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130812 Council MIN
Town of Tillson burg Minutes of Council Meeting Date: Monday August 12, 2013 6:00PM Council Chambers Chair: John Lessif •• II ) MINU 1 t:::;: Meeting ror me Gommmee ··upen ~._;ouncw Review Access: e Public 0 Private Orders of the Day: CALL TO ORDER MINUTES Town of Tillson burg Council Meeting on Monday August 12, 2013 06:00PM Council Chambers Chair: John Lessif The meeting was called to order at 4:30 PM ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of August 12, 2013, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session, to consider: 08.12.13 Matters relating to a proposed or pending acquisition or disposition of land by the Municipality (TVDSB), and Matters relating to a proposed or pending acquisition or disposition of land by the Municipality (Potential Land Sale). "Carried" Council moved into Closed Session at 4:31 PM. Council resumed session at 6:00 PM MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Page 1 MINUTES: Meeting for the Committee "Open Council" 6. Committee of Adjustment Application A-04/13 Presented By: Development Planner, Oxford County -,: ~ A04 13_rpt.pdf A04-13-Notice of Public Hearing-104 Sanders Cres .. pdf A04 13 Decision.pdf Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2013-227. Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. Council passed the following resolution: Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 04/13, submitted by Fusion Homes for lands described as Lot 17, Plan 41 M-241 in the Town of Tillsonburg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Exterior Side Yard, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 6.5 m (21.3 ft); 2. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Setback from Centreline of Arterial Road, to reduce the minimum required distance from the centreline of an arterial road from 20.5 m (67 .3ft) to 19.6 m (64.3 ft); to allow the construction of a single detached dwelling. Subject to the following conditions: i) A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. iii) Minor Variance approval is granted only for a single detached dwelling that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of this report. "Carried" 7. Zone Change Application ZN 7-13-07, 124 Tillson Ave Presented By: Development Planner, Oxford County ZN 7-13-0 7 -rpt. pdf Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2013-226. Opportunity was given for comments and questions. The applicant answered a question from Council regarding the company brand that will be used. No one appeared in support, or opposition of the application. Page 3 MINUTES: Meeting for the Committee "Open Council" Staff to provide a report to Council regarding pricing of paperless payroll distribution. Resolution No. 8: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receives report FIN 13-28 Second Quarter 2013 Finance Department report as information. "Carried" 21. OPS 13-21.2013 Second Quarter Operations Services Report Presented By: Director of Operations Resolution No. 9: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receive report OPS 13-21 Second Quarter 2013 Operations Services report as information. "Carried" 22. DCS 13-68, 2013 Second Quarter Development and Communication Services Report Presented By: Director of Development & Communication Services DCS 13-68 Second Quarter Report.pdf Resolution No. 1 0: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives report DCS 13-68 Second Quarter 2013 Development and Communication Services report as information; "Carried" 23. PRS 13-14, 2013 Second Quarter Parks & Recreation Services Report Presented By: Director of Parks and Recreation Services PRS 13-14-2013 PRS Second Quarter Report.pdf Resolution No. 11: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive report PRS 13-14 Second Quarter 2013 Parks & Recreation Services report for information. "Carried" 24. FRS 13-08. 2013 Second Quarter Fire Services Report Presented By: Fire Chief The Fire Chief introduced Mr. Terry Saelans, the new Deputy Fire Chief for the Town of Tillsonburg. Resolution No. 12: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive report FRS 13-08 Second Quarter 2013 Fire Services report as information. "Carried" Page 5 MINUTES: Meeting for the Committee "Open Council" AND THAT overnight parking be restricted only on arterial and collector roads from 2am to 6am, November 15th to March 31st. "Carried" 28. OPS 13-22, Electronic Recycling Depot Presented By: Director of Operations Resolution No. 16: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report OPS 13-22, Electronic Recycling Depot; AND THAT Council endorse the proposed Electronics Recycling Depot and provide a Letter of Support to the Ontario Electronic Stewardship; AND THAT Council approve the Station Arts Centre to set up a Electronics Recycling Depot on Municipal Parking Lot 6B. "Carried" DEVELOPMENT & COMMUNICATIONS 29. DCS 13-64, 2014 Airshow Presented By: Airport Administrator Staff to report back to Council regarding liability and insurance requirements for an airshow. Resolution No. 17: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Council receive Report DCS 13-64 2014 Airshow as information. "Carried" Mayor Lessif called a recess at 8:36 pm. Council resumed at 8:43 pm. 30. DCS 13-1 0, Southern Ontario Marketing Alliance (SOMA) Presented By: Director of Development & Communication Services ~· ~ DCS 13-10 SOMA. pdf Development Committee Resolution 07 .31.13.pdf Resolution No. 18: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Council receive Report DCS 13-10 Southern Ontario Marketing Alliance (SOMA) Report; AND THAT Staff implement the following recommendations: -Advise SOMA that the municipality will take up to an additional two year leave from SOMA. -Maintain the $20,000 SOMA Membership fee in reserve for the purposes of economic development. -Direct staff to report to Council by the first Council meeting in November 2013 the following: -what other options may exist to address the scope of work that SOMA addresses; -to assess what regional alliances may exist if any to accomplish the same focus as SOMA; and Page 7 ' I ) MINUTES: Meeting tor the Committee "Open council" AND THAT a variance to Sign By-Law 2976 be granted for the construction of a temporary 2 sided 6 feet x 3 feet x 6 feet high subdivision promotional directional sign located within the Town road allowance on the East side of Quarter Town Line just north of William Street; AND THAT Council authorizes staff to enter into an encroachment agreement with the subdivision owner for the placement of the temporary sign. "Carried" 36. DCS 13-60, Lease Extension 31 Earle Street Presented By: Director of Development & Communication Services Resolution No. 24: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report DCS 13-60, Lease Extension 31 Earle Street; AND THAT Council approve the Lease Extension agreement attached to report DCS 13-60; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into the lease extension with Infrastructure Ontario Lease Extension Agreement; AND THAT Council direct staff to take the additional rental amount into reserves for future capital costs at the subject facility. "Carried" 37. DCS 13-61, Airport Hangar Lease Presented By: Director of Development & Communication Services Resolution No. 25: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive Report DCS 13-61 Airport Hangar Land Lease; AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with Vernon Patrick Hinks for the construction of a 3,366 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2033 subject to the terms and conditions contained within the lease agreement. AND THAT a by-law be brought forward authorizing the Airport Hangar Land Lease agreement attached to DCS 13-61. "Carried" 38. DCS 13-66, Urban Design Criteria Checklist Presented By: Director of Development & Communication Services Facade Improvement Updated Criteria Matrix-DRAFT.pdf Resolution No. 26: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives report DCS 13-66 Urban Design Criteria Checklist; AND THAT Council approve the application and criteria attached to report DCS 13-66; "Carried" Page 9 .. MINUTES: Meeting for the Committee "Upen councw NOTICE OF MOTIONS Staff to provide Council with a report on the availability of a room for the MTO to conduct driving tests for seniors who are 80+ years old. BY-LAWS 44. By-Laws for the Meeting of August 12, 2013 By-Law 3758.pdf By-Law 3758-Schedule A.pdf By-Law 3748.pdf Resolution No. 31: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3747, to Amend By-law 3701, Traffic & Parking By-Law (Out of Court Penalties), By-Law 3748, to Amend By-Law 3701, being a by-law to regulate traffic and the parking (Accessible Parking), By-Law 3752, to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and County of Oxford (Encroachment Permit), By-Law 3754, to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Her Majesty The Queen in Right of Ontario as Represented by the Minister of Infrastructure, [] By-Law 3755, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and Vernon Patrick Hinks, By-Law 3756, to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the Multi-Service Centre, By-Law 3757, to Amend Zoning By-Law Number 3295, as amended (Hayhoe Homes), By-Law 3758, to amend Zoning By-Law Number 3295, as amended (124 Tillson Ave), and By-Law 3753, to Confirm the proceedings of Council at its meetings held on the 12th day of August, 2013, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" By-Law 3726, to Authorize a special municipal levy on certain lands within the Business Improvement Area (BIA) removed from agenda. Resolution No. 32: Moved By: Councillor Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3747, to Amend By-law 3701, Traffic & Parking By-Law (Out of Court Penalties), By-Law 3748, to Amend By-Law 3701, being a by-law to regulate traffic and the parking (Accessible Parking), By-Law 3756, to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the Multi-Service Centre, By-Law 3757, to Amend Zoning By-Law Number 3295, as amended (Hayhoe Homes), By-Law 3758, to amend Zoning By-Law Number 3295, as amended (124 Tillson Ave), and By-Law 3753, to Confirm the proceedings of Council at its meetings held on the 12th day of August, 2013, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" Page 11 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town of Tillsonburg Council Meeting on Monday July 8, 2013 06:00PM Council Chambers Chair: John Less if Orders of the Day: CALL TO ORDER ) The meeting was called to order at 4:30PM ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Ken Patterson, Deputy Treasurer Denis Duguay, Revenue/CSC Manager Amber Zimmer, Deputy Clerk REGRETS Darrell Eddington, Director of Finance David Samis, Director of Development & Communication Services ADOPTION OF AGENDA Page 1 of6 070813 Link to Agenda: (I, http:/ /notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GA/eGenda50.nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Tillsonburg. The meeting will be from 1 :00-4:00pm at the Livingston Centre. Staff to bring forward a recommendation for a Council member point of contact. Staff to work with Ms. Farrar regarding the use of a meeting room. INFORMATION ITEMS Page 3 of6 2. South West LHIN Board of Directors Supports Complex Continuing Care and Rehabilitation Services Realignment C. 3. Municipal Employer Pension Centre Ontario (MEPCO) OMERS Update (1, 4. Letter from Premier Regarding 2013 Ontario Budget C 5. Clearview Township Motion of "Not a Willing Host Community" for Industrial Wind Turbine Projects C. FINANCE '. 6. FIN 13-31, Parking Tax Levv C Presented By: Revenue/CSC Manager Resolution No. 4: Moved By: Councillor Beres Seconded By: Councillor Klein THAT Council receive Report FIN 13-31, Parking Tax Levy as information. "Carried" OPERATIONS 7. OPS 13-19, Linkoln Group Georgian Heights Subdivision-Barker Street e:J, Presented By: Director of Operations Resolution No. 5: Moved By: Councillor Beres Seconded By: Councillor Klein THAT Council receive Report OPS 13-19, Linkoln Group Subdivision-Barker Street report as information; FURTHER THAT Council approves funding the $17,500 shortage from the Barker Street Subdivision from the 2013 capital roads budget. "Carried" DEVELOPMENT & COMMUNICATIONS http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/20 15 MINUTES: Meeting for the Committee "Open Council" Page 5 of6 COMMITTEE MINUTES & REPORTS 11. Committees of Council Minutes e:J, NOTICE OF MOTION FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12. Cemetery Report C. BY-LAWS Staff to give priority to the Cemetery sign. Resolution No.9: Moved By: Mayor Lessif Seconded By: Councillor Getty THAT staff prepare a cemetery report on an overall vision for the cemetery, in collaboration with the Cemetery, Heritage and Beautification committee and the Staff of the Museum; FURTHER THAT the report include the historical value the cemetery has relative to the founders of Tillson burg and to provide details to include the Cemetery as a Historical Tourism site. "Carried" 13. By-Laws for the Meeting of July 8, 2013 Resolution No. 10: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT By-Law 3750, To amend Zoning By-Law Number 3295, Colin Ave and C. By-Law 3749, To Confirm the Proceedings ofthe Council Meeting of July 8, 2013 C. be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 11: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT By-Law 3750, To amend Zoning By-Law Number 3295, Colin Ave and By-Law 3749, To Confirm the Proceedings of the Council Meeting of July 8, 2013 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 19/06/2015 ) .c ::J u C) c ·-s ) 0 0::: C) L.. ::J .c c 0 en ·- ) ~ ./ -o +-' c ()) Q) > ..c Q) c en 0 ·-+-' c. c 0) E 0 (.) Q) 0 !..... ..:£ (.) (.) 0 (.) 0 ) ro ()) > ro ..c ~ !..... ()) Q) > ~ ·--Q) -o I ' ..:£ ro (.) 0 ..c 0 ) ~ ) - ·-L.. ro (])U) ..c I ' ~ 0~ ) ~ 0 0::: 0 +-' c !..... co Q) _J +-' ::J "'C C) <( ) c ·-$ 0 0:: en +-' c Q) "'C ::J +-' en 0 0 ..c (.) en ..c C) ·- ) I I --\ ) 0 I ' Q) :::J -~ en I ' c ro 0 0 (.) C) )0 ~ J, I ' ::::J "'C 0 Q) c Q) 0 C"'C Q) ·-~ ::::J ..c I ' ro ..c .~ c ·- c ·-co s..... +-' "'C c ::J 0 s..... I s..... co ~ "'--'"-" • The Town will instruct Union Gas to extend the existing gas line into the building • The TRC will take over payments on all utilities (gas, hydro, water) commencing Jan 1, 2014 and will no longer pay rent to the Town for use of the building • The town will re-allocate money that has been budgeted for Summer Place for the remainder of 2013 to pay for ancillary costs concerning the furnace installation. ·~ '.....-'-" Location of the furnace • Furnace supplied by Oldridge Heating and Cooling • A duct will run the length of the room along the ceiling with venting into the room. • There will be a similar duct extending into the front room • A pipe will run through the wall into the washroom area '-"' c ~ 0 ·- 0 ~ ro ~ I ..s:: I c I "' OJ m I.. Vl M OJ o· N ·-<C ~ a.. .... N M ~ s t:l.O :::J t-1 OJ <( ·- 0 > ~ N OJ > 0 ---- 2012 Airshow -overview • 2 successful airshows • $11,850 in sponsorships • $8,000 in-kind donations • Coordinated in less than 6 months • Small committee • Small volunteer pool • Virtually no social media advertising Vision for 2014 Airshow Cont'd • Type of performances to include: ./Jets ./ Precision Aerobatics ./ Helicopter ./Sky divers ./Vintage aircraft Committee Structure • Committee to take lead with Town as supporting partner • Structured committee with 10 members presently • First meeting-December 2012 • Divided into sub-committees • Goal -to have larger volunteer base to draw from Budget overview • Airport Budget • Sponsorship $10,000 $15,000 • Pre-show Race Event $7,500 • Spo.nsorship SWOX contribution $2,000 • Gate Receipts • Misc./VIP passes • Booth Vendor Rental Estimated revenues $17,700 $1,000 $250 $53,450 Conclusion • Thrilling Airshow and Family Festival for Oxford County and area residents • Airshow will promote and expose the Airport to the community • County wide involvement • Committee driven • Proceeds to local charity organizations • Airshow supports the Vintage Aircraft Cluster objective for the "Canada's Vintage Airport" vision /"if;tu •• '··\ Re: Parking levy L_,'!~-t U-Fill ~ater Center ,.;n·!!,f<1i~.?.f.?f.~=. to : Donna Wilson/Tillsonburg 07/31/2013 12:20 PM Hide Details From: U-Fill Water Center <ufillwater@gmail.com> Page 1 of2 To: Donna Wilson/Tillsonburg <DEWilson@tillsonburg.ca>, Hi Donna. I would like to speak with council regarding by-law 3726. I think it needs to includes commercial properties that meet the parking requirements to be able to apply for the exemption as well. Mike Christiaens Owner ?:519-688-8118 F: 519-688-9796 C: 519-863-6390 www. ufill.ca t''-· .. : 1. ( ·') \..' .. ~ r ,, \ ' ) '-.... SECTION 5.0 5.23.5 GENERAL PROVISIONS Page 5~21 ENCROACHMENT INTO MUNICIPAL ROAD·ALLOWANCE An outdoor patio, in the Central Commercial (CC) zone, may be permitted to encroach onto an improv,ed street only wh.ere it will not interfere with pedestrian or vehicular traffic and only where a valid encroachment agreement has been entered ·into with the Corporation and remains in good standing. 5.24 p·ARKING PROVISIONS 5.24.1 5.24.1.1 5.24.1.2 5.24.1.3 GENERAL REQUIREMENTS FOR PARKING AREAS OFF-STREET PARKING AREAS .REQUIRED Unless otherwise stated in this By-Law, motor vehicle parking spaces must be ·proVided on the same Jot as the building to which such parking is associated in accordance with the· parking standards set out in Section 5.24.2. MORE THAN ONE USE PER LOT In a building or strocture in which more than one (1) use .is located, the total requirement for parking will be the sum of the requirements applied to each separate use, unless otherwi~e expressly stated. PARTS TO Bt;: CONSIDERED AS REQUIRED SPACES Where the application of the parking standards as set out in Section 5.24.2, results in part of a parking spape being required, such part will be considered as one (1) required space. 5.24.1.4 USE OF PARKING AREAS AND SPACES 5.24.1.4.1 All required parking spaces must be used exclusively for that purpose and must not be used for any other purpose. If one (1) or more required parking spaces are to be provided in an attached or detached garage, each space shall have a minimum width of 2.7 m (8.86 ft) and minimum length of 6 m (19.7 ft) and shall remain unobstructed at all times. · 5.24.1.4.2 Where a parking area or space is permitted or required under this By-Law, no person shall use such area or space, in any zone, for parking any motor vehicle unless such vehicle is operative, used in operations incidental to the permitted uses in respect of which such parking area or space is provided, and bearing a motor vehicle license plate which is currently valid. Town ofTillsonburg Zoning By-Law Number 3295 () SECTION 5.0 5.24.1.7 5.24.1.7.1 GENERAL PROVISIONS Page 5-23 2.7 m (8.9 ft), except for parking spaces flanking a wall, fence or other ~....;;;..;;,lii,;,;;.;;;..,_---+-----=..:.::....;:.;.;~:.:....;.;..;.;J.;,.-__;_t--~~.o..;....;..,_..~--__ r obstruction, which !--=-=:....::=-;;;z.:,.=..:::;__ __ -+--........:.::~,_l...:-::.:....:.....:.:L.--4---=..:.:::..;.;;..~-=--r· shall be 3m (9.8 ft) parallel parking angle other than those listed 4 m {13.1 ft) for one way 6.5 m (21.3 ft) traffic and 6-m (19.7ft) . for . · · shall meet the requirements for the angle of parking which is g the angle being DRIVEWAY STANDARDS The following standards apply to driveways providing ingress and egress to parking spaces: Minimum Width One-Way Access Where the· access to a parking space is provided directly by a driveway from a public street, tne (lrive\lt(ay must be at least 3 m (9.8 ft) in width; 5.24.1.7.2 Width of Joint Access Where a joint ingress and egress driveway is provided to a parking aisle, the driveway width measured along the street line shall be at least 6.7 m (22ft) in width and no more than 9 m (29.5 ft) in width. 5.24.1. 7.3 Maximum Driveway Width., Residential Zones .. Within a residential zone, a maximum of 50% of either the area of the front yard or lot frontage, or the area or width of the exterior side yard, may be occupied by a driveway .or parking. area. 5.24.1.7.4 Number of Driveways Permitt~d (_) Every lot shall be limited to notmore than two (2) driveways for the first 30 m (98.4 ft) of fr<mtage·; and notmore than one (1) additional driveway for each additiohal 30 m (98.4 ft) of frontage. Town of Tillsonburg'Zoning By~Law Number 3295 1 / l) SECTION 5.0 Business Uses Office Uses Industrial Uses. Institutional Uses GENERAL PROVJSlONS ~ commercial school ~ financial institution -laundromat · -personal service establishment -retail store -service shop ~studio -funeral home office -government administrative offices -animal kennel -mediqalcentre ~ veteiinaiy clinic ~truck -warehouse -all other industrial uses ~place of worship school Page 5-25 gross of gross -Minimum 4 spaces or 6. · per 1 00 m2 ( 1, 076 W) gross floor area,·whichever is -5, plus 1 ~er classroom, or 1 per 10m (107.6 ftz) of gross floor area in the' gymnasium or auditorium, whichever is Town of Tillson burg Zoning By-Law Number 3295 f l (') ( \ \.____) SECTION5.0 5.24.3 5.24.3.1 GENERAL PROVISIONS Page 5-27 d) be located within -close proximity to the building or access ramp or structure; and e) be clearly identified and reserved for the exclusive use of as acC:essibleparking spaces. · TANDEM PARKING - Where parking is provided for a dwelling unit in an individual driveway, the required parking for that dwelling rnay be provided by a tandem parking space. LOCATION OF PARKING AREAS YARDS AND SETBACKS Motor vehicle parking areas niust be situated in accordance with the requirements set out in Table 5.24.3. Single detached, duplex and 2 1.2m unit converted dwellings in all All yard$ None (3.9ft) None Zones Semi-detached dwellings or .street fronting townhouse All yards None None None dwelling_s in any zone · RM and RH Zones and all Interior side yarcf uses In an R3-zone, except for 1.5m 1.5m a streetfronting townhouse nfa. (4.9ft) (4.9 ft) dwelling. Rear yard Commercial, Institutional, Any yard, e-xc,pt for Industrial, Development, and a required rear or Open Space Zones Interior side yard · 1m 1.5m 1.5 m abutting a (3.3ft) (4.9 ft) (4.9 ft) residenthll or· \ development zone Town of Tillsonburg Zoning By-Law Number 3295 (_) l_) SECTION 5.0 5.24.5 GENERAL PROVISIONS d) Queue spaces forming a waiting line must be . unobstructed by parking spaces or loading spaces and must be clearly delineated by·markings ahd·barrier5; · e) . ·Queu~ spaces forming. a waittng line or storage space from the service. offered cannot form part.ofa parking aisle providing access to a· parking space; and . f) QlJe4e spaces shall not be located in.a required yard abutting a Residential Zone or Entreprene1;1ri~l Zone; . . · EXCEPTIONS-PARKING SPACE REQUIREMENTS Notwithstanding the minimum parking requirement contained Table . 