161018 Council AGD PacketTable of Contents
Agenda 3
Minutes, September 26, 2016
Minutes, September 26, 2016 10
Delegation By: Esther Sol, President - St. Paul's United Church
- United Church Women
Delegation Request 21
Application for Minor Variance- A-12/16- Daniel Couture, 45
Jones Crescent
A-12/16 Report 23
Report Attachments 27
Application Form 31
Municipal Council Blanket Support Resolution – Feed-In-Tariff
Program
CAO 16-12 Municipal Council Blanket Support
Resolution - Feed-In-Tariff Program 35
CAO 15-09 Moose Power Inc.38
CL 16-29 Deputy Mayor Position
CL 16-29 Deputy Mayor Position 40
CL 16-30 Municipal Elections Modernization Act, Bill 181
CL 16-30 Mun Election Modernization Act 2016 44
DCS 16-30 Sign By-Law - Animated Signs
DCS 16-30 Sign By-Law - Animated Signs 54
Amended Schedule A: Permitted Sign Use/Property
Use Table 64
DCS 16-31 Sign By-Law - Off-Premise Advertising on Animated
Signs
DCS 16-31 Sign By-Law - Off-Premise Advertising on
Animated Signs 68
FIN 16-29 OCIF Formula-Based Funding Agreement
FIN16-29 OCIF Formula Based Funding agreement 72
RCP 16-33 – Jul-Sep 2016 RCP Departmental Activity Reports
RCP 16-33 ? Jul-Sep 2016 RCP Departmental Activity
Reports 74
Jul-Sep 2016 Activity - Recreation Programs & Services 75
Jul-Sep 2016 Activity - Culture & Heritage 80
Jul-Sep 2016 Activity - Parks & Facilities 82
Minutes, Airport Advisory Committee
Minutes, September 15, 2016 84
Minutes, Memorial Park Revitalization Committee
Minutes, September 19, 2016 87
Minutes, Parks & Recreation Advisory Committee
Minutes, September 6, 2016 91
Minutes, Special Awards Committee
Minutes, September 22, 2016 94
1
By-Law 4043, To amend By-law 3798, being a By-law to prohibit
or regulate signs and other advertising devices and the posting
of notices within the Town of Tillsonburg
By-Law 4043 98
By-Law 4044 OCIF Formula Contribution Agreement
By-law 4044 OCIF Contribution Agreement 100
OCIF-FC 384 101
By-Law 4045, To confirm the proceedings of Council
By-Law 4044 136
2
=
1. Call to Order
2. Closed Session
Proposed Resolution #1
Moved By: Seconded By:
THAT Council move into Closed Session to consider:
1. A proposed or pending acquisition or disposition of land by the municipality or
local board (Hardy Drive).
3. Adoption of Agenda
Proposed Resolution #2
Moved By: Seconded By:
THAT the Agenda as prepared for the Council meeting of Tuesday, October 11,
2016, be adopted.
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6. Adoption of Council Minutes of Previous Meeting
6.1. Minutes of the Meeting of September 26, 2016
Minutes, September 26, 2016
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Tuesday, October 11, 2016
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA
3
Council Meeting – Agenda - 2 -
Proposed Resolution #3
Moved By: Seconded By:
THAT the Minutes of the Council Meeting of September 26, 2016, be approved.
7. Delegations and Presentations
7.1. National United Church - Child Poverty Initiative
Delegation By: Esther Sol, President - St. Paul's United Church - United Church
Women
Delegation Request
Proposed Resolution #4
Moved By: Seconded By:
THAT Council receive the delegation regarding the National United Church –
Child Poverty Initiative, as information.
Proposed Resolution #5
Moved By: Seconded By:
THAT Council move into the Committee of Adjustment to hear an application for
Minor Variance at ______ p.m.
8. Public Meetings
8.1. Application for Minor Variance- A-12/16- Daniel Couture, 45 Jones Crescent
A-12/16 Report
Report Attachments
Application Form
Proposed Resolution #6
Moved By: Seconded By:
THAT the Committee of Adjustment approve Application File A-12/16, submitted
by Daniel Couture & Marjolaine Campeau, for lands described as Part Lot 81,
Plan 41M-182, Town of Tillsonburg, as it relates to relief from Table 5.37.1 -
4
Council Meeting – Agenda - 3 -
Permitted Projections into Required Yard, to increase the maximum permitted
projection of a covered deck into the required rear yard from 1.5 m (4.92 ft) to 2.4
m (7.87 ft) and for relief from Table 5.37.1 - Minimum Setback Between
Projection & Lot Line, to reduce the minimum setback between the projection and
rear lot line from 7.5 m (24.6 ft) to 4.6 m (15 ft);
AND THAT approval is conditional upon the issuance of a building permit for the
proposed covered deck within one year of the date of the Committee’s decision.
Proposed Resolution #7
Moved By: Seconded By:
THAT Council move out of the Committee of Adjustment and move back into
regular session at ____ p.m.
9. Reports from Departments
9.1. Chief Administrative Officer
9.1.1. Municipal Council Blanket Support Resolution – Feed-In-Tariff
Program
CAO 16-12 Municipal Council Blanket Support Resolution - Feed-In-Tariff
Program
CAO 15-09 Moose Power Inc.
Proposed Resolution #8
Moved By: Seconded By:
WHEREAS the Province’s FIT Program encourages the construction and
operation of rooftop solar generation projects (the “Projects”);
AND WHEREAS one or more Projects may be constructed and operated
in the Town of Tillsonburg;
AND WHEREAS pursuant to the rules governing the FIT Program (the
“FIT Rules”), Applications whose Projects receive formal support of Local
Municipalities will be awarded Priority Points, which may result in these
Applications being offered a FIT Contract prior to other persons applying
for FIT Contracts;
5
Council Meeting – Agenda - 4 -
NOW THEREFORE the Council of the Town of Tillsonburg supports the
construction and operation of Projects in the Town of Tillsonburg. This
resolution’s sole purpose is to enable the participants in the FIT Program
to receive priority points under the FIT Program and may not be used for
the purpose of any other form of municipal approval in relation to the
Application or Projects or any other purpose;
AND THAT this resolution shall expire on October 11, 2017.
9.2. Clerk’s Office
9.2.1. CL 16-29 Deputy Mayor Position
CL 16-29 Deputy Mayor Position
Proposed Resolution #9
Moved By: Seconded By:
THAT Council receive Report CL 16-29, Deputy Mayor Position;
AND THAT Council Choose Option 2, THAT for the next Municipal
Election the Deputy Mayor position be removed from the ballot and a
Mayor and six (6) Councillors be elected at large.
9.2.2. CL 16-30 Municipal Elections Modernization Act, Bill 181
CL 16-30 Mun Election Modernization Act 2016
Proposed Resolution #10
Moved By: Seconded By:
THAT Council receive Report CL 16-30 2018, Municipal Elections
Modernization Act, Bill 181, as information.
9.3. Development and Communication Services
9.3.1. DCS 16-30 Sign By-Law - Animated Signs
DCS 16-30 Sign By-Law - Animated Signs
Amended Schedule A: Permitted Sign Use/Property Use Table
6
Council Meeting – Agenda - 5 -
Proposed Resolution #11
Moved By: Seconded By:
THAT Council receive Report DCS 16-30, Sign By-Law - Animated Signs;
AND THAT By-Law 4043, to amend By-Law 3798, being a by-law to
prohibit or regulate signs in the Town of Tillsonburg, be brought forward
for council consideration.
9.3.2. DCS 16-31 Sign By-Law - Off-Premise Advertising on Animated Signs
DCS 16-31 Sign By-Law - Off-Premise Advertising on Animated Signs
Proposed Resolution #12
Moved By: Seconded By:
THAT Council receive Report DCS 16-31, Sign By-Law - Off-Premise
Advertising on Animated Signs;
AND FURTHER RESOLVE THAT the current sign by-law, not be
amended to permit off-premise advertising on animated signs.
9.4. Finance
9.4.1. FIN 16-29 OCIF Formula-Based Funding Agreement
FIN16-29 OCIF Formula Based Funding agreement
Proposed Resolution #13
Moved By: Seconded By:
THAT Council receive Report FIN 16-29, OCIF Formula-Based Funding
Agreement;
AND THAT Council authorize the Mayor and Clerk to execute the Ontario
Community Infrastructure Fund – Formula-Based Funding Contribution
Agreement with Her Majesty the Queen in Right of Ontario;
AND THAT By-Law 4044, be brought forward for council consideration.
7
Council Meeting – Agenda - 6 -
10. Staff Information Reports
10.1. RCP 16-33 – Jul-Sep 2016 RCP Departmental Activity Reports
RCP 16-33 - Jul-Sep 2016 RCP Departmental Activity Reports
Jul-Sep 2016 Activity - Recreation Programs & Services
Jul-Sep 2016 Activity - Culture & Heritage
Jul-Sep 2016 Activity - Parks & Facilities
Proposed Resolution #14
Moved By: Seconded By:
THAT Council receive Report RCP 16-33, Jul-Sep 2016 RCP
Departmental Activity Reports, as information.
11. Committee Minutes & Reports
11.1. Minutes, Airport Advisory Committee
Minutes, September 15, 2016
11.2. Minutes, Memorial Park Revitalization Committee
Minutes, September 19, 2016
11.3. Minutes, Parks & Recreation Advisory Committee
Minutes, September 6, 2016
11.4. Minutes, Special Awards Committee
Minutes, September 22, 2016
Proposed Resolution #15
Moved By: Seconded By:
THAT Council receive the Minutes of the Airport Advisory Committee for
September 15, 2016, the Memorial Park Revitalization Sub-Committee for
September 19, 2016, the Parks & Recreation Advisory Committee for
September 6, 2016 and the Special Awards Committee for September 22,
2016, as information.
8
Council Meeting – Agenda - 7 -
12. Notice of Motions
13. By-Laws
By-Laws from the Meeting of Tuesday, October 11, 2016
Proposed Resolution #16
Moved By: Seconded By:
13.1. THAT By-Law 4043, To amend By-law 3798, being a By-law to prohibit or
regulate signs and other advertising devices and the posting of notices
within the Town of Tillsonburg;
AND THAT By-law 4044, To enter into an agreement with Her Majesty
The Queen In Right Of Ontario as represented by the Minister of
Agriculture, Food and Rural Affairs (OCIF-Formula Contribution
Agreement), OCIF-FC Agreement, be read for a first, second and third
and final reading and that the Mayor and the Clerk be and are hereby
authorized to sign the same, and place the corporate seal thereunto.
Proposed Resolution #17
Moved By: Seconded By:
13.2. THAT By-Law 4045, To confirm the proceedings of Council at its meeting
held on the 11th day of October, 2016, be read for a first, second and third
and final reading and that the Mayor and the Clerk be and are hereby
authorized to sign the same, and place the corporate seal thereunto.
14. Items of Public Interest
15. Adjournment
Proposed Resolution #18
Moved By: Seconded By:
THAT the Council Meeting of Tuesday, October 11, 2016 be adjourned at _____ p.m.
9
=
ATTENDANCE
Deputy Mayor Dave Beres
Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes
Councillor Chris Rosehart Councillor Brian Stephenson
Regrets: Mayor Stephen Molnar
Staff:
David Calder, CAO Donna Wilson, Town Clerk
Janelle Costantino, Manager of Finance/Deputy Treasurer
Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations
Jeff Smith, Fire Chief
Tricia Smith, Deputy Clerk
1. Call to Order
The meeting was called to order at 6:00 p.m.
2. Adoption of Agenda
Resolution #1
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Agenda as prepared for the Council meeting of Monday, September 26,
2016, be adopted.
Carried
3. Moment of Silence
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, September 26, 2016
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
MINUTES
10
Council Meeting – Minutes, September 26, 2016 - 2 -
4. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
5. Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of September 12, 2016
Minutes, September 12, 2016
Resolution #2
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Minutes of the Council Meeting of September 12, 2016, be approved.
Carried
6. Delegations and Presentations
6.1. Volunteer Appreciation Award - Marilyn Chalk
Presented By: Councillor Brian Stephenson, Special Awards Committee
Matt Scholtz - Chair, Special Awards Committee
6.2. County 100% Renewable Energy & Zero Waste Initiatives
Presentation By: Jay Heaman, Manager of Strategic Initiatives
Delegation Request
Presentation
Resolution #3
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receive the presentation regarding the County 100% Renewable
Energy & Zero Waste Initiatives, as information.
Carried
11
Council Meeting – Minutes, September 26, 2016 - 3 -
6.3. Woodlands Conservation By-Law Update
Presentation By: Gord Hough, Director, Community and Strategic Planning
CASPO 2016-182_WoodlandsConservation
Proposed Resolution #4
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receive the presentation regarding the Woodlands Conservation
By-Law Update, as information.
Carried
6.4. Community Transportation Pilot Program Update
Presentation By: John Preston, Community Transportation & T:GO Coordinator
John Verbakel, Transportation Steering Committee
Delegation Request
Presentation
A request was made for the Town to apply for Provincial Gas Tax Funds to
provide support for the continuation of the transportation program.
Staff to meet with the Transportation Pilot Steering Committee regarding the
Provincial Gas Tax application and report back to Council at the October 11,
2016 meeting.
Resolution #5
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receive the presentation regarding the Community Transportation
Pilot Program Update, as information.
Carried
6.5. Ridge Boulevard
Delegation By: Bill Cuddy
Ridge Blvd Cuddy
12
Council Meeting – Minutes, September 26, 2016 - 4 -
Mr. Cuddy appeared before council to speak to the condition of his and
neighbouring lawns as part of the Trottier Subdivision reconstruction project.
Resolution #6
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receive the delegation regarding Ridge Boulevard, as information;
AND THAT the matter, be referred during consideration of Agenda item
10.4.2, OPS 16-27 Landscape Restoration - Ridge Blvd & Area.
Carried
Council moved to item 10.4.2 of the agenda at 7:15 p.m.
10. Reports from Departments
10.4 Operations
10.4.2 OPS 16-27 Landscape Restoration - Ridge Blvd & Area
OPS 16-27 Landscape Restoration - Ridge Blvd & Area
Resolution #17
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receive Report OPS 16-27, Landscape Restoration – Ridge
Blvd. and Area, as information;
AND THAT the municipality issue a credit to the affected residents of
Trottier Subdivision Reconstruction Stage 2 – Ridge Blvd equivalent to
50% of the actual constructed area affected up to a maximum of $500.00;
AND THAT the credit, be issued to the property owner upon receipt of
lawn restoration costs.
Carried
Council resumed the order of business.
13
Council Meeting – Minutes, September 26, 2016 - 5 -
7. Committee Reports & Presentations
7.1 SAC 16-03, Favourite Son/Daughter Award
SAC 16-03
Resolution #7
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council endorse the recommendation of the Special Awards Committee
regarding the Favourite Son/Daughter Nomination;
AND THAT staff be authorized to organize an event to recognize Dennis Fairall
as a Tillsonburg Favourite Son.
Carried
8. Public Meetings
8.1 Application for Zone Change - ZN 7-16-06- Victoria Wood - 61 Dereham Drive
ZN 7-16-06_rpt
Report Attachments
Proposed By-Law Text
Schedule A
Proposed Explanatory Note
Key Map
Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before
Council and presented Report CASPO 2016-233 (ZN 7-16-06) for the application
for Zone Change.
Opportunity was given for comments and questions.
No member of the public appeared in favour of or in opposition to the application.
Council passed the following resolution:
Resolution #8
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council approve the zone change application submitted by Victoria Wood
(Tillsonburg) GP Inc., whereby the lands described as Lot 51, Plan 41M-241,
14
Council Meeting – Minutes, September 26, 2016 - 6 -
Town of Tillsonburg, are to be rezoned from ‘Low Density Residential Type 1
Holding Zone (R1A)(H)’ to ‘Low Density Residential Type 1 Zone (R1A)’.
Carried
9. Planning
9.1 CASPO Report 2016-237 – Planning Services Summary 1st & 2nd Quarter, 2016
CASPO Summary Report
Resolution #9
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receive CASPO Report 2016-237, Planning Services Summary
1st & 2nd Quarter, 2016, as information.
Carried
10. Reports from Departments
10.1 Chief Administrative Officer
10.1.1 CAO 16-11 Shared Court Security Funding Model
Shared Court Security Funding Model
Shared Court Security Funding Model
Resolution #10
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receive Report CAO 16-11, Shared Court Security Funding
Model;
AND THAT Report CAO 16-11, Shared Court Security Funding Model, be
provided to Oxford County Council as the Town of Tillsonburg’s response
to Oxford County Report No. CS 2016-23.
Carried
10.1.2 County of Oxford Human Services Department - Municipal Housing
Facilities Agreement with Tillsonburg Properties for Community
Living
15
Council Meeting – Minutes, September 26, 2016 - 7 -
Resolution #11
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receive the correspondence from the County of Oxford
Human Services Department regarding the Municipal Housing Facilities
Agreement with Tillsonburg Properties for Community Living;
AND THAT Council support the recommendation included within County
Report RFP 2016-02 to authorize $1,126,795 to be awarded to Tillsonburg
Properties for Community Living, to develop 16 affordable housing units at
136 Concession Street, Tillsonburg, to be funded by the provincial 2016-
17 Year 1 Social Infrastructure Fund allocated to Oxford County;
AND THAT a copy of this resolution, be provided to Oxford County Council.
Carried
10.2 Clerk’s Office
10.2.1 CL 16-22 Complaints Policy
CL 16-22 Complaints policy
1-009 Complaints Policy
Resolution #12
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
THAT Council receive Report CL 16-22, Complaints Policy;
AND THAT a By-Law to adopt the Complaints Policy is brought forward for
council consideration.
Carried
10.2.2 CL 16-24, Canada 150 Committee
CL 16-24
Terms of Reference
16
Council Meeting – Minutes, September 26, 2016 - 8 -
Resolution #13
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receive Report CL 16-24, Canada 150 Committee;
AND THAT Council approve the Terms of Reference for the committee
and appoint Josiane DeCloet, Erin Getty, Jaime Stephenson and
Aleksandra Webber to the Canada 150 Committee;
AND THAT Councillor Stephenson, be appointed to represent Council on
the committee.
Carried
10.2.3 CL 16-27, Committee Appointment
CL 16-27
Letter of Recommendation
By-Law 4039
By-3901
Resolution #14
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council receive Report CL 16-27, Committee Appointment;
AND THAT John Scott, be appointed as a Director to the BIA Board of
Management;
AND THAT a By-law, be brought forward for council consideration.
Carried
10.3 Finance
10.3.1 FIN 16-28 Trottier Phase 3 Reconstruction Funding Source
FIN16-28 Trottier Phase 3 Funding Source
17
Council Meeting – Minutes, September 26, 2016 - 9 -
Resolution #15
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receive Report FIN 16-28, Trottier Phase 3 Reconstruction
Funding Source;
AND THAT Council approve the re-allocation of unused gas tax grant
funding from the Trottier Phase 4 Reconstruction project in the amount of
$22,990.37 to fund the budget shortfall of the Trottier Phase 3
Reconstruction project.
Carried
10.4 Operations
10.4.1 OPS 16-26 Small Communities Fund - Newell Rd Reconstruction
OPS 16-26 Small Communities Fund - Newell Road Reconstruction
Resolution #16
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receive Report OPS 16-26, Small Communities Fund –
Newell Road Reconstruction;
AND THAT Council direct staff to include the Town’s portion of the project
valued at $349,673 in the development of the 2017 budget.
Carried
10.4.3 OPS 16-28 Connecting Link Funding Program Project Designation
OPS 16-28 Connecting Link Funding Program Project Designation
OPS 16-28 Attachment 1 - Connecting Link Funding Application
Resolution #18
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receive Report OPS 16-28, Connecting Link Funding
Program Project Designation;
18
Council Meeting – Minutes, September 26, 2016 - 10 -
AND THAT Broadway Street Rehabilitation from the north Town limit to
North Street, be endorsed as the Town’s project for the Connecting Link
Funding Application;
AND THAT the submitted Application meets the requirements of MTO’s
Connecting Links Program as described in the Program Guide;
AND THAT a comprehensive asset management plan including
connecting links has been completed and publically posted;
AND THAT the municipality will comply with the conditions that apply to
designated connecting links under the Ontario Highway Traffic Act to
ensure the safe and efficient movement of provincial traffic;
AND THAT the Application is complete and factually accurate;
AND THAT the Chief Administrative Officer, be authorized to execute the
declaration statement within the formal application.
Carried
11. Committee Minutes & Reports
11.1 Minutes, Accessibility Advisory Committee
Minutes, September 14, 2016
11.2 Minutes, Development Committee
Minutes, August 9, 2016
Resolution #19
Moved By: Councillor Adam Seconded By: Councillor Stephenson
THAT Council receive the Minutes of the Accessibility Advisory Committee
for September 14, 2016 and the Development Committee for August 9, 2016,
as information.
Carried
12. Notice of Motions
19
Council Meeting – Minutes, September 26, 2016 - 11 -
13. By-Laws
By-Laws from the Meeting of Monday, September 26, 2016
Resolution #20
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
13.1 THAT By-Law 4039, To appoint a Director to the BIA Board of
Management;
AND THAT By-Law 4040, Being A By-Law to Amend Zoning By-Law 3295
(ZN 7-16-06);
AND THAT By-Law 4041, To adopt the Complaints Policy, be read for a
first, second and third and final reading and that the Deputy Mayor and the
Clerk be and are hereby authorized to sign the same, and place the
corporate seal thereunto.
Carried
Resolution # 21
Moved By: Councillor Hayes Seconded By: Councillor Rosehart
13.2 THAT By-Law 4042, To confirm the proceedings of Council at its meeting
held on the 26th day of September, 2016, be read for a first, second and
third and final reading and that the Deputy Mayor and the Clerk be and are
hereby authorized to sign the same, and place the corporate seal
thereunto.
Carried
14. Items of Public Interest
15. Adjournment
Resolution #22
Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT the Council Meeting of Monday, September 26, 2016 be adjourned at 8:50 p.m.
Carried
20
From:noreply@esolutionsgroup.ca
To:Tricia Smith
Subject:New Submission Completed for Delegation Request Form
Date:September-06-16 10:07:08 AM
Hello,
Please note the following response to Delegation Request Form has been submitted at Tuesday September 6th 2016 10:6 AM with reference
number 2016-09-06-008.
First Name
Esther
Last Name
Sol
Street Address
53 Trottier Drive
Town/City
Tillsonburg
Postal Code
N4G4S8
Phone Number
519-842-7102
E-mail
eesol@execulink.com
Do you or any members of your party require accessibility
accommodations? No
Council Meeting Date Oct 11,2016
Subject of Delegation "Bread not Stones"
Name(s) of Delegates and Position(s) Esther Sol President of St Paul's U.C.W. Karon Harris Member of
21
U.C.W. Irene Gillespie Member of U.C.W.
Name of Group or Person(s) being represented (if applicable)
St Paul's United Church Tillsonburg( United Church Women)
I acknowledge Delegations are limited to fifteen (15) minutes each.
I accept
Brief Summary of Issue or Purpose of Delegation
"Bread not Stones " is a national United church effort to alert elected officials at all levels of government to the problem of child poverty.
As representatives from our local united church we would like an
opportunity to keep the problem in the forefront of decisions made in
our community. We would present some Canadian statistics on child poverty and expectations to alleviate this problem.
Will there be a Power Point presentation? No
Have you been in contact with a Staff member regarding the Delegation topic?
No
I acknowledge that all presentation material must be submitted to the
Clerk's Office by 4:30 p.m. the Wednesday before the Council
meeting date.
