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Regular Council Agenda Packet 2015-10-26 18-00Table of Contents Agenda 3 Minutes, October 13, 2015 Minutes, October 13, 2015 11 Delegation: Ian Ellis re The Greater Metro Hockey League Team for Tillsonburg Delegation request 26 Delegation: Jack Parker (Rotary Club) re outdoor fitness equipment locations Delegation request 29 Equipment locations -update 32 Rego Management - 253 Broadway Delegation, Peter Penner 33 1439 Grading Servicing Plan 36 Master Figure 1 (October 6, 2015)37 Master Figure 1 (October 22, 2015)38 Delegation - James Battin Delegation - James Battin 39 Delegation - George Gilvesy Delegation - George Gilvesy 41 Delegation - Michael Szorenyi Delegation - Michael Szorenyi 44 Delegation, George Stuyt Delegation, George Stuyt 47 Comments 49 Application for Condominium Conversion- CD 15-05-7 - 2442583 Ontario Inc (185 Lisgar Ave) CASPO 2015-223 50 Report Attachments 56 Application for Condominium Conversion- CD 15-06-7 - 2442583 Ontario Inc (187 Lisgar Ave) CASPO 2015-225 59 Report Attachments 65 Application for Condominium Conversion- CD 15-07-7 - 2442583 Ontario Inc (191 Lisgar Ave) CASPO Report 2015-226 68 Report Attachments 74 MPAC 2014 Enumeration Process - Final Results Heads of Council - 2014 Enumeration Process_fnl 77 Mayor's Report Mayor's Report 79 FIN 15 - 40 2015 Third Quarter Financial Results FIN 15- 40 Third Quarter Financial Results 81 2015 Actual Variances - Q3 82 FIN 15 - 41 2015 Third Quarter Finance Department Results 1 FIN 15 - 41 Third Quarter Finance Department Results 88 DCS 15-47 - Building/Planning/By-Law Services 2015 Third Quarter Report DCS 15-47 90 DCS 15-48 Economic Development Third Quarter Report Report DCS 15-48 Economic Development Third Quarter Report 95 FRS 15-11 Fire Department Third Quarter Results FRS 15-11 Fire Department Third Quarter 97 OPS 15-35 2015 Third Quarter Operations Services OPS 15-35 2015 Third Quarter Operations Services 100 RCP 15-46 - Recreation, Culture and Parks 2015 Third Quarter Results RCP 15-46 - Recreation, Culture and Parks 2015 Q3 Results 103 DCS 15-49 Property Standards Committee DCS 15 - 49 Property Standards Committee 106 By-Law 3638 Property Standards 108 Memo re Wayward Ball Barrier Decision Ramifications Memo re Wayward Ball Barrier Decision Ramifications 138 RCP 15-44 - Soccer Park Wayward Ball Fence Procurement Update 141 Airport Advisory Committee Minutes, September 10, 2015 Minutes, September 10, 2015 144 Development Committee Minutes, September 09, 2015 Minutes, September 09, 2015 147 LPRCA Minutes, September 2, 2015 LPRCA Minutes, September 2, 2015 151 By-Law 3958, Confirming By-Law By-Law 3958 156 2 = 1. Call to Order 2. Adoption of Agenda Moved By: Seconded By: Proposed Resolution #1 THAT the Agenda as prepared for the Council meeting of Monday, October 26, 2015, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of October 13, 2015 Minutes, October 13, 2015 Moved By: Seconded By: Proposed Resolution #2 THAT the Minutes of the Council Meeting of October 13, 2015, be approved. 6. Delegations and Presentations 6.1. Royal Canadian Legion - Annual Poppy Campaign Presented By: Don Burton 6.2. The Greater Metro Hockey League Team for Tillsonburg, Ian Ellis Delegation request The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, October 26, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - Moved By: Seconded By: Proposed Resolution #3 THAT Council receives the delegation regarding the Greater Metro Hockey League Team for Tillsonburg as information. 6.3. Rotary Club Outdoor Fitness Equipment Location Update, Jack Parker Delegation request Equipment locations -update Moved By: Seconded By: Proposed Resolution #4 THAT Council receives the Rotary Club Outdoor Fitness Equipment Location Update as information. 6.4. Rego Management - 253 Broadway Presented By: Andrew Gilvesy & Peter Penner Delegation, Peter Penner 1439 Grading Servicing Plan Master Figure 1 (October 6, 2015) Master Figure 1 (October 22, 2015) Moved By: Seconded By: Proposed Resolution #5 THAT Council receives the update on 253 Broadway as information. 6.5. 253 Broadway Delegation - James Battin Delegation - George Gilvesy Delegation - Michael Szorenyi Delegation, George Stuyt - Comments Delegation, Paula Rice Delegation, Angela Lassam Delegation, Michael Lassam Delegation, Joan Weston 4 Council Meeting – Agenda - 3 - Moved By: Seconded By: Proposed Resolution #6 THAT Council receives the delegations from James Battin, George Gilvesy, Michael Szorenyi, George Stuyt, Paula Rice, Angela Lassam, Michael Lassam, and Joan Weston as information. 7. Planning Applications 7.1. Application for Condominium Conversion- CD 15-05-7 - 2442583 Ontario Inc (185 Lisgar Ave) CASPO 2015-223 Report Attachments Moved By: Seconded By: Proposed Resolution #7 THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-05-7) as applied to lands consisting of Part Lot 94, Lot 95, Plan M25, Parts 1, 2 & 4, Plan 41R-1397, Town of Tillsonburg, subject to the conditions of draft plan approval contained in CASPO Report No. 2015-223. 7.2. Application for Condominium Conversion- CD 15-06-7 - 2442583 Ontario Inc (187 Lisgar Ave) CASPO 2015-225 Report Attachments Moved By: Seconded By: Proposed Resolution #8 THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-06-7) as applied to lands consisting of Lot 96, Plan M25, Town of Tillsonburg, subject to the conditions of draft plan approval as outlined in CASPO Report 2015-225. 5 Council Meeting – Agenda - 4 - 7.3. Application for Condominium Conversion- CD 15-07-7 - 2442583 Ontario Inc (191 Lisgar Ave) CASPO Report 2015-226 Report Attachments Moved By: Seconded By: Proposed Resolution #9 THAT Council of the Town of Tillsonburg supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-07-7) as applied to lands consisting of Lot 97, Plan M25, Town of Tillsonburg, subject to the conditions of draft plan approval as outlined in CASPO Report No. 2015-226. 8. Information Items 8.1. MPAC 2014 Enumeration Process - Final Results Heads of Council - 2014 Enumeration Process_fnl Moved By: Seconded By: Proposed Resolution #10 THAT Council receives MPAC 2014 Enumeration Process – Final Results as information. 9. Mayor 9.1. MYR 15-10 Update - County of Oxford Mayor's Report Moved By: Seconded By: Proposed Resolution #11 THAT Council receives Report MYR 15-10 Update as information. 10. Quarterly Reports 10.1. FIN 15 - 40 2015 Third Quarter Financial Results FIN 15- 40 Third Quarter Financial Results 2015 Actual Variances - Q3 6 Council Meeting – Agenda - 5 - Proposed Resolution #12 THAT Council receives report FIN 15 - 40 2015 Third Quarter Financial results as information. 10.2. FIN 15 - 41 2015 Third Quarter Finance Department Results FIN 15 - 41 Third Quarter Finance Department Results Proposed Resolution #13 THAT Council receives report FIN 15 - 41 2015 Third Quarter Finance Department results as information. 10.3. DCS 15-47 - Building/Planning/By-Law Services 2015 Third Quarter Report DCS 15-47 Proposed Resolution #14 THAT Council receives Report DCS 15-47 Building/Planning/By-Law Services 2015 Third Quarter Report as information. 10.4. DCS 15-48 Economic Development Third Quarter Report Report DCS 15-48 Economic Development Third Quarter Report Proposed Resolution #15 THAT Council receives Report DCS 15-48 Economic Development Third Quarter Report for information. 10.5. FRS 15-11 Fire Department Third Quarter Results FRS 15-11 Fire Department Third Quarter Proposed Resolution #16 THAT Council receives report FRS 15-11 Third Quarter Fire & Rescue Services Results as information. 10.6. OPS 15-35 2015 Third Quarter Operations Services OPS 15-35 2015 Third Quarter Operations Services Proposed Resolution #17 THAT Council receives Report OPS 15-35, 2015 Third Quarter Operations Services as information. 7 Council Meeting – Agenda - 6 - 10.7. RCP 15-46 - Recreation, Culture and Parks 2015 Third Quarter Results RCP 15-46 - Recreation, Culture and Parks 2015 Q3 Results Proposed Resolution #18 THAT Council receives Report RCP 15-46 - Recreation, Culture and Parks 2015 Q3 Results for information. 11.Reports from Departments 11.1. Development and Communication Services 11.1.1. DCS 15-49 Property Standards Committee DCS 15 - 49 Property Standards Committee By-Law 3638 Property Standards Moved By: Seconded By: Proposed Resolution #19 THAT Council receives Report DCS 15-49 Property Standards Committee; AND THAT an appointment by-law be brought forward for council consideration to appoint the committee members at the next Council meeting. 12.Unfinished Business 12.1. Memo re Wayward Ball Barrier Decision Ramifications Memo re Wayward Ball Barrier Decision Ramifications RCP 15-44 - Soccer Park Wayward Ball Fence Procurement Update Moved By: Seconded By: Proposed Resolution #20 THAT Councils receives the Memo regarding the Wayward Ball Barrier Decision Ramifications as information. 13.Committee Minutes & Reports 13.1. Airport Advisory Committee Minutes, September 10, 2015 Minutes, September 10, 2015 13.2. Development Committee Minutes, September 09, 2015 Minutes, September 09, 2015 8 Council Meeting – Agenda - 7 - Moved By: Seconded By: Proposed Resolution #21 THAT Council receives the Airport Advisory Committee Minutes of September 10, 2015, and the Development Committee Minutes of September 9, 2015 as information. 13.3. LPRCA Minutes, September 2, 2015 LPRCA Minutes, September 2, 2015 Moved By: Seconded By: Proposed Resolution #22 THAT Council receives the LPRCA Minutes of September 2, 2015 as information. 14.Notice of Motions 14.1. Notice of Motion for which previous notice was given Moved By: Seconded By: Proposed Resolution #23 THAT staff be directed to bring forth the Procurement Policy for review and comment to the next meeting of Council. 14.2 Notice of Motions 15.By-Laws By-Laws from the Meeting of Monday, October 26, 2015 Moved By: Seconded By: Proposed Resolution #24 THAT By-Law 3958, to confirm the proceedings of Council at its meetings held on the 26th day of October, 2015, be read for a first and second time and this constitutes the first and second reading thereof. 16.Items of Public Interest 9 Council Meeting – Agenda - 8 - 17. Adjournment Moved By:Seconded By: Proposed Resolution #25 THAT the Council Meeting of Monday, October 26, 2015 be adjourned at _____ p.m. 10 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Regrets: Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Park Services Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Closed Session Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move into Closed Session to consider: 1.litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Brock Street); 2.personal matters about an identifiable individual, including municipal or local board employees (Operations). Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Tuesday, October 13, 2015 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 11 Council Meeting – Minutes - 2 - 3.Adoption of Agenda Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Tuesday, October 13, 2015, be adopted. Carried 4.Moment of Silence Tillsonburg Fire Fighter John Kovacs was remembered. Individuals present were asked to rise in a moment of silence in honour of communityservices, fire, EMS and police. 5.Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6.Adoption of Council Minutes of Previous Meeting6.1. Minutes of the Meeting of September 28, 2015. Minutes, September 28, 2015 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meeting of September 28, 2015, be approved. Carried 7.Delegations and Presentations 7.1. Conservation Authorities Act Review Presented By: Cliff Evanitski CA Added Value Flyer_2015_FINAL Background One-pager Cliff Evanitski appeared before Council to provide a review of the proposed changes to the Conservation Authorities Act. The main points the conservation authorities are requesting to be reviewed are: •The Province to confirm and define conservation Authorities mandate •Formalize and expand relationship with the province •The Governments model •Sustainable funding 12 Council Meeting – Minutes - 3 - Currently LPRCA receive 29% of funding from the municipality. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives the information regarding the Conservation Authorities Act Review as information. Carried 7.2. Oxford Physician Recruitment Group Delegation Request - Oxford Physician Recruitment GroupPresentation By: Mel Getty, Lisa Gilvesy and Dr. Gerry Roland Chair Mel Getty, Member Lisa Gilvesy and Member Gerry Rolland appeared before Council. The group provided a presentation on the current physician recruitment situation. Council were invited to ask questions – Tillsonburg currently has two doctor vacancies. Visit www.PracticeInOxford.ca for more information on this group. Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the presentation from the Oxford Physician Recruitment Group as information. Carried 7.3. Tillsonburg Cultural Advisory Committee Grant Requests – Deb Beard Delegation Request Cultural Advisory Deb Beard, Chair of the Cultural Advisory Committee appeared before Council to obtain approval for grant requests. Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council receives the delegation from the Tillsonburg Cultural Advisory Committee as information; AND THAT Council approves awarding the Cultural Advisory Grant to The Tillsonburg Tri-County Agriculture Society in the amount of $1,100 and to the Tillsonburg Kiwanis Club in the amount of $3,000 for the Annual Tillsonburg Santa Claus parade. Carried 13 Council Meeting – Minutes - 4 - 7.4. Parks & Recreation Committee - Directional Signage for TCC Presented By: Mel Getty, Chair Delegation Request - P & R Committee Mel Getty, Chair of the Parks & Recreation Advisory Committee appeared before Council to request that council support working with the County to put up directional signage on the pumping station property on Broadway. Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the delegation from the Parks & Recreation Committee as information; AND THAT staff be directed to work with the County regarding the directional signage. Carried 7.5. OPP Mid-Year Review Presented By: Larry Scanlan & Tim Clark 7.6. Inspector Tim Clark and Chair of the Police Service Board Larry Scanlan appeared before Council to provide a review of police services in Tillsonburg. Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives the OPP Mid-Year Review, as information. Carried 8.Public Meetings Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT Council move into the Committee of Adjustment to hear Applications for Minor Variance at 7:25 p.m. Carried 14 Council Meeting – Minutes - 5 - 8.1. Application for Minor Variance- A-08/15 - Harry Layman- 156 Bidwell St A-08/15 Report Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report No. 2015-198 with regards to Application A-08/15. Opportunity was given for comments and questions. Mr. Harry Layman was in attendance and he indicated his support of the planners report. No other persons appeared in support of or opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Town of Tillsonburg Committee of Adjustment approves Application File A- 08/15, submitted by Harry Layman, for lands described as Lot 912, Plan 500, Town of Tillsonburg, as it relates to: 1.Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to increase the maximum permitted lot coverage from 50 m2 (538 ft2) to 70 m2 (750 ft2) to permit the construction of a detached accessory building; subject to the following condition: The existing frame sheds, identified on Plate 3 of Report No. 2015-198, be removed to the satisfaction of the Town of Tillsonburg Building Services Department. Carried 15 Council Meeting – Minutes - 6 - 8.2. Application for Minor Variance- A-11/15 - Bill Hughes, 9 Esseltine Drive A-011/15 Report Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report No. 2015-210 with regards to Application A-11/15. Opportunity was given for comments and questions. The applicant Bill Hughes was in attendance and he indicated his support of the application. No other person appeared in support of or opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Town of Tillsonburg Committee of Adjustment approves Application File A- 11/15, submitted by Bill Hughes, without further circulation of public notice, for lands described as Part Lot 69, Plan 41M-182, Part Lots 110 – 112, Reference Plan 41R-8228, Town of Tillsonburg, as it relates to: Relief from Section 7.5.5.2.12.1 – Rear Yard, to increase the permitted projection of an uncovered deck into the required rear yard from 2.5 m (8.2 ft) to 2.8 m (9.2 ft). Carried 8.3. Application for Minor Variance- A-12/15- Werner Geidlinger, 171 Weston Drive A-12/15 Report Report Attachments Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report No. 2015-211 with regards to Application A-12/15. The applicant Werner Geidlinger appeared in support of the application. Opportunity was given for comments and questions. No other person appeared in support of or opposition to the application. 16 Council Meeting – Minutes - 7 - The Committee of Adjustment passed the following resolution: Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the Town of Tillsonburg Committee of Adjustment approves Application File A- 12/15, submitted by Werner Geidlinger, for lands described as Part Lot 74, Plan 41M- 182, Part Lots 8 - 10, Reference Plan 41R-8228, Town of Tillsonburg, as it relates to: Relief from Section 7.5.5.2.12.1 - Rear Yard, to increase the permitted projection of an uncovered deck into the required rear yard from 2.5 m (8.2 ft) to 3.3 m (10.8 ft) to facilitate the construction of a deck at the rear of an existing dwelling. Carried Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council move out of the Committee of Adjustment and move back into Regular Session at 7:38 p.m. Carried 9.Planning Applications 9.1. Applications for Consent- B15-37-7 & B15-38-7 Patrick Mooney, 34 North Street West B15-37-38-7 Report Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report B15-37-7 & B15-38-7. The Mayor provided an opportunity for members of the public to speak to the application. Eric Gilbert confirmed that the lot frontages are at par with existing lots on James Ave. The Mayor informed the public that they can provide comments to Eric Gilbert, County Senior Planner or they can attend the public meeting on November 5th in Council Chambers at the County of Oxford Administration Building. 17 Council Meeting – Minutes - 8 - Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council advises the Land Division Committee that the Town supports the proposal to create two vacant residential lots, subject to the conditions as described in Report No. CASPO 2015-206. Carried. 10.Information Items 10.1. The Future Oxford Community Sustainability Plan Future Oxford Community Sustainability Plan as adopted Sept 9 2015 County Email - Future Oxford Community Sustainability Plan Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives The Future Oxford Community Sustainability Plan as information; AND THAT Council refer the matter to the CAO for a follow-up review at the October 26, 2015 meeting. Carried. 11.Reports from Departments 11.1. Chief Administrative Officer 11.1.1. Canada 150 Mosaic Canada 150 Mosaic Canada 150 Mosaic Attachments Discussion took place regarding funding for the project. It was suggested that it would have to be a community driven project and local sponsors would be needed. Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the CAO be directed to sign the Service Agreement between the Town of Tillsonburg and Mural Mosaic Inc. for the design, facilitation and production of an 8x8 foot mosaic mural for the Canada 150 Mosaic; 18 Council Meeting – Minutes - 9 - AND THAT funding in the amount of $10,000 ($2,500 in 2015 - 25% deposit upon agreement and the remainder at the completion of the project) be approved; AND THAT staff look for community fundraising opportunities to offset the $10,000 cost of the project as outlined in the Service Agreement. Defeated Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the motion be deferred until the October 26th Council meeting to determine if there is interest from the community to support this project. Defeated 11.2. Development and Communication Services 11.2.1. Report DCS 15-45 Memorandum of Understanding – Manufacturing Acceleration Program Report DCS 15-45 Memorandum of Understanding ? Manufacturing Acceleration Program MOU Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receives Report DCS 15-45 Memorandum of Understanding – Manufacturing Acceleration Program; AND THAT By-Law 3956, authorizing the Mayor and Clerk to execute the Memorandum of Understanding between the Corporation of the Town of Tillsonburg and MAP (Manufacturing Acceleration Program) Program Canada represented by Isah International B.V., be brought forward for Council consideration. Carried 19 Council Meeting – Minutes - 10 - 11.2.2. Report DCS 15-44 SOMA Asia Mission Report DCS 15-44 SOMA Asia Mission Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receives Report DCS 15-44 SOMA Asia Mission; AND THAT the Mayor and Development Commissioner be authorized to participate in SOMA’s Mission to Asia taking place in November 2015; AND THAT Council approves for use the Treasury Board Secretariat of Canada’s Meal Per Diem Rate of $169.32 per day for travel in Japan instead of the Town’s standard $75 per day rate; AND THAT the trip be funded out of reserves, and specifically, the funds earmarked from Tillsonburg’s remaining 2013 SOMA Membership fee. A Recorded Vote was requested by Councillor Rosehart: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Rosehart x Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x The recorded vote reflects the vote is 5 in favour of the Motion and 1 against the Motion. The motion is Carried 11.3. Recreation, Culture & Park Services 11.3.1. RCP 15-44 – Soccer Park Wayward Ball Fence Procurement Update RCP 15-44 - Soccer Park Wayward Ball Fence Procurement Update Email From Performance Communities Realty Inc. 20 Council Meeting – Minutes - 11 - Discussion took place regarding removing the mesh on a yearly basis and the cost associated with this work. Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receives report RCP 15-44 – Soccer Park Wayward Ball Fence Procurement Update for information; AND THAT Council awards the supply and installation of a galvanized fence and seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their tendered price of $51,093.87 net of applicable taxes; AND THAT Council awards the contract to bury the overhead hydro line on the Soccer Park property to Tillsonburg Hydro Inc. at their tendered price of $30,278.69 net of applicable taxes; AND THAT Council authorizes THI to install a load break switch as required by the Electrical Safety Authority at a cost not to exceed $15,000; AND THAT the $101,372.56 combined cost for the wayward ball barrier and associated expenses is funded using the $16,189.00 from Performance Communities Realty Inc, $50,000.00 from reserves committed in the 2015 budget, and a further $35,184.56 from reserves that will be replenished from (a revenue source) taxation subject to 2016 budget approval. A recorded vote was requested by Councillor Adam: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x Councillor Rosehart x The recorded vote reflects the vote is 3 in favour of the Motion and 3 against the Motion. The motion is Defeated 21 Council Meeting – Minutes - 12 - 11.3.2. RCP 15-43 – Jul-Sep 2015 RCP Departmental Activity Reports RCP 15-43 - Jul-Sep 2015 RCP Departmental Activity Reports Jul-Sep 2015 Activity - Recreation Programs & Services Jul-Sep 2015 Activity - Culture and Heritage Jul-Sep 2015 Activity - Parks and Facilities Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receives Report RCP 15-43 – Jul-Sep 2015 RCP Departmental Activity Reports for information. Carried 11.3.3. RCP 15-45 – Rotary Club Outdoor Fitness Equipment Update RCP 15-45 - Rotary Club Outdoor Fitness Equipment Update Equipment location sketch Placement of the equipment has not yet been confirmed with Hickory Hills and Baldwin Place Associations. The preferred location of the Rotary Club is along veteran’s walkway. Moved By: Councillor Esseltine Seconded By: Councillor Adam THAT Council receives report RCP 15-45 – Rotary Club Outdoor Fitness Equipment Update; AND THAT Council approves the request from the Rotary Club to sole source purchase a selection of outdoor fitness equipment from Paris Equipment Manufacturing Ltd., at the Rotary Club’s cost. Carried 22 Council Meeting – Minutes - 13 - 12.Staff Information Reports 12.1. CL 15-25, Local Government Week Update CL 15-25, Local Government Week Update Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT Council receives Report CL 15-25, Local Government Week Update as information. Carried 13.Notice of Motions 13.1. Notice of Motion for which previous Notice was Given Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT the Town of Tillsonburg request that the County install an all-way stop at the intersection of North Street and Quarter Town Line. A Recorded Vote was requested by Councillor Adam: NAME VOTE IN FAVOUR VOTE AGAINST Councillor Adam x Deputy Mayor Beres x Councillor Esseltine x Councillor Hayes x Mayor Molnar x Councillor Rosehart x The recorded vote reflects the vote is 3 in favour of the Motion and 3 against the Motion. The motion is Defeated 23 Council Meeting – Minutes - 14 - Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT staff be directed to request that the County of Oxford investigate placing a four way stop at the corner of North Street and Quarter Town Line. Carried 13.2. Notice of Motion for which previous Notice was Given Moved By: Councillor Adam Seconded By: Councillor Hayes THAT the Council for the Town of Tillsonburg adopt a debt reduction strategy for the remainder of this term of Council (2016-2018). Carried Notice of Motion: Moved By: Councillor Adam THAT staff be directed to bring forth the Procurement Policy for review and comment to the next meeting of Council. 14.By-Laws By-Laws from the Meeting of Tuesday, October 13, 2015 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam 14.1. THAT By-Law 3950, to Authorize a Memorandum of Understanding with Elgin Middlesex Oxford Workforce Planning and Development Board; AND THAT Bylaw 3956, to Authorize a Memorandum Of Understanding with MAP Program Canada, 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 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 14.2. THAT By-Law 3957, to confirm the proceedings of Council at its meetings held on the 13th day of October, 2015, 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 24 Council Meeting – Minutes - 15 - 15.Items of Public Interest 16. Adjournment Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Council Meeting of Tuesday, October 13, 2015 be adjourned at 9:47 p.m. Carried. 25 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or jbunn@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 26 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 27 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 28 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or jbunn@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 29 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 30 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 31 Tillsonburg Rotary Club - Outdoor Fitness Equipment Locations 2015 32 33 34 35 1T O W N O F T I L L S O N B U R GCyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comVENISON STREETBROADWAY - HWY. No. 19 FOX ALLEY 36 W:\DRAFTING\WORK\2014\1439\Drawings\1439_Mast.dwg, 06/10/2015 9:56:37 AM, CJDLPC16,1:25.4 VENISON STREETBROADWAY STREET FOX ALLEY 37 VENISON STREETBROADWAY STREET FOX ALLEY 38 39 40 41 42 43 44 45 46 47 48 49 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Draft Plan of Condominium CD 15-05-7 – 2442583 Ontario Inc. REPORT HIGHLIGHTS • The purpose of this report is to consider the conversion of an existing apartment building from rental units to condominium ownership and draft plan approval for a plan of condominium. • The proposal is consistent with the relevant policies in the 2014 Provincial Policy Statement, and generally complies with the intent of the Official Plan, as the existing development is designated Medium Density Residential and is appropriately zoned. • Agency circulation resulted in no concerns with the proposed development. DISCUSSION Background OWNERS: 2442583 Ontario Inc. 287 Queen Street, Streetsville ON, L5M 1L9 SOLICITOR: Zimmerman Associates 3338 Dufferin Street, Toronto ON, M6A 3A4 LOCATION: The subject property is described as Part Lot 94, Lot 95, Plan M25, Parts 1, 2 & 4, Plan 41R- 1397, Town of Tillsonburg. The property is located on the south side of Lisgar Avenue, opposite Van Norman Drive, and is municipally known as 185 Lisgar Avenue. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Medium Density Residential Page 1 of 6 50 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Medium Density Residential Zone (RM) PROPOSAL: An application for Draft Condominium Approval has been received by the Town of Tillsonburg and the County of Oxford. The applicant proposes to convert the tenure of the 23 residential units from rental to condominium ownership. The subject property is approximately 2,765 m2 (29,762 ft2) in area and contains a 3-storey building (circa. 1978) comprising sixteen (16) 2-bedroom units, seven (7) 1-bedroom units, and twenty-six (26) parking spaces. The lands are zoned ‘Medium Density Residential (RM)’ according to the Town of Tillsonburg Zoning By-law, which permits multi-unit residential uses. Plate 1, Location Map with Existing Zoning, indicates the location of the subject property and the zoning in the immediate area. Plate 2, 2010 Air Photo with Existing Zoning, provides an aerial view of the subject lands and surrounding area as of April 2010. Plate 3, Applicant’s Draft Plan of Condominium, illustrates the location of the existing building, access points to the property as well as the parking area on the subject property. Comments 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. Policies within the PPS direct municipalities to provide for a range of housing types and densities to meet the needs of current and future residents as well as promoting compact built form of development. The policies also advise municipalities to permit and facilitate all forms of housing to meet the social, health and well being or current and future residents and promoting residential intensification where it can be accommodated taking into account existing building stock, efficient use of infrastructure and public service facilities and where it does not impact on natural environmental features. OFFICIAL PLAN: The subject property is located within the Medium Density Residential designation according to the Town of Tillsonburg Residential Density Plan in the Official Plan. Section 8.2.2.2 of the Official Plan contains policies where Town Council can encourage the creation of housing opportunities within the Town that may result in a mix of tenure forms, such as ownership, rental and cooperative units. Further to this, the policies also contain criteria as a guide when considering applications to convert from rental to ownership tenure as follows: Page 2 of 6 51 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 • the vacancy rate for similar unit types which are available at a similar level of rent, as determined using CMHC information, is 3% or greater; • whether the proposal will add to the affordable housing stock and the proportion of similarly priced ownership housing in the housing market; • minimize hardship for existing tenants and the potential for displacement; • the proposal complies with all residential development standards, the maintenance and occupancy by-law and design standards; • the proposal complies with the Ontario Building and Fire Codes or is proposed to be upgraded in accordance with such standards or requirements. ZONING BY-LAW: The subject property is zoned ‘Medium Density Residential Zone (RM)’ according to the Town’s Zoning By-Law. The proposal complies with the minimum required lot frontage, lot depth, front yard depth, rear yard depth and maximum lot coverage as per the RM zone. The proposal does not comply with the minimum lot area, minimum interior side yard width, minimum landscaped open space, minimum required parking spaces, and one unit does not meet the minimum required gross floor area. Town staff have confirmed that these deficiencies are considered to be legal non-conforming and it appears the site has functioned well notwithstanding these deficiencies. AGENCY REVIEW: The development proposal was circulated to various agencies considered to have an interest in the proposal. The following comments were received: The Town Engineering Services Department provided the following comments: • 5.0 m easement in favour of the Town/ County will be required over the existing sanitary sewer that traverses the south side of the property; • Easement will be required over the existing electrical plant to the point of demarcation in the favour of Tillsonburg Hydro Inc.; • Only one County water meter will be permitted per condominium property. Secondary meters may be installed for the convenience of the Owner at the Owner’s expense; • The applicant should be aware that the private water system onsite shall be separate from the municipal drinking water system. The applicant is advised that they are the responsible operator under the Safe Drinking Water Act Regulations for systems on private property. The Town Building Services Department indicated that a site inspection will be required to verify the findings in the consultant’s Building Condition Asessment report, and any deficiencies noted must be corrected prior to final approval. Oxford County Public Works Department indicated that the owner must provide a 5.0 m easement over the existing sanitary sewer line that services park land to the south to the manhole at the intersection of Lisgar Avenue & Van Norman Drive. A draft of the plan shall be provided to Oxford County Public Works for review and approval prior to final approval. Page 3 of 6 52 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 Other circulated agencies, including the Sourcewater Protection Risk Management Office, and Town of Tillsonburg Fire Services indicated no concern with the proposal. Planning Analysis The approval of an application for draft plan of condominium generally involves a process similar to subdivision approval where, after appropriate circulation of the proposal, an applicant receives 'draft' approval which is contingent on the applicant satisfying a number of conditions prior to final approval and registration. It is Planning staff’s opinion that the application is in conformity with the policies of the PPS in that the application provides for a different form of housing to meet the long term social needs of the current and future residents. In terms of Official Plan policy, the average vacancy rate in the latest two surveys for a one-bedroom apartment unit in Tillsonburg is 4.5% according to the Canada Mortgage and Housing Rental Market Report for the Spring of 2015. Further, the average vacancy rate for the same time period for a two-bedroom apartment unit in Tillsonburg is 2.5%. While the vacancy rate for this unit type in Tillsonburg is less than the 3% ‘base’ as set out in the Official Plan policies, Planning staff note an additional number of criteria are to be considered when assessing conversion applications. Notwithstanding that the current rental rate information indicates that the vacancy rates for two bedroom apartment units in Tillsonburg is less than the 3% ‘base’ identified in the Official Plan, the CMHC also publishes the availability rate of units that provide an indication of the availability of units rental units in the short term (i.e. units that will be available within 30-60 days). This information was not tracked by the CMHC at the time that the current Official Plan policies regarding vacancy rates were adopted by Council. It is the opinion of this Office that the use of ‘availability rates’ together with vacancy provides additional guidance when considering applications for conversion from rental to condominium tenure. Having said this, according to the CMHC data the availability rate for similar units over the same two vacancy survey average is 4.9% for a one-bedroom unit and 2.8% for a two-bedroom unit. It is of note that availability rate in April 2015 was only marginally less than the 3.0 % base as set out in the Official Plan. The applicant has provided information regarding the availability of the existing apartment units should it be converted to condominium ownership. The condominium ownership would allow the sale of the units as rental income properties and it is proposed that the new ownership will continue to rent the units to the existing tenants. Additionally, with respect to the potential impact of conversion on tenants and the potential for displacement, the Residential Tenancies Act includes a number of provisions intended to prohibit displacement and hardship to existing tenants resulting from the conversion of rental units to condominium ownership. Specifically, the Act provides the following protections for existing tenants where conversion has occurred: - A landlord is prohibited from evicting an existing tenant to give vacant possession to a prospective purchaser of the condominium unit and is prohibited from termination based on possession by the landlord for the purpose of personal occupation by the landlord or member of the immediate family. Any purchaser of the condominium unit will not be able to obtain vacant possession while the tenant remains in the unit. Page 4 of 6 53 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 - Tenants of a converted residential unit are guaranteed the right of ‘first refusal’ to purchase the condominium unit. With respect to the Town’s Zoning By-law, the subject property is zoned RM and appears to meet the relevant zone provisions, with the exception of the noted deficiencies which are considered legal non-conforming. Additionally, considering the long standing use of the property in its present form (approximately 37 years) this Office is satisfied that the existing use of the lands is adequately served with respect to building location, unit sizes, and parking and that the development will not be affected by the applicant’s proposal to convert the apartment units to condominium ownership. The applicant has submitted a Building Condition Assessment and a review of the existing structure relative to the Ontario Building Code and Fire Code. Suggested conditions of approval are included to implement the recommendations of these reports prior to final approval. Further, current legislation prohibits the displacement of existing tenants, regardless of any change in ownership and requires that existing tenants be provided a first right of refusal with respect to the purchase of the condominium unit. Based on the forgoing, Planning Staff are of the opinion that the proposed condominium conversion is consistent with the PPS, generally complies with the relevant Official Plan policies, and maintains the general intent of the Town’s Zoning By-law. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg advise the County of Oxford that the Town supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-05-7) as applied to lands consisting of Part Lot 94, Lot 95, Plan M25, Parts 1, 2 & 4, Plan 41R-1397, Town of Tillsonburg, subject to the following conditions of draft plan approval: 1. This approval applies to the draft plan of condominium, submitted by 2442583 Ontario Inc. (File CD 15-05-7) and prepared by Kim Husted Surveying, (dated September 28, 2015), as shown on Plate 3 of Report No. 2015-223, comprising land described as Part Lot 94, Lot 95, Plan M25, Parts 1, 2 & 4, Plan 41R-1397, Town of Tillsonburg, and showing 23 residential units. 2. The recommendations of the Building Condition Report be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 3. The recommendations of the Fire Separation Review prepared by Pretium Anderson Building Engineers be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 4. That the owner grants any required easements for electrical servicing to the satisfaction of Tillsonburg Hydro Inc. 5. That the owner grants any required easements for sanitary services to the satisfaction of the Town of Tillsonburg Engineering Services Department and Oxford County Public Works Department. Page 5 of 6 54 Report No: CASPO 2015-223 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 6. Prior to signing the final plan for registration, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2, 3, 4 and 5 have been addressed, to the satisfaction of the Town of Tillsonburg. The clearance letter shall include a brief statement for each condition detailing how each condition has been satisfied. 7. Prior to signing the final plan for registration, the County of Oxford shall be advised by Oxford County Public Works Department that Condition 5 has been addressed to their satisfaction. The clearance letter shall include a brief statement detailing how the condition has been satisfied. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Gordon K. Hough MCIP, RPP, Director Page 6 of 6 55 August 12, 2015 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 1040 Notes NAD_1983_UTM_Zone_17N 52 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) 56 August 12, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Civic Address 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) 57 C:\OSOFT141\WORK2015\15-11822.dwg, 28/09/2015 2:56:09 PM, DWG To PDF.pc358 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Draft Plan of Condominium CD 15-06-7 – 2442583 Ontario Inc. REPORT HIGHLIGHTS • The purpose of this report is to consider the conversion of an existing apartment building from rental units to condominium ownership and draft plan approval for a plan of condominium. • The proposal is consistent with the relevant policies in the 2014 Provincial Policy Statement, and generally complies with the intent of the Official Plan, as the existing development is designated Medium Density Residential and is appropriately zoned. • Agency circulation resulted in no concerns with the proposed development. DISCUSSION Background OWNERS: 2442583 Ontario Inc. 287 Queen Street, Streetsville ON, L5M 1L9 SOLICITOR: Zimmerman Associates 3338 Dufferin Street, Toronto ON, M6A 3A4 LOCATION: The subject property is described as Lot 96, Plan M25, Town of Tillsonburg. The property is located on the south side of Lisgar Avenue, east of Devonshire Avenue, and is municipally known as 187 Lisgar Avenue. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Medium Density Residential Page 1 of 6 59 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Medium Density Residential Zone (RM) PROPOSAL: An application for Draft Condominium Approval has been received by the Town of Tillsonburg and the County of Oxford. The applicant proposes to convert the tenure of the 20 residential units from rental to condominium ownership. The subject property is approximately 2,323.5 m2 (25,010 ft2) in area and contains a 3-storey building (circa. 1978) comprising six (6) 1-bedroom units, fourteen (14) 2-bedroom units, and seventeen (17) parking spaces. The lands are zoned ‘Medium Density Residential (RM)’ according to the Town of Tillsonburg Zoning By-law, which permits multi-unit residential uses. Plate 1, Location Map with Existing Zoning, indicates the location of the subject property and the zoning in the immediate area. Plate 2, 2010 Air Photo with Existing Zoning, provides an aerial view of the subject lands and surrounding area as of April 2010. Plate 3, Applicant’s Draft Plan of Condominium, illustrates the location of the existing building, access points to the property as well as the parking area on the subject property. Comments 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. Policies within the PPS direct municipalities to provide for a range of housing types and densities to meet the needs of current and future residents as well as promoting compact built form of development. The policies also advise municipalities to permit and facilitate all forms of housing to meet the social, health and well being or current and future residents and promoting residential intensification where it can be accommodated taking into account existing building stock, efficient use of infrastructure and public service facilities and where it does not impact on natural environmental features. OFFICIAL PLAN: The subject property is located within the Medium Density Residential designation according to the Town of Tillsonburg Residential Density Plan in the Official Plan. Section 8.2.2.2 of the Official Plan also contains policies where Town Council can encourage the creation of housing opportunities within the Town that may result in a mix of tenure forms, such as ownership, rental and cooperative units. Further to this, the policies also contain criteria as a guide when considering applications to convert from rental to ownership tenure as follows: Page 2 of 6 60 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 • the vacancy rate for similar unit types which are available at a similar level of rent, as determined using CMHC information, is 3% or greater; • whether the proposal will add to the affordable housing stock and the proportion of similarly priced ownership housing in the housing market; • minimize hardship for existing tenants and the potential for displacement; • the proposal complies with all residential development standards, the maintenance and occupancy by-law and design standards; • the proposal complies with the Ontario Building and Fire Codes or is proposed to be upgraded in accordance with such standards or requirements. ZONING BY-LAW: The subject property is zoned ‘Medium Density Residential Zone (RM)’ according to the Town’s Zoning By-Law. The proposal complies with the minimum required lot frontage, lot depth, front yard depth, rear yard depth and maximum lot coverage as per the RM zone. The proposal does not comply with the minimum lot area, minimum interior side yard width, minimum landscaped open space, and minimum required parking spaces. Town staff have confirmed that these deficiencies are considered to be legal non-conforming and it appears the site has functioned well notwithstanding these deficiencies. AGENCY REVIEW: The development proposal was circulated to various agencies considered to have an interest in the proposal. The following comments were received: The Town Engineering Services Department provided the following comments: • Easement will be required over the existing electrical plant to the point of demarcation in the favour of Tillsonburg Hydro Inc.; • Only one County water meter will be permitted per condominium property. Secondary meters may be installed for the convenience of the Owner at the Owner’s expense; • The applicant should be aware that the private water system onsite shall be separate from the municipal drinking water system. The applicant is advised that they are the responsible operator under the Safe Drinking Water Act Regulations for systems on private property. The Town Building Services Department indicated that a site inspection will be required to verify the findings in the consultant’s report, and any deficiencies noted must be corrected prior to final approval. Other circulated agencies, including Oxford County Public Works Department, Sourcewater Protection Risk Management Office, and Town of Tillsonburg Fire Services indicated no concern with the proposal. Page 3 of 6 61 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 Planning Analysis The approval of an application for draft plan of condominium generally involves a