5.24.2.1, within the CC zone; the following minimum parking requirements shall apply:. · · · a) No additional parking :SpacE~S·shall be 'required for any-change of use within an existing building; b) For uses located within a building or portion of a building constructed aft~r the date of passing of this By .. Law, the minimum parking req4irements set out in T~ble 5:24.2.1 shall be applied at a rate of 50%, with the exception of a residential use, a hotel or motel or a shopping centre which shall be applied at the full rate. 5.25 PLANTING STRIPS 5.25.1 5.25.1.1 5.25.1.2 5.25.2 REQUIREMENTS FOR NON .. RESIDENTIAL USES Where a lot is used for any Non-Residential. purpose and the interior side or rear lot line abuts a residential use or undeveloped land in a Residential Zone or Development Zone then a strip of land adjoining such abutting lot line, or portion 'thereof, shall be used for no other purpose than a planting strip in accordance with the provision of this subseCtion. Where such Jot is in an Industrial Zone and the front, side or rear lot line abuts a portion of a street; the opposite ·side of which portion of the street abuts a residential use or undeveloped land in a Residential Zone or Development Zohe; then a strip of land adjoining such abutting lot line, or portion thereof, shall be used for no other purpose thart a planting strip in accordancewith the provisions of this subsection. WIDTH Where.a planting strip is required in any zone and consists of landscaping or a landscapecJ earthen berm, the pfanting strip shall have a minimum width of 3 m(9.8 ft) •. A planting. strip consisting of a wooden privacy fence shall have a minimum width of 1 m (3.3 ft). Town of Tillson burg Zoning By.;Law Number 3295 Council Delegation Tillsonburg BIA, Facade Implementation Project John Kirkland, Chairman of the BIA is going to provide Council an Overview of the project, project objectives and progress to date. At this point, the Tillson burg BIA is working with Town staff to introduce and roll out the Program to provide Facade Improvement Grants for interested BIA property owners. He will introduce Juri Berzins, urban designer and facade improvement consultant to provide details of the project including; Tillson burg design theme, a list of interested BIA participants and examples of facade improvement concepts for designated properties. !alxfErdCount};. ~ growing stronger. .. together Report No: CAS PO 2013-21 0 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 To: Mayor and Members of Tillson burg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Removal of the Holding Provision Hayhoe Homes, Reynolds Way RECOMMENDATIONS 1. That Tillsonburg Council approve the attached Zoning By-law amendment to remove the holding provision from the lands within registered plan of subdivision 41M-286. REPORT HIGHLIGHTS • The residential subdivision known as Reynold's Way, developed by Hayhoe Homes was registered in early July as 41 M-286. As the conditions of draft plan approval have been satisfied and water and wastewater servicing has been allocated for the development, it is now appropriate to remove the holding provision from the remaining lots in the registered plan of subdivision. • Oxford County Public Works Staff have confirmed there is adequate servicing capacity in the Tillsonburg Water and Wastewater treatment systems and have agreed to give the 52 residential units water and wastewater allocation. DISCUSSION Background APPLICANT/OWNER: Hayhoe Homes/ Performance Communities Realty Inc. 1 Barrie Boulevard St. Thomas ON NSP 4B9 LOCATION: The subject lands are described as Lots 1-52 of Registered Plan 41M-286, in the Town of Tillsonburg. The lands are located at the northeast corner of Baldwin Street and Quarter Town Line Road. Page 1 of 3 Report No: CASPO 2013-210 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 it appropriate for Town Council to adopt the attached amending by-law to remove the holding provision from the remaining lots in Reynold's Way subdivision development. Conclusions Planning staff recommend that Council adopt the attached amending By-law as the plan of subdivision has been registered, conditions of draft approval have been satisfied, and servicing capacity has been allocated to this development. Removing the holding provision from the remainder of the lots on the subject lands will facilitate the development of the vacant residential lands. SIGNATURE "Eric Gilbert" Eric Gilbert, MCIP RPP, M Sc., Development Planner Approved for submission: "Gordon Hough" Gordon K. Hough, MCIP, RPP Corporate Manager Community and Strategic Planning ATTACHMENTS Plate 1-Registered Plan of Subdivision, July 23, 2013 (EG) Draft Amending By-law Page 3 of 3 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3757 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That By-Law Number 3750, Being a By-Law to Amend By-law No. 3295, is hereby repealed. 2. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1A-14', 'R1A' and 'R2-9' the zone symbols of the lands so designated 'R1A-14', 'R1A', and 'R2-9' on Schedule "A" attached hereto. 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 121h day of August, 2013. READ a third time and finally passed this 1 ih day of August, 2013 Mayor Clerk SCHEDULE "A" TO BY-LAW No. 3757 PART LOT 7 CONCESSION 12 (DEREHAM) PART OF PART 1, REFERENCE PLAN 41 R-7974 LOTS 1 THROUGH 52 AND BLOCKS 53, 54 AND 55 REGISTERED PLAN 41 M-286 UJ z _, z $ 0 1--c:.: UJ 1--c:.: <( ::J 0' I I I ~W----- I :----- 1 ~---·-- ~~ :s ,o ;11( ~~ !~ ,z I TOWN OF TILLSONBURG I s 0 O<'J .-!!IX? <1"<0 ,.!;co ,., __ .._. 25 12.5 0 _J.----11--..-cz ...,._.,j..._f-:/_~oLIN J AVE ------R1A-14 R1A \'---t'!X_7::_3_?::_1_<l.E__ _ ___ _ ___ __ .. _____ _, _______ ?_~0_._7_8 __ . __ _ BALDWIN STREET METRES 25 50 75 100 I R2-9 I AREA OF ZONE CHANGE TO R2-9 IR1A-141 AREA OF ZONE CHANGE TO R1A-14 •. R1A I AREA OF ZONE CHANGE TO R1A THIS BY-LAW IS INTENDED TO ENCOMPASS PART OF DRAFT PLAN OF SUBDIVISION 32T-06005 NOTE: ALL DIMENSIONS IN METRES ~gj,fj~!,!£!D :o,;ether Produced By The Department of Corporate Services Information Systems ©2013 THIS IS SCHEDULE "A" TO BYLAW No. 3757 , PASSED THE 12 DAY OF August , 2013 MAYOR-JOHN LESSIF TOWN CLERK-DONNA WILSON File: A-04/13 Date: July 26,2013 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PUBUC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday August 12, 2013 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, rei Floor OWNERS: Fusion Homes 500 Hanlon Creek Blvd. Guelph ON N1C OA1 LOCATION: APPLICANT/AGENT: Kerry Hillis -BSRD 351 Speedvale Avenue W Guelph ON NIH 1C6 LOT I 7, RP 41M-241, municipally known as I04 Sanders Crescent, Town ofTiUsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to reduce the exterior side yard setbacks where an exterior yard abuts an arterial road (Quarter Town Line) from 7.5m to 6.5m. The application is for relief of parts of section 7.2, Low Density Residential (R2) Zone Provisions. The application is also for relief of Section 7 .2, Minimum Setback from the Centreline of an Arterial Road, to reduce the setback from 20.5m to 19.6m. You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@county.oxford.on.ca. r$~ Lisa VanderWallen Development Technician Tillsonburg Customer Service Centre 1 0 Lis gar A venue Tillsonburg ON N4G 5A5 , ldbcti?rdCount~ ~ wowing stronger. .. together Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcounty.ca Our File: A 04/13 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNERS: Fusion Homes 500 Hanlon Creek Boulevard Guelph ON N1H 1C6 VARIANCE REQUESTED: MEETING: REPORT NO: AGENT: Kerry Hillis August 12, 2013 2013-227 Black, Shoemaker, Robertson & Donaldson 351 Speedvale Avenue West Guelph ON N1H 1C6 Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2) -Exterior Side Yard, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 6.5 m (21.3 ft) ; Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2) -Setback from Centreline of Arterial Road, to reduce the minimum required distance from the centreline of an arterial road from 20.5 m (67.3 ft) to 19.6 m (64.3 ft); to allow the construction of a single detached dwelling. LOCATION: The subject property is described as Lot 17, Plan 41 M-241 in the Town of Tillsonburg. The lands are located on the south east corner of Sanders Crescent and Quarter Town Line Road, and are municipally known as 1 04 Sanders Crescent. BACKGROUND INFORMATION: OFFICIAL PLAN: TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: Low Density Residential Special Low Density Residential Type 2 Zone (R2-8) Surrounding uses include existing low density residential uses including single detached dwellings and townhouses File No. A 04/13 Report No. 2013-227 Page 3 should not have any impacts on traffic safety or sightlines on Quarter Town Line Road and can be considered desirable development of the residential property. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Special Low Density Residential-Type 2 Zone (R2-8) in the Town of Tillsonburg Zoning By-Law No. 3295. The R2-8 zone provisions provide for a reduced rear yard depth, increased lot coverage, and increased permitted projections for decks. The required exterior sideyard width is 7.5 m (24.6'). The purpose of the exterior side yard width is to ensure that dwellings are setback an appropriate distance from the streetline to ensure sightlines remain unimpeded and traffic and pedestrian safety is unaffected by the presence of a dwelling. The purpose of a minimum required distance between the dwelling and the centerline of an arterial road is to provide a greater buffer to limit the impact of increased traffic volumes and activity that can be expected for an arterial road. The dwelling will comply with the remaining requirements of the Zoning By-law. Town Roads staff indicated they have no concerns with the request and it is not expected to impact traffic safety. (e) Desirable Development/Use: The applicant proposes to construct a dwelling 1.0 m closer to the streetline and 0.9 m closer to the centerline of Quarter Town Line Road than what is permitted by the zoning provisions. The location of the proposed single detached dwelling is in keeping with the character of the surrounding residential neighbourhood and would not appear to have an adverse effect on traffic safety or adjacent neighbouring properties. Public notification of the application for minor variance was circulated to surrounding property owners on July 26, 2013. As of the writing of this planning report, no correspondence has been received from the public. The proposed reduced exterior side yard width and reduced setback from the centerline of Quarter Town Line Road for the proposed dwelling is not anticipated to have adverse impacts to the neighbouring land uses. If approved, the reduced setbacks would not establish an undesirable precedent for this neighbourhood or elsewhere in the Town as the amount of amenity space on the property would still be adequate. Therefore, the applicant's request can be considered desirable for the intended residential use of this property. (f) Summary: In light of the foregoing, it is the opinion of this Office that the applicant's proposal can be given favourable consideration. The relief that the applicant is seeking will not negatively impact the normal use and enjoyment of neighbouring property owners of abutting lands and will not affect traffic safety. It is the opinion of this Office that the application for a reduced exterior side yard width of 6.5 m (21.3 ft) and reduced setback from the centreline of Quarter Town Line Road of 19.6 m (64.3 ft) to allow for the construction of a single detached dwelling, constitutes a minor variance and can be supported from a planning perspective. 1&'\qqrdCount)!. ~ growing stronger. .. together ,,,. ~ \c o I 126 '"' .... ~· IIDil 2211 14 ·r NAD_1983_UTM_Zone_17N © County of Oxford " " !2' 0 Plate 1 -Location Map and Existing Zoning (with Parcen::ines) File No.: A-04/13-Fusion Homes Lot 17, Plan 41M-241, Town ofTillsonburg-104 Sanders Crescent ~ 63 126Meters August 7, 2013 "' 1:2,488 This map is a user generated static output from an lntemet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY ~t;:;· ,.... ... ~ \ -.( ... -.. ' _r:,_. ..... -:---\ ,--::-\ / \ \ ~) ,---\ . \ ~ ... ';.....,. ... -... \ -" .. , \. (-.. ~ \ \f ,l \ . ' \ , __ \--:·"--·\ \ \ 1.::--~---j ' ·-· : (• Legend Environmental Protection/Flo• Flood Fringe ~ Floodway :::;::: a: ~~ Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation -¢' ¢ 100 Year Flood Line o. 30 Metre Setback • e Conservation Authority Regulatior • e Regulatory Flood And Fill Lines IQI Zoning (Displays 1:16000 to · Notes LL1 ::S -1 z: ~ a }- a:: LL1 }-a:: <1; => a ...., 0 <1; 0 a:: -1 <1; a:: LL1 }-a:: <1; '-/ SAND£BS CB£SC£J\tf R • 10.00 A • 13.25 ,.--+--< 7.87 >---< \~ :0·1~;? 10" E . N 78' 35' 00" E ---r-----r~~.----------- X ~ tO ~ .... (BY-LAW 7.~) 6 1 r (BY-..:;,"'?,_,.) a -l'"' COb 0 ~ LOT ~ ~ ~ ~ ~9159 3.480 d PORCH ...... PROPOSlO 2 STOREY Dml.INQ: 3.810 3! ... 5.639 17 z RE:GJS-f£B£D ~ >- ~ \0 co lf) 1 ..,..., co 1 ~ ~ ~ ~ ~ C\J ~ -,..,J-. n:: J-.1~ n:: ~ ~ ll" ) ~ ~ y II I I 1 u 1 I a IL< N 78' 35' oo· E \: -1 m PART 1 PART PLIF?I~ c:a -,--. 1-- 0 -1 PLAN 4-JM ~ 24-J 4 PART 5 iS cr: 0 < ! Plate 3 -Applicant's Sketch File No.: A-04/13-Fusion Homes Lot 17, Plan 41M-241, Town of Tillsonburg-104 Sanders Crescent ·.1.' ;·,·:;-: •'· SKETCH PREPARED FOR MINOR VARIANCE APPLICA T/ON FOR: FUSION HOMES LOT 17 REGISTERED PLAN 41M-241 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE 1:200 10 METRES 15 METRIC DISTANCES SHOWN ON Tl-US PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 CAUTION THIS 1S NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT BE USED FOR TRANSACllON OR FINANCING PURPOSES NOTE (1) -PROPERTY DIMENSIONS ARE AS SHOWN ON REGISTERED PLAN 41M-241 AND HAVE NOT BEEN VERIFIED BY FIELD SURVEY. (2) -PROPOSED BUILDING POSlllON BY CALCULAllONS, NOT BY ACTUAL SURVEY (3) -AREA OF PROPOSED DWELLING ~ 147.2 SQUARE METRES ( 4) -AREA OF LOT 17 = 508.1 SQUARE METRES (5) -PROPOSED LOT COVERAGE = 29:1; (4) -THIS SKETCH WAS COMPLETED ON JULY 19, 2013 @ COPYRIGHT 2013 KIM HUSTED SURVEYING L TO. THE REPRODUCllON, ALTERAllON, OR USE OF THIS REPORT IN WHOLE OR IN PART 1\lTHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTO. IS STR1CTL Y PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TILLSONBURG, ONTARIO, N4G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 13-10613 REFERENCE: FILE File No. A-04/13 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday August 12, 2013. OWNERS: Fusion Homes 500 Hanlon Creek Blvd. Guelph ON NlC OAl LOCATION: APPLICANT/AGENT: Kerry Hillis -BSRD 351 Speedvale Avenue W Guelph ON NIH 1C6 LOT 17, RP 41M-241, municipally known as 104 Sanders Crescent, Town ofTillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to reduce the exterior side yard setbacks where an exterior yard abuts an arterial road (Quarter Town Line) from 7.5m to 6.5m. The application is for relief of parts of section 7.2, Low Density Residential (R2) Zone Provisions. The application is also for relief of Section 7 .2, Minimum Setback from the Centreline of an Arterial Road, to reduce the setback from 20.5m to 19.6m. DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A 04/13, submitted by Fusion Homes for lands described as Lot 17, Plan 41M-241 in the Town of Tillson burg as it relates to: I. Relieffrom Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Exterior Side Yard, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 6.5 m (21.3 ft); 2. Relieffrom Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Setback from Centreline of Arterial Road, to reduce the minimum required distance from the centreline of an arterial road from 20.5 m (67.3 ft) to 19.6 m (64.3 ft); to allow the construction of a single detached dwelling. Subject to the following conditions: i) A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. iii) Minor Variance approval is granted only for a single detached dwelling that is substantially and proportionally Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson tiJlxfErdCoun~ ~ growing stronger. .. together Report No: CASPO 2013-226 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 To: Mayor and Members of Tillson burg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Application for Zone Change 2026257 Ontario Inc. (ZN 7 -13-07) RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg approve the application submitted by 2026257 Ontario Inc, whereby lands consisting of Lot 386, Plan 500, located on the northeast corner of the intersection of Tillson Avenue and Concession Street East, in the Town of Tillsonburg are to be rezoned from 'Service Commercial Zone (SC)' to 'Special Service Commercial Zone (SC- sp)' to recognize existing zoning deficiencies and provide for reduced building setbacks and parking requirements to facilitate the redevelopment of the site for commercial use. REPORT HIGHLIGHTS • Zone change application seeks to permit a number of zoning prov1s1on reductions to facilitate the redevelopment of the site for a gas bar and convenience store. • Special provisions are being requested to the applicable zoning provisions relating to lot size, lot frontage and depth, building setbacks, gas bar canopy setbacks, and parking requirements. • Agency circulation comments can be adequately addressed through the site plan process. DISCUSSION Background Applicant/Owner: 2026257 Ontario Inc. 36 Darch Road Brampton ON L6P 1 Z5 Agent: Armoclan Engineering Limited 200 Evans Avenue Etobicoke ON M8Z 1J7 Page 1 of 8 Report No: CASPO 2013-226 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 The Official Plan states that Service Commercial Areas provide location for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, and access or exposure requirements. An automotive fuel station and convenience store are included as permitted uses in the Service Commercial designation. It is the opinion of this Office that the proposed gas bar/convenience store redevelopment complies with the policies of the Service Commercial designation contained within the Official Plan. The proposed use clearly requires good access and exposure to the travelling public and will provide a convenience to residents in the adjacent neighbourhood and citizens in the Central Area. ZONING BY-LAW: The subject property is zoned 'Service Commercial Zone (SC) in the Town of Tillsonburg Zoning By-Law No. 3295. The SC zone lists an automobile service station and a convenience store, not exceeding 372m2 (4,004 fe) in size as permitted uses. The applicant has submitted several preliminary site plans for staff review and has modified their proposal to address comments and concerns provided by staff. A formal site plan submission is expected imminently. The design and layout of the site is challenging in that it is a constrained site at the intersection of two arterial roads. The proposed site plan depicted in Plate 3 of this report is the applicant's proposed design that will maximize the use of the site while ensuring it remains functional, safe for vehicles and pedestrians, and meets applicable standards and setbacks of the Technical Safety Standards Administration (TSSA). For Council's information, provided below is a summary table of the applicant's requested relief from the provisions of the Zoning By-law: > .· App"Ucab~e Zonifl9.