I accept
[This is an automated email notification -- please do not respond]
22
Community and Strategic Planning P. O. Box 1614, 21 Reeve Street
Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcounty.ca
Our File: A-12/16
APPLICATION FOR MINOR VARIANCE
TO: Town of Tillsonburg Committee of Adjustment MEETING: October 11, 2016 REPORT NUMBER: 2016-244
OWNERS: Daniel Couture & Marjolaine Campeau
45 Jones Crescent, Tillsonburg ON, N4G 5X6
REQUESTED VARIANCES: Relief from Table 5.37.1 - Permitted Projections into Required Yard, to increase the
maximum permitted projection of a covered deck into the required rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); and,
Relief from Table 5.37.1 - Minimum Setback Between Projection & Lot Line, to reduce the
minimum setback between the projection and rear lot line from 7.5 m (24.6 ft) to 4.6 m (15 ft), to
facilitate the construction of a covered deck (pergola).
LOCATION:
The subject property is described as Part Lot 81, Plan 41M-182, in the Town of Tillsonburg. The
property is located on the east side of Jones Crescent, between Hollier Drive and Weston Drive
and is municipally known as 45 Jones Crescent.
BACKGROUND INFORMATION:
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential
Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential
TOWN OF TILLSONBURG ZONING BY-LAW: Special Low Density Residential - Type 2 Zone (R2-5) SURROUNDING USES: predominately low density residential uses, consisting of single
detached dwellings and vacant residential lots within a registered plan of subdivision
23
File Number: A-12/16 Report Number 2016-244 Page 2
COMMENTS:
(a) Purpose of the Application:
The applicant is requesting relief from the Town Zoning By-law to facilitate the construction of a
covered deck (pergola) comprising approximately 24.5 m2 (264 ft2) at the rear of an existing single detached dwelling.
The subject property comprises approximately 428 m2 (4,607 ft2) and is currently occupied by an existing single detached dwelling.
Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity.
Plate 2, Aerial Map (2015), shows the location of the subject lands and surrounding properties.
Plate 3, Applicant’s Site Survey, shows the dimensions and setbacks of the proposed covered
deck (pergola) at the rear of the existing single detached dwelling on the property.
(b) Agency Comments:
The application was circulated to a number of public agencies. The Town Building Services
Department, Town Engineering Services Department, Town Hydro Operations Department, County Public Works Department and County Public Health & Emergency Services Department had no concerns with the proposal.
(c) Public Consultation:
Public Notice was mailed to surrounding property owners on September 30, 2016. As of the writing of this report, no comments or concerns had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within
the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as
well as accessory uses thereto. The use of the lands for a single detached dwelling and
covered deck conforms to the ‘Low Density Residential’ policies of the Official Plan.
(e) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Special Low Density Residential - Type 2 Zone (R2-5)’, which
permits a single detached dwelling. The ‘R2-5’ zone also includes a number of site specific zone
provisions including a minimum rear yard depth of 7 m (23 ft), and a maximum projection of 1.5 m (5 ft) for covered decks not exceeding a width of 6.2 m (20.3 ft). As the proposed covered
deck will exceed 6.2 m (20.3 ft), the general provisions contained in Section 5 of the Zoning By-law apply to this proposal.
In light of the above, similar to the ‘R2-5’ zone, covered decks are permitted to project 1.5 m (4.92 ft) into the required rear yard, while maintaining a setback of 7.5 m (24.6 ft) from the rear
lot line. As previously noted, relief is required to increase the permitted projection of the
24
File Number: A-12/16 Report Number 2016-244 Page 3
proposed covered deck to 2.4 m (7.87 ft) and decrease the required setback to the rear lot line to 4.6 m (15 ft).
Certain structures, such as decks and patios are permitted to project into required yards provided that the minimum setback between the projection and lot line is maintained. The
purpose of this provision is to recognize that such structures are typically smaller in scale and size than the single detached dwelling. As such, these types of structures are allowed to project into required yards while maintaining a certain minimum setback from the rear lot line to ensure
adequate amenity space is provided and separation between common lot lines. In this case, the increased projection of the proposed covered deck into the required rear yard is
not expected to negatively impact the available amenity space or area available for drainage and existing drainage patterns. The proposed deck will provide an amenity area for the
occupants of the dwelling and the location will not impact the approved lot grading plan for the
dwelling or the overall approved subdivision grading plan.
(f) Desirable Development/Use:
It is the opinion of this Office that the requested relief to increase the permitted projection of a
covered deck into the required rear yard and reduce the minimum setback to the rear lot line
can be considered desirable development of the subject property.
The requested relief can be considered minor as the proposed covered deck is not anticipated to impact the ability of the property to provide adequate amenity area or drainage. The proposed development can also be considered desirable as the proposed deck will not be out of character
with existing development in the immediate area. In light of the foregoing, it is the opinion of this Office that the proposed relief maintains the
general intent and purpose of the Official Plan and Zoning By-law and can be given favorable consideration.
RECOMMENDATION:
That the Town of Tillsonburg Committee of Adjustment approve Application File A-12/16, submitted by Daniel Couture & Marjolaine Campeau, for lands described as Part Lot 81, Plan
41M-182, Town of Tillsonburg, as it relates to:
1. Relief from Table 5.37.1 - Permitted Projections into Required Yard, to increase the
maximum permitted projection of a covered deck into the required rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); and,
2. Relief from Table 5.37.1 - Minimum Setback Between Projection & Lot Line, to reduce the minimum setback between projection and rear lot line from 7.5 m (24.6 ft) to 4.6 m (15
ft);
Subject to the following condition:
i. A building permit for the proposed covered deck shall be issued within one year of the date of the Committee's decision.
25
File Number: A-12/16 Report Number 2016-244 Page 4
As the proposed variances are:
(i) minor variances from the provisions of the Town of Tillsonburg Zoning By-law No. 3295;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: Rebecca Smith, Development Planner
Approved for submission by: Eric Gilbert, MCIP, RPP, Senior Planner
RS October 3, 2016
26
September 13, 2016
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
1020
Notes
NAD_1983_UTM_Zone_17N
51 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
27
September 13, 2016
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
380
Notes
NAD_1983_UTM_Zone_17N
19 Meters
Parcel Lines
Property Boundary
Assessment Boundary
Unit
Road
Municipal Boundary
28
29
Site Photo
A-12/16 – Couture
View of Subject Property
30
31
32
33
34
Report Title Municipal Council Blanket Support Resolution –
Feed-In-Tariff Program
Report No. CA0 16-12
Author David Calder, CAO
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments • REPORT CAO 15-10
RECOMMENDATION
WHEREAS the Province’s FIT Program encourages the construction and operation of rooftop
solar generation projects (the “Projects”);
AND WHEREAS one or more Projects may be constructed and operated in the Town of
Tillsonburg;
AND WHEREAS pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications
whose Projects receive formal support of Local Municipalities will be awarded Priority Points,
which may result in these Applications being offered a FIT Contract prior to other persons
applying for FIT Contracts;
NOW THEREFORE the Council of the Town of Tillsonburg supports the construction and
operation of Projects in the Town of Tillsonburg. This resolution’s sole purpose is to enable the
participants in the FIT Program to receive priority points under the FIT Program and may not be
used for the purpose of any other form of municipal approval in relation to the Application or
Projects or any other purpose;
AND THAT this resolution shall expire on October 11, 2017.
EXECUTIVE SUMMARY
The purpose of Solar Power Network’s request as noted below is to obtain Council endorsement
by resolution.
“It’s that time of year again, the FIT 5 Application Window is approaching as the Ontario Government is preparing to open its
next FIT (Feed-in-Tariff) window October 31, 2016.
Page 1 / 3
35
In the past, Solar Power Network has approached your municipality searching for support for local constituents who have
partnered with us to develop solar PV deployments within your municipality. We are seeking this same support again via the
attached new FIT 5 Blanket Resolution form for Solar PV projects. Below is a list of the local applicants, both pre-existing and
new.
Legal Applicant Opportunity Name Legal Name kW
Solar Power Network 011 Inc.
680 Broadway Street, Tillsonburg ON, N4G
3S9 Dundee REIT (Whiterock Reit) 360
Solar Power Network 011 Inc.
616 Broadway Street,Tillsonburg ON, N4G
3S9 Stubbe's Countrywide 270
Solar Power Network 011 Inc. 111 Townline Rd, Tillsonburg ON, N4G 5Y2 Ripco 410
Solar Power Network 011 Inc. 95 Spruce St., Tillsonburg ON, N4G 5C4 Otter Valley Foods 500
Please let me know if you have any questions. As with previous rounds, time is of the essence. Projects are prioritized on a
first come first serve basis of applications when the window opens on October 31st. Your assistance in supporting your
constituents in a timely way is most appreciated. As this is effectively an extension of previous council decisions, it is our hope
that the request can be presented by staff. Please let me know if this is not the case and we will do what we can to facilitate a
council appearance.
Please let me know if you need any further information.
Thank you in advance for your support.
Sincerely,
Raubia
raubia elahi | business development | P. 416 479 0333 x 275 | C. 647 308 9478 | www.solarpowernetwork.ca
42 Wellington St E. 4th Floor | Toronto, Ontario | M5E 1C7”
The Town of Tillsonburg has provided such blanket resolutions in the past beginning in 2012.
BACKGROUND
The resolution as drafted is a blanket resolution as provided by the Independent Electricity
System Operator (IESO) for applications to the Feed-In-Tariff (FIT) Program. This resolution
could be used by any company applying under the FIT Program Version 5.0 and doing work in
the Town of Tillsonburg. As a result, the resolution does not only apply to Solar Power Networks.
Staff is recommending Council support the resolution as drafted which would be provided to any
participant making application under the FIT Program Version 5.0 and completing solar projects
in the Town of Tillsonburg.
COMMUNITY STRATEGIC PLAN IMPACT
Page 2 / 3 CAO
36
Economic Sustainability 2.1 – Support new and existing businesses and provide a variety of
employment opportunities.
FINANCIAL IMPACT/FUNDING SOURCE
None.
Page 3 / 3 CAO
37
STAFF REPORT
CAO
Report Title: Moose Power Inc. Request for Council Resolution in Support of Rooftop Solar Applications Under the Provincial Feed-In Tariff (Fit) Program
Report No.: CAO 15-10
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: JUNE 22, 2015
Attachments:
REPORT CAO 12-19 ROOFTOP SOLAR PROJECTS
EMAIL REQUEST FROM MOOSE POWER INC.
RECOMMENDATION:
WHEREAS the Province’s FIT Program encourages the construction and operation of rooftop
solar generation projects (the “Projects”);
AND WHEREAS one or more Projects may be constructed and operated in the Town of
Tillsonburg;
AND WHEREAS pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications
whose Projects receive formal support of Local Municipalities will be awarded Priority Points, which may result in these Applications being offered a FIT Contract prior to other persons
applying for FIT Contracts;
NOW THEREFORE the Council of the Town of Tillsonburg supports without reservation the
construction and operation of Projects in the Town of Tillsonburg. This resolution’s sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program
and may not be used for the purpose of any other form of municipal approval in relation to the
Application or Projects or any other purpose;
AND THAT this resolution shall expire on June 22, 2016.
EXECUTIVE SUMMARY
At its meeting of June 11th, 2015 Council meeting, Council received a delegation from Moose
Power Inc. The company made a request for a resolution of support from the Town of Tillsonburg Council under the FIT Program Version 4.0. At that time, staff had not reviewed the request. Council subsequently referred the request to staff for a report for the June 22, 2015
38
Council meeting. The purpose of Moose Power Inc’s request is to obtain Council endorsement by resolution, to support, in principle, rooftop solar projects in Tillsonburg under the FIT
Program, Version 4.0. The Town of Tillsonburg has provided such resolutions in the past
beginning in 2012.
CONSULTATION/COMMUNICATION
Attached is a copy of a report dated September 24, 2012 which outlines the requirement and process for a Council resolution in support of rooftop solar applications under the provincial
Feed-In Tariff (FIT) Program. Also included in this report is documentation provided by Moose
Power Inc. which describes the FIT Rules for Version 4.0 of the program.
The resolution as drafted is a blanket resolution that could be used by any company applying under the FIT Program Version 4.0 and doing work in the Town of Tillsonburg. As a result, the resolution does not apply only to Moose Power Inc.
Staff is recommending Council support the resolution as drafted which would be provided to any
participant making application under the FIT Program Version 4.0 and completing rooftop solar
projects in the Town of Tillsonburg.
COMMUNITY STRATEGIC PLAN IMPACT
Economic Sustainability 2.1 – Support new and existing businesses and provide a variety of
employment opportunities.
FINANCIAL IMPACT/FUNDING SOURCE
None
Page 2 / 2 CAO
39
Report Title Deputy Mayor Position
Report No. CL 16-29
Author Donna Wilson, Town Clerk
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments
RECOMMENDATION
THAT Council receives Report CL 16-29 Deputy Mayor Position;
AND THAT Council Choose Option 2, THAT for the next Municipal Election the Deputy Mayor
position be removed from the ballot and a Mayor and six (6) Councillors be elected at large.
EXECUTIVE SUMMARY
AT the Council meeting of September 12, 2016, Council passed the following resolution:
“Moved By: Councillor Rosehart Seconded By: Councillor Hayes
THAT Council directs the Clerk to investigate and report back no later than October 11, 2016 on
the process to possibly eliminate the position of the Deputy Mayor from the composition of
Tillsonburg Town Council.
Carried”
BACKGROUND
In November of 2002 Council passed By-Law 3036 to establish the number of elected members
on Council. This by-law increased the composition of Council from a Mayor and 5 Councillors to
a Mayor, an elected Deputy Mayor and 5 Councillors. Prior to this in 2000 to 2003 a by-law was
passed to appoint Councillors to act as a Deputy Mayor on three months terms.
Section 217 (1) of the Municipal Act, allows a local municipality to change the composition of its
council subject to the following rules:
1. There shall be a minimum of five members, one of whom shall be the head of council.
Page 1 / 4 CL 16-29 Deputy Mayor Position
40
2. The members of council shall be elected in accordance with the Municipal Elections
Act, 1996.
3. The head of council shall be elected by general vote.
4. The members, other than the head of council, shall be elected by general vote or wards
or by any combination of general vote and wards.
5. The representation of a local municipality on the council of an upper-tier municipality shall not be affected by the by-law of the local municipality under this section. 2001,
c. 25, s. 217 (1); 2006, c. 32, Sched. A, s. 92 (1).
Section 220 of the Municipal Act authorizes a municipality to change the titles for its head of council and other members of its council.
Section 242 of the Municipal Act, 2001 states that a municipality may appoint a member of
council to act in the place of the head of council when the head of council is absent, refuses to
act or the office is vacant. Such member would have all the powers and duties of the head of
Council in his/her absence. The head of council is the Mayor for the Town of Tillsonburg and
Section 225 of the Act sets out the role of the head of council which includes: acting as chief
executive officer of the municipality; presiding over council meetíngs; providing leadership to
council; representing the municipality at official functions; and carrying out the duties of the head
of council under the Municipal Act, 2001 or any other Act.
The Town’s Procedural By-Law 3511 section 4.5 refers to the Deputy Mayor to act in the
absence of the Mayor and in the case of the Absence of the Deputy Mayor that a chair shall be
appointed by motion of the members. There are no further duties of the Deputy Mayor described
in the by-law.
There is no requirement in the Municipal Act to either appoint or to elect a Deputy Mayor for a
municipality. The Act allows municipalities to appoint a member of Council to act in the place of
the Mayor should he be ascent or unable to fulfil those duties. Most municipalities who do not
have a Deputy Mayor appoint an Acting Mayor. The average process is to appoint members to
assume the Mayor's role in instances where the Mayor is absent or has a conflict of interest that
precludes him/her from performing his/her duties on a rotating basis through by-law following
each municipal election .
Generally on Councils who have six (6) members plus a Mayor, each councillor is appointed for
a term of two months each year to perform acting Mayor duties as required. This term is usually
for a month or two at a time. The City of Woodstock appoints an Acting Mayor through a
nomination for a one year term. In January of each year there is a nomination process for an
Acting Mayor and if there are multiple nominations then the Clerk would oversee an internal
election process. Council could either appoint an acting Mayor on a rotating basis or follow a
nomination process to fill the role for a specified term. The process to either appoint or nominate
Page 2 / 4 CAO
41
an Acting Mayor/Deputy Mayor would be the first order of business for the newly elected council
after each Municipal Election and a by-law would be brought forward for the appointment(s).
CONSULTATION/COMMUNICATION
A review of (20) similarly sized municipality’s was conducted to determine if their municipal
council had an appointed Deputy Mayor position. Eleven of the twenty-two Councils polled have
an appointed Deputy Mayor/Acting Mayor position and eleven have an elected Deputy Mayor position.
Municipality Size of Council Deputy Mayor
Town of Pelham 7
Town of Petrolia 7 No
St. Mary’s 7 No
St. Thomas 8 No
Smith Falls 7 no
Town of Erin 6 No
Township of South West Oxford 7 No
Township of Blandford-Blenheim 5 No
Township of Norwich 5 No
Township of Zorra 5 No
Woodstock 7 No
Municipality Size of Council Deputy Mayor
Goderich 7 Yes
Ingersoll 7 Yes
Middlesex Centre 7 Yes
Aylmer 7 Yes
Municipality of Bayham 5 Yes
Town of Hanover 7 Yes
Thames Centre 5 Yes
Township of East Zorra Tavistock 7 Yes
Township of Perth East 7 Yes
Town of Essex 7 Yes
Town of Tecumseth 7 Yes
Of the fifteen larger municipalities polled (approximately double our population), thirteen (13) did
not have an elected Deputy Mayor position and two (2) had a Deputy Mayor position elected at
large. Those municipalities who do not have an elected Deputy Mayor include, Barrie, Halton
Hills, Stratford, Clarington, Whitchurch-Stouffville, Pelham, Whitby, Richmond Hill, Orillia,
Newmarket, Milton, Fort Erie and Belleville. Vaughan and Owen Sound had a Deputy Mayor
elected at large.
Page 3 / 4 CAO
42
Suggested options/resolutions that staff reviewed are as follows:
Option 1 – Do nothing and retain the elected Deputy Mayor position for the Town of Tillsonburg:
THAT Council receives Report CL 16-29, Deputy Mayor Position as information;
AND THAT Council retains the Deputy Mayor position for the Town of
Tillsonburg.
Option 2 – That for the next Municipal Election a Mayor and six (6) Councillors be elected at large:
THAT Council receives Report CL 16-29, Deputy Mayor Position;
AND THAT for the next Municipal Election the Deputy Mayor position be removed from the ballot and a Mayor and six (6) Councillors be elected at
large.
FINANCIAL IMPACT/FUNDING SOURCE
Currently the Deputy Mayor is remunerated at $13,656.24 per year and a Councillor position is
remunerated at $12, 337.52 per year. The Council Budget will be slightly reduced by
approximately $1,218.72 per year.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Council as a whole demonstrates an excellence in local government and accountability through
increased opportunities for citizens and stakeholders to be included in oversight on municipal
operations.
Page 4 / 4 CAO
43
Report Title Municipal Elections Modernization Act, Bill 181
Report No. CL 16-30
Author Donna Wilson
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments
RECOMMENDATION
THAT Council receives report CL 16-30 2018 Municipal Elections Modernization Act, Bill 181, as information.
OBJECTIVE
To provide Council with an update regarding Bill 181 that came into effect in June 2016 amending the Municipal Elections Act.
EXECUTIVE SUMMARY The Municipal Elections Act, 1996 covers administration of the election process, including:
• Elections of persons
• Questions on the ballot (aka - referendums)
• Roles and responsibilities of the municipal clerk, municipal council, school board, school
board secretary, candidates, electors
• Rules related to voting, voter and candidate eligibility
• Method of voting
• Campaign and campaign finance rules
• Compliance, enforcement and penalties
The Municipal Elections Modernization Act, 2016, or Bill 181, made changes to the Municipal Elections Act, 1996. Some of these changes come into effect immediately after Royal Assent and certain changes do not come into effect until April 1, 2018, in time for the next municipal
election.
This report outlines the main changes involving the way election officials conduct the municipal election. Other changes impact candidates and still other changes restrict campaign contributions and electors.
Page 1 / 10 CL 16-30 Mun Election Modernization Act
44
The Ministry of Municipal Affairs conducted public consultations and reviews of the Municipal
Elections Act prior to Bill 181 receiving First Reading in April 2016.
There are substantial changes to the Municipal Election Act now in place. Of note also is that
there are differences between municipal council candidates and school board candidates and the
conduct of these two elections if a ranked ballot system is used for municipal council candidates.
This requires additional preparation and resources for the election and the creation of an
extensive awareness program for electors and candidates.
A complete reading of Bill 181 should be undertaken for details on all the changes
General Election Administration:
Change Action Required
1. Municipalities and school boards need to
establish policies regarding the use of
municipal / board resources during a
campaign
Develop a policy for the Use of Corporate
Resources
2. Councils may adopt by-laws to establish
policies prior to the election setting out
conditions for recounts to be conducted
by the clerk
Develop Recount Policy based on Bill 181
for Council’s consideration for when
recounts will be conducted
3. Clerks, rather than Councils determine
dates and times for advance voting,
reduced voting hours in certain
institutions and early opening on voting
day
Include in Clerk’s Election Procedures
4. Advance voting cannot begin more than
30 days prior to Voting Day
Include in Clerk’s Election Procedures
5. Clerks have the authority to provide for
electronic filing for financial statements
Include in Clerk’s Election Procedures and
Candidate Nomination Kits
6. Electors prohibited from taking
photographs or videos of their marked
ballots
Public Awareness
7. Certain election documents can be
submitted electronically to the Clerk.
Certain notices can be sent by the Clerk
electronically
Include in Clerk’s Election Procedures
8. Original signatures still required on
candidate nomination forms, third party
advertiser registration forms and proxy
appointment forms
Include in Clerk’s Election Procedures and
Candidate Nomination Kits
Page 2 / 10 CAO
45
Election Calendar and Filing Deadlines
Change Action Required
9. Opening of candidate nomination
period changed from January 1 to May
1 of a regular election year
Shorter nomination period needs to be
promoted
Public Awareness
Include in Candidate Nomination Kits
10. Nomination Day (last day to file
candidate nomination papers with the
Clerk) changed from second Friday in
September to fourth Friday in July
Earlier date of filing deadline needs to be
promoted
Public Awareness
Include in Candidate Nomination Kits
11. Deadline for a by-law to be adopted by
council to submit a question to the
electors under s 8 of the Municipal
Elections Act, changed from May 1 to
March 1
Prior to adopting a by-law, 10 days’ notice
of intention to pass the by-law is required
to be given to the public.
Budget implications to include a question
on the ballot, as the municipality may need
to conduct a campaign / education for
electors regarding the question on the
ballot
12. Deadline to pass by-laws to authorize
the use of alternative voting and vote
counting equipment changed to May 1
in the year before the election
Election Budget implications
13. Deadline for municipal clerk to have
election procedures, forms, alternate
voting and vote counting equipment in
place, changed to December 31 in the
year before the election.