process similar to subdivision approval where, after appropriate circulation of the proposal, an applicant receives 'draft' approval which is contingent on the applicant satisfying a number of conditions prior to final approval and registration. It is Planning staff’s opinion that the application is in conformity with the policies of the PPS in that the application provides for a different form of housing to meet the long term social needs of the current and future residents. In terms of Official Plan policy, the average vacancy rate in the latest two surveys for a one-bedroom apartment unit in Tillsonburg is 4.5% according to the Canada Mortgage and Housing Rental Market Report for the Spring of 2015. Further, the average vacancy rate for the same time period for a two-bedroom apartment unit in Tillsonburg is 2.5%. While the vacancy rate for this unit type in Tillsonburg is less than the 3% ‘base’ as set out in the Official Plan policies, Planning staff note an additional number of criteria are to be considered when assessing conversion applications. Notwithstanding that the current rental rate information indicates that the vacancy rates for two bedroom apartment units in Tillsonburg is less than the 3% ‘base’ identified in the Official Plan, the CMHC also publishes the availability rate of units that provide an indication of the availability of units rental units in the short term (i.e. units that will be available within 30-60 days). This information was not tracked by the CMHC at the time that the current Official Plan policies regarding vacancy rates were adopted by Council. It is the opinion of this Office that the use of ‘availability rates’ together with vacancy provides additional guidance when considering applications for conversion from rental to condominium tenure. Having said this, according to the CMHC data the availability rate for similar units over the same two vacancy survey average is 4.9% for a one-bedroom unit and 2.8% for a two-bedroom unit. It is of note that availability rate in April 2015 was only marginally less than the 3.0 % base as set out in the Official Plan. The applicant has provided information regarding the availability of the existing apartment units should it be converted to condominium ownership. The condominium ownership would allow the sale of the units as rental income properties and it is proposed that the new ownership will continue to rent the units to the existing tenants. Additionally, with respect to the potential impact of conversion on tenants and the potential for displacement, the Residential Tenancies Act includes a number of provisions intended to prohibit displacement and hardship to existing tenants resulting from the conversion of rental units to condominium ownership. Specifically, the Act provides the following protections for existing tenants where conversion has occurred: - A landlord is prohibited from evicting an existing tenant to give vacant possession to a prospective purchaser of the condominium unit and is prohibited from termination based on possession by the landlord for the purpose of personal occupation by the landlord or member of the immediate family. Any purchaser of the condominium unit will not be able to obtain vacant possession while the tenant remains in the unit. - Tenants of a converted residential unit are guaranteed the right of ‘first refusal’ to purchase the condominium unit. Page 4 of 6 62 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 With respect to the Town’s Zoning By-law, the subject property is zoned RM and appears to meet the relevant zone provisions, with the exception of the noted deficiencies which are considered legal non-conforming. Additionally, considering the long standing use of the property in its present form (approximately 37 years) this Office is satisfied that the existing use of the lands are adequately served with respect to building location and parking and that the development will not be affected by the applicant’s proposal to convert the apartment units to condominium ownership. The applicant has submitted a Building Condition Assessment and a review of the existing structure relative to the Ontario Building Code and Fire Code. Suggested conditions of approval are included to implement the recommendations of these reports prior to final approval. Further, current legislation prohibits the displacement of existing tenants, regardless of any change in ownership and requires that existing tenants be provided a first right of refusal with respect to the purchase of the condominium unit. Based on the forgoing, Planning Staff are of the opinion that the proposed condominium conversion is consistent with the PPS, generally complies with the relevant Official Plan policies, and maintains the general intent of the Town’s Zoning By-law. Page 5 of 6 63 Report No: CASPO 2015-225 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg advise the County of Oxford that the Town supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-06-7) as applied to lands consisting of Lot 96, Plan M25, Town of Tillsonburg, subject to the following conditions of draft plan approval: 1. This approval applies to the draft plan of condominium, submitted by 2442583 Ontario Inc. (File CD 15-06-7) and prepared by Kim Husted Surveying, (dated September 28, 2015), as shown on Plate 3 of Report No. 2015-225, comprising land described as Lot 96, Plan M25, Town of Tillsonburg, showing 20 residential units. 2. The recommendations of the Building Condition Report be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 3. The recommendations of the Fire Separation Review prepared by Pretium Anderson Building Engineers be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 4. That the owner grants any required easements for electrical servicing to the satisfaction of Tillsonburg Hydro Inc. 5. Prior to signing the final plan for registration, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2, 3, and 4 have been addressed, to the satisfaction of the Town of Tillsonburg. The clearance letter shall include a brief statement for each condition detailing how each condition has been satisfied. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Gordon K. Hough MCIP, RPP, Director Page 6 of 6 64 August 12, 2015 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 1040 Notes NAD_1983_UTM_Zone_17N 52 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) 65 August 12, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Civic Address 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) 66 C:\OSOFT141\WORK2015\15-11823.dwg, 28/09/2015 2:06:04 PM, DWG To PDF.pc367 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Draft Plan of Condominium CD 15-07-7 – 2442583 Ontario Inc. REPORT HIGHLIGHTS • The purpose of this report is to consider the conversion of an existing apartment building from rental units to condominium ownership and draft plan approval for a plan of condominium. • The proposal is consistent with the relevant policies in the 2014 Provincial Policy Statement, and generally complies with the intent of the Official Plan, as the existing development is designated Medium Density Residential and is appropriately zoned. • Agency circulation resulted in no concerns with the proposed development. DISCUSSION Background OWNERS: 2442583 Ontario Inc. 287 Queen Street, Streetsville ON, L5M 1L9 SOLICITOR: Zimmerman Associates 3338 Dufferin Street, Toronto ON, M6A 3A4 LOCATION: The subject property is described as Lot 97, Plan M25, Town of Tillsonburg. The property is located on the south side of Lisgar Avenue, east of Devonshire Avenue, and is municipally known as 191 Lisgar Avenue. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Medium Density Residential Page 1 of 6 68 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning: Medium Density Residential Zone (RM) PROPOSAL: An application for Draft Condominium Approval has been received by the Town of Tillsonburg and the County of Oxford. The applicant proposes to convert the tenure of the eighteen (18) residential units from rental units to condominium ownership. The subject property is approximately 2,323.5 m2 (25,010 ft2) in area and contains a 3-storey building (circa. 1978) comprising nine (9) 1-bedroom units, nine (9) 2-bedroom units, and seventeen (17) parking spaces. The lands are zoned ‘Medium Density Residential (RM)’ according to the Town of Tillsonburg Zoning By-law, which permits multi-unit residential uses. Plate 1, Location Map with Existing Zoning, indicates the location of the subject property and the zoning in the immediate area. Plate 2, 2010 Air Photo with Existing Zoning, provides an aerial view of the subject lands and surrounding area as of April 2010. Plate 3, Applicant’s Draft Plan of Condominium, illustrates the location of the existing building, access points to the property as well as the parking area on the subject property. Comments 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. Policies within the PPS direct municipalities to provide for a range of housing types and densities to meet the needs of current and future residents as well as promoting compact built form of development. The policies also advise municipalities to permit and facilitate all forms of housing to meet the social, health and well being or current and future residents and promoting residential intensification where it can be accommodated taking into account existing building stock, efficient use of infrastructure and public service facilities and where it does not impact on natural environmental features. OFFICIAL PLAN: The subject property is located within the Medium Density Residential designation according to the Town of Tillsonburg Residential Density Plan in the Official Plan. Section 8.2.2.2 of the Official Plan contains policies where Town Council can encourage the creation of housing opportunities within the Town that may result in a mix of tenure forms, such Page 2 of 6 69 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 as ownership, rental and cooperative units. Further to this, the policies also contain criteria as a guide when considering applications to convert from rental to ownership tenure as follows: • the vacancy rate for similar unit types which are available at a similar level of rent, as determined using CMHC information, is 3% or greater; • whether the proposal will add to the affordable housing stock and the proportion of similarly priced ownership housing in the housing market; • minimize hardship for existing tenants and the potential for displacement; • the proposal complies with all residential development standards, the maintenance and occupancy by-law and design standards; • the proposal complies with the Ontario Building and Fire Codes or is proposed to be upgraded in accordance with such standards or requirements. ZONING BY-LAW: The subject property is zoned ‘Medium Density Residential Zone (RM)’ according to the Town’s Zoning By-Law. The proposal complies with the minimum required lot frontage, lot depth, front yard depth, rear yard depth and maximum lot coverage as per the RM zone. The proposal does not comply with the minimum lot area, minimum interior side yard width, and minimum required parking spaces. Town staff have confirmed that these deficiencies are considered to be legal non-conforming and it appears the site has functioned well notwithstanding these deficiencies. AGENCY REVIEW: The development proposal was circulated to various agencies considered to have an interest in the proposal. The following comments were received: The Town Engineering Services Department provided the following comments: • Easement will be required over the existing electrical plant to the point of demarcation in the favour of Tillsonburg Hydro Inc.; • Only one County water meter will be permitted per condominium property. Secondary meters may be installed for the convenience of the Owner at the Owner’s expense; • The applicant should be aware that the private water system onsite shall be separate from the municipal drinking water system. The applicant is advised that they are the responsible operator under the Safe Drinking Water Act Regulations for systems on private property. The Town Building Services Department indicated that a site inspection will be required to verify the findings in the consultant’s report, and any deficiencies noted must be corrected prior to final approval. Other circulated agencies, including Oxford County Public Works Department, Sourcewater Protection Risk Management Office, and Town of Tillsonburg Fire Services indicated no concern with the proposal. Page 3 of 6 70 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 Planning Analysis The approval of an application for draft plan of condominium generally involves a process similar to subdivision approval where, after appropriate circulation of the proposal, an applicant receives 'draft' approval which is contingent on the applicant satisfying a number of conditions prior to final approval and registration. It is Planning staff’s opinion that the application is in conformity with the policies of the PPS in that the application provides for a different form of housing to meet the long term social needs of the current and future residents. In terms of Official Plan policy, the average vacancy rate in the latest two surveys for a one-bedroom apartment unit in Tillsonburg is 4.5% according to the Canada Mortgage and Housing Rental Market Report for the Spring of 2015. Further, the average vacancy rate for the same time period for a two-bedroom apartment unit in Tillsonburg is 2.5%. While the vacancy rate for this unit type in Tillsonburg is less than the 3% ‘base’ as set out in the Official Plan policies, Planning staff note an additional number of criteria are to be considered when assessing conversion applications. Notwithstanding that the current rental rate information indicates that the vacancy rates for two bedroom apartment units in Tillsonburg is less than the 3% ‘base’ identified in the Official Plan, the CMHC also publishes the availability rate of units that provide an indication of the availability of units rental units in the short term (i.e. units that will be available within 30-60 days). This information was not tracked by the CMHC at the time that the current Official Plan policies regarding vacancy rates were adopted by Council. It is the opinion of this Office that the use of ‘availability rates’ together with vacancy provides additional guidance when considering applications for conversion from rental to condominium tenure. Having said this, according to the CMHC data the availability rate for similar units over the same two vacancy survey average is 4.9% for a one-bedroom unit and 2.8% for a two-bedroom unit. It is of note that availability rate in April 2015 was only marginally less than the 3.0 % base as set out in the Official Plan. The applicant has provided information regarding the availability of the existing apartment units should it be converted to condominium ownership. The condominium ownership would allow the sale of the units as rental income properties and it is proposed that the new ownership will continue to rent the units to the existing tenants. Additionally, with respect to the potential impact of conversion on tenants and the potential for displacement, the Residential Tenancies Act includes a number of provisions intended to prohibit displacement and hardship to existing tenants resulting from the conversion of rental units to condominium ownership. Specifically, the Act provides the following protections for existing tenants where conversion has occurred: - A landlord is prohibited from evicting an existing tenant to give vacant possession to a prospective purchaser of the condominium unit and is prohibited from termination based on possession by the landlord for the purpose of personal occupation by the landlord or member of the immediate family. Any purchaser of the condominium unit will not be able to obtain vacant possession while the tenant remains in the unit. - Tenants of a converted residential unit are guaranteed the right of ‘first refusal’ to purchase the condominium unit. Page 4 of 6 71 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 With respect to the Town’s Zoning By-law, the subject property is zoned RM and appears to meet the relevant zone provisions, with the exception of the noted deficiencies which are considered legal non-conforming. Additionally, considering the long standing use of the property in its present form (approximately 37 years) this Office is satisfied that the existing use of the lands are adequately served with respect to building location and parking and that the development will not be affected by the applicant’s proposal to convert the apartment units to condominium ownership. The applicant has submitted a Building Condition Assessment and a review of the existing structure relative to the Ontario Building Code and Fire Code. Suggested conditions of approval are included to implement the recommendations of these reports prior to final approval. Further, current legislation prohibits the displacement of existing tenants, regardless of any change in ownership and requires that existing tenants be provided a first right of refusal with respect to the purchase of the condominium unit. Based on the forgoing, Planning Staff are of the opinion that the proposed condominium conversion is consistent with the PPS, generally complies with the relevant Official Plan policies, and maintains the general intent of the Town’s Zoning By-law. Page 5 of 6 72 Report No: CASPO 2015-226 COMMUNITY AND STRATEGIC PLANNING Council Date: October 26, 2015 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg advise the County of Oxford that the Town supports the application by 2442583 Ontario Inc., to create a draft plan of condominium (File No.: CD 15-07-7) as applied to lands consisting of Lot 97, Plan M25, Town of Tillsonburg, subject to the following conditions of draft plan approval: 1. This approval applies to the draft plan of condominium, submitted by 2442583 Ontario Inc. (File CD 15-07-7) and prepared by Kim Husted Surveying, (dated September 28, 2015), as shown on Plate 3 of Report No. 2015-226, comprising land described as Lot 97, Plan M25, Town of Tillsonburg, showing 18 residential units. 2. The recommendations of the Building Condition Report be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 3. The recommendations of the Fire Separation Review prepared by Pretium Anderson Building Engineers be implemented to the satisfaction of the Town of Tillsonburg Chief Building Official. 4. That the owner grants any required easements for electrical servicing to the satisfaction of Tillsonburg Hydro Inc. 5. Prior to signing the final plan for registration, the County of Oxford shall be advised by the Town of Tillsonburg that Conditions 2, 3, and 4 have been addressed, to the satisfaction of the Town of Tillsonburg. The clearance letter shall include a brief statement for each condition detailing how each condition has been satisfied. SIGNATURES Authored by: Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: Gordon K. Hough MCIP, RPP, Director Page 6 of 6 73 August 12, 2015 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 1040 Notes NAD_1983_UTM_Zone_17N 52 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) 74 August 12, 2015 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Civic Address 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) 75 C:\OSOFT141\WORK2015\15-11824.dwg, 28/09/2015 12:59:48 PM, DWG To PDF.pc376 Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L1V 0C4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca October 16, 2015 To: All Heads of Council From: Dan Mathieson, Chair, MPAC Board of Directors Subject: 2014 Enumeration Process – Final Results As an elected official who understands the significance of the municipal and school board election processes and an unwavering commitment to represent everyone in the community you serve, I wanted to share with you the final results of the Municipal Property Assessment Corporation’s (MPAC) 2014 Enumeration process. The results include the work completed to build the Preliminary List of Electors (PLE) and processing of Voters’ List revisions submitted to MPAC following the October 27 municipal election. In support of the Corporation’s 2013-2016 Strategic Plan, MPAC took a more streamlined approach to collecting owner and occupant information and identifying eligible municipal and school board electors. While MPAC is not an elections agency, we recognize the need to utilize all available information to ensure that the PLE is as up-to-date and accurate as possible. As part of the enumeration process, MPAC made use of a number of third party data sources, including Elections Canada (National Register of Electors), Elections Ontario (including revisions from the June 12, 2014 provincial election) and the Ministry of Government Services (names of deceased persons). In addition, MPAC introduced voterlookup.ca, a self-serve online application that enabled potential electors to confirm and/or update their personal information to ensure they would appear on the 2014 PLE. There are two infographics we have created to capture the final results of the 2014 Enumeration which I encourage you to examine. The first is a high level provincial look at the roles and actions of the three phases in the process: Preliminary List of Electors, Voters’ List, and Post-Election Processing. Among these results is the provincial PLE accuracy rate for 2014, which I am pleased to report is 87%. This is comparable to the 2010 result of 90% and was accomplished at less than a third of the cost. The second infographic I believe will be of particular interest to you and your Council members. It is a high level snapshot of the results specific to your respective municipality including the number of potential electors identified, voterlookup.ca activity, the effects of using third party data sources and other data cleansing initiatives. Please refer to the attached consolidated results package for your municipality. 