs by the Company is subject to the authorization requirements of the Municipality as set out in Schedule A. (b) For each Permit required above, the Company shall submit to the Municipality a completed application, in a form specified by the Municipality and including the applicable fee set out in Schedule B. Page 277 of 376 Page 8 (c) Subject to Section 3.4, the Municipality will issue the applicable Permits within fifteen (15) days of receiving a complete application, or such other time as agreed to by the Parties having regard to the complexity of the Work covered by the application and the volume of Permit applications before the Municipality at that time. 3.2. Expiry of Permit. In the event that the Company has not commenced construction of the approved Work associated with a particular Permit within the prescribed timeframe from the issuance of the Permit, and has not sought and received an extension to the Permit from the Municipality, which extension shall not be unreasonably withheld, the Permit shall be null and void. In such circumstances, any fees paid by the Company in respect of the expired Permit shall not be refunded and the Company must obtain a new Permit for the Work. 3.3. Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall, prior to undertaking any Work that requires a Municipal Consent, submit the following to the Municipal Engineer: (a) construction plans of the proposed Work, showing the locations of the proposed and existing Equipment and other facilities, and specifying the boundaries of the area within the Municipality within which the Work is proposed to take place; and (b) all other relevant plans, drawings and other information as may be normally required by the Municipal Engineer from time to time for the purposes of issuing Permits. 3.4. Refusal to issue Permits. In case of conflict with any bona fide municipal purpose, including reasons of public safety and health, conflicts with existing infrastructure, proposed road construction, or the proper functioning of public services, all as identified in writing to the Company by the Municipality, the Municipality may request amendments to the plans referred to in Section 3.3 or may choose to refuse to issue a Permit. 3.5. Temporary Connections. In the case where a temporary connection is required, the Company will make it a permanent installation within 90 days within construction season or 30 days after the start of the construction season. The Company will ensure any temporary connection or Service Drop will be placed to have wires and cables cross ROWs with adequate vertical clearance and do not lie on the ground; and the Company remedy any conditions deemed unsafe by the Municipality within 10 days. 3.6. Restoration of the Company’s service during Emergencies. Notwithstanding Section 3.1, in the event of an Emergency, the Company shall be permitted, provided that the Company gives notice to the Municipality as soon as reasonably practicable, to perform such remedial Work as is reasonably necessary to restore its services without complying with Section 3.1; provided that the Company does comply with Section 3.1 within five (5) business days of completing the Work. Page 278 of 376 Page 9 3.7. Temporary changes by Municipality. Notwithstanding any other provision in this Agreement, the Municipality reserves the right to set, adjust or change the approved schedule of Work by the Company for the purpose of coordinating or managing any major events or activities, including the restriction of any Work during those restricted time periods; provided however, that any such adjustment or change shall be conducted so as minimize interruption to the Company’s operations. The Municipality shall use its commercially reasonable efforts to provide to the Company forty-eight (48) hours advance written notice of any change to the approved schedule of Work, except that, in the case of any Emergency, the Municipality shall provide such advance notice as is reasonably possible in the circumstances. 4. MANNER OF WORK 4.1. Compliance with Applicable Laws, etc. All Work shall be conducted and completed to the satisfaction of the Municipality and in accordance with: (a) the Applicable Laws (and, in particular, all laws and codes relating to occupational health and safety); (b) the Municipal Guidelines; (c) this Agreement; and (d) the applicable Permits issued under Section 3.1. 4.2. Underground Equipment. The Company shall place those portions of the Equipment that cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in concrete, or as otherwise specified by the Municipality. 4.3. Stoppage of Work. The Municipality may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety or any circumstances beyond its control. In such circumstances, the Municipality shall provide the Company with a verbal order and reasons to stop the Work and the Company shall cease the Work immediately. Within two (2) business days of the verbal order, the Municipality shall provide the Company with a written stop work order with reasons. When the reasons for the Work stoppage have been resolved, the Municipality shall advise the Company immediately that it can commence the Work. 4.4. Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Equipment Within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. 4.5. Utility co-ordination committee. The Company shall participate in a utility co-ordination committee established by the Municipality and contribute to its equitable share of the reasonable costs of the operation and administration of the committee as approved by such Page 279 of 376 Page 10 committee. 4.6. Emergency contact personnel. The Company and the Municipality shall provide to each other a list of 24-hour emergency contact personnel, available at all times, including contact particulars, and shall ensure that the list is kept current. 4.7. Emergency work by Municipality. In the event of an Emergency, the Municipality shall as soon as reasonably practicable contact the Company and, as circumstances permit, allow the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with the Equipment, having regard to the nature of the Emergency. Notwithstanding the foregoing, the Municipality may take all such measures it deems necessary to address the Emergency and otherwise re-establish a safe environment, and the Company shall pay the Municipality’s Costs that are directly attributable to the Work or the presence of the Equipment in the ROWs. 4.8. “As-built” drawings. Where required by the Municipality, the Company shall, no later than 90 days after completion of any Work provide the Municipal Engineer with accurate “as-built” drawings, prepared in accordance with such standards as may be required by the Municipal Engineer, sufficient to accurately establish the plan, profile and dimensions of the Equipment installed Within the ROWs. Such drawings shall only be used for the purposes of facilitating the Municipal Engineer’s conduct of planning and issuance of Work permits. The “as-constructed” drawings must be protected through reasonable measures and must not be shared beyond those who require it for the purposes described above, nor must they be used for any other purpose or combined with other information. 4.9. Street aesthetics. Where commercially reasonable and technically practicable, the Company will participate in joint initiatives with the Municipality, developers and other occupants of the ROWs for the purpose of improving street, landscape and community aesthetics, including installing Equipment into specially-designed units, pedestals or cabinets or, where permitted, clustering units, pedestals or cabinets together. 4.10. Removal of graffiti. The Company shall use its commercially reasonable efforts to clean, remove or conceal graffiti or other unauthorized markings located and visible on the Equipment in a timely manner and to the satisfaction of the Municipality. Without limiting the generality of the foregoing, the Company will remove or conceal all offensive graffiti from its Equipment within forty-eight (48) hours written notice from the Municipality and all other graffiti within five (5) business days’ written notice from the Municipality. In the event that the Company does not remove or conceal the graffiti in accordance with this section, the Municipality may take such steps as it deems reasonable and necessary to remove or conceal the graffiti and charge the Municipality’s Costs of so doing to the Company. Page 280 of 376 Page 11 4.11. Maintenance of above-ground cabinets. The Company shall: (a) maintain a regular maintenance program to clean, straighten, paint and repair its above-ground cabinets; and, (b) within five (5) days of written notice from the Municipality, compete any such maintenance requested by the Municipality. 4.12. Where Equipment is located incorrectly. Where the location of any portion of the Equipment in a ROW is located outside a distance of one (1) metre horizontally (centre-line to centre-line) from the location approved in the Permit or as shown on the as-built drawings (as accepted by the Municipality) and, as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Permit or as-built drawings (the “Conflict”), the following shall apply: (a) The Municipality will notify the Company of the Conflict, following which the Company shall, in consultation with the Municipality, attempt to resolve the Conflict. (b) If the Company is unable to resolve the Conflict in a reasonable time commensurate with the situation and to the Municipal Engineer’s satisfaction, then the Company shall pay the Municipality’s Costs as a direct result of the Conflict including the Municipality’s costs of remedying the Conflict in such manner as the Municipality shall determine appropriate. 4.13. Agents and Sub-contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any the acts, omissions or performance of its agents and sub-contractors. The Company shall ensure that all of its agents and sub-contractors have proper identification, visible at the site on which the Work is being conducted, displaying the name of the person or company for which they work. 5. REMEDIAL WORK 5.1. General. Following the completion of any Work, the Company shall leave the ROW in a neat, clean, and safe condition and free from nuisance, all to the satisfaction of the Municipality. Subject to Section 5.5, where the Company is required to break or otherwise disturb the surface of a ROW to perform its Work, it shall repair and restore the surface of the ROW to substantially the same condition it was in before the Work was undertaken, all in accordance with the Municipal Guidelines and to the satisfaction of the Municipal Engineer. 5.2. Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: Page 281 of 376 Page 12 (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality may not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Municipal Engineer to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule B in relation to that pavement. 5.3. Pavement degradation fees. At the time of applying for a Permit, the Company shall pay the Municipality the pavement degradation fees set out in Schedule B based on the age and area of the pavement to be broken by the Company, as estimated by the Municipality. Once the Work has been completed, the Parties shall determine the actual area of pavement that was disturbed or broken by the Company and the final amount owed by or to the Company. 5.4. Temporary repair. Where weather limitations or other external conditions beyond the control of the Company do not permit it to complete a final repair to the ROW within the expected period of time, the Company may complete a temporary repair to the ROW; provided that, subject to Section 5.6, the Company replaces the temporary repair with a final repair within a reasonable period of time. All repairs to the ROW by the Company shall be performed in accordance with the Municipal Guidelines and to the satisfaction of the Municipality. If a temporary repair gives rise to an unsafe condition, then this shall be deemed to Page 282 of 376 Page 13 constitute an Emergency and the provisions of Section 4.7 shall apply. 5.5. Warranty for repairs. The Company warrants its temporary repair, to the satisfaction of the Municipality until such time as the final repair is completed by the Company, or, where the Municipality is performing the final repair, for a period of two (2) years or until such time as the final repair is completed by the Municipality, whichever is earlier. The Company shall warrant its final repairs for a period of three (3) years from the date of their completion. 5.6. Repairs completed by Municipality. Where: (a) the Company fails to complete a temporary repair to the satisfaction of the Municipality within seventy-two (72) hours of being notified in writing by the Municipality, or such other period as may be agreed to by the Parties; or (b) the Company and the Municipality agree that the Municipality should perform the repair, then the Municipality may effect such work necessary to perform the repair and the Company shall pay the Municipality’s Costs of performing the repair. 5.7. Replacement of damaged trees. Where any trees are damaged as a result of any Work, the Company shall pay the Municipality for the costs to rehabilitate the trees or, where the trees have suffered irreparable damage, replace the trees to the satisfaction of the Municipality or compensate the Municipality for the value of the trees. 6. LOCATING FACILITIES IN ROWs 6.1. Locates. The Company agrees that it shall, at its own cost, record and maintain adequate records of the locations of its Equipment. Each Party shall, at its own cost and at the request of the other Party (or its contractors or authorized agents), physically locate its respective facilities by marking the ROW using paint, staking or other suitable identification method (“Locates”), under the following circumstances: (a) in the event of an Emergency, within two hours of receiving the request or as soon as practicably possible, following which the requesting Party will ensure that it has a representative on site (or alternatively, provide a contact number for its representative) to ensure that the area for the Locates is properly identified; and (b) in all other circumstances, within a time reasonably agreed upon by the Parties. 6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) Business days to Page 283 of 376 Page 14 any request from the other Party for a mark-up of municipal infrastructure or Equipment design drawings showing the location of any portion of the municipal infrastructure or Equipment, as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-ups”), and shall provide such accurate and detailed information as may be reasonably required by the requesting Party. 6.3. Inaccurate Locates. Where the Company’s Locates do not accurately correspond with either the Mark-ups or physical location of the Equipment, and as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the following shall apply: (a) the Municipality will notify the Company of the Error, following which the Company shall, in consultation with the Municipality, attempt to resolve the Error. (b) if the Company is unable to resolve the Error in a reasonable time commensurate with the situation and to the Municipal Engineer’s satisfaction, then the Company shall pay the Municipality’s Costs as a direct result of the Error including the Municipality’s Costs of remedying the Error in such manner as the Municipality shall determine appropriate. 7. RELOCATION OF EQUIPMENT 7.1. General. Where the Municipality requires and requests the Company to relocate its Equipment for bona fide municipal purposes, the Municipality shall notify the Company in writing and, subject to Section 7.3, the Company shall, within ninety (90) days thereafter or such other time as agreed to by the Parties having regard to the schedules of the Parties and the nature of the relocation required, perform the relocation and any other required and associated Work. 7.2. Municipality’s efforts. The Municipality will make good faith efforts to provide alternative routes for the Equipment affected by the relocation to ensure uninterrupted service to the Company’s customers. Once the Company has provided the Municipality with all information the Municipality requires to enable it to process a Permit application, the Municipality shall provide, on a timely basis, all Permits required to allow the Company to relocate the Equipment. 7.3. Reimbursement by Municipality for the Company’s Relocation Costs. The Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing a relocation requested by the Municipality (the “Relocation Costs”) based upon the principles, methodologies and procedures set out in Schedule C. 7.4. Discontinuance of ROW. Where, in the opinion of the Municipality, a ROW (or any portion thereof) in which Equipment is located is no longer required for use by the Municipality as such, the Municipality may cause such ROW to be discontinued, provided Page 284 of 376 Page 15 that: (a) if the Municipality owns the land upon which the ROW is located and does not require the Company to relocate the Equipment, it will, prior to Council approval or conveyance of the ROW, cause an easement to be registered against the property in favour of the Company; (b) if the Municipality owns the land upon which the ROW is located and does require the Company to relocate the Equipment, the Parties will, prior to Council approval or conveyance of the ROW, affect the relocation of the Equipment; and (c) in all cases, the Municipality shall reimburse the Company for 100% of the applicable Relocation Costs. 7.5. Relocation requests of Third Parties. The relocation of Equipment that is requested by a Third Party shall be at the discretion of the Company. In such circumstances: (a) unless otherwise agreed to by the Municipality, the Municipality shall not be responsible for the Company’s Relocation Costs; (b) the Company may charge its Relocation Costs to the Third Party; and (c) any such relocation under this section shall be subject to obtaining all applicable Permits in accordance with this Agreement. 7.6. Relocation performed by Municipality. If the Company fails to complete the relocation in accordance with Section 7.1, the Municipality may, at its option, complete such relocation and the Company shall pay the Municipality’s Costs of the relocation. In such a case the Municipality will not reimburse the Company pursuant to Section 7.3. 8. FEES AND OTHER CHARGES 8.1. General. The Company covenants and agrees to pay to the Municipality the fees, charges and Municipality’s Costs in accordance with this Agreement, including the fees and charges set out in Schedule B. 8.2. Invoices. Unless expressly provided elsewhere in this Agreement, where there are any payments to be made under this Agreement, the Party requesting payment shall first send a written invoice to the other Party, setting out in detail all amounts owing, including any applicable provincial and federal taxes and interest payable on prior overdue invoices, and the payment terms. The Parties agree that all payments shall be made in full by no later than sixty (60) days after the date of the invoice was received. 