Budget implications depending on decision
of council regarding alternate voting
method and vote counting equipment:
• Paper ballot w manual count
• Paper ballot w vote tabulators
• Mail in ballots w vote tabulators
• Internet and telephone voting
• Internet voting
• Internet and paper ballot w vote
tabulators
• Any of the above w ranked ballots
Eligibility:
Change Action Required
14. Candidates running for municipal office
must be endorsed by at least 25
persons eligible to vote in an election
for an office within the municipality, if
a regular election held on the day that
the person endorses the nomination
(This does not apply to school board
candidates)
Requirement for at least 25 signatures of
electors with Nomination Paper needs to
be promoted
Include in Clerk’s Election Procedure
Public Awareness
Candidate Nomination Kits
Page 3 / 10 CAO
46
15. Individuals endorsing a Candidate for
municipal office need to sign a
declaration stating they were eligible to
vote in the municipality on the day that
they signed the Candidate
endorsement (This does not apply to
school board candidates)
Requirement to sign a declaration needs to
be promoted
Include in Clerk’s Election Procedure
Public Awareness
Candidate Nomination Kits
Voters’ List:
Change Action Required
16. Clerk now able to determine how
applications can be submitted to amend
the Voters’ List
Requirement for an elector to submit an
application to amend the Voters’ List in
person or in writing can now be expanded
to include other formats
Include in Clerk’s Election Procedure
17. Process to remove the name of persons
who are deceased from the Voters’ List,
has been simplified
Include in Clerk’s Election Procedure
18. Clerks now authorized to remove the
names of persons they know to be
deceased
Include in Clerk’s Election Procedure
Accessibility:
Change Action Required
19. Clerks now required to prepare a plan
for the identification, removal and
prevention of barriers that affect voters
and candidates with disabilities and
make that plan available to the public
before Voting Day. Following the
election, a report to be made available
to the public within 90 days after the
election.
Further consultation with the Accessibility
Advisory Committee once decisions made
by council regarding alternate voting and
vote counting equipment
Budget implications depending on
decision of council regarding alternate
voting and vote counting equipment
20. Use of registered mail is no longer
required by the Municipal Elections Act
21. The requirement for original signatures
is now limited to Nomination papers,
Third Party registration forms and Proxy
application forms, if applicable
Include in Clerk’s Election Procedure
Candidate Nomination Kits
Page 4 / 10 CAO
47
Campaign Finance:
Change Action Required
22. Corporations and trade unions are
prohibited from contributing to
municipal election campaigns. This
applies to both council and school board
elections.
The requirement that only an individual
who normally is a resident in Ontario and
the candidate and his/her spouse can
make a donation to the candidate’s
election campaign, requires promotion
Public Awareness
Candidate Nomination Kits
23. Candidates do not have to open a bank
account if they do not raise or spend
money
Include in Candidate Nomination Kits that
a candidate who does not accept any
contributions of money, or incur any
expenses, is not required to open a bank
account
24. If a Candidate sells items for $25 or less
in order to raise campaign funds, the
money is considered campaign income
rather than a contribution. Candidate
does not need to issue a receipt in this
case, or make sure that the person
buying the item is eligible to make a
campaign contribution
Include in Candidate Nomination Kits
25. Anonymous and cash contributions to a
Candidate cannot exceed $25
Include in Candidate Nomination Kits
26. Contributions over $25 have to be made
in a way that links the contributors’
name and account with the payment or
by money order
27. The Nomination Fee is no longer
deemed to be a campaign expense
Update Campaign Expense Forms
28. A new spending limit for candidates has
been established for parties and
expressions of appreciation after Voting
Day
Include in Candidate Nomination Kit
29. After the 2018 election, campaign
deficits are no longer carried forward
from the previous campaign
Include in Candidate Nomination Kit
30. Expenses related to the preparation of
the auditor’s report that accompanies
the Candidate’s financial statement can
be incurred after December 31
Include in Candidate Nomination Kit
Page 5 / 10 CAO
48
Third Party Advertising:
Change Action Required
31. The Municipal Elections Act now
includes a framework for third party
advertising. The rules come into effect
on April 1, 2018 so that they will be in
place for the 2018 municipal election
Will require review and research to
determine impact and budget
implications.
Include in Clerk’s Election Procedures
Third party advertisements are messages
in any medium that supports or opposes a
candidate or a yes or no vote on a
question on the ballot.
Third party advertisements do not include
“issues-based advertising” so groups that
do public outreach can continue their
issued-based advocacy work
Advertising that does not cost money to
post or broadcast such as comments
made on social media, are not considered
third party advertising
32. Individuals, corporations and trade
unions can register as Third party
advertisers and make contributions to
third party advertises.
There is no registration fee for Third party
advertises
33. Third party advertisers need to register
with the municipality where they want
to advertise.
Registration allows a Third party
advertiser to promote or oppose any
candidate that the electors in the
municipality can vote for – council office,
school board trustee positions
The Clerk to certify or reject the
registration
34. Third party advertising must be done
independently of candidates. Candidates
are not able to direct a Third party
advertiser. Candidates are not able to
register as third party advertisers
Include in Candidate Nomination Kit
Include in Clerk’s Election Procedure
Public Awareness
35. Spending limits apply Campaign finance rules apply to Third
party advertisers
36. Rules for determining whether two
corporations should be considered as a
single corporation are simplified. This
relates to whether contributions from
two corporations should count towards
the same contribution limit to Third
party advertisers
37. Candidates are required to inform
contributors of contribution limits
Public Awareness
Candidate Nomination Kits
Page 6 / 10 CAO
49
Campaigning:
Change Action Required
38. Included in the Municipal Elections Act
that Candidates have access to
apartment buildings, condominiums,
non-profit housing co-ops and gated
communities between 9:00 am and 9:00
pm in order to campaign
Include in Candidate Nomination Kit
Public Awareness
39. Candidates and Third party advertisers
need to identify themselves on
campaign advertisements and signs so
that it is clear who is responsible for
each sign and advertisement that
appears or is broadcast.
Review City’s Sign By-law regarding
election signs
Public Awareness
Candidate Nomination Kits
40. Candidates must provide publishers /
broadcasters with the name, business
address and telephone number which
the broadcaster must retain for four
years
Include in Candidate Nomination Kit
Public Awareness
41. Municipality has greater authority to
remove illegally placed campaign signs
Review City’s Sign By-law regarding
election signs
Enforcement:
Change Action Required
42. The Candidate nomination fee is only
refundable if the financial statement is
filed on time.
Include in Clerk’s Election Procedure
Include in Candidate Nomination Kit
43. Candidates and Third-party advertisers
who fail to file financial statements have
a 30-day grace period to file the
required forms provided that they pay a
$500 late filing fee to the municipality
Include in Clerk’s Election Procedure
Include in Candidate Nomination Kit
44. Candidates and Third party advertisers
who have filed their financial statements
and then discover an error, can file a
corrected financial statement up until
the filing deadline
Include in Clerk’s Election Procedure
Include in Candidate Nomination Kit
45. Clerk is required to make a public report
of which Candidates filed financial
statements and which ones did not
Include in Clerk’s Election Procedure
Include in Candidate Nomination Kit
46. Clerk is responsible for reviewing
contributions that are reported on the
financial statements for council, school
Election Budget implications
Include in Clerk’s Election Procedure
Page 7 / 10 CAO
50
board and third party advertisers.
Clerk is required to report to the
Compliance Audit Committee if it
appears that a contributor gave more
than the contribution limits allow.
Compliance Audit Committee would
consider the report and decide whether
or not to commence a legal proceeding
against the contributor
47. It is now an offence to give, lend, offer
or promise someone money or other
compensation in order to induce a
person to run for office, not run for
office or withdraw from running for
office.
Include in Candidate Nomination Kit
Public Awareness
Compliance Audit Committee:
Change Action Required
48. Compliance Audit Committees are
required to provide brief written reasons
for their decision following an
investigation of a Candidate’s or Third
Party Advertiser’s financial statements.
Amend Terms of Reference
Amend Audit Committee Procedures
49. Compliance Audit Committee meetings
are required to be open to the public
Amend Terms of Reference
Amend Audit Committee Procedures
50. Electors can apply for a compliance
audit of a Third party advertiser’s
campaign finances
51. The Minister has the authority to make
a regulation setting out the
qualifications for compliance audit
committee members
Election Budget Implications
May need to consider establishing
remuneration for committee members
Ranked Ballots:
Change Action Required
52. Once the Province passes regulations
authorizing ranked ballot elections,
councils have the option to pass by-laws
to use ranked ballots starting for the
2018 municipal elections
May be multiple rounds of counting before
candidates in the municipal elections can
be declared winners.
May be several days following Voting Day
before election results available to the
public.
Election Budget Implications
Alternate voting system implications if at
large and ranked ballot election
Page 8 / 10 CAO
51
53. Ranked ballot elections allowed for only
municipal council elections – not school
board elections
Election Budget Implications
Amend Clerk’s Election Procedure : 1 set
of procedures for Council election and
another set of procedures for school board
election
54. The proposed rank ballot regulations
would cover consulting with the public
before a municipal council adopts a by-
law to implement ranked ballots, how
votes in a ranked ballot election would
be counted. The ranked ballot must be
for all races for municipal council.
Election Budget Implications
55. Steps in multi-member ranked ballot:
• Voters rank their choices [1, 2, 3 4, up
to the maximum number determined
previously by Council]
• Threshold number of votes to be
elected are calculated
• 1st place votes counted
• If sufficient candidates not elected and
some candidates have received greater
than the required threshold, distribute
those candidates proportionate surplus
votes to remaining candidates based on
the voter’s second choice and determine
new vote count
• If sufficient candidates not elected and
2 or more candidates receive, meet or
exceed the threshold, only highest vote
candidates are elected in First Round
and those candidates’ surplus votes
distributed to remaining candidates
(including those exceeding the
threshold) and determine new vote
count
• Continue until the number of candidates
to be elected have reach the threshold
Election results may not be available
following the close of polls on Voting Day.
May be several days following Voting Day
before election results available to the
public.
Restricted Acts Provisions (Lame Duck)
56. At this time the Ministry has not advised
on the changes to the restricted acts
provisions. Following the close of
nominations and the close of voting
day, municipal councils are restricted in
making certain decisions before the new
council is sworn in.
Under review
Page 9 / 10 CAO
52
Now that the close of nominations is
moved ahead to the end of July in an
election year, the restricted acts
provisions need to be considered.
NEXT STEPS
The ranked ballot regulations are now available and Council will have to make a decision fairly
soon on ranked ballot counting. A separate report would have to be prepared to outline the ranked ballot process if Council is interested in pursuing this vote counting method.
An additional report will be required in order for Council to determine voting methods and vote
counting equipment.
CONSULTATION/COMMUNICATION
Staff has attended a number of workshops and webinars during the Municipal Election Act review. Staff has reviewed changes to the act on the government website e-laws as well as the
Ministry of Municipal Affairs website. This link below provides a review of the Municipal
Elections Act Review from MAH. Staff has also attended a number of information sessions
regarding Municipal Elections Act changes.
http://www.mah.gov.on.ca/page11112.aspx#
FINANCIAL IMPACT/FUNDING SOURCE
The Election budget will need to be increased substantially if Council intends to proceed with a
ranked ballot election. Council will also have to determine the voting method and vote-counting
system to be used to determine budget impact. These matters are dealt with in a separate Pre-election report to seek direction from Council.
Even without changes to the voting method, ranked ballot and vote counting equipment, there is
a significant amount of work to be completed in 2017 due to the legislative changes made by the
passage of Bill 181.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Section 1 – Excellence in Local Government
1.3 Demonstrate accountability – Providing the public with regular updates on legislative
changes.
Page 10 / 10 CAO
53
Report Title Sign By-Law - Animated Signs
Report No. DCS 16-30
Author Geno Vanhaelewyn, Chief Building Official
Meeting Type Council Meeting
Council Date OCTOBER 10, 2016
Attachments Amended Schedule A: Permitted Sign Use/Property
Use Table
RECOMMENDATION
THAT Council receive Report DCS 16-30 Sign By-Law - Animated Signs;
AND THAT Council bring forward By-Law 4043, to amend By-Law 3798, being a by-law to
prohibit or regulate signs in the Town of Tillsonburg for consideration.
EXECUTIVE SUMMARY
Currently, Sign By-Law 3798 does not permit animated signs unless an application for a sign
variance is submitted, reviewed and approved on an individual basis. Recently staff was
instructed to provide information and feedback on the possibility of amending Sign By-Law 3798
and what options/regulations should be in effect for council to consider amending the by-law to permit animated signs to be placed within the Town of Tillsonburg without the need for a
variance process in every instance. The report reviews the items noted above summarizing the
findings with a recommendation to amend Sign By-Law 3798 to permit animated signs with
specific provisions.
CONSULTATION/COMMUNICATION
The primary goal of signage regulation is to ensure that signs are designed and located to
minimize clutter, maintain community character and prevent unsafe conditions.
“Animated Sign” means a sign or display screen that changes letters, words or images electronically and also includes any sign or viewing screen that contains motion or animation as
part of the message display and is used for advertising purposes.
1. Municipal Restrictive Comparisons
Due to a concern in restriction; staff compiled information from other municipalities as a
comparison. Out of the eight municipalities surveyed only three permit animated signs. These
comparisons are noted in the table below:
Page 1 / 10 DCS 16-30 Sign By-Law - Animated Signs
54
MUNICIPALITY ANIMATED
SIGNS
ALLOWED?
RESTRICTIONS/CONDITIONS
St. Thomas
(2006) No
Scrolling text is permitted but is not
to be illuminated in such a manner
as to create a traffic hazard or have a flashing effect.
Woodstock (2001) Yes
Election signs and sandwich board signs are not to be animated. Permit is required and signs are
subject to zoning, setback
requirements, etc.
Collingwood
(2012) No
Scrolling text signs are permitted
but are not permitted to flash or be
a visual distraction.
Norfolk County
(2009) Yes
Building permit must be obtained
from CBO. Light must be directed
away from any adjacent residential
properties.
Orangeville
(2013) No
Electronic message boards
allowed. Not allowed at core commercial properties.
Stratford (2004)
No
Electric signs and scrolling text are
permitted but are not allowed to flash. Sign can feature text, time
and temperature.
Cambridge
(2003) No
No type of animated signs or any
type of flashing light sign
whatsoever.
Ingersoll (1993) Yes Subject to approval by CBO and
permit is required.
2. Existing Animated Sign Statistics
Currently, there are 4 locations within the Town that feature “animated signs” based on definition. Staff is not aware of any complaints in relation to these signs as of the writing of this
report but that is not to be misconstrued into believing there will never be any complaints in the
future. The following information below summarizes statistics in relation to these signs.
Page 2 / 10 CAO
55
268 TILLSON AVE – MOFFATT & POWELL/RONA
268 Tillson Ave - Sign Location - Aerial View
268 Tillson Ave - Elevation
LOCATION ZONING SETBACK (road) TYPE (fixture) HEIGHT AREA DISTANCE FROM NEIGHBOURING
PROPERTIES
268 Tillson Ave SC 7.81 m (26’-0) (approx.) Pylon 5.4 m (18‘-0) 1.95 m2 (21 ft2) 28 m (92’-0) (R2) (approx.)
Page 3 / 10 CAO
56
170 SIMCOE ST - MCDONALDS
170 Simcoe St – Sign Location - Aerial View
170 Simcoe St - Elevation
LOCATION ZONING SETBACK (road) TYPE (fixture) HEIGHT AREA DISTANCE FROM NEIGHBOURING
PROPERTIES
170 Simcoe
St
SC 12 m (40’-0)
(approx.)
Pylon 4.3 m (14’-0) 1.85 m2
(20 ft2)
3.6 m (12’-0) (SC)
(approx.)
Page 4 / 10 CAO
57
143 NORTH ST E- DANBROOK AUTOMOTIVE
143 North Street E – Sign Location - Aerial View
143 North Street E - Elevation
LOCATION ZONING SETBACK
(road)
TYPE
(fixture)
HEIGHT AREA DISTANCE FROM
NEIGHBOURING PROPERTIES
143 North St East SC 9 m (30’-0) (approx.) Pylon 3.4 m (11’-0) 1.4 m2 (15 ft2) (approx.)
25 m (82’-0) (R1) (approx.)
Page 5 / 10 CAO
58
1 VANCE DRIVE- BR’s PLUMBING & HEATING
1 Vance Drive – Sign Location – Aerial View
1 Vance Drive - Elevation
LOCATION ZONING SETBACK
(road)
TYPE
(fixture)
HEIGHT AREA DISTANCE
FROM NEIGHBOURING
PROPERTIES
1 Vance Dr SC 36 m (118 ft) (approx.) Wall Sign 4.3 m (14’-0) 3.7 m2 (40 ft2) 18 m (59’-0) (SC) (approx.)
Page 6 / 10 CAO
59
3. Consultation
In consultation with various municipalities the major concerns and issues reported were related
to light pollution and driver distraction/interference.
Internally, the following comments were received:
Engineering Services
• requested that specific wording be added to ensure that animated signs remain at least
100 meters (328 feet) away from all pedestrian cross walks, controlled intersections and
signalized intersections in order to avoid distractions and light interference.
Planning/Zoning/By-law
• 2012 Central Area Design Study which encompasses the Central Commercial and
Entrepreneurial zones does not support the use of animated signs and therefore should
be restricted in these zones.
• recommend that specific wording be added to ensure that animated signs remain at least 30 meters (98.4 feet) away from all residential uses in order to avoid the adverse effects
of light pollution.
• recommend that specific wording be added to ensure that animated signs remain at least
30 meters (98.4 feet) away from all passive recreation (parks) zones to avoid adverse effects of light pollution.
• recommend that specific wording be added to prevent signage to emit lighting
perpendicular to a street to prevent driver distraction.
• recommend that general wording be added to prevent light pollution nuisances for all
instances.
Staff reviewed the items noted above and summarized the results along with recommendations below.
4. Recommendations
The following provisions of the existing by-law must be amended should council consider permitting animated signs within the Town of Tillsonburg.
Section 2.1 Definitions
Delete existing definition
“Animated Sign:
Means a sign which contains a video screen or any kinetic or illusionary motion of all
or part of a sign, including rotations; or any sign which is manually displayed by an individual for the purposes of advertising, or any sign which is projected on a display
surface by electronic means, but does not include an electronic message board sign
or a spinning portable sign.”
Page 7 / 10 CAO
60
Insert updated definition
“Animated Sign:
Means a sign or display screen that changes letters, words or images electronically,
has illusionary motion and also includes any sign or viewing screen that contains
motion or animation as part of the message display.”
Section 5.1 SPECIFIC SIGN PROHIBITIONS
Delete the words “or animated”
f) flashing or animated signs;
Section 8 SPECIFIC SIGN REGULATIONS
Animated Sign Provisions
Insert
“8.0 ANIMATED SIGNS
a) No animated sign shall be erected without first having obtained a building permit issued
by the Chief Building Official.
b) Animated signs may only be installed in Service Commercial, Industrial and
Institutional zones.
c) Animated signs shall not have a display area larger than 2.4 square meters (25 square
feet).
d) Animated signs shall not be placed any higher than 5.5 meters (18 feet) from average
grade.
e) Animated signs shall have a radius setback of 30 meters (98.4 feet) to any residential
or passive use recreation zoned properties and any property used for residential or
passive use purposes.
f) Animated signs shall have a 150 meter (492 ft.) setback from other animated signs.
g) Animated signs shall not be permitted to be located on the facade of a structure
facing a street.
h) No animated signs shall be illuminated in such a manner that creates a nuisance to
any neighbouring property as determined by the By-Law Enforcement Officer,
Page 8 / 10 CAO
61
i) No animated signs shall be placed or illuminated in such a manner that creates a
distraction or interferes with any traffic signal or controlled intersection at any travelled
roadway as determined by the Director of Operations or By-Law Enforcement Officer.
i) No animated sign shall be placed closer than 100 meters (328 ft.) to any signalized or
controlled intersection and pedestrian cross walks.
j) All animated signs shall be installed with a lumen control device and shall be operable
at all times. The lumen control device will be set to adjust according to the ambient light
in such a way not to adversely affect or create a nuisance to any neighbouring properties.
k) Animated signs shall not appear to be flashing and must have a minimum dwell time of
5 seconds.”
Schedule A: Permitted Sign Use/Property Use Table
Insert
“Animated Signs” (see Schedule A attachment to this report)
PROSPOSED BY-LAW CHANGES - COMPARISON TABLE
ITEM CHANGES
Definitions & Interpretation (Section 2.1) Better define what constitutes an “Animated Sign” for the purpose of the
proposed provisions.
Prohibitions (Section)
Electronic Message Board Signs (Section)
Section 5.1 f) and Section 8.4 a) the
reference to “animated” signs removed in
order to permit.
Specific Sign Regulations (Section 8) Provisions as described above for
animated signs will be added to Section
8 (will be 8.0).
Page 9 / 10 CAO
62
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
N/A
Page 10 / 10 CAO
63
SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE
TYPE OF SIGN S.Permit ?RESIDENTIAL INDUSTRIAL COMMERICAL INSTITUTIONAL FUTURE DEVELOPMENT ENTREPRENEURIAL CENTRAL COMMERCIAL
Allowed Allowed Allowed
AREA: 2.4 m² (26 ft²) AREA: 2.4 m² (26 ft²) AREA: 2.4 m² (26 ft²)
HEIGHT: 6.1 m (20 ft)HEIGHT: 6.1 m (20 ft)HEIGHT: 6.1 m (20 ft)
8.1
Allowed: one sign
AREA:19 m2 (200 ft2)Not Permitted
HEIGHT: 7.5 m (24.61 ft)
Allowed: one per property, provided
no awning or wall sign already
Allowed: No Maximum - Multi-
Res Only Allowed: No Maximum Allowed: No Maximum Allowed: No Maximum Allowed: No Maximum Allowed: No Maximum
4.1 AREA: 0.3 m2 (3.23 ft2)AREA: 3.0m2 (39.29 ft2)AREA: 0.5 m2 (5.38 ft2)AREA: 3.0m2 (39.29 ft2)Not Applicable AREA: 0.3 m2 (3.23 ft2)AREA: 0.3 m2 (3.23 ft2)
HEIGHT: 1.22 m (4 ft)HEIGHT: 2 m (6.56 ft)HEIGHT: 2 m (6.56 ft)HEIGHT: 2 m (6.56 ft)HEIGHT: 1.22 m (4 ft)HEIGHT: 1.22 m (4 ft)
Allowed: one as part of ground,
pylon, or monolith sign
Allowed: one as part of ground,
pylon, or monolith sign
Allowed: one as part of ground,
pylon, or monolith sign
AREA: 50% of area of ground,
pylon, or monolith sign
AREA: 50% of area of ground,
pylon, or monolith sign
AREA: 50% of area of ground,
pylon, or monolith sign
Allowed: one per property,
provided no pylon or monolith
sign already
Allowed: one per property,
provided no pylon or monolith
sign already
Allowed: one per property,
provided no pylon or monolith
sign already
Allowed: one per property,
provided no pylon or monolith
sign already
Allowed: one per property, provided
no pylon or monolith sign already
AREA: 6.0 m2 (54.58 ft2)AREA: 3.75 m2 (40.36 ft2)AREA: 6.0 m2 (54.58 ft2)AREA: 1.5 m2 (16.15 ft2)AREA: 3.75 m2 (40.36 ft2)
HEIGHT: 3 m (9.84 ft)HEIGHT: 3 m (9.84 ft)HEIGHT: 3 m (9.84 ft)HEIGHT: 1.5 m (4.92 ft)HEIGHT: 3 m (9.84 ft)
Allowed: one per drive through
lane
2.1 AREA: 4 m2 (43.06 ft2)
HEIGHT: 3.65 m (11.98 ft)
Allowed Allowed Allowed Allowed
8.6 AREA: 4.7m2 (51 ft2)AREA: 4.7m2 (51 ft2)AREA: 4.7m2 (51 ft2)AREA: 4.7m2 (51 ft2)
HEIGHT: 2 m (6.56 ft)HEIGHT: 2 m (6.56 ft)HEIGHT: 2 m (6.56 ft)HEIGHT: 2 m (6.56 ft)
Animated Sign 8.0 YES Not Permitted Not Permitted Not Permitted Not Permitted
YES
YES
YES
NO
YES
YES
YES
YES
Allowed: one per property, provided
no canopy or wall sign already
Not Permitted
Not Permitted
Allowed Allowed Not Applicable
AllowedAllowedAllowed
Not Permitted
Not Permitted
Not Permitted Not Permitted Not Permitted
Not Permitted Not Permitted
8.4
8.3
8.5
Canopy Sign
Billboard Sign
Ground Sign
Electronic
Message
Board
Not Permitted
Mobile Sign
Menu Board
Sign
Awning Not Permitted Not Applicable Not Permitted
Directional
Sign
Not Permitted
8.2
Allowed
Not Permitted
Not Permitted
Not Permitted
Not Permitted Not Permitted
Not Permitted
Not Permitted
Not Permitted
Not PermittedNot Permitted Not Permitted
64
SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE
Allowed: one per property,
provided no ground sign
already
Allowed: one per property,
provided no ground sign
already . Not permitted in NC
zone.