77 All Heads of Council 2014 Enumeration Process – Final Results October 16, 2015 Page 2 of 2 Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L1V 0C4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca While we consider 2014 an overall success, it is important to recognize that MPAC is an assessment authority, not an elections agency. Therefore, as part of the current review of the Municipal Elections Act, 1996 conducted by the Ministry of Municipal Affairs and Housing, and in collaboration with AMCTO and key government bodies such as Elections Ontario and the Ministry of Finance, we continue to explore available options for transitioning enumeration activities, including preparation of the Preliminary List of Electors, to another entity. This direction is fully supported by MPAC’s Board of Directors and Executive Management Group. This initiative aligns with the results of a 2013 MPAC sponsored IPSOS survey of public perceptions concerning municipal elections. The results were quite clear. When asked who respondents would most likely contact to confirm if they were on the Voters’ List, only 1% identified MPAC as the responsible body. The most common choice was Elections Ontario at 27%, while 24% selected their local Municipal Office and another 18% identified Elections Canada. As a result of membership surveys and their own deliberations, the AMCTO is strongly advocating that an electoral agency would be better positioned to provide the PLE for municipal elections. I encourage all Heads of Council to contact me directly to discuss this issue and/or to provide additional ideas or proposals. If you have any questions or comments, and/or would like to request a presentation for an upcoming Council meeting, please contact enumeration@mpac.ca. Yours truly, Dan Mathieson Chair, MPAC Board of Directors Attachment Copy Municipal Clerks Elections Ontario Ministry of Finance Ministry of Municipal Affairs and Housing AMCTO 2014 Enumeration Team, MPAC Executive Management Group, MPAC MPAC Board of Directors Antoni Wisniowski, President and Chief Administrative Officer, MPAC 78 COUNCIL REPORT MAYOR’S OFFICE Report Title: UPDATE –County of Oxford Report No.: MYR 15-10 Author: Mayor Molnar Meeting Type: COUNCIL MEETING Council Date: OCTOBER 26, 2015 Attachments: RECOMMENDATION: THAT Council receives report MYR 15-10 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION • On August 23, County Council conditionally authorized staff to negotiate an agreement with the Town of Tillsonburg for the construction and operation of the Trans Canada Trail (TCT) from the existing TCT in Tillsonburg easterly to Norfolk County pending local municipal approval. This material, as contained in Report PW 2015-53, outlined the financial responsibilities and the efforts to be taken to ensure open public engagement throughout any planning process. As a result of a delegation from Jim Paterson, an additional $50,000 was received from the Pan Am Legacy Trails Fund. 79 **This resolution was officially adopted after the Town of Tillsonburg authorized proceeding with the partnership at their Council meeting of September 28, 2015). • Subsequent to comments received from lower-tier municipalities, including the Town of Tillsonburg (Report CAO 2015-12), the final Future Oxford Community Sustainability Plan was approved on September 9, 2015. This initiative returned to Tillsonburg Council and is awaiting a final report from CAO on recommendation. • County Council endorsed the direction of the Western Ontario Warden’s Caucus (WOWC) concerning the comprehensive regional approach to equitable infrastructure funding under the Moving Ontario Forward strategy. This goal of ensuring that Southwestern Ontario receives an equitable share of dollars in the immediate future is paramount to rebuilding our local and regional infrastructure, housing stock and development opportunities. • County Council (10/14/15) authorized staff to proceed with the application to amend the Official Plan as it pertains to the principles of sustainability, particularly in reference to waste management. Direction was given to circulate Report CASPO 2015-193 to all lower tier municipalities for review and comment. It is anticipated that Tillsonburg Council will be provided this opportunity at a subsequent municipal meeting. • Finally, as previously circulated, members of Council and the public are invited to attend the official launch of the Future Oxford Community Sustainability Plan (Wednesday October 28 at 6:00 PM – County Administration Building) FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 10/26/15 Page 2 / 2 CAO 80 STAFF REPORT FINANCE Title: 2015 THIRD QUARTER FINANCIAL RESULTS Report No.: FIN 15 - 40 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee Date: OCTOBER 26, 2015 Attachments: 2015 ACTUAL VARIANCES Q3 RECOMMENDATION THAT Council receives report FIN 15- 40 2015 Third Quarter Financial results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2015 to September 30, 2015 Town wide actual financial results and projections through to December 31, 2015. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the variances between 2015 actual results as at September 30, 2015 and the 2015 YTD budget. The overall Town wide consolidated surplus as at September 30, 2015 is $454,277, and the projected surplus through to December 31, 2015 is $61,055. Questions or comments relative to the departmental 2015 Q3 revenues and expenditures and projections through to December 31, 2015 should be referred to the other members of Senior Management for commentary. 81 Annual YTD YTD BudgetBudget Budget Actuals VarianceExplanationsFinance110 Corp Admin2,066,400 1,448,800 1,484,656 35,856 Net Revenue under budget $9,100; Net labour under budget $74,900 - CSC Manager allocation between customer service, vacant deputy clerk & FRAM; Training under budget$3,900; Legal over budget $30,600 - OMB hearings; Debt principal over budget $14,800 - allocation of debt paid off - offset/surplus in Storm, Conservation, Arena Facility departments; Net building Expense under budget $19,800; Corp overhead recovery under budget $83,000 - Allocation of FRAM to THI, offset with surplus in labour120 CSC(96,600) (10,000) (40,918) (30,918) Net revenue over budget $8,600; Net labour over budget $4,000 - Allocation of Manager's time between Finance; Training under budget $4,700; Billing related expense under $2,900 postage & equipment rental; Net Building Maintenance under budget $13,400; All other net expenditures under budget $5,200 Total Finance1,969,800 1,438,800 1,443,738 4,938 DCS100 Council287,200 194,100 194,456 356 Net election Costs over $1,700; Training Under budget $5,500: Net labour over $500; Meeting Expense over $2,500; All other net expenditures over budget $1,200180 Protection219,000 141,700 121,200 (20,500) Net labour under budget $6,000 - Vacancy; Net Animal Control under budget $11,200; All other net expenditures under budget $3,300190 Building59,900 52,200 69,857 17,657 Net revenue under budget $45,700 - Permit revenue; Net labour under budget $24,700 - vacant deputy building official; Advertising Expense is under budget $2,700; Training is under budget $1,300; Miscellaneous Exp under budget $1,500 - Marketing & Communications; 500 Planning81,500 (44,600) (58,061) (13,461) Net Discover Tillsonburg is under budget $13,800505 EcDev293,900 234,900 224,834 (10,066) Net revenue over budget $1,000; Net labour over $3,400; Meeting Expense under budget $3,100; Special project under budget $6,300 - Town Re-branding; Miscellaneous Expense under budget $5,400 - Industrial land property taxes -timingTotal DCS941,500 578,300 552,286 (26,014) 82 Annual YTD YTD BudgetBudget Budget Actuals VarianceExplanationsFire150 Fire1,227,300 918,900 833,952 (84,948) Net revenue over $30,300 - partially due to New Dispatch Customer; Net labour under budget $44,500 - $40,300 re Vacant Prevention Officer; Supplies under budget $6,900; Special Projects over budget $30,700 - Dispatch equipment upgrade; Training under $10,400; Special Events under budget - $11,900; Building Repairs under budget $5,500; All other net operating expenditures under budget $4,300160 Police2,918,100 2,221,700 2,216,724 (4,976) Net revenue under budget $2,000; Net labour over budget $2,500; Net Police Services Board is under budget $3,200; OPP Subcon expense is under budget $5,400Total Fire4,145,400 3,140,600 3,050,676 (89,924) Operations130 Fleet(262,000) 322,300 263,646 (58,654) Net labour over $10,500 - OT; Net revenue under $19,600 - primarily external parties (Hydro); Equipment Supplies & Repairs under $13,200; Fuel & Oil expense under $52,500; General supplies is under $7,600; Miscellaneous Expense under $16,200 - Licence renewals - timing145 Enterprise Services(121,500) 34,500 27,849 (6,651) Net Labour under $6,000; subcontractor Expense over $9,800; Supplies Expense under $7,100; All other expenditures under budget $3,300170 Conserv8,400 5,500 4,755 (745) Net labour over budget $1,500; Supplies Expense under budget $500; All other net expenditures under budget $1,700210 Eng415,500 310,500 260,085 (50,415) Net revenue over budget $10,100; Net labour under budget $26,200 - Vacant Manager; Training is under budget $6,700; All other net expenditures under budget $7,000220 Rds1,618,300 2,454,300 2,448,677 (5,623) Net labour over $46,200; Subcontractor Expense under $65,100 - timing; Net Capital over $11,700 - timing225 Winter Mtce482,000 385,700 354,848 (30,852) Net labour under $47,400; Supplies Expense over $15,800230 Parking- (58,200) (73,373) (15,173) Net labour under $10,900; Subcontractor Expense under $1,100; Supplies Expense under $2,200235 Streetlights304,400 217,700 232,461 14,761 Net labour over budget $1,500; Streetlights Capital over $13,300240 Air92,400 100,400 10,654 (89,746) Net Revenue under $8,700; Net Fuel sales profit of $44,000; Net labour under budget $24,400 - Sick leave; Consulting/Legal Expense under $7,700; All other net expenditures under budget $5,00083 Annual YTD YTD BudgetBudget Budget Actuals VarianceExplanations260 Stm Swrs308,600 142,800 91,582 (51,218) Net labour under $25,500; Debt payments under budget $9,200 - Relating to debt balloon payment; Subcontractor Expense under budget $41,300 - timing; 280 SW&R129,900 173,800 175,630 1,830 Net Revenue under $3,200; Net labour under $23,600; Net bag Tag Sales under budget $7,300 - timing; Subcontractor Expense over budget $14,600Total Operations2,976,000 4,089,300 3,796,814 (292,486) RCP300 Cem134,300 91,000 137,139 46,139 Net Revenue under budget $41,900; Net labour over budget $14,700; Subcontractor expense under $16,900; Net capital expenditures over $7,200450 Pks575,900 449,800 418,530 (31,270) Net revenue under $23,500; Net labour under $43,400; Equipment Rental over budget $16,200; Miscellaneous Expense under $23,000; Subcontractor Expense under budget $4,200460 Rec - Prog268,100 295,900 222,226 (73,674) Net revenue over $76,600; Net labour over $2,900; 465 Rec - Bldg Mtce2,045,300 1,405,000 1,396,476 (8,524) Net revenue under $2,000; Net labour under $29,700; Building Repairs & Maint. under $34,400; Equipment Supplies & Repairs under $8,100; Subcontractor Exp over $20,300; Debt payments under $7,400 - Relating to debt balloon payment; HLW over budget $42,700; Training is over budget $3,300; Net Capital over $1,200; All other net expenditures over budget $1,500467 EFC(27,500) (11,400) (22,612) (11,212) Rent Revenue over budget $5,000; Net expenditures under budget $6,100475 Museum289,200 194,200 221,950 27,750 Net Revenue under budget $37,500; Special Projects under budget $10,200; Total RCP3,285,300 2,424,500 2,373,709 (50,791) Taxation requirement: Deficit/(Surplus)13,318,000 11,671,500 11,217,223 (454,277) 84 Payments relating to election system over $1,200; FT labour over $6,500; Meeting over $3,300;0Subcon Expense is under $19,400: Animal control contract;0Revenue over $6,300; Miscellaneous Exp under $2,200; HLW over $2,250; Net labour over $1,650; Insurance under $1,000-5600Finance, 35,856 Customer Service, (30,918) Council, 356 Protection, (20,500) Building, 17,657 Development & Communication Services, (13,461) Economic Development, (10,066) Fire, (84,948) Police, (4,976) Fleet, (58,654) THI - Town, (6,651) Conservation, (745) Engineering, (50,415) Roads, (5,623) Winter Maint., (30,852) Parking, (15,173) Streetlights, 14,761 Airport, (89,746) Storm Sewers, (51,218) Solid Waste, 1,830 Cemetery, 46,139 Parks, (31,270) Rec - Programs, (73,674) Rec - Facilities, (8,524) Elliot Fairbairn Centre, (11,212) Museum, 27,750 (100,000) (80,000) (60,000) (40,000) (20,000) - 20,000 40,000 60,000$(Surplus) or Deficit 2015 Q3Net Levy VariancesFinanceCustomer ServiceCouncilProtectionBuildingDevelopment &Communication ServicesEconomic DevelopmentFirePoliceFleetTHI - TownConservationEngineeringRoadsWinter Maint.ParkingStreetlightsAirportStorm SewersSolid WasteQ3 Net Surplus$454,27785 Annual Budget BudgetBudget Revenue ExpensesExplanationsFinance110 Corp Admin1,968,400 (936,500) 2,904,90044,388 OMB Hearings, Interest revenue loss120 CSC(96,600) (383,800) 287,200(14,381) Excess revenue- licence fees, TrainingTotal Finance1,871,800 (1,320,300) 3,192,100 30,007 Taxation13,080,000 13,080,000 - (3,025) DCS100 Council287,200 - 287,200(2,617) Training180 Protection219,000 (76,400) 295,4001,215 Anticipate meeting budget190 Building59,900 (285,500) 345,400(600) Anticipate meeting budget500 Planning81,500 (490,000) 571,50071 Anticipate meeting budget505 EcDev293,900 (771,800) 1,065,70021,661 CIP applicationsTotal DCS941,500 (1,623,700) 2,565,200 19,730 Fire150 Fire1,227,300 (260,600) 1,487,900(59,898) Vacant Fire Prevention Officer160 Police2,918,100 (668,800) 3,586,900(1,045) Anticipate meeting budgetTotal Fire4,145,400 (929,400) 5,074,800 (60,943) Net Variance Deficit (Surplus) 86 Annual Budget BudgetBudget Revenue ExpensesExplanations Net Variance Deficit (Surplus) Operations130 Fleet(262,000) (2,696,700) 2,434,70057,675 Over on Repairs, Over on Overtime, Shortfall on Fleet Charge Revenue145 Enterprise Services(261,500) (2,100,700) 1,839,200 (10,636) Labour Savings and Under on fleet charges170 Conserv8,400 - 8,400(2,673) Anticipate meeting budget210 Eng415,500 (100,200) 515,700(40,378) Vacant Manager, Additional Revenue220 Rds1,618,300 (1,887,600) 3,505,900(51,140) Vacant manager225 Winter Mtce482,000 - 482,00014,313 Winter Supplies230 Parking- (139,500) 139,5003 Anticipate meeting budget235 Streetlights304,400 - 304,400(7,786) HWL savings240 Air92,400 (1,009,600) 1,102,000(54,032) Fuel Sales, Labour Savings260 Stm Swrs308,600 (88,000) 396,600(18,706) Subcontractor Expense280 SW&R129,900 (281,200) 411,10013,099 Shortfall in revenue and over in Subcontractor ExpenseTotal Operations2,836,000 (8,303,500) 11,139,500 (100,261) RCP300 Cem134,300 (198,900) 333,20060,866 Revenue short fall, labour is over budget offset in Parks 450 Pks575,900 (360,500) 936,400(23,048) Labour is under budget, offset in Cemetery460 Rec - Prog268,100 (1,360,500) 1,628,600(12,953) Excess revenue in several areas465 Rec - Bldg Mtce2,045,300 (173,700) 2,219,00023,988 HLW is over- Hydro rates not in Town's control467 EFC(27,500) (220,000) 192,500(1,838) Anticipate meeting budget475 Museum289,200 (143,300) 432,5006,422 Revenue short fallTotal RCP3,285,300 (2,456,900) 5,742,200 53,437 Taxation requirement: Deficit/(Surplus)13,080,000 (14,633,800) 27,713,800 (61,055) 87 STAFF REPORT FINANCE Title: 2015 THIRD QUARTER FINANCE DEPARTMENT RESULTS Report No.: FIN 15 - 41 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee Date: OCTOBER 26, 2015 Attachments: RECOMMENDATION THAT Council receives report FIN 15 - 41 2015 Third Quarter Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the actual January 1, 2015 to September 30, 2015 Finance Department financial results and the projected Finance Department 2015 financial results. SUMMARY OF OPERATIONAL RESULTS 2015 Business Objectives Objective Target Date Status Lotus Notes to Exchange Conversion Q1 Substantially completed October 19th. Upgrade Great Plains software Q3 Complete. Upgrade Class software Q2 Complete. Upgrade Northstar software TBD Dependent on THI budget. FMW Budget software Q3 Complete. Town website redevelopment Q2 Active project with completion in Q1 2016. 88 Objective Target Date Status Cash forecasting model Q4 Project deferred to 2016. Investigate the One Investment Program Q4 Project deferred to 2016. Outbound call automation through the IVR Q2 Deferred to Q4. Northstar report training Q3 Dependent on Northstar upgrade. Business license automation Q4 Deferred to 2016 and exploring new website opportunities. Implementation of Laserfiche Records Management System Q1 Migration from domino doc complete; Staff working on policies. TOMRS training for all staff Q1 Staff currently working on training material. Training planned. Laserfiche records management user training Q1 Staff currently working on training material. Training planned. Hire Records Management Coordinator Q2 Complete. Local Government Week Q4 Q4 to be completed. Key Indicators 09/30/2015 09/30/2014 Tax Receivables $6,459,374 $6,630,813 Accounts Receivable $199,944* $250,273 * Approximately $49,075 outstanding from three airport land tenants. GOALS FOR Q4 2015 • Website redevelopment continues. • 2016 Draft Budget presentations begin. FINANCIAL IMPACT/FUNDING SOURCE Overall the 2015 second quarter Finance Department variance summary is as follows: 2015 Budget vs. Actual Variance Summary Department (under)/over Finance $44,388 Customer Service $(14,381) Total variances $30,007 Variances anticipated through to December 31, 2015 include OMB legal costs of $27,000 and staff overtime of $15,000. 89 1 CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Building/Planning/By-Law Services 2015 Third Quarter Report Report No.: DCS 15-47 Author: GENO VANHAELEWYN – Chief Building Official Meeting Type: COUNCIL MEETING Council Date: OCTOBER 28, 2015 Attachments: - RECOMMENDATION: THAT Council receives Report DCS 15-47 Building/Planning/By-Law Services 2015 Third Quarter Report as information. EXECUTIVE SUMMARY To provide a Building, Planning and By-Law activity report for the Third Quarter of 2015. BACKGROUND This report covers the period from January 1, 2015 to September 30, 2015. A significant decrease in activity was recorded in terms of number of permits issued and the total value of construction compared to 2014. The residential housing construction market, however, remained stable with a decrease in the construction of single detached units and a notable increase in apartment units. Institutional, industrial and commercial sectors all experienced a decrease in value of construction. Planning and By-Law activity remained comparable to previous years. These activities are noted in the tables below. BUILDING SERVICES Total Permits Issued 220 Total Construction Value $12,661,394 Total Permit Revenue $144,678 90 2 CAO VALUE OF CONSTRUCTION COMPARISON VALUE OF CONSTRUCTION COMPARISON TYPE 2012 2013 2014 2015 Residential (Value) 8,154,687 9,579,435 11,490,650 10,324,893 Commercial (Value) 7,008,100 1,298,772 1,108,797 684,728 Industrial (Value) 421,000 3,347,100 1,477,900 272,600 Institutional (Value) 215,350 917,675 17,605,392 1,379,173 TOTAL 15,799,137 15,142,982 31,682,739 12,661,394 RESIDENTIAL $10,324,893 INDUSTRIAL $272,600 COMMERCIAL $684,728 INSTITUTIONAL $1,379,173 91 3 CAO PERMITS ISSUED COMPARISION TYPE 2011 2012 2013 2014 2015 Single Detached Dwellings 40 41 44 55 39 Total Dwelling Units 116 44 47 58 62 Total All Permits 250 242 257 309 220 RESIDENTIAL DEVELOPMENT DEVELOPER NUMBER OF SINGLE DETACHED DWELLINGS Hayhoe Homes – Colin/Glendale West 12 PK Construction – Baldwin Place 10 Riviera Homes – Langrell Avenue 3 Landmark Homes – William Street 3 Bamford Homes – South Ridge Heights 2 Oxford Builders – Annandale Phase 7 2 Gentrac Homes – Wood Haven Drive 1 H.E.G. Homes – Bobolink Drive 1 Private 5 INSPECTION ACTIVITY COMPARISONS Output Measures/Activity Quantity 2014 Quantity 2015 Building Inspections Completed 1036 990 Major construction/development projects:  TVDSB- Westfield Public School  TVDSB- South Ridge Public School Addition/Renovation  Harvest Retirement Community-Phase 2 Addition  41 Broadway – Commercial/Residential Alterations  31 Maple Lane- Non-Profit Housing 12 Unit Addition  46 Ridout W - St. John’s Anglican Church – Renovation/Addition  51 Venison W - St Mary’s Catholic Church – Renovation  124 Tillson Ave – New Gas Station 92 4 CAO BUILDING FINANCIAL IMPACT Financial records indicate that the Building sector is over budget $17,657 at the end of Q3. The decrease in permit activity and value of construction is a direct result of the decreased revenue found in the financial records. The forecast at this time for year end is to be on budget. 2015 – PLANNING ACTIVITY Output Measures/Activity 2014 2015 Minor Variance Applications 9 12 Zone Change Application 11 6 Site Plan Formal Consultations 2 7 Site Plan Approvals 4 6 Site Plan Applications (in progress) 4 5 Subdivision Agreements 1 2 Subdivision Amendment Agreements 1 1 SITE PLAN APPLICATIONS (in progress)  138 Broadway- Dale Springer  183 Tillson Ave – Tillsonburg Rentals  51 Venison St West- St. Mary’s Church  273 Quarter Town Line- Bethel Church  253 Broadway – Town of Tillsonburg BY-LAW ACTIVITES Records indicate that by-law and property standard activities and occurrences are consistent with the previous year. These activities are noted in the tables below. 93 5 CAO 2015 – By-Law Activity Output Measures– Quantity 2014 2015 Parking Tickets Issued 335 427 Animal Tags Issued Cats 972 1046 Dogs 2110 2145 Enforcement – Complaints and Occurrences Parking, Noise, Garbage, Taxi 105 121 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 163 205 Animal Control 334 312 BY-LAW FINANCIAL IMPACT Financial records indicate that the By-Law sector has a surplus of $20,500 at the end of Q3. The forecast at this time for year end is to be on budget. DEPARTMENTAL TASKS Third quarter tasks:  Public School Construction Projects - occupancy  CIP Program Review – ongoing  Open Permit Project – closed 232 open permits  Digitalizing Property File Project  Summer Student Training  Review Municipal Addressing Policy - ongoing  Crossing Guard Re-location Review & Training  2015 Façade Improvement Program - ongoing  Conditional Permit Agreement  Departmental Website Content Review - ongoing The fourth quarter will continue to keep staff busy with existing construction projects, 2016 budget and the ongoing departmental projects noted above. 94 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: ECONOMIC DEVELOPMENT THIRD QUARTER REPORT Report No.: DCS 15-48 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council Date: OCTOBER 26, 2015 Attachments: RECOMMENDATION: “THAT Council receive Report DCS 15-48 Economic Development Third Quarter Report for information purposes.” EXECUTIVE SUMMARY Economic Development Activity Q3 2014 (ACTUAL) Q3 2015 (YTD TARGET) Q3 2015 (YTD ACTUAL) Lead Files Opened 43 70 40 Lead Files Closed 32 75 21 Corporate Visits 21 18 15 Client Visits 14 14 10 New Businesses Opened 11 7 11 Businesses Closed 5 N/A 5 Website Activity (Main Business Page) 2,324 2,100 2,005 Website Activity (Business Directory) 4,315 4,600 4,372 The number of new businesses is tracking above targets while other metrics are tracking close to or below targets. 95 Airport Activity Q3 2014 (ACTUAL) Q3 2015 (YTD TARGET) Q3 2015 (YTD ACTUAL) Lead Files Opened (Hangar Inquiries) 7 6 4 Fuel Sales (Litres) 197,204 120,000 195,384 Fuel Sales Profit N/A $37,940 $81,941 Movements 10,618 N/A 11,070 Airport fuel sales are slightly lower than 2014 sales (including 2014 airshow amounts) year to date. However, profit is up 116% versus year-to-date targets. Movements are also up 4% year to date. Three new hangar leases have also been approved with one completed, one under construction and one anticipated to start construction shortly. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development Office variances for 2015, including Airport and Discover Tillsonburg, are as follows: Department Variance Explanation Forecast (To Dec 31, 2015) Economic Development ($10,066) Net revenue over budget $1,000; Net labour over $3,400; Meeting Expense under budget $3,100; Advertising expense over budget $2,000; Special project under budget $6,300 - Town Re-branding; Miscellaneous Expense under budget $5,400 - Industrial land property taxes -timing Over budget by $21,661 due to increased Community Improvement Plan costs* Airport ($89,746) Net Revenue under $8,700; Net Fuel sales profit of $44,000; Net labour under budget $24,400 - Sick leave; Consulting/Legal Expense under $7,700; All other net expenditures under budget $5,000 Under budget by $54,032 due to reduced full-time labour costs and increased fuel profits Planning ($13,461) Discover Tillsonburg under budget due to timing In line with approved budget *NOTE: The Community Improvement Plan program budget amount was reallocated from the Development & Communications Services budget to the Economic Development Budget in June 2015. Page 2 / 2 CAO 96 STAFF REPORT FIRE & RESCUE SERVICES Title: THIRD QUARTER 2015 DEPARTMENT RESULTS Report No.: FRS 15-11 Author: JEFF SMITH Meeting Type: COUNCIL MEETING Council Date: October 26, 2015 Attachments: NIL RECOMMENDATION THAT Council receives report FRS 15-11 Third Quarter Fire & Rescue Services Results as information. EXECUTIVE SUMMARY To provide Council with the July 1, 2015 to September 30, 2015 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2015 Business Objectives Objective Target Date Status Auto Extrication Rescue Equipment Q3 Completed Traffic Signal Priority Control System Q3 Incomplete Water Rescue Equipment (Phase 2) Q2 Quotes issued Fire Ground Power Equipment & Tools Q2 Completed MSA SCBA lease (year 10 of 10) Q2 Completed Recruit & Hire Fire Prevention Officer Q3 Cancelled Strategic Planning Process Ongoing Community Member Recruitment progressing Succession Management Plan Ongoing Officer Development and Officer Candidate Training implemented 97 Key Indicators 21 Firefighters on average attended training exercises with an average participation rate of 75%. The Average firefighter, year to date, has attended 69% of Platoon calls and 52% of All Calls. Fire Suppression Division emergency calls to end of Q3 are 9% lower than the same period last year and 4% above the three year call volume average for the same period. 