8.3. Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the Municipality harmless from, all taxes lawfully imposed now or in the future by the Municipality or all taxes, rates, duties, levies or fees lawfully imposed now or in future by Page 285 of 376 Page 16 any regional, provincial, federal, parliamentary or other governmental body, corporate authority, agency or commission (including, without limitation, school boards and utility commissions) but excluding the Municipality, that are attributable to the Company’s use of the ROW. 9. REGULATORY CHANGE 9.1 Agreement may be re-negotiated. If, at any time subsequent to the Effective Date of this Agreement, the provincial or federal governments or a regulatory authority acting within its jurisdiction (including the CRTC) enacts or repeals any legislation or regulation, or orders, directs or mandates anything which affects the subject matter of this Agreement (the “Regulatory Change”), then either Party may notify the other of its intention to renegotiate the terms of this Agreement based on the Regulatory Change and, within thirty (30) days thereafter, the Parties shall enter into good faith negotiations to amend this Agreement or enter into a new agreement to reflect the Regulatory Change. 9.2 If Parties are unable to come to terms. (a) If the Parties are unable to amend this Agreement or enter into a new agreement pursuant to Section 9.1, then either Party may, with thirty (30) days prior written notice to the other Party, refer the matter to the CRTC or for arbitration for resolution. (b) Subject to this right to refer the matter, if the Parties are unable to amend this Agreement or enter into a new agreement with thirty (30) days from the date of the original notice, either Party may terminate this Agreement immediately upon written notice to the other Party. 10. TERM AND TERMINATION 10.1. Initial term and renewal. This Agreement shall have an initial term of five (5) years commencing on the Effective Date and shall be renewed automatically for successive one (1) year terms unless: (a) this Agreement is terminated by either Party in accordance with this Agreement; (b) a Party delivers initial notice of non-renewal to the other Party at least ninety (90) days prior to the expiration of the then current term; or (c) this Agreement is replaced by a New Agreement (as defined below) between the Parties. 10.2. Termination by either Party. Either Party may terminate this Agreement without further obligation to the other Party, upon providing at least twenty-four (24) hours’ notice in the event of a material breach of this Agreement by the other Party after notice thereof and Page 286 of 376 Page 17 failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy or cure the breach within such thirty (30) day period, then the breaching Party shall commence to remedy or cure the breach within such thirty (30) day period and shall complete the remedy or cure within the time period stipulated in writing by the non-breaching Party. 10.3. Termination by Municipality. The Municipality may terminate this Agreement by providing the Company with at least twenty-four (24) hours’ written notice in the event that: (a) the Company becomes insolvent, makes an assignment for the benefit of its creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act; (b) the Company assigns or transfers this Agreement or any part thereof other than in accordance with Section 17.8; or (c) the Company ceases to be eligible to operate as a Carrier. 10.4. Obligations and rights upon termination or expiry of Agreement. Notwithstanding any other provision of this Agreement, if this Agreement is terminated (other than in accordance with Sections 10.2 and 10.3) or expires without renewal, then, subject to the Company’s rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the Municipality in writing that it no longer requires the use of the Equipment: (a) the terms and conditions of this Agreement shall remain in full force and effect until a new municipal access agreement (a “New Agreement”) is executed by the Parties; and (b) the Parties shall enter into meaningful and good faith negotiations to execute a New Agreement and, if, after six (6) months following the expiry of this Agreement, the Parties are unable to execute a New Agreement, then either Party may apply to the CRTC to establish the terms and conditions of the New Agreement. 10.5. Removing abandoned Equipment. Where the Company advises the Municipality in writing that it no longer requires the use of any Equipment, the Company shall, at the Municipality’s request and within a reasonable period of time as agreed to by the Parties, act as follows at the Company’s sole cost and expense: (a) remove the abandoned Equipment that is above ground; (b) subject to (c) immediately below, make safe any underground vaults, manholes and any other underground structures that are not occupied or used by a Third Party, Page 287 of 376 Page 18 (collectively “Abandoned Underground Structures”); (c) where, in the reasonable opinion of the Municipal Engineer, the Abandoned Underground Structures will interfere with any municipally-approved project that will require excavation or otherwise disturb the portions of the ROWs in which the Abandoned Underground Structures are located, then the Company shall, at or about the time the excavation of such portions of the ROWs for said project commences, remove the Abandoned Underground Structures therein. Upon removal of the abandoned Equipment or upon the removal or making safe of Underground Structures, the Company shall repair any damage resulting from such removal or making safe and restore the affected ROWs to the condition in which they existed prior to the removal or making safe. If the Company fails to remove such Equipment and restore the ROWs within the time specified above and to the satisfaction of the Municipal Engineer, the Municipality may complete such removal and restoration and the Company shall pay the associated Municipality’s Costs. 10.6. Continuing obligations. Notwithstanding the expiry or earlier termination of this Agreement, each Party shall continue to be liable to the other Party for all payments due and obligations incurred hereunder prior to the date of such expiry or termination. 11. INSURANCE 11.1. General. Throughout the term of this Agreement and any renewals or extension thereto, the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in an amount and description as described below to protect the Company and the Municipality to the extent of the Municipality’s rights as additional insured from claims for damages for bodily injury (including death) and property damage which may arise from the Company’s operations under this Agreement, including the use or maintenance of the Equipment Within the ROWs or any act or omission of the Company and its employees, contractors and agents while engaged in the Work. The Company Insurance shall include all costs, charges and expenses reasonably incurred with any such injury or damage. 11.2. Comprehensive general liability occurrence-based insurance. Without limiting the generality of the foregoing, the Company shall obtain and maintain comprehensive general liability occurrence-based insurance coverage which: (a) covers claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million Dollars ($5,000,000.00) per claim (exclusive of interest and costs) and not less than Five Million Dollars ($5,000,000.00) for products and completed operations. The required insurance limit may be composed of any combination of primary and excess liability (or ‘umbrella’) insurance policies; (b) extends to cover the contractual obligations of the Company as stated within this Agreement; Page 288 of 376 Page 19 (c) names the Municipality as an additional insured; and (d) contains cross liability and severability of interest clauses. 11.3. Insurance certificates. The Company shall provide , in a form acceptable to the Municipality, certificates of insurance in respect of the Company Insurance evidencing the cross liability and severability clauses and confirming the Municipality as an “additional insured” within fifteen (15) Business days following the execution of this Agreement. Thereafter, the Company shall provide the Municipality with a certificate of insurance as evidence of all renewals of the Company Insurance in a form acceptable to the Municipality. 11.4. General insurance conditions. (a) The Company Insurance shall not be construed to, and shall in no manner, limit or restrict the Company’s liability or obligations under this Agreement. (b) The Municipality shall not be liable for any premiums relating to policies under the Company Insurance. (c) The policies under the Company Insurance shall provide: (i) that they are primary insurance which will not call into contribution any other insurance available to the Municipality; (ii) a waiver for severability of interest; and (iii) that the Company Insurance shall not be cancelled, lapsed or materially changed to the detriment of the Municipality without at least thirty (30) days’ notice to the Municipality by registered mail. 12. LIABILITY AND INDEMNIFICATION 12.1. Definitions. For the purposes of this Section 12, the following definitions shall apply: (a) “Municipality” means the Municipality and its elected and appointed officials, officers, employees, contractors, agents, successors and assigns; (b) “Company” means the Company and its directors, officers, employees, contractors, agents, successors and assigns; (c) “Claims” means any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind; (d) “Losses” means, in respect of any matter, all losses, damages, liabilities, deficiencies, Costs and expenses; and Page 289 of 376 Page 20 (e) “Costs” means those costs (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a Third Party or otherwise) awarded in accordance with the order of a court of competent jurisdiction, the order of a board, tribunal or arbitrator or costs negotiated in the settlement of a claim or action. 12.2. No liability, Municipality. Except for Claims or Losses arising, in whole or in part, from the negligence or wilful misconduct of the Municipality, the Municipality shall not: (f) be responsible, either directly or indirectly, for any damage to the Equipment howsoever caused; and (g) be liable to the Company for any Losses whatsoever suffered or incurred by the Company, on account of any actions or omissions of the Municipality under this Agreement. 12.3. No liability, both Parties. Notwithstanding anything else in this Agreement, neither Party shall be liable to any person in any way for special, incidental, indirect, consequential, exemplary or punitive damages, including damages for pure economic loss or for failure to realize expected profits, howsoever caused or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder. 12.4. Indemnification by Company. Except for Claims or Losses arising from the gross negligence or willful misconduct of the Municipality, the Company covenants and agrees to indemnify, defend and save harmless the Municipality from and against any and all Claims or Losses that the Municipality may suffer or incur arising from: (a) the Company’s exercise of any of its rights under this Agreement; (b) the Company’s performance of any Work Within the ROWs and the operation or use of the Equipment by the Company or any other person; (c) the Company undertaking any activity Within the ROWs which is ancillary to the Company’s exercise of its rights under this Agreement; and (d) any breach of this Agreement by the Company. 12.5. Indemnification by Municipality. Except for Claims or Losses arising from the gross negligence or willful misconduct of the Company, the Municipality shall defend and save harmless the Company from and against all Claims and Losses that the Company may suffer or incur arising from: (a) any damage to property (including property of the Company); or Page 290 of 376 Page 21 (b) any injury to individuals (including injury resulting in death), including the Company’s employees, servants, agents, licensees and invitees, caused by, resulting from or attributable to an act or omission of the Municipality or its employees, servants or agents. 12.6. Method of Indemnification. The indemnifying party shall, upon demand by the indemnified party and at the sole risk and expense of the indemnifying party: (a) defend any and all charges, offences, prosecutions, suits, actions or other legal proceedings which may be brought or instituted against the indemnified party under a Claim to which the indemnity in Section 12.4 or 12.5 applies (“Proceedings”); (b) pay and satisfy any judgement or decree rendered against the indemnified party in the Proceeding; and (c) reimburse the indemnified party all of its reasonable legal expenses (on a solicitor- client basis) incurred in the Proceeding. 12.7. Notification of Claim. Each Party shall, provide the other Party with written notice of a Claim that may invoke an indemnification obligations hereunder, of becoming aware of the Claim, including its understanding of the factual basis for and amount of the Claim. 12.8. Failure to act. If the indemnifying Party does not assume and continue control of the defence of any Claim within fifteen (15) days of the initial written request from the indemnified Party, then the indemnified Party shall have the exclusive right to contest, settle or pay the amount claimed, and shall have the right to recover all amounts in full from the other Indemnifying Party. 12.9. Settlement. The indemnifying Party may defend the Claim with counsel of its own choosing provided that it does not: (a) enter into a settlement or compromise without the prior consent of the indemnified Party (which consent shall not unreasonably be withheld or delayed); or, (b) without the indemnified Party’s prior written consent, agree to any settlement terms and conditions that would involve the admission of liability, or the imposition of any liability on, the indemnified Party. 12.10. Survival. The obligation of a Party to indemnify, defend and save harmless the other Party shall survive the termination or expiry of this Agreement. 13. ENVIRONMENTAL LIABILITY Page 291 of 376 Page 22 13.1. Municipality not responsible. The Municipality is not responsible, either directly or indirectly, for any damage to the natural environment or property, including any nuisance, trespass, negligence, or injury to any person, howsoever caused, arising from the presence, deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection with the Company’s occupation or use of the ROWs, unless such damage was caused directly or indirectly by the negligence or wilful misconduct of the Municipality or those for which it is responsible in law. 13.2. Company to assume environmental liabilities. The Company agrees to assume all environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever relating to its use of the ROWs, including, without limitation, any liability for the clean-up, removal or remediation of any Hazardous Substance on or under the ROWs that result from: (a) the occupation, operations or activities of the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company Within the ROWs; or (b) any Equipment brought or placed Within the ROWs by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company; unless such damage was caused directly or indirectly in whole or in part by the negligence or wilful misconduct on the part of the Municipality or those for which it is responsible in law. 14. FORCE MAJEURE Except for the Parties’ obligations to make payments to each other under this Agreement, neither Party shall be liable for a delay in its performance or its failure to perform hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions on forms of commercial activity; or order of any civil or military authority; national emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be given by the Party unable to perform to the other Party and the Party unable to perform shall be permitted to delay its performance for so long as the occurrence continues. Should the suspension of obligations due to Force Majeure exceed two (2) months, either Party may terminate this Agreement without liability upon delivery of notice to the other Party. 15. DISPUTE RESOLUTION 15.1. General. The Parties hereby acknowledge and agree that: (a) this Agreement has been entered into voluntarily by the Parties with the intention that is shall be final and binding on the Parties until it is terminated or expires in Page 292 of 376 Page 23 accordance with its terms; (b) it is the intention of the Parties that all Disputes (as defined in Section 15.2) be resolved in a fair, efficient, and timely manner without incurring undue expense and, wherever possible, without the intervention of the CRTC; and (c) the CRTC shall be requested by the Parties to consider and provide a decision only with respect to those matters which form the basis of the original Dispute as set out in the Dispute notice issued under Section 15.2. 15.2. Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly through discussions at the operational level. In the event a resolution is not achieved, the disputing Party shall provide the other Party with written notice of the Dispute and the Parties shall attempt to resolve such Dispute between senior officers who have the authority to settle the Dispute. All negotiations conducted by such officers shall be confidential and shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, either Party may initiate legal proceedings and/or submit the Dispute to the CRTC for resolution. 15.3. Continued performance. Except where clearly prevented by the nature of the Dispute, the Municipality and the Company agree to continue performing their respective obligations under this Agreement while a Dispute is subject to the terms of Section 15.2. 16. NOTICES 16.1. Method of Notice. Any notice required may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile or email transmission to either Party at the following addresses: If to the Municipality: With a copy to: The Corporation of the Town of Tillsonburg Page 293 of 376 Page 24 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Attn: Chief Administrative Officer Fax: 519.842.9431 Email: dcalder@tillsonburg.ca If to the Company With a copy to: North Frontenac Telephone Elgin Corp. 5405 Eglinton Avenue West Suite 214 Toronto, ON M9C 5K6 Attn: President Fax: 416.595.1044 Email: Rays@londonproperty.ca Packet-Tel Corp. 515 Dotzert Ct. Unit 7 Waterloo, ON N2L 6A7 Attn: President Fax: 519.579.8475 Email: mandrews@packetworks.net 16.2. Delivery of notice. Any notice given pursuant to Section 16.1 shall be deemed to have been received on the date on which it was delivered in person, or, if transmitted by facsimile or email during the regular business hours of the Party receiving the notice, on the date it was transmitted, or, if transmitted by facsimile or email outside regular business hours of the Party receiving the notice, on the next regular business day of the Party receiving the notice; provided, however, that either Party may change its address and/or facsimile number or email address for purposes of receipt of any such communication by giving ten (10) days’ prior written notice of such change to the other Party in the manner described above. 