Loading...
161011 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Regrets: Councillor Maxwell Adam Staff: David Calder, CAO Donna Wilson, Town Clerk Janelle Costantino, Manager of Finance Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Closed Session Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 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). Carried 3.Adoption of Agenda The Corporation of the Town of Tillsonburg COUNCIL MEETING Tuesday, October 11, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting – Minutes, October 11, 2016 - 2 - Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Tuesday, October 11, 2016, be adopted. Carried 4. Moment of Silence The Mayor paid tribute to Olie Mandryk, former member of Tillsonburg Town Council. 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of September 26, 2016 Minutes, September 26, 2016 Resolution #3 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of September 26, 2016, be approved. Carried 7. Delegations and Presentations 7.1. National United Church - Child Poverty Initiative Delegation By: Esther Sol, President Irene Gillespie, Member of U.C.W. Karon Harris, Member of U.C.W. St. Paul's United Church - United Church Women Delegation Request The delegates presented each member of council with a doll to raise awareness about children living in poverty. Council Meeting – Minutes, October 11, 2016 - 3 - Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the delegation regarding the National United Church – Child Poverty Initiative, as information. Carried Resolution #5 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:15 p.m. Carried 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 Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Report A-12/16 for the application for Minor Variance. Opportunity was given for comments and questions. The applicant Daniel Couture appeared before council in support of the application. Greg Rumble, appeared before council on behalf of neighbour Isabelle Godo to request that equipment used to construct the pergola not encroach upon her property. No other member of the public appeared in support of or opposition to the application. Council passed the following resolution: Council Meeting – Minutes, October 11, 2016 - 4 - Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 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 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 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. Carried Resolution #7 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council move out of the Committee of Adjustment and move back into regular session at 6:24 p.m. Carried 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. Solar projects including rooftop, ground and ground-mounted projects need to meet zoning requirements for the municipality. Council Meeting – Minutes, October 11, 2016 - 5 - Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson WHEREAS the Province’s FIT Program encourages the construction and operation of 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. Carried 9.2. Clerk’s Office 9.2.1. CL 16-29 Deputy Mayor Position CL 16-29 Deputy Mayor Position Staff to provide a follow-up report to Council and include public comments on the Deputy Mayor position. Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report CL 16-29, Deputy Mayor Position; Council Meeting – Minutes, October 11, 2016 - 6 - AND THAT Council approve in principle, 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. Carried 9.2.2. CL 16-30 Municipal Elections Modernization Act, Bill 181 CL 16-30 Mun Election Modernization Act 2016 Resolution #10 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report CL 16-30 2018, Municipal Elections Modernization Act, Bill 181, as information. Carried 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 Section (i) of the By-Law was amended to include the wording “Director of Operations or his/her designate”. Resolution #11 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine 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. Carried Council Meeting – Minutes, October 11, 2016 - 7 - 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 Resolution #12 Moved By: Councillor Rosehart Seconded By: Councillor Hayes 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. Carried 9.4. Finance 9.4.1. FIN 16-29 OCIF Formula-Based Funding Agreement FIN16-29 OCIF Formula Based Funding agreement Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 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. Carried 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 Council Meeting – Minutes, October 11, 2016 - 8 - The transfer of remains from the old Columbaria to the new unit at the Tillsonburg Cemetery is scheduled to take place on Tuesday, October 18, 2016 at 9:00 a.m. Local clergy will be present. The public is welcome to attend and observe. The construction of the Pump track is underway with completion anticipated next week. A grand opening event will take place in the spring. For safety purposes, the public is reminded to stay off the track until the fencing is removed. Resolution #14 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report RCP 16-33, Jul-Sep 2016 RCP Departmental Activity Reports, as information. Carried 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 Dennis Fairall will be recognized as Tillsonburg’s Favourite Son at the Bridges at Tillsonburg on October 30, 2016 from 2:00 to 4:00 p.m. The public is welcome to attend. Council Meeting – Minutes, October 11, 2016 - 9 - Resolution #15 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson 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. Carried 12. Notice of Motions 13. By-Laws By-Laws from the Meeting of Tuesday, October 11, 2016 Resolution #16 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine 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), 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. Carried Resolution #17 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine 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 Council Meeting – Minutes, October 11, 2016 - 10 - and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 14. Items of Public Interest Council extended their thanks to the joint efforts of the Tillsonburg Beautification Working Group and their partners for the planters on Broadway. 15. Adjournment Resolution #18 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Council Meeting of Tuesday, October 11, 2016 be adjourned at 7:40 p.m. Carried Table 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