2015=194 2014=216 2013=211 2012=234 2015 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 12 190 Overpressure Rupture/Explosion (No Fire) 1 7 Pre Fire Conditions/ No Fire 11 70 False Fire Calls 47 292 Carbon Monoxide False Calls 13 57 Public Hazard 16 112 Rescue 22 132 Medical/Resuscitator Call 4 9 Other Response 6 201 2015 Dollar Loss / Loss Prevention Number of Property Fire Incidents Estimated Property Value at Risk Estimated Structure Fire Loss Estimated Content Fire Loss Property Fire Loss Prevented Q1 5 $3,588,000 $200,500 $95,500 $3,292,000 Q2 4 $11,151,000 $7,000 $22,000 $11,122,000 Q3 2 $11,623,000 $0 $22,000 $11,601,000 Q4 - - - - - Year to Date 11 $26,362,000 $207,500 $117,500 $26,015,000 Year to Date Total Fire Loss (structure & contents): $346,000 98 Public Education Types 2015 3rd Quarter 2015 Year to Date 2014 3rd Quarter 2014 Year End Station Tours 0 1 2 16 Presentations 5 19 3 15 Newspaper/Media 1 12 4 20 Charity Event 0 3 1 8 FINANCIAL IMPACT/FUNDING SOURCE Fire & Rescue Service is currently $84,948 under budget, mostly due to Fire Suppression labour being under budget and Fire Communications revenue higher than estimated due to additional customer. Fire Communication operating costs are $51,361 over budget, mostly due to onetime purchases directly related to the addition of the additional customer. These costs will be recovered during the first 2.5 years of the 5 year contract with the Municipality of Kincardine. With the Fire Prevention Officer’s position not filled, the financial forecast for Fire & Rescue Services through to December 31, 2015 is approximately $60,000 under budget and Police is $1,000 under budget. 2015 Q3 Financial Summary Department (under)/over Fire & Rescue Services $(83,235) Police (4,976) Total variances (Q3) $(89,924) 99 STAFF REPORT OPERATIONS SERVICES Report Title: 2015 Third Quarter Operation Services Report Report No.: OPS 15-35 Author: Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type: REGULAR COUNCIL Council Date: OCTOBER 26, 2015 Attachments: NONE RECOMMENDATION: THAT Council receive Report OPS 15-35, 2015 Third Quarter Operations Services as information. SUMMARY To provide Council with the January 1, 2015 to September 30, 2015 Operations Services financial results. Table 1: 2015 Operations Business Plan Objective Target Project Status Subdivision Agreement revision to mitigate construction & financial issues Q1 Completed Restructure Encroachment Permit process to reduce exposure to risk Q1 In Progress Revise Construction Contract documentation to current specifications Q1 Completed Update Engineering Design Criteria to current industry standards & practices Q2 Delayed Asset Management Projects Q2/Q3  Road Condition Assessments Completed  Sewer CCTV Inspections In Progress OSIM biennially bridge & culvert inspections (O.Reg. 104/97) Q3 In Progress Traffic Count Study Q2/Q3 In Progress Swance Municipal Drain (Norwich drainage improvement initiative) Q3/Q4 Culvert installation expected early Nov Baldwin St. Storm Outlet Repair Q2/Q3 Completed Asphalt Resurfacing Program Q2/Q3 Completed Page 1 / 3 100 North Street Sidewalk – Phase B Q3/Q4 In Progress (Oxford County Rd 20) Trottier Subdivision Phase 1 Reconstruction – Stage 3 Q3/Q4 Completed Camdon Court Reconstruction Q3/Q4 Completed Third St. Reconstruction Q3/Q4 Completed Implement Road Patrol Software Q3 In Progress Update GPS/AVL winter tracking system Q2 Completed Light Duty Vehicle Replacements  Water Unit # 22 – 2001 Ford F150 Q4 Completed  Roads Unit # 23 – 2003 Ford F150 Q4 Removed during budget  Engineering Unit # 31 – 2001 Ford F150 Q4 Completed  Pool Unit # 32 – 2002 Pontiac Montana Van Q4 Delayed  By-law Unit # 36 – 2004 Chevrolet Cavalier Q4 Removed during budget Medium Duty Vehicle Replacements  Cemetery Unit # 33 – 1997 GMC 2500 Q3 Completed  Fire Unit # 37 – 2007 Ford F250 Q3 Removed during budget  Roads Unit # 40 – 2003 Ford F350 Q3 Completed  Fleet Unit # 42 – 1990 Chevrolet 3500 Q3 Delayed  Parks Unit # 43 – 2001 Ford F250 Q3 Completed  Parks Unit # 46 – 2002 Dodge 3500 Q3 Completed Heavy Duty Vehicle Replacements  Roads Unit # 62 – 2004 Peterbuilt Plow Truck Q3 In Progress (Est. Dec)  Fire Unit # 72 – 1995 Freightliner FL70 Truck Q2 In Progress (Early 2016) Off Road Equipment Replacements  Roads Unit # 100 – 2002 Leaf Loader Q3 Completed  Roads Unit # 125 – 2000 Underslung Plow Q3 In Progress (Est. Dec)  Parks Unit # 140 – 2006 Hiway Sander Q3 Completed  Hydro Unit # 143 – 1978 Toyota Forklift Q2 In Progress (Est. Nov)  Roads Unit # 155 – 2008 Portable Pump Q2 Delayed  Roads Unit # 204 – 2006 Gravely Mower Q2 Completed Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, Boulevards, etc. and the associated level of maintenance service. No additional resources have been allocated to meet the increased growth. The ability for the Town to mitigate the associated incremental costs to maintain additional infrastructure without additional resources is approaching its limits. Key Indicators 2014 2013 2012 2011 2010 Roads (Lane km) 226.1 225.5 224.5 220.1 213.7 Sidewalks (km) 87.7 87.3 86.3 83.1 79.6 Page 2 / 3 101 GOALS FOR NEXT QUARTER • Complete outstanding road reconstruction deficiencies • Complete engineering studies, assessments and inspection projects • Continue pre-winter fleet maintenance activities • Prepare, train and perform winter maintenance operations • Data gathering and surveying of future road capital projects FINANCIAL IMPACT/FUNDING SOURCE The 2015 Q3 Operations Services overall variance is summarized in Table 2. Table 2: Third Quarter Budget vs. Actual Variance Summary Department Over / (Under) Public Works (88,850) Solid Waste & Recycling 1,830 Fleet Services (58,654) Engineering Services (50,415) Enterprise Services (6,651) Total Variances (202,740) Projection of variances to December 31, 2015 is approximated in Table 3. Table 3: 2015 Annual Projection Summary Department Over / (Under) Public Works (65,000) Solid Waste & Recycling 15,000 Fleet Services 55,000 Engineering Services (40,000) Enterprise Services (10,000) Total Variances (45,000) Page 3 / 3 102 STAFF REPORT RECREATION, CULTURE & PARKS Title: Recreation, Culture and Parks 2015 Q2 Results Report No.: RCP 15-46 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee Date: OCTOBER 26, 2015 Attachments: RECOMMENDATION THAT Council receives Report RCP 15-46 - Recreation, Culture and Parks 2015 Q3 Results for information. EXECUTIVE SUMMARY This report provides Council with the January 1, 2015 to September 30, 2015 Department operational and financial results for Recreation, Culture & Parks. SUMMARY OF OPERATIONAL RESULTS 2015 Business Objectives Objective Target Date Status Undertake a comprehensive concept design process to extend the useful life and improve the functionality and amenity level of the Tillsonburg Community Centre. Q1-Q4 On Schedule Complete a Cycling Master Plan and update the Trails Master Plan. Q1-Q3 On Schedule Begin the 5-year review of the Community Parks, Recreation & Cultural Strategic Master Plan Q4 Deferred to Q4 2016 Host the Bi-annual Tillsonburg Sports Hall of Fame Ceremony Q4 Complete Implement Special Events Policy Q1-Q4 On Schedule Initiate procurement analysis and recommendation for replacement facility booking, program registration and POS software to replace CLASS 7.0 Q2-Q3 Complete Work with Oxford County museums and other partners to organize a County wide 5 year initiative to commemorate the 100th Anniversary of WW1 through hosting 100 events throughout the County between 2014 and 2018. Q 1 -4 On Schedule Increase awareness, attendance and potentially revenue by hosting a series of special events and programs to celebrate the 190th Anniversary of the founding of the Town by George Tillson in 1825 Q 1-4 On Schedule RCP 15-46 - Recreation, Culture and Park 1/3 103 Create working committee with Tourism Oxford, Oxford Creative Connections Inc. and The Woodstock Museum NHS to begin the planning process for “Wilde Oxford” an event in 2017 to celebrate the 135th Anniversary of Oscar Wilde’s visit to Oxford County Q 1-4 On Schedule Lead the consortium of groups implementing the Cultural Improvement Alliance project. Q 1 -4 On Schedule Create and implement four broad based cultural opportunities/ events (1 per quarter) for Tillsonburg residents . Q 1-4 On Schedule Update Subdivision Manual and Parkland Design Standards Manual that provides the development industry with technical guidance on the parks amenities. Q1 Drafts complete Partner with Trans Canada Trail. Oxford County, SWOX & Norwich Township, to initiate using the CASO rail line to connect Tillsonburg trails to Norfolk County. Q1-Q4 On Schedule Continue implementing revitalization plan for the Tillsonburg Cemetery and Pioneer Cemetery (6-16) 2015-16 focus: columbaria and in-ground cremation gardens. Q2 Complete Initiate preliminary stages of Town-wide Asset Management Plan for Facilities. Q3-Q4 On Schedule Complete Disc Golf facility and Kiwanis Coronation Park revitalization project. Q1-Q2 Complete Continue Annandale Diamond revitalization project including Trillium Foundation application. Q1-Q4 On Schedule Complete capital roof repairs at OPP HQ, Elliott Fairbairn & TCC. Q2-Q3 Completion Q4 RCP 15-46 - Recreation, Culture and Park 2/3 Key Indicators 2015 2014 % change Comment Museum: attendance - headcount 11,828 8,730 35%Q4 will show decrease over 2014 Programs: Rink bookings (ice) -hours 2,386 2,478 -4% Programs: Rink bookings (floor) - hours 275 185 48% Programs: Health Club attendance - headcount 20,058 18,203 10% Programs: Memberships - headcount 1,160 1,239 -6% Programs: Aquatic registrations - headcount 2,040 2,586 -21% Programs: Advanced/Leadership - headcount 142 145 -2% Programs: Adult registrations - headcount 1,689 384 340%change from registration to headcount Programs: Youth registrations - headcount 2,691 2,392 13% Programs: Waterpark attendance - headcount 25,710 27,091 -5% Programs: Tournaments (ice/pool/field)11 15 -27%3 tournaments cancelled by organizers Programs: Room rentals (non-admin)448 365 23%increase in buck & does, meetings Programs: Advertising revenue (guide,boards,fences)34,966$ 29,550 18%increased fence ads, 3rd guide Cemetery: Niche & Plot sales (count)35 45 -22% Cemetery: Interments (count)97 92 5% 104 FINANCIAL IMPACT The 2015 Q3 RCP Department variance summary is as follows: Cemetery labour is over budget with an off-set savings in the Parks division, reflecting a more accurate allocation of time spent than in previous years. Cemetery revenues are under budget year-to-date due to slower than average plot and niche sales (see Key Indicators chart above). This revenue shortfall is reflected in the year-end projection of an overall deficit at the Cemetery of approximately $61,000. School Board labour issues will negatively affect seasonal revenue for the Culture & Heritage Division. Division staff have identified alternative revenue generation activities and expenditure reductions that lead to a projected year-end deficit for the Division of approximately $6,500. The surplus in the Parks Division reflects the aforementioned labour off-set with the Cemetery Division. The year-end projection is for a surplus in this Division of approximately $23,000. The Recreation Programs Division is on track for a year-end surplus of approximately $13,000. This reflects growth in revenue in several sections, and cost controls on part-time labour. The Facilities Division is projecting a year-end deficit of approximately $24,000 due to costs from higher than expected hydro consumption during the hottest summer season seen in a long time. Current projections are for an overall Departmental year-end deficit of approximately $53,500. All Divisions of the Department continue to focus on cost control to mitigate year-end variances. COMMUNITY STRATEGIC PLAN (CSP) IMPACT None at this time. Division Budget Actual Variance (under)/over Cemetery 91,000.00 137,139.00 46,139.00 Museum 194,200.00 221,950.00 27,750.00 Parks 449,800.00 418,530.00 (31,270.00) Recreation Programs 295,900.00 222,226.00 (73,674.00) Recreation -Building Maintenance 1,405,000.00 1,396,476.00 (8,524.00) EFC (11,400.00)(22,612.00)(11,212.00) Totals 2,424,500.00 2,373,709.00 (50,791.00) RCP 15-46 - Recreation, Culture and Park 3/3 105 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Property Standards Committee Report No.: DCS 15-49 Author: GENO VANHAELEWYN – Chief Building Official Meeting Type: COUNCIL MEETING Council Date: OCTOBER 26, 2015 Attachments: - RECOMMENDATION THAT Council receives Report DCS 15-49 Property Standards Committee; AND THAT an appointment by-law be brought forward for council consideration to appoint the committee members at the next Council meeting. EXECUTIVE SUMMARY By-Law 3638, to prescribe standards for the maintenance and occupancy of property within the Town of Tillsonburg was passed by Council on August 13, 2013 and the existing Property Standards Committee members term has expired. Chapter 7 of the by-law sets out the role of the Property Standards Committee and the appeal process. Section 15 of The Building Code Act provides the authority for Property Standards and the requirements of a committee. The role of the Property Standards Committee is to hear appeals from property owners who have had a Property Standards Order issued to them in regards to violations pertaining to the Town of Tillsonburg Property Standards By-Law 3638. When an appeal is filed, the Committee will hear the appeal and has the authority to confirm, rescind, extend and modify the terms of an Order. Staff recommends that the Committee be composed of 3 members, with a chair being elected amongst them. An ad seeking members for the committee was placed in Tillsonburg News under the Tillsonburg Update for three consecutive weeks and four applications were received. Staff recommends that council appoint three new members in 1 CAO 106 accordance with the Property Standards By-law and this will also ensure that if deliberations are required a tie vote would not occur. The Chief Building Official and the Property Standards Officer will be conducting training following the appointments and there is an opportunity for training Property Standards Committee members through the Ontario Association of Property Standards Officers (OAPSO). The course content includes, Enforcement, The By-law, The Property Standards Order, The Legislation (The Building Code Act), The Committee, The Hearing itself, Appeals and Case Law. FINANCIAL IMPACT/FUNDING SOURCE Property Standard Committee members are volunteers, therefore there is no financial impact to the appointments. OAPSO Training costs will be funded from the 2015 Building Services budget. 2 CAO 107 THE COPRPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3638 A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a By- law may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions relating to property conditions; AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a By- law under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23; AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SHORT TITLE: This by-law shall be referred to as the "Property Standards By- Law". PART1 DEFINITIONS PART 2 GENERAL STANDARDS FOR ALL PROPERTY AND USES 2.01 SCOPE 2.02 YARDS 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE 2.04 GARBAGE RECEPTACLES 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS. 2.06 UNENCLOSED PORCH - BALCONY 2.07 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING 2.08 GROUND COVER- EROSION CONTROL 2.09 LOT GRADING-DRAINAGE-SUMP PUMPS 108 2.10 WALKWAYS AND DRIVEWAY 2.11 PARKING LOTS 2.12 EXTERIOR LIGHTING 2.13 RETAINING WALL 2.14 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 2.15 ACCESSORY BUILDINGS 2.16 FENCE 2.17 TOWER-GANTRIES-MASTS-ANTENNAE 2.18 SIGNS PARTS EXTERIOR PROPERTY AREAS 3.01 STRUCTURAL ADEQUACY-CAPACITY 3.02 FOUNDATION WALLS-BASEMENTS 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY 3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS 3.05 WINDOW SCREENS 3.06 CANOPIES-MARQUESS-AWNINGS 3.07 ROOF 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 3.09 CHIMNEY FLUES 3.10 GARAGE-CARPORT PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 4.02 WALLS-CEILINGS 4.03 FLOORS 4.04 STAIRS- HANDRAILS-GUARDS 4.05 ELEVATORS 4.06 MEANS OF EGRESS 4.07 FIRE PROTECTION 4.08 SEPARATIONS 4.09 HEATING-AIR CONDITIONING 4.10 VENTILATION 4.11 ELECTRICAL 4.12 LIGHTING 4.13 PLUMBING 4.14 WATER SUPPLY 4.15 SEW AGE SYSTEM 4.16 VERMIN CONTROL 109 PARTS ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 5.02 TOILET AND BATHROOM FACILITIES PARTS VACANT-DAMAGED-DEMOLITION 6.01 VACANT LAND 6.02 VACANT PROPERTIES 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 6.04 DEMOLISH BUILDING PART? ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 7.02 MEASUREMENT 7.03 PROPERTY STANDARDS COMMITTEE 7.04 PROPERTY STANDARDS OFFICER - DUTIES 7.05 RECOVERY OF COSTS RELATIVE TO ORDER 7.06 APPEAL TO PROPERTY STANDARDS COMMITTEE 7.07 DECISION ON APPEAL PARTS EMERGENCY POWERS 8.01 EMERGENCY ORDERS 8.02 SERVICE 8.03 EMERGENCY POWERS 8.04 SERVICE OF STATEMENT 8.05 APPLICATION TO COURT 8.06 POWERS OF JUDGE 8.07 ORDER FINAL 8.08 MUNICIPAL LIEN PART 9 OFFENCES 9.01 FINES 110 PART 10 REPEAL AND EFFECTIVE DATE 10.01 REPEAL AND EFFECTIVE DATE PART 11 SCHEDULES 11.01 SCHEDULES PART1 DEFINITIONS 1.01 In this By-law: 1) "Accessory"- when used to describe a use, building or structure means a use, a building or a structure that is customarily incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. 2) "Act" -means an enactment or statute of the Province of Ontario. 3) "Approved"- means acceptance by the Property Standards Officer or designate. 4) "Basement" - shall mean that portion of a building between two floor levels, which is partly underground and which has at least one-half its height from finished floor to the underside of the first floor joists above the average finished grade level adjacent to the exterior walls of the building: 5) "Bathroom"- means a room containing a bath tub or shower, with or without a water closet and hand basin. 6) "Boarder"- means a person who is provided with meals, or room and meals, regularly in a boarding, lodging or rooming house in return for compensation. 7) "Building" - means any structure used or intended to be used for supporting or sheltering any use or occupancy 8) "Building Code" - means the Building Code Act and any regulations made under that Act; 9) "Clerk"- means the person duly appointed as Clerk for The Corporation of the Town of Tillsonburg 10) "Chief Fire Official" - means the person duly appointed as Chief Fire Official for The Corporation of the Town of Tillsonburg 11) "Cellar"- means that portion of a building between two floor levels which is partly or wholly underground and which has more than one half of its height, from finished floor to finished ceiling, below adjacent finished grade. 12) "Chief Building Official" - means the Chief Building Official appointed under Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement thereof. 13) 4lCode" - means a regulation of the Province of Ontario known, a) with respect to matters relating to building, as the Building Code; b') with respect to matters relating to electricity, as the Electrical Safety Code; 4 111 c) with respect to matters relating to fire, as the Fire Code; and d) with respect to matters relating to plumbing, as the Plumbing Code, 14) "Committee" - means the Town of Tillsonburg Property Standards Committee established under this By-law. 15) "Corporation" - means the Corporation of the Town of Tillsonburg 16) "Council11 - shall mean the Council of the Corporation of the Town of Tillsonburg. 17) "County" - means the Corporation of the County of Oxford 18) "Dwelling" - means a building or part thereof, used or designed to be used as a residence and containing one or more dwelling units 19) "Dwelling unit" - means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate s single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building ot through a common hallway. 20) "Exterior property area" - means the building lot excluding buildings? 21) "Fence" -means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen. 22) "First Storey" - means the storey with its floor closest to grade and having its ceiling more thanl .8 m (6ft) above grade. 23) "Ground cover" - means organic or non-organic material applied to prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. 24) "Guard" - means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them. 25) "Habitable room" - means any room in a dwelling or dwelling unit used or intended to be used for living, eating, sleeping, or cooking and without limiting the foregoing shall include den, library , sunroom or recreational room or any combination thereof 26) "Public Health Inspector" - means the Public Health Inspector for the County of Oxford 27) "Inoperable Motor Vehicle" - means a motor vehicle which is without a current licence plate and current insurance, and has its fenders, hood, trunk, roof, wheels, or any part of its superstructure removed, or a motor vehicle which is in a dilapidated condition. 28) "Multiple Unit Dwelling"- means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple attached dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling.29) "Municipality"- means the Corporation of the Town of Tillsonburg 112 30) "Non-habitable room" - means any room or space in a dwelling unit, other than a habitable room and includes a washroom, bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, cellar, boiler room, garage, or space for service and maintenance of any building for public use and for access to and vertical travel between storeys. 31) "Non-Residential Property" - means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein. 32) "Occupant" - means any person or persons over the age of eighteen years in possession of the property. 33) "Officer" - means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this by-law including but not limited to a Building Inspector and a Chief Building Official. 34) "Owner" - includes the owner in trust, a mortgagee in possession, the person for the time being, managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account, or as agent or trustee of any other person, or who would receive the rent if the land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; 35) "Person" ~~ means and includes any person, firm, partnership, corporation, company, association, or organization of any kind. 36) "Portable Storage Container- means any on~site container described as a steel portable container, dry van container, warehouse storage unit, semi- tractor cargo container, cargo trailer or any other similarly described unit used for storage, 37) "Property" - means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property. 38) "Protective Device"- means any mechanical device designed for the purpose of inhibiting movement by latching or automatic engagement or in any other reasonable manner. 39) "Repair" - includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. 40) "Residential Property" - means any property that is used or is capable of being used as a dwelling or multiple thereof and includes any land or buildings that are appurtenant to such establishment including but not necessarily limited to all steps, walks, driveways, parking spaces, fences and yards. 