17. GENERAL 17.1. Authority to enter/perform Agreement. Each Party hereby represents and warrants to the other that it has all requisite right, power and authority to enter into and perform its obligations under this Agreement 17.2. Entire agreement. This Agreement, together with the Schedules attached hereto, constitutes the complete and exclusive statement of the understandings between the Parties with respect to the rights and obligations hereunder and supersedes all proposals and prior Page 294 of 376 Page 25 agreements, oral or written, between the Parties. 17.3. Gender and number. In this Agreement, words importing the singular include the plural and vice versa, words importing gender, include all genders. 17.4. Sections and headings. The division of this Agreement into articles, sections and subsections and the insertion of headings are for convenience of reference only and do not affect the interpretation of this Agreement. Unless otherwise indicated, references in this Agreement to an article, section, subsection or schedule are to the specified article, section or subsection of or schedule to this Agreement. 17.5. Statutory references. A reference to a statute includes all regulations and rules made pursuant to the statute and, unless otherwise specified, the provisions of any statute or regulation which amends, supplements or supersedes the statute or the regulation. 17.6. Including. Where the word “including” or “includes” is used in this Agreement it means “including (or includes) without limitation as to the generality of the foregoing”. 17.7. Currency. Unless otherwise indicated, references in this Agreement to money amounts are to the lawful currency of Canada. 17.8. Assignment. This Agreement may not be assigned, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, either Party shall have the right to assign this Agreement to an Affiliate without the consent of the other Party, provided that: i) it is not in material breach of this Agreement; ii) it has given prompt written notice to the other Party; iii) any assignee agrees to be bound by the terms and conditions of this Agreement; and iv) the assignee is not in direct competition with the other Party, in which case, prior written consent would be required. 17.9. Parties to act reasonably. Each Party shall at all times act reasonably in the performance of its obligations and the exercise of its rights and discretion under this Agreement. 17.10. Amendments. Except as expressly provided in this Agreement, no modification of or amendment to this Agreement shall be effective unless agreed to in writing by the Municipality and the Company. 17.11. Survival. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance thereof by the Parties hereto shall so survive the completion of performance, the expiration and termination of this Agreement, including, without limitation, provisions with respect to indemnification and the making of any and all payments due hereunder. 17.12. Governing law. This Agreement shall be governed by the laws of the Province of Ontario and all federal laws of Canada applicable therein. 17.13. Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder Page 295 of 376 Page 26 or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. 17.14. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect. 17.15. Inurement. This Agreement is and shall be binding upon and inure to the benefit of the Parties hereto and their respective legal representatives, successors, and permitted assigns, and may not be changed or modified except in writing, duly signed by the Parties hereto. 17.16. Equitable Relief. Either Party may, in addition to any other remedies it may have at law or equity, seek equitable relief, including without limitation, injunctive relief, and specific performance to enforce its rights or the other party’s obligations under this Agreement. Page 296 of 376 Page 297 of 376 Page 28 SCHEDULE A - PERMITS REQUIRED BY THE MUNICIPALITY WORK ACTIVITY MC1 EP2 Notification Only3 No permit or notification4 Any installation of Equipment that requires Excavation5 in the ROW, including: • The installation of buried Equipment crossing a road; • The installation of new Above-ground Equipment6; • The relocation of buried Equipment or Above- ground Equipment; • The replacement of existing Above-ground Equipment with equipment that is significantly larger; and, • The installation of buried Service Drops that cross a road or a break a hard surface of the ROW. X X The installation of aerial Equipment (excluding aerial Service Drops) X X The maintenance, testing and repair of Equipment where there is physical disturbance or changes to the ROW X The maintenance, testing and repair of Equipment where there is no or minimal physical disturbance or changes to the ROW or its use; including: • Installing single service connections or cable inside existing duct structure; and, • Where the ROW is a “Local Road” as defined in the County of Oxford Official Plan (Town of Tillsonburg Transportation Network Plan) X The maintenance, testing and repair of Equipment where there is physical disturbance or changes to the ROW or its use; or: • Where the ROW is an “Arterial Road” or “Collector Road” as defined in the County of Oxford Official Plan (Town of Tillsonburg Transportation Network Plan) X Aerial Service Drops where vehicle or pedestrian traffic is impeded or blocked or parking on a maintained boulevard is required X Page 298 of 376 Page 29 Buried Service Drops (i.e., single wire containing no more than four (4) wires for lengths of no longer more than 50 metres along the ROW) X Pulling or placing cabling through an existing duct where Excavation is required in the ROW and/or where the ROW is an Arterial or Collector road X Pulling or placing cabling through an existing duct where the ROW is a local road X Excavations (including day-lighting) within the ROW to investigate subsurface conditions, infrastructure location or to perform maintenance (No additional Equipment installed) X Emergency Work including Excavation X* Relocation of underground or surface Equipment X X Tree trimming within ROWs X Any other Work activity agreed to by the Municipality X X * Note: Any Emergency Work shall be undertaken in accordance with the terms of Section 3.6 of this agreement . 1 “MC” means Municipal Consent. 2 “EP” means Encroachment Permit. 3 Depending on the nature of the Work, the type of ROW or the Municipality’s Traffic Management Policy, the Municipality may require an EP or other type of consent. 4 Subject to its Traffic Management Policy, the Municipality may require notification or an EP. 5 “Excavation” means the breaching or breaking up of the hard surface of the ROW, and includes activities such as day-lighting, test pitting, digging pits and directional boring but excludes hand-digging. 6 “Above-ground Equipment” means, in all cases above, any structure located on the surface of the ROW used to house or support the Equipment, and includes cabinets, pedestals, poles and lamp poles but excludes aerial Equipment. SCHEDULE B – FEES AND CHARGES PAYABLE BY THE COMPANY Page 299 of 376 Page 30 1. Annual Fees for Encroachment Permits The table below sets out the annual fee payable by the Company and based on the number of applications for Encroachment Permits submitted by the Company in the prior calendar year. The annual Encroachment Permit fee will be billed in January based on the number of Encroachment Permit applications made by the Company in the previous year. No. of Encroachment Permit Applications Annual Encroachment Permit Fee 10 to 100 $2,500.00 101 to 500 $5,000.00 501 to 1000 $8,000.00 1001 to 2000 $10,000.00 Over 2000 $15,000.00 2. Municipal Consent (MC) Fee For each application for a MC, the Company shall pay an application fee of $405.00 per street (including a wrap-around to a side-street of no more than 20 metres). These fees shall be paid at the time the application for a MC is made by the Company. 3. Pavement Degradation Schedule of Fees These fees shall be paid at the time the Encroachment Permit application is made, and adjusted based on area of pavement actually cut during the trenching. Age of Pavement Age Fee per m² of pavement cut 2 years or less $75.00 2 to 5 years $25.00 5 to 10 years $10.00 10 or more years $4.00 Page 300 of 376 SCHEDULE C - RELOCATION COSTS As outlined in Section 7.3 of the Agreement, the Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing a relocation requested by the Municipality (the “Relocation Costs”) based upon the following: 1. Reimbursement for Relocation Costs The Municipality shall be required to pay to the Company a percentage of its Relocation Costs based on the table below: Year since MC was issued Percentage or Relocation Costs paid by Municipality Years 1 to 5 100% Year 6 80% Year 7 60% Year 8 40% Year 9 20% Year 10 and thereafter 0% 2. Equipment affected by Municipality’s Capital Works Plan. Prior to the issuance of a Permit, the Municipality will advise the Company in writing whether the Company’s proposed location for new Equipment will be affected by the Municipality’s three (3) year capital works plan (the “Capital Works Plan”).1 If the Municipality advises that the new Equipment will be so affected and the Company, despite being advised of such, requests the Municipality to issue the Permit, then the Municipality may issue a conditional Permit stating that, if the Municipality requires, pursuant to any project identified in the Capital Works Plan as of the date of approval, the Company to relocate the Equipment within three (3) years of the date of the Permit, the Company will be required to relocate the Equipment at its own cost, notwithstanding Section 7.3 of this Schedule. 3. Municipality not responsible for Third Party Relocation Costs. Unless otherwise agreed to between the Municipality and the Third Party, in no event shall the Municipality be responsible under this Agreement for: (a) the costs of the Company to relocate Equipment at the request of a Third Party; or (b) the costs or relocating the facilities of a Third Party installed on or in the Equipment. 1 The duration of the Municipality’s capital works program may vary. Page 301 of 376 4. Company not responsible for Third Party Relocation Costs. Unless otherwise agreed to between the Company and the Third Party, in no event shall the Company be responsible under this Agreement for: (a) the costs of the Company to relocate Equipment at the request of a Third Party; or (b) the costs of relocating the facilities of a Third Party installed on or in the Equipment. 5. Equipment Upgrades. Unless otherwise agreed to by the Parties, Relocation Costs shall not include the installation of any Equipment by the Company for the purpose of providing an up-graded service, which shall be at the sole cost of the Company. The Parties agree that the Relocation Costs to be allocated between the parties shall be based on the use of the same approximate quantity, quality and type of Equipment and manner of construction for the new installation as was used for the original, subject to any adjustments required due to: (a) technological change or industry construction methods; (b) the need for an installation of greater length or other modifications due to, for example, space constraints or the presence of Third Party equipment; or (c) the undergrounding of aerial Equipment where required as part of the relocation where cost sharing is permitted under this Agreement. Page 302 of 376 Report Title Results for Tender RFT 2019-012 Concession Street West Reconstruction Report No. OPS 19-33 Author Shayne Reitsma, P.Eng., Manager of Engineering Meeting Type Council Meeting Council Date July 8, 2019 Attachments  None Page 1 / 5 RECOMMENDATION THAT Council receive Report OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction; AND THAT Council award Tender RFT 2019-012 to Euro Ex Construction of Woodstock, ON at a cost of $1,780,948.06 (net HST included), the lowest bid received satisfying all Tender requirements; AND THAT Council approves an additional use of DC Reserves in the amount of $39,276 towards this project; AND FURTHER THAT Council authorize the use of Gas Tax Reserves to fund the remaining $6,288 in project costs. SUMMARY Tenders were called for the Concession Street West Reconstruction project that extends from Quarter Town line to the westerly limits of the Town of Tillsonburg, approximately 515m, as shown in Figure 1. There were eighteen (18) plan takers and a total of three (3) bids that were received on June 21st 2019, with the lowest bid from Euro Ex Construction at $1,780,948.06 (net HST included). The reconstruction of Concession Street West will involve the construction of new sanitary and storm sewers, new watermain, accessible sidewalks, asphalt road surface paving including curb and gutter as well as any required boulevard and driveway restoration. The tender was advertised on the Town of Tillsonburg website, the Tillsonburg News, ESolutions and Biddingo. Results of the tender are summarized as follows (net HST of 1.76% included): Bidder Location Bid Amount 2. Euro Ex Construction Woodstock, Ontario $1,780,948.06 4. CH Excavating (2013) London, Ontario $1,930,544.52 5. Network Sewer and Watermain Ltd Cambridge, Ontario $2,165,526.44 The lowest bid amount is comprised of $640384.56 County and $1,140,563.50 Town costs. The bids also include a $155,000 contingency allowance for any unforeseen expenses encountered during construction. Page 303 of 376 Page 2 / 5 CONSULTATION/COMMUNICATION Notice of a Public Information Center (PIC) was posted on the Towns website and in the local newspaper for two (2) weeks prior to the June 19th 2019 PIC. The PIC was hosted at the Community Center between 6:00pm to 7:00pm. No members of the community participated in the PIC. Staff have also discussed the scope of work with some residents on-site and received no follow- up requests for information. Any planned full roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to affected residents in advance. Residents in the construction area will also be notified of the overall construction schedule and potential impacts prior to and during the course of construction, as necessary. FINANCIAL IMPACT/FUNDING SOURCE The Town’s portion of contracted items is $1,140,563.50 (net HST) plus an additional $135,000 in estimated required utility make-ready work (i.e. Tillsonburg Hydro, Rogers, Bell) for a total project cost of $1,275,563.50. The 2019 approved capital budget for this project is $1,230,000 consisting of $170,000 from Taxation and $1,060,000 from the Development Charge (DC) Reserve. The total project cost exceeds the approved budget by $45,563.50. The 2019 Development Charge Study indicates that a portion of the project costs are DC eligible. Therefore staff are requesting that an increased allocation from DC Reserves in the amount of $39,276 be utilized for this project with the remaining $6,288 of the budget shortfall to be funded by Gas Tax Reserves. The total tendered price for the County’s portion of contract items is $640,384.56 (net HST). COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 304 of 376 Page 3 / 5 Figure 1 – Concession Street West Reconstruction Page 305 of 376 Page 4 / 5 Page 306 of 376 Page 5 / 5 Report Approval Details Document Title: OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction.docx Attachments: Final Approval Date: Jul 1, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jun 27, 2019 - 11:59 AM David Calder - Jun 27, 2019 - 3:14 PM Donna Wilson - Jul 1, 2019 - 7:14 PM Page 307 of 376 Report Title February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Report No. RCP 19-32 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date July 8, 2019 Attachments TMLA Tour Introductory Email TMLA Tour Planning Slide Deck TMLA Game Agreement Tillsonburg Page 1 / 4 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni RECOMMENDATION THAT Council receives Report RCP 19-32 – February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni; AND THAT Council approves a February 15, 2020 F.A.R.E. Fundraiser featuring the Toronto Maple Leafs Alumni. EXECUTIVE SUMMARY This report provides an outline of a single fundraising event with the potential to achieve the 2020 annual target for the F.A.R.E. program. The proposed event is a charity hockey game featuring Alumni from the Toronto Maple Leafs, scheduled for the Family Day weekend in February 2020. This report provides an outline of the proposed event and seeks Council approval to proceed. BACKGROUND Staff provided Council with an update on the Fee Assisted Recreation Experience (F.A.R.E.) program at the Council Meeting on May 13, 2019. In that report, it was identified that the program requires an ongoing fundraising program to support the demand, with an annual target of at least $10,000. In May, staff was approached by representatives of the Toronto Maple Leafs Alumni TLMA with the idea of holding a fundraising event in Tillsonburg. In light of the need for a fundraising program to support F.A.R.E., and given the scope of the potential commitment required to execute such an event, staff believe that bringing the two elements together as a Town- organized event is an exciting and appropriate project. The chosen date is February 15, 2020, the Saturday of Family Day long weekend – the family-friendly nature of the TMLA Tour aligns with the values of the weekend, and of the F.A.R.E. program very well. The commitment is significant – and so is the opportunity. A pro-forma budget has been developed which outlines the estimated revenues and expenses, resulting in a net surplus of $10,000. The Town’s contribution would be to contribute the venue and the staff time to organize the event. In addition, a large cohort of volunteers will be needed to support the event, and staff anticipates connecting with all of the hockey organizations and other hockey supporters Page 308 of 376 Page 2 / 4 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni in Tillsonburg to assist with the event. If Council endorses the project, staff will execute the contract with TMLA and begin detailed event planning. FINANCIAL IMPACT/FUNDING SOURCE The pro-forma budget developed for the event is provided below. This project is not considered in the 2019 budget. As it is intended to achieve a surplus, the funding source is event-related revenue. Expenses related to this event that are expended in 2019 would be identified as pre-paid expenses in the 2019 financial statements and be shown as operational expenses in the 2020 budget. 