Allowed: one per property,
provided no ground sign
already
Allowed: one per property, provided
no ground sign already
AREA: 18.6 m2 (200 ft2) AREA: 18.6 m2 (200 ft2) AREA: 18.6 m2 (200 ft2) AREA: 18.6 m2 (200 ft2)
HEIGHT: 9.75 m (31.99 ft)HEIGHT: 9.75 m (31.99 ft)HEIGHT: 9.75 m (31.99 ft)HEIGHT: 9.75 m (31.99 ft)
TYPE OF SIGN S.Permit ?RESIDENTIAL INDUSTRIAL COMMERICAL INSTITUTIONAL FUTURE DEVELOPMENT ENTREPRENEURIAL CENTRAL COMMERCIAL
Allowed: two per property
AREA: 3.0m2 (39.29 ft2)
HEIGHT: 2 m (6.56 ft) (if ground sign)
Overhanging
Sign 5.1 N/A Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted
Allowed: one sign Allowed: one sign
AREA: 0.3 m2 (3.23 ft2)AREA: 0.3 m2 (3.23 ft2)
Allowed Allowed Allowed Allowed Allowed Allowed
AREA: 1 m2 (10.76 ft2)AREA: 1 m2 (10.76 ft2)AREA: 1 m2 (10.76 ft2)AREA: 1 m2 (10.76 ft2)AREA: 1 m2 (10.76 ft2)AREA: 1 m2 (10.76 ft2)
HEIGHT: 1.25 m (4.10 ft)HEIGHT: 1.25 m (4.10 ft)HEIGHT: 1.25 m (4.10 ft)HEIGHT: 1.25 m (4.10 ft)HEIGHT: 1.25 m (4.10 ft)HEIGHT: 1.25 m (4.10 ft)
5.1 Allowed: one per structure Allowed: one per structure Allowed: one per structure Allowed: one per structure Allowed: one per structure Allowed: one per structure Allowed: one per structure
AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)AREA: 0.1 m2 (1.08 ft2)
Allowed: one per drive through
lane
AREA: 2 m2 (21.53 ft2)
HEIGHT: 2.5 m (8.20 ft)
Allowed: max four per model home/sales office in a registered subdivision development
Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign
NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)NO BDG PMT AREA: 0.5 m2 (5.38 ft2)
BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)BLDG PMT AREA: 6 m2 (64.58 ft2)
HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)HEIGHT: 7.5 m (24.61 ft)
Allowed: one per lot frontage* Allowed: per lot frontage Allowed: per lot frontage Allowed: per lot frontage Allowed: per lot frontage Allowed: per lot frontage* Allowed: one per lot frontage /unit
AREA: 1.11 m2 (12 ft2)AREA: 12.0 m2 (129.17 ft2)AREA: 6.0 m2 (64.58 ft2)AREA: 6.0 m2 (64.58 ft2)AREA: 12.0 m2 (129.17 ft2)AREA: 1.11 m2 (12 ft2)
AREA: 3.0 m2 (32.29 ft2) /1.11 m2
(12 ft2)
YES
Not Permitted
AREA: 1 m2 (10.76 ft2)
HEIGHT: 1.25 m (4.10 ft)
YES
N/A
NO
NO
NO
YES
NO
NO
NO
Not Permitted
8.7
8.8
8.9
8.11
8.12
8.13
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Portable Sign (A-
Frame,
Sandwich, etc)
Not Permitted
Poster
Pre-menu
Board Sign
4.1
Roof Sign
Promotional
Subdivision
Development
Direction Sign
Promotional
Construction
Real Estate
Sign
2.1
5.1
Multi-Unit
Residential
Sign
Monolith /Pylon
Sign
Not PermittedNot PermittedNot Permitted Not Permitted
Personal Sign Not Permitted Not Permitted Not Permitted Not Permitted
Not Permitted Not Permitted
Not Permitted Not PermittedNot Permitted
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Not Permitted
Not Permitted Not Permitted Not Permitted
Not Permitted
Not Permitted
65
SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE
* Residential Real Estate Signs - in the case of a co-listing 2 signs are permitted.
TYPE OF SIGN S.Permit ?RESIDENTIAL INDUSTRIAL COMMERICAL INSTITUTIONAL FUTURE DEVELOPMENT ENTREPRENEURIAL CENTRAL COMMERCIAL
Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign Allowed: one sign
AREA: 0.75 m2 (8.07 ft2)AREA: 0.75 m2 (8.07 ft2)AREA: 0.75 m2 (8.07 ft2)AREA: 0.75 m2 (8.07 ft2)AREA: 0.75 m2 (8.07 ft2)
HEIGHT: 1.0 m (3.28 ft)HEIGHT: 1.0 m (3.28 ft)HEIGHT: 1.0 m (3.28 ft)HEIGHT: 1.0 m (3.28 ft)HEIGHT: 1.0 m (3.28 ft)
WIDTH: 0.75 m (2.46 ft)WIDTH: 0.75 m (2.46 ft)WIDTH: 0.75 m (2.46 ft)WIDTH: 0.75 m (2.46 ft)WIDTH: 0.75 m (2.46 ft)
Allowed: one per 150 m road
frontage of draft plan of
subdivision site to a max of 4
Allowed: one per 150 m road
frontage of draft plan of
subdivision site to a max of 4
Allowed: one per 150 m road
frontage of draft plan of
subdivision site to a max of 4
Allowed: one per 150 m road
frontage of draft plan of
subdivision site to a max of 4
AREA: 25 m2 (269.09 ft2)AREA: 25 m2 (269.09 ft2)AREA: 25 m2 (269.09 ft2)AREA: 25 m2 (269.09 ft2)
HEIGHT: 6.0 m (19.69 ft)HEIGHT: 6.0 m (19.69 ft)HEIGHT: 6.0 m (19.69 ft)HEIGHT: 6.0 m (19.69 ft)
AREA: 1.0 m2 (10.76 ft2)
In CC zone - allowed, provided no awning or canopy sign already
Allowed: one sign, must meet area requirements Allowed
AREA: 50 % of window area distributed across 100% of the glass
8.17 AREA: Residential buildings within the DOWNTOWN area are allowed 10% of the window area
YES
YES
YES
Allowed: Unlimited in terms of number of signs, but must meet area requirements
Window Sign
Wall Sign 8.16
The total area of any single wall sign per business premise shall not exceed 35 m² (375.74 ft2).
Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed.
8.14
8.15 Not Applicable Not Applicable Not ApplicableSubdivision
Development
Not Permitted Sidewalk Sign Not Permitted NO
AREA: 30% of window across
100% of glass
Not Permitted
Allowed: one per residential
home occupation directly
attached to the dwelling wall Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0.75 m2 (8.07 ft2) per horizontal linear meter of the wall face.
66
SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE
67
Report Title Sign By-Law - Off-Premise Advertising on Animated
Signs
Report No. DCS 16-31
Author Geno Vanhaelewyn, Chief Building Official
Meeting Type Council Meeting
Council Date OCTOBER 11, 2016
Attachments N/A
RECOMMENDATION
THAT Council receive Report DCS 16-31 Sign By-Law - Off-Premise Advertising on Animated
Signs for information; and
FURTHER RESOLVE THAT the current sign by-law not be amended to permit off-premise
advertising on animated signs.
EXECUTIVE SUMMARY
Staff was instructed by Council to research and provide information and feedback on the
possibility of amending Sign By-Law 3798 to permit animated signs to display off-premise
advertising within the Town of Tillsonburg. This report reviews the items noted above
summarizing the findings with a recommendation not to amend Sign By-Law 3798.
CONSULTATION/COMMUNICATION
The primary goal of signage regulation is to ensure that signs are designed and located to
minimize clutter, maintain community character and prevent unsafe conditions. The basic
research question being addressed in this report is whether off-premise advertising on animated signs is essential for the economic well-being of the community without outweighing the
community’s values, character and safety.
“Animated Sign” means a sign or display screen that changes letter, words or images
electronically and also includes any sign or viewing screen that contains motion or animation as part of the message display and is used for advertising purposes.
Off-premise advertising refers to the use of signs as a medium to advertise or inform about a
business, goods for sale or products not available on the property upon which the sign is
located.
Off-premise advertising is permitted in the current by-law when
located on an approved billboard sign. Billboard signs are only
permitted to be located on Future Development Zoned
(undeveloped) properties but are not electronic or animated. Off premise signage can also be placed when advertising a community Billboard
Page 1 / 4 DCS 16-31 Sign By-Law - Off-Premise Adve
68
non-for-profit organization/event or directional signage for development and real estate open houses.
In consultation with various municipalities, research found that only two of the eight municipalities surveyed permit off-premise advertising. The following municipal comparisons are
noted in the table below.
MUNICIPALITY
ANIMATED
SIGNS PERMITTED
OFF-PREMISE
ADVERTISING PERMITTED
St. Thomas
(2006) No No
Woodstock
(2001) Yes Yes
Collingwood
(2012) No No
Norfolk County
(2009) Yes Yes
Orangeville
(2013) No No
Stratford (2004) No No
Cambridge
(2003) No No
Ingersoll (1993) Yes No
Off-Premise Advertising Issues
In consultation with other municipalities, it was identified that permitting off-premise advertising may bring forth challenging issues. The following table identifies some of the positive and negative points collected related to animated off-premise advertising.
Page 2 / 4 CAO
69
Positive Negative
Provides a potential revenue source for the
property owner hosting an off-premise
advertising sign.
Control of the type of advertising becomes
more complicated as out of town businesses
may have the opportunity to advertise;
potentially taking away customers from businesses located in Town.
Provides exposure to off-site businesses and
businesses with low or no exposure.
Potentially undermines the purpose of
acquiring prime retail locations within the
Town.
Animated signs allow for a clean and
organized advertising medium for off-premise
advertising.
Animated off-premise advertising will cause
confusion and increase the placement of other
forms of off-premise advertising not permitted, therefore increasing sign complaints requiring additional municipal resources.
Anticipate that the number of animated signs
will increase due to the offset in cost for
selling off-premise advertising causing change
to the Towns character (streetscape) and
safety (driver distractions).
A very small percentage of all businesses will have an advantage/opportunity to advertise.
In review of the information collected; permitting off-premise advertising on animated signs will:
- increase the number of animated signs potentially changing the community’s streetscape/character.
- increase driver distractions causing unsafe conditions due to the expected increase in
signage.
- increase other forms of off-premise advertising not permitted requiring additional
resources for enforcement.
Therefore, it is not recommended that the current sign by-law be amended to permit off-premise
advertising on animated signs. Although this type of off-premise advertising is not permitted,
Section 9 of the by-law provides a variance avenue for consideration. This is the recommended
approach which allows specific input and feedback on an individual basis from neighbouring property owners, BIA, Chamber, internal and external agencies. This allows the Town to
consider exceptions to the by-law while ensuring safety, environmental and community
appearance impacts are reasonably maintained.
Page 3 / 4 CAO
70
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A
Page 4 / 4 CAO
71
Report Title OCIF Formula-Based Funding Agreement
Report No. FIN 16-29
Author Janelle Costantino, Acting Director of Finance
Meeting Type Council Meeting
Council Date OCTOBER 11, 2016
Attachments N/A
RECOMMENDATION
THAT Council receives report FIN 16-29 OCIF Formula-Based Funding Agreement;
AND THAT Council authorize Mayor and Clerk to execute the Ontario Community Infrastructure
Fund – Formula-Based Funding Contribution Agreement with Her Majesty the Queen in Right of
Ontario and associated By-Law 4045, which replaces By-Law 3862. EXECUTIVE SUMMARY
The Province of Ontario has revised and expanded the Ontario Community Infrastructure Fund –
Formula-based Component (OCIF-Formula) Allocation beginning in 2017. As such, a revised
Contribution Agreement and By-Law is required at this time in order to accept the 2017 OCIF Formula-based funding allocation.
BACKGROUND
The Province created the Ontario Community Infrastructure Fund to provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; further strengthen municipal asset management practices within small
communities; and help small communities use a broad range of financial tools to address critical
infrastructure challenges and provide long-term financial support for the rehabilitation and repair
of core infrastructure for those in most need. The Ontario Community Infrastructure Fund is composed of two components: the Application-
Based Component; and the Formula-Based Component. The Formula-Based Component of the
Ontario Community Infrastructure Fund is based on a municipality’s local fiscal circumstances
and its total core infrastructure assets with a minimum grant of fifty thousand dollars ($50,000.00).
Although an agreement and By-Law was already in place for 2017 OCIF formula funding, 2017
was the last year that agreement would have been able to provide funding without an
amendment. In addition, the Province decided to expand the OCIF formula funding beginning in 2017 and going forward, to provide municipalities additional funding for core infrastructure. It was determined that a new agreement would be the best course of action.
Page 1 / 2 FIN16-29 OCIF Formula Based Funding agre
72
As a result, the new agreement replaces the previous agreement, ending in 2017, but also
allows the agreement to go beyond that year. As per section 5.1 of the new agreement, if
executed, the Town would receive 2017 funding under the new agreement and not the previous
one, thus making the previous prematurely expire for all intents and purposes. Under this agreement, the Town’s 2017 formula allocation is higher; $100,429 versus the current agreement of $54,870.
As the 2018 and 2019 allocations are “proposed”, the Town will receive a revised allocation
notice each year which will take the place of the previous allocation notice, and confirms that year’s formula funding
FINANCIAL IMPACT/FUNDING SOURCE
The Town’s OCIF Formula-Based funding allocation for 2017, 2018 and 2019 are $100,429,
$142,637 (proposed) and $222,386 (proposed) respectively.
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
N/A
Page 2 / 2 CAO
73
Report Title Jul-Sep 2016 RCP Departmental Activity Reports
Report No. RCP 16-33
Author Rick Cox, Director of Recreation, Culture & Parks
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments
• Jul-Sep 2016 Activity - Recreation Programs &
Services
• Jul-Sep 2016 Activity – Culture & Heritage
• Jul-Sep 2016 Activity – Parks & Facilities
RECOMMENDATION
THAT Council receive Report RCP 16-33 – Jul-Sep 2016 RCP Departmental Activity Reports for
information.
EXECUTIVE SUMMARY
Attached are activity reports from the Recreation Programs & Services Division, the Culture
& Heritage Division and from the Parks & Facilities Division. These updates are provided for
Council’s information.
CONSULTATION/COMMUNICATION
N/A
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) IMPACT
Goal 1.2 of the CSP speaks of the need for Communication & Collaboration. By providing
regular activity updates to Council, the Department is contributing to achieving this Goal.
Page 1 / 1 RCP 16-33 Jul-Sep 2016 RCP Departmenta
74
Report Title July to September 2016 Activity – Recreation
Programs & Services
Report No. RCP 16-
Author Janet McCurdy, Recreation Programs & Services Manager
Meeting Type Council Meeting
Council Date
Attachments
BUSINESS SERVICES TEAM
The Business Services Team is responsible for:
• administration;
• customer service & reception; • advertising, merchandise & vending sales;
• marketing;
• program registration; and • Facilities bookings & rentals.
ADMINISTRATION
F.A.R.E. (Fee Assisted Recreational Experiences) Program has 26 families registered. Staff has
met with all the families to discuss their recreational interests which included Health Club and
Aqua fit passes, swimming lessons, dance and karate programs. Again this year, the F.A.R.E. program included seasonal pass to the Lake Lisgar Waterpark, indoor community swims and
skates. Summer swim lessons saw the success and progression of many F.A.R.E. recipients
into the next level. This is a positive result of the PROGRAM.
Applications continue to be accepted as funding is available.
PROGRAMS & FACILITIES
Seasonal ice requests for the 2016-2017 season were slow in being returned. With Minor Sport
organizations requiring additional ice time, adult leagues had to be rescheduled to later in the
evening. This caused disappointment with some adult groups and one group cancelled their
10:15pm time slot.
Dog Show 2016 was successful; however the heat in Memorial arena dressing rooms became
an issue. Handlers were setting up in the halls causing an issue with the egress. Staff met with
the London Canine Club to rectify the issues for the 2017 show.
Spring and summer seasonal ice was booked on a daily basis with little available time during the
weeknights. Occasional rentals filled in most of the available ice.
2016 was a successful season for all ball leagues. Additional teams were added to Ladies
Slopitch league and Minor Ball. A new elite ball team from Lucan booked the hardball diamonds
Page 1 / 5 Jul-Sep 2016 Activity - Recreation Progr
75
playing 3 hours per week and a new senior’s slo-pitch team played on Kiwanis Diamond 2 times per week in July and August.
SALES & SERVICES
For the Fall issue of the guide there was a total of $3,952.00 sold in advertising vs the $5,345.94
cost of the 40page guide. The new website submissions for the museum and calendars are
being done regularly. Facebook response for events and Hall of Fame has been very good.
LOOKING AHEAD TO THE NEXT QUARTER
By mid-October, an expression of interest will be posted for new recreational software. The
current Class software will no longer be supported by end of 2017. In the municipal world, 3
popular software companies include: Active Net, Perfect Mind and Legend. The hope is that these companies will submit a proposal.
Staff is meeting with Oxford County Board of Health and Oxford United Way to review and
discuss the development for county wide Physical Literacy training.
PROGRAMS & FACILITIES
2016-2017 Winter Arena season begins October 3, 2016.
Arena special events include Tillsonburg Minor Hockey Rep, A/E and Midget Local League tournaments, John McKay Skating Competition and Tillsonburg Figure Skating Club Holiday
Showcase
October will see the final 2 Slo-pitch tournaments for the 2016 season.
AQUATICS TEAM
The Aquatics Team is responsible for:
• swimming instruction;
• indoor pool lifeguards;
• waterpark lifeguards;
• aquafit programming;
• drowning prevention outreach
programming;
• lifeguard competition and synchronized
swimming teams.
STAFF SHORTAGE
The staff shortage was felt this summer by the part time student employees and the Aquatics
Leadership team. Scheduling was a daily challenge and creative solutions were implemented
such as utilizing assistant lifeguards to ensure there was daily proper lifeguard supervision
provided.
The number of staff leaving for University/College was at an all-time high which meant that scheduling became a major issue as the end of summer approached.
Fall/Winter staff is the lowest it has been in years. Aquatic staff are consistently striving to
encourage participants to take Advanced Aquatics leadership courses.
Increase in Programs and Memberships
Page 2 / 5 Jul-Sep 2016 Activity - Recreation Progr
76
The Aquatics Department has seen an increase in several areas for the 3rd Quarter. Memberships are up by $7,332.00 from last year at this time and Youth Programs are up by
$15,217.00. The success in these areas are due to the increase in awareness through social
media, school lessons, and Swim To Survive.
Drowning prevention is on the forefront of parent’s minds today and the lessons provided in
our community are making a difference. Adult programs also saw an increase from last year of $2,406.00 which is an area that has been a challenge for the past year.
Special Event Success
The Community Centre was home for the South West Aquatic Group pre summer area training
on June 30th with 33 participants. Safeguard training was provided for Youth Staff and specialized sessions were provided for synchronized swimming and advanced leadership. All
those who attended enjoyed the day and left with new skills to apply in their summer jobs.
Tillsonburg was also fortunate to be selected as the 2016 host location for the Provincial
Lifeguard Championships July 29th – August 1st. Fourteen teams from Richmond Hill, Waterloo, Ottawa, Rouge Valley, Burlington and Toronto attended. Tillsonburg placed 7th in First Aid Relay, 8th Priority Assessment, and 5th in Water Rescue. The event required over 50
volunteers who volunteered over 16 hours each to make this event a great success!
Celebrations
Drowning Prevention Week July 17 – 23 at Lake Lisgar Waterpark saw Mayor Molnar
complete the Swim to Survive challenge.
Buddy the Lifeguard Dog made numerous visits that week to programs and swims promoting
water safety messages. The Lifeguards at Lake Lisgar were able to raise $700 for the
Lifesaving Drowning Prevention Campaign through special events.
Another Tillsonburg proud moment was the welcome home Evan Vanmoerkerke party held on
the Memorial Arena Floor on August 25th. Over 150 spirited community supporters attended
to share special wishes with Evan. The Kinsmen club provided hotdogs and corn to all those
who attended. Bri’s Freshmart and Sobeys donated the food. A special swimming pool cake
was created by Spicers Bakery. The Township of Southwest Oxford and the Town of Tillsonburg sponsored these cakes.
LOOKING AHEAD TO THE NEXT QUARTER
Page 3 / 5 Jul-Sep 2016 Activity - Recreation Progr
77
Liquid Gym – Hydro Cycling
The 20 new Tidalwave Water Exercise bikes are scheduled to arrive at the end of October.
Instructor training is set for November 12. Eleven staff are registered to be Aqua Cycling Level
1 certified. “Try It” sessions will be scheduled following the training in November and
December. Once the January 2017 brochure is published interested participants will have a
choice of seven different classes.
Staff Training
Staff training is an area that will be concentrated on in the next quarter to ensure new staff
have the skills necessary to fulfill their job requirements.
Swim to Survive and Home Schools
The Swim to Survive program will be in full swing over the next 6 months and bookings have
already started for 10 area schools which represents 22 Grade 3 classes. There are currently 3
home schools booked in each week and with two more home schools joining us in October.
PROGRAMS TEAM
The Programs Team is responsible for: • dry-land fitness instruction;
• health club operations;
• adult co-ed sport league programming;
• youth sport programming; and
• summer camp programming.
Summer Youth Camp was attended by a variety of resident, non-resident, F.A.R.E and Oxford
County Subsidy participants. The camp employed 11 part time summer student staff. The youth
camp’s revenues goal for 2016 was $59,795. In nine weeks the youth camp registrations
surpassed this goal attaining $11,095 above budget target. The camp averaged 60 campers per
day over the nine summer weeks.
Adult Programs have surpassed the 2016 budgetary goal of $20,000 with $25,918. The Adult
Programs are presently over the goal as a result of the Daytime Bus Trip success. All 2016
sessions of Adult Volleyball leagues have sold out and a small contribution of revenue has
come from participation in weekly morning Fitness Classes and the Adult Badminton League.
The Health Club is presently 25% below the Health Club Memberships target for September
2016. November 2015 is when our new equipment arrived and is also a large renewal month.
Looking Ahead to the Next Quarter
Page 4 / 5 Jul-Sep 2016 Activity - Recreation Progr
78
The Active Living Coordinator retired September 1st 2016. This has given the department the
opportunity to review this position’s job description prior to posting in October 2016. The
intention is to have a new Active Living Coordinator in place by January 1st 2017.