41) "Retaining Wall" - means a structure that holds back soil or other loose material to prevent it assuming the natural angle of repose at locations where an abrupt change in ground elevation occurs. 42) "Safe condition"- means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property, and includes a structurally sound condition. 113 43) "Sanitary Sewage" - means liquid or water borne waste; (i) of industrial or commercial origin, or (ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste. 44) "Sanitary Sewer- means a sewer for the collection and transmission of sanitary sewage and industrial wastes and to which storm, surface and ground waters are not intentionally admitted.45) "Sewage" - shall include drainage, storm water, industrial wastes and sanitary sewage. 46) "Sewage system" - means the Town of Tillsonburg/County of Oxfordsystem of storm sewers, sanitary sewers and combined sewers. Also a private sewage disposal system approved by the County of Oxford Board of Health. 47) "Sign" - means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. 48) "Standards" - means the standards of physical condition and of occupancy prescribed for property by this by-law. 49) "Storm Sewer" - means a sewer which carries storm water and surface water, street wash and other wash water or drainage, but excludes sanitarysewage. 50) "Toliet Room"- means a room containing a water closet and/or a wash basin. 51) "Town" - means the Corporation of the Town of Tillsonburg, 52) "Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. 53) "Vermin11 ~~ shall include rats, mice, and all other such obnoxious animals. 54) "Visual barrier" - shall mean a continuous, uninterrupted structure, which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material. 55) "Waste"- means any debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or weather. 56) "Yard" means the land within the boundary lines of the lot and not occupied by the principal building. PART 2 GENERAL STANDARDS 2.01 SCOPE 114 1. No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this By-law. 2. The owner of any property which does not conform to the standards in this By- law shall repair and maintain the property to conform to the standards or shall clear the property of all buildings, structures, garbage, rubbish, waste or accumulations of such materials that prevent access to or exit from the property in the case of emergency, or other safety or health hazard and shall leave the property in a graded and leveled condition. 3. All repairs and maintenance of property shall be carried out with suitable andsufficient materials and in a manner accepted as good workmanship within the trades concerned. 4. All new construction or extensive repairs shall conform to the Ontario Building Code, where applicable. 5. This by-law does not apply so as to prevent a farm, meeting the definition of "agricultural operation" under the Farming and Food Production Protection Act, 19985, S.O. 1998, c. 1, from carrying out a normal farm practice as provided forand defined under that Act. 2.02 YARDS Shall be kept clean and free of litter, rubbish, waste, salvage, refuse, debris and objects or conditions that might create fire, accident or health hazards. 1. Every property shall be kept free from garbage, rubbish, waste or accumulations of such materials that prevent access to or exit from the property. 2. Without restricting the generality of this Section, such maintenance includes the removal of:a) rubbish, garbage, waste, litter and waste; b) injurious insects, termites, rodents, vermin and other pests; and any condition which may promote an infestation. c) wrecked, dismantled, inoperative, discarded or unlicensed vehicles, trailers, machinery or parts thereof, except in an establishment licensed or authorized to conduct a salvage, wrecking or repair business and then only if such establishment conforms with any relevant By-laws or statutes; and d) dilapidated or collapsed buildings, structures or erections, and the filling in or protecting of any unprotected well. 3. The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the propertyshall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unconstructive 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE 115 1. No machinery or parts thereof, or other object, or material not associated with the normal occupancy and use of a property, including among other things, appliances, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry material or glass, other than that intended for immediate use on the property, shall be stored or allowed to remain in an exterior property area. 2.04 GARBAGE RECEPTACLES 1. Every building shall be provided with sufficient proper receptacles to contain all garbage, ashes or waste, which accumulates on the property and such materials, shall be placed for collection in proper receptacles in compliance with applicable laws and not allowed to accumulate for longer than fourteen (14) days. 2. Receptacles for garbage shall be: a) made of watertight construction, b) provided with a tight fitting cover, c) maintained in good condition without holes or spillage; and d) closed or emptied, rinsed and cleaned when not in use, to prevent the escape of offensive odour or waste. 3. Plastic bags shall be considered acceptable receptacles under subsection 2.04.2 when: a) adequately secured so as to prevent spillage; b) not stored outdoors unless protected from access by animals or vermin; and c) otherwise are maintained in compliance with 2.04.1 4. Paper receptacles are not acceptable under this Section, except only where they are placed inside other compliant receptacles or are placed out for collection in compliance with applicable collection By-laws. 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS 1. Garbage chutes, disposal and collection rooms, containers and receptacles shall be maintained good repair, kept clean and free of offensive odours. 2.06 UNENCLOSED PORCH - BALCONY 1. Every unenclosed porch or unenclosed balcony, and every exterior and common area shall be kept free of garbage, waste, or appliances. 2.07 GRASS-TREES- BUSHES-HEDGES-GROUND COVER-LANDSCAPING 1. Ground cover, hedges, trees, landscaping and grass, and site facilities required as a condition of site development or redevelopment shall be maintained in living condition and in a good state of repair, 2.08 GROUND COVER- EROSION CONTROL 116 1. Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. 2.09 LOT GRADING-DRAINAGE-SUMP PUMPS 1. All yards shall be provided and maintained with adequate surface water drainage, without causing erosion, so as to prevent the entrance of water into a basement or crawlspace. 2. Downpipes, sump pump, discharge lines and grading shall be designed, provided and maintained so as to discharge water runoff away from the building and to prevent flooding, erosion and other nuisance to neighbouring properties. 3. Storm water run-off from any downspout or any surface shall not be drained onto neighbouring properties, unless designed. 4. Every property shall be graded and maintained to prevent ponding or the entry of storm water into a basement or cellar. 5. Natural drainage, drainage swales, ditches or watercourses shall be maintained to facilitate the natural flow of water and prevent ponding. 6. No person shall connect or permit any connection of any weeping tile, foundation drain, roof drain, or land drain into any sanitary sewer, or combined sewer, and no person shall discharge, or permit to be discharged into any such sanitary sewer, or combined sewer, any foundation, roof or surface water or drainage. 7. No storm water or roof water shall be discharged onto a sidewalk, walkway, steps, porch or other pedestrian access to a property which may be hazardous or create a risk of accident. 8. No fill shall be allowed to remain in an unleveled state on any property for longer than fourteen (14) days, unless the property is: a) a construction site for which a building permit is in effect; 9. No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any property for longer than thirty (30) days unless the property is: a) a construction site for which a building permit is in effect; b) a property being subdivided under subdivision agreement with the Town of Tillsonburg c) property being actively farmed. 2.10 WALKWAYS AND DRIVEWAY 1. There shall be a walk leading from the principal entrance of every building to the street. Such walks may lead to a driveway or hard surfaced area provided such area leads to a street. The surfaces of steps, walks, driveways, parking spaces and similar areas of the yard shall be maintained so as to afford safe passage under normal use. 2.11 PARKING LOTS 1. Parking lots, driveways and other similar public access areas of a yard shall be maintained so as to afford safe passage under normal use. 10 117 2. Parking lots, driveways and other similar public access areas of a yard shall be kept clean and free of litter, rubbish, waste, salvage, refuse, debris and objects or conditions that might create a, fire, accident or health hazard. 2.12 EXTERIOR LIGHTING 1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order. 2. All underground parking areas and common areas shall be illuminated so as to provide safe passage. 3. Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in good repair. 4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from the adjacent lots. 2.13 RETAINING WALL 1. All retaining walls, screen walls and ornamental walls shall be constructed of durable material and shall be maintained in a structurally sound condition. Such maintenance includes: a) redesigning, repairing or replacing of all deteriorated,damaged, misaligned or missing portions of the wall and any railings or guards appurtenant thereto; b) installing subsoil drains where required to maintain the stability of the wall; c) grouting masonry cracks; and/or d) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather- resistant material. 2.14 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 1. Every property shall be kept free of all unused excavations, empty in-ground pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any property, and may constitute a health or safety hazard or exceed a depth of 60 cm (24 inches), a fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.2 metres (3.9 feet) above the grade level at the perimeter of each of them. As per the requirement of the fence by-law. 2.15 ACCESSORY BUILDINGS 118 1. The foundations, walls, roofs and all parts of accessory buildings and other structures appurtenant to the main building shall be: a) constructed with suitable materials; b) maintained in good repair; c) protected from deterioration by the application of paint or other suitable protective material. d) All accessory buildings and structures shall be capable of sustaining the loads that may be applied thereto as a result of use in accordance with the requirements of the Ontario Building Code. e) All accessory buildings and structures shall be maintained in a structurally sound condition, free from health, fire and safety hazards. f) Storage sheds and other accessory buildings shall be securely anchored to the ground and kept free of rodents, vermin, and injurious insects. g) Portable storage containers may only be temporarily used in residentially zoned areas for up to thirty (30) consecutive days for the purpose of storing items, being moved from and to a dwelling. The storage container may not be placed on any public street for that purpose. 2.16 FENCE 1. A fence erected on a property shall be maintained in a safe and structurally sound condition so as to be capable of sustaining safely its own weight together with any load to which it might reasonably be subject to a) shall be free of dangerous objects b) reasonably plumb, unless specifically designed to be other than vertical. 2. The owner of any property used for multiple-dwelling, commercial, institutional, or industrial purposes shall maintain a visual barrier where such property is used for the parking, access, and exiting of vehicles by tenants, employees, or customers or when used for the operation of equipment or when used for the storage of goods, or when used for any other purpose which may detract from the quiet enjoyment and good appearance of an abutting residential property. 2,17 TOWER-GANTRIES-MASTS-ANTENNAE 1. Towers, gantries, masts, antennae and structures of similar character and any attachment thereto shall be maintained: a) reasonably plumb, unless specifically designed to be other than vertical; b) in good repair and; c) in a safe and structurally sound condition. 2.18 SIGNS 1. A sign and any structure connected therewith shall be installed and maintained: a) in good repair without any visible deterioration b) in a safe and structurally sound condition; and c) in a reasonably vertical plane unless otherwise approved by the Town of Tillsonburg. 12 119 2, Any unused or discarded sign(s) shall be removed from the property. PART 3 EXTERIOR OF BUILDINGS AND STRUCTURES 3.01 STRUCTURAL ADEQUACY-CAPACITY 1. All repairs and maintenance of property required by the standards prescribed in this By-law shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose. 2. Every part of a property shall be maintained in good repair and in a structurally sound condition so as: a) to be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected; b) to be capable of safely accommodating all normal structural movements without damage, decay or deterioration; c) to prevent the entry of moisture that would contribute to damage, decay or deterioration; and d) to be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. 3.02 FOUNDATION WALLS-BASEMENTS 1. All foundation walls and the basement, cellar or crawl space floors shall be maintained in good repair and structurally sound. 2. Every basement, cellar and crawl space in a property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY All exterior walls and surfaces of every building or structure shall be sound, plumb, and weathertight, free from loose or unsecured objects and maintained in good repair. 1. Exterior walls shall be in good repair free from cracked or broken masonry units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose stucco, loose or unsecured objects 2. Shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weathertight finishing, or the installation of termite shields, if required. 13 120 3. All exterior surfaces that have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 4. Every part of a building including the exterior shall be maintained in a structurally sound condition and so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS 1. Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic access doors including storm and screen doors and storm windows shall be maintained in good working order, good repair, in a safe condition and shall be of such construction so as to prevent the entrance of wind, snow or rain into the building and to minimize heat loss through infiltration. 2. At least one entrance door in every dwelling unit shall have hardware so as to be capable of being locked from inside and outside the dwelling unit. 3. All windows capable of being opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured from inside the building. 4. In every multi-residential dwelling where a security locking and release system has been provided in the front or rear lobby for the entrance into the multiple dwelling and that system is controlled from each dwelling unit, such system shall be maintained in good repair and in operating condition. 5. Where a window is above the second storey and the window is lower than 1000mm (39") from the floor, the maximum the window can open is 100mm (4") and where a door or sliding door is not serving a balcony or landing, it shall be protected by a guard conforming to the Ontario Building Code. 6. All windows capable of being opened shall be equipped with a screen to prevent the passage of insects and the screen shall be maintained in a good condition. 3.05 WINDOW SCREENS 1. When an exterior opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure, it shall be protected with: a) mesh screening, metal grills, or other equivalent durable rust proof material; or b) other protection so as to effectively prevent the entry of rodents, large insects or vermin. 3.06 CANOPIES-MARQUEES-AWNINGS 14 121 1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust. 3.07 ROOF 1. Every roof and all of its components shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of this Section, such maintenance includes: a) removal of loose, unsecured or rusted objects or materials; b) removal of dangerous accumulations of snow or ice; c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water into the building; and d) Keep all roof-related structures plumb unless specifically designed to be other than vertical. 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior ducts shall be properly secured free from loose or unsecured objects, free from obstructions and health hazards, weather-tight, free of holes and maintained in good repair. 2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be kept free from rust by application of a suitable protective material such as paint, and shall be renewed when necessary. 3. Roof drainage shall be discharged onto the ground at least 1 metre (39 inches) from the building or structure, when it is physically possible to do so, providing that it does not adversely affect adjacent properties, or cause erosion. 3.09 CHIMNEY FLUES 1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be constructed, installed and maintained as per the applicable codes and or standards. 2. Any fuel burning heating equipment used in a building shall be properly vented to the exterior by means of an approved smoke pipe, vent pipe or chimney. 3.10 GARAGE-CARPORT 1. The construction between an attached or built-in garage or carport and a dwelling unit shall provide an effective barrier to gas and exhaust fumes. 2. Garages and carports shall be maintained in good repair and free from hazards. 15 122 PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 1. In every building, all structural components including but not limited to all joists, beams, studding, and roof rafters, shall be of sound material and adequate for the load to which they are subjected. 2. The foundation walls and the basement, cellar or crawl space floors shall be maintained in good repair and structurally sound. Every basement, cellar and crawl space in a property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 4.02 WALLS-CEILINGS 1. Every wall and ceiling shall be maintained in good repair, free of conditions which may create a health, fire or safety hazard. 2. Where sound transmission ratings are required in accordance with the provisions of the Ontario Building Code, they shall be maintained in good repair. 3. Where non-combustible construction, fire separations, firewalls, fire resistance ratings and other fire protection measures are required in accordance with the provisions of the Ontario Building Code, or in accordance with the Ontario Fire Code, they shall be maintained in good repair. 4. In any bathroom the walls above a bathtub equipped with a shower or a shower stall shall be maintained as to be water resistant. 4.03 FLOORS 1. Every floor shall be smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards that may create an unsafe condition or surface. Such defective floors shall be repaired or replaced. 2. Where a floor covering has become worn or torn so that it retains dirt or may create an unsafe condition, the floor covering shall be repaired or replaced. 3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of water-resistant material and be capable of being cleaned. 4. Every cellar and basement shall have a floor of concrete or other material acceptable under the provisions of the Ontario Building Code, to ensure water drainage and to guard against the entry of vermin. 4.04 STAIRS- HANDRAILS-GUARDS 16 123 1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony together with any guard, balustrade, railing, screen or other appurtenance attached thereto shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of Section 4.04, such maintenance includes: a) Repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose, depressed, protruding or otherwise defective b) Repairing, replacing or supporting structural members that are decayed, damaged, weakened, loose or missing; and c) Providing, repairing or replacing balustrades, guards and railings. 3. A guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of a vacant or unoccupied building are exempt from the provisions of 4.04 if section 6.03 has been complied with. 4.05 ELEVATORS 1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilation fans shall be maintained in good repair and operational. a) All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and other elevating devices shall be installed and maintained in good working order and good repair; and in a safe condition. b) In accordance with the requirements of the Elevating Devices Act, as amended from time to time, and any regulations made there under. 4.06 MEANS OF EGRESS 1. Every building, structure or dwelling unit shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level as per the Ontario Building Code and Ontario Fire Code. 2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept free of ice and snow. 3. A required means of egress shall not pass through an attached or built-in garage or an enclosed part of another dwelling unit. 4. In every multi-residential dwelling where a security locking-and-release system has been provided in the front or rear lobby for the entrance into the multiple 17 124 dwelling and that system is controlled from each dwelling unit, such system shall be maintained in good repair and in an operating condition. 5. All means of egress within a non-residential property shall be: a) maintained free from all obstructions or impediments; b) provided with clear, unobstructed and readily visible exit signs, for every required exit; and c) provided with lighting facilities capable of illuminating the means of egress to ensure the safe passage of persons exiting the building. 4.07 FIRE PROTECTION Fire protection for all buildings shall be provided in conformity with the provisions of the Ontario Building Code and Ontario Fire Code. Without limiting the generality of the foregoing, fire protection shall include non- combustible construction, flame spread ratings, fire resistance ratings, fire protection ratings, permitted openings, firewalls, fire separations, fire dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke detectors, smoke alarms, and fire fighting access to and within buildings. 1. All buildings of residential occupancy, smoke alarms shall be provided and installed by the owner. Smoke alarms shall be installed on or at the ceiling level of each floor and on the ceiling in the basement and in a location where the alarm is audible within the bedrooms when the doors are closed. 2. All fire protection construction, components thereof, appliances and equipment shall be maintained in good repair and in good operating condition. 4.08 SEPARATIONS 1. Every dwelling unit shall be maintained and protected so as to prevent the passage of noxious fumes and gases from a part of the building that is not used for human habitation into other parts of the dwelling unit. 4.09 HEATING- AIR CONDITIONING 1. Every residential dwelling shall have heating equipment capable of maintaining a temperature of 21°Celsius (70 °Fahrenheit). 2. The heating system and hot water system required and other mechanical systems shall be provided, maintained and operated; a) In accordance with the respective requirements of any applicable Code or By-law. b) In good working order and good repair and in a safe condition. 