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 Revenue Expenses Admission Sales (700 @ $12.50)$8,750 TMLA Fee $15,000 VIP Ticket Sales (50 @ $75)$3,750 TMLA Accommodations $1,500 Blue Line Room SOP sales $1,200 TMLA Extras $5,000 Title Sponsor $6,000 TMLA Food & Beverages $500 Media Sponsor $3,000 Skate Sharpening $350 Opposing Team Sponsor $3,000 Opposing Team Expenses $2,000 Officials Sponsor $2,500 Insurance $1,500 Hospitality Sponsor $2,500 Officials $1,000 VIP Event Sponsor $2,500 Security $1,000 TMLA Extras Sponsors (4 @ $1500)$6,000 VIP/Blue Line Room Expenses $3,000 Player Sponsors (10 @ $750)$5,000 Advertising & Sponsorship expense $5,000 Silent Auction Proceeds $3,000 Facility Rental $0 Raffle/Chuck-a-puck proceeds $2,000 Contingency, net HST $3,350 Total Revenue (Estimated)$49,200 Total Expenses (Estimated)$39,200 Net Surplus (Loss)$10,000 TMLA Tour F.A.R.E. Fundraising Event Pro-Forma Budget Page 309 of 376 Page 3 / 4 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Page 310 of 376 Page 4 / 4 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Report Approval Details Document Title: RCP 19-32 - February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni.docx Attachments: - RCP 19-31 - ATT 01 - TMLA Tour introduction email.pdf - RCP 19-31 - ATT 02 - TMLA Tour Planning Deck.pdf - RCP 19-31 - ATT 03 - TMLA Game Agreement Tillsonburg 2020.pdf Final Approval Date: Jul 3, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 3, 2019 - 9:26 AM Page 311 of 376 From: Mariah McCrank [mailto:Mariah.McCrank@MLSE.com] Sent: Tuesday, May 14, 2019 3:25 PM To: David Calder Subject: Re: Toronto Maple Leafs Alumni Hi David, Thanks for the call earlier, and for taking the time to learn more about our Toronto Maple Leafs Alumni tour! I've attached our planning deck for your review – it's a brief overview of how our alumni games are put together. I've also sent you a We Transfer of a recap video of our most recent trip to Moose Factory, Ontario. Let me know if you received it, as sometimes it goes straight to junk mail. For the base fee of $15,000, we will provide 10 players, a goalie and trainers. Here's a sample roster: 1. JS Aubin (G) 2. Rick Vaive 3. David Reid 4. Tom Fergus 5. Mike Krushelnyski 6. Mike Zigomanis 7. Dan Daoust 8. Ric Nattress 9. Gary Leeman 10. Dave McLlwain 11. Al Iafrate In addition to the players, here are other items that would be included: 1. 1 hour VIP Meet & Greet for 100 guests 2. Opportunity to auction / raffle off a spot on the Leafs Alumni roster ($180 per jersey) 3. Opportunity to auction / raffle off a spot as a Leafs Assistant Coach 4. Leafs Alumni Dressing Room visit for 20 guests during the intermission 5. Leafs Alumni swag to giveaway to fans 6. Game Announcer (if available) 7. Game Scripting (e.g. player introductions) 8. Music Here are additional items that we could provide, at an additional cost: Page 312 of 376 1. Alumni Referee 2. Additional Roster Members 3. Community Visit(s) 4. Mascot 5. In Arena Host Essentially, you would be responsible for the backend planning of the game, ranging from securing the opposing team's roster (players who are 35+), booking the arena, promoting the event, and selling tickets. We also ask that you provide a pre-game meal for players (with food and beverages in the dressing room), and overnight accommodation as requested. We also recommend reaching out to local organizations to sponsor the event. We can't have any major conflicting sponsors with MLSE, so we ask that you send me a proposed sponsor list before reaching out. If you have any questions, please let me know! Thanks again, and I'll call you at 10am on Tuesday May 28th to see how the initial discussions with your team went. Talk soon, Mariah -------------------------------------------------------------------------------------------------------- MARIAH MCCRANK | COORDINATOR, TORONTO MAPLE LEAFS ALUMNI 50 Bay St. | Suite 500 | Toronto, ON M5J 2L2
 M: 416. 559. 3650 | E: mariah.mccrank@mlse.com Page 313 of 376 1 Page 314 of 376 2 Page 315 of 376 • • • • • • • • • • • • • • • • • • • 3 Page 316 of 376 • • • • • • • • • • • • • 4 Page 317 of 376 Page 318 of 376 6 Page 319 of 376 1 S:\97\97256\TMLA Game Contractv2.docx Organization Name (client): Town of Tillsonburg Attention: David Calder Address: 10 Lisgar Avenue, Tillsonburg ON, N4G 5A5 Phone: 519-688-3009 Ext. 3227 Email: dcalder@tillsonburg.ca THIS AGREEMENT dated the 31st day of May, 2019 BETWEEN the Toronto Maple Leafs Alumni, hereinafter referred to as "TMLA" AND the Town of Tillsonburg hereinafter referred to as the "client." WHEREAS client will retain TMLA to perform in a Benefit Celebrity Hockey Game and potential autograph Session. NOW THEREFORE the parties covenant and agree as follows: LOCATION AND DATE: Client shall stage a Benefit Hockey Game featuring the Toronto Maple Leafs Alumni and the ____________________ (name of team), which shall take place in Tillsonburg at the Tillsonburg Community Centre on February 15th, 2020 (hereinafter referred to as the "Game"). REQUIREMENTS FOR THE GAME & FEE SCHEDULE: ØØ 10 TMLA Players, 1 Goalie(s), and up to 2 Trainers. ØØ $15,000 TMLA Player/Goalie/Trainer and TMLA Administration Fee. ØØ $1,950 HST ØØ $16,950 TOTAL FEES. ØØ TMLA will use their best efforts to confirm players by January 9th, 2020. Note: the TMLA roster is subject to change up to game time pending player availability or unforeseen circumstances. Page 320 of 376 2 S:\97\97256\TMLA Game Contractv2.docx TMLA AGREES TO: ØØ Provide a complete line up of Maple Leafs Alumni to play in the Game. The TMLA will consist of players, a goalie and trainers. TMLA will provide and control the use of its own jerseys (including auctioning of the jerseys throughout the game). ØØ Authorize the use of TMLA name and logo, strictly for the purpose of marketing and promoting the Game. Any other use is prohibited. All use of TMLA logo must be approved by TMLA. This includes all media, TV and radio outlets. ØØ Provide its own transportation of its players and personnel. ØØ Additional Requests of the TMLA to be approved on an event by event basis such as: Coaching/player positions for auction, donation(s) for auction, dressing room visits and an autograph session. CLIENT AGREES TO: ØØ Client shall be solely responsible for all financial obligations and expenses in connection with the Game including but not limited to, the promotion, operation, production and presentation of the Game, including (without limitation) securing and furnishing the venue at which the Game shall be held and procuring all necessary consents, approvals and/or licenses required to stage the Game, fees payable to both teams, arena rental and any other related event & promotional expenses (event insurance, advertising and printing). As promoter of the Game, client will have the exclusive rights and responsibilities in connection with the production, presentation and operations of the Game. ØØ Handle the entire Game and promotion including tickets sales, soliciting corporate sponsors, and coordinating event set up and Game agenda. ØØ Pay the FEES noted in REQUIREMENTS FOR THE GAME & FEE SCHEDULE (above). Payment terms for FEES are 25% due upon execution of this Agreement, and the remainder 90 days prior to the event. FEES once paid are non-refundable upon cancellation of the Game by client for any reason whatsoever. ØØ Pay additional travel fees for players travelling distances greater than 100 km round trip. ØØ All payments of FEES are to be payable to the “TORONTO MAPLE LEAFS ALUMNI.” ØØ Provide the opposing team light colour jerseys and socks (TMLA to wear blue jerseys). ØØ Provide 2 linesmen and 1 referee. TMLA can provide referees for an additional charge upon request (additional client request). ØØ IMPORTANT: Maple Leaf Sports & Entertainment (MLSE), including TMLA, has a limited number of Platinum Corporate Sponsors. It is agreed and understood that client will not approach said sponsors in connection to marketing nor sponsoring this Game without the approval of TMLA. Further, client will provide TMLA a list of host sponsors and targeted sponsors as well as intended media outlets in advance to ensure approval. Approval shall not be unreasonably withheld. ØØ Provide complimentary food and beverage post-game in the TMLA locker-room. ØØ Client agrees to provide over-night accommodations for all TMLA representatives as requested. TMLA will confirm accommodations requirements. ØØ Client agrees to indemnify and hold harmless TMLA, its members, employees, officers and directors from and against all claims, actions, damages, liabilities and expenses (including, legal fees and disbursements) in connection with : (i) loss of life, personal injury, or loss or damage to property of client or others, arising from or out of any occurrence of or related to the Game; and (ii) Page 321 of 376 3 S:\97\97256\TMLA Game Contractv2.docx any acts, omissions, negligence or willful misconduct of client, its employees, agents or representatives in the performance of its duties and responsibilities under this Agreement. Client agrees to set a minimum TMLA player liability amount to $2,000,000. Client shall provide an endorsement from the primary insurance carrier which specifically names the TMLA & MLSE as a co-additional insured and includes a Hold Harmless provision in the endorsement. ADDITIONAL ITEMS ØØ Any and all salable items, raffles, auctions and/or any other revenue generating opportunities will be controlled by client. ØØ This Agreement and the rights and responsibilities of the parties hereunder may not and shall not be assigned without the express written consent of the other party hereto. ØØ This Agreement constitutes the sole and entire agreement between the parties and supersedes any prior oral or written communications between them and no alternation, amendment or modification hereof shall be valid unless evidenced by an instrument in writing executed by the parties hereto. ØØ This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and shall in all respects be treated as an Ontario contract. ØØ This Agreement will be binding and effective upon the execution thereof. IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto by the signatures of their proper officers in that behalf. Toronto Maple Leafs Alumni: Client: ____________________________________ Print Name _______________________________ ____________________________________ Dan Daoust, President Authorized signature Page 322 of 376 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Dianne MacKeigan, Sherry Hamilton, Joan Weston, Donna Scanlan MEMBERS ABSENT/REGRETS Chris Rosehart/ Rosemary Dean 1. Call to Order The meeting was called to order at 2:31 pm 2. Adoption of Agenda Moved By- Joan Weston Seconded By- Donna Scanlan Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of May 30, 2019 be adopted as circulated. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of April 25, 2019 Moved By- Sherry Hamilton Seconded By- Marianne Sandham Proposed Resolution #2 THAT the minutes of the meeting for the Museum Advisory Committee meeting of April 25, 2019 be adopted as circulated. Carried The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, May 30, 2019 2:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES Page 323 of 376 5. Delegations and Presentations-none 6.General Business & Reports 6.1. Financial- There is a balance of $136,298.71 in the Annandale House Trust account. 6.2. Tour Guides-One new tour guide volunteer, Joe Matysz, has started training and has shadowed guides on tours given this month 6.3. Curator- The curator’s report was circulated and discussed.. Moved By-Joan Weston Seconded By-Sherry Hamilton Proposed Resolution #3 THAT the reports be accepted as discussed. Carried 7.Correspondence- none 8. Other Business 8.1. A proposed schedule for the curator’s leave was distributed, discussed and is attached. 8.2. Following adjournment, Donna Scanlan conducted a tour of the gardens outside to point out her concerns prior to the Garden Tour on June 22 which will include ANHS. Those concerns included the following: -condition of the fence and alley access that is town property -condition of the signs -lack of an outside faucet at the corner of the house -drainage pipes near the basement entrance 9. Next Meeting- Thursday, June 27, 2019 10. Adjournment Page 324 of 376 Moved By- Dianne MacKeigan Proposed Resolution #4 THAT the meeting be adjourned at 3:07 pm Carried Page 325 of 376 Page 326 of 376 The Corporation of the Town of Tillsonburg Parks, Beautification and Cemetery Advisory Committee June 6, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Paul DeCloet, Bob Marsden, Christine Nagy, Donna Scanlan, Maurice Verhoeve, Sue Saelens & Mike Dean Absent with Regrets: Ken Butcher, Paul Wareing, Penny Esseltine & Marian Smith Also Present: Corey Hill 1. Call to Order The meeting was called to order at 9:01 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Christine Nagy Seconded by: Sue Saelens THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory Committee meeting of June 6, 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 Resolution #2 Moved by: Sue Saelens Seconded by: Bob Marsden THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes of May 2, 2019, be approved. Carried 5. Presentations/Deputations 5.1. Trails Master Plan – Rick Cox, Director or Recreation, Culture & Parks Rick Cox outlined the Town’s Master Trails Plan for the Committee’s information. 6. General Business & Reports 6.1. Keep Tillsonburg Beautiful/Trails Festival Event – Sue Saelens Sue Saelens, Chair of the Keep Tillsonburg Beautiful/Oxford Trails Festival Event Sub- Committee, provided the Committee with a summary of the June 2nd event. The event was deemed a success with approx. 160 people in attendance. There will be one last Page 327 of 376 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 2 - of 2 Date: June 6, 2019 wrap up meeting of the Sub-Committee meeting to review the event and collect recommendations for any future events. 6.2. Scattering Gardens Sub-Committee Report – Ken Butcher; In Ken’s absence, Corey Hill, Committee Staff Liaison, outlined that the sub-committee met on May 16th and that Ken Butcher was compiling sub-committee feedback into a standardized questionnaire for other municipalities and similar sized cemeteries regarding their scattering gardens. The next sub-committee meeting is scheduled for June 27th 2019. 6.3. Horticultural Society – Christine Nagy Christine Nagy presented that given the BIA’s downtown beautification plan, the Horticultural Society would not be continuing in 2020 with their initiative to raise community donations to offset the Town’s downtown flower urns. 6.4. Cemetery By-law (#3640) Revisions Corey Hill, Committee Staff Liaison, distributed a copy of the Bereavement Authority of Ontario’s (BAO) guide to developing a Cemetery By-law. It was suggested in discussions that the best way to revise the Cemetery By-law would be to approach each section in the guide at a time. There was consensus for that approach. As such, the Committee was asked to take away the BAO guide and come to the next meeting prepared to review the “General Information” section as it pertains to the Tillsonburg Cemetery. It was also noted that information such as staffing and service delivery model are deemed operational and would not be appropriate to be included in the revised By-law. The Cemetery By-law will be added as a standing agenda item to permit ongoing Committee discussion. 7. Correspondence None 8. Other Business None 9. Next Meeting Thursday, July 4th, 2019, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting room. 10. Adjournment Resolution #5 Moved by: Bob Marsden Seconded by: Sue Saelens THAT the June 6, 2019 Parks, Beautification and Cemetery Advisory Committee meeting be adjourned at 10:02 a.m. Carried Page 328 of 376 The Corporation of the Town of Tillsonburg Cultural, Heritage and Special Awards Advisory Committee June 20, 2019 5:30 p.m. Suite 203, 200 Broadway, 2nd Floor SPECIAL MEETING MINUTES Present: Rosemary Dean, Penny Esseltine, Terry Fleming, Vernon Fleming, Erin Getty, Carrie Lewis, James Murphy and Collette Takacs. Regrets: Deb Beard and Mark Dickson. Also Present: Amelia Jaggard, Legislative Services Coordinator Andrew Teeple, Athon Construction Regrets: Patty Phelps, Culture and Heritage Manager/Curator 1. Call to Order The meeting was called to order at 5:30 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 June 20, 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 5. Presentations/Deputations 5.1. Preservation and Restoration of 83 Rolph Street, Tillsonburg Presented by: Andrew Teeple, Athon Construction Andrew Teeple of Athon Construction appeared before the committee to present the proposed alterations to the Rolph Street Public School building at 83 Rolph Street, Tillsonburg. Page 329 of 376 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 2 Date: June 20, 2019 The property owner is proposing to stand the front three dormers up straight, creating three heritage gable roofs to match the already approved gable roofs on the rear of the building. The other two dormers will be updated to match the original style. The proposed alterations would affect the following two heritage attributes of the Rolph Street Public School building as listed in Schedule ‘B’ to By-Law 3852: • Original window openings and sills maintained; • Original 5 dormers on the third floor overlooking the front of the school. The proposed alterations would reduce the use of already approved modern skylights. The use of vertical windows would make the building more resilient and energy efficient. Motion Moved by: Erin Getty Seconded by: Carrie Lewis THAT the committee recommend to Council to consent to the application as presented at the committee’s special meeting on June 20, 2019. Carried. 6. Other Business 7. Next Meeting Wednesday, July 3, 2019 at 5:30 p.m. at the Corporate Office in Suite 203. 8. Adjournment Proposed Resolution #2 Moved by: Erin Getty Seconded by: Carrie Lewis THAT the June 20, 2019 Cultural, Heritage and Special Awards Advisory Committee special meeting be adjourned at 6:20 p.m. Carried. Page 330 of 376 The Corporation of the Town of Tillsonburg Recreation & Sports Advisory Committee June 26, 2019 7:00 p.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Chris Parker, Dace Zvanitajs, Jeff VanRybroeck, Don Baxter, Eugene Todd, Carrie Lewis Absent with Regrets: Kim Sage, Susie Wray Also Present: Andrea Brown, Margaret Puhr 1. Call to Order The meeting was called to order at 6:56p.m. 2. Adoption of Agenda Resolution #1 Moved by: Chris Parker Seconded by: Jeff VanRybroeck THAT the Agenda as prepared for the Recreation & Sports Advisory Committee meeting of June 26, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Don Baxter Seconded by: Carrie Lewis THAT the joint Recreation & Sports Advisory Committee and Memorial Park Revitalization Committee Meeting Minutes of May 29, 2019, be approved. Carried 5. Presentations/Deputations 6. General Business & Reports 6.1. Future of aquatics in Tillsonburg: review of the Committee’s response – Chair Eugene Todd presented the joint resolutions to the Council at the June 24 council. Councillor Parker indicated that Conil through Staff requested further feedback from Service Clubs with a decision expected by year end. Page 331 of 376 Committee: Recreation & Parks Advisory Committee Page - 2 - of 3 Date: April 11, 2019 6.2. Update on committee Chairs’ meeting – the Clerk met with the Chairs of the town committees to review policies and expectations of the advisory committees as well as review of the new code of conduct of the committees. Members are encouraged to review. 