As of September 5th the pay-as-you go option at the Health Club has been removed and
replaced with the option to purchase 5 pass packages as either trial or short term commitment to
the Health Club.
Adult Fitness programming has been restructured into session registration format rather than
drop-in passes. This restructuring allows the Program Supervisor to determine if the minimum
number of participants committed for a six week has been achieved or to cancel in advance.
Page 5 / 5 Jul-Sep 2016 Activity - Recreation Progr
79
Report Title Jul-Sep 2016 Activity Report - Culture & Heritage
Report No. RCP 16-33
Author Patricia Phelps, Culture & Heritage Manager/Curator
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments
ACTIVITY REPORT July - September 2016
The third quarter of 2016 proved to be a busy one for the museum. The annual Canada Day Open House and Fun Fair began the quarter. Although inclement weather impacted the number of citizens who participated in this year’s festivities, resulting in lower than normal attendance for the
day. The museum’s summer camp “Heritage Horseplay” began shortly after the July first holiday.
Four full weeks of camp were offered this year which marked a change from previous summers.
Traditionally the museum has offered camp for two days a week for seven weeks. Although the
number of weeks decreased, the overall number of days camp was available was increased by six, which in turn increased revenue. The summer months of July and August saw stead visitation from both citizens and tourists to our community, while the events planned for September added to the
overall attendance for the quarter. Summer student staff finished their employment during this
quarter. Victoria Hanson and Madison Wild were valued additions to the museum team.
ATTENDANCE UPDATE
Attendance in Q3 was up over each of the previous two years. Year to date total attendance is also higher than in 2014, but has not matched 2015 when the Shunpiker Tour brought almost 2,000 people through the Museum on one day in May.
2016 BUSINESS PLAN
The planned third quarter exhibits, programs and events were successfully completed with two
exceptions; The Pigeon Show on the Lawn and the Fall Bus Tour to the Lighthouse Festival
Theatre. The pigeon show scheduled for August 21st had to be cancelled due to the extreme heat
the area was experiencing at the time, while the bus trip scheduled for September 1st was cancelled
due to lack of participation.
The exhibit A Tisket, A Tasket – An Exhibit of Baskets was on display in the Pratt Gallery for the
majority of this quarter. Featuring over 100 baskets from private collectors, area museums and the
museum’s own permanent collection, the display showcased both native made and mass produced
baskets and proved very popular with the visiting public. The Basket Making Workshop, part of
the planned programing for this exhibit, was hosted during this quarter and was filled to 100%
Q1 Q2 Q3 YTD Q1 Q2 Q3 YTD Q1 Q2 Q3 YTD
Admissions 264 554 621 1,439 362 408 497 1,267 279 561 509 1,349
Programs 38 - 503 541 27 - 245 272 10 41 507 558
Events 133 1,469 2,108 3,710 218 2,874 2,322 5,414 343 933 2,523 3,799
Tourism & Historical
Information Services 264 431 593 1,288 383 418 417 1,218 293 384 402 1,079
Members & Volunteers 299 360 363 1,022 401 547 445 1,393 330 581 424 1,335
Room Rental Visitors 324 246 106 676 592 444 228 1,264 410 320 109 839
QUARTERLY TOTAL 1,322 3,060 4,294 8,676 1,983 4,691 4,154 10,828 1,665 2,820 4,474 8,959
2014 2015 2016
Page 1 / 2 Jul-Sep 2016 Activity - Culture & Herita 80
capacity. The Care of Historic Documents Workshop that was also offered in the third quarter was booked at 98% capacity.
Activities that are part of the museum’s commitment to the Oxford Remembers- Oxford’s Own
W.W. I. Project for 2016 continued throughout the quarter. The latest travelling exhibit about
Oxford County during the war entitled “Patriotism and Product” was installed and opened in the
Pratt Gallery. The exhibit will run into the fourth quarter and includes artefacts from the museum’s collection including a very unique lamp made from a WWI brass shell casing . As previously mentioned the Pigeon Show on the lawn which was part of this project was not held due to weather conditions.
As previously mentioned the annual Canada Day Open House and Fun Fair on the lawn was
hosted during this quarter. Those that attended the event, which was held inside the museum
enjoyed the games and treats that were offered. A Classic Car Show was held on the lawn in September by the Tillsonburg Cruisers Car Club.
Hosted as a fundraiser for the museum, the club raised $250.00 in support of museum activities.
Deemed a success by both the club and the museum plans are in the works to make this an annual
event in the fall
An additional lecture was added to the calendar during the quarter. The History of Bordens – Part II was a continuation of the lecture given as part of the Lunch & Learn Series earlier in the year. The lecture was a success with over forty citizens, many of them past Borden employees, in
attendance.
The program Chats with Pat returned in September after breaking for the summer months. The
September program looked at pieces of pottery made here in Tillsonburg at the Tillsonburg Pottery in the 1880s’.
The museum’s Collection and Exhibit Specialist continued to catalogue objects and photographs
throughout the quarter with the assistance of museum volunteers.
The museum’s Culture & Heritage Program Coordinator finalized the details for events throughout the quarter and continued work on fourth quarter plans. The planned Fall Bus Trip to the Lighthouse Theatre in Port Dover was cancelled.
Page 2 / 2 Jul-Sep 2016 Activity - Culture & Herita 81
Report Title July - Sept 2016 Activity – Parks, Cemetery & Facilities
Activity Report
Report No. RCP 16-33
Author Corey Hill, Manager of Parks & Facilities
Meeting Type Council Meeting
Council Date October 11, 2016
Attachments
ACTIVITY REPORT (July - Sept 2016)
SPECIAL EVENTS
Dog Show - The Dog Show took place in July on the Memorial Arena floor and throughout other
areas of the Complex. To prepare for this event numerous tables and chairs were supplied.
There was also significant cleanup after the event. Ribfest - Ribfest took place in July and was located in Memorial Park. This event was supported
by the Parks Team which distributed garbage receptacles throughout the park and relocated
picnic tables. Facilities assisted in the Park’s clean-up following the event.
Tillsonburg Fair – The Fair took place in August in Memorial Park. Some site preparations and
clean-up was performed. Friesian Horse Show – the Friesian Horse Show took place in August and required Parks staff to
relocate bleachers and perform site clean-up.
Shriner’s BBQ – The Shriners BBQ took place in September and required the set-up of 400
chairs and 60 tables in the Memorial Arena.
CAPITAL PROJECTS
Repairs on Carroll Trail – The construction tender package was prepared and posted. Site
meeting was September 21 and close was September 28. Only one qualified bid was received
for a cost significantly above budget. The construction tender was cancelled and an alternate design-build RFP is in development.
Columbarium #1 Replacement – Delivery and installation of replacement for Columbarium #1
was completed. Transfer of cremains and cement work will occur in Q4.
Barrier Free Washroom – Construction of the barrier free washroom in the Community Centre
was completed. Oak Park Playground – Delivery and installation of a new playground structure, swing sets and
basketball hoop was completed at Oak Park.
Pumptrack – Design work was completed and funding secured for the pumptrack project at the
Community Centre. Work commenced in September and will be completed in Q4.
Museum HVAC Replacement – Preliminary work commenced to design and quote rooftop HVAC unit replacement at the Museum. Work will be awarded and commence in Q4.
Community Centre Roof Repairs – Minor roof repairs were identified and product ordered. Work
will be completed by Facilities staff in Q4.
Page 1 / 2 Jul-Sep 2016 Activity - Parks & Faciliti
82
FACILITIES TEAM ACHIEVEMENTS Lake Lisgar Water Park – Facilities staff were involved in the shutdown of the water park the
week preceding Labor Day weekend. This included draining the pool and winterizing the facility.
Memorial Arena Ice - Commencing in September, Facilities staff prepped the Memorial arena to
make ice for the upcoming hockey season. The ice making process takes approximately 2 weeks. Painting of the ice was completed by Facilities staff including creating our own stencil for the new Town logo.
Dressing Room #4 – Dressing room #4 was prepped with cubicles and painted for the GMHL’s
Tillsonburg Hurricanes.
Seniors Centre Painting – The Seniors Centre was prepped and painted by the Facilities team.
PARKS & CEMETERY ACHIEVEMENTS
Training – Parks & Cemetery staff attended the Crisis Prevention Institute’s Prepare Training
Course Tree Removals - The heat and lack of rain throughout the summer put town trees under stress
resulting in breaking and dropping limbs. Parks staff oversaw the removal of multiple trees
throughout the town. In addition, the 2 large maple trees by the waterpark were successfully
removed and some of the wood was harvested for commemorative woodworking.
Kiwanis Baseball Field Advertising – Existing advertising signs were relocated from the front fence line to elevated displays located at the rear of the ball field. Baseball Tournaments – Multiple baseball tournaments were hosted on the Annandale/Kiwanis
baseball fields. Parks staff groomed the fields, ordered portable toilets, put out extra garbage
receptacles, collected garbage and responded to service issues as required.
Looking ahead to Q4
• Carroll Trail Repairs to be awarded & completed
• Columbarium #1 cremains transfer to be completed
• Columbarium #1 concrete work to be designed, quoted and completed
• Warranty work on Elliot Fairbairn roof to be completed • Pumptrack work to be completed and park opened for public use • Museum HVAC to be awarded and completed
• Community Centre roof repairs to be completed
• Trottier Woodlot fuelwood to be removed
• Seasonal Ice use including multiple hockey tournaments • John McKay Invitational Figure Skating Competition • New Year’s Eve events
• Fall cleanup at Cemetery
• Removal of BIA benches
• Set-up of toboggan hill ropes, signs and straw bales • Winterizing baseball facilities & irrigation systems • Commencement of snow removal contracts
Page 2 / 2 Jul-Sep 2016 Activity - Parks & Faciliti
83
=
ATTENDANCE
Henry Atkinson, Euclid Benoit, Andre Brisson, Valerie Durston, Rick Lee, John Prno,
Chris Rosehart, Jeremy Stockmans, Richard Van Maele Staff: Vance Czerwinski, Annette Murray,
MEMBERS ABSENT/REGRETS
Mel Getty, Geoffrey Lee, Cephas Panschow, Donna Scanlan
1. Call to Order
The meeting was called to order at 5:30 p.m. John Prno acted as Secretary for the meeting.
2. Adoption of Agenda
Moved By: Richard Van Maele Seconded By: Andre Brisson
Proposed Resolution #1_
THAT the Agenda as prepared for the Airport Advisory Committee meeting of September
15, 2016 be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
None Declared
4. Adoption of Minutes of Previous Meeting
4.1. Minutes of the Meeting of May 5, 2016
Moved By: Rick Lee Seconded By: Andre Brisson
The Corporation of the Town of Tillsonburg
AIRPORT ADVISORY COMMITTEE
September 15, 2016
5:30 p.m.
Tillsonburg Regional Airport Boardroom
244411 Airport Rd., South-West Oxford
MINUTES
84
Airport Advisory Committee Meeting Minutes, (Date) - 2 -
Proposed Resolution #2_
THAT the Minutes of the Airport Advisory Committee Meeting of May 5, 2016, be
approved.
Carried
5. Delegations and Presentations
None Declared
6. General Business & Reports
6.1. Tree Removal Plan and Progress
Vance Czerwinski provided an update to the Committee. The tree removal is being
included in the 2017 Budget submission. Included are the cost of tree clearing,
acquisition of adjacent property, and legal costs. Budget deliberations are taking place
during October and November. Vance also advised that Council toured the Airport
earlier in the day and are aware of the issues being addressed.
Discussion ensued about potential options such as land trades and clearing only the
Airport owned property. Clearing the seven acres on airport property (previously
cleared) would ensure our 4,500’ threshold. Clearing two acres of the neighbouring
farmland would result in a 5,000’ threshold.
6.2. Scheduled Asphalt Work
Vance Czerwinski advised that the long anticipated taxiway asphalt work will begin the
week of September 26th. The $37,000 in Budget carryover from previous years will
cover the paving cost, and an estimated $5,000 in required culvert remediation will
come from the existing operations budget.
7. Correspondence
None received
8. Other Business
8.1. Process for Clearing Threshold Discrepency
A Threshold Discrepency exists with incorrect runway markings as a result of a failed
tree clearing project in the past. Annette Murray reported that while the runway
85
Airport Advisory Committee Meeting Minutes, (Date) - 3 -
markings are incorrect, the runway lights are correct, and the required NOTAM is in
place to advise pilots. Once the trees are cleared, the NOTAM will be removed and the
discrepancy will cease to be an issue.
8.2. A committee member expressed a concern about boulders being moved closer to the
runway by the tenant farmer. Annette Murray will deal with the issue immediately.
8.3. In response to a request for an update on the Miller project, Annette Murray advised
that delivery of the prefab hanger is expected tomorrow.
8.4. Self-serve fuel options were discussed by the committee members. Annette Murray
asked that details of the various products seen be forwarded to her for review.
9. Closed Session
No actions necessary
10. Next Meeting
The next meeting of the Airport Advisory Committee will be on November 24, 2016, at 5:30
p.m..
11. Adjournment
Moved By: Henry Atkinson Seconded By: Rick Lee
Proposed Resolution #3
THAT the Airport Advisory Committee Meeting of (Date) be adjourned at 6:05 p.m.
Carried
86
=
ATTENDANCE Members Present: Donna Scanlan: Co-Chair, Mike Cerna: Co-Chair, Ken Patterson, Scott McKenzie, Terry Smith, John Glass, Derek Partlo, Jane Ann McLean, Margaret Puhr: Secretary
Guest: Mayor Stephen Molnar
Staff: Rick Cox
MEMBERS ABSENT/REGRETS
Trevor Lamb, Shane Curtis, Cedric Tomico, Chris Parker, Scott Vitias, Lance McKenzie, Dace Zvaniajs, Rosemary Dean, Mel Getty
1. Call to Order
The meeting was called to order at 7:30am, by acting co-chair Donna Scanlan.
2. Adoption of Agenda
Moved By: John Glass Seconded By: Scott McKenzie
Resolution #1_
THAT the Agenda as prepared for the Memorial Park Revitalization Committee meeting of
September 19, 2016, be adopted. Carried.
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
4.1. Minutes of the Meeting of July 11, 2016
Moved By: Mike Cerna Seconded By: Margaret Puhr
Resolution #2_
The Corporation of the Town of Tillsonburg
Memorial Park Revitalization Committee
September 19, 2016
7:30am
Marwood Lounge
45 Hardy Ave
MINUTES
87
Memorial Park Revitalization Committee Meeting Minutes, July 25, 2016 - 2 -
THAT the Minutes of the Memorial Park Revitalization Committee Meeting of August 22,
2016 be approved as amended. Carried.
5. General Business & Reports
5.1. Ball Diamond repositioning – report from council meeting: The ball diamond
repositioning was presented to the council at the September 12th meeting with the
following resolutions:
THAT Report PRA 16-6, Memorial Park Revitalization Project Update be received
as information;
THAT Council approve the removal of the race track material in conjunction with
the pump track construction;
AND THAT staff provide a report to council regarding the relocation of the ball
diamond.
Carried
THAT Council receive Report RCP 16-32, Tillsonburg Pumptrack;
AND THAT Council authorize that $13,389 of the Town funds allocated for the
Skatepark repair be reallocated to the Tillsonburg Pumptrack project;
AND THAT Council authorize a contract with Dirtsculp Inc. for $8500 US to sculpt
the pumptrack and as understood from the original presentation this project is to
be fundraised and will continue.
Carried
Town Staff will now prepare a report on the actions necessary and details of the
diamond repositioning project. Council is also seeking clarification on the exact location
of the new diamond as in the initial conceptual master plan the proposed diamond was
a little league size located between Kiwanis and Sam Lamb diamonds. Funding for the
ball diamond project is also a concern of the council.
5.2. Rotary Club update: a walk-through and assessment of the area was completed by club
member and staff member and the following options are being put forward by the
Rotary Club: a trail through the area near tennis courts linking to Lisgar Avenue (plan
attached), wheelchair swing to be added to the current play equipment and a tai
chi/yoga pad near the exercise equipment area. Current walkway will need to be
88
Memorial Park Revitalization Committee Meeting Minutes, July 25, 2016 - 3 -
removed and some trees and shrubs removed. Fence runs along the property except
for small section currently covered by cedar hedge which would need to be removed
and fenced in upon consultation with the property owner on the other side. A diagram
was distributed and is attached to these minutes.
5.3. Fair Board: absent
5.4. Ball Association: the association is requesting the repositioned ball diamond to be full
sized instead little league size. In order for the association to continue with current and
growing enrollment and tournament schedule, it is very important to continue to have
two full sized hardball diamonds.
5.5. Kinsmen Club: absent.
5.6. Pumptrack: started breaking ground on September 14, excavation scheduled to
continue for next week. Fundraising has stalled due to legislation regarding lottery
funds. Some other way needs to be found in order to fundraise money. The dirt portion
of budget is covered, asphalt portion still in the works. Overall project is on track to
continue.
5.7. Lions Club: Lion DeCloet planted 13 tulip trees in the Memorial Park near the
pedestrian bridge and along the lake. The Lions Club is asking that that this area be
recognized as Lions Memorial Grove and include signage. A letter from the Club to
propose the Memorial Grove was requested. The Lions club is also concerned with the
AGCO rules on lottery funds, as that is how the club generates money. A meeting with
the Town Clerk will be scheduled to determine options, as the gateway funding is also
connected with lottery funding.
5.8. Ball diamond repositioning – next steps: staff will provide a detailed plan on the location,
timing, and funds necessary to start the diamond relocation to the Town Council.
6. Round Table
6.1. It was recommended that a meeting for all clubs/organizations who participate in lottery
and gaming be set up with the Clerk to provide up to date information and any options
available.
7. Next Meeting
The next meeting of the Memorial Park Revitalization Committee will be on Monday October
17, 2016 at 5:30pm.
8. Adjournment
89
Memorial Park Revitalization Committee Meeting Minutes, July 25, 2016 - 4 -
Moved By: Mike Cerna Seconded By: Margaret Puhr
Resolution #
THAT the Memorial Park Revitalization Committee Meeting of September 19, 2016 be
adjourned at 8.32am. Carried.
90
Tu=
ATTENDANCE Dace Zvanitajs
Mel Getty
Brent Hosler
Michael Cerna Penny Esseltine
Craig Cole
Dace Zvanitajs
Donna Scanlan
Secretary Becky Turrill Janet McCurdy, Program Manager
MEMBERS ABSENT/REGRETS
Bob McCormick
James Payne Susie Wray
Don Baxter
1. Call to Order
The meeting was called to order at 5:30pm
2. Adoption of Agenda
Moved By: M. Cerna Seconded By: D. Scanlan
Resolution #1
THAT the Agenda as prepared for the (Committee Name) meeting of September 6,
2016, be adopted.
Carried
The Corporation of the Town of Tillsonburg
Parks & Rec COMMITTEE
Tuesday September 06, 2016
5.30pm
Rotary Room
45 Hardy Ave
MINUTES
91
Parks & Recreation Committee Meeting Minutes, September 06, 2016 - 2 -
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
4.1. Minutes of the Meeting of June 21, 2016
Moved By: D. Scanlan Seconded By: D. Zvanitajs
Resolution #2
THAT the Minutes of the Parks and Recreation Committee Meeting of July 19,
2016, be approved.
Carried
5. Delegations and Presentations - None
6. General Business & Reports
6.1. Memorial Park Revitalization – Pump Track – R. Cox presented concept for new
Pump Track to be installed at the North end of the existing skate park. Materials
from the removal of the race track are used in the construction of the pump
track.
6.2. Memorial Park Revitalization – Track removal and Diamond re-positioning – R.
Cox presented the concept of removal of the Southern portion of the race track
and using materials for the new pump track. Also to reposition the ball diamond.
6.3. Memorial Park Gateway Sign – Moved to October meeting
6.4. Resolution – Pump Track, Race Track removal and Ball Diamond repositioning.
Moved By: M. Cerna Seconded By: B. Hosler
Resolution #3
On MOTION made, SECONDED and CARRIED THAT the Parks & Recreation
Advisory Committee recommends that the pumptrack, track removal and ball
diamond relocation elements of the Revitalization Project precede and that the
resolution be forwarded to Council for approval.
Carried
92
Parks & Recreation Committee Meeting Minutes, September 06, 2016 - 3 -
7. Correspondence
7.1. None
8. Other Business
8.1. - None
9. Closed Session
9.1. - None
10. Next Meeting
The next meeting of the Parks & Rec Advisory Committee will be on Tuesday
October 17, 2016 @ 7:00 a.m.
11. Adjournment
Moved By: M. Cerna Seconded By: D. Scanlan
Proposed Resolution #4
THAT the Parks & Rec Advisory Committee Meeting of September 6, 2016 be
adjourned at 6:40 p.m.
Carried
93
=
Attendance
Present: Chair Ann Loker, Councillor Brian Stephenson, Mary Anne VanGeertruyde, Sam
Lamb, Matthew Scholtz
Staff: David Calder, Lana White
Regrets: Mayor Molnar
1. Call to Order 10:38am
2. Adoption of Agenda
Moved by: S.Lamb Seconded by: M.Scholtz
Resolution
THAT the Agenda as prepared for the Special Awards Committee meeting of September 22,
2016, be adopted.
‘Carried’
3. Disclosure of Pecuniary Interest
M.VanGeertruyde declared an interest with respect to potential discussion about a Minor
Ball Nomination.
4. Approval of Previous Minutes
Resolution
Moved by: M.VanGeertruyde Seconded by: M.Scholtz
THAT the Special Awards Committee Minutes dated August 23, 2016 be approved.
‘Carried’
The Corporation of the Town of Tillsonburg
SPECIAL AWARDS COMMITTEE – Special Mtg.
September 22, 2016
10:30am
Annex Board Room
200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7
MINUTES
94
Special Awards Committee Minutes - September 22, 2016 - 2 -
5. Re-organization of Committee
Chair Ann Loker regretfully submitted her resignation as Chair and a member of the Special
Awards Committee.
As a result of the resignation, discussion was held and B.Stephenson nominated Matt
Scholtz for the position of Chair.
There were no further nominations.
All were in favour of the nomination.
The Chair of the Special Awards Committee is Matt Scholtz.
B.Stephenson remains Vice-Chair.
L.White remains Secretary.
6. Favourite Son/Daughter Award – Up-date, Discussion and Next Steps
D.Calder attended the meeting to update the Committee with respect to recent discussions
about the pending Favourite Son/Daughter Award.
He noted that this item had been discussed in camera at the September 12 Council
Meeting, and will be on the Agenda for Monday’s Council Meeting, September 26.
The Special Awards Committee was asked to set the direction as to how the event can
move forward and set a precedent for future Favourite Son/Daughter Award events.
Assuming that Council’s direction on Monday will be to move ahead with the award and
event, the following was discussed and noted.
- The recipient is aware that the nomination is coming forward at Monday’s Council
Meeting, and is pleased to accept the nomination.
- This will be a Town event sponsored by the Special Awards Committee.
- The preferred date to hold the event is October 30, 2016, alternate date is October
23. Time of the event – 2:00-4:00pm. B.Stephenson to confirm the date (through
B.O’Rourke) and let L.White or Donna Wilson know by Monday.
- Wine and cheese reception
- B.Stephenson will discuss with B.O’Rourke – who should speak at the event, as he
has the contacts.
- The Mayor to MC.
95
Special Awards Committee Minutes - September 22, 2016 - 3 -
- The event will be open to the public (an Open House), but invitations will be sent to
community leaders (a rep from each organization – i.e. Service Clubs; MP and MPP;
County Warden; media.