3. No residential dwelling unit shall be equipped with portable heating equipment as the primary source of heat. 4. Wood stoves within a dwelling and any other property shall be maintained in 18 125 accordance to Canadian Standards Association's standard -B 365-M. 5. All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 6. All air conditioners and air conditioning systems shall be maintained in good repair, free of conditions which may constitute a health, fire or safety hazard. 4.10 VENTILATION 1 .Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and maintained in all rooms and spaces within a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon monoxide, vapours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 2. Ventilation systems shall be cleaned regularly and installed, used and maintained: a) in conformance with the requirements of the Building and Fire Codes; b) in good working condition and good repair; and c) in a safe condition 3. When an exterior opening is used or required for ventilation and is not required to be protected by a door, window or similar closure, it shall be protected with screens in accordance with this By-law. 4. An opening for natural ventilation may be omitted from a bathroom or toilet room where a system of mechanical ventilation has been provided. 5. Every basement, cellar, unheated crawl space and attic shall be vented and such vents shall be designed and maintained to prevent entry of snow, rain, rodents and insects. 4.11 ELECTRICAL 1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system, An adequate supply of electrical power shall be available in all occupied parts of every dwelling, suite and building. 2. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers and other appurtenances thereto shall be installed and maintained in good working order, and in conformity with the regulations of electrical safety Authority designated under the Electricity Act. 3. Extension cords are not permitted on a permanent basis. 4.12 LIGHTING 19 126 1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen, hall, cellar, basement, laundry, furnace room and non-habitable work room in a suite, dwelling unit or building shall have a permanently installed lighting fixture that shall be maintained in a safe condition and in good working order. 2. All lighting, including exit lighting and emergency lighting shall conform to the provisions of the Ontario Building Code and shall be maintained in good working order. 3. Lighting shall be installed throughout every property to provide adequate illumination for the use of each space so as to provide safe passage. 4.13 PLUMBING 1. All plumbing systems drain pipes, water pipes and plumbing fixtures in every building and every connecting line to the sewage system shall be maintained in good working order and free from leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. 2. Plumbing systems on a property shall be provided, installed and maintained: a) in compliance with the respective requirements of any applicable Code, Act or By-law; b) in good working order and good repair; and c) in a safe condition, 3. All plumbing fixtures shall be connected to discharge to the municipal sewer system or to an approved private sanitary system through water sealed traps. 4.14 WATER SUPPLY 1. Every property, the use or occupancy of which requires a water supply, shall be provided with an adequate supply of potable water from a public or private water supply, approved by the local authority designated under the Clean Water Act 2006, SO 2006 c22. 2. Where an approved public or community water supply is available, every dwelling unit shall be connected thereto. 3. Where a piped water supply is available, piping for hot and cold water shall be connected to every kitchen sink, lavatory, bathtub, shower, slop sink and laundry area and piping for cold water shall be run to every water closet and hose bib. 4. Every water heater installed for the purpose of supplying hot running water to the occupants of a property shall be capable of heating water to a minimum temperature of +49C (120 F). 20 127 5. Replacement hot water heaters shall have a thermostatic mixing value limiting water temperature to a maximum of +49C (120 F). As per the Ontario Building Code. 4.15 SEWAGE SYSTEM 1. Sanitary sewage from any building shall be discharged into the municipal sanitary sewage system, or into a private sewage system approved under Part 8 of the Ontario Building Code, and not otherwise. 2. The land in the vicinity of a private sewage system shall be maintained in a condition that will not cause damage to, or impair the functioning of the sewage system. 4.16 VERMIN CONTROL 1. Every property shall be maintained so as to be free from vermin and conditions that may promote an infestation at all times. 2. Openings in buildings, cellars, soffits, facia, and crawl space shall be protected to prevent the entrance of wildlife, rodents, vermin, insects and pests. PARTS ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 1. A non-habitable room shall not be used as a habitable room. 2. No kitchen shall be used as a bedroom. 3. The minimum dimension of any habitable room shall be 2 metres (6.5 feet). 4. Height and size of rooms or spaces for the purpose of calculation shall comply with the regulations of the Ontario Building Code. 5. No basement or portion thereof shall be used as a dwelling unit, unless it meets the following requirements: a) access to each habitable room shall be gained without passage through a furnace room, boiler room or storage room; b) each habitable room shall comply with all the requirements for ingress, egress, c) light, ventilation and ceiling height set out in this By-law; d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water. 5.02 TOILET AND BATHROOM FACILITIES 21 128 1. Every dwelling unit shall contain plumbing fixtures in good repair and in an operative condition, consisting of a minimum of one toilet, one sink, and one bathtub or shower. 2. All bathrooms and toilet rooms shall be located within and accessible from within the dwelling unit. 3. All bathrooms and toilet rooms shall be fully enclosed and maintained so as to provide privacy for the occupant. 4. No toilet or urinal shall be located within a bedroom or a room that is used for the preparation, cooking, storing or consumption of food. PART 6 VACANT- DAMAGED-DEMOLITION 6.01 VACANT LAND 1. Vacant land shall be maintained to the standards as described in Part 2, of this By-law. 2. Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. 6.02 VACANT PROPERTIES 1. The owner of any vacant or unoccupied building shall protect such building against the risk of fire, accident, damage or other danger thereto or to adjoining premises by effectively preventing the entry thereto by all unauthorized persons. 2. Without restricting the generality of Section 7.02 (1) protection may include the boarding up of all openings to the building with: a) tight fitting plywood; b) rigid, composite panels; or c) sheathing boards. 3. All materials used for boarding up vacant or unoccupied buildings shall be covered and maintained with a preservative which is similar in colour to the exterior finish of the building and reasonably compatible in design with adjoining decorative finishing material. All such boarding shall be installed within the reveal of the exterior cladding and securely fastened to every doorway, window or wall opening that constitutes a means of access or hazard. 4. Where a building remains vacant or unoccupied for a period of more than ninety days, the owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise 22 129 secured to prevent risk of fire, accident, damage or other danger to the property or adjoining premises. 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 1. A building or portion thereof, damaged by fire or other causes, shall be restored to its original condition and repaired as may otherwise be required by this by-law or the building shall be demolished or the damaged portion removed. 2. Without restricting the generality of Section 6.04.1 such repairs shall include: a) Abating any unsafe condition; and b) Refinishing so as to be in harmony with adjoining undamaged surfaces. 3. Where a building, accessory building, fence or other structure is demolished, the property shall be cleared of all rubbish, waste, refuse, masonry, lumber, wood, and other materials and left in a graded and leveled condition. 6.04 DEMOLISH BUILDING 1. Where a building, accessory building, fence or other structure is being demolished, every precaution shall be taken to protect the adjoining property and members of the public. The precautions to be taken include the erection of fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining property and members of the public. 2. The owner of any building or part thereof being demolished shall leave any remaining wall or walls (including any former party wall or walls, whether separately or jointly owned) structurally sound, weather tight, in a safe condition and in conformity with the standards in the Ontario Building Code. PART? ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 1. This By-law shall apply to all property within the limits of the Town. 7.02 MEASUREMENT 1. The imperial measurements contained in this By-law are given for reference only. 7,03 PROPERTY STANDARDS COMMITTEE 23 130 1. A Property Standards Committee shall be established which shall be composed of three (3) persons appointed from time to time by the council, each of who shall be resident ratepayers of the Town of Tillsonburg. 2. Each member of the Committee shall hold office for a term of three (3) years, provided that the first appointments shall be for one, two and three years respectively so that the one members term shall expire annually. 3. When a vacancy occurs in the membership of the Committee, the council shall forthwith fill the vacancy. 4. The members of the Committee shall elect one of themselves as chairman, and when the chairman is absent, the Committee may appoint another member as acting chairman. Any member of the Committee may administer oaths. 5. The members of the Committee shall be paid such compensation as the council may provide, which shall be recorded by resolution of the council. 6. Secretarial services for the committee shall be provided through the offices of the Town Clerk. 7. The secretary shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and sections 253 and 254 of the Municipal Act, 2001 applies with necessary modifications to such documents. 8. A majority of the Committee constitutes a quorum and the Committee may adopt its own rules of procedure but before hearing an appeal shall give notice or direct that notice be given of such hearing to such persons as the committee considers should receive such notice. 7.04 PROPERTY STANDARDS OFFICER- DUTIES 1. Duties It shall be the duty of every Property Standards Officer to administer and enforce the provisions of this by-law and in the performance of such duty, he/she shall have all the powers and responsibilities set forth in the Ontario Building Code Act and the Regulations made pursuant to the said Act. 2. Right of Entry Subject to paragraph 3 while this by-law is in effect, an Officer and any person acting under his/her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property. 3. Entry into Dwelling Except under the authority of a search warrant issued under Section 158 of the Provincial Offences Act, an officer or any person acting under his instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that 24 131 the right of entry may be refused and entry made only under the authority of a search warrant. 4. Orders An officer who finds that a property does not conform to any of the standards prescribed in this by-law may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. 5. Service and Posting of Order The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 6. Registration of Order The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 7.04(5) and, when the requirements of the order have been satisfied, the clerk of the Town shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 7.05 RECOVERY OF COSTS RELATIVE TO ORDER Where an owner or Occupant fails to comply with an Order issued under this by- law within the time stipulated in the Order the Corporation costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Corporation by the Property owner including disbursements and the set fees for Officer's services as per Schedule 'A5. 7.06 APPEAL TO PROPERTY STANDARDS COMMITTEE When the owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of the order, he/she may appeal to the Property Standards Committee by sending notice of appeal, stating the owner's reasons for the appeal, by registered mail to the secretary of the committee within fourteen days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. The Secretary of the Committee shall, upon receipt of the notice of appeal, fix 25 132 an appointment for hearing thereof and within seven days of receipt of the notice of appeal give notice in writing of the appointment for hearing at least fourteen days prior to the date fixed therefore to the appellant and to the Officer who issued the order. An owner who appeals an Order shall pay to the clerk of the Corporation the fee for the appeal as set out in Schedule 'A' at the time the appeal is filed. 7.07 DECISION ON APPEAL Where an appeal has been taken, the Committee shall hear the appeal within twenty-one days of the date of notice of the appeal and shall have all the powers and functions of the officer and may confirm the order to demolish or repair or may modify or quash it or may extend the time for complying with the order provided that, in the opinion of the Committee, the general intent and purpose of the by-law and of the official plan are maintained. The Secretary of the Committee shall give a copy of its written decision to the appellant and the Officer who issued the order. 1. Appeal to Court The municipality in which the property is situate or any owner or occupant or person affected by a decision under section 7.07 may appeal to a judge of the Superior Court of Justice by notifying the clerk of the Corporation in writing and by applying to the Ontario Court for an appointment within 14 days after the sending of a copy of the decision. An owner who appeals to a judge of the Superior Court of Justice shall pay to the clerk of the Corporation the fee for the appeal as set out in Schedule 'A' at the time the appeal is filed. 2. Appointment A judge of the Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. 3. Judges Power On the appeal, the judge has the same powers and functions as the committee. 4. Effect of Decision The order, as deemed to have been confirmed, or as confirmed or modified by the Committee under paragraph 7.06 or in the event of an appeal to the judge under section 7.07(1), as confirmed or modified by the judge, shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified within the order. 5. Certificate of Compliance Following the inspection of a property, the Officer may, or on the request of the owner shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this by-law. 26 133 The fee payable for a certificate of compliance issued at the request of the owner shall be as set out in Schedule 'A' to this by-law. 6. Municipal Lein The fees and charges payable to the corporation pursuant to sections 7.04(4), 7.05, 7.06 and 7.07(6) of this By-law shall be a lien on the Property and shall be deemed to be municipal real property taxes and may be added by the clerk to the collector's roll and be collected in the same manner and with the same priorities as municipal real property taxes. PART 8 - EMERGENCY POWERS 8.01 EMERGENCY ORDERS If, upon inspection of a building, an officer is satisfied that a building poses an immediate danger to the health or safety of any person, the Chief Building Official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.02 SERVICE The order shall be served on the owner of the property and each person apparently in possession of the building and such other persons affected thereby as the Chief Building Official determines and a copy shall be posted on the building. 8.03 EMERGENCY POWERS 1. After making an order under section 8.01, the Chief Building Official may, either before or after the order is served, take any measures necessary to terminate the danger, and, for this purpose, the Chief Building Official, an officer and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 2. The officer, the municipality or anyone acting on behalf of the municipality is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Chief Building Official or an officer in the reasonable exercise of his or her powers under section 8.03. If the order was not served before measures were taken to terminate the danger, the officer shall serve copies of the order in accordance with section 8.02 as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by theofficer describing the measures taken by the municipality and providing details of the amount expended in taking the measures. 27 134 8.04 SERVICE OF STATEMENT If the order was served before the measures were taken, the officer shall serve a copy of the statement mentioned in section 8.02 in accordance with section 8.02 as soon as practicable after the measures have been taken. 8.05 APPLICATION TO COURT As soon as practicable after the requirements of sections 8.02 and 8.04 have been complied with, the Chief Building Official shall apply to a judge of the Ontario Court (General Division) for an order confirming the order made under section 8.01 and the judge shall hold a hearing for that purpose. 8.06 POWERS OF JUDGE The judge in disposing of an application under section 8.05 shall, (a) confirm, modify or rescind the order; and (b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all. 8.07 ORDER FINAL The disposition under section 8.06 is final. 8.10 MUNICIPAL LIEN The amount determined by the judge to be recoverable shall be a lien on the land and shall be deemed to be municipal real property taxes and may be added by the clerk to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. PART 9 - OFFENCES 9.01 FINES Any person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $100,000, for a first offence and $200,000, for a subsequent offence. PART 10 - REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE 28 135 1. Town of Tillsonburg By-Laws 2705 and 2806 are hereby repealed. 2. This by-law comes into force on the date of passing. PART 11 -SCHEDULES 13.01 SCHEDULES The attached Schedule "A" form part of this By-law. READ A FIRST TIME AND SECOND TIME THIS 9th day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED this 13th day of August, 2012. Clerk - Donna Wilson 29 136 SCHEDULE 'A' - FEES - TO BY-LAW 3638 Fee Schedule for Issuance of Certificate of Compliance Category Cost - Residential $ 100.00 per unit. - Commercial $ 100.00 per unit. - industrial/Institutional $25.00 per 92.9 sq. metres (1000 sq.ft.) of building area - $200 minimum. - Vacant and/or Derelict Property $ 100.00 ea. Fee for Appeals Appeals to Order issued under 15.3(1) of the Building Code Act - Property Standards Committee $ 150.00 - Superior Court Judge $ 300.00 Officer Fees Chief Building Official $ 55.00/hr Deputy Chief Building Official $ 40.00/hr Property Standards Officer $ 35.00/hr 30 137 The Corporation of the Town of Tillsonburg TILLSONBURG RECREATION, CULTURE & PARKS 45 Hardy Avenue, Tillsonburg, ON N4G 3W9 Tel: (519) 688-9011 Fax: (519) 842-4120 Web: http://www.tillsonburg.ca MEMO TO: Council FROM: Rick Cox, Director of Recreation, Culture & Parks DATE: 2015-Oct-16 RE: Wayward Ball Barrier Decision Ramifications ATTACHMENT: RCP 15-44 – Soccer Park Wayward Ball Fence Procurement Update Summary: Council gave direction on September 28 to bury the hydro this fall, and to retain the $16,188 financial contribution from Performance Communities Realty Inc. (PCRI). The resolution authorizing the procurement of this work lost on a tie vote on October 13. Staff require direction and authorization from Council with respect to implementing the wayward ball barrier. Background: At the Council meeting of May 11, Council directed staff to meet with the Soccer Club and the Glendale West developer to come to a mutually agreeable solution to the wayward ball issue. The meeting took place and a consensus was reached on the elements of a barrier adjacent to the property line that included burying the overhead hydro and installing a 6’ chain link fence and a 14’ mesh barrier placed seasonally, and a row of cedars on the housing side of the chain link. At the Council meeting of September 28, 2015, Council passed the following resolution: THAT Council receives report RCP 15-38 – Soccer Park Wayward Ball Fence Procurement; AND THAT Council approve the budgeted $50,000 to be used in burying the Hydro cable and related expenses in 2015; AND THAT Council retain the $16,188 contribution towards the fence received from Performance Communities Realty Incorporated for the fencing budget in 2016. This resolution did not authorize the award of contract to execute the hydro work, so a subsequent recommendation was put forward by staff at the October 13 Council meeting. At the Council meeting of October 13, the attached report including a recommendation for the following resolution was presented: THAT Council receives report RCP 15-44 – Soccer Park Wayward Ball Fence Procurement Update for information; AND THAT Council awards the supply and installation of a galvanized fence and seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their tendered price of $51,093.87 net of applicable taxes; AND THAT Council awards the contract to bury the overhead hydro line on the Soccer Park property to Tillsonburg Hydro Inc. at their tendered price of $30,278.69 net of applicable taxes; AND THAT Council authorizes THI to install a load break switch as required by the Electrical Safety Authority at a cost not to exceed $15,000; 138 The Corporation of the Town of Tillsonburg TILLSONBURG RECREATION, CULTURE & PARKS 45 Hardy Avenue, Tillsonburg, ON N4G 3W9 Tel: (519) 688-9011 Fax: (519) 842-4120 Web: http://www.tillsonburg.ca AND THAT the $101,372.56 combined cost for the wayward ball barrier and associated expenses is funded using the $16,189 from Performance Communities Realty Inc, $50,000 from reserves committed in the 2015 budget, and a further $35,184.56 from reserves that will be replenished from a revenue source subject to 2016 budget approval. The resolution lost on a tie vote. As a result, staff are unable to comply with the direction from the previous resolution. Without a formal award of contract, the hydro work cannot proceed. The resolution that lost on Oct 13 also included the authorization to install the chain link fence in 2015 and the award of a contract to do that work. This change in the work schedule established by the Oct 13 resolution was brought forward at the request of PCRI. PCRI has indicated that if the chain link is not going to be in place before the end of 2015 PCRI will have no choice but to install a 6’ board privacy fence as per their original plan. If Council were to reconsider and then approve the lost motion at their meeting of October 26, it is still possible for the work to take place prior to weather shut-down. If the reconsideration and approval of tenders does not take place, then the following issues can be anticipated: • Both hydro and fence installation must be re-tendered; • Due to the delay in order for the procurement process to be repeated, no work will be able to be done before the weather shut-down; • Spring installation may cause more damage to the turf and surrounding areas than a fall installation; • Vendors who participated in the previous procurement may not be willing to re-tender, and/or may not resubmit at the same price; • The overall cost to the Town for the work will likely increase. Clerk Wilson provides the following information regarding motions of reconsideration: A motion to reconsider can only be made by a member who voted on the successful side of the motion it wishes to reconsider. The purpose to reconsidering a vote is to allow an organization to correct a hasty, ill-advised decision or to correct an action done in error. It can also be necessary if new information on a matter has been provided or the information has changed since the matter was put to a vote, therefore the matter is reconsidered based on the additional or changed information. If the motion to reconsider is defeated, then council has decided not to reconsider the previous decision. If it is adopted then this temporarily nullifies the previous decision and places the matter back before council at the point prior to taking the vote on the original motion. The matter may be debated and the motion may be amended. Once the motion to reconsider has been put forward and the motion receives a second, then the Chair may bring it up at the time the motion is brought forward or at a later time during the meeting, which provides some notice to the members, but the motion must be dealt with prior to concluding the meeting, or it will be lost. If you have any questions on reconsidering motions, please contact the Clerk. 