6.3. Draft of RZone policy review – background: many municipalities use a respect policy to manage access and use of the recreation facilities and help protect users, volunteers and staff. Councillor Parker indicated that Ontario Minor Hockey Association asked if Tillsonburg could develop such a policy. 6.4. Proposed Resolution #3 Moved by: Carrie Lewis Seconded by: Dace Zvanitajs THAT the RZone Policy as presented to the Recreation & Sports advisory committee be approved and endorsed by the committee and THAT this policy be adopted by the Council as town policy. Carried 6.5. Set committee goals – 1. Supporting the FARE program 2. Make the town bicycle friendly and accessible to cyclists 3. Continue to be involved in recreation and aquatics planning process 4. Promote safe and harassment free enjoyment of recreation facilities A. Adoption of the RZone policy 5. Promotion of healthy lifestyle through new and innovative activities 6. Working and interacting with other committees A. Schedule a fall meeting with the members of the Accessibility Advisory Committee 8. Supporting the Recreation Master Plan development and implementation 7. Correspondence 8. Other Business 9. Next Meeting – September 11, 2019 at 7:00pm, considering some conflicts, the second Wednesday is proposed going forward. 10. Adjournment Resolution #3 Moved by: Don Baxter Seconded by: Dace Zvanitajs THAT the April 11, 2019 Recreation & Sports Advisory Committee meeting be adjourned at 7:55 p.m. Carried Page 332 of 376 Committee: Recreation & Parks Advisory Committee Page - 3 - of 3 Date: April 11, 2019 Page 333 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of June 5, 2019 Approved July 3, 2019 Members in attendance: Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Tom Masschaele, Stewart Patterson and John Scholten Staff in attendance: J. Maxwell, A. LeDuc, L. Minshall, B. Hodi and D. McLachlan Regrets: Ken Hewitt and Peter Ypma The meeting was called to order at 6:30 pm Wednesday May 1, 2019 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DECLARATION OF CONFLICTS OF INTEREST None MINUTES OF PREVIOUS MEETINGS No questions or comments. MOTION A-71/19 moved: R. Chambers seconded: S. Patterson THAT the minutes of the Board of Directors Regular Meeting held May 1, 2019 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES a) Backus Museum Committee Minutes MOTION A-72/19 moved: R. Chambers seconded: S. Patterson THAT the minutes from the Backus Museum Committee meeting of April 15, 2019 be received as information. CARRIED Page 334 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - b) Lee Brown Marsh Management Committee MOTION A-73/19 moved: V. Donnell seconded: T. Masschaele THAT the minutes from the Backus Museum Committee meeting of January 18, 2019 be received as information. CARRIED CORRESPONDENCE None DEVELOPMENT APPLICATIONS MOTION A-74/19 moved: V. Donnell seconded: T. Masschaele THAT the LPRCA Board of Director’s does now sit as a Hearing Board. CARRIED The roll was called to conduct the following Hearing under Section 28.1(5) of the Conservation Authorities Act. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. a) Hearing LPRCA – 73/19 – Campbell L. Minshall, Manager of Watershed Services introduced Mr. Colin Campbell and his agent Mr. Nathan Kolomaya and then presented the staff report. This application was received January 22, 2019 to construct a new home and retaining wall, and place fill material and regrade the slope on a vacant lot. The area requested for the construction is in the Lake Erie shoreline erosion hazard and is contrary to the LPRCA policies for administration of O. Reg. 178.06. In addition, the application is incomplete with respect to several aspects of engineering. Therefore, staff recommended refusal. K. Chopp arrived at 6:55pm and was advised she would be unable to participate in the Hearing as per Section 3.3 of the LPRCA Hearing Procedures Policy. Mr. Kolomaya spoke on behalf of the applicant noting that the applicant has decided to take the recommendation to install the building on deep piles to bedrock. Mr. Kolomaya referred to the current homes on Brown street as having no issues with slope stability but did concede that one of the homes had a retaining wall failure that has since been corrected and hasn’t affected the home. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. Page 335 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - MOTION A-75/19 moved: D. Beres seconded: V. Donnell THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority. CARRIED MOTION A-76/19 moved by: R. Geysens seconded: V. Donnell That the LPRCA Hearing Board does now adjourn from the closed session. CARRIED The Chair read the following motion as discussed in the closed session. MOTION A-77/19 moved: R. Chambers seconded: S. Patterson WHEREAS, the Application is deemed incomplete with respect to: 1. Geotechnical Report to MNRF Technical Guide Standards specific to this proposal 2. Engineering and details on the pile foundation 3. Engineering and details on the retaining wall and how it is going to be constructed 4. Assessment of the current condition of the concrete block wall, toe erosion protection and the remaining life and the addition of erosion protection upgrade if required. 5. That the structure be relocated as far from the hazard as the property allows. Therefore, this Hearing is adjourned. CARRIED MOTION A-78/19 moved: T. Masschaele seconded: S. Patterson THAT the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED b) Staff Approved applications Staff approved 14 applications over the past month. LPRCA-38/19, LPRCA-61/19, LPRCA-64/19, LPRCA-66/19, LPRCA-68/19, LPRCA-69/19, LPRCA-75/19, LPRCA-76/19, LPRCA-77/19, LPRCA-78/19, LPRCA-80/19 LPRCA-81/19, LPRCA-84/19 and LPRCA-85/19. Page 336 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - MOTION A-79/19 moved: T. Masschaele seconded: V. Donnell That the Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated May 24, 2019 as information. CARRIED c) New applications The Planning Department recommended approval for 12 applications. MOTION A-80/19 moved: S. Patterson seconded: T. Masschaele THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), . LPRCA-79/19 LPRCA-90/19 LPRCA-98/19 LPRCA-87/19 LPRCA-94/19 LPRCA-99/19 LPRCA-88/19 LPRCA-96/19 LPRCA-102/19 LPRCA-89/19 LPRCA-97/19 LPRCA-104/19 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) GENERAL MANAGER’S REPORT The GM highlighted some of the recent operational activities of the various departments. The electrical work at Waterford North has been delayed by the weather. Posts and water lines should be in this week and the transformer is on order. The target date is now the end of June and there has been a lot of interest expressed in the new sites. It was announced today that the federal government will invest $15 million over four years to the 50 Million Tree Program recently cut by the Ontario government. MOTION A-81/19 moved: R. Chambers seconded: S. Patterson THAT the LPRCA Board of Directors receives the General Manager’s Report for May 2019 as information. CARRIED Page 337 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 5 - b) UPDATE ON NORFOLK COUNTY LAKE ERIE HAZARD MAPPING, AND LPRCA RIVERINE FLOOD HAZARD MAPPING AND RISK ASSESSMENT The Norfolk County Lake Erie Hazard Mapping Project was awarded to Baird & Associates to map out the hazards to be used to help emergency personnel during flood events, help inform Planning staff in planning decisions, and provide current information to builders doing works in areas along Lake Erie and flood-prone areas. There will be a Public Information Centre (PIC) held in June and another near the end of the project for public input on local conditions of consequence to the project, and to inform homeowners on flood hazard mitigation and emergency preparedness. The Flood Hazard Mapping and Risk Assessment Project was awarded to Wood & Associates to map out the hazards for approximately 90km of LPRCA watershed watercourses. There will be two PICs at three locations throughout the watershed. All Notices of Commencement will be posted on the LPRCA website and local newspapers. The two projects are 50% funded through the Natural Disaster Mitigation Program (NDMP) and are tracking on budget. MOTION A-82/19 moved: V. Donnell seconded: S. Patterson THAT the LPRCA receives the update on the Norfolk County Lake Erie Hazard Mapping and Risk Assessment, and the LPRCA Flood Hazard Mapping Projects as information. CARRIED c) BAIRD NOTICE: PROPERTIES OF CONCERN IN EROSION HAZARD As part of the Lake Erie Hazard Mapping and Risk Assessment Project, Baird and Associates, and Terraprobe completed a photo inventory of the study area and notified LPRCA about a number of properties of concern; three properties were deemed to be in imminent danger of slope failure. Norfolk County Planning and Building staff have been notified and letters have been sent to the property owners. MOTION A-83/19 moved: T. Masschaele seconded: V. Donnell THAT the LPRCA Board of Directors receives the report, Properties of Concern in Erosion Hazard, as information. CARRIED e) PROVINCIAL OFFENCES OFFICER APPOINTMENT Brandon Good, Backus Heritage CA Supervisor completed the Provincial Offences Page 338 of 376 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 6 - Officer training this past March. With this appointment there are now three Provincial Offences Officers at LPRCA. MOTION A-84/19 moved: R. Chambers seconded: T. Masschaele THAT the LPRCA Board of Directors designates Brandon Good as a Provincial Offences Officer in accordance with the Provincial Offences Act for the purpose of enforcing the Trespass to Property Act and the Conservation Authorities Act. CARRIED MOTION A-85/19 moved: R. Geysens seconded: D. Beres THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Personal matters about an identifiable individual, including employees of the Authority CARRIED MOTION A-86/19 moved: T. Masschaele seconded: K. Chopp THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-87/19 moved: V. Donnell seconded: D. Beres THAT the Board receives the closed session verbal update as information. CARRIED The Chair adjourned the meeting at 8:35pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 339 of 376 THE CORPORATION OF THE TOWN OF TILLSONBURNG BY-LAW NUMBER 4323 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to “MG-7” the zone symbol of the lands so designated “MG-7” on Schedule “A” attached hereto. 2. That Section 17.3 to By-Law Number 3295 as amended, is hereby further amended by adding the following subsection at the end thereof: “17.3.7 LOCATION: SOUTH SIDE OF SPRUCE STREET, BETWEEN VIENNA ROAD AND CEDAR– LOTS 1617 & 1638, PLAN 500, PART 1 OF 41R-1662 & 41R-1932 MG-7 (KEY MAP 35) 17.3.7.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any MG-7 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Section 17.1; building supply store and yard; furniture and home appliance sales and service establishment; household power equipment sales and service establishment; a liquidation retail outlet; a service shop; an upholstery shop. 17.3.7.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any MG-7 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 17.3.7.2.1 For the purposes of this subsection, a ‘liquidation retail outlet’ means any building or part of a building in which discounted or surplus items, of a varied nature, including furniture, appliances, household goods, and other items are resold to the public. 17.3.7.3 That all of the provisions of the MG Zone in Section 17.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” Page 340 of 376 Page 2 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 8th day of July, 2019. READ a third time and finally passed this 8th day of July, 2019. Mayor Clerk Page 341 of 376 L O T 1 6 1 7 P A R T 14 1 R - 1 6 6 2 P A R T 1 4 1 R - 1 9 3 2 N81°59'40"W41.71 N54° 4 9 ' 0 0 " W 55.28 R=65.61 A=223.42 N17°18'20"E 87.86N3°47'05"W 143.36N45 ° 4 6 ' 2 0 " W 34. 7 5 SPRUCE S T HIGHWAY 3 P L A N 5 0 0 L O T 1 6 3 8 SCHEDULE "A" LOTS 1617 AND 1638, PLAN 500PART 1, REFERENCE PLAN 41R-1662 ANDPART 1, REFERENCE PLAN 41R-1932TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO MG-7 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar TOWN CLERK - Donna Wilson THIS IS SCHEDULE "A" TO BY-LAW No. 4323, PASSED THE 8th DAY OF JULY, 2019 TO BY-LAW No. 4323 © 20 0 20 40 6010 METRES Page 342 of 376 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4325 BEING A BY-LAW To Authorize a Municipal Access Agreement between the Corporation of the Town of Tillsonburg and North Frontenac Telephone Elgin Corp. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement between the Corporation of the Town of Tillsonburg and North Frontenac Telephone Elgin Corp., to enable North Frontenac Telephone Elgin Corp. to expand their network services in the Town of Tillsonburg. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this By-Law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg; 3. AND THAT this By-Law shall come into full force and take effect after the final passing hereof. READ A FIRST AND SECOND TIME THIS 8th DAY OF JULY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF JULY, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 343 of 376 Page 1 MUNICIPAL ACCESS AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND NORTH FRONTENAC TELEPHONE ELGIN CORP. Page 344 of 376 Page 2 CRTC Decisions on Municipal Access Ledcor/Vancouver – Construction, operation and maintenance of transmission lines in Vancouver, Decision CRTC 2001-23, 25 January 2001 (the “Ledcor Decision”) Part VII application by MTSA Corp. seeking access to Light Rail Transit (LRT) lands in the City of Edmonton, Telecom Decision CRTC 2005-36, 17 June 2005 (the “Allstream - Edmonton Decision”) Shaw Cablesystems Limited's request for access to highways and other public places within the District of Maple Ridge on terms and conditions in accordance with Decision 2001-23, Telecom Decision CRTC 2007-100, 25 October 2007 (the “Shaw - Maple Ridge Decision”) Shaw Cablesystems Limited's request for access to highways and other public places in the County of Wheatland, Alberta, Telecom Decision CRTC 2008-45, 30 May 2008 (the “Shaw - Wheatland Decision”) Application by the City of Baie-Comeau regarding the costs to relocate TELUS Communications Company's telecommunications facilities, Telecom Decision CRTC 2008-91, 19 September 2008 (the “Telus - Baie-Comeau Decision”) MTSA Inc. – Application regarding a Municipal Access Agreement with the City of Vancouver, Telecom Regulatory Policy CRTC 2009-150, 19 March 2009 (the “Allstream – Vancouver Decision”) Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Application regarding access to municipal property in the City of Thunder Bay, Telecom Decision CRTC 2010-806, 29 October 2010 (the “Bell – Thunder Bay Decision”) Page 345 of 376 Page 3 TABLE OF CONTENTS 1. DEFINITIONS AND INTERPRETATION ............................................................................ 5 2. USE OF ROWs ........................................................................................................................ 7 3. PERMITS TO CONDUCT WORK ........................................................................................ 7 4. MANNER OF WORK ............................................................................................................ 9 5. REMEDIAL WORK ............................................................................................................. 11 6. LOCATING FACILITIES IN ROWs ................................................................................... 13 7. RELOCATION OF EQUIPMENT ....................................................................................... 14 8. FEES AND OTHER CHARGES .......................................................................................... 15 9. REGULATORY CHANGE .................................................................................................. 16 10. TERM AND TERMINATION .............................................................................................. 16 11. INSURANCE ........................................................................................................................ 18 12. LIABILITY AND INDEMNIFICATION ............................................................................. 19 13. ENVIRONMENTAL LIABILITY ........................................................................................ 21 14. FORCE MAJEURE ............................................................................................................... 22 15. DISPUTE RESOLUTION ..................................................................................................... 22 16. NOTICES .............................................................................................................................. 23 17. GENERAL ............................................................................................................................ 