~~9Yl$,{i)IJS. , ~f\'qyired Pr~po~ed · .. · Toytn of Tillson burg :Zoning Sy•law No 32,$.) .. , .. Section 5.24.2 -Number of Parking Spaces 10 7 Section 14.2-Minimum Lot Frontage 35m (114.8') 26.82 m (88') Section 14.2-Minimum Lot Depth 45 m (147.6') 37.76 m (123.9') Section 14.2-Minimum Exterior Side Yard 12m (39.4') 4.17 m (21.32') Width Section 14.2-Minimum Interior Side Yard Width 6m(19.7') 0.25 m (0.8') Section 14.2-Minimum Rear Yard Depth 10m (32.8') 1.2 m (3.9') Section 14.2-Maximum Lot Coverage 20% 34.9% Section 14.2-Minimum Landscaped Open 15% 6.2% Space Section 14.2-Minimum Distance from the 25m (82') 14.06 m (46.1') Page 3 of 8 Report No: CASPO 2013-226 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 site. The present water and sanitary services on Tillson Ave may need to be relocated to accommodate the proposed plan. Town Building Services indicated that additional snow storage can be provided where the proposed barrier free parking spot is indicated -this will delete the minor variance request from Section 5.24.3.1. This will require the barrier free spot to be relocated, and will reduce the number of parking spaces from 8 to 7 but will allow the site to function much better. A variance from section 14.2.2.1 and 14.2.2.2 is required for the canopy and should be identified as per the proposed layout, and all building construction must comply with the Ontario Building Code spatial separation requirements. The Tillsonburg Chamber of Commerce indicated that they have no objections to the application, and trust that parking and sightlines issues will be addressed through the site plan control process. Oxford County Public Works Department indicated that they have no objection to the proposal and will offer detailed comments through the site plan process. PUBLIC CONSULTATION: Notice of the zone change application to the public and surrounding property owners was provided on July 25 and July 29, 2013. No comments have been received from the public. Conclusions The application proposes to rezone the subject property to 'Special Service Commercial Zone (SC-sp)' to include special provisions to allow for reduced parking spaces, reduced lot frontage and depth, reduced building and gas bar canopy setbacks, increased lot coverage and reduced landscaped open space, and reduced separation between a driveway and intersection to facilitate the redevelopment of the existing service commercial gas bar/automobile service station. It is the opinion of this Office that the proposed rezoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the Official Plan. Planning staff is satisfied that the application can be given favourable consideration. SIGNATURE "Eric Gilbert" Eric Gilbert, MCIP RPP, M Sc., Development Planner Approved for submission: "Gordon Hough" Page 5 of 8 Report No: CASPO 2013-226 COMMUNITY AND STRATEGIC PLANNING Council Date: August 12, 2013 ATTACHMENTS RELEVANT EXCERPTS FROM THE PROVINCIAL POLICY STATEMENT (PPS), OFFICIAL PLAN AND THE TOWN OF TILLSONBURG ZONING BY-LAW 2005 PROVINCIAL POLICY STATEMENT The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. Section 1.1.3.3 of the PPS states that Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Section 1.3.1 of the PPS states that planning authorities shall promote economic development and competitiveness by: • providing an appropriate mix and range of employment to meet long-term needs; • providing opportunities for a diversified economic base, including the maintenance of a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses; • planning for, protecting and preserving employment areas for current and future uses; and ensuring the necessary infrastructure is provided to support current and projected needs. OFFICIAL PLAN The subject lands are designated 'Service Commercial' according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. Service Commercial Areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area and will not directly compete with these areas. In addition, sites with existing buildings and established commercial uses are permitted within this designation. It is not the intent of this policy to restrict existing commercial uses from expanding or changing uses within the context of the functional zoning category in the Town of Tillsonburg. Page 7 of 8 ld~xfgrdCount~ ~ growing stronger. .. together 124 NAD_1983_UTM_Zone_17N © County of Oxford 0 '--~ Plate 1 -Location Map (with Existing Zoning and Parcel Lines) File No.: ZN 7-13-07-2026257 Ontario Inc Lot 386, Plan 500, Tillsonburg-124 Tillson Avenue 62 124Meters July 24, 2013 1:2,436 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. NOTE :THIS IS NOT A PLAN OF SURVEY ~/ -:>·-.. / ··n ~-\ ___ ],-, \-··:- / "' ;;~ --;:\ L-~l._. '···~~+/ \ . . ~;-------~, --/~ ' \ ' \ \ \ \ . \ ~··<-,_ • .:-..l ~--. ·-. ) \ )J, . .J,-\ '';~) /.~· l-,.1 \1 'I I ·,\ \ ~-~ j vCJ. ( ·. 1 • '·. ' \ ·., r--·-~ .... ~ 5-r------\ i ~-' _ •. ..,--', I ' foil ___ J -' ' -~i.;;r ~~7 l o I ~ \ i -., Legend Parcel Lines (Displays 1 :64 0 Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flo• Flood Fringe ~ Floodway ~ Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation •• ... •• •• 100 Year Flood Line 30 Metre Setback Conservation Authority Regulatior Regulatory Flood And Fill Lines [QJ Zoning (Displays 1:16000 to • Notes ,..., t') I() RO C£N71I£IJN£ Plate 3 -Applicant's Sketch File No.: ZN 7-13-07-2026257 Ontario Inc Lot 386, Plan 500, Tillsonburg-124 Tillson Avenue SERVICE COMMERCIAL TILLSONBURG PLUMBING CENTER CONCESSIONS STREET ,;; ~ ffl ~ "'tJ-)>(") :;om 2So zo CilS: r-S: Om -l:;c (") ~ 11 A ~ 1. rtJR 81!N!ML NCn!l R!J'9t 10 snE PLM -":"I 2. ~.TO BEOCIHSIDEJim MDI UNlDS ................ & VIRif"t" AIL IMNSIOHS ,.._ lO -4. DO Hen' ICM.E DIWfNi1S. a. CDfJIIACiat '10 WIIP'f ALL DIS'IIC cctDnDNS PRIOR 10 CCNSJRUCIIOH AND ~ lD PIIGJECT EttGRER Ntr I. E¥iR'mlfG S ID K IISIJWD ld PER CIJENI' SrNitWID ~ NfD ....... lMDS NUJiD cmtERWJE. 7, USE otll' LAl!SJ' fEVISID DIUMIQS OR 1HOSE 'Dtflr M! MANIED "'SSSJa) P'OR .........,.,.. .... -. IL IDIQN Nil CCNS1RUCI10N Of' '1HE II'ROJECr ==""..k~~EDmOHCOO:: I. 1HIS DIULWNl SNAU. IE R£N) • C0N.U«m0M ... H.L llr:l.tYANI'DIWfiiiCSAND """""""' PROPOSED DEVELOPMENT ."SP-2 ZN 7-13-07-2026257 Ontario Inc. Site Photos Figure 3-View of Subject Property (Facing east from Tillson Ave) The Corporation of the Town of Tillsonburg By-law Number 14.5.16.2.5 REAR YARD DEPTH Minimum 14.5.16.2.6 LOT COVERAGE Maximum 14.5.16.2.7 LANDSCAPED OPEN SPACE Minimum 14.5.16.2.8 SETBACK FROM CENTRELINE OF ARTERIAL ROAD 1.2 m (3.9 ft) 34.9% 6.2% Minimum 14m (45.9 ft) 14.5.16.2.9 REQUIRED PARKING SPACES Minimum 7 14.5.16.2.10 SETBACK OF PARKING AREAS Notwithstanding Section 5.24.3.1, the minimum distance between a parking space and an interior lot line may be 0 m. 14.5.16.2.11 REQUIREMENTS FOR PUMP ISLANDS Notwithstanding Section 14.2.2.1, the minimum distance between any portion of a pump island and canopy and any lot line shall be 0.66 m (2.1 ft). Section 14.2.2.2 shall not apply. 14.5.16.2.12 DRIVEWAY REQUIREMENTS FOR USES WITH PUMP ISLANDS On lands zoned SC-16, Section 14.2.3.3 shall not apply. 14.5.16.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 1ih day of August, 2013. READ a third time and finally passed this 1 ih day of August, 2013. SCHEDULE "A" TO BY-LAW No. __ _ PART LOT 386, REGISTERED PLAN 500 TOWN OF TILLSONBURG METRES ----5 2.5 0 10 15 20 L 0 T 3 8 7 37.76 s \) \) LJ.J :::J ~ lr) z 0 LJ.J c;>~ ~ Q co > 8r-: <( -.!J.-i ) 0') z .-i N 0 z (')'\ ()() <0 Vl N 1-... ....! ....! \. ~I;\ CJ i= 1--s: ~ 'Y \. -...! '<'"_,:>~6' ·6' '~~'o />-~ N78-28-30E 28.76 ~-.---------------------------------~-- D AREA OF ZONE CHANGE TO SC-16 NOTE: ALL DIMENSIONS IN METRES ~$~\r?!!,l!!.>~~'dt.t Produced By The Department of Corporate Service<~ Information Systems ©2013 CONCESSION STREET EAST THIS IS SCHEDULE "A" TO BYLAW No. , PASSED THE DAY OF ___ , 2013 MAYOR CLERK KEY MAP THIRD STREET 1-~w tt: :::> "' z 1-w "' > "' <( z "' <( <( "' (!) u._ "' :::; H II 1-- SECOND ST i f---------J II FIRST m l I T ~ 1----,l---l I I 1 w ;:: "' ~--+-----'1 <( (!) "' :::; t--THIRD ST t-- t-- 1--- 1--- t-- I-- 1--- 1--- t-- 1---r--- BRIDGE STREET EAST CRJm§~ DURHAM STREET ~~~~~E==f -LANDS TO WHICH BYLAW ___ APPLIES ~$f!~~!;Jtf[/Xgctlht Produced By The Department of Corporate Serv1ces Information Systems ©2013 -----50 25 0 COl Ill IIIII IIIII I I I II L--------U- PEARL STREET ~~ I ll CONCESSION STREET EAST I f-- w :::> 1---if----------l iii ,_____~---, L...--1'-----' '< ~_,__--F§l~ Town Of Tillson burg July 41h,2013 200 Broadway Suites 204 Tillsonburg, Ontario Attention Mayor Less if and All Members of Council Re: Proposed Propane installation on Broadway Dear Mr Lessif This letter is a follow up my recent involvement and my subsequent attendance to the council meeting on June 12, 2013 regarding the above matter. I would like to state that it was one of the most positive and sensible experiences I have had in dealing with elected officials in my many years involved with municipal government. I must say that in light of the turmoil I have been reading lately about politicians in Canada, you and your council did not try to hide behind or use regulations to avoid the issue and made a decision. In my opinion it was a wise one and you made the town safer for your constituents and have restored my belief that we the public can make a difference should we choose to participate. You listened to the public in spite of the staff recommendation to approve this and you all are to be commended for your actions. I noticed that there was not a lot of coverage news wise on this but feel it was significant. If more people realized their concerns matter and that you listen it would be a benefit to the town as a whole. It was very nice to meet you and the other members of MUNICIPAL PROPERTY ASSESSMENT CORPORATION VIA EMAIL ONLY July 08, 2013 To: Heads of Council All Ontario Municipalities From: Dan Mathieson Chair, MP AC Board of Directors Subject: Update from MP AC I am writing to provide you with an update on the work we are doing at the Municipal Property Assessment Corporation (MP AC). In addition to the Assessment Update activities that MPAC has been focused on, the corporation also launched a four-year strategic plan (2013-2016). The new plan is an ambitious one and it has the potential to save as much as $20 million over the next four years. The savings will be achieved through 18 strategic initiatives which we plan to implement over 2013-2016. These initiatives directly impact the product and services that MPAC delivers to the property owners of Ontario as well as our municipal and government stakeholders. I will take the opportunity to highlight some of our initiatives throughout this report. 2012 Province-Wide Assessment Update Last fall, MPAC delivered its second province-wide Assessment Update as part of Ontario's four-year assessment cycle. This represented placing new values on Ontario's almost five million properties as of the legislated valuation date of January 1, 2012. For the 2012 Assessment Update, MPAC received 110,000 Request for Reconsiderations (RtRs). In comparison, 195,000 were filed for the last update in 2008, representing a decrease of 85,000 RtRs or 44 per cent. MPAC is committed to completing 100 per cent ofthis year's RtRs by the legislated deadline of September 30, 2013. In large part, this reduction in RtRs filed can be attributed to the public outreach undertaken last fall along with the relaunch of a new and improved aboutmyproperty .ca and release of Market Snapshot. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L1 V OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca Update from MPAC July 08, 2013 Page 3 of 4 2013 Growth Update This year, MPAC is committed to processing over 160,000 building permits, with an anticipated taxable assessment growth, through Supplementary Assessment Listings, of approximately $23 billion. 2013 Estimated Assessment Growth-By Geographic Zone Southwestern Ontario $2.8 billion Golden Horseshoe $4.1 billion Central North Eastern Ontario $4.9 billion Greater Toronto Area $5.8 billion Central Ontario (Cottage Country) $1.8 billion Eastern Ontario $2.6 billion Northern Ontario $0.7 billion In 2012, we delivered approximately $24.3 billion in assessment growth through Supplementary Assessment Listings delivered to municipalities throughout the year. MP AC staff have also been following up with municipal partners to ensure there is an understanding of growth targets in your community in support of the municipal budget process. 2013 Ontario Budget: Strengthening Ontario's Property Tax System In the 2013 Spring Budget, the government identified the need to review the timelines for the assessment appeal process as well as clarify and refine the assessment methodologies applied to special purpose business properties such as mills, industrial lands and billboards. MPAC understands the concerns raised by municipalities about these properties and we look forward to working with all stakeholders to implement recommendations to strengthen the property tax system. Transforming Relationships into Partnerships As an elected municipal colleague and Chair of the MPAC Board of Directors, you have my assurance that we will continue to deliver on our commitment to property assessment excellence and outstanding service to our municipal partners, government stakeholders and the property taxpayers of Ontario. The cornerstone ofMPAC's four-year strategic plan is to transform its relationships with stakeholders into partnerships. I encourage you to call your local Municipal Relations Representative if you have any questions about the assessment activities in your community. You may also contact Arthur Anderson, Director of Municipal Relations at 905 837-6993 or 1 877 635-6722, extension 6993. Ifyou would like to speak with me directly, I can be reached at 519 271-0250, extension 234. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario Ll V OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca Town ofTillsonburg June 24, 2013 Dear Ms. Wilson, You may be aware that Ontario, along with many other jurisdictions, is being hit hard by the imported pest Emerald Ash Borer, Agrilus plannipennis. It has already killed tens of thousands of ash trees. The Municipal Arborists and Urban Foresters, a Committee of the International Society of Arboriculture and the Ontario Urban Forest Council are working to raise awareness about EAB and the environmental and economic fallout. Public property owners, homeowners, businesses, institutions, and utilities will have to deal with thousands of ash trees before they become a liability and bear the cost of implementing programs to deal with this terrible loss to our urban forest. Effective EAB programs involve the following: • Identifying ash trees, size and locations (an inventory) • Monitoring the distribution of the pest within local areas • Identifying and treating trees worthy of preservation • Tree removal on public and private lands, and disposal of wood waste • Replanting replacement trees. Currently, neither the Federal nor Provincial Governments are providing sufficient financial/management support to municipalities for implementation of any part of an EAB program. With the CFIA recently announcing they were moving the EAB regulated zones up to the French River area by early next year. Therefore, we have prepared the attached proclamation calling for A FEDERAL and PROVINCIAL ROLE IN URBAN FORESTRY. Attached is a proclamation we are sending to Clerks across Ontario. We are seeking your Council's endorsement of this proclamation and would ask that you present this to your respective Council for consideration. Thank you for your assistance in bringing this to your Council's attention. If you have any questions, please contact me at 519-362-9469 Toni Ellis, President, Ontario Urban Forest Council Ontario Urban Forest Council 1523 Warden Avenue-Units 23 + 25 Toronto, ON MlR 4Z8 www.oufc.org A FEDERAL and PROVINCIAL ROLE IN URBAN FORESTRY WHEREAS over 80% of Canadians now live in urban areas and have come to rely on the environmental, ecological and economic benefits of urban forests; AND WHEREAS the health of Canadians is sustained by their urban forests which provide services through improving air quality, cooling city streets and buildings, acting as a windbreak, shading from harmful UV rays, and filtering storm water, as well as beautifying our communities; AND WHEREAS neither the federal nor provincial governments currently include urban forestry in their mandates except in a limited role with respect to exotic, invasive pests; AND WHEREAS the Canadian Food Inspection Agency has not been able to stop the spread of the Emerald Ash Borer throughout Ontario and Quebec AND WHEREAS the Emerald Ash Borer is expected to cost Canadians over $2 Billion dollars in treatment and replanting; AND WHEREAS Canadian forestry programs and research are solely focused on industrial forests and do not at present include urban tree planting, appropriate species research, and insect control and management; and AND WHEREAS other jurisdictions such as the United States Forest Service and the European Urban Forestry Research and Information Centre include urban forestry as a program and research area; AND WHEREAS Canada engages municipalities in a number of substantial infrastructure programs; THEREFORE BE IT RESOLVED that the Municipality of ___________ _ calls on the Federal and Provincial governments to take leadership roles in recognizing the need to support urban forestry, by establishing urban forestry mandates and programs which includes funding assistance to municipalities for the control and management of the Emerald Ash Borer-and any future significant imported diseases and insects -as well as the creation and funding of programs designed to support the on-going sustainable management of urban forests. BE IT FURTHER RESOLVED That all municipalities across Ontario be encouraged to endorse this proclamation and that this resolution be distributed to The Honourable Gerry Ritz, Minister of Agriculture and Agri-Food; The Honourable Joe Oliver, Minister ofNatural Resources; The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities; The Honorable Jim Flaherty, Minister of Finance; Local Federal Member of Parliament _________ _ Honourable Michael Gravelle, Minister ofNorthem Development and Mines; Honourable David Oriazetti, Minister ofNatural Resources; Honourable Linda Jeffery, Minister of Municipal Affairs and Housing; Honourable Charles Sousa, Minister of Finance; Local Provincial Member of the Ontario Legislature , Honourable Premier Kathleen Wynne, Tim Hudak, MPP, Leader ofProgressive Conservative Party of Ontario and the Opposition Party; Andrea Horvath, MPP, Leader of the New Democratic Party of Ontario; Association of Municipalities of Ontario; Federation of Canadian Municipalities; TOWNSHIP OF WARWICK ··:t C'ommtmi(v in Action .. 6332 Nauvoo Road, R.R. #8, Watford, ON NOM 2SO Twp. Office: (519) K49-3926 Toll Free: 1-877-849-3926 Fax: (519) 849·6136 July 4, 2013 All Ontario Municipalities E-MAIL: info@warwicktownship.ca WEBSITE: www.wanvis;klownship.ca Works Dept: (519) K49·3923 Arena: (519) 876-2808 RE: Motion of "Not a Willing Host Community" for Industrial Wind Turbine (IWT) Projects Dear Ontario Municipal Clerks and Councils: Please be advised that the Council of the Township of Warwick met at their regular session of Council on June 26th, 2013 at which time Council passed the attached resolution stating that Warwick is "Not a Willing Host" community for Industrial Wind Turbine (IWT} projects. We are forwarding our motion (attached) on to all Ontario municipalities, the Minister of Environment, Minister of Energy, Minister of Rural Affairs, and our local MPP Monte McNaughton, for their support and endorsement. Kindest Regards, C.>\ (~:!t I (:<.\::;·-1( ) Amanda Gubbels, Deputy Clerk/Deputy Administrator Township of Warwick Cc: Jim Bradley, Minister of Environment Bob Chiarelli, Minister of Energy Jeff Leal, Minister of Rural Affairs Monte McNaughton, MPP Lambton-Kent-Middlesex All Ontario Municipalities TOWNSHIP OF WARWICK "A Cunununi(F in Action'' 6332 Nauvoo Road, R.R. #8, Watford, ON NOM 2SO Twp. Office: (519) 849-3926 Toll Free: 1-877-849-3926 Fax: (519) 849-6136 E-MAIL: info@warwicktownship.ca WEBSITE: www. warwicktownship.ca Works Dept: (519) 849-3923 Arena: (519) 876-2808 WHEREAS more than 88 municipalities thorough Ontario have passed resolutions, motions and by-laws expressing concerns with the Green energy Act (2009); WHEREAS more than 25% of Ontario municipalities have expressed concerns with the way the government has implemented and managed the Green Energy Act (2009); WHEREAS the health and welfare of Ontario residents has not been demonstrated in the Green Energy Act (2009); WHEREAS the Township of Warwick supports a moratorium on all current and future projects under the Green Energy Act (2009) until the federal health study has been completed to the satisfaction that the health and well~being of the Township of Warwick citizens Is protected from any negative health impacts. NOW THEREFORE BE IT RESOLVED THAT the Government of Ontario formally address and is held accountable to all the issues of the Green Energy Act (2009). -Carried. AND WHEREAS Warwick Township Council is very concerned that the Green Energy Act has substantially changed the rules for municipalities with respect to wind farm developments by removing municipal control over development application though the traditional zoning requirements under the planning act approvals for wind project developments are not controlled by the Minister of Environment through the Renewable Energy Approval process, a legislative development that the Council strongly opposes; AND WHEREAS Section 41 of the Electricity Act requires that a municipality provide wind project developers without charge access to and use of its road for both construction and maintenance of its turbines and electrical infrastructure, including transmission lines; AND WHEREAS future jobs of Ontario are going to hinge on efficient energy costs, by subsidizing the cost of energy by these wind projects, we are limiting future growth in Ontario; NOW THEREFORE BE ITS RESOLVED THAT the province of Ontario, specifically the Ministry of Environment, be now advised that the Township of Warwick is Not a Willing Host for Industrial Wind Turbines; June 17,2013 Moved by: Town of The Blue Mountains 32 Mill Street, P.O. Box 310, Thornbury, ON NOH 2PO Tel: (519) 599-3131 o Fax: (519) 599-7723 TolJ Free: l-888-BLU-MTNS ( 1-888-258-6867) info@thebluemountains.ca o www.thebluemountains.ca John McKean Seconded by: Michael Martin WHEREAS the Provincial Government has recently conveyed the Governments desire to limit Industrial Wind Turbines to communities that are willing hosts; AND WHEREAS the Town of The Blue Mountains completed a Constraints Analysis dated April2007 related to Renewable Energy; AND WHEREAS the Constraint Analysis identified limited "unconstrained" areas within the Town of The Blue Mountains; AND WHEREAS the Town of The Blue Mountains completed a Cultural Heritage Landscape Assessment Report dated September 2009 (CHLAR); AND WHEREAS the CHLAR identified ten proposed Cultural Heritage Landscape Areas within the Town that merit consideration; AND WHEREAS a number of the Cultural Heritage Landscape Areas identified are within the previously referenced and identified "unconstrained" areas; AND WHEREAS the CHLAR identified that industrial wind turbines could have an impact on cultural heritage landscapes; AND WHEREAS a significant portion of the Town of The Blue Mountains is subject to the Niagara Escarpment Plan; AND WHEREAS the Niagara Escarpment Planning and Development Act identifies that the purpose of the Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment; AND WHEREAS the Niagara Escarpment Commission has adopted a position that the Niagara Escarpment Plan should not be the focus of large-scale industrial-type wind power development; AND WHEREAS the Medical Officer of Health for Grey-Bruce has found that many people in Grey Bruce and Southwestern Ontario have been impacted by the noise and proximity of wind farms; NOW THEREFORE Council of the Corporation of the Town of The Blue Mountains hereby notifies the Province of Ontario that the Town of The Blue Mountains is not a willing host for Industrial Wind Turbine Projects for the aforementioned reasons; AND THAT Council of the Corporation of the Town of The Blue Mountains hereby directs that this resolution be circulated to Premier Kathleen Wynne, The Minister of Environment, The County of Grey and all unicipar · sin Grey County, CARRIED. C frKB#RUE COPY ........ ~ .......... . orrin iles, Town Clerk ~Halton REGION Legislative and Planning Services Office of the Regional Clerk 1151 Bronte Road Oakville ON L6M 3L 1 Email: ReqionaiCierk@halton.ca VIA EMAIL July 11, 2013 AMO All Municipalities in Ontario Please be advised that at its meeting held Wednesday, July 10, 2013, the Council of the Regional Municipality of Halton adopted the following resolution: RESOLUTION: Enbridge Pipelines Inc. Line 9 Reversal WHEREAS Enbridge Pipelines Inc. (Enbridge) is seeking approval from the National Energy Board (NEB) for the flow reversal between North Westover in Hamilton and Montreal to an eastward direction and capacity expansion to 300,000 barrels per day of the existing Line 9 pipeline, including an allowance for the transportation of heavy crude oil products; WHEREAS the NEB, as the responsible federal agency regulating pipelines, energy development and trade in Canada, issued a Hearing Order, convening a public hearing for this project; WHEREAS Environment Canada reports that one drop of oil can render up to 25 litres of water unfit for drinking; WHEREAS Environment Canada reports that oil products are harmful to aquatic and terrestrial ecosystems; WHEREAS the pipeline integrity and other preventative and emergency response measures are paramount to minimizing the likelihood of a release and for the protection of the community and the environment; WHEREAS failure of the pipeline will lead to oil products release into the environment and contamination of our waterways and potentially Lake Ontario; and WHEREAS currently only one remote controlled isolation valve is located in the Region of Halton along the Enbridge Line 9 pipeline; The Regional Municipality of Halton HEAD OFFICE 1151 Bronte Road, Oakville, Ontario L6M 3L 1 • Tel: 905-825-6000 • Toll free: 1-866-442-5866 • TTY: 905-827-9833 • www.halton.ca ..1! 4 bi j ~h ~ 1 ~~ (-1 ~ i· ~-\$ l~'lf>' ~·" ~L· ~ . : - ~ r . ~ r 1 Access to Care Right Care I Right Time/ Right Place Access to Care Questions and Answers June 28, 2013 Access to Care 1. What is Access to Care and why is it important? • Access to Care is an approach to care focused on supporting people, specifically seniors and adults with complex needs, in their homes for as long as possible, with community supports. With an aging population, communities and health care partners are working together to consider how to best resource care to support people. o In the Community • Strengthening services in the community, through strategic investment and formalization of eligibility criteria, funding and programming for Assisted Living, Supportive Housing and Adult Day Programs. o In the Hospital • Implementation of 'Home First' and 'Senior Friendly Hospital Strategy' to ensure that seniors who require acute care have the opportunity to participate fully in their care and to have home as their primary discharge destination. • Across the South West approximately 750 clients per month are supported in the community on robust 'Home First' plans which help people discharged from hospital remain safely at home. o Accessing Specialized Services • Realignment of rehabilitative services (Complex Continuing Care and Rehabilitation) across the South West LHIN to ensure that residents have equitable access to these services. • CCC beds have not been fully or properly utilized (occupancy of appropriate patients at 62% was identified in December 2011). Occupancy goals for CCC and Rehab beds across the LHIN are set at 87% and 93% respectively. • Access to Care is important because people want to remain safely in their homes as long as possible and this model of care has proven itself to be a more efficient use of health care resources. 2. Does the community have the capacity to do all of this work? • With the ongoing support of the MOHLTC and the South West LHIN, the South West CCAC is reorganizing to ensure that they can provide strong and reliable services that we can all count on. Assisted Living, Supportive Housing and Adult Day Programs are important community services that are part of the Access to Care work that is looking at ways to realign and strengthen these programs across the South West LHIN to ensure health services are available where and when they are needed. • Over the last 2 years, new health care investments have been focused on strengthening community capacity. Investments that have been made to support the work of Access to Care are: o Home First $7.6 M to serve 619 new clients o Community Urgent Fund $225K to fund urgent needs in the community o Adult Day Programs (London/Grey/Bruce) $7SOK for 130 new spaces/week o Home Help (London/Middlesex and Elgin) $300K Access to Care Pontario Connecring you \_virh care VoTrP lwn au:.: >Dm5 356 Oxford Street West London ON N6H 1 T3 Tel: 519-474-5693 !iouth wen Local H..alm ln1.f9raiLonU•tvrort: R~liU~Id'1nt~r.liUOII dHHrvicC!ldlls.u!l. duSud.O..ttl South West ccac case Commuruty --"·'''"'' --,.-0::~•-e ,O.((<:iS • •' .,-", Co:MI" . _._,, .•... du Sud OuJ~~~ ) Access to Care Right Care· Right Time j Right Place 6. In May 2012, there were 164 people waiting in hospital for Long-Term Care. What is happening with these people? • The patients currently in hospital waiting for an alternate destination are being encouraged to make five Long-Term Care choices, if that is their preferred destination. If home is a possible destination, the interdisciplinary team (including a CCAC Care Coordinator) works with the individual and their family to develop a flexible care plan in the community. If appropriate, admission to Complex Continuing Care or Rehabilitation is being facilitated. • In May 2013, there were 73 people waiting in hospital for LTC. Coordinated Access 7. What is Coordinated Access and why is it important? • 'Coordinated Access' describes the collaborative admission process to assisted living, supportive housing, adult day programs, complex continuing care and inpatient rehabilitation. • Patients/clients, their families and care teams are empowered by this process. Having access to all of the information and resources that they need enables them to make informed decisions and participate more fully in their care. • Additional benefits to patients/clients and their families include: o a single number to call for referral to multiple services o detailed information on the type of service available in each area o consistent eligibility guidelines and admission processes o equitable access to services across the region through a centralized waitlist 8. Have decisions about the new coordinated admission (Coordinated Access) process in the Complex Continuing Care and Rehabilitation Report and the Assisted Living, Supportive Housing and Adult Day Program Report already been made? • Yes. These recommendations have been mandated by the province and are being phased in over 2012/13 and 2013/14. • Provincial legislation was changed to enable the implementation of Coordinated Access • The process has been collaborative as stakeholders, including clients, work to achieving the "Coordinated Access" process. • Coordinated Access will provide equity of access to programs through a consistent admission process, facilitated by CCAC Care Coordinators. o Assisted Living, Supportive Housing, Adult Day Programs -It has been fully implemented in Oxford and partners are currently engaged in this work in Grey Bruce, Elgin and Huron Perth. o Rehabilitation-Woodstock Hospital was the early adopter site of this work in March 2012 o Complex Continuing Care -In April 2013, Alexandra Hospital Ingersoll initiated this work with 5 CCC beds 9. Have eligibility criteria changed for services like Complex Continuing Care, Rehabilitation and Assisted Living? • Although there are common definitions of Complex Continuing Care and Rehabilitation, there have not been common eligibility criteria. These have been developed in the South West through a collaborative process with partner organizations. • Eligibility criteria for Assisted Living are included in the Provincial High Risk Seniors policy. 3 • Decreasing 15 CCC beds at St. Thomas Elgin General Hospital • Decreasing 6 CCC beds at Tillson burg District Memorial Hospital • Decreasing 9 CCC beds at Alexandra Hospital, Ingersoll • Implementing consistent criteria for access to these beds • Implementing centralized access through the South West Community Care Access Centre (CCAC) • Ensure ongoing data gathering and analysis using consistent definitions to monitor the process These changes, while challenging for some local communities, will strengthen the health system in the South West LHIN by providing: • Equitable access to CCC and Rehab beds using consistent criteria and a centralized process though the South West CCAC • Equitable geographic distribution across the LHIN's geography to reflect varying demand for these beds in different parts ofthe LHIN • Better use of specialized health care resources The actual changes in bed numbers are targeted to take place next year between April 2014 and March 2015. The changes will require approval of the relevant hospital boards and a specific integration decision from the South West LHIN board prior to any changes in bed numbers taking place. 14. Who are the people who might benefit from the specialized services of CCC and Rehab? • CCC beds are for patients whose complex medical needs require hospital care, with regular physician assessment and the support of specialized staff as part of their treatment process (Ontario Hospital Association) • Rehab beds are used by patients who undergo a goal-oriented process to recover from an illness or impairment in order to regain as much functional ability as possible before being discharged (World Health Organization) 15. How will the realignment of CCC and Rehab services improve access? • Presently, many people in the South West LHIN communities cannot access Complex Continuing Care within one hour's drive of their homes. • As a result of the proposed recommendations, more people in the South West LHIN will live within one hour's drive of these specialized services. 16. Were all hospitals in the South West LHIN considered for placement of Complex Continuing Care and Rehabilitation beds? • No. Hospitals that currently have services in place were considered within the central and south areas of the South West with a new hospital site being recommended in the north as there is currently no access to CCC services presently. 17. What is the role ofthe small rural hospital? • Small rural hospitals play a major role in health care in the South West LHIN and the care they provide will evolve as new evidence to care is applied. As with all sectors of health care, it is expected that these hospitals will work with partners locally and regionally to meet the health care needs of the local residents. It is recognized that their provision of emergency care and primary level acute care is a vital part of the health system capacity. 5 organization achieved the One Year milestone, having served patients from London, Stratford, Tillsonburg, Ingersoll and Woodstock. 23. Will people in my community lose their jobs? • Any potential job loss or gain would be considered as part of the integration discussions that organizations would hold with South West LHIN staff and would be one ofthe factors that would be taken into consideration as realignment decisions are finalized. 24. Where do I go for more information on Access to Care? • All of the public documents are available on the South West LHIN website on the Access to Care link http://www.southwestlhin.on.ca 25. If more information is requested who do I contact? • Please contact the key spokespeople listed here and they will work with you to respond. Kelly Gillis kelly.gillis@lhins.on.ca Sandra Coleman sandra.coleman@sw.ccac-ont.ca Mary Ellen Khan Marvellen.khan@lhins.on.ca 7 Canadian Mental m H lth A . . · t" ea. _. _ .. _ssocaa a on HiQhlanaer ff4 TU~I~f& ••• -studios BENEFIT CONCERT All proceeds to CMHA Woodstock ucrisis Bed" . Program ~~tur~?t,'t, Avt'vsst ?1, kOt? 7:00pm. • Theatre Woodstock's 8 Th::klih $25.000VOIIo~:~reaa _ MARKET CENTRE THEATRE ~ HighJQncter studio; m Dlmdcl! :s1. (aerou from foodlcmct) ar o111ne atwww.lheahewoolbtock.c:Dm Page 1 of 1 http://notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/2015 Town of Tillson burg Town Council Attention: Mayor John Lessif 200 Broadway Tillsonburg, Ont. N4G 5A7 Dear Mr. Lessif: 96 Tillson Avenue Tillson burg, Ontario, N4G 3A 1 Phone: (519) 842-9000 Fax: (519) 842-2202 Community Setvices The Multi-Service Centre (MSC) is excited to begin preparing for our 2nd annual Tillsonburg MSC Trail Walk & Run, slated to take place on Sunday, September 22nd on our town's scenic Carroll Trail. This year we hope to make it even bigger and better by adding new features: • 2k Family Fun Walk (flat and easy terrain) • 5km distance will be open to both walkers and runners of all levels and ages. • Walk & run timing will be available to those who would like to know how long it takes them to complete the course • A post-event BBQ • Family fun activities throughout the event All proceeds collected will be donated to the Multi-Service Centre as well as to the local Parkinson Society While the MSC does receive government funding to run our programs there is still a need to fundraise yearly in order to meet programming needs. Some of these needs include: resources for volunteers, equipment costs (not covered by funding bodies), bringing on new clients for our seniors programs that promote independence and connectedness to the community and provision of services to those individuals who cannot afford the modest fees in some of our program areas. Should you have any questions at all regarding this event please do not hesitate to contact our office. w/7~. ~~ewson Multi Service Centre Fundraising Committee Member Trail Walk Coordinator 519-842-9000 \ ! Please join us for the TillsonbLI!~~~ Cemetery ' . ' Annua. I ,...,!,.f~··-1r···~io---.--_-n Day R~~~~Ji':~'-,,~ :~, .·· .-. Sunday August 18, 2013 2:00pm Sponsored by Royal Canadian Legion Branch 153 Tillsonburg Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE SECOND QUARTER 2013 FINANCIAL RESULTS FIN 13-27 CHEYNE SARAFINCHIN COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVE THAT Council receives report FIN13-27 Second Quarter 2013 Financial Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to June 30, 2013 Town wide actual financial results. BACKGROUND The attached spreadsheet summarizes by department the significant variances between actual results as at June 30, 2013 and the 2013 Q2 year to date budget. The overall Town wide consolidated surplus as at June 30, 2013 is $114,258 and the projected 2013 surplus is currently anticipated to be $71,000. FINANCIAL IMPACT /FUNDING SOURCE The Senior Cost/Budget Analyst met with Senior Management to review the Finance department Q2 comments, observations and forecast. Questions or comments relative to departmental 2013 Q2 revenues and expenditures should be referred to the other members of Senior Management for commentary. CAO 2013-Quarter 2 tal St~ "~ Report Budget Actual -..,..,_,/ Variance ' 'I Surplus) I Deficit YTD Budget YTD Budget YTD Budget YTD Actual YTD Actual YTD Actual YTD YTD YTD Revenue Expenditures Net levy Revenue Expenditures Net levy Revenue Expenditures Net levy Explanations Council $ $ 116,343 $ 116,343 $ $ 111,191 $ 111,191 $ -$ (5,152) (5,152) Net labour under $4,800; Capital project- Sound system under $1,800; Meeting Exp '""'. <Qnn Customer Service 133,476 $ 130,322 (3,154) 129,867 113,281 (16,586) 3,609 (17,041) (13,432) Net labour over $7,500; Supplies under $15,200; Equipment rental under $4,000; Protection 48,198 $ 132,231 84,033 45,970 124,306 78,336 2,228 (7,925) (5,697) Net revenue under $2,200; Advertising Exp ~~~e~0~1:2~~/m~~~~~~~~~ctor Exp under Development & Communication Services 949,954 $ 1,955,009 1,005,055 1,454,190 2,458,941 1,004,750 (504,236) 503,932 (305) Capital -Net Land Sales over $7,100 -to be contributed to reserves at YE; Net revenue over $13,400-$7,500 is Discover Tillsonburg; Net labour over $7,800- $6,600 is OT; IT transition costs over $18,700-KPMG; Training is under $2,100; Net IT costs under $2,400; Economic Development 193,299 $ 157,732 (35,567) 200,067 158,081 (41,986) (6,768) 349 (6,419) Net labour over $7,000; Rent revenue is over $6,800; Advertising expense is under $2,500; Consult & legal under $1,900; Special events/projects under $1,900 - mainly relating to Turtlefest costs Finance 179,569 $ 673,691 494,122 192,118 634,491 442,374 (12,549) (39,200) (51,748) Net revenue over $12,500-Interest is over $11,300; Net labour is under $31,200 -Vacant position in Q1, Partial vacancy in Q2; Net Building expenses under $6,000 Police 185,889 $ 1,822,465 1,636,576 184,876 1,825,703 1,640,827 1,013 3,238 4,251 Net labour is over $2,500; Net Building I Exoens vee •? •on Fire 72,600 $ 615,265 542,665 75,703 578,488 502,785 (3,103) (36,777) (39,880) Net revenue over $3,100; Net labour under $40,600 (Vacant Deputy Fire Chief); Airport 247,379 $ 230,226 (17,153) 245,084 234,285 (10,798) 2,295 4,059 6,355 Net building costs over $1,300; Net labour over $2,600; Net fuel sales under $2,150 Cemete 70 201 136 644 66 443 69 477 139 252 69 775 724 2 608 3 332 Net labour over 3 100 Library-Town Net Building Costs $ 8,364 8,364 6,264 8,699 2,435 (6,264) 335 (5,929) Revenue over $6,300; Miscellaneous Exp under $2,200; HLW over $2,250; Net ~a1b-~~~ over $1,650; Insurance under Museum 37,494 $ 147,051 109,557 38,121 142,137 104,016 (627) (4,914) (5,541) Net building costs over $3,100 -$4,200 relates to insurance claim; Net labour under $3,950; Special project under $2,000 -Exhibits & Artifacts; All other <? 7nn Parks & Recreation 666,270 $ 2,141,225 1,474,955 625,121 2,162,067 1,536,946 41,149 20,842 61,991 Net revenue under $41,150; Net labour over $31,000; Program Supplies over $4,400; HLW under $7,800; Building R&M under $16,700; Capital projects over 'n 1nn _ o, . o, · · TSEC -175 175 -175 175 Insurance credit EFC 37 488 $ 21 738 15 750 37 491 23 329 14 162 3 1 591 1 588 Net buildina exoenses over $1 500 Roads $ 1,326,391 1,326,391 76,213 1,334,566 1,258,354 (76,213) 8,175 (68,037) Supplies is under $19,100 primarily winter maintenance; Material/Inventory over $3.400; Insurance is over $5,100; HLW over $1,300; Net labour over $9,000; Net capital projects under $71,500-. o. Parking 68,724 $ 76,527 7,803 70,462 78,820 8,358 (1,738) 2,293 555 Revenue over $1,700; Net labour over $9,300; Line painting under $1,600; Snow removal under $7,000; patching over <? .000 Solid Waste 54,699 $ 166,944 112,245 51,550 163,035 111,485 3,149 (3,909) (760) Net labour over $1,300; Net revenue under ~!·r~~~~ ~:~e~:~2nventory under $5,200 - Building 112,998 $ 167,777 54,779 109,133 155,874 46,741 3,865 (11,903) (8,038) Net labour under $9,900 due to vacancy; Net revenue under $3,900; All other net onn Operations Admin -$ 73,929 73,929 73,995 73,995 -66 66 N/A Engineering 5,250 $ 126,753 121,503 5,450 126,193 120,743 (200) (560) (760) Net labour over $2,500; Equipment Supplies & Repair under $1,750; All other net exoenses und•c $1.300: H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-02 8/6/2013 2013-Quarter 2 2013 Operating & Capital Status Report Revenue Variance (Surplus)/Deficit YTD Budget YTD Actual Revenue Revenue Variance Council $ -$ -$ - Customer Service 133 476 129 867 3 609 Protection -General: Licenses & Mise 1,698 1,010 688 Protection -Parking Enforcement 11,499 11,545 (46) Protection -Animal Control 35,001 33,415 1 586 Protection -Capital --- Protection 48,198 45,970 2,228 Development & CS -Mise -8,865 {8,865) Development & CS -Permits 1,980 8,080 {6,100) Development & CS -Certificates 2,349 810 1,539 Development & CS -Capital 945,625 1,436,361 {490,736 Development & Communication Services 949,954 1,454,190 (504,236) Economic Development 193,299 200,067 (6,768 Finance-Grants 101,073 101,073 0 Finance-Interest 12,000 23,324 {11,324 Finance-Certificate 7,998 8,800 (802 Finance-Other 58,498 58,921 (423 Finance 179,569 192,118 (12,549 Police -Rent 132,588 132,590 (2 Police -Grants 44,001 43,052 949 Police -Mise 9,300 9,234 66 Police -All Other --- Police 185 889 184,876 1,013 Fire-Mise 2,001 2,350 (349) Fire -Suppression 13,998 18,057 (4,059) Fire -Prevention 2,001 960 1,041 Fire -Communication -Program Rev 54,600 54,336 264 Fire 72,600 75,703 (3,103) Airport 247,379 245,084 2,295 Cemetery 70 201 69,477 724 Library -6 264 (6,264) Museum 37,494 38 121 (627) Parks-Grants --- Parks-Mise 2 001 2 000 1 Parks-Capital --- Programs-Arena 265 059 237,550 271_509 Programs-Aquatics 163 356 154 970 8 386 Programs-Water park 18,501 15,927 2,574 Programs-Health club 84,501 77,494 7,007 H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-Q2 8/6/2013 2013-Quarter 2 tal Status Report Exoenditures Surolus)/Deficit YTD Budget Y 1 LJ Actual Exoenditures Expenditures Variance Council $ 116 343 $ 111 191 $ (5 152 Customer Service $ 130,322 $ 113,281 (17,041 Protection -Labour 113,643 112,909 (734 Protection -Subcon Exp 13,002 4,932 8,070) Protection -Adv&Promo 723 1,957 1,234 Protection -Training 1,002 1,546 544 Protection -Capital --- Protection -All Other 3,861 2,963 (898) Protection 132,231 124,306 (7,925) Development & CS -Labour 264,927 272J43 7,816 Development & CS -Consult/Legal/Audit --- Development & CS -Eqpt Mtce Contract 63,500 63,441 (59 Development & CS -Subcon Exp 53,499 52,955 (544 Development & CS -Capital 1,459,239 1,945,046 485,807 Development & CS -All Other 113,844 124,755 10 911 Development & Communication Services 1 955.009 2 458,941 503,932 Economic Development 157 732 158 081 349 Finance -Labour 495,285 464,082 (31,203) Finance -Special Projects 4,849 4,849 Finance -Consult/Leaal/ Audit 53,411 48 542 (4 869 Finance-Interest/Finance Charges 8,400 8,477 77 Finance-Subcon Exp 16,642 16,195 (447 Finance -All Other 99,953 92,346 (7,607 Finance 673,691 634,491 (39,200) Police -Service Board: Training 2,802 3,344 542 Police -Service Board: All Other 3,048 1,612 1,436) Police -Labour 46,548 49 108 2 560 Police -Subcon Exp 1,662,570 1,667,190 4,620 Police-Net Building Maint. 