139 The Corporation of the Town of Tillsonburg TILLSONBURG RECREATION, CULTURE & PARKS 45 Hardy Avenue, Tillsonburg, ON N4G 3W9 Tel: (519) 688-9011 Fax: (519) 842-4120 Web: http://www.tillsonburg.ca Mr. Hayhoe, President of PCRI has committed to being in attendance at the Council meeting of October 26 to answer any questions that might arise relating to the PCRI perspective on the work schedule, the negotiated solution to the wayward balls, and the financial contribution from PCRI. Respectfully submitted, Rick Cox Director of Recreation, Culture & Parks 140 RCP 15-44 – Soccer Park Wayward Ball Fence Procurement update.docx 1/3 STAFF REPORT RECREATION, CULTURE & PARKS Title: Soccer Park Wayward Ball Fence Procurement Update Report No.: RCP 15-44 Author: RICK COX Meeting Type: COUNCIL Council/Committee Date: OCTOBER 13, 2015 Attachments: • Email From Performance Communities Realty Inc. RECOMMENDATION THAT Council receives report RCP 15-44 – Soccer Park Wayward Ball Fence Procurement Update for information; AND THAT Council awards the supply and installation of a galvanized fence and seasonal mesh system at the Soccer Park to Simpson’s Fence (London) at their tendered price of $51,093.87 net of applicable taxes; AND THAT Council awards the contract to bury the overhead hydro line on the Soccer Park property to Tillsonburg Hydro Inc. at their tendered price of $30,278.69 net of applicable taxes; AND THAT Council authorizes THI to install a load break switch as required by the Electrical Safety Authority at a cost not to exceed $15,000; AND THAT the $101,372.56 combined cost for the wayward ball barrier and associated expenses is funded using the $16,189 from Performance Communities Realty Inc, $50,000 from reserves committed in the 2015 budget, and a further $35,184.56 from reserves that will be replenished from taxation in the 2016 capital budget. EXECUTIVE SUMMARY At their meeting of September 28, 2015, Council directed that the hydro work required for the wayward ball barrier be done in 2015 and the fence be installed in 2016. The resolution did not award the contracts to the recommended vendors. Performance Communities Realty Inc. (PCRI) has requested that both the hydro work and fence installation be done in 2015. This report requests authorization to award the work and to accommodate the timing requested by PCRI. BACKGROUND The direction of Council to implement the ‘Made in Tillsonburg’ solution for addressing the wayward balls from the Soccer Club included direction to bury the hydro in 2015 and to defer the installation of the galvanized fence and seasonal 141 RCP 15-44 – Soccer Park Wayward Ball Fence Procurement update.docx 2/3 mesh until 2016. This timing is of concern to PCRI management, which has requested that the galvanized fence portion of the work also be completed in 2015. Chain Link and Mesh In July, staff issued RFP 15-12 to secure competitive pricing on the chain link and mesh. Eight vendors attended the mandatory site meeting. The RFP closed on August 20, 2015 and two bids were received. Vendor Bid Status Bid Price (net tax incl.) CSL Group Ltd Fully compliant $92,601.60 Simpson’s Fence Fully compliant $51,093.87 Both vendors submitted compliant bids to supply and install the chain link and mesh. Staff recommends awarding the contract to Simpson’s Fence as the lowest compliant bid. Staff will work with the chosen vendor to install the chain link and masts for the mesh this fall. The soccer season will be over by the time the work is done, so the seasonal mesh will be installed for the first time in the spring of 2016. Burying the Hydro Service Working with an outside consultant, RCP staff developed and issued a Tender to secure competitive pricing on the hydro service work. 1 vendor attended the optional site meeting. The Tender closed on September 3, 2015 and 3 bids were received. Vendor Bid Status Bid Price (net tax incl.) Ascent Complete $60,496.32 Pachecos Agreement to Bond not provided $66,123.65 Tillsonburg Hydro Inc. Agreement to Bond not provided $30,278.69 The recommendation from the consultant is “to award the work to Tillsonburg Hydro Inc. (THI) based on the stipulated cost and schedule.” In addition to this cost, an additional $20,000 is required to pay for the consultant, to pay for the Electrical Safety Authority (ESA) approvals, and to pay for a load break switch that the ESA has deemed necessary to meet code requirements. CONSULTATION/COMMUNICATION Extensive consultation with representatives from PRCI and TMSC was required to arrive at a solution that all were agreeable to, pending confirmation of cost. An outside consultant was engaged to develop the specification for the hydro work and to evaluate the bids. FINANCIAL IMPACT The combined cost of the fence, mesh and hydro work is 101,372.56. The approved budget for 2015 includes a contribution to reserves of $50,000 for the soccer fence, funded from taxation. PCRI has contributed $16,188 to the cost of the barrier fence as part of the Subdivision Agreement. This leaves a shortfall of Chain link & mesh 51,093.87$ Burying the hydro 30,278.69$ Load break switch 15,000.00$ Consulting fees 3,750.00$ ESA fees 1,250.00$ 101,372.56$ 142 RCP 15-44 – Soccer Park Wayward Ball Fence Procurement update.docx 3/3 $35,184.56 which Council has directed be included in the 2016 Capital budget. In order to fund the work in 2015, the $35,184,56 will need to be drawn from reserves in 2015 and replenished from taxation in the 2016 Capital budget. There will be an annual cost to hang the mesh in the spring and retract it in the fall. This cost is estimated at $3,000 per year. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A 143 = Attendance: Henry Atkinson, Euclid Benoit, Valerie Durston, Geoffrey Lee, Rick Lee, John Prno, Donna Scanlan, Jeremy Stockmans, Chris Rosehart, Staff: Cephas Panschow, Annette Murray Regrets: Andre Brisson, Mel Getty, Richard Van Maele 1. Call to Order The meeting was called to order by Chair Benoit at 7:02 pm. John Prno acted as Secretary for the meeting. 2. Adoption of Agenda Moved By: Henry Atkinson Seconded By: Jeremy Stockmans Proposed Resolution THAT the Agenda as prepared for the Committee meeting of September 10, 2015, be adopted. Carried 3. Disclosure of Pecuniary Interest None Declared 4. Approval of previous minutes Moved By: Jeremy Stockmans Seconded By: Rick Lee Proposed Resolution THAT the minutes for the July 21, 2015 meeting be approved. Carried 5. Presentations and Deputations None 6. General Business and Reports 6.1 Airport Master Plan The Corporation of the Town of Tillsonburg Airport Advisory Committee 10/09/2015 7:00 pm Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford Minutes 144 Committee Meeting – Minutes - 2 - 6.1.1 Follow-up on Council Meeting The Chair thanked everyone who turned out for the meeting and acknowledged the good response from Council. No timeline suggested by Council for next steps. 6.1.2 Stakeholder Consultation Discussion ensued over the stakeholder consultation process. Staff is to arrange an easel board presentation which will be used during a one night open house to be scheduled during the next four weeks, then left up for other tenants to view and comment on. The open house will be advertised in both the Tillsonburg News and Focus to attract maximum attention. Committee members will be invited to attend the Open House, and all comments will be compiled for the committee to review after the fact. 6.1.3 Lands Slated to be Sold Jeremy Stockmans requested clarification of which airport lands are available for sale. Cephus Panschow explained that approximately 240 acres of the airport property are designated “Operational Zone” by Transport Canada, and cannot be sold. Discussion ensued on potential runway and taxiway changes, and the impact on future development. As a result, the question was asked whether more land should be included in the Operational Zone to address current and future operational needs. Staff will circulate a map showing the “Excess” land on the airport property for additional discussion at the next meeting 6.1.4 Proposed Hanger Development Discussion took place regarding available hanger lots, present hydro limitations, future expansion possibilities and payback periods for any development costs incurred. Cephus Panschow advised that Tillsonburg Hydro is currently reviewing options to address the present hydro limitations, and will bring back additional information at a future meeting. 6.1.5 Taxiway Resurfacing Project Update A partial taxiway resurfacing project was approved by Council in 2014, but not completed due to other priorities. The funds were carried forward and Staff are returning to Council next week to seek approval of a revised plan for completion this year. The revised plan includes a cost-sharing partnership with CHAA to repave part of their apron. Repaving of the balance of the taxiway will require culvert reworking before the additional work can be completed, likely in 2016. 145 Committee Meeting – Minutes - 3 - 6.2 Airport Tenant (Good Neighbour) Policy 6.2.1 Tenant Feedback and Next Steps Tenant feedback was limited to comments like “what did I do wrong?” and “why duplicate CARS?” As tenants are not following CARS, an alternate approach is necessary. The policy needs to be revised to eliminate the enforcement clause, with changes advising that reports can be made to Transport Canada identifying safety concerns. The committee agreed to change the policy name to the “Airport Use (Good Neighbour) Policy”. Final changes will be made and circulated to the committee for review prior to distribution to tenants. 7. Correspondence None 8. Other Business None 9. Next meeting Due to budget timing, the next meeting date will be expedited to 7:00 pm, Thursday, October 8, 2015. Only two agenda items are planned: 1) Airport Capital Budget Review; and 2) Review of the Excess Lands Map. 10. Adjournment Moved By: Jeremy Stockmans Proposed Resolution THAT the September 10, 2015 meeting be adjourned at 8:40 pm. 146 Page | 1 TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE MINUTES DATE: Wednesday, September 9, 2015 TIME: 7:30 AM LOCATION: 10 Lisgar Ave – Board Room, Customer Service Centre Committee Members in Attendance: Mike Bossy, Lisa Gilvesy, Councillor Jim Hayes, Kirby Heckford, Lindsay Morgan, Scott McLean, Mayor Stephen Molnar (Departed at 8:50 AM), Ashton Nembhard, Randy Thornton, Cedric Tomico (Arrived 7:49 AM), John Veldman (Departed 8:13 AM) Staff Present: David Calder (Departed at 8:50 AM), Cephas Panschow Regrets: Andrew Burns, Jesse Goossens, Steve Spanjers, 1) Call to Order Meeting was called to order at 7:32 AM. 2) Adoption of Agenda Addition of Proposed Trail System Expansion added as item 8 (a) L. Gilvesy – 1st R. Thornton – 2nd “Carried” 3) Disclosure of Pecuniary Interest None CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 147 Page | 2 4) Adoption of Minutes of May 12, 2015 K. Heckford – 1st L. Gilvesy – 2nd “That the Minutes of August 11, 2015 be approved.” “Carried” 5) Business Arising from the Minutes: 253 Broadway – A complete application has been received by the Town and circulated for comments, which are due by September 16, 2015. The ground floor will comprise commercial space, while the remainder of the building will contain 20 residential apartment units. Construction will start once/if approvals are secured. 6) Standing Items a) Community Strategic Plan A public Town Hall session is being planned for this fall with the purpose of updating the community on action to date as well as solicit feedback. b) Post-Secondary Education Further to the draft analysis provided at the last meeting, staff has circulated the survey to agricultural contacts through SCOR as well as the Town’s internal distribution list. If having trouble securing responses from agricultural producers, consider asking accountants and commercial bankers to complete on behalf of their agricultural clients. The final report will be brought forward at the next meeting. Suggestion to consider a repurposed Lion’s Den room at the Community Centre for a publically available training room. Also, being considered through the New Town Hall Task Force. c) Tillsonburg Hydro Inc Meetings were held at the recent AMO Conference and Tillsonburg’s concerns with were well received with recognition of the barriers Tillsonburg faces with respect to future demand and implementing Conservation Demand Management (CDM) programs. D. Calder to circulate presentation and letter provided to minister. Highway 3 Business Park development issue was also brought forward at AMO and the Town now has a direct conduit through the Minister of Transportation. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 148 Page | 3 7) New Business a) Review of Draft Community Improvement Plan Planner reviewed the draft elements of the Financial Incentive Programs. The document was requested to be as comprehensive as possible to start with the one exception being for Development Charge rebates, which were removed from this document as applicability was not clear in the previous program and rebates would impact the Town/County’s ability to invest in needed infrastructure. Also, as Town’s portion of the development charge is relatively small, the impact of a rebate of the Town’s portion would be lessened. It was confirmed that there has been no consideration so far regarding a change in the boundaries. Suggestion to make the entire Town subject to the program and restrict applicability to industrial, commercial and multi-residential uses through zoning. Some concern about impact of development charges on multi-use residential as per one example given, these charges were approaching $100,000 for a $500,000 investment. Is this competitive in the marketplace? Plan is to finalize internally and then circulate to the Ontario government by the end of September with a final version being brought back to Council in October. Planning to circulate map of existing or potential brownfield sites. 8) Economic Development Update a) Trail Expansion A.Nembhard provided overview of proposed trail expansion between Tillsonburg and Springford and Tillsonburg and Delhi. There are economic and tourism benefits associated with trails and committee may want to consider supporting this expansion. An update was provided that Norwich had reconsidered their commitment and had voted to not partner with the County and Town. The total cost of the trail extension is an estimated $870,000, with $510,000 in funding being secured in the form of grants from the Trans Canada Trail and Pan Am Games Legacy Funding of $310,000 and $200,000 respectively. Budgeting maintenance cost of $2,000 per kilometer or $45,000/year. No further action required. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 149 Page | 4 9) Liaison Updates b) Departmental Reports None. c) Tillsonburg District Chamber of Commerce No update. d) Downtown Business Improvement Association Two façade applications have been approved (Pedlar’s Quay, Sunnyside Kitchens) for grant funding under the Façade Improvement Program. Prior to approvals there was $73,000 in funding available and with these approvals factored in there is $53,000 remaining. Christmas Crawl is the next promotion planned for Friday, December 4. Santa Claus parade is planned for November 21, 2015. e) Tillsonburg District Real Estate Board Market has been strong in July and August. f) Physician Recruitment/Oxford Physician Recruitment Committee for county has been established as the region needs an estimated 26 physicians. www.PracticeinOxford.ca will be available shortly and is tied into www.WorkinOxford.ca and Tourism Oxford so provides a comprehensive selling presence online. 9) Roundtable J. Veldman - Request to discuss the opportunity for a future Town Hall facility to be multi-use at a future meeting. A.Nembard – Requested an overview of Town budget process as part of Economic Development budget update in the future. L. Gilvesy indicated that they are now a fibre customer through the RapidFibre/PacketWorks service. Staff advised that, as recommended by this committee, an online targeted marketing campaign had been initiated for the residential attraction/Discover Tillsonburg and should be active shortly. 10) Date of Next meeting – Poll Committee on either October 6 or 14 11) Adjournment K. Heckford moved that the meeting be adjourned at 9:13 AM. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 842-6428, Fax # (519) 842-9431 Web: www.tillsonburg.ca 150 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - September 2, 2015 (as approved at the Board of Directors Meeting held October 7, 2015) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes, John Scholten, Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, J. Maxwell, J. Miller, and D. McLachlan Regrets: C. Grice, T. Southwick The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, September 2nd, 2015 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS The Board requested an update on the spread of Beech Bark Disease in the area. To be discussed under New Business as item (e). DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS There were no questions or comments concerning the minutes. MOTION A-102/15 moved: N. Haydt seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors Regular Meeting held August 5th, 2015 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None 151 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved 12 applications since the last meeting in August: LPRCA-89/15, LPRCA-90/15, LPRCA-91/15, LPRCA-92/15, LPRCA-93/15, LPRCA-94/15, LPRCA- 95/15, LPRCA-100/15, LPRCA-101/15, LPRCA-102/15, LPRCA-103/15 and LPRCA-104/15. Further detail was provided on LP-93/15 and LP-103/15. Staff explained that names are not used in the reports due to privacy laws. MOTION A-103/15 moved: J. Scholten seconded: N. Haydt That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED b) New Applications The Planning Department sought approval for six applications. LPRCA-111/15 should read Cedar Street. No further questions or comments. MOTION A-104/15 moved: R. Geysens seconded: N. Haydt 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-105/15 LPRCA-107/15 LPRCA-109/15 LPRCA-106/15 LPRCA-108/15 LPRCA-111/15 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 152 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick NEW BUSINESS a) CALENDAR REVIEW Current statistics indicate that the parks will be busy over the Labour Day Weekend. Deer Creek closes Monday September 7th at 2pm. Scheduled events for Backus this month are the War of 1812 Re-enactment the weekend of September 12th, the Memorial Forest Dedication September 20th and the Mountain Man Rendezvous the weekend of September 26th. The Haldimand Children’s Water Festival at Tequanyah Conservation Area is scheduled for September 22nd and 23rd but may be deferred if the teachers’ contract is not ratified. MOTION A-105/15 moved: J. Scholten seconded: R. Geysens THAT the September Calendar of Events Report be received as information. CARRIED b) GENERAL MANAGER’S REPORT The GM participated in a number of meetings to discuss potential funding for campground infrastructure upgrades. He has also confirmed appearances at all watershed municipalities, excepting Malahide, to discuss the Conservation Authorities Act Review. All of those meetings are scheduled to take place prior to the October 18th comment review deadline. Further details were provided regarding the upcoming War of 1812 activities and it was noted that the Backus Blue Grass event was very well attended. MOTION A-106/15 moved: N. Haydt seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager’s Report for August 2015 as information. CARRIED c) 2015 BIENNIAL TOUR UPDATE With the 2015 Biennial Tour just weeks away, registration is complete. The GM and the Chair have been registered and will also be contributing at the Opening and Closing Receptions. Various staff have been recruited to provide presentations during the tour and act as guides. . MOTION A-107/15 moved: R. Geysens seconded: J Scholten THAT the Biennial Tour Update Report be received as information. CARRIED 153 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick d) A.D. LATORNELL CONFERENCE REGISTRATION The Latornell Conference provides an early bird rate of $660 per person if booked prior to October 13th, at which time the rate rises to $840. The Chair is unavailable to attend. MOTION A-108/15 moved: D Brunton seconded: J. Scholten THAT LPRCA Board of Directors approves the attendance of the General Manager, Dave Beres and Robert Chambers for the 22nd Annual A.D. Latornell Conference. CARRIED e) BEECH BARK DISEASE Staff noted that Beech Bark Disease was first introduced to the eastern United States in the 1940’s from Europe. There are two fungi responsible in the process of the disease. Signs of the disease include a white, waxy coating and later will show signs of bleeding. The disease causes severe cankering, deformation of the stem and eventually tree mortality. There is currently no legislation in Canada regarding the handling of Beech Bark Disease. MOTION A-109/15 moved: D. Brunton seconded: N. Haydt THAT the LPRCA Board of Directors receives the verbal update regarding Beech Tree Disease as information. CARRIED MOTION A-110/15 moved: R Geysens seconded: J. Scholten That the LPRCA Board of Directors does now enter into an “In Camera” session to discuss: personal matters about an identifiable individual, including Conservation Authority employees; a proposed or pending acquisition or disposition of land by the Conservation Authority. CARRIED MOTION A-111/15 moved: D. J. Scholten seconded: R Geysens That the LPRCA Board of Directors does now adjourn from the “In Camera” session. CARRIED 154 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick MOTION A-112/15 moved: D. Hayes seconded: L. Bartlett THAT the LPRCA Board of Directors approves the GM’s proposed course of action regarding a confidential personnel matter as presented at the regular meeting of September 2nd, 2015; AND THAT the recommendations contained within be adopted. CARRIED MOTION A-113/15 moved: L Bartlett seconded: R. Chambers THAT the LPRCA Board of Directors receives the GM’s verbal update regarding a property matter. CARRIED The Chair adjourned the meeting at 7:25pm. _____________________________ ________________________________ Michael Columbus Dana McLachlan Chair Administrative Assistant 155 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3958 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 26th day of October, 2015 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 regular meeting held on October 26, 2015, 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 26TH DAY OF OCTOBER, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 26TH DAY OF OCTOBER, 2015. ________________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson 156