24 Page 346 of 376 Page 4 MUNICIPAL ACCESS AGREEMENT This Municipal Access Agreement shall be effective as of the ___ day of ______, 20__ (the “Effective Date”). B E T W E E N: THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Municipality”) - and - NORTH FRONTENAC TELEPHONE ELGIN CORP. (the “Company”) (each, a “Party” and, collectively, the “Parties”) RECITALS WHEREAS the Company is a “telecommunications common carrier” as defined in the Telecommunications Act, S.C. 1993, c.38 (“Telecom Act”) or “distribution undertaking” as defined in the Broadcasting Act, S.C. 1991, c.11 (collectively, a “Carrier”) and is subject to the jurisdiction of the Canadian Radio-television and Telecommunications Commission (the “CRTC”); AND WHEREAS, in order to operate as a Carrier, the Company requires to construct, maintain and operate its Equipment (hereinafter defined) in, on, over, under, across or along (“Within”) the highways, streets, road allowances, lanes, bridges or viaducts which are under the jurisdiction of the Municipality (collectively, “Rights-of-Way” or “ROWs”) or other public places as agreed to by the Parties; AND WHEREAS, pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s consent to construct its Equipment Within the ROWs and the Municipality is willing to grant the Company a non-exclusive right to access and use the ROWs; provided that such use will not unduly interfere with the public use and enjoyment of the ROWs, nor any rights or privileges previously conferred or conferred after the Effective Date by the Municipality on Third Parties (hereinafter defined) to use or access the ROWs; AND WHEREAS the Parties have agreed that it would be mutually beneficial to outline the terms and conditions pursuant to which the Municipality hereby provides its consent; Page 347 of 376 Page 5 NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained herein, the Parties agree and covenant with each other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1. Definitions. (a) “Affiliate” means: i. in the case of the Company, “affiliate” as defined in the Canada Business Corporations Act that is also a Carrier. ii. in the case of the Municipality, a local board, agency or commission of the Municipality or a corporation which is partially or solely owned by, and is controlled by, the Municipality, and which has as a primary purpose, the management and maintenance of the ROWs. (b) “Agreement” means this Municipal Access Agreement, complete with the Schedules attached hereto. (c) “Applicable Laws” means: (i) applicable federal or provincial statutes, regulations, laws, orders-in- council, by-laws, codes and policies and includes Municipal Guidelines (hereinafter defined); (ii) applicable orders, decisions, codes, judgments, injunctions, decrees, awards and writs of any court, tribunal, arbitrator, governmental authority (including the CRTC) or other person having jurisdiction; and, (ii) applicable rulings and conditions of any licence, Permit, certificate, registration, authorization, consent and approval issued by a governmental authority. (d) “Business Day” means any day that is not a Saturday, Sunday or a statutory or civic holiday. (e) “Emergency” means an unforeseen situation where immediate action must be taken to preserve the environment, public health, safety or an essential service of either of the Parties. (f) “Encroachment Permit” means a Permit issued by the Municipality authorizing the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs when performing the Work (as more fully described in Schedule A). Page 348 of 376 Page 6 (g) “Equipment” means the transmission and distribution facilities owned by the Company and its Affiliates, comprising fibre optic, coaxial or other nature or form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary structures and equipment located Within the ROWs. (h) “Hazardous Substance” means any harmful substance including, without limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous substances, dangerous goods and toxic substances, as defined, judicially interpreted or identified in any applicable law (including the common law). (i) “Municipal Consent” means the written consent of the Municipality, with or without conditions, to allow the Company to perform Work Within the ROWs that requires the excavation or breaking up of the ROWs (as more fully described in Schedule A). (j) “Municipal Engineer” means the Director of Operations of the Municipality or the individual designated by him or her. (k) “Municipality’s Costs” means the reasonable and verifiable costs and expenses of the Municipality, including the cost of labour and materials, plus a reasonable overhead charge of ten percent (10%). (l) “Permit” means a Municipal Consent or a Encroachment Permit or both. (m) “Service Drop” means a cable that, by its design, capacity and relationship to other cables of the Company, can be reasonably considered to be for the sole purpose of connecting backbone of the Equipment to not more than one individual customer or building point of presence or property. (n) “Third Party” means any person that is not a party to this Agreement nor an Affiliate of either Party, and includes any person that attaches its facilities in, on or to the Equipment under an agreement with the Company. (o) “Work” means, but is not limited to, any installation, removal, construction, maintenance, repair, replacement, relocation, operation, adjustment or other alteration of the Equipment performed by the Company Within the ROWs, including the excavation, repair and restoration of the ROWs. 1.2. Industry Terms. Words having well-known technical or trade meanings within the context of municipal construction and the communications industry shall be so construed, and all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires. Page 349 of 376 Page 7 1.3. Recitals and Schedules. The beginning part of this Agreement entitled “Recitals” and the following schedules are annexed to this Agreement and are hereby incorporated by reference into this Agreement and form part hereof: Schedule A - Permits Required by the Municipality Schedule B – Fees and Charges Payable by the Company Schedule C – Relocation Costs 2. USE OF ROWs 2.1. Consent to use ROWs. The Municipality hereby consents to the Company’s use of the ROWs for the purpose of performing its Work, subject to the terms and conditions of this Agreement and in accordance with all applicable municipal by-laws, rules, policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment and the use of the ROWs. 2.2. Scope of municipal consent. The Company shall not, in the exercise of its rights under this Agreement, unduly interfere with the public use and enjoyment of the ROWs. 2.3. No ownership rights. The Parties acknowledge and agree that: (a) the use of the ROWs under this Agreement shall not create nor vest in the Company any ownership or property rights in the ROWs; and (b) the placement of the Equipment Within the ROWs shall not create or vest in the Municipality any ownership or property rights to the Equipment. 2.4. Condition of ROWs. The Municipality makes no representations or warranties as to the state of repair of the ROWs or the suitability or fitness of the ROWs for any business, activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an “as is” basis. 3. PERMITS TO CONDUCT WORK 3.1. Permit Requirements Permits are generally required for all work except as may be prescribed in Schedule A. (a) Work Within the ROWs by the Company is subject to the authorization requirements of the Municipality as set out in Schedule A. (b) For each Permit required above, the Company shall submit to the Municipality a completed application, in a form specified by the Municipality and including the applicable fee set out in Schedule B. Page 350 of 376 Page 8 (c) Subject to Section 3.4, the Municipality will issue the applicable Permits within fifteen (15) days of receiving a complete application, or such other time as agreed to by the Parties having regard to the complexity of the Work covered by the application and the volume of Permit applications before the Municipality at that time. 3.2. Expiry of Permit. In the event that the Company has not commenced construction of the approved Work associated with a particular Permit within the prescribed timeframe from the issuance of the Permit, and has not sought and received an extension to the Permit from the Municipality, which extension shall not be unreasonably withheld, the Permit shall be null and void. In such circumstances, any fees paid by the Company in respect of the expired Permit shall not be refunded and the Company must obtain a new Permit for the Work. 3.3. Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall, prior to undertaking any Work that requires a Municipal Consent, submit the following to the Municipal Engineer: (a) construction plans of the proposed Work, showing the locations of the proposed and existing Equipment and other facilities, and specifying the boundaries of the area within the Municipality within which the Work is proposed to take place; and (b) all other relevant plans, drawings and other information as may be normally required by the Municipal Engineer from time to time for the purposes of issuing Permits. 3.4. Refusal to issue Permits. In case of conflict with any bona fide municipal purpose, including reasons of public safety and health, conflicts with existing infrastructure, proposed road construction, or the proper functioning of public services, all as identified in writing to the Company by the Municipality, the Municipality may request amendments to the plans referred to in Section 3.3 or may choose to refuse to issue a Permit. 3.5. Temporary Connections. In the case where a temporary connection is required, the Company will make it a permanent installation within 90 days within construction season or 30 days after the start of the construction season. The Company will ensure any temporary connection or Service Drop will be placed to have wires and cables cross ROWs with adequate vertical clearance and do not lie on the ground; and the Company remedy any conditions deemed unsafe by the Municipality within 10 days. 3.6. Restoration of the Company’s service during Emergencies. Notwithstanding Section 3.1, in the event of an Emergency, the Company shall be permitted, provided that the Company gives notice to the Municipality as soon as reasonably practicable, to perform such remedial Work as is reasonably necessary to restore its services without complying with Section 3.1; provided that the Company does comply with Section 3.1 within five (5) business days of completing the Work. Page 351 of 376 Page 9 3.7. Temporary changes by Municipality. Notwithstanding any other provision in this Agreement, the Municipality reserves the right to set, adjust or change the approved schedule of Work by the Company for the purpose of coordinating or managing any major events or activities, including the restriction of any Work during those restricted time periods; provided however, that any such adjustment or change shall be conducted so as minimize interruption to the Company’s operations. The Municipality shall use its commercially reasonable efforts to provide to the Company forty-eight (48) hours advance written notice of any change to the approved schedule of Work, except that, in the case of any Emergency, the Municipality shall provide such advance notice as is reasonably possible in the circumstances. 4. MANNER OF WORK 4.1. Compliance with Applicable Laws, etc. All Work shall be conducted and completed to the satisfaction of the Municipality and in accordance with: (a) the Applicable Laws (and, in particular, all laws and codes relating to occupational health and safety); (b) the Municipal Guidelines; (c) this Agreement; and (d) the applicable Permits issued under Section 3.1. 4.2. Underground Equipment. The Company shall place those portions of the Equipment that cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in concrete, or as otherwise specified by the Municipality. 4.3. Stoppage of Work. The Municipality may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety or any circumstances beyond its control. In such circumstances, the Municipality shall provide the Company with a verbal order and reasons to stop the Work and the Company shall cease the Work immediately. Within two (2) business days of the verbal order, the Municipality shall provide the Company with a written stop work order with reasons. When the reasons for the Work stoppage have been resolved, the Municipality shall advise the Company immediately that it can commence the Work. 4.4. Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Equipment Within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. 4.5. Utility co-ordination committee. The Company shall participate in a utility co-ordination committee established by the Municipality and contribute to its equitable share of the reasonable costs of the operation and administration of the committee as approved by such Page 352 of 376 Page 10 committee. 4.6. Emergency contact personnel. The Company and the Municipality shall provide to each other a list of 24-hour emergency contact personnel, available at all times, including contact particulars, and shall ensure that the list is kept current. 4.7. Emergency work by Municipality. In the event of an Emergency, the Municipality shall as soon as reasonably practicable contact the Company and, as circumstances permit, allow the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with the Equipment, having regard to the nature of the Emergency. Notwithstanding the foregoing, the Municipality may take all such measures it deems necessary to address the Emergency and otherwise re-establish a safe environment, and the Company shall pay the Municipality’s Costs that are directly attributable to the Work or the presence of the Equipment in the ROWs. 4.8. “As-built” drawings. Where required by the Municipality, the Company shall, no later than 90 days after completion of any Work provide the Municipal Engineer with accurate “as-built” drawings, prepared in accordance with such standards as may be required by the Municipal Engineer, sufficient to accurately establish the plan, profile and dimensions of the Equipment installed Within the ROWs. Such drawings shall only be used for the purposes of facilitating the Municipal Engineer’s conduct of planning and issuance of Work permits. The “as-constructed” drawings must be protected through reasonable measures and must not be shared beyond those who require it for the purposes described above, nor must they be used for any other purpose or combined with other information. 4.9. Street aesthetics. Where commercially reasonable and technically practicable, the Company will participate in joint initiatives with the Municipality, developers and other occupants of the ROWs for the purpose of improving street, landscape and community aesthetics, including installing Equipment into specially-designed units, pedestals or cabinets or, where permitted, clustering units, pedestals or cabinets together. 4.10. Removal of graffiti. The Company shall use its commercially reasonable efforts to clean, remove or conceal graffiti or other unauthorized markings located and visible on the Equipment in a timely manner and to the satisfaction of the Municipality. Without limiting the generality of the foregoing, the Company will remove or conceal all offensive graffiti from its Equipment within forty-eight (48) hours written notice from the Municipality and all other graffiti within five (5) business days’ written notice from the Municipality. In the event that the Company does not remove or conceal the graffiti in accordance with this section, the Municipality may take such steps as it deems reasonable and necessary to remove or conceal the graffiti and charge the Municipality’s Costs of so doing to the Company. Page 353 of 376 Page 11 4.11. Maintenance of above-ground cabinets. The Company shall: (a) maintain a regular maintenance program to clean, straighten, paint and repair its above-ground cabinets; and, (b) within five (5) days of written notice from the Municipality, compete any such maintenance requested by the Municipality. 4.12. Where Equipment is located incorrectly. Where the location of any portion of the Equipment in a ROW is located outside a distance of one (1) metre horizontally (centre-line to centre-line) from the location approved in the Permit or as shown on the as-built drawings (as accepted by the Municipality) and, as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Permit or as-built drawings (the “Conflict”), the following shall apply: (a) The Municipality will notify the Company of the Conflict, following which the Company shall, in consultation with the Municipality, attempt to resolve the Conflict. (b) If the Company is unable to resolve the Conflict in a reasonable time commensurate with the situation and to the Municipal Engineer’s satisfaction, then the Company shall pay the Municipality’s Costs as a direct result of the Conflict including the Municipality’s costs of remedying the Conflict in such manner as the Municipality shall determine appropriate. 4.13. Agents and Sub-contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any the acts, omissions or performance of its agents and sub-contractors. The Company shall ensure that all of its agents and sub-contractors have proper identification, visible at the site on which the Work is being conducted, displaying the name of the person or company for which they work. 5. REMEDIAL WORK 5.1. General. Following the completion of any Work, the Company shall leave the ROW in a neat, clean, and safe condition and free from nuisance, all to the satisfaction of the Municipality. Subject to Section 5.5, where the Company is required to break or otherwise disturb the surface of a ROW to perform its Work, it shall repair and restore the surface of the ROW to substantially the same condition it was in before the Work was undertaken, all in accordance with the Municipal Guidelines and to the satisfaction of the Municipal Engineer. 5.2. Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the requirements for the Company completing the road restoration work will vary depending on if and when pavement has been recently repaved or overlaid, as follows: Page 354 of 376 Page 12 (a) if pavement has been repaved or overlaid during the five-year period immediately prior to the date of issuance of the Permit, then the Municipality may require that the Company grind and overlay the full lane width of pavement in the ROW; (b) if pavement has been repaved or overlaid during the two-year period immediately prior to the date of issuance, then the Municipality may require that the Company grind and overlay the full width of the pavement in the ROW; (c) in either subsections (a) or (b) above, if Third Parties, including the Municipality as a provider of services to the public, has excavated, broken up or otherwise disturbed the pavement to be ground and overlaid, the costs of that grind and overlay will be apportioned between the Company and the Third Parties on the basis of the area of their respective cuts; (d) the Municipality may not require grind and overlay under subsections (a) or (b) above for road restoration work involving: i. service connections to buildings where no other reasonable means of providing service exists and the Company had no requirement to provide service before the new pavement was placed; ii. Emergencies; and iii. other situations deemed by the Municipal Engineer to be in the public interest; and (e) if the Municipality has required the Company to grind and overlay under either subsections (a) or (b) above, the Company will have no obligation to pay Pavement Degradation fees under Schedule B in relation to that pavement. 5.3. Pavement degradation fees. At the time of applying for a Permit, the Company shall pay the Municipality the pavement degradation fees set out in Schedule B based on the age and area of the pavement to be broken by the Company, as estimated by the Municipality. Once the Work has been completed, the Parties shall determine the actual area of pavement that was disturbed or broken by the Company and the final amount owed by or to the Company. 5.4. Temporary repair. Where weather limitations or other external conditions beyond the control of the Company do not permit it to complete a final repair to the ROW within the expected period of time, the Company may complete a temporary repair to the ROW; provided that, subject to Section 5.6, the Company replaces the temporary repair with a final repair within a reasonable period of time. All repairs to the ROW by the Company shall be performed in accordance with the Municipal Guidelines and to the satisfaction of the Municipality. If a temporary repair gives rise to an unsafe condition, then this shall be deemed to Page 355 of 376 Page 13 constitute an Emergency and the provisions of Section 4.7 shall apply. 