105,097 105,392 295 Police -All Other 2,400 (943) 3,343 Police 1,822,465 1,825,703 3 238 Fire -Labour 437,814 397,181 (40,633 Fire -Special Events 7,064 7,064 Fire -Trainina 7 346 5 604 1 742 Fire -Supplies 9,599 6,792 2,807 Fire -Equipment S&R 8,295 6,983 1,312 Fire -Equipment Maint. Contract 24,999 22,192 2,807 Fire-Capital 21,027 20,479 (548 Fire -All Other 106,185 112,193 6,008 Fire 615,265 578,488 (36,777) Airport 230 226 234 285 4,059 Cemetery 136,644 139,252 2,608 Library 8 364 8 699 335 Museum 147,051 142,137 4,914 H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-Q2 8/6/2013 80,000 ~~-~~ ~ 60,000 -·o ~ c 0 "'[ 40,000 a. 5 "' ;:;; 20,000 (20,000) (40,000) (60,000) (80,000) H:\Finance\Financial Plans\2013\2013 Quarterly Analysis\2013 Actual variances-Q2 2013 Q2 YTD Net Levy Variances 61,991 8/6/2013 (68,037) Total Net Surplus Q2 ($114,258) ------·-~-----~ -------------·------~·- •Council • Customer Service • Protection • Development & Communication Services •Economic Development • Finance •Police • Fire •Airport • Cemetery • library-Town Net Building Costs •Museum • Parks & Recreation 8TSEC •EFC • Roads • Parking • Solid Waste • Building ..:. Operations Admin • Engineering .ld Enterprise Services .2l Fleet STAFF REPORT FINANCE Title: Report No.: SECOND QUARTER 2013 FINANCE DEPARTMENT RESULTS FIN 13-28 Author: CHEYNE SARAFINCHIN Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVE THAT Council receives report FIN13-28 Second Quarter 2013 Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2013 to June 30, 2013 Finance Department financial results. BACKGROUND 2013 Business Objectives The following are the department's objectives. Objective Target Date Status Revised to Q3-Q4 Centralize A/R Investment Policy Audit RFP Development Charges Q2 2013 Q2 2013 Q3 2013 June 24, 2013 Council meeting By-Law Update ACR/Knowledgebase Maintained Customer Satisfaction Surveys Improve/Automate CSC Processes Q2 2013 to 2014 Q4 2013 Q1-Q4 2013 Q4 2013 County meetings began Q2 Ongoing Ongoing CAO APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Cheyne Sarafinchin Darrell Eddington 3 DATE: DATE: August 2, 2013 DATE: CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES 2013 Operations Services Second Quarter Report OPS 13-21 S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee AUGUST 12TH, 2013 Date: Attachments: NONE RECOMMENPATION RESOLVED THAT Council receive Report OPS 13-21 -2013 Operations Services Second Quarter Report. EXECUTIVE SUMMARY This report covers the period from January 15\ 2013 to June 30th, 2013 for the Town of Tillsonburg Operations Services. Generally the Operations Services business plans were carried out in accordance with the 2013budget. Expenditures are within general expectations for the 1st half of the 2013 fiscal year. Overall, Operations Services generated a $35,000 surplus, due to delayed hires, which is predicted at year end. COMMENTS Major Financial Variances versus 2013 Budget Overall the 2013 Operations Services 2nd Quarter Variance summary is as follows: 2nd Quarter Variance Summarv Roads -$68,040 Parking $555 Solid Waste -$760 Operations Admin. $70 Engineering -$760 CAO Recently, staff were notified that drainage improvements are required to the Swance drain at Cranberry Road. The Township of Norwich is managing the work under the Drainage Act. The cost to the town to replace the steel culvert at Cranberry Road is estimated at approximately $35,000 which will have to come from reserves. The work could happen later this year or sometime in the first half 2014 depending on the success of the petition. The sidewalk inspection program was implemented in 2012 and ties into our asset management inventory database and allow for the timely rehabilitation of sidewalks while minimizing risk to the municipality. The inspection program will be carried out in the third quarter and has proven valuable in identifying sidewalk issues and should go a long way to promoting pedestrian safety, minimizing our exposure to risk and keeping municipal insurance costs low. Repairs are being planned for 2013 sidewalk maintenance program based on the results of the 2012 inspection program. Operations Services continues to support the ACR customer service program. The King Highway Connecting Link program has no funding available to municipalities for 2013. This is a risk and will add to the infrastructure gap and significant rehabilitation cost should roads require reconstruction rather than resurfacing which is not carried out on a timely basis. Broadway, Oxford Street and Vienna Road represent our connecting link which has provincial significance in connecting our provincial highway system together. The funding issue has been support by OGRA and a number of municipalities that have similar Kings Highway Connecting Links contained with their boundaries. The 2013 electricity cost of service application was approved by the OEB and became effective May 1st, 2013 which reba sed the electrical distribution rates and represent approximately 20% of the total hydro bill. The new rates will assist us in the maintenance and capital replacement of the Tillsonburg electrical distribution system. Unit #66, a twelve year old material handler truck that provides fleet resources to the utility section and THI has suffered a major structural chassis failure which has placed this unit out of service and a rental has been obtained in the interim. A separate report will follow to outline options and financing details. Timely replacement of equipment is essential to minimize additional rental and repair costs and maintain desired service levels. FINANCIAL IMPACT /FUNDING SOURCE No further comment. APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE:23th July,2013 Operations D. Eddington, Director of Finance DATE:24th July,2013 3 CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Report No.: Author: Meeting Type: 2013 Second Quarter Report DCS 13-68 David Samis COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: NONE RECOMMENDATION "Resolve that Council receives report DCS 13-68 Second Quarter Report-Development and Communication Services. Further resolve that Council receive this report for information purposes." EXECUTIVE SUMMARY This report spans the period from January 1, 2013 to June 30, 2013 for the Department of Development and Communication Services. HISTORY /BACKGROUND 2013 Business Plan -Objectives by Year The following is the current directions and goals of each business area in the Department of Development and Communications Services. CAO Building Services VALUE OF CONSTRUCTION COMPARISON 142,735 4,037,000 565,057 2, 711,100 421,000 2,146,100 44,867 67,200 791,175 11,558,773 10,307,842 9,671,446 PERMITS ISSUED COMPARISION 42 101 32 29 165 140 150 162 The number of permits issued is up slightly from previous years and the total value of construction has decreased. The overall residential housing construction market remained stable with a decrease in the construction of apartments/condominiums. The abnormal year for weather has slowed some construction activity. Major construction projects thus far are as follows: • Reynolds Way • Siemans - 1 Clearview -site development work • Marwood -35 Spruce -Addition/Renovation • Library -renovation/small addition 3 CAO United Kingdom (23) Not Set (18) Pakistan (3) United Arab Emirates (2) Brazil (2) Mexico (2) Australia (1) Belgium (1) Economic Development 74 10 N/A 14 4 6 8 N/A 3 N/A 4 4 2,157 Airport 2013 FUEL SALES TOTAL LITRES YTD 62,600 Movements YTD ON MARCH 31 5,633 5 Philippines (15) United Kingdom (6) United Arab Emirates (3) Germany (3) Hungary (3) India (3) Italy (3) China (2) N/A N/A 6 6 1 3 8 4 2,461 2012 59,859 5,079 N/A N/A 6 6 3 3 4 4 Increase/ decrease 4.6°/o 10.91°/o CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Report No.: Author: Meeting Type: 2013 Second Quarter Report DCS 13-68 David Samis COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: NONE RECOMMENDATION "Resolve that Council receives report DCS 13-68 Second Quarter Report-Development and Communication Services. Further resolve that Council receive this report for information purposes." EXECUTIVE SUMMARY This report spans the period from January 1, 2013 to June 30, 2013 for the Department of Development and Communication Services. HISTORY/BACKGROUND 2013 Business Plan -Objectives by Year The following is the current directions and goals of each business area in the Department of Development and Communications Services. D CAO Building Services VALUE OF CONSTRUCTION COMPARISON 142,735 4,037,000 565,057 2,711,100 421,000 2,146,100 44,867 67,200 791,175 11,558,773 10,307,842 9,671,446 PERMITS ISSUED COMPARISION 42 101 32 29 165 140 150 162 The number of permits issued is up slightly from previous years and the total value of construction has decreased. The overall residential housing construction market remained stable with a decrease in the construction of apartments/condominiums. The abnormal year for weather has slowed some construction activity. Major construction projects thus far are as follows: • Reynolds Way • Siemans - 1 Clearview -site development work • Marwood -35 Spruce -Addition/Renovation • Library -renovation/small addition 3 CAO \ ) United Kingdom (23) Not Set (18) Pakistan (3) United Arab Emirates (2) Brazil (2) Mexico (2) Australia (1) Belgium (1) Economic Development 74 10 N/A 14 4 6 8 N/A 3 N/A 4 4 2,157 Airport 2013 FUEL SALES TOTAL LITRES YTD 62,600 Movements YTD ON MARCH 31 5,633 5 Philippines (15) United Kingdom (6) United Arab Emirates (3) Germany (3) Hungary (3) India (3) Italy (3) China (2) N/A N/A 6 6 1 3 8 4 2,461 2012 61,386 5,079 N/A N/A 6 6 3 3 4 4 Increase/ decrease 2°/o 10.91°/o D CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: 2013 Parks & Recreation Services Second Quarter Report Report No.: PRS 13-14 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-14 2013 Parks & Recreation Services Second Quarter Report for information. EXECUTIVE SUMMARY The purpose of this report is to present the second quarter (April 1-June 30) operational results and significant variances from budget for the Parks and Recreation Services Department. 2013 SECOND QUARTER BUSINESS PLAN DIRECTIONS & GOALS The Cemetery Division experienced a typical first half based on 5-year trends. Year-to- date plot and niche sales are below average, cremation and niche interments are above average, full interments are average. Flower basket sales were fewer than in the previous two years. Completion of landscaping near the front gate has been put on hold until the final decision on cemetery signage is made. 1/6 PRS !3-14-2013 PRS Second Quarter Report.docx CAO Increase awareness, attendance and potentially revenue by hosting 40th Anniversary Dinner in a series of special evening gatherings on the lawn and a series of June was a success. special events and exhibits to celebrate the museum's 40th Anniversary (4-6) Assist TACAC to develop a 2014 photo calendar of historic buildings Deferred. TACAC changed in Tillsonburg as a source of revenue generation for the TACAC. (2-their priorities for 2013. 12) The museum has experienced a very positive second quarter in the area of attendance. All programs were at 100% capacity, attendance figures surpassed 2012 quarterly numbers by 13% and revenue was up almost 2%. The increase can mainly be attributed to the success of the museum's 2013 Turtlefest event, which saw over 1,000 visitors on the lawn and through the building during this one day event. In late May, damage in the administration wing from a flood caused by a cracked toilet tank will offset the financial gains of the quarter. The museum's 40th Anniversary Steak & Lobstertail Dinner was held during the quarter. Deemed a success by all who attended, the dinner and brief program that reflected on the museum's 40 year history was a perfect way in which to celebrate this milestone. The event was also profitable as net proceeds for the evening totaled $2097.31. Parks Division Item (Strategic Master Plan Action Reference#) Status Implement electronic parks and facility inspection tracking to meet Training completed in Q2. industry trends and best practices in risk management and monitoring. ( 1-4) Install two beach volleyball courts in the Memorial Park area near Courts completed early the Pavilion to increase recreational opportunities and potential July due to spring revenue from an organized league. (5-1, 5-5, 6-10) weather. Monitor contracts for year three of grass cutting & horticulture for Monitoring in place for Q2. Municipal parks (1-4). Issue RFP for 2014-2016 in summer 2013. Partner with Trans Canada Trail to initiate using the CASO rail line to Preliminary meetings held connect Tillsonburg trails to Elgin and Oxford County (6-4. 6-5) with TCT and County staff Assist Lake Lisgar Revitalization Committee with implementation of Parks staff upgraded the Phase 3 & 4 (2-5, 2-12, 6-14) parking lot at Gibson House area and the lower driveway and parking lot at Summer Place. The 2013 Keep Tillsonburg Beautiful day was well attended and additional trees were planted on the Trans Canada Trail by Fourth Street. Plans are in place to complete tree planting next year in Participark. Tillsonburg Minor Ball Inc. partnered with the municipality to pay for an irrigation system for Kiwanis Diamond in April. An irrigation system was also donated and installed at the Museum. With assistance from the Roads Division, drainage in the ball diamond parking at the end of Concession Street was improved. Parks staff removed the old backstop at the Memorial Park diamond and at the 3/6 PRS 13-14-2013 PRS Second Quarter Report.docx CAO Oxford County Cycling Advisory Committee Along with Mayor Lessif, the Program Manager has been representing Tillsonburg on the Oxford County Cycling Advisory Committee established earlier this year. One of the Committee's objectives is to identify preferred cycling routes throughout the county. In the Tillsonburg area, Oxford Road 4 between Township Road 3 and 16th line (Delmer to Tillsonburg) will be the pilot. This road was selected as it is a connecting link and a popular cycling road. Once the signs are installed (September 2013) the Advisory Committee will initiate an education and awareness plan with the support of the County Strategic communications and engagement team. Based upon the anticipated success of this pilot project, more signage and education will be proposed as part of the 2014 budget. In Tillsonburg, there is an awareness event (The Harvest Ride) scheduled for Thanksgiving weekend, and the 2014 Parks and Recreation Services Business Plan will include establishing a Safe Cycling Community Committee following the model that the County Council uses. Major Financial Net Levv Variances versus 01 Budget (good newslbad news PRS Staff have curtailed labour and program expenditures in all areas to respond to revenue shortfalls and labour overages. Specifically, part time staff hours have been reduced in the Waterpark, Community Centre Customer Service, Facility Maintenance, and youth program areas. These cuts in staff time mean service adjustments including shifting customer service transactions from the main desk to the Health Club desk on weekends. Contracted grass maintenance services are also being scaled back, which means a lower standard (longer grass) in most park areas for the remainder of the season. The combined reductions total approximately $40,000. Due to a relatively cool summer so far and similar weather forecasted for the remainder of August, the Waterpark is experiencing lower than expected patron counts which will put further pressure on the overall department budget. Staff recommend that the Waterpark be closed on Labour Day, which experience shows is a very slow day; however the plan is to remain open that day as per Council direction at budget time. Current projections expect PRS department to be $10,000 over budget at year end. APPROVALS Author Name/Signature PRS 13-14-2013 PRS Second Quarter Report.docx RICK COX, DIRECTOR OF PARKS & RECREATION 5/6 DATE: 02-AUG-2013 CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: 2013 Parks & Recreation Services Second Quarter Report Report No.: PRS 13-14 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-14 2013 Parks & Recreation Services Second Quarter Report for information. EXECUTIVE SUMMARY The purpose of this report is to present the second quarter (April 1-June 30) operational results and significant variances from budget for the Parks and Recreation Services Department. 2013 SECOND QUARTER BUSINESS PLAN DIRECTIONS & GOALS The Cemetery Division experienced a typical first half based on 5-year trends. Year-to- date plot and niche sales are below average, cremation and niche interments are above average, full interments are average. Flower basket sales were fewer than in the previous two years. Completion of landscaping near the front gate has been put on hold until the final decision on cemetery signage is made. 1/6 D PRS 13-14-2013 PRS Second Quarter Report.docx CAO Increase awareness, attendance and potentially revenue by hosting 40th Anniversary Dinner in a series of special evening gatherings on the lawn and a series of June was a success. special events and exhibits to celebrate the museum's 40th Anniversary ( 4-6) Assist TACAC to develop a 2014 photo calendar of historic buildings Deferred. TACAC changed in Tillsonburg as a source of revenue generation for the TACAC. (2-their priorities for 2013. 12) The museum has experienced a very positive second quarter in the area of attendance. All programs were at 100% capacity, attendance figures surpassed 2012 quarterly numbers by 13% and revenue was up almost 2%. The increase can mainly be attributed to the success of the museum's 2013 Turtlefest event, which saw over 1,000 visitors on the lawn and through the building during this one day event. In late May, damage in the administration wing from a flood caused by a cracked toilet tank will offset the financial gains of the quarter. The museum's 40th Anniversary Steak & Lobstertail Dinner was held during the quarter. Deemed a success by all who attended, the dinner and brief program that reflected on the museum's 40 year history was a perfect way in which to celebrate this milestone. The event was also profitable as net proceeds for the evening totaled $2097.31. Parks Division Item (Strategic Master Plan Action Reference #} Status Implement electronic parks and facility inspection tracking to meet Training completed in Q2. industry trends and best practices in risk management and monitoring. (1-4) Install two beach volleyball courts in the Memorial Park area near Courts completed early the Pavilion to increase recreational opportunities and potential July due to spring revenue from an organized league. (5-1, 5-5 6-10) weather. Monitor contracts for year three of grass cutting & horticulture for Monitoring in place for Q2. Municipal parks (1-4). Issue RFP for 2014-2016 in summer 2013. Partner with Trans Canada Trail to initiate using the CASO rail line to Preliminary meetings held connect Tillsonburg trails to Elgin and Oxford County (6-4. 6-5) with TCT and County staff Assist Lake Lisgar Revitalization Committee with implementation of Parks staff upgraded the Phase 3 & 4 (2-5, 2-12, 6-14) parking lot at Gibson House area and the lower driveway and parking lot at Summer Place. The 2013 Keep Tillsonburg Beautiful day was well attended and additional trees were planted on the Trans Canada Trail by Fourth Street. Plans are in place to complete tree planting next year in Participark. Tillsonburg Minor Ball Inc. partnered with the municipality to pay for an irrigation system for Kiwanis Diamond in April. An irrigation system was also donated and installed at the Museum. With assistance from the Roads Division, drainage in the ball diamond parking at the end of Concession Street was improved. Parks staff removed the old backstop at the Memorial Park diamond and at the 3/6 PRS 13-14-2013 PRS Second Quarter Report.docx CAO Oxford County Cycling Advisory Committee Along with Mayor Lessif, the Program Manager has been representing Tillsonburg on the Oxford County Cycling Advisory Committee established earlier this year. One of the Committee's objectives is to identify preferred cycling routes throughout the county. In the Tillsonburg area, Oxford Road 4 between Township Road 3 and 16th line (Delmer to Tillsonburg) will be the pilot. This road was selected as it is a connecting link and a popular cycling road. Once the signs are installed (September 2013) the Advisory Committee will initiate an education and awareness plan with the support of the County Strategic communications and engagement team. Based upon the anticipated success of this pilot project, more signage and education will be proposed as part of the 2014 budget. In Tillsonburg, there is an awareness event (The Harvest Ride) scheduled for Thanksgiving weekend, and the 2014 Parks and Recreation Services Business Plan will include establishing a Safe Cycling Community Committee following the model that the County Council uses. Major Financial Net Levv Variances versus 01 Budget {good newslbad news PRS Staff have curtailed labour and program expenditures in all areas to respond to revenue shortfalls and labour overages. Specifically, part time staff hours have been reduced in the Waterpark, Community Centre Customer Service, Facility Maintenance, and youth program areas. These cuts in staff time mean service adjustments including shifting customer service transactions from the main desk to the Health Club desk on weekends. Contracted grass maintenance services are also being scaled back, which means a lower standard (longer grass) in most park areas for the remainder of the season. The combined reductions total approximately $40,000. Due to a relatively cool summer so far and similar weather forecasted for the remainder of August, the Waterpark is experiencing lower than expected patron counts which will put further pressure on the overall department budget. Staff recommend that the Waterpark be closed on Labour Day, which experience shows is a very slow day; however the plan is to remain open that day as per Council direction at budget time. Current projections expect PRS department to be $10,000 over budget at year end. APPROVALS Author Name/Signature PRS 13-14-2013 PRS Second Quarter Repon.docx RICK COX, DIRECTOR OF PARKS & RECREATION 5/6 DATE: 02-AUG-2013 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FIRE & RESCUE SERVICES SECOND QUARTER REPORT FRS 13-08 JEFF SMITH COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: NIL RECOMMENDATION RESOLVED THAT Council receive Report FRS 13-08 Second Quarter Report as information. EXECUTIVE SUMMARY 2013 Business Plan Objectives 2013 Goal I Objective Market Fire Communications to potential clients Cad Server Computer & Digital Voice Recording System Annual replacement of Personal Protective Equipment (PPE) High Building firefighting equipment Self-contained Breathing Apparatus lease agreement 2013 Performance Measures Target Date Status Q1-Q4 Ongoing Q2 Incomplete Q2 In Progress Q3 In Progress Q1 Complete 23 Firefighters on average attended training exercises with an average participation rate of 90%. The Average firefighter, year to date, has attended 55% of Platoon calls and 47% of All Calls. D CAO Fire Communication Report In May a senior part-time Fire Communicator resigned to take a similar fire communications position with another dispatch service. This resignation has reduced the current number of part time Fire Communicators to two {2). Tillsonburg Fire & Rescue will be recruiting three (3) fire communicators to bring the total part-time Fire Communicator complement up to the approved level of five(5), as per the Establishing & Regulating By- law. It is anticipated that the total cost of recruitment and training is estimated to be $15,500. This unanticipated cost will be funded through the existing training budget and from the existing Fire budget surplus. Fire Comm Dispatched Incidents Non Emergency Calls (Customer Service, Burn Activation Lines etc.) • • --\--< -~---- -- --~ ------,-~] I ·• ' I ~~~ ' ---• ~~-~-L~~-j-~ ' , , ' , --~-~ -~ , ~-' 'j 3719 6743 19~50 FINANCIAL IMPACT /FUNDING SOURCE The department's Q2 budget to actual favorable variance is $39,880 and the department is projecting no variance from the 2013 budget. The surplus from Q2 will be offset by funding the training of the new part-time Fire Communicators in Q3 and Q4. Department is anticipating higher than budgeted costs for part time fire communicators relating reduced staffing level. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature JEFF SMITH Cheyne Sarafinchin 3 DATE: AUGUST 2, 2013 DATE: DATE: August 7, 2013 CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT CAO COMMUNITY STRATEGIC PLAN -CONSULTING SERVICING OPTIONS CAO 13-10 DAVID CALDER, CAO COUNCIL MEETING AUGUST 12, 2013 RFP That Town of Tillsonburg Council receives Report CA0-13-1 0, Community Strategic Plan -Consulting Services Options. And that Council authorizes obtaining consulting services through a Request for Proposal (RFP) to assist with the development of a new Strategic Plan, to be funded from the Council approved 2013 budget. And that, upon the selection of a Consultant, a Community Strategic Plan Steering Committee be appointed. EXECUTIVE SUMMARY The Town Council in 2006 received a Town of Tillsonburg Corporate Strategic Plan. It is unclear what action took place to implement the plan. In September 2012, a Tillsonburg Five-Year Strategic Plan document was presented to Council but no action was taken regarding the plan as presented. In 2013, as part of the Development Committee's work plan, efforts are taking place to complete an Economic Development strategy which could form part of a Community Strategic Plan. Funds, in the amount of $20,000, were contained in the 2013 budget to prepare a Community Strategic Plan. Staff is seeking Council's direction regarding the advancing of a Town of Tillsonburg Community Strategic Plan. BACKGROUND At its meeting of September 24th, 2012, Town Council had before it as an agenda item "The Community Draft Strategic Plan". The minutes indicate that no Council resolution regarding the draft plan was adopted. Subsequently, at its meeting of October 15, 2012, the minutes note that "Mayor Lessif requested that Council consider putting the 2013 budget process on hold until the new CAO has been appointed and the strategic plan can be completed. Council will evaluate items that need to be addressed before the new CAO has been hired on a project by project basis." At its meeting of August 8, 2013, the Development Committee adopted the following recommendation to Council: "RESOLVE THAT the Development Committee recommends that Council hire a consultant to assist in developing a Community Strategic Plan for Tillsonburg." The Committee also stressed the importance of commencing with the Community Strategic Plan process. DISCUSSION Consultants have been used in the past (2005) to assist with the creation of a strategic plan. It is anticipated that the CAO would be the project sponsor for the Community Strategic Plan and a small steering committee of staff and perhaps a Council representative would be recommended to help drive the Strategic Plan process. Staff is suggesting the retention of a qualified consulting firm to perform the following tasks: 1. Prepare a work program for the Strategic Plan that includes key milestones. 2. Manage a public engagement process in order to obtain citizen input. This engagement may include, open houses, focus groups with key stakeholders, surveys and Town Hall meetings. 3. Design and administer a community survey regarding the Town of Tillsonburg Strategic Plan to a statistically significant portion of the Town ofTillsonburg population; and, 4. Summarize the comments throughout both the public engagement process and the community survey, prepare a Town ofTillsonburg Community Strategic Plan and present the plan to the Council of the Town of Tillson burg at a future Council meeting. NEXT STEPS Upon Council's support for the direction as outlined in this report, a consultant will be retained in accordance with the Town's purchasing by-law, and the Strategic Plan process will commence keeping in mind the need for public engagement. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Date: Date: Date: Page 3 I 3 CAO J The Corporation of the Town of Tillson burg August 8, 2013 To: Mayor Lessif & Tillsonburg Town Council RE: Development Committee Resolution-Report CAO 13-10, Strategic Plan RFP Please be advised that at its meeting of August 8, 2013, the Development Committee passed the following resolution: "RESOLVE THAT the Development Committee recommends that Council hire a consultant to assist in developing a Community Strategic Plan for Tillsonburg." If you have any questions, please contact me at 688-3009 Ext. 3221. Regards, c~x~:__ AmberZim~ Deputy Clerk CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca REQUEST FOR PROPOSALS "CONSULTANT(S) SERVICES FOR THE TOWN OF TILLSONBURG COMMUNITY STRATEGIC PLAN PREPARATION" CHIEF ADMINISTRATOR'S OFFICE TOWN OF TILLSONBURG AUGUST 2013 1 6.0 SUPPORT FROM TOWN 6.1 Documents and Available Data 6.2 Town Staff Contacts LIST OF TABLES Table 1 -Proposal Evaluation Criteria ) 3 18 18 18 10 It is expected that the proposals in response to this RFP will be received in mid September 2013, in order that Consultant(s) selection may occur quickly, and work can commence early in October 20 13. It is staffs goal to have the new Strategic Plan completed by the end of February 2014 in order that the Plan can be used during the balance of 2014 and in anticipation of 2015 budget deliberations. The RFP outlines the work as contemplated by the Town and are for guidance only. Consultants are encouraged to be innovative in their proposal responses to the RFP by identifying additional or alternative tasks that would provide value to the Town in accomplishing the objectives of this project. Where such additional or alternative tasks are proposed all supporting details and rationale must be provided. The Successful Consultant(s) whose proposal, in the sole judgment of the Town, most effectively meets the requirements of this Request for Proposal (RFP) will be required to enter into an Agreement with the Town. The Successful Consultant( s) must be prepared to ensure that the required milestones are completed in a timely and efficient manner based on critical deadlines set by the CAO. The Town invites qualified Consultants to respond to the RFP for the provision of consulting services to assist with the preparation of the Community Strategic Plan. In the RFP the words "Consultant(s)" and "Successful Consultant(s)" refer to the consultant(s) who may eventually be selected by the Town to enter into an agreement with the Town to carry out this project. The word "Consultants' refers to Consultants who may elect to submit a proposal for the Town's consideration in accordance with this RFP. All proposals will be irrevocable for a period of ninety (90) days from the closing date of the RFP or until a contract is signed with the successful Proponent(s), whichever comes first. 1.1 Background In August of 2013, Council considered Staff Report CA0-13-XX which recommends the establishment of a Strategic Planning Steering Committee, and the hiring of a Consultant(s) to assist the Steering Committee in the preparation of the Community Strategic Plan. New and creative ways of obtaining input from the public on what should go into the plan are being sought through this RFP. 1.2 Purpose and Objectives The Town intends to retain a qualified consulting firm(s) to perform the following: 5 2.1 Reporting The Consultant(s) will be expected to provide written comments of the following to the Town of Tillsonburg: • A full statistical analysis of the data collected through the community-wide survey; • A full summary of all of the community engagement sessions including numbers of the public attending, a potential list of "action items" that should be considered when preparing the Strategic Plan. • Draft Community Strategic Plan document. The Successful Consultant(s) will be required to submit electronic copies of all documentation, and three (3) hard copy sets of all documents (i.e. meeting summaries, data analysis, comment letters, etc.) to David Calder, CAO. 3.0 PROPOSAL SUBMISSION REQUIREMENTS 3.1 Response to RFP To facilitate the Town's review and evaluation of proposal submissions against this RFP, all submissions should be structured according to the headings outlined below: • Introduction • Understanding of the project • Consultant(s) Project Team • Project Schedule/Work Plan • Technical Expression of Interest • Quality and Cost Control The proposal should include a list and discussion of key components of the project and a brief outline of the proposed work program. Proposals should be limited to a maximum of 7 pages. In addition, curricula vitae (maximum 3 pages each) and promotional literature, brochures, photographs, etc. may be included in an appendix. The Successful Consultant(s) must be prepared to enter into an agreement with the Town of Tillsonburg. The RFP, along with the Successful Consultant's(s') work plan(s) and any modifications to same requested by the Town of Tillsonburg, shall form part of that consulting services agreement. References to the Consultant's(s') webpage and/or any external communication material will not be considered or evaluated as part of the proposal submission. 3.2 Consultant's Team Proposal submissions should contain a brief synopsis of the firm's background and areas of expertise. Include the address and telephone number of the main office and any city/local offices from which the work is to be directed. 7 • The Strategic Plan document will be drafted by the Consultant(s) on the basis of the results of the public engagement initiatives outlined in this RFP. • Public meetings will be held in Town-owned facilities. • Advertising for any and all public meetings or community engagement shall be approved by the Strategic Planning Steering Committee and paid for by the Town of Tillson burg. 3.6 Ownership of Documents Any data file, graphic, design, plan, or any other documentation (digital and hard copy) or property supplied or prepared by the Consultant(s) pursuant to this assignment will be exclusive property of the Town of Tillson burg. This shall be further covered under the Agreement between the Successful Consultant(s) and the Town. 4.0 EVALUATION PROCESS-CONSULTANT(S) SELECTION Selection will be based upon the accuracy, completeness, qualification and experience of the Consultant(s). The overall detailed costs will be a significant factor. The Town is seeking a Consultant(s) who demonstrates understanding of the separate and distinct components of this project, yet also understands the relationship between the components. The Consultant(s) proposal should include the following: • Understanding of the expectations for municipal consulting services in the Town of Tillsonburg; • Full understanding of the project's key components and objectives; • A detailed project approach identifying tasks and specific deliverables; • A detailed work program identifying staff assignments and a description of major activities to be undertaken for this project, including project milestones; • Project Manager and project team including Consultant's experience on similar projects (individual resumes should be limited to a maximum of3 pages); • Clear identification of the time commitments and resources that may be expected of the Town ofTillsonburg staff; • Schedule of fees should match (as a minimum) the list of tasks identified in Section 5.0 and based upon time/stages/activities/tasks; • An upset fee for the total project including expected disbursements; • Identification of specific deliverables to be supplied at the completion of each stage/milestone; • Client references & contact details. Consultant(s) shall note that payment terms will be made on completion of the project tasks/stage/milestones achieved and identified in the approved Consultant(s) work plan. 9 5.1 Award The Town reserves the right to accept or reject any or all Proposals, to negotiate with the successful Proponent( s) and to waive irregularities and omissions, if in so doing the best interests of the Town will be served. No liability shall accrue to the Town for its decision in this regard. Any proposal or any part of any Proposal will not necessarily be accepted. The lowest Proposal does not necessarily constitute an award. The Town is not obligated to award a contract to any Proponent pursuant to this RFP. The Town reserves the right to award the contract on a split-order basis, lump sum basis, or individual-item basis or such combination as shall best serve the interests of the Town in the opinion ofthe Chief Administrative Officer. The acceptance and award of the Proposal is subject to approval by Town Council. 5.2 Errors and Omissions It is understood, acknowledged and agreed that while this Request for Proposal includes specific requirements and specifications, and while the Town has used considerable efforts to ensure an accurate representation of information in this Proposal, the information is not guaranteed by the Town to be accurate, nor necessarily comprehensive or exhaustive. Nothing in the Proposal is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in the Proposal. There will be no consideration of any claim, after submission of Proposals, that there is a misunderstanding with respect to the conditions imposed by the contract. 5.3 Limitations of Damages The Proponent waives any claim for loss of profits, overhead expenses, liabilities, costs, expenses, loss or damage incurred, sustained or suffered by themselves prior or subsequent to or by reason of the acceptance or the non-acceptance by the Town of any Proposal or by reason of any delay in the acceptance of a Proposal, or matters in respect of the competitive process, except as provided in the Proposal. All costs incurred in the preparation and presentation of the Proposal shall be wholly absorbed by the proponent. All supporting documentation submitted with the Proposal shall become the property ofthe Town ofTillsonburg. 5.4 Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) In accordance with MFIPP A, this is to advise that any personal information Proponents provide is being collected under the authority of the Municipal Act and will be used exclusively in the selection process. All Proposals submitted become the property of the Town. Proponents are reminded to identify in their Proposal material any specific scientific, technical, commercial propriety, or similar confidential information, the disclosure of which could cause them injury. 11 5.8 Disputes All disputes that arise as a result of this Request for Proposal shall be resolved through the Chief Administrative Officer or designate. 5.9 Indemnification The successful Proponent will, at all times, indemnify and save harmless the Town, their officers, employees and agents from and against all claims, demands, losses, costs, damages, action, suite or other proceedings made, sustained, brought or prosecuted that are based upon, or caused in any way by anything done or omitted to be done by the Proponent or any of its officers, directors, employees, or agents in connection with the services performed, purportedly performed or required to be performed by the Proponent under this proposal call and subsequent contractual agreement. 5.10 Assignment and Sub-letting The successful Proponent shall not assign or sub-let the Contract or any part thereof or any benefit of interest therein or there under, without the prior written consent of the Town of Tillsonburg. The successful Proponent shall be held as fully responsible to the Town of Tillson burg for the acts and omissions of its sub-contractors and of persons directly or indirectly employed by it as for the acts and omissions of persons directly employed by it. 5.11 Town Information All Town information obtained by the Proponent in connection with this Proposal is the property of the Town of Tillsonburg and shall be treated as confidential and not used for any other purpose by the Proponent other than for replying to this Request for Proposal, and for fulfillment of any subsequent service. 5.12 Confidentiality Statement The successful Proponent shall at all times maintain confidentiality of all materials, information and all business related to the Town that the successful Proponent may come into contact through implementation and any continued relationship as the contract may warrant. 5.13 Term of Contract The term of this contract shall be for a period of one (I) month to six ( 6) months. The terms and conditions contained within this Request for Proposal shall remain in effect for all properties processed during the term of the agreement and any subsequent extension. 13 5.18 Criminal Background Checks The successful Proponent covenants and agrees to assist the Town of Tillsonburg in complying with same by providing the Town ofTillsonburg or such other entity as the Town ofTillsonburg may designate with a criminal background check covering offences under the Criminal Code, the Narcotics Control Act and any other offences which would be revealed by a search of the automated Criminal Records Retrieval System maintained by the RCMP ("Criminal Background Check") 5.19 Exclusivity Services provided by the successful Proponent shall be utilized at the sole discretion of the Town of Tillsonburg. The Town may choose to utilize internal staff where it is in the best interests of the Town to do so and in such cases the Town ofTillsonburg shall incur no penalty. The Town of Tillsonburg intends to secure services as outlined in this request for proposal but retains the right to decline contracting with any of the Proponents, in the Chief Administrative Officer's sole discretion. The Town reserves the right to negotiate the details of the services to be provided. 5.20 Conflict of Interest Proposals may be rejected where a Conflict of Interest is determined by the Chief Administrative Officer or designate. Conflict of Interest means a situation where a personal or business relationship or interest of a Proponent, councillor, officer, or employee of the Corporation is in conflict with the best interests of the ratepayers ofthe Town ofTillsonburg, and includes: a) the giving or receiving of a personal gain or benefit, or advantage or privilege, direct or indirect, by any business or a family member of any business or individual that could in future or does currently provide advice, goods, services, or construction to the Corporation b) the acceptance of gifts or hospitality, the frequency or nature of which could be deemed by others as an influential factor related to any business decision that a Town staff person or staff group might have made, or might make in the future c) a direct or indirect interest in any business that provides goods, services or construction to the Corporation. 15 Strategic Plan Preparation The following table is to be prepared for comparison of Consultants Fee Estimates. It is not intended to represent a detailed description of the full range of services to be provided. The Consultants are to ascertain the degree of detail to be summarized under each category and shall provide the summary for review with any other related information for consideration. The Consultants summary must include each of the major categories for the Fee estimate to be considered for this project. Total Cost Stage Description/ Activity (Cost-Plus Estimate) A. Project Initiation B. Review of background materials c. Preparation of engagement strategy -time lines/chart, survey questionnaire, etc. D. Implementation of strategy (i.e. public meetings, survey implementation, summation of results, etc.) E. Liaison F. Meetings Sub-total: Contingency (1 0%) HST: TOTAL: The Town reserves the right to award this RFP in whole or in part and reserves the right to add or delete from the award, if so desired. The lowest cost or any proposal will not necessarily be accepted and the Town reserves the right to award any portion thereof. 