- B.Stephenson will also discuss the guest list with the recipient (through B.O’Rourke)
and let L.White or D.Wilson know by Monday.
- Also to be invited – someone from Windsor University, and someone from harness
racing (perhaps check with Cam McKnight)
- L.White to reserve the Lion’s Den for both dates, with one date to be confirmed
following further discussion with the recipient.
- The Town has committed to $500 towards the event.
- D.Calder has already received a call regarding fundraising and sponsorship.
- B.Stephenson to discuss potential donations with B. O’Rourke, and ask for him to get
back to him/the Committee by the first of October.
- B.Stephenson to approach the Cultural Committee for funding as well.
- Following Monday’s Council Meeting, a Press Release will be drafted by Colleen
Pepper for Tuesday. The Press Release to included previous award recipients.
- A take-away plaque/sculpture to be presented to the recipient. A.Loker to email
L.White a photo of a sculpture she has and the wording.
- A permanent plaque will be prepared at a later time, once a location has been
identified to honour the Favourite Son/Daughter recipients.
- The wording of the Gerry Livingston plaque was discussed. Colleen Pepper to be
asked to review and draft appropriate wording, incorporating the words ‘Favourite
Son/Daughter’, and the new branding.
- Location of Favourite Son/Daughter Recognitions:
o Potential locations were discussed for permanent recognition of Favourite
Son/Daughter recipients – i.e. Southend Parkette, Library Lane (perhaps a walk
of fame, in concrete under the covered portion of the Library), Rotary Clock
Tower area.
o Bronze plaques may be appropriate for permanent recognition of recipients.
o It is hoped that this can be accommodated in the 2017 budget.
7. Volunteer Achievement Awards
- October recipient outstanding (deferred to regular meeting - October 5)
8. Next Meeting - October 5, 2016 at 4:00pm in the Annex Board Room at Corporate.
96
Special Awards Committee Minutes - September 22, 2016 - 4 -
9. Adjournment
Moved by: M.VanGeertruyde Seconded by: S.Lamb
Resolution
THAT the September 22, 2016 Special Awards Committee meeting be adjourned at
11:35am.
97
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4043
A BY-LAW to amend By-law 3798, being a By-law to prohibit or regulate signs and
other advertising devices and the posting of notices within the Town of Tillsonburg.
WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend By-Law 3798;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1.THAT the definition for “Animated Sign” in Section 2.1 of By-law 3798, be
replaced with the following wording:
“Animated Sign:
Means a sign or display screen that changes letters, words or images
electronically, has illusionary motion and also includes any sign or viewing
screen that contains motion or animation as part of the message display.”
2.THAT the words “or animated” be deleted from Section 5.1 (f) – Specific Sign
Prohibitions and Section 8.4 (a) – Electronic Message Board Signs of the By-law;
3.THAT the following wording be added to Section 8 – Specific Sign Regulations:
“8.0 ANIMATED SIGNS
a)No animated sign shall be erected without first having obtained a building
permit issued by the Chief Building Official.
b)Animated signs may only be installed in Service Commercial, Industrial
and Institutional zones.
c)Animated signs shall not have a display area larger than 2.4 square
meters (25 square feet).
d)Animated signs shall not be placed any higher than 5.5 meters (18 feet)
from average grade.
e)Animated signs shall have a radius setback of 30 meters (98.4 feet) to any
residential or passive use recreation zoned properties and any property
used for residential or passive use purposes.
f)Animated signs shall have a 150 meter (492 ft.) setback from other
animated signs.
g)Animated signs shall not be permitted to be located on the facade of a
structure facing a street.
h)No animated signs shall be illuminated in such a manner that
creates a nuisance to any neighbouring property as determined by the By-
Law Enforcement Officer,
i)No animated signs shall be placed or illuminated in such a manner that
creates a distraction or interferes with any traffic signal or controlled
intersection at any travelled roadway as determined by the Director of
Operations or By-Law Enforcement Officer.
98
i) No animated sign shall be placed closer than 100 meters (328 ft.) to any
signalized or controlled intersection and pedestrian cross walks.
j) All animated signs shall be installed with a lumen control device and shall
be operable at all times. The lumen control device will be set to adjust
accordingly to the ambient light in such a way not to adversely affect or
create a nuisance to any neighbouring properties.
k) Animated signs shall not appear to be flashing and must have a minimum
dwell time of 5 seconds.”
4. THAT the following wording be added to Schedule A - Permitted Sign Use/Property
Use Table:
Type of Sign S Permit? Residential Industrial Commercial Institutional Future Development Entrepreneurial Central Commercial
Animated Sign 8.0 YES Not Permitted Allowed Area: 2.4 m2 (26 ft2) Height: 6.1 m (20ft)
Allowed Area: 2.4 m2 (26 ft2) Height: 6.1 m (20ft)
Allowed Area: 2.4 m2 (26 ft2) Height: 6.1 m (20ft)
Not Permitted Not Permitted Not Permitted
5. THAT the amendments to By-Law 3798 are hereby declared to be part of that By-Law as if written therein;
6. THAT this By-Law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 11th DAY OF October, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF October, 2016.
_______________________
Mayor – Stephen Molnar
_______________________
Town Clerk – Donna Wilson
99
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4044
A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario
as represented by the Minister of Agriculture, Food and Rural Affairs.
WHEREAS the Government of Ontario has created the Ontario Community
Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and
wastewater; (2) further strengthen municipal asset management practices within
small communities; and (3) help small communities use a broad range of financial
tools to address critical infrastructure challenges and provide long-term support for
rehabilitation and repair of core infrastructure for those in most need.
WHEREAS The Town of Tillsonburg is desirous of entering into an OCIF-Formula
Contribution Agreement FC-384 with Her Majesty The Queen In Right Of Ontario.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1.THAT the agreement attached hereto forms part of this by-law;
2.THAT the Mayor and Clerk be hereby authorized to execute the attached Ontario
Community Infrastructure Fund Formula-based Component Agreement on behalf
of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 11th DAY OF October, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF October, 2016.
_____________________________
Mayor – Stephen Molnar
_____________________________
Town Clerk – Donna Wilson
100
File Number: OCIF FC-384
ONTARIO COMMUNITY INFRASTRUCTURE FUND
FORMULA-BASED COMPONENT AGREEMENT
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
(the “Province”)
– and –
The Corporation of the Town of Tillsonburg
(the “Recipient”)
BACKGROUND
The Province created the Ontario Community Infrastructure Fund to: (1) provide stable funding to
help small communities address critical core infrastructure needs in relation to roads, bridges, water
and wastewater; (2) further strengthen municipal asset management practices within small
communities; and (3) help small communities use a broad range of financial tools to address critical
infrastructure challenges and provide long-term financial support for the rehabilitation and repair of
core infrastructure for those in most need.
The Ontario Community Infrastructure Fund is composed of two components: (1) the Application-
Based Component; and (2) the Formula-Based Component. The Formula-Based Component of the
Ontario Community Infrastructure Fund is based on a municipality’s local fiscal circumstances and its
total core infrastructure assets with a minimum grant of fifty thousand dollars ($50,000.00).
The Recipient is eligible to receive funding under the Formula-Based Component of the Ontario
Community Infrastructure Fund.
CONSIDERATION
In consideration of the mutual covenants and agreements contained in this Agreement and for other
good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the
Parties agree as follows:
1.0 ENTIRE AGREEMENT
1.1 This Agreement, including:
Schedule “A” – General Terms And Conditions,
Schedule “B” – Additional Terms And Conditions,
Schedule “C” – Operational Requirements Under The Agreement,
Schedule “D” – Eligible Project Categories,
Schedule “E” – Eligible And Ineligible Costs,
Page 1 of 35
101
File Number: OCIF FC-384
Schedule “F” – Financial Information,
Schedule “G” – Aboriginal Consultation Requirements,
Schedule “H” – Communications Protocol, and
Schedule “I” – Reports,
constitutes the entire agreement between the Parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations and
agreements.
2.0 COUNTERPARTS
2.1 This Agreement may be executed in any number of counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument.
3.0 AMENDING AGREEMENT
3.1 This Agreement may only be amended by a written agreement duly executed by the Parties.
4.0 ACKNOWLEDGEMENT
4.1 The Recipient acknowledges and agrees that:
(a) By receiving Funds it may become subject to legislation applicable to organizations
that receive funding from the Government of Ontario, including the BPSAA, the
PSSDA and the AGA;
(b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and
procurement directives and guidelines pursuant to the BPSAA that may be applicable
to the Recipient;
(c) The Funds are
(i) To assist the Recipient to carry out the Project and not to provide goods or
services to the Ontario Community Infrastructure Fund – Formula-Based
Component, and
(ii) Funding for the purposes of the PSSDA; and
(d) The Province is not responsible for, nor does the Province have a managerial role in,
the undertaking, implementation, completion, operation and/or maintenance of any
Project to which Funds are directed. The Recipient will not seek to hold the Province
responsible for the undertaking, implementation, completion, operation and/or
maintenance of any Projects to which Funds are directed through recourse to a third
party, arbitrator, tribunal or court.
5.0 IMPACT OF RECEIVING FUNDING UNDER THIS AGREEMENT ON ANY
EXISTING ONTARIO COMMUNITY INFRASTRUCTURE FUND FUNDING
COMPONENT AGREEMENT
5.1 The Recipient acknowledges and agrees that if the Recipient receives Funds under this
Agreement, the Recipient will be ineligible to receive any additional funds under any existing
Ontario Community Infrastructure Fund Formula-Based Component agreement that it may
Page 2 of 35
102
File Number: OCIF FC-384
have with the Province. By way of example only, if the Recipient has an existing Ontario
Community Infrastructure Fund Formula-Based Component agreement with the Province and
was eligible to receive Funds for 2017 under that existing Ontario Community Infrastructure
Fund Formula-Based Component agreement and receives Funds for 2017 under this
Agreement, the Recipient is not eligible to receive any Funds for 2017 under its existing
Ontario Community Infrastructure Fund Formula-Based Component agreement.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS]
Page 3 of 35
103
File Number: OCIF FC-384
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented by the Minister of Agriculture, Food and Rural Affairs
______________________________________ ___________________
Name: Randy Jackiw Date
Title: Assistant Deputy Minister
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWN OF TILLSONBURG
______________________________________ ___________________
Name: Insert Name Date
Title: Insert Position
AFFIX CORPORATE
SEAL
______________________________________ ___________________
Name: Insert Name Date
Title: Insert Position
I/We have the authority to bind the Recipient.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “A” FOLLOWS]
Page 4 of 35
104
File Number: OCIF FC-384
SCHEDULE “A”
GENERAL TERMS AND CONDITIONS
ARTICLE A1
INTERPRETATION AND DEFINITIONS
A1.1 Interpretation. For the purposes of interpreting this Agreement:
(a) Words in the singular include the plural and vice versa;
(b) Words in one gender include all genders;
(c) The headings do not form part of this Agreement; they are for reference purposes only
and will not affect the interpretation of the Agreement;
(d) Any reference to dollars or currency will be in Canadian dollars and currency;
(e) Any reference to a statute means a statute of the Province of Ontario, unless
otherwise indicated;
(f) Any reference to a statute is to that statute and to the regulations made pursuant to
that statute as they may be amended from time to time and to any statute or
regulations that may be passed that have the effect of supplanting or superseding that
statute or regulation unless a provision of this Agreement provides otherwise;
(g) All accounting terms will be interpreted in accordance with the Generally Accepted
Accounting Principles and all calculations will be made and all financial data to be
submitted will be prepared in accordance with the Generally Accepted Accounting
Principles; and
(h) The words “include”, “includes” and “including” denote that the subsequent list is not
exhaustive.
A1.2 Definitions. In this Agreement, the following terms will have the following meanings:
“Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other
group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982.
“Additional Terms and Conditions” means the terms and conditions referred to in section
A9.1 of Schedule “A” to this Agreement and specified in Schedule “B” of this Agreement.
“AGA” means the Auditor General Act.
“Agreement” means this agreement entered into between the Province and the Recipient
and includes all of the Schedules listed in section 1.1 of this Agreement and any amending
agreement entered into pursuant to section 3.1 of this Agreement.
“Allocation Notice” means the notice that the Recipient received from the Province setting
out the amount of Funds the Recipient is eligible to receive from the Province for the Funding
Year in which the notice was issued. The “Allocation Notice” also includes the proposed
allocation of Funds that the Recipient is eligible to receive for the following two Funding Years
(although these proposed allocations are subject to change).
“Annual Financial Report” means the report that the Province will provide, either in paper or
electronically, to the Recipient pursuant to this Agreement.
Page 5 of 35
105
File Number: OCIF FC-384
“Arm’s Length” has the same meaning as set out in the Income Tax Act (Canada), as it
read on the Effective Date of this Agreement, and as treated or defined under Generally
Accepted Accounting Principles.
“Auditor General” means the Auditor General of Ontario.
“BPSAA” means the Broader Public Sector Accountability Act, 2010.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory
and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday;
Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance
Day; Christmas Day; Boxing Day; and any other day on which the Province is closed for
business.
“Communications Protocol” means the protocol set out under Schedule “H” of this
Agreement.
“Consultant” means any person the Recipient retains to do work related to this Agreement.
“Conflict Of Interest” includes any circumstances where:
(a) The Recipient; or
(b) Any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships or financial interests that could, or could be
seen to, interfere with the Recipient’s objective, unbiased and impartial judgment
relating to the Project, the use of the Funds or both.
“Contract” means an agreement between the Recipient and a third-party whereby the third-
party provides a good or service for the Project in return for financial consideration that may
be submitted by the Recipient for the Province’s consideration as an Eligible Cost.
“Effective Date” means the date on which this Agreement is effective, as set out under
section C1.1 of Schedule “C” of this Agreement.
“Eligible Costs” means those costs set out under section E1.1 of Schedule “E” of this
Agreement.
“Event of Default” has the meaning ascribed to it in section 15.1 of Schedule “A” this
Agreement.
“Expiry Date” means the date on which this Agreement will expire, as set out under section
C1.2 of Schedule “C” of this Agreement unless amended or terminated prior to this date in
accordance with the terms and conditions of this Agreement.
“FAA” means the Financial Administration Act.
“Failure” means a failure to comply with any term, condition, obligation under any other
agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of
Her agencies.
“FIPPA” means the Freedom of Information and Protection of Privacy Act, 1990.
“First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada).
Page 6 of 35
106
File Number: OCIF FC-384
“Funding Year” means the period commencing January 1st of one calendar year and ending
December 31st of the same calendar year.
“Funds” means the money the Province provides to the Recipient pursuant to this
Agreement, as set out in an Allocation Notice or Revised Allocation Notice issued under this
Agreement each Funding Year.
“Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers,
agents, appointees and employees.
“Ineligible Costs” means those costs set out under section E2.1 of Schedule “E” of this
Agreement.
“Interest Earned” means the amount of money earned by the Recipient from placing the
Funds in an interest bearing account as set out under section A3.4 of Schedule “A” of this
Agreement.
“Local Services Board” means a board established under the Northern Services Boards
Act.
“MA” means the Municipal Act, 2001.
“Notice” means any communication given or required to be given pursuant to this
Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy
an Event of Default, and includes any such period or periods of time by which the Province
considers it reasonable to extend that time.
“Parties” means the Province and the Recipient collectively.
“Party” means either the Province or the Recipient.
“Project” means the undertaking:
(a) Described in the Project Information Form the Province provides to the Recipient
pursuant to this Agreement; and
(b) Approved by the Province.
“Project Information Form” means the form that the Province will provide, either in paper or
electronically, to the Recipient pursuant to this Agreement.
“PSSDA” means the Public Sector Salary Disclosure Act, 1996.
“Reports” means the reports set out under Schedule “I” of this Agreement.
“Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances,
codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees,
injunctions, directions and agreements with all authorities that now or at any time hereafter
may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the
generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other
type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA
Page 7 of 35
107
File Number: OCIF FC-384
and those broader public sector accountability legislative provisions are deemed to be a
Requirement of Law.
“Revised Allocation Notice” means an Allocation Notice that the Province issues that alters
an Allocation Notice that the Province previously issued.
“Term” means the period of time beginning on the Effective Date of this Agreement and
ending on the Expiry Date unless terminated earlier pursuant to Articles A13, A14 or A15 of
this Agreement.
A1.3 Conflict. Subject to section A9.1 of Schedule “A” of this Agreement, in the event of a conflict
between the terms and conditions set out in this Schedule “A” of the Agreement and the
terms or conditions set out in any other Schedule of this Agreement, the terms and conditions
set out under this Schedule “A” of the Agreement will prevail.
ARTICLE A2
REPRESENTATIONS, WARRANTIES AND COVENANTS
A2.1 General. The Recipient represents, warrants and covenants that:
(a) It is, and will continue to be for the Term of this Agreement, a validly existing legal
entity with full power to fulfill its obligations under this Agreement;
(b) It has, and will continue to have for the Term of this Agreement, the experience and
expertise necessary to carry out the Project;
(c) It has the financial resources necessary to carry out any Projects to which it directs
any of the Funds being provided under this Agreement and is not indebted to any
person to the extent that that indebtedness would undermine the Recipient’s ability to
complete the Projects to which it directs the Funds;
(d) It is in compliance with all Requirements of Law and will remain in compliance with all
Requirements of Law related to any aspect of the Project, the Funds or both for the
Term of this Agreement; and
(e) Unless otherwise provided for in this Agreement, any information the Recipient
provided to the Province in support of its request for Funds, including any information
relating to any eligibility requirements, was true and complete at the time the Recipient
provided it.
A2.2 Execution Of Agreement. The Recipient represents and warrants that it has:
(a) The full power and authority to enter into this Agreement; and
(b) Taken all necessary actions to authorize the execution of this Agreement.
A2.3 Governance. The Recipient represents, warrants and covenants that it has, and will
maintain, in writing for the Term of this Agreement:
(a) A code of conduct and ethical responsibilities for all persons at all levels of the
Recipient’s organization;
(b) Procedures to ensure the ongoing effective functioning of the Recipient;
(c) Decision-making mechanisms for the Recipient;
(d) Procedures to enable the Recipient to manage the Funds prudently and effectively;
(e) Procedures to enable the Recipient to successfully complete the Project;
(f) Procedures to enable the Recipient to, in a timely manner, identify risks to the
completion of the Project and develop strategies to address those risks;
Page 8 of 35
108
File Number: OCIF FC-384
(g) Procedures to enable the preparation and delivery of all Reports required under this
Agreement; and
(h) Procedures to enable the Recipient to deal with such other matters as the Recipient
considers necessary to ensure that the Recipient carries out its obligations under this
Agreement.
A2.4 Approvals, Licenses And Permits. The Recipient represents, warrants and covenants that
it has or will apply for any approval, license, permit or similar authorization necessary to carry
out the Project before carrying out the Project. For greater clarity, the Recipient
acknowledges and agrees that the entering into this Agreement does not in any way obligate
any regulatory authority established under an Act of the Ontario Legislature to issue any type
of approval, license, permit or similar authorization that the Recipient may need or want in
relation to undertaking any Project to which Funds are directed or to meet any other term or
condition under this Agreement.
A2.5 Supporting Documentation. Upon request, and within the time period indicated in the
Notice, the Recipient will provide the Province with proof of the matters referred to in this
Article A2 of this Agreement.
A2.6 Additional Covenants. The Recipient undertakes to advise the Province within five (5)
Business Days of:
(a) Any changes that affect its representations, warranties and covenants under sections
A2.1, A2.2, A2.3 or A2.4 of Schedule “A” of this Agreement during the Term of the
Agreement; and
(b) Any actions, suits or other proceedings which could or would reasonably prevent the
Recipient from complying with the terms and conditions of this Agreement.
ARTICLE A3
FUNDS AND CARRYING OUT THE PROJECT
A3.1 Funds Provided. The Province will:
(a) Provide the Recipient up to the amount of Funds set out in the Allocation Notice for
each Funding Year during the Term of this Agreement for the sole purpose of carrying
out one or more Projects;
(b) Provide the Funds to the Recipient in accordance with Schedule “F” of this
Agreement;
(c) Deposit the Funds into an account designated by the Recipient, provided that account:
(i) Resides at a Canadian financial institution, and
(ii) Is in the name of the Recipient.
A3.2 Limitation On Payment Of Funds. Despite section A3.1 of Schedule “A” of this Agreement:
(a) The Province is not obligated to provide any Funds set out in an Allocation Notice or
Revised Allocation Notice to the Recipient in any Funding Year until:
(i) The Recipient provides the insurance certificate or other proof as the Province
may request pursuant to section A12.2 of Schedule “A” of this Agreement,
(ii) The Recipient has submitted to the Ministry of Municipal Affairs any
outstanding financial information returns by December 31st of each calendar
year,
Page 9 of 35
109
File Number: OCIF FC-384
(iii) The Recipient has submitted to the Ministry of Agriculture, Food and Rural
Affairs all outstanding reporting under any other Ontario Community
Infrastructure Fund contribution agreement, and
(iv) The Recipient has submitted to the Ministry of Agriculture, Food and Rural
Affairs a copy of their asset management plan and any subsequent updates by
December 31st of each calendar year if not previously submitted;
(b) The Province is not obligated to provide any instalments of Funds set out in an
Allocation Notice to the Recipient in any Funding Year until the Province is satisfied
with the progress of the Project;
(c) The Province may, acting reasonably:
(i) Adjust the amount of Funds set out in the Recipient’s Allocation Notice or
Revised Allocation Notice, and/or
(ii) Adjust the amount of Funds the Province actually provides to the Recipient in
any Funding Year, and/or
(iii) Hold all or a portion of the Funds set out in the Recipient’s Allocation Notice or
Revised Allocation Notice
based upon the Province’s assessment of the information provided by the Recipient
pursuant to Article A7 of Schedule “A” of this Agreement; and
(d) If, pursuant to the FAA, the Province does not receive the necessary appropriation
from the Ontario Legislature for any payment under this Agreement, the Province is
not obligated to make any such payment, and, as a consequence, the Province may:
(i) Reduce the amount of Funds and, in consultation with the Recipient, change
the Project without liability, penalty or costs; or
(ii) Terminate the Agreement pursuant to section A14.1 of Schedule “A” of this
Agreement.
A3.3 Use Of Funds And Project. The Recipient will:
(a) Only use the Funds being provided under this Agreement toward Projects that fall
within the category of projects set out under section D1.1 of Schedule “D” of this
Agreement;
(b) Carry out and complete any Projects in accordance with the terms and conditions of
this Agreement;
(c) Use the Funds only for Eligible Costs that are necessary to carry out the Project; and
(d) Not use the Funds for Ineligible Costs.
A3.4 Interest Bearing Account. If the Province provides Funds to the Recipient before the
Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-
bearing account in the name of the Recipient at a Canadian financial institution. The
Recipient will hold the Funds plus the Interest Earned in trust for the Province until the
Recipient needs the Funds for the Projects.
A3.5 No Provincial Payment Of Interest. The Province is not required to pay interest on any
Funds under this Agreement. For greater clarity, this includes interest on any Funds that the
Province has withheld paying to the Recipient pursuant to a term or condition set out in this
Agreement.
A3.6 Funds For Funding Year Limited To Amount Set Out In Allocation Notice Or Revised
Allocation Notice. The Recipient acknowledges and agrees that the Funds available to it for
a Funding Year will not exceed the amount set out in the Recipient’s Allocation or Revised
Allocation Notice for that Funding Year.
Page 10 of 35
110
File Number: OCIF FC-384
A3.7 Recipient May Save Funds From One Funding Year To Use In Later Funding Years.