5.5. Warranty for repairs. The Company warrants its temporary repair, to the satisfaction of the Municipality until such time as the final repair is completed by the Company, or, where the Municipality is performing the final repair, for a period of two (2) years or until such time as the final repair is completed by the Municipality, whichever is earlier. The Company shall warrant its final repairs for a period of three (3) years from the date of their completion. 5.6. Repairs completed by Municipality. Where: (a) the Company fails to complete a temporary repair to the satisfaction of the Municipality within seventy-two (72) hours of being notified in writing by the Municipality, or such other period as may be agreed to by the Parties; or (b) the Company and the Municipality agree that the Municipality should perform the repair, then the Municipality may effect such work necessary to perform the repair and the Company shall pay the Municipality’s Costs of performing the repair. 5.7. Replacement of damaged trees. Where any trees are damaged as a result of any Work, the Company shall pay the Municipality for the costs to rehabilitate the trees or, where the trees have suffered irreparable damage, replace the trees to the satisfaction of the Municipality or compensate the Municipality for the value of the trees. 6. LOCATING FACILITIES IN ROWs 6.1. Locates. The Company agrees that it shall, at its own cost, record and maintain adequate records of the locations of its Equipment. Each Party shall, at its own cost and at the request of the other Party (or its contractors or authorized agents), physically locate its respective facilities by marking the ROW using paint, staking or other suitable identification method (“Locates”), under the following circumstances: (a) in the event of an Emergency, within two hours of receiving the request or as soon as practicably possible, following which the requesting Party will ensure that it has a representative on site (or alternatively, provide a contact number for its representative) to ensure that the area for the Locates is properly identified; and (b) in all other circumstances, within a time reasonably agreed upon by the Parties. 6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) Business days to Page 356 of 376 Page 14 any request from the other Party for a mark-up of municipal infrastructure or Equipment design drawings showing the location of any portion of the municipal infrastructure or Equipment, as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-ups”), and shall provide such accurate and detailed information as may be reasonably required by the requesting Party. 6.3. Inaccurate Locates. Where the Company’s Locates do not accurately correspond with either the Mark-ups or physical location of the Equipment, and as a result, the Municipality is unable to install its facilities within the affected ROWs in the manner it expected based on the Locates provided by the Company (the “Error”), the following shall apply: (a) the Municipality will notify the Company of the Error, following which the Company shall, in consultation with the Municipality, attempt to resolve the Error. (b) if the Company is unable to resolve the Error in a reasonable time commensurate with the situation and to the Municipal Engineer’s satisfaction, then the Company shall pay the Municipality’s Costs as a direct result of the Error including the Municipality’s Costs of remedying the Error in such manner as the Municipality shall determine appropriate. 7. RELOCATION OF EQUIPMENT 7.1. General. Where the Municipality requires and requests the Company to relocate its Equipment for bona fide municipal purposes, the Municipality shall notify the Company in writing and, subject to Section 7.3, the Company shall, within ninety (90) days thereafter or such other time as agreed to by the Parties having regard to the schedules of the Parties and the nature of the relocation required, perform the relocation and any other required and associated Work. 7.2. Municipality’s efforts. The Municipality will make good faith efforts to provide alternative routes for the Equipment affected by the relocation to ensure uninterrupted service to the Company’s customers. Once the Company has provided the Municipality with all information the Municipality requires to enable it to process a Permit application, the Municipality shall provide, on a timely basis, all Permits required to allow the Company to relocate the Equipment. 7.3. Reimbursement by Municipality for the Company’s Relocation Costs. The Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing a relocation requested by the Municipality (the “Relocation Costs”) based upon the principles, methodologies and procedures set out in Schedule C. 7.4. Discontinuance of ROW. Where, in the opinion of the Municipality, a ROW (or any portion thereof) in which Equipment is located is no longer required for use by the Municipality as such, the Municipality may cause such ROW to be discontinued, provided Page 357 of 376 Page 15 that: (a) if the Municipality owns the land upon which the ROW is located and does not require the Company to relocate the Equipment, it will, prior to Council approval or conveyance of the ROW, cause an easement to be registered against the property in favour of the Company; (b) if the Municipality owns the land upon which the ROW is located and does require the Company to relocate the Equipment, the Parties will, prior to Council approval or conveyance of the ROW, affect the relocation of the Equipment; and (c) in all cases, the Municipality shall reimburse the Company for 100% of the applicable Relocation Costs. 7.5. Relocation requests of Third Parties. The relocation of Equipment that is requested by a Third Party shall be at the discretion of the Company. In such circumstances: (a) unless otherwise agreed to by the Municipality, the Municipality shall not be responsible for the Company’s Relocation Costs; (b) the Company may charge its Relocation Costs to the Third Party; and (c) any such relocation under this section shall be subject to obtaining all applicable Permits in accordance with this Agreement. 7.6. Relocation performed by Municipality. If the Company fails to complete the relocation in accordance with Section 7.1, the Municipality may, at its option, complete such relocation and the Company shall pay the Municipality’s Costs of the relocation. In such a case the Municipality will not reimburse the Company pursuant to Section 7.3. 8. FEES AND OTHER CHARGES 8.1. General. The Company covenants and agrees to pay to the Municipality the fees, charges and Municipality’s Costs in accordance with this Agreement, including the fees and charges set out in Schedule B. 8.2. Invoices. Unless expressly provided elsewhere in this Agreement, where there are any payments to be made under this Agreement, the Party requesting payment shall first send a written invoice to the other Party, setting out in detail all amounts owing, including any applicable provincial and federal taxes and interest payable on prior overdue invoices, and the payment terms. The Parties agree that all payments shall be made in full by no later than sixty (60) days after the date of the invoice was received. 8.3. Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the Municipality harmless from, all taxes lawfully imposed now or in the future by the Municipality or all taxes, rates, duties, levies or fees lawfully imposed now or in future by Page 358 of 376 Page 16 any regional, provincial, federal, parliamentary or other governmental body, corporate authority, agency or commission (including, without limitation, school boards and utility commissions) but excluding the Municipality, that are attributable to the Company’s use of the ROW. 9. REGULATORY CHANGE 9.1 Agreement may be re-negotiated. If, at any time subsequent to the Effective Date of this Agreement, the provincial or federal governments or a regulatory authority acting within its jurisdiction (including the CRTC) enacts or repeals any legislation or regulation, or orders, directs or mandates anything which affects the subject matter of this Agreement (the “Regulatory Change”), then either Party may notify the other of its intention to renegotiate the terms of this Agreement based on the Regulatory Change and, within thirty (30) days thereafter, the Parties shall enter into good faith negotiations to amend this Agreement or enter into a new agreement to reflect the Regulatory Change. 9.2 If Parties are unable to come to terms. (a) If the Parties are unable to amend this Agreement or enter into a new agreement pursuant to Section 9.1, then either Party may, with thirty (30) days prior written notice to the other Party, refer the matter to the CRTC or for arbitration for resolution. (b) Subject to this right to refer the matter, if the Parties are unable to amend this Agreement or enter into a new agreement with thirty (30) days from the date of the original notice, either Party may terminate this Agreement immediately upon written notice to the other Party. 10. TERM AND TERMINATION 10.1. Initial term and renewal. This Agreement shall have an initial term of five (5) years commencing on the Effective Date and shall be renewed automatically for successive one (1) year terms unless: (a) this Agreement is terminated by either Party in accordance with this Agreement; (b) a Party delivers initial notice of non-renewal to the other Party at least ninety (90) days prior to the expiration of the then current term; or (c) this Agreement is replaced by a New Agreement (as defined below) between the Parties. 10.2. Termination by either Party. Either Party may terminate this Agreement without further obligation to the other Party, upon providing at least twenty-four (24) hours’ notice in the event of a material breach of this Agreement by the other Party after notice thereof and Page 359 of 376 Page 17 failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy or cure the breach within such thirty (30) day period, then the breaching Party shall commence to remedy or cure the breach within such thirty (30) day period and shall complete the remedy or cure within the time period stipulated in writing by the non-breaching Party. 10.3. Termination by Municipality. The Municipality may terminate this Agreement by providing the Company with at least twenty-four (24) hours’ written notice in the event that: (a) the Company becomes insolvent, makes an assignment for the benefit of its creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act; (b) the Company assigns or transfers this Agreement or any part thereof other than in accordance with Section 17.8; or (c) the Company ceases to be eligible to operate as a Carrier. 10.4. Obligations and rights upon termination or expiry of Agreement. Notwithstanding any other provision of this Agreement, if this Agreement is terminated (other than in accordance with Sections 10.2 and 10.3) or expires without renewal, then, subject to the Company’s rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the Municipality in writing that it no longer requires the use of the Equipment: (a) the terms and conditions of this Agreement shall remain in full force and effect until a new municipal access agreement (a “New Agreement”) is executed by the Parties; and (b) the Parties shall enter into meaningful and good faith negotiations to execute a New Agreement and, if, after six (6) months following the expiry of this Agreement, the Parties are unable to execute a New Agreement, then either Party may apply to the CRTC to establish the terms and conditions of the New Agreement. 10.5. Removing abandoned Equipment. Where the Company advises the Municipality in writing that it no longer requires the use of any Equipment, the Company shall, at the Municipality’s request and within a reasonable period of time as agreed to by the Parties, act as follows at the Company’s sole cost and expense: (a) remove the abandoned Equipment that is above ground; (b) subject to (c) immediately below, make safe any underground vaults, manholes and any other underground structures that are not occupied or used by a Third Party, Page 360 of 376 Page 18 (collectively “Abandoned Underground Structures”); (c) where, in the reasonable opinion of the Municipal Engineer, the Abandoned Underground Structures will interfere with any municipally-approved project that will require excavation or otherwise disturb the portions of the ROWs in which the Abandoned Underground Structures are located, then the Company shall, at or about the time the excavation of such portions of the ROWs for said project commences, remove the Abandoned Underground Structures therein. Upon removal of the abandoned Equipment or upon the removal or making safe of Underground Structures, the Company shall repair any damage resulting from such removal or making safe and restore the affected ROWs to the condition in which they existed prior to the removal or making safe. If the Company fails to remove such Equipment and restore the ROWs within the time specified above and to the satisfaction of the Municipal Engineer, the Municipality may complete such removal and restoration and the Company shall pay the associated Municipality’s Costs. 10.6. Continuing obligations. Notwithstanding the expiry or earlier termination of this Agreement, each Party shall continue to be liable to the other Party for all payments due and obligations incurred hereunder prior to the date of such expiry or termination. 11. INSURANCE 11.1. General. Throughout the term of this Agreement and any renewals or extension thereto, the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in an amount and description as described below to protect the Company and the Municipality to the extent of the Municipality’s rights as additional insured from claims for damages for bodily injury (including death) and property damage which may arise from the Company’s operations under this Agreement, including the use or maintenance of the Equipment Within the ROWs or any act or omission of the Company and its employees, contractors and agents while engaged in the Work. The Company Insurance shall include all costs, charges and expenses reasonably incurred with any such injury or damage. 11.2. Comprehensive general liability occurrence-based insurance. Without limiting the generality of the foregoing, the Company shall obtain and maintain comprehensive general liability occurrence-based insurance coverage which: (a) covers claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million Dollars ($5,000,000.00) per claim (exclusive of interest and costs) and not less than Five Million Dollars ($5,000,000.00) for products and completed operations. The required insurance limit may be composed of any combination of primary and excess liability (or ‘umbrella’) insurance policies; (b) extends to cover the contractual obligations of the Company as stated within this Agreement; Page 361 of 376 Page 19 (c) names the Municipality as an additional insured; and (d) contains cross liability and severability of interest clauses. 11.3. Insurance certificates. The Company shall provide , in a form acceptable to the Municipality, certificates of insurance in respect of the Company Insurance evidencing the cross liability and severability clauses and confirming the Municipality as an “additional insured” within fifteen (15) Business days following the execution of this Agreement. Thereafter, the Company shall provide the Municipality with a certificate of insurance as evidence of all renewals of the Company Insurance in a form acceptable to the Municipality. 11.4. General insurance conditions. (a) The Company Insurance shall not be construed to, and shall in no manner, limit or restrict the Company’s liability or obligations under this Agreement. (b) The Municipality shall not be liable for any premiums relating to policies under the Company Insurance. (c) The policies under the Company Insurance shall provide: (i) that they are primary insurance which will not call into contribution any other insurance available to the Municipality; (ii) a waiver for severability of interest; and (iii) that the Company Insurance shall not be cancelled, lapsed or materially changed to the detriment of the Municipality without at least thirty (30) days’ notice to the Municipality by registered mail. 12. LIABILITY AND INDEMNIFICATION 12.1. Definitions. For the purposes of this Section 12, the following definitions shall apply: (a) “Municipality” means the Municipality and its elected and appointed officials, officers, employees, contractors, agents, successors and assigns; (b) “Company” means the Company and its directors, officers, employees, contractors, agents, successors and assigns; (c) “Claims” means any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind; (d) “Losses” means, in respect of any matter, all losses, damages, liabilities, deficiencies, Costs and expenses; and Page 362 of 376 Page 20 (e) “Costs” means those costs (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a Third Party or otherwise) awarded in accordance with the order of a court of competent jurisdiction, the order of a board, tribunal or arbitrator or costs negotiated in the settlement of a claim or action. 12.2. No liability, Municipality. Except for Claims or Losses arising, in whole or in part, from the negligence or wilful misconduct of the Municipality, the Municipality shall not: (f) be responsible, either directly or indirectly, for any damage to the Equipment howsoever caused; and (g) be liable to the Company for any Losses whatsoever suffered or incurred by the Company, on account of any actions or omissions of the Municipality under this Agreement. 12.3. No liability, both Parties. Notwithstanding anything else in this Agreement, neither Party shall be liable to any person in any way for special, incidental, indirect, consequential, exemplary or punitive damages, including damages for pure economic loss or for failure to realize expected profits, howsoever caused or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder. 12.4. Indemnification by Company. Except for Claims or Losses arising from the gross negligence or willful misconduct of the Municipality, the Company covenants and agrees to indemnify, defend and save harmless the Municipality from and against any and all Claims or Losses that the Municipality may suffer or incur arising from: (a) the Company’s exercise of any of its rights under this Agreement; (b) the Company’s performance of any Work Within the ROWs and the operation or use of the Equipment by the Company or any other person; (c) the Company undertaking any activity Within the ROWs which is ancillary to the Company’s exercise of its rights under this Agreement; and (d) any breach of this Agreement by the Company. 12.5. Indemnification by Municipality. Except for Claims or Losses arising from the gross negligence or willful misconduct of the Company, the Municipality shall defend and save harmless the Company from and against all Claims and Losses that the Company may suffer or incur arising from: (a) any damage to property (including property of the Company); or Page 363 of 376 Page 21 (b) any injury to individuals (including injury resulting in death), including the Company’s employees, servants, agents, licensees and invitees, caused by, resulting from or attributable to an act or omission of the Municipality or its employees, servants or agents. 