17 STAFF REPORT OPERATIONS SERVICES Title: Unit #66 Material Handler (Bucket Truck) -Supplementary Report Report No.: OPS 13-14 Author: Dave Davis, Fleet Manager S.T.Lund, P.Eng., PWLF, Director of Operations Meeting Type: COUNCIL MEETING Council/Committee 12 AUGUST, 2013 Date: Attachments: ONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-14 Unit #66 Material Handler- Supplementary Report as information; FURTHER RESOLVE THAT Council approves the proposed lease; FURTHER RESOLVE THAT a new truck be purchased in 2013 to replace Unit #66 as per option #5 contained within Report OPS13-09. EXECUTIVE SUMMARY On-going efforts to source a short term economical replacement for Unit #66 opened dialogue with Erie Thames Powerlines(ERTH) and a possible short term solution. ERTH has offered to lease, with a possibility to purchase outright, a 1997 Freightliner FL80 equipped with a PosiPius 50' material handler, dual bucket boom. On the long term and in the absence of a viable option to provide equipment necessary to maintain service levels, staff recommends to replace material handler #66 which has a 14 month delivery time. The ERTH truck will provide an adequate short term replacement in the meantime. HISTORY Council received report OPS13-09 -Unit#66 Bucket Truck Failure report at their April 22 meeting (attached). Direction to staff was given to present the issue to the Tillsonburg Hydro Inc. board at their April 24th meeting which received the staff report. In addition, recent communication between Town staff and Erie Thames Powerlines (ERTH) has revealed an opportunity has been to rent a 1997 ERTH Material Handler truck. It should be noted staff have contacted the following; PosiPius, Wajax Manufacturing and Altec Industries, Hydro One, London Hydro, Ascent, St. Thomas Hydro and Bluewater Hydro with no viable short term solution to date. CAO While this unit would meet the immediate needs of THI, it should not be considered a long term solution to replace Unit #66. The ERTH unit is 15 years old and was scheduled for replacement by ERTH in their 2014 budget. Expecting this unit to remain in service longer than 1 year to 18 months is not recommended and a permanent long term replacement unit should still be sought in the current budget. Noting that the timeframe required to research and create a tender specification as well as allowing for vender response and build time required to fabricate a new unit, it is recommended that Council also authorize staff to immediately move forward with a tender specification and receive firm pricing on a new unit for the 2014 budget FINANCIAL IMPACT /FUNDING SOURCE Lease costs of $200 per month for approximately 14 -18 months until a new unit can be acquired would be recovered through fleet charges to THI. The purchase price of a new material handler bucket truck is approximately $325,000 and could be funded from reserves of $266,300 and the balance of $98,700 could be debentured or alternative funding considered in the 2014 budget. APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: 22 July, 2013 Operations Darrell Eddington, Director of Finance 3 DATE: 22 July, 2013 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES Unit #66 Bucket Truck Failure OPS13-09 Dave Davis, Fleet Manager S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee APRIL 22N° 2013 Date: Attachments: NONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-09; FURTHER RESOLVE THAT Council authorize a lease at a cost of $4,700 per month for a new material handler bucket truck to replace Unit #66 and a new truck be purchased in 2013 to replace Unit #66 as per option #5 contained within Report OPS13-09. EXECUTIVE SUMMARY Structural failure of Unit #66 occurred in March 2013 and to provide repair/replacement options. HISTORY Unit #66 is a 2000 IHC Hydro material handler bucket truck which was scheduled for replacement and deferred for budgetary reasons. During 2013 budget deliberations staff expected the life expectancy of the vehicle could be extended through an investment of maintenance and repair dollars. This unit has suffered a chassis frame failure on the left side as a result of rust jacking and as such has been removed from service for safety reasons. Staff was not aware of the severity of the condition at the time of budget deliberations. Options to remedy the situation include: replacing the frame and frame components on the existing unit: replacing the unit with a used or demo unit; and replacing the unit with a new unit. CAO with a hybrid package and are usually very minimal in size with regards to body configurations and compartments and would not likely meet our current build specifications. PosiPius currently has a 2011, 55' material handler for $260,000 with a 3 month warranty on the aerial and no warranty on the chassis. Wajax has no demo units available at this time but could supply units from the United States which would require additional costs. to meet Canadian safety standards. Altec has been contacted and has not yet supplied pricing and availability on their demo units. Based on the currently available information, replacing the Town unit with a demo unit is not recommended at this time Option 3: Purchasing a used unit. Used units meeting all necessary inspection, safety and high voltage operating environment condition requirements are currently unavailable both at the dealers and on the used vehicle markets. Used units that staff have been able to previously source failed to meet stability and high voltage certification requirements for use in our operation. Used units run the risk of an unknown usage and maintenance history and may pose a risk of mechanical failure and unknown continued life expectancy and is not a recommended option at this time. Option 4: Lease and plan for the future purchase of a new unit. This option would be to purchase a new unit to meet our specifications. A new unit would offer the best long term solution with the lowest possible maintenance costs. The unit would be purpose built for the job task requirements while meeting all current safety and inspection certification requirements and would have the longest lifecycle of any of the other options. Options to fund a replacement unit within the current 2013 budget are limited and to present an option that would require debt or taxation increases in the current budget is not desirable. Staff would pursue the following under this option: 1) Short term rental or lease for the remainder of 2013 at which time the replacement unit can be addressed during the 2014 budget process. Rental payments of $4,700 per month for the remainder of 2013 totaling $43,000 and an estimated $30,000 to $40,000 in 2014 until new unit delivery would be recouped from THI through increased Fleet charges resulting in no significant variance to the Town Fleet operating budget in 2013 or 2014. Total rental charges to be recovered from THI would be in the $75 -$80,000 dollar range and further discussion with THI would be required. 3 CAO APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: April 12, 2013 Operations Darrell Eddington, Director of Finance 5 DATE: April 12, 2013 CAO STAFF REPORT OPERATIONS SERVICES Title: Unit #66 Material Handler (Bucket Truck) -Supplementary Report Report No.: OPS 13-14 Author: Dave Davis, Fleet Manager S.T.Lund, P.Eng., PWLF, Director of Operations Meeting Type: COUNCIL MEETING Council/Committee 12 AUGUST, 2013 Date: Attachments: ONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-14 Unit #66 Material Handler- Supplementary Report as information; FURTHER RESOLVE THAT Council approves the proposed lease; FURTHER RESOLVE THAT a new truck be purchased in 2013 to replace Unit #66 as per option #5 contained within Report OPS13-09. EXECUTIVE SUMMARY On-going efforts to source a short term economical replacement for Unit #66 opened dialogue with Erie Thames Powerlines(ERTH) and a possible short term solution. ERTH has offered to lease, with a possibility to purchase outright, a 1997 Freightliner FL80 equipped with a PosiPius 50' material handler, dual bucket boom. On the long term and in the absence of a viable option to provide equipment necessary to maintain service levels, staff recommends to replace material handler #66 which has a 14 month delivery time. The ERTH truck will provide an adequate short term replacement in the meantime. HISTORY Council received report OPS13-09 -Unit#66 Bucket Truck Failure report at their April 22 meeting (attached). Direction to staff was given to present the issue to the Tillsonburg Hydro Inc. board at their April 24th meeting which received the staff report. In addition, recent communication between Town staff and Erie Thames Powerlines (ERTH) has revealed an opportunity has been to rent a 1997 ERTH Material Handler truck. It should be noted staff have contacted the following; PosiPius, Wajax Manufacturing and Altec Industries, Hydro One, London Hydro, Ascent, St. Thomas Hydro and Bluewater Hydro with no viable short term solution to date. CAO While this unit would meet the immediate needs of THI, it should not be considered a long term solution to replace Unit #66. The ERTH unit is 15 years old and was scheduled for replacement by ERTH in their 2014 budget. Expecting this unit to remain in service longer than 1 year to 18 months is not recommended and a permanent long term replacement unit should still be sought in the current budget. Noting that the timeframe required to research and create a tender specification as well as allowing for vender response and build time required to fabricate a new unit, it is recommended that Council also authorize staff to immediately move forward with a tender specification and receive firm pricing on a new unit for the 2014 budget FINANCIAL IMPACT /FUNDING SOURCE Lease costs of $200 per month for approximately 14 -18 months until a new unit can be acquired would be recovered through fleet charges to THI. The purchase price of a new material handler bucket truck is approximately $325,000 and could be funded from reserves of $226,300 and the balance of $98,700 could be debentured or alternative funding considered in the 2014 budget. APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: 22luly, 2013 Operations Darrell Eddington, Director of Finance 3 DATE: 22 July, 2013 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES Unit #66 Bucket Truck Failure OPS13-09 Dave Davis, Fleet Manager S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee APRIL 22N° 2013 Date: Attachments: NONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-09; FURTHER RESOLVE THAT Council authorize a lease at a cost of $4,700 per month for a new material handler bucket truck to replace Unit #66 and a new truck be purchased in 2013 to replace Unit #66 as per option #5 contained within Report OPS13-09. EXECUTIVE SUMMARY Structural failure of Unit #66 occurred in March 2013 and to provide repair/replacement options. HISTORY Unit #66 is a 2000 IHC Hydro material handler bucket truck which was scheduled for replacement and deferred for budgetary reasons. During 2013 budget deliberations staff expected the life expectancy of the vehicle could be extended through an investment of maintenance and repair dollars. This unit has suffered a chassis frame failure on the left side as a result of rust jacking and as such has been removed from service for safety reasons. Staff was not aware of the severity of the condition at the time of budget deliberations. Options to remedy the situation include: replacing the frame and frame components on the existing unit: replacing the unit with a used or demo unit; and replacing the unit with a new unit. CAO with a hybrid package and are usually very minimal in size with regards to body configurations and compartments and would not likely meet our current build specifications. PosiPius currently has a 2011, 55' material handler for $260,000 with a 3 month warranty on the aerial and no warranty on the chassis. Wajax has no demo units available at this time but could supply units from the United States which would require additional costs to meet Canadian safety standards. Altec has been contacted and has not yet supplied pricing and availability on their demo units. Based on the currently available information, replacing the Town unit with a demo unit is not recommended at this time Option 3: Purchasing a used unit. Used units meeting all necessary inspection, safety and high voltage operating environment condition requirements are currently unavailable both at the dealers and on the used vehicle markets. Used units that staff have been able to previously source failed to meet stability and high voltage certification requirements for use in our operation. Used units run the risk of an unknown usage and maintenance history and may pose a risk of mechanical failure and unknown continued life expectancy and is not a recommended option at this time. Option 4: Lease and plan for the future purchase of a new unit. This option would be to purchase a new unit to meet our specifications. A new unit would offer the best long term solution with the lowest possible maintenance costs. The unit would be purpose built for the job task requirements while meeting all current safety and inspection certification requirements and would have the longest lifecycle of any of the other options. Options to fund a replacement unit within the current 201"3 budget are limited and to present an option that would require debt or taxation increases in the current budget is not desirable. Staff would pursue the following under this option: 1) Short term rental or lease for the remainder of 2013 at which time the replacement unit can be addressed during the 2014 budget process. Rental payments of $4,700 per month for the remainder of 2013 totaling $43,000 and an estimated $30,000 to $40,000 in 2014 until new unit delivery would be recouped from THI through increased Fleet charges resulting in no significant variance to the Town Fleet operating budget in 2013 or 2014. Total rental charges to be recovered from THI would be in the $75 -$80,000 dollar range and further discussion with THI would be required. 3 CAO APPROVALS Director Name/Signature Finance Name/Signature S.T.Lund, P.Eng., PWLF, Director of DATE: April 12, 2013 Operations Darrell Eddington, Director of Finance 5 DATE: April 12, 2013 CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Overnight Parking Report OPS13-20 Randy Vince, CRS-1, Roads Manager Kathleen Musselman, Bylaw Enforcement Officer S.T.Lund, P.Eng, PWLF, Director of Operations COUNCIL MEETING AUGUST 12TH, 2013 ONE RESOLVED THAT Council receive report OPS13-20 Overnight Parking Report as information. Optional RESOLVED THAT overnight parking be restricted only on arterial and collector roads from 2am to 6am, November 15th to March 31st. Optional RESOLVED THAT the Town implement a Winter Emergency System as contained within Report OPS13-20. EXECUTIVE SUMMARY Town Council at their meeting of May 13th, 2013, passed a notice of motion for staff to review traffic bylaw 3701 in regards to the overnight parking restriction as follows: MOTIONS 30. NOTICE OF MOTION FOR WHICH PREVIOUS MOTION WAS GIVEN Proposed Resolution No. 22: Moved By: Councillor Klein Seconded By: Councillor Beres Chart 2 OVERNIGHT PARKING RESTRICTION MUNICIPALITY Date Hours Tillsonburg (previous) Oct. 15 -Apr. 30 2 am-7 am Tillsonburg (existing) Nov. 15 -Mar. 31 2 am-6 am Aylmer Nov. 15-Apr. 15 2 am-6 am St. Thomas Nov. 15-Mar. 15 3 am-5 am Woodstock Dec. 1 -Mar. 31 2 am-6 am Kitchener Dec. 1 -Mar. 31 2:30am-6 am Ingersoll Dec. 31 -Mar. 31 2 am-6 am Stratford All Year 2 am-6 am The minimum maintenance standards require Class 2 roadways to be cleared curb to curb within 6 hours of a major snowfall. While most Class 2 roadways in the Town are currently posted no stopping or parking there are some exceptions that need to be reviewed. Comments from Roads OPerations The main reason for Operations to have the overnight restriction is to give Public Works four hours in the fall and winter mornings to clear and clean as many of the streets curb to curb without having to go around vehicles especially when involved in an "early staff call in". In addition, there is a regulatory requirement for class 2 roadways, eg. Broadway, Oxford and Simcoe Street. A bylaw could be based on arterial, collector and priority routes but staff feel this will be difficult to communicate to residents and out of town visitors without proper signage. In addition, it will be difficult for most people to understand since they do not know the road classification system. In order to effectively communicate, streets would have to be signed in the field to ensure the public understand which streets are affected by overnight parking restrictions vs. general entrance signing to the town. Currently, with vehicles off the streets, this saves staff time by not having to return and either sweep or plow. Since traffic is off the street at that time of morning, it makes it safer to plow due to the drivers not having to rely on the lighting of the trucks for clearance when cars are covered in snow. The current restriction has helped lower the claims due to accidental damage of hitting vehicles and complaints of residents having vehicles plowed in with snow (especially wet heavy snow). Page 3 I 6 CAO Staff have found that even if they can get around abandoned cars when doing a snow lift, the blower has so much force when blowing, the chances of material blowing over or off the plough hitting parked vehicles which could result in insurance claims, which are currently avoided due to the current traffic bylaw parking restriction. On this basis, staff would not recommend to change parking on Broadway since it is an arterial street. Arterial/ Collector Restriction A compromise between the current bylaw and no restrictions would be to restrict parking on arterial and collector streets as these are the streets the Town is required to service by regulation first. Since staff normally don't respond to local streets until after 7am, except in peak snow and ice times when an early call in is involved, there would be more opportunity for the public to utilize parking on streets during non winter events. Some of the higher volume streets currently have year round restrictions, so it would be a matter of additional signage to restrict overnight parking on arterial and collector streets where it is allowed as per the current bylaw. Staff estimate approximately 200 signs (see attached) would need to be installed valued at $20,000. This would ensure our vital routes are given every opportunity to be maintained to the required level of service. Local streets, however, will experience service issues including narrow travelled portion, longer response times and bylaw related issues as described below. Bylaw Issues: Currently, if a vehicle parks during the bylaws overnight restriction they are ticketed and fined ($20). Staff do not tow vehicles for violating this provision of the bylaw. Towing would generally apply to derelict vehicles. Residents concerned about not being able to park on street during the winter, generally have the room which can include their garage. Permits are available at no cost at the Customer Service Centre for relief from the overnight parking restriction for visitors and special occasions. Fifteen permits were issued in 2012. The overnight parking restriction was introduced in 2002 at which time other municipalities followed suit due to similar problems they were encountering. If the Town were to remove the restrictions now, it will go back to creating traffic congestion and bylaw related issues on our streets. Regarding the parking of vehicles in the core area, the Town had problems getting emergency vehicles in and out due to overcrowded parking issues. Since implementing the overnight on street parking restriction, emergency vehicles experience better response times. If the overnight parking restriction were lifted, this increases chances of cars being left on the road for days at a time, which results in concerns due to the fact people feel they don't have the use of parking in front of their own property. Since the restriction was implemented, the complaints have dropped to half the amount. The overnight parking restriction assist's police in locating stolen vehicles left on street since parked vehicles are generally off street leaving parking violators and stolen vehicles more visible. Page 5 I 6 CAO NOV 15-MAR 31 2:00AM-6:00AM STAFF REPORT OPERATIONS SERVICES Title: Station Arts Centre-Proposed Electronic Recycling Depot Report No.: OPS 13-22 Author: Peter Y.T.Fung, P.Eng., Manager of Engineering Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: LETTER FROM STATION ARTS AND LOCATION MAP RECOMMENDATIONS RESOLVED THAT Council receive Report OPS 13-22; FURTHER RESOLVE THAT Council endorse the proposed Electronics Recycling Depot and provide a Letter of Support to the Ontario Electronic Stewardship; FURTHER RESOLVE THAT Council approve the Station Arts Centre to set up a Electronics Recycling Depot on Municipal Parking Lot 6B. EXECUTIVE SUMMARY The Town has received a letter from Deb Beard , General Manager, Station Arts Centre requesting the Town prepare a Letter of Support to the Ontario Electronic Stewardship (OES) to set up an Electronics Recycling Depot on a municipal parking space at the west end of parking lot 6B which is under utilized at the present time. COMMENTS The Station Arts Centre contacted the Ministry of Environment (MOE) and indicate there are no issues. Town staff confirmed with the MOE London Regional Office and the Waste Management Section in Toronto that the request was allowable as per Environmental Protection Act. R.R.O . 1990, Regulation 347. Waste electrical and electronic equipment depots do not require approval as they are considered a recyclable material rather than a waste. The Depot must be monitored when receiving the electronic equipment so that no other materials are received. Oxford County planning confirms there are no planning and zoning requirements/ approvals regarding placement of this centre. CAO 94 FIGURE7 OFFICIAL MAP MUNICIPAL PARKING LOT MAP GOitltOita.