The Recipient may save any Funds that it receives in one Funding Year, including any
interest earned thereon, for use in later Funding Years. Where the Recipient saves Funds
from one Funding Year to use in later Funding Years, the Recipient will be deemed to have
spent any Interest Earned first, followed by the principal.
A3.8 Saved Funds From One Funding Year Must Be Spent Within Five Funding Years Of The
Year The Funds Were Allocated. Despite anything else in this Agreement, the Recipient
will spend any Funds, including any interest earned thereon, that it received and has saved
within five (5) Funding Years in which those Funds were received. By way of example only, if
a Recipient received Funds from the Province in 2017 and decided to save those Funds, the
Recipient must spend those Funds, including any interest earned thereon, by December 31,
2021. In the event that the Recipient does not spend those saved Funds in accordance with
the requirements set out in this section A3.8 of the Agreement, those saved Funds, including
any Interest Earned thereon, will be returned to the Province.
A3.9 Transfer Of Funds. The Recipient may transfer Funds provided under this Agreement to
another entity provided the following is met:
(a) The transfer of Funds is for a Project that is set out under section D1.1 of Schedule
“D” of this Agreement;
(b) The Project is in both the Recipient and the other entity’s asset management plan;
and
(c) The entity receiving the Recipient’s Funds must be eligible to receive those Funds.
A3.10 Funds May Be Used For Projects Under Other Federal Or Provincial Funding
Programs. The Recipient may use the Funds being provided under this Agreement for
projects covered under other provincial or federal funding programs provided the following is
met:
(a) The project is also a Project that is set out under section D1.1 of Schedule “D” of this
Agreement; and
(b) The other provincial or federal funding program allows for Funds being provided under
the Ontario Community Infrastructure Fund to be used toward a project under that
other provincial or federal funding program.
A3.11 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of
Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient,
less any costs, for which the Recipient has received, will receive or is eligible to receive, a
rebate, credit or refund.
ARTICLE A4
ABORIGINAL CONSULTATION
A4.1 Provision Of Funds Dependent Upon The Province Meeting Its Duty To Consult
Obligations. The Recipient acknowledges and agrees that the provision of any Funds under
this Agreement is strictly conditional upon the Province satisfying any obligations it may have
to consult with and, if appropriate, accommodate any Aboriginal Group with an interest in any
Project in which Funds are directed in order for the Project to proceed.
A4.2 Recipient Is The Province’s Delegate For Purposes Of Consultation With Aboriginal
Groups. By entering into this Agreement, the Province delegates the procedural aspects of
Page 11 of 35
111
File Number: OCIF FC-384
any consultation obligations the Province may have with any Aboriginal Group in relation to
any Project in which Funds are directed to the Recipient as set out in Schedule “G” of this
Agreement. The Recipient, by signing this Agreement acknowledges that the Province has
delegated the procedural aspects of any consultation obligations that the Province may have
with any Aboriginal Group in relation to any Project in which Funds are directed and accepts
said delegation and agrees to act diligently as the Province’s delegate so as to preserve the
Honour of the Crown in relation to any consultation obligations that the Province may have in
relation to any Project in which Funds are directed.
A4.3 Recipients Obligations In Relation To Consultations. The Recipient will:
(a) Be responsible for consulting with any Aboriginal Group that has an interest in any
Project in which Funds are directed on behalf of the Province in accordance with
Schedule “G” of this Agreement;
(b) Take directions from the Province in relation to consulting with any Aboriginal Group
with an interest in any Project in which Funds are directed as well as any other
directions that the Province may issue in relation to consultations, including
suspending or terminating any Project in which Funds are directed; and
(c) Provide a detailed description of any actions it took in relation to consultation with any
Aboriginal Group with an interest in any Project in which Funds are directed in its
Reports.
A4.4 Recipient Will Not Start Construction On Any Project Until Recipient Provides
Evidence To The Province That Notice Of Project Has Been Given To Identified
Aboriginal Groups. Despite anything else in this Agreement, the Recipient will not
commence or allow a third party to commence construction on any aspect of any Project in
which Funds are directed for forty-five (45) Business Days, or such other longer or shorter
time as the Province may direct, after it has provided the Province with written evidence that
the Recipient has sent notice about any Project in which Funds are directed to the Aboriginal
Groups the Province has identified in accordance with Schedule “G” of this Agreement.
ARTICLE A5
RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS
A5.1 Acquisition Of Goods And Services In Competitive Procurement Process. The
Recipient will acquire any goods and services for the Project through a transparent,
competitive process that ensures the best value for any Funds expended and at no greater
value than fair market value, after deducting trade discounts and/or other discounts available
to the Recipient. Without limiting the generality of the foregoing, where the Recipient is a
municipal entity to which the MA applies, the Recipient will follow its procurement policies
required under the MA. Where the Recipient is a Local Services Board, the Recipient will
obtain a minimum of three (3) written quotes for any goods or services which exceed twenty-
five thousand dollars ($25,000.00), unless the Province provides its prior written approval to
obtain such goods or services in another manner. The Province may waive the requirements
of this section A5.1 of the Agreement if:
(a) The goods or services the Recipient is purchasing are not readily available; or
(b) The Recipient has researched the market for a similar purchase within the last two (2)
years and knows prevailing market costs for those good or services being purchased.
Page 12 of 35
112
File Number: OCIF FC-384
A5.2 BPSAA. For greater clarity, if the Recipient is subject to the BPSAA and there is a conflict
between the BPSAA and a requirement under this Article A5 of the Agreement, the BPSAA
will apply and prevail to the extent of that conflict.
A5.3 Contracts. The Recipient will ensure that all Contracts:
(a) Are consistent with this Agreement;
(b) Do not conflict with this Agreement;
(c) Incorporate the relevant provisions of this Agreement to the fullest extent possible;
(d) Require that any parties to those Contracts comply with all Requirements of Law; and
(e) Authorize the Province to perform audits of the parties to those Contracts in relation to
the Project or any Funds provided to those parties.
A5.4 Use Of Consultants. The Province recognizes and acknowledges that the Recipient may
engage one or more Consultants for the purposes of carrying out any Projects in which Funds
are directed. The Recipient will have sole responsibility for hiring and terminating the
employment of said Consultants. The Recipient further acknowledges and agrees that the
Recipient will be responsible for all acts and actions of the Recipient’s Consultants and that
all such acts and actions will be treated as acts and actions of the Recipient for the purposes
of this Agreement.
A5.5 Asset Retention. The Recipient will comply with section C1.3 of Schedule “C” of this
Agreement as it relates to the retention of any assets purchased, built or rehabilitated with
Funds being provided under this Agreement.
A5.6 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements
to which the Province is a party, the Recipient will comply with the applicable requirements of
such trade agreements. In particular, and without limitation, if the Recipient is subject to
Annex 502.4 of the Agreement on Internal Trade, the Recipient will comply with all applicable
requirements of Annex 502.4. In the event of any conflict between any requirement under
Annex 502.4 and a requirement under this Article A5 of the Agreement, Annex 502.4 will
apply and prevail to the extent of that conflict.
ARTICLE A6
CONFLICT OF INTEREST
A6.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without
an actual, potential or perceived Conflict of Interest.
A6.2 Disclosure To The Province: The Recipient will:
(a) Disclose to the Province, without delay, any situation that a reasonable person would
interpret as an actual, potential or perceived Conflict Of Interest; and
(b) Comply with any terms and conditions that the Province may impose as a result of the
disclosure.
ARTICLE A7
REPORTS, RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION
A7.1 Preparation And Submission. The Recipient will:
Page 13 of 35
113
File Number: OCIF FC-384
(a) Submit to the Province at the address referred to in section C1.4 of Schedule “C” of
this Agreement all Reports in accordance with the timelines and content requirements
set out in Schedule “I” of this Agreement, or in a form as specified by the Province
from time to time;
(b) Ensure that all Reports are completed to the satisfaction of the Province; and
(c) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing
officer and that the accompanying attestation has been completed.
A7.2 Records Maintenance. The Recipient will keep and maintain:
(a) All financial records, including invoices, relating to the Funds or otherwise to the
Project in a manner consistent with generally acceptable accounting principles; and
(b) All non-financial documents and records relating to the Funds or otherwise to the
Project in a manner consistent with all Requirements of Law.
A7.3 Inspection. The Province, its authorized representatives or an independent auditor identified
by the Province may, at its own expense, upon twenty-four (24) hours’ Notice to the Recipient
during normal business hours, enter the Recipient’s premises to review the progress of the
Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes,
the Province, its authorized representatives or an independent auditor identified by the
Province may take one or more of the following actions:
(a) Inspect and copy the records and documents referred to in this section A7.2 of
Schedule “A” of this Agreement;
(b) Remove any copies made pursuant to section A7.3(a) of Schedule “A” of this
Agreement from the Recipient’s premises; and
(c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the
Funds, the Project or both.
A7.4 Disclosure. To assist in respect of the rights set out under section A7.3 of Schedule “A” of
this Agreement, the Recipient will disclose any information requested by the Province, its
authorized representatives or an independent auditor identified by the Province and will do so
in the form requested by the Province, its authorized representatives or an independent
auditor identified by the Province, as the case may be.
A7.5 No Control Of Records. No provision of this Agreement will be construed so as to give the
Province any control whatsoever over the Recipient’s records.
A7.6 Auditor General. For greater certainty, the Province’s rights under this Article of the
Agreement are in addition to any rights provided to the Auditor General pursuant to section
9.1 of the AGA.
A7.7 Provision Of Information. The Recipient will provide to the Province, within the time period
set out in the Notice, such information in respect of this Agreement or any Project in which
Funds are directed as the Province requests.
ARTICLE A8
COMMUNICATIONS
A8.1 Recipient To Follow Communications Protocol. The Recipient will follow the
Communications Protocol set out under Schedule “H” of this Agreement.
Page 14 of 35
114
File Number: OCIF FC-384
A8.2 Publication By The Province. The Recipient agrees the Province may, in addition to any
obligations the Province may have under FIPPA, publicly release information under this
Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet
or otherwise.
ARTICLE A9
ADDITIONAL TERMS AND CONDITIONS
A9.1 Additional Terms and Conditions. The Recipient will comply with any Additional Terms
and Conditions set out under Schedule “B” of this Agreement. In the event of a conflict or
inconsistency between any of the requirements of the Additional Terms and Conditions and
any requirements of this Schedule “A” of this Agreement, the Additional Terms and
Conditions will prevail.
ARTICLE A10
DISCLOSURE OF INFORMATION PROVIDED TO THE PROVINCE
A10.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA.
A10.2 Disclosure Of Information. Any information provided to the Province in connection with the
Project or otherwise in connection with the Agreement may be subject to disclosure in
accordance with FIPPA and any other Requirements of Law.
ARTICLE A11
INDEMNITY, LIMITATION OF LIABILITY AND DUTY TO DEFEND
A11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the
Indemnified Parties from and against any and all direct or indirect liability, loss, costs,
damages and expenses (including legal, expert and consultant fees), causes of action,
actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained,
incurred, brought or prosecuted, in any way arising out of or in connection with the Project or
otherwise in connection with this Agreement, unless solely caused by the gross negligence or
wilful misconduct of the Province.
A11.2 Exclusion Of Liability. The Recipient acknowledges and agrees that in no event will the
Province be liable for any general, compensatory, incidental, special or consequential
damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers,
servants, employees and agents arising out of or in any way related to this Agreement.
A11.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the
Province, participate in or conduct the defence of any proceeding against any Indemnified
Parties and any negotiations for their settlement.
A11.4 Province’s Election. The Province may elect to participate in or conduct the defence of any
proceeding by providing Notice to the Recipient of such election without prejudice to any
other rights or remedies of the Province under this Agreement, at law or in equity. Each Party
participating in the defence will do so by actively participating with the other’s counsel.
Page 15 of 35
115
File Number: OCIF FC-384
A11.5 Settlement Authority. The Recipient will not enter into a settlement of any proceeding
against any Indemnified Parties unless the Recipient has obtained the prior written approval
of the Province. If the Recipient is requested by the Province to participate in or conduct the
defence of any proceeding, the Province will co-operate with and assist the Recipient to the
fullest extent possible in the proceeding and any related settlement negotiations.
A11.6 Recipient’s Co-operation. If the Province conducts the defence of any proceedings, the
Recipient will co-operate with and assist the Province to the fullest extent possible in the
proceedings and any related settlement negotiations.
ARTICLE A12
INSURANCE
A12.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain
for each Project being funded under this Agreement for a period of ninety (90) days after the
Recipient has submitted a Project Information Form attesting that the Project is complete , at
its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or
the equivalent, all necessary and appropriate insurance that a prudent person carrying out a
project similar to the Project would maintain, including commercial general liability insurance
on an occurrence basis for third party bodily injury, personal injury and property damage, to
an inclusive limit of not less than the amount set out under section C1.5 of Schedule “C” of
this Agreement per occurrence. The policy will include the following:
(a) The Indemnified Parties as additional insureds with respect to liability arising in the
course or performance of the Recipient’s obligations under, or otherwise in connection
with, the Project or under this Agreement;
(b) A cross-liability clause;
(c) Contractual liability coverage;
(d) Products and completed operations liability coverage;
(e) Employer’s liability coverage;
(f) Tenant’s legal liability coverage (for premises/building leases only);
(g) Non-owned automobile coverage with blanket contractual and physical damage
coverage for hired automobiles; and
(h) A thirty (30) day written notice of cancellation provision.
A12.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or
other proof as the Province may request within the time limit set out in that request, that
confirms the insurance coverage as required under section A12.1 of Schedule “A” of this
Agreement.
A12.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified
Parties with a right of “first call” or priority over any other person, including the Recipient, to
use or enjoy the benefits of the proceeds from the insurance policy required under section
A12.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands,
expenses, actions, causes of action and losses (including without limitation, reasonable legal
expenses and any claim for a lien made pursuant to the Construction Lien Act and for any
and all liability, damages to property and injury to persons (including death)) that may be
brought against the Indemnified Parties as a result of this Agreement.
Page 16 of 35
116
File Number: OCIF FC-384
ARTICLE A13
TERMINATION ON NOTICE
A13.1 Termination On Notice. The Province may terminate this Agreement at any time without
liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient.
A13.2 Consequences Of Termination On Notice By The Province. If the Province terminates
this Agreement pursuant to section A13.1 of Schedule “A” of this Agreement, the Province
may take one or more of the following actions:
(a) Direct that the Recipient does not incur any costs for the Project that are Eligible
Costs under this Agreement without the Province’s prior written consent;
(b) Cancel any further installments of the Funds;
(c) Demand the repayment of any Funds remaining in the possession or under the control
of the Recipient; and
(d) Determine the reasonable costs for the Recipient to wind down the Project, and do
either or both of the following:
(i) Permit the Recipient to offset such costs against the amount owing pursuant to
section A12.3(c) of Schedule “A” of this Agreement; and
(ii) Subject to section A3.9 of Schedule “A” of this Agreement, provide Funds to
the Recipient to cover such costs.
ARTICLE A14
TERMINATION WHERE NO APPROPRIATION
A14.1 Termination Where No Appropriation. If, as provided for in section A3.2(d) of Schedule “A”
of this Agreement, the Province does not receive the necessary appropriation from the
Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the
Province may terminate the Agreement immediately without liability, penalty or costs by giving
Notice to the Recipient.
A14.2 Consequences Of Termination Where No Appropriation. If the Province terminates this
Agreement pursuant to section A14.1 of Schedule “A” of this Agreement, the Province may
take one or more of the following actions:
(a) Cancel any further installments of the Funds;
(b) Demand the repayment of any Funds plus any Interest Earned on the unspent Funds
remaining in the possession or under the control of the Recipient; and
(c) Determine the reasonable costs for the Recipient to wind down the Project and permit
the Recipient to offset such costs against the amount owing pursuant to section
A14.2(b) of Schedule “A” of this Agreement.
A14.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section
A14.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or
under the control of the Recipient, the Province will not provide additional Funds to the
Recipient.
Page 17 of 35
117
File Number: OCIF FC-384
ARTICLE A15
EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT
A15.1 Events Of Default. Each of the following events will constitute an Event of Default:
(a) In the opinion of the Province, the Recipient breaches any representation, warranty,
covenant or other term of the Agreement, including failing to do any of the following in
accordance with the terms and conditions of this Agreement:
(i) Carry out the Project,
(ii) Use or spend the Funds,
(iii) Provide any Reports required under this Agreement, or
(iv) The Recipient fails to follow any directions that the Province provides under
this Agreement;
(b) The Recipient has provided false or misleading information to the Province;
(c) The Recipient is unable to continue any Project in which Funds are directed or the
Recipient is likely to discontinue any Project in which Funds are directed;
(d) The Recipient’s operations, or its organizational structure, changes such that it no
longer meets one or more of the eligibility requirements of the program under which
the Province provides the Funds;
(e) The Recipient makes an assignment, proposal, compromise, or arrangement for the
benefit of creditors, or a creditor makes an application or an order adjudging the
Recipient bankrupt, or applies for the appointment of a receiver; or
(f) The Recipient ceases to operate.
A15.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default
occurs, the Province may, at any time, take one or more of the following actions:
(a) Initiate any action the Province considers necessary in order to facilitate the
successful continuation or completion of the Project;
(b) Provide the Recipient with an opportunity to remedy the Event of Default;
(c) Suspend the payment of Funds for such a period as the Province determines
appropriate;
(d) Reduce the amount of Funds;
(e) Cancel any further installments of the Funds;
(f) Demand the repayment of any Funds remaining in the possession or under the control
of the Recipient;
(g) Demand the repayment of an amount equal to any Funds the Recipient used, but did
not use in accordance with the terms and conditions of this Agreement;
(h) Demand the repayment of an amount equal to any Funds the Province provided to the
Recipient, even though the Project is partially completed; and
(i) Terminate this Agreement at any time, including immediately, without liability, penalty
or costs to the Province upon giving Notice to the Recipient.
A15.3 Opportunity To Remedy. If, in accordance with section A15.2(b) of Schedule “A” of this
Agreement, the Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a) The particulars of the Event of Default; and
(b) The Notice Period.
A15.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to
remedy the Event of Default pursuant to section A15.2(b) of Schedule “A” of this Agreement,
and;
(a) The Recipient does not remedy the Event of Default within the Notice Period;
Page 18 of 35
118
File Number: OCIF FC-384
(b) It becomes apparent to the Province that the Recipient cannot completely remedy the
Event of Default within the Notice Period; or
(c) The Recipient is not proceeding to remedy the Event of Default in a way that is
satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided
for in sections A15.2(b), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement.
A15.5 When Termination Effective. Termination under this Article A15 of Schedule “A” of this
Agreement will take effect as set out in the Notice.
ARTICLE A16
LOBBYISTS AND AGENT FEES
A16.1 Lobbyists And Agent Fees. The Recipient represents and warrants:
(a) Any person hired by the Recipient to speak or correspond with any employee or other
person representing the Province concerning any matter relating to any Funds under
this Agreement or any benefit hereunder is registered, if required to register, pursuant
to the Lobbyists Registration Act, 1998;
(b) It has not and will not make a payment or other compensation to any other legal entity
that is contingent upon or is calculated upon the provision of any Funds hereunder or
negotiating the whole or any part of the terms or conditions of this Agreement; and
(c) No money from the Province was used or will be used to lobby or otherwise secure
the provision of any Funds in relation to this Agreement.
ARTICLE A17
FUNDS UPON EXPIRY
A17.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the
Province any unspent Funds remaining in its possession or under its control plus any Interest
Earned on the unspent Funds.
ARTICLE A18
REPAYMENT
A18.1 Repayment Of Overpayment Or Unspent Saved Funds. If at any time during the Term of
this Agreement the Province provides Funds in excess of the amount to which the Recipient
is eligible to receive under this Agreement or the Recipient does not spend any Funds that it
has saved in accordance with section A3.8 of this Agreement, the Province may:
(a) Deduct an amount equal to the excess or saved Funds plus Interest Earned from any
further installments of the Funds; or
(b) Demand that the Recipient pay an amount equal to the excess or saved Funds plus
Interest Earned to the Province.
A18.2 Debt Due. If, pursuant to this Agreement:
(a) The Province demands the payment of any Funds or an amount equal to any Funds
from the Recipient; or
(b) The Recipient owes any Funds or an amount equal to any Funds to the Province,
whether or not their return or repayment has been demanded by the Province,
Page 19 of 35
119
File Number: OCIF FC-384
such Funds or other amount will be deemed to be a debt due and owing to the Province by
the Recipient and the Recipient will pay or return the amount to the Province immediately,
unless the Province directs otherwise. For greater clarity, in the event that the Recipient
makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a
creditor makes an application for an order adjudging the Recipient bankrupt or applies for the
appointment of a receiver, this section A18.2 of Schedule “A” of this Agreement will not affect
any Funds that the Recipient is holding in trust for the Province under section A3.4 of
Schedule “A” of this Agreement.
A18.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the
Recipient at the then current interest rate charged by the Province of Ontario on accounts
receivable.
A18.4 Payment Of Money To Province. If the Province requires the Recipient to repay any Funds
or Interest Earned to the Province, the Recipient will pay any money owing to the Province by
cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the
address referred to in section A19.1 of Schedule “A” of this Agreement.
A18.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does
not repay any amount owing under this Agreement, Her Majesty the Queen in Right of
Ontario may set off any unpaid amount from any money payable to the Recipient by Her
Majesty the Queen in Right of Ontario.
A18.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and
agrees that any Funds provided under this Agreement are for the administration of social or
economic programs or the provision of direct or indirect support to members of the public in
connection with social or economic policy.
ARTICLE A19
NOTICE
A19.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email,
postage-paid mail, personal delivery or fax and will be addressed to the Province and the
Recipient respectively as set out in section C1.6 of Schedule “C” of this Agreement or as
either Party later designates to the other by written Notice.
A19.2 Notice Given. Notice will be deemed to have been given:
(a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or
(b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is
delivered.
A19.3 Postal Disruption. Despite section A19.2(a) of Schedule “A” of this Agreement, in the event
of a postal disruption,
(a) Notice by postage-paid mail will not be deemed to be received; and
(b) The Party giving Notice will provide Notice by email, personal delivery or fax.
ARTICLE A20
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
Page 20 of 35
120
File Number: OCIF FC-384
A20.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent
will not be considered valid unless that consent is in writing and the person providing the
consent indicates in the consent that that person has the specific authority to provide that
consent. The Province may also impose any terms and conditions on the consent and the
Recipient will comply with such terms and conditions.
ARTICLE A21
SEVERABILITY OF PROVISIONS
A21.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any
provision in this Agreement will not affect the validity or enforceability of any other provision of
this Agreement. Any invalid or unenforceable provision will be deemed to be severed.
ARTICLE A22
WAIVER
A22.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement
that Party may only rely on a waiver of the other Party if the other Party has provided a written
waiver in accordance with the Notice provisions in Article A19 of Schedule “A” of this
Agreement. Any waiver must refer to a specific failure to comply and will not have the effect
of waiving any subsequent failures to comply. For greater clarity, where the Province
chooses to waive a term or condition of this Agreement, such waiver will only be binding if
provided by a person who indicates in writing that he or she has the specific authority to
provide the waiver.
ARTICLE A23
INDEPENDENT PARTIES
A23.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint
venturer, partner or employee of the Province and the Recipient will not represent itself in any
way that might be taken by a reasonable person to suggest that it is or take any actions that
could establish or imply such a relationship.
ARTICLE A24
ASSIGNMENT OF AGREEMENT OR FUNDS
A24.1 No Assignment. The Recipient will not, without the prior written consent of the Province,
assign any of its rights or obligations under this Agreement.