12.6. Method of Indemnification. The indemnifying party shall, upon demand by the indemnified party and at the sole risk and expense of the indemnifying party: (a) defend any and all charges, offences, prosecutions, suits, actions or other legal proceedings which may be brought or instituted against the indemnified party under a Claim to which the indemnity in Section 12.4 or 12.5 applies (“Proceedings”); (b) pay and satisfy any judgement or decree rendered against the indemnified party in the Proceeding; and (c) reimburse the indemnified party all of its reasonable legal expenses (on a solicitor- client basis) incurred in the Proceeding. 12.7. Notification of Claim. Each Party shall, provide the other Party with written notice of a Claim that may invoke an indemnification obligations hereunder, of becoming aware of the Claim, including its understanding of the factual basis for and amount of the Claim. 12.8. Failure to act. If the indemnifying Party does not assume and continue control of the defence of any Claim within fifteen (15) days of the initial written request from the indemnified Party, then the indemnified Party shall have the exclusive right to contest, settle or pay the amount claimed, and shall have the right to recover all amounts in full from the other Indemnifying Party. 12.9. Settlement. The indemnifying Party may defend the Claim with counsel of its own choosing provided that it does not: (a) enter into a settlement or compromise without the prior consent of the indemnified Party (which consent shall not unreasonably be withheld or delayed); or, (b) without the indemnified Party’s prior written consent, agree to any settlement terms and conditions that would involve the admission of liability, or the imposition of any liability on, the indemnified Party. 12.10. Survival. The obligation of a Party to indemnify, defend and save harmless the other Party shall survive the termination or expiry of this Agreement. 13. ENVIRONMENTAL LIABILITY Page 364 of 376 Page 22 13.1. Municipality not responsible. The Municipality is not responsible, either directly or indirectly, for any damage to the natural environment or property, including any nuisance, trespass, negligence, or injury to any person, howsoever caused, arising from the presence, deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection with the Company’s occupation or use of the ROWs, unless such damage was caused directly or indirectly by the negligence or wilful misconduct of the Municipality or those for which it is responsible in law. 13.2. Company to assume environmental liabilities. The Company agrees to assume all environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever relating to its use of the ROWs, including, without limitation, any liability for the clean-up, removal or remediation of any Hazardous Substance on or under the ROWs that result from: (a) the occupation, operations or activities of the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company Within the ROWs; or (b) any Equipment brought or placed Within the ROWs by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company; unless such damage was caused directly or indirectly in whole or in part by the negligence or wilful misconduct on the part of the Municipality or those for which it is responsible in law. 14. FORCE MAJEURE Except for the Parties’ obligations to make payments to each other under this Agreement, neither Party shall be liable for a delay in its performance or its failure to perform hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions on forms of commercial activity; or order of any civil or military authority; national emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be given by the Party unable to perform to the other Party and the Party unable to perform shall be permitted to delay its performance for so long as the occurrence continues. Should the suspension of obligations due to Force Majeure exceed two (2) months, either Party may terminate this Agreement without liability upon delivery of notice to the other Party. 15. DISPUTE RESOLUTION 15.1. General. The Parties hereby acknowledge and agree that: (a) this Agreement has been entered into voluntarily by the Parties with the intention that is shall be final and binding on the Parties until it is terminated or expires in Page 365 of 376 Page 23 accordance with its terms; (b) it is the intention of the Parties that all Disputes (as defined in Section 15.2) be resolved in a fair, efficient, and timely manner without incurring undue expense and, wherever possible, without the intervention of the CRTC; and (c) the CRTC shall be requested by the Parties to consider and provide a decision only with respect to those matters which form the basis of the original Dispute as set out in the Dispute notice issued under Section 15.2. 15.2. Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly through discussions at the operational level. In the event a resolution is not achieved, the disputing Party shall provide the other Party with written notice of the Dispute and the Parties shall attempt to resolve such Dispute between senior officers who have the authority to settle the Dispute. All negotiations conducted by such officers shall be confidential and shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, either Party may initiate legal proceedings and/or submit the Dispute to the CRTC for resolution. 15.3. Continued performance. Except where clearly prevented by the nature of the Dispute, the Municipality and the Company agree to continue performing their respective obligations under this Agreement while a Dispute is subject to the terms of Section 15.2. 16. NOTICES 16.1. Method of Notice. Any notice required may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile or email transmission to either Party at the following addresses: If to the Municipality: With a copy to: The Corporation of the Town of Tillsonburg Page 366 of 376 Page 24 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Attn: Chief Administrative Officer Fax: 519.842.9431 Email: dcalder@tillsonburg.ca If to the Company With a copy to: North Frontenac Telephone Elgin Corp. 5405 Eglinton Avenue West Suite 214 Toronto, ON M9C 5K6 Attn: President Fax: 416.595.1044 Email: Rays@londonproperty.ca Packet-Tel Corp. 515 Dotzert Ct. Unit 7 Waterloo, ON N2L 6A7 Attn: President Fax: 519.579.8475 Email: mandrews@packetworks.net 16.2. Delivery of notice. Any notice given pursuant to Section 16.1 shall be deemed to have been received on the date on which it was delivered in person, or, if transmitted by facsimile or email during the regular business hours of the Party receiving the notice, on the date it was transmitted, or, if transmitted by facsimile or email outside regular business hours of the Party receiving the notice, on the next regular business day of the Party receiving the notice; provided, however, that either Party may change its address and/or facsimile number or email address for purposes of receipt of any such communication by giving ten (10) days’ prior written notice of such change to the other Party in the manner described above. 17. GENERAL 17.1. Authority to enter/perform Agreement. Each Party hereby represents and warrants to the other that it has all requisite right, power and authority to enter into and perform its obligations under this Agreement 17.2. Entire agreement. This Agreement, together with the Schedules attached hereto, constitutes the complete and exclusive statement of the understandings between the Parties with respect to the rights and obligations hereunder and supersedes all proposals and prior Page 367 of 376 Page 25 agreements, oral or written, between the Parties. 17.3. Gender and number. In this Agreement, words importing the singular include the plural and vice versa, words importing gender, include all genders. 17.4. Sections and headings. The division of this Agreement into articles, sections and subsections and the insertion of headings are for convenience of reference only and do not affect the interpretation of this Agreement. Unless otherwise indicated, references in this Agreement to an article, section, subsection or schedule are to the specified article, section or subsection of or schedule to this Agreement. 17.5. Statutory references. A reference to a statute includes all regulations and rules made pursuant to the statute and, unless otherwise specified, the provisions of any statute or regulation which amends, supplements or supersedes the statute or the regulation. 17.6. Including. Where the word “including” or “includes” is used in this Agreement it means “including (or includes) without limitation as to the generality of the foregoing”. 17.7. Currency. Unless otherwise indicated, references in this Agreement to money amounts are to the lawful currency of Canada. 17.8. Assignment. This Agreement may not be assigned, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, either Party shall have the right to assign this Agreement to an Affiliate without the consent of the other Party, provided that: i) it is not in material breach of this Agreement; ii) it has given prompt written notice to the other Party; iii) any assignee agrees to be bound by the terms and conditions of this Agreement; and iv) the assignee is not in direct competition with the other Party, in which case, prior written consent would be required. 17.9. Parties to act reasonably. Each Party shall at all times act reasonably in the performance of its obligations and the exercise of its rights and discretion under this Agreement. 17.10. Amendments. Except as expressly provided in this Agreement, no modification of or amendment to this Agreement shall be effective unless agreed to in writing by the Municipality and the Company. 17.11. Survival. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance thereof by the Parties hereto shall so survive the completion of performance, the expiration and termination of this Agreement, including, without limitation, provisions with respect to indemnification and the making of any and all payments due hereunder. 17.12. Governing law. This Agreement shall be governed by the laws of the Province of Ontario and all federal laws of Canada applicable therein. 17.13. Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder Page 368 of 376 Page 26 or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. 17.14. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect. 17.15. Inurement. This Agreement is and shall be binding upon and inure to the benefit of the Parties hereto and their respective legal representatives, successors, and permitted assigns, and may not be changed or modified except in writing, duly signed by the Parties hereto. 17.16. Equitable Relief. Either Party may, in addition to any other remedies it may have at law or equity, seek equitable relief, including without limitation, injunctive relief, and specific performance to enforce its rights or the other party’s obligations under this Agreement. Page 369 of 376 Page 370 of 376 Page 28 SCHEDULE A - PERMITS REQUIRED BY THE MUNICIPALITY WORK ACTIVITY MC1 EP2 Notification Only3 No permit or notification4 Any installation of Equipment that requires Excavation5 in the ROW, including: • The installation of buried Equipment crossing a road; • The installation of new Above-ground Equipment6; • The relocation of buried Equipment or Above- ground Equipment; • The replacement of existing Above-ground Equipment with equipment that is significantly larger; and, • The installation of buried Service Drops that cross a road or a break a hard surface of the ROW. X X The installation of aerial Equipment (excluding aerial Service Drops) X X The maintenance, testing and repair of Equipment where there is physical disturbance or changes to the ROW X The maintenance, testing and repair of Equipment where there is no or minimal physical disturbance or changes to the ROW or its use; including: • Installing single service connections or cable inside existing duct structure; and, • Where the ROW is a “Local Road” as defined in the County of Oxford Official Plan (Town of Tillsonburg Transportation Network Plan) X The maintenance, testing and repair of Equipment where there is physical disturbance or changes to the ROW or its use; or: • Where the ROW is an “Arterial Road” or “Collector Road” as defined in the County of Oxford Official Plan (Town of Tillsonburg Transportation Network Plan) X Aerial Service Drops where vehicle or pedestrian traffic is impeded or blocked or parking on a maintained boulevard is required X Page 371 of 376 Page 29 Buried Service Drops (i.e., single wire containing no more than four (4) wires for lengths of no longer more than 50 metres along the ROW) X Pulling or placing cabling through an existing duct where Excavation is required in the ROW and/or where the ROW is an Arterial or Collector road X Pulling or placing cabling through an existing duct where the ROW is a local road X Excavations (including day-lighting) within the ROW to investigate subsurface conditions, infrastructure location or to perform maintenance (No additional Equipment installed) X Emergency Work including Excavation X* Relocation of underground or surface Equipment X X Tree trimming within ROWs X Any other Work activity agreed to by the Municipality X X * Note: Any Emergency Work shall be undertaken in accordance with the terms of Section 3.6 of this agreement . 1 “MC” means Municipal Consent. 2 “EP” means Encroachment Permit. 3 Depending on the nature of the Work, the type of ROW or the Municipality’s Traffic Management Policy, the Municipality may require an EP or other type of consent. 4 Subject to its Traffic Management Policy, the Municipality may require notification or an EP. 5 “Excavation” means the breaching or breaking up of the hard surface of the ROW, and includes activities such as day-lighting, test pitting, digging pits and directional boring but excludes hand-digging. 6 “Above-ground Equipment” means, in all cases above, any structure located on the surface of the ROW used to house or support the Equipment, and includes cabinets, pedestals, poles and lamp poles but excludes aerial Equipment. SCHEDULE B – FEES AND CHARGES PAYABLE BY THE COMPANY Page 372 of 376 Page 30 1. Annual Fees for Encroachment Permits The table below sets out the annual fee payable by the Company and based on the number of applications for Encroachment Permits submitted by the Company in the prior calendar year. The annual Encroachment Permit fee will be billed in January based on the number of Encroachment Permit applications made by the Company in the previous year. No. of Encroachment Permit Applications Annual Encroachment Permit Fee 10 to 100 $2,500.00 101 to 500 $5,000.00 501 to 1000 $8,000.00 1001 to 2000 $10,000.00 Over 2000 $15,000.00 2. Municipal Consent (MC) Fee For each application for a MC, the Company shall pay an application fee of $405.00 per street (including a wrap-around to a side-street of no more than 20 metres). These fees shall be paid at the time the application for a MC is made by the Company. 3. Pavement Degradation Schedule of Fees These fees shall be paid at the time the Encroachment Permit application is made, and adjusted based on area of pavement actually cut during the trenching. Age of Pavement Age Fee per m² of pavement cut 2 years or less $75.00 2 to 5 years $25.00 5 to 10 years $10.00 10 or more years $4.00 Page 373 of 376 SCHEDULE C - RELOCATION COSTS As outlined in Section 7.3 of the Agreement, the Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing a relocation requested by the Municipality (the “Relocation Costs”) based upon the following: 1. Reimbursement for Relocation Costs The Municipality shall be required to pay to the Company a percentage of its Relocation Costs based on the table below: Year since MC was issued Percentage or Relocation Costs paid by Municipality Years 1 to 5 100% Year 6 80% Year 7 60% Year 8 40% Year 9 20% Year 10 and thereafter 0% 2. Equipment affected by Municipality’s Capital Works Plan. Prior to the issuance of a Permit, the Municipality will advise the Company in writing whether the Company’s proposed location for new Equipment will be affected by the Municipality’s three (3) year capital works plan (the “Capital Works Plan”).1 If the Municipality advises that the new Equipment will be so affected and the Company, despite being advised of such, requests the Municipality to issue the Permit, then the Municipality may issue a conditional Permit stating that, if the Municipality requires, pursuant to any project identified in the Capital Works Plan as of the date of approval, the Company to relocate the Equipment within three (3) years of the date of the Permit, the Company will be required to relocate the Equipment at its own cost, notwithstanding Section 7.3 of this Schedule. 3. Municipality not responsible for Third Party Relocation Costs. Unless otherwise agreed to between the Municipality and the Third Party, in no event shall the Municipality be responsible under this Agreement for: (a) the costs of the Company to relocate Equipment at the request of a Third Party; or (b) the costs or relocating the facilities of a Third Party installed on or in the Equipment. 1 The duration of the Municipality’s capital works program may vary. Page 374 of 376 4. Company not responsible for Third Party Relocation Costs. Unless otherwise agreed to between the Company and the Third Party, in no event shall the Company be responsible under this Agreement for: (a) the costs of the Company to relocate Equipment at the request of a Third Party; or (b) the costs of relocating the facilities of a Third Party installed on or in the Equipment. 5. Equipment Upgrades. Unless otherwise agreed to by the Parties, Relocation Costs shall not include the installation of any Equipment by the Company for the purpose of providing an up-graded service, which shall be at the sole cost of the Company. The Parties agree that the Relocation Costs to be allocated between the parties shall be based on the use of the same approximate quantity, quality and type of Equipment and manner of construction for the new installation as was used for the original, subject to any adjustments required due to: (a) technological change or industry construction methods; (b) the need for an installation of greater length or other modifications due to, for example, space constraints or the presence of Third Party equipment; or (c) the undergrounding of aerial Equipment where required as part of the relocation where cost sharing is permitted under this Agreement. Page 375 of 376 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4324 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 8th day of July, 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 July 8, 2019, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 8th DAY OF JULY, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF JULY, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 376 of 376