A24.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to
and be binding on the Parties’ respective heirs, executors, administrators, successors and
permitted assigns.
ARTICLE A25
GOVERNING LAW
Page 21 of 35
121
File Number: OCIF FC-384
A25.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will
be governed by and construed in accordance with the laws of the Province of Ontario and the
applicable federal laws of Canada. Any actions or proceedings arising in connection with this
Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction
over such proceedings.
ARTICLE A26
FURTHER ASSURANCES
A26.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province
may request from time to time with respect to any matter to which the Agreement pertains
and will otherwise do or cause to be done all acts or things necessary to implement and carry
into effect the terms and conditions of this Agreement to their full extent.
ARTICLE A27
JOINT AND SEVERAL LIABILITY
A27.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all
such entities will be jointly and severally liable to the Province for the fulfillment of the
obligations of the Recipient under this Agreement.
ARTICLE A28
RIGHTS AND REMEDIES CUMULATIVE
A28.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this
Agreement are cumulative and are in addition to, and not in substitution of, any of its rights
and remedies provided by law or in equity.
ARTICLE A29
JOINT AUTHORSHIP
A29.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this
Agreement and no provision herein will be interpreted against one Party by the other Party
because of authorship. No Party will seek to avoid a provision herein because of its
authorship through recourse to a third party, court, tribunal or arbitrator.
ARTICLE A30
FAILURE TO COMPLY WITH OTHER AGREEMENT
A30.1 Other Agreements. If the Recipient:
(a) Has committed a Failure;
(b) Has been provided with notice of such Failure in accordance with the requirements of
such other agreement;
(c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of
such other agreement; and
(d) Such Failure is continuing,
Page 22 of 35
122
File Number: OCIF FC-384
the Province may suspend the payment of Funds under this Agreement without liability,
penalty or costs for such period as the Province determines appropriate.
ARTICLE A31
SURVIVAL
A31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early
termination of this Agreement will so survive for a period of seven (7) years from the Expiry
Date expiry or date of termination. Without limiting the generality of the foregoing, the
following Articles and sections, and all applicable cross-referenced sections and schedules
will continue in full force and effect for a period of seven (7) years from the Expiry Date or the
date of termination: Article A1 and any other applicable definitions, sections A3.2(d), A3.5,
section 4.2, section A7.1 (to the extent that the Recipient has not provided the Reports to the
satisfaction of the Province), section A6.2 , Article A7, Article A11, section A13.2, sections
A14.2 and A14.3, sections A15.1, A15.2(d), (e), (f), (g) and (h), Article A17, Article A18,
Article A19, Article A21, section A24.2, Article A25, Article A27, Article A28, Article A29,
Article A30 and this Article A31.
A31.2 Survival After Creation. Despite section A31.1 of this Agreement, section A7.2 of this
Agreement, including all cross-referenced provisions and Schedules, will continue in full force
and effect for a period of seven (7) years from the date in which that document or record
referred to in section A7.2 of this Agreement was created.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “B” FOLLOWS]
Page 23 of 35
123
File Number: OCIF FC-384
SCHEDULE “B”
ADDITIONAL TERMS AND CONDITIONS
B1.1 No Additional Terms And Conditions: There are no additional terms or conditions for this
Agreement.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “C” FOLLOWS]
Page 24 of 35
124
File Number: OCIF FC-384
SCHEDULE “C”
OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT
C1.1 Effective Date. The Effective Date of this Agreement is as of the date that the Province signs
it.
C1.2 Expiry Date. The Expiry Date of this Agreement is March 31, 2027.
C1.3 Disposal Of Assets. The Recipient will retain any assets purchased, rehabilitated or built
with the Funds under this Agreement for a period of five (5) years from the date that the
Project is completed. Within this five (5) year period, the Recipient may ask for the Province’s
consent to dispose of any assets purchased, rehabilitated or built with the Funds under this
Agreement. The Province may impose any reasonable conditions, including requesting the
return of Funds from the Recipient, in return for its consent.
C1.4 Submission Of Reports. All Reports under this Agreement will be submitted to the Province
using the address supplied under section C1.6 of this Schedule “C” of the Agreement or any
other person identified by the Province in writing.
C1.5 Insurance Amount. The amount of insurance the Recipient will have for the purposes of
section A12.1 of Schedule “A” of this Agreement is no less than two million dollars
($2,000,000.00) in general commercial liability insurance per occurrence.
C1.6 Providing Notice. All Notices under this Agreement will be provided to:
TO THE PROVINCE TO THE RECIPIENT
Ministry of Agriculture, Food and Rural Affairs
Rural Programs Branch
1 Stone Road West, 4NW
Guelph, Ontario N1G 4Y2
Attention: Manager, Infrastructure Renewal
Programs
Fax: 519-826-3398
Email: OCIF@ontario.ca
The Corporation of the Town of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, Ontario
N4G 5A7
Attention: David Calder
Fax:
Email: dcalder@tillsonburg.ca
or any other person identified by the Parties in writing.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “D” FOLLOWS]
Page 25 of 35
125
File Number: OCIF FC-384
SCHEDULE “D”
ELIGIBLE PROJECT CATEGORIES
D1.1 Eligible Project. Eligible Projects include:
(a) The development and implementation of asset management plans (e.g. software,
training, inspections) and the implementation of Composite Correction Program
recommendations.
(b) Capital projects and capital maintenance for the renewal, rehabilitation and
replacement of core infrastructure assets or capital construction of new core
infrastructure that addresses an existing health or safety issue, including:
(i) Water:
a. Water treatment, and
b. Water distribution/transmission.
(ii) Wastewater:
a. Wastewater treatment and disposal,
b. Sanitary sewer systems, and
c. Storm sewer systems (urban and rural).
(iii) Roads:
a. Paved roads,
b. Unpaved roads,
c. Bus-only lanes,
d. Street lighting may be included as an eligible item when part of a road
project, and
e. Sidewalks and/or cycling lanes located along an existing road.
(iv) Bridges and Culverts:
a. Sidewalks and/or cycling lanes located along an existing road.
Without limiting the foregoing, the Project must be part of the Recipient’s asset management
plan in order to be eligible.
A Recipient may transfer its yearly allocation to another recipient in the furtherance of a joint
project, provided:
(a) The joint project is listed as a priority in the asset management plans for the Recipient
and other recipients;
(b) The Recipient and other recipients inform the Province in writing that they are
undertaking a joint project prior to implementation; and
(c) The Recipient and other recipients have an agreement in place governing the joint
project, including how the joint project is being funded.
D2.1 Ineligible Projects. Ineligible projects are any project not part of the Recipient’s Asset
Management Plan, and also include:
(a) Projects that are routine upgrades or improvements to storm water infrastructure and
drainage (Note: an eligible project must eliminate or significantly reduce the potential
for serious damages to adjacent critical infrastructure (e.g. roads, bridges, etc.));
(b) Growth-related expansion projects (e.g. new subdivision infrastructure);
(c) Infrastructure expansion projects to accommodate future employment or residential
development on greenfield sites; and
(d) Recreational trail projects.
Page 26 of 35
126
File Number: OCIF FC-384
SCHEDULE “E”
ELIGIBLE AND INELIGIBLE COSTS
E1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and section E.2 of this
Schedule “E” of the Agreement, Eligible Costs shall only include all direct and incremental
costs that are attributable to the development and implementation of the Project and are in
the Province’s sole and absolute discretion, properly and reasonably incurred as well as
necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays that are
documented through invoices, receipts or other records that is acceptable to the Province.
Without limiting the generality of the foregoing, Eligible Costs shall only include the following:
(a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in
part, a tangible core infrastructure asset;
(b) Development and implementation of asset management plans (e.g. software, training
third-party condition assessments), including Consultant costs;
(c) Activities that improve the performance or increase the capacity of existing water and
wastewater infrastructure under the Composite Correction Program including third-
party comprehensive performance evaluations and third-party comprehensive
technical assistance;
(d) Up to 40% of the annual Funds allocation to a maximum of eighty thousand dollars
($80,000.00) per year for Recipient staff members whose responsibilities include asset
management and/or Composite Correction Program implementation while receiving
third-party comprehensive technical assistance;
(e) All capital planning and assessment costs, such as the costs of environmental
planning, surveying, engineering, architectural supervision, testing and management
consulting services;
(f) The costs for permits, approvals, licences and other authorizing documents, as well as
inspections and other fees directly attributable to obtaining a permit, approval, licence
or other authorizing document, provided those costs are directly attributable to the
construction and implementation of Project;
(g) Loan payments and interest charges on eligible core infrastructure activities started
after January 1, 2017 that the Recipient has obtained financing to complete;
(h) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees,
provided they are reasonable, on matters pertaining to the Project, including the
translation of documents into languages spoken by the affected Aboriginal Group, but
does not include any capacity-building funding unless specifically approved by the
Province in writing prior to being incurred;
(i) The costs of Project-related signage, lighting, Project markings and utility adjustments;
(j) The costs of joint communication activities, such as press releases, press
conferences, translation and road signage recognition, as described in Schedule “H” of
this Agreement; and
(k) Other costs that are, in the Province’s sole and absolute discretion, direct, incremental
and necessary for the successful implementation of the Project, provided those costs
have been approved by the Province in writing prior to being incurred.
E2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be
paid from the Funds being provided under this Agreement:
(a) Costs incurred which are not in accordance with section A5.1 of Schedule “A” of this
Agreement;
Page 27 of 35
127
File Number: OCIF FC-384
(b) Any costs related to any ineligible projects set out under section D2.1 of Schedule “D”
of this Agreement;
(c) Costs associated with the acquisition or leasing of:
(i) Land,
(ii) Buildings,
(iii) Equipment,
(iv) Other facilities, and
(v) Obtaining easements, including costs or expenses for surveys,
and includes real estate fees and other related costs;
(d) Costs associated with moveable / transitory assets (e.g. portable generators, etc.) or
rolling stock (e.g. trucks, graders, etc.);
(e) Costs related to recreational trails;
(f) Legal fees, other than those association with consultation with Aboriginal Groups
(provided such legal fees are reasonable), as well as loan and interest payments that
do not comply with section E1.1(g) of Schedule “E” of this Agreement;
(g) Taxes, regardless of any rebate eligibility;
(h) The value of any goods and services which are received through donations or in kind;
(i) Employee wages and benefits, overhead costs as well as other direct or indirect
operating, maintenance and administrative costs incurred by the Recipient for the
Project, and more specifically, but without limiting the generality of the foregoing, costs
relating to services delivered directly by permanent employees of the Recipient;
(j) Meal, hospitality or incidental costs or expenses of Consultants;
(k) Costs associated with completing Expressions of Interest and/or applications for the
Ontario Community Infrastructure Fund or the Building Canada Fund – Small
Communities Fund;
(l) Costs of accommodation for any Aboriginal Group; and
(m) Costs incurred contrary to section A16.1 of Schedule “A” of this Agreement.
E2.2 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired
from parties that are not Arm’s Length from the Recipient must be valued at the cost of the
supplying entity and shall not include any mark up for profit, return on investment or overhead
costs and shall not exceed fair market value. The Province may not consider the eligibility of
any of these costs unless access is provided to the relevant records of the supplying entity.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “F” FOLLOWS]
Page 28 of 35
128
File Number: OCIF FC-384
SCHEDULE “F”
FINANCIAL INFORMATION
F1.1 Allocation Notices Form Part Of Schedule “F” Upon Being Issued. The Parties agree
that when the Province issues an Allocation Notice to the Recipient for a Funding Year, that
Allocation Notice will become part of this Schedule “F” of the Agreement upon being issued
by the Province and is enforceable under this Agreement.
F1.2 Revised Allocation Notices Form Part Of Schedule “F” Upon Being Issued. The Parties
agree that in the event that the Province issues a Revised Allocation Notice for whatever
reason, that Revised Allocation Notice will revoke and replace the Allocation Notice for which
the Revised Allocation Notice was issued and that Revised Allocation Notice will become part
of this Schedule “F” of the Agreement upon being issued by the Province and will be
enforceable under this Agreement.
F1.3 No Amending Agreement Needed To Have Allocation Notice Or Revised Allocation
Notice Become Part Of Schedule “F” Of Agreement. For greater clarity, and despite
section 3.1 of the Agreement, the Parties agree that this Schedule “F” may be altered by the
issuance of an Allocation Notice or a Revised Allocation Notice without having to amend this
Agreement.
F2.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Province will
provide any Funds pursuant to this Agreement in accordance with the following:
(a) Where the Funds are less than one hundred fifty thousand dollars ($150,000.00), the
Province will make one (1) payment to the Recipient by March 31 of the allocation
year;
(b) Where the Funds are more than one hundred fifty thousand dollars ($150,000.00), but
less than one million dollars ($1,000,000.00), the Province will make six (6) payments
to the Recipient over the calendar year; and
(c) Where the Funds are more than one million dollars ($1,000,000.00), the Province will
make twelve (12) payments to the Recipient over the calendar year.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “G” FOLLOWS]
Page 29 of 35
129
File Number: OCIF FC-384
SCHEDULE “G”
ABORIGINAL CONSULTATION REQUIREMENTS
G1.1 Purpose. This Schedule sets out the responsibilities of the Province and the Recipient in
relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of
consultation from the Province to the Recipient.
G1.2 Definitions. For the purposes of this Schedule:
“Section 35 Duty” means any duty the Province may have to consult and, if required, accommodate
Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982.
G2.1 The Province’s Responsibilities. The Province is responsible for:
(a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any,
and advising the Recipient of same;
(b) The preliminary and ongoing assessment of the depth of consultation required with the
Aboriginal Groups;
(c) Delegating, at its discretion, procedural aspects of consultation to the Recipient
pursuant to this Schedule;
(d) Directing the Recipient to take such actions, including without limitation suspension as
well as termination of the Project, as the Province may require;
(e) Satisfying itself, where it is necessary to do so, that the consultation process in relation
to the Project has been adequate and the Recipient is in compliance with this
Schedule; and
(f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal
Groups require accommodation, that Aboriginal Groups are appropriately
accommodated in relation to the Project.
G3.1 Recipient’s Responsibilities. The Recipient is responsible for:
(a) Giving notice to the Aboriginal Groups regarding the Project as directed by the
Province, if such notice has not already been given by the Recipient or the Province;
(b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the
Project and advising of the details of the same;
(c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal
Groups a full description of the Project unless such description has been previously
provided to them;
(d) Following up with the Aboriginal Groups in an appropriate manner to ensure that
Aboriginal Groups are aware of the opportunity to express comments and concerns
about the Project, including any concerns regarding adverse impacts on hunting,
trapping, fishing, plant harvesting or on burial grounds or archaeological sites of
cultural significance to the Aboriginal Groups, and immediately advising the Province
of the details of the same;
(e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to
the Project of which the Recipient is aware after reasonable inquiry;
(f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties
for environmental assessment and other purposes and providing to the Aboriginal
Groups all notices and communications that the Recipient provides to interested
parties and any notice of completion;
Page 30 of 35
130
File Number: OCIF FC-384
(g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups
in relation to the Project;
(h) Providing the Aboriginal Groups with reasonable opportunities to meet with
appropriate representatives of the Recipient and meeting with the Aboriginal Groups to
discuss the Project, if requested;
(i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit
effective participation in consultation processes for the Project, but only after
consulting with the Province;
(j) Considering comments provided by the Aboriginal Groups regarding the potential
impacts of the Project on Aboriginal or treaty rights or asserted rights, including
adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or
archaeological sites of cultural significance to an Aboriginal Group, or on other
interests, or any other concerns or issues regarding the Project;
(k) Answering any reasonable questions to the extent of the Recipient’s ability and
receiving comments from the Aboriginal Groups, notifying the Province of the nature of
the questions or comments received and maintaining a chart showing the issues
raised by the Aboriginal Groups and any responses the Recipient has provided;
(l) Where an Aboriginal Group asks questions regarding the Project directly of the
Province, providing the Province with the information reasonably necessary to answer
the inquiry, upon the Province’s request;
(m) Subject to section G3.1(o) of this Schedule “G” of the Agreement, where appropriate,
discussing with the Aboriginal Groups potential accommodation, including mitigation of
potential impacts on Aboriginal or treaty rights, asserted rights or associated interests
regarding the Project and reporting to the Province any comments or questions from
the Aboriginal Groups that relate to potential accommodation or mitigation of potential
impacts;
(n) Consulting regularly with the Province during all discussions with Aboriginal Groups
regarding accommodation measures, if applicable, and presenting to the Province the
results of such discussions prior to implementing any applicable accommodation
measures;
(o) Complying with the Province’s direction to take any actions, including without
limitation, suspension or termination of the Project, as the Province may require; and
(p) Providing in any contracts with Third Parties for the Recipient’s right and ability to
respond to direction from the Province as the Province may provide.
G3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that,
notwithstanding section A4.2 of Schedule “A” of this Agreement, the Province, any provincial
ministry having an approval role in relation to the Project, or any responsible regulatory body,
official, or provincial decision-maker, may participate in the matters and processes
enumerated therein as they deem necessary.
G3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the
following functions in relation to record keeping, information sharing and reporting to the
Province:
(a) Provide to the Province, upon request, complete and accurate copies of all documents
provided to the Aboriginal Groups in relation to the Project;
(b) Keep reasonable business records of all its activities in relation to consultation and
provide the Province with complete and accurate copies of such records upon request;
(c) Provide the Province with timely notice of any Recipient mailings to, or Recipient
meetings with, the representatives of any Aboriginal Group in relation to the Project;
Page 31 of 35
131
File Number: OCIF FC-384
(d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the
Project and provide copies to the Province of any documentation received from
Aboriginal Groups;
(e) Advise the Province in a timely manner of any potential adverse impact of the Project
on Aboriginal or treaty rights or asserted rights of which it becomes aware;
(f) Immediately notify the Province if any Aboriginal archaeological resources are
discovered in the course of the Project;
(g) Provide the Province with summary reports or briefings on all of its activities in relation
to consultation with Aboriginal Groups, as may be requested by the Province; and
(h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to
enter into an agreement directed at mitigating or compensating for any impacts of the
Project on Aboriginal or treaty rights or asserted rights.
G3.4 Recipient Shall Assist The Province. The Recipient shall, upon request lend assistance to
the Province by filing records and other appropriate evidence of the activities undertaken both
by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the
Project, attending any regulatory or other hearings, and making both written and oral
submissions, as appropriate, regarding the fulfillment of Aboriginal consultation
responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial
decision-makers.
G4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be
construed as an admission, acknowledgment, agreement or concession by the Province or
the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any
responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory
aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation
referred to in subsection G2.1 hereof is an aspect of the Section 35 Duty that could not have
lawfully been delegated to the Recipient had the Parties so agreed.
G5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute
for any requirements or procedures in relation to Aboriginal consultation or the Section 35
Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker
acting pursuant to laws and regulations. Such decision-makers may have additional
obligations or requirements. Nonetheless, the intent of the Province is to promote
coordination among provincial ministries, boards and agencies with roles in consulting with
Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled
efficiently and in a manner that avoids, to the extent possible, duplication of effort by
Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies
and other regulatory decision-makers.
G6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Schedule
shall be in writing and shall be given sent to the person identified under section C1.6 of
Schedule “C” of this Agreement.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “H” FOLLOWS]
Page 32 of 35
132
File Number: OCIF FC-384
SCHEDULE “H”
COMMUNICATIONS PROTOCOL
H1.1 Application Of Protocol. This Protocol applies to all communications activities related to
any funding the Recipient receives under this Agreement. Communications activities may
include, but are not limited to:
(a) Project signage;
(b) Media events and announcements, including news conferences, public
announcements, official events or ceremonies, news releases;
(c) Printed materials;
(d) Websites;
(e) Photo compilations;
(f) Award programs; or
(g) Awareness campaigns.
H2.1 Project Signage. The Province may require that a sign be installed at the site of the Project.
If the Recipient installs a sign at the site of a Project, the Recipient shall, at the Province’s
request, provide acknowledgement of the provincial contribution to the Project. Sign design,
content and installation guidelines will be provided by the Province.
Where the Recipient decides to install a permanent plaque or other suitable marker with
respect to a Project, it must recognize the provincial contribution to the Project and be
approved by the Province prior to installation.
The Recipient is responsible for the production and installation of Project signage, unless
otherwise agreed upon in writing prior to the installation of the signage.
H3.1 Media Events. The Province or the Recipient may request a media event, announcement or
recognition of key milestones related to Project.
In requesting a media event or an announcement, the Party requesting the event will provide
at least twenty-one (21) Business Days’ notice to the other Party of its intention to undertake
such an event. The event will take place at a date and location that is mutually agreed to by
the Parties. The Parties will have the opportunity to participate in such events through a
designed representative. Each participant will choose its designated representative.
All joint communications material related to media events and announcements must be
approved by the Province and recognize the funding provided by the Province.
Media events and announcements include but are not limited to:
(a) News conferences;
(b) Public announcements;
(c) Official events or ceremonies; or
(d) News releases.
H4.1 Awareness Of Project. The Recipient may include messaging in its own communications
products and activities with regards to the Project. When undertaking such activities, the
Recipient will provide the opportunity for the Province to participate and will recognize the
funding provided by the Province.
Page 33 of 35
133
File Number: OCIF FC-384
H5.1 Issues Management. The Recipient will share information promptly with the Province should
significant emerging media, Project or stakeholder issues relating to a Project arise. The
Province will advise the Recipient, when appropriate, about media inquiries concerning the
Project.
H6.1 Communicating Success Stories. The Recipient agrees to communicate with the Province
for the purposes of collaborating on communications activities and products including but not
limited to success stories and features relating to the Project.
The Recipient acknowledges and agrees that the Province may publicize information about
the Project. The Province agrees it will use reasonable efforts to consult with the Recipient
about the Province’s publication about the Project prior to making it.
H7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the
Ontario Community Infrastructure Fund, the Recipient will indicate in the material that the
views expressed in the material are the views of the Recipient and do not necessarily reflect
the Province’s views.
[REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “I” FOLLOWS]
Page 34 of 35
134
File Number: OCIF FC-384
SCHEDULE “I”
REPORTS
I1.1 Reports. The Recipient will submit the following Reports in accordance with the reasonable
directions provided by the Province by the date indicated in the chart immediately below. The
Province will provide the contents of the Report at a later date.
NAME OF REPORT DUE DATE
Annual Financial Report See section I2.1 of this Schedule.
Project Information Report See section I2.1 of this Schedule.
Other Reports Within the time period set out in the written
request from the Province.
I2.1 Timing Of Reports. The Recipient will provide to the Province the following Reports at the
times noted below:
(a) By January 15th of each year:
(i) Project Information Report
Project Status and Financial Update for all Projects
For Asset Management Planning or Composite Correction Program,
Implementation Staff Time Attestations (as appropriate)
Completed Project Being Debt Financed – Yearly Update (as
appropriate)
(ii) Annual Financial Report from the previous year (Interest Earned must be
reported for the previous calendar year)
(b) By April 15th of each year:
(i) Project Information Report – Proposed Project Information for any new or
revised Project (reminder – a Duty to Consult assessment must be completed
by the Province for each Project forty-five (45) Business Days prior to the start
of construction of that Project)
(c) Within forty-five (45) Business Days of Project or construction completion or no later
than January 15th of the year following completion of the Project
(i) Project Information Report – Completed Project information
Page 35 of 35
135
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4045
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on
the 11th day of October, 2016
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meeting held on October 11, 2016, 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 the 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 11th DAY of October, 2016.
READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY of October, 2016.
________________________________
Mayor – Stephen Molnar
________________________________
Town Clerk – Donna Wilson
136