¥1011 01' .... WO'WM OJI ... &80118URCI ....................... I ' I STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: 2014 AIRSHOW Report No.: DCS 13-64 Author: CEPHAS PANSCHOW Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVE THAT Council receive Report DCS 13-64 2014 Airshow for information purposes. EXECUTIVE SUMMARY In light of the success experienced with the two airshows held in 2012, the Airshow Committee has been working towards planning another airshow in 2014. The plan is to hold an airshow every two years alternating with the Great Lakes International Airshow, which is held at the StThomas Airport. In holding an airshow, there are items that need to be addressed as follows: • Weather • Insurance • Budget/Sponsorship • Long Term Financial Sustainability • Legacy One of the risks in hosting an airshow is bad weather as adverse weather conditions can reduce or eliminate any revenue from ticket sales. The Committee is well aware of this risk and is planning ways to mitigate the potential impact of rain or other weather events. One way to do this is to focus on advance ticket sales and events. In terms of advance tickets sales, although they were available for the 2012 airshows, the opportunity to purchase in advance was not marketed fully. If the committee is successful in selling more advance tickets then some revenue will be secured. Finance Name/Signature DATE: STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Southern Ontario Marketing Alliance (SOMA) Report No.: DCS 13-10 Author: David Samis Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-10 Southern Ontario Marketing Alliance (SOMA) Report; AND THAT Staff implement the following recommendations: • Advise SOMA that the municipality will take up to an additional two year leave from SOMA. • Maintain the $20,000 SOMA Membership fee in reserve for the purposes of economic development. • Direct staff to report to Council by the first Council meeting in November 2013 the following: o what other options may exist to address the scope of work that SOMA addresses; o to assess what regional alliances may exist if any to accomplish the same focus as SOMA; and o report on meetings with SOMA and if a change could occur in their structure or to create alliances. EXECUTIVE SUMMARY In July of 2003, Town of Tillson burg Municipal Council passed a by-law to authorize a Shareholders' Agreement with the Southwestern Ontario Marketing Alliance (SOMA). D CAO To date, Tillsonburg has not had any investments from SOMA leads that have been generated, but the community has been on the short list of a few companies (3 -4 Japanese suppliers that ended up in the region, Takumi -went to StThomas, Sanyo when they were contemplated a solar panel plant). What is the reporting models to the member municipalities? All reporting is through the economic development staff of the corresponding member. In the past, monthly updates to the Economic Development Advisory Committee were also provided, but this was stopped with the creation of the new Development Committee. Due to issues raised in 2012 by the Tillsonburg CAO and materials presented from the Development Committee, a revised reporting structure was created which resulted in regular e -blasts being sent out to the Board of Directors, Mayors and CAO's to keep everyone coordinated and informed on important dates, ongoing activities and anything Mayors should have a knowledge base on. How are things done -are they by by-law? Minutes are kept and approved as per the SOMA Bylaw attached. How is the organization structured? SOMA has a flat structure with only Directors and an executive comprised of the president, Treasurer and Secretary. What voting rights does Tillsonburg have? Each member has voting rights. Tillsonburg holds one voting right, similar to Ingersoll and Alymer. Woodstock, Stratford and St. Thomas, each hold two voting rights. Is there a strategic plan? SOMA was created through an initial strategic plan that identified the rationale for the communities to work together. Subsequently, there have been a number of specific sector strategies (auto, renewable, food processing, etc) that provide guidance on how to proceed with respect to activities. Nothing has been done recently to be in-line with the Province, regional groups or strategies. How does SOMA decide on what activities they will support such as tradeshows etc.? 3 CAO Does Tillsonburg need to have a presence internationally for Economic Development? Yes in partnership with other groups and bodies. Within Oxford County what funds and efforts exist for Economic Development? SCOR (South Central Ontario Region) -$35,000 -paid by County Oxford Connection -$25,000 -paid by County Tourism Oxford -$150,000 -paid by County SWEA (South-west Economic Alliance) -$5,000 paid by County Local Municipal Economic Development and Tourism Efforts -???? Does SOMA have any full-time staff compliments? No, the work is undertaken by the partner municipalities. Are there opportunities to combine efforts and define roles between, SCOR, SOMA and SWEA? Yes, roles need to be defined and collaboration occur. What are the next steps that need to be examined with regards to economic development partnerships? • Meet with Economic Development in the County and Tourism Staff, SOMA President, SCOR Staff and determine what synergies may exist to define relationships and develop a strategy and focus for economic development efforts. How would the municipality withdraw from SOMA? For Tillsonburg to resign would be pursuant to section 7.01.1 of the attached agreement, which allows a shareholder to sell all of its shares to the Corporation. This section is triggered by written notice to the Corporation, and is mandatory. If this option is triggered, section 8.0 sets out the requirements that must be fulfilled (within) 5 days after giving notice. Which requires the following: 1. Deliver to the Corporation, signed resignation of the Selling Shareholder; 2. Assign and transfer to the Corporation the Selling Shareholder's Shares and deliver the required share certificates duly endorsed; 3. Deliver good and marketable title free of any encumbrances, claims and liens; 4. Deliver to the Corporation a release of any claims and liens against the Corporation; and 5. Deliver to the Corporation a release of any claims by it's Directors and Officers. Generally there is a great deal of experience and literature with regards to regional economic development groups having great success. Models such as the Greater Toronto Marketing Alliance -GTMA, CTT (Canada's Technology Triangle should be examined, 5 CAO The Corporation of the Town of Tillsonburg July 31, 2013 To: Mayor Lessif & Tillsonburg Town Council RE: Development Committee Resolution-Report DCS 13-10, Southern Ontario Marketing Alliance Please be advised that at its meeting of July 11, 2013, the Development Committee passed the following resolution: "RESOLVE THAT the Committee supports the recommendations contained within Report DCS 13-10, Southern Ontario Marketing Alliance {SOMA)." If you have any questions, please contact me at 688-3009 Ext. 3221. Regards, CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A 7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Encroachment Agreements Report No.: DCS 13-51 Author: DAVID SAMIS Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: ENCROACHMENT AGREEMENT, POLICY AND PROCEDURE RECOMMENDATION RESOLVE THAT Council receives Report DCS 13-51, Encroachments Agreements; FURTHER RESOLVE THAT Council approve the form of encroachment agreement and encroachment and procedure as attached to Report DCS 13-51; and FURTHER RESOLVE THAT Council direct the Clerk to amend the Rates and Fees By- Law to incorporate the effective fee. EXECUTIVE SUMMARY The purpose of this report is to formalize an encroachment policy and procedure in order to ensure property authority is exercised for the provision of encroachments onto municipal property. It has come to the CAO's attention that there is no policy or land use agreement being used in the Town of Tillsonburg for the granting of use of municipal property where a structure or object is infringing on Town property. These types of situations are called encroachments and should be addressed through the use of legal agreements called an Encroachment Agreement. These type of agreements protect the Town's land assets from claims of permanent ownership by a third party and ensures the lands remain in the control of the municipality yet provides for small inadvertent encroachments to remain. detailing steps and controls to manage processes and agreements for encroachments and parking. The Encroachment on Municipal Property Policy as attached as Appendix A (the "Policy") establishes terms and conditions upon which the Municipality may entertain encroachment in, on, under or above Municipal Property. The employed to obtain comments from internal and external departments and agencies. Types of encroachments that are generally permitted include but are not limited to such instances as: awnings, porches, garages, decks, signs, steps, wheelchair ramps and other accessibility features. In the event that an encroachment exists but is unauthorized or without a formal agreement, DCS staff will engage Municipal Law Enforcement to determine the most appropriate action and in most instances, up to the passage of this policy, will be determined to be non-conforming. FINANCIAL IMPACT /FUNDING SOURCE Currently a nominal fee is collected which does not cover the staff or potential legal costs of the application. A one-time fee for the utilization of the encroachments process should be $1,000.00. This fee is not uncommon among municipalities and will assist staff in recovering the costs associated with the administration of time, effort and legal review. As well a yearly fee of $2.00 is collected as rental arrangement for the subject lands. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature DAVID SAMIS David Samis JUNE 27 2013 DATE: June 27, 2013 DATE: THIS AGREEMENT made this ... day of .................... , 2013 BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter called the "Town" OF THE FIRST PART; -and- Hereinafter called the "Encroaching Party" OF THE SECOND PART; WHEREAS the Encroaching Party proposes to XXXXXXXXX, as indicated on the drawings that have been attached as Schedule "A" (the "Encroachment"); AND WHEREAS the purpose of the Encroachment is to XXXXXXXXX; NOW THEREFORE this Agreement witnesseth that in consideration of the premises and the sum of TWO ($2.00) DOLLARS of lawful money of Canada now paid by the Encroaching Party to the Town, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. The parties hereto confirm the accuracy and truth of the foregoing recitals. 2. The Town agrees to permit the Encroachment, subject to the terms and conditions of this Agreement. 3. The term of this Agreement shall be from [date] to [date] (the "Term"), unless otherwise terminated in accordance with this Agreement. At the expiration of the Term, the Encroachment shall be immediately removed by the Encroaching Party, at the Encroaching Party's sole cost, and the Town's property on which the Encroachment was located shall be put in the same condition as it existed prior to the Encroachment by the Encroaching Party or as directed by the Town, acting reasonably. 4. The Encroaching Party agrees to pay to the Town, upon its execution of this Agreement, a licence fee for the Encroachment in the amount of one thousand dollars ($1 ,000.00). 5. The Encroaching Party agrees that if the Encroachment is removed or otherwise altered by the Encroaching Party, or by a third party, at any time, without the express written consent of the Town, the Encroaching Party's rights under this Agreement shall be immediately terminated. 9647235.3 14. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties. There are no warranties, representations or other agreements in connection with the subject matter of this Agreement except as specifically set forth herein. IN WITNESS WHEREOF the parties have executed this Agreement. SIGNED, SEALED and DELIVERED in the presence of Witness Witness 9647235.3 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [insert relevant information] [insert relevant information] [insert relevant information] THE CORPORATION OF THE TOWN OF TILLSONBURG per:. _____________ _ John Lessif, Mayor per: _____________ _ Donna Wilson, Clerk 1/W e have the authority to bind the Corporation. Encroachments on Municipal Property Policy 1. Introduction The purpose of this policy is to establish a written process for the consideration of requests for encroachments in, on, above or under municipal Property and subsequent approval and management of encroachment agreements ("Encroachment Agreements") approved under the Policy. 2. Definitions "Areaway" means an open subsurface space adjacent to a building used to admit light and air or as a means of access to underground storage space. "Municipality" means the Town of Tillson burg. "Municipal Authority" means the Department of Development and Communication Services or such other Municipal department, division, group, section, official or person(s) designated from time to time by Council to act on the Municipality's behalf. "Municipal Property" means a road allowance, park, cemetery, open space or any property owned or managed by the Municipality. "Commenting Agency" means an agency (either internal and external) that is circulated for comments on Encroachment applications. "Encroachment" means an improvement, such as a building, structure, parking, planted area or outdoor boulevard cafe, made to Municipal Property that is located entirely or partly in, on, under or above the Municipality's Property authorized by an Encroachment Agreement. "Fence" means: a) a railing, wall, line of posts, wire, gate, boards, pickets, latticework, or any combination thereof, or other similar erection for the purposes of enclosing or providing privacy; and, b) a hedge or grouping of shrubs used for the purposes listed in subsection (a). "Landscaping" means a natural vegetation area, garden, constructed area such as a pathway, retaining wall, and decorative rock (save and except Fences and Trees). "Owner" means the legal registered owner of property that abuts Municipal Property. 1. Property owners may submit a request for an encroachment in, on, under or above Municipal property, for consideration by the Municipality. Requests must be made in writing and accompanied by the appropriate fee set out in the Encroachment Procedure, as amended from time to time. 2. The Municipality may enter into an Encroachment Agreement where it has been determined that the health and safety of the public is not in jeopardy, where it is in the public's best interest and where it is minor in nature, including but not limited to such instances as: i) awnings ii) Landscaping iii) outdoor boulevard cafe iv) out swinging door v) paving to replace Landscaping to minimize maintenance purposes only and where no vehicular movement is permitted vi) porch or deck vii) sign (where not otherwise prohibited) viii) steps ix) Street Furniture (where not otherwise authorized) xi) wheelchair ramps and other accessibility features xii) parking areas. 3. The Municipality generally will not enter into an Encroachment Agreement where it has been determined that the health and safety risk of the public is in jeopardy, where it is not in the public's best interest, where it is not minor in nature or other non-permitted instances including but not limited to such instances as: i) Areaway ii) Fences iii) open spaces iv) public unassumed alleys v) Refreshment Vehicle vi) Temporary Encumbrances 4. Applicants will be advised in writing of the Municipality's decision. Requests for reconsideration of a decision may be submitted in writing to the Director of Development and Communication Services or his/her designate and must be received within 60 days of the original decision. Such requests shall include any additional information supporting the request for reconsideration. Where concerns are identified by Municipal staff or commenting agencies, those concerns may be presented to Council for direction. Encroachment Application Evaluation Process Approve Refuse -Conforms with Encroachment Policy -The health and safety of the -Meets Municipal guidelines public is not in jeopardy -Approval from Commenting Agencies -It is not in the public's best interest -Is not minor in nature -Negative internal or external feedback that cannot be resolved Where concerns are identified by Municipal staff or commenting agencies, those concerns may be _I> resented to Council for direction. 7. If the application is denied: a) Notify applicant by letter b) Inform Municipal Law Enforcement for potential enforcement 8. If the application is approved: a) Encroachment Agreement sent to applicant and/or agent to be completed by the applicant/agent or their solicitor b) A survey showing all dimensions may be required this is paid at the applicant's expense. c) Insurance as part of the agreement an applicant may be required to obtain liability insurance that names the Town of Tillsonburg as a 3rd Party Insured on the policy. d) Staff may elect to have the encroachment agreement registered through the Land Registry system on title. e) 3 original copies of signed agreements returned to staff with cheque for the first year annual fee f) Complete memo for Municipal Clerk and have Municipal Clerk and Mayor sign the 3 originals and return to Staff g) Staff keeps one original for file h) 2 originals sent back to applicant and/or agent for solicitor to register i) Applicant's solicitor registers agreement on title at Land Registry where one copy is retained and original agreement or notice of registration is sent to Staff j) Staff notifies Accounts Receivable of each new encroachment agreement and annual user fee to be added to the tax roll. k) If Encroachment is condition of approval from other Municipality department (i.e. Building permit, site plan approval, Community Improvement Plan Program, Committee of Adjustment) appropriate Staff are notified that the encroachment agreement is registered and condition is met I) Original is sent to Municipal Clerk for official records keeping m) File is retained in accordance with by-law retention. 9. If the application is approved: -Negative internal or external feedback that cannot be resolved Where concerns are identified by Municipal staff or commenting agencies, those concerns may be presented to Council. a) Encroachment Agreement sent to applicant and/or agent to be completed by the applicant/agent or their solicitor b) 3 original copies of signed agreements returned to Staff c) Complete memo for Municipal Clerk and have Municipal Clerk and mayor sign the 3 originals and return to Staff d) Staff keeps one original for file e) 2 originals sent back to applicant and/or agent for solicitor to register f) Applicant's solicitor registers agreement on title at Land Registry where one copy is retained and original agreement or notice of registration is sent to Staff g) Staff notifies Alcohol and Gaming Commission of Ontario (AGCO) where a liquor license is involved h) Staff provides applicant with a plaque to be fastened on the outside of the building authorizing use of Municipal Property i) Staff notifies Accounts Receivable of each new Encroachment Agreement to be added to the tax roll. j) If encroachment is condition of approval from other Municipal department (i.e. Building permit, site plan approval, Community Improvement Plan Program, Committee of Adjustment) appropriate Staff are notified that the encroachment agreement is registered and condition is met k) Original is sent to Municipal Clerk for safekeeping I) File is retained in accordance with the records retention by-law. 5. Outdoor Boulevard Cafe Discharge Process PROCEDURE 1. Same process as #3 -Encroachment Discharge Process 2. With the addition of: Staff notifies Alcohol and Gaming Commission of Ontario (AGCO) that the Encroachment Agreement for the Outdoor Boulevard Cafe has been discharged, if applicable "Town" shall mean the geographical area of the Town of Tillson burg. "Municipality" shall mean The Municipality of the Town of Tillsonburg. "Council" shall mean the Municipal Council of the Town of Tillsonburg. "Driveway" shall mean the physically designated area lying between the roadway and the lot line on the boulevard and between the lot line and the parking area on the lot used primarily for vehicular ingress from the roadway to the private property or for vehicular egress from the property to the roadway. "Front Yard" shall mean those lands extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot. "Owner" shall mean any property owner or his authorized agent who applies to the Municipality for permission to park on a portion of the Municipality's boulevard. "Parking Area" shall mean that area which, in whole or part uses the front yard and/or boulevard for the temporary parking of motor vehicles accessory to a permitted use. "Roadway" shall mean the part· of a highway that is improved, designated or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term "Roadway" refers to any one road way separately and not to all the roadways collectively. 3.0 CRITERIA FOR CONSIDERATION OF EXCEPTIONS 3.1 Suitable Alternatives The approval of front yard or boulevard parking will not be supported by Council where a suitable alternative exists for parking entirely on the owner's property, as described in one or more of the following situations: (a) Tandem parking is available in a legal existing driveway when the land use is single detached dwellings; (b) The use of rear service lanes is possible where such lanes are accessible and in use by more than one property owner; (c) The removal of, alteration to or relocation of accessory buildings or structures, fences and landscaping will result in the accommodation of parking entirely on the owner's property; and/or (d) The side and/or rear yard of the lot can be used for a parking area, provided such parking area does not occupy more than 25% of the total lot area. 4.0 EXCEPTION POSSIBILITIES 4.1 Where the parking area is entirely in the front yard of private lands, an application to the Committee of Adjustment for a minor variance to the Zoning By- law is required. No Boulevard Parking Agreement is required for part of a driveway leading to a legal on-site parking space. 4.2 When any part of the parking area can be accommodated on private lands, this too requires an application to the Committee of Adjustment for a minor variance to the applicable Zoning By-law. In addition, as a condition of minor variance approval, the owner must enter into a Standard Form Boulevard Parking Agreement with the Municipality. The final approval of the minor variance will allow the Clerk to prepare an agreement between the Municipality and the applicant without further approvals. 4.3 Where the parking area can only be accommodated entirely on the public boulevard, an application to Council, through the Department of Development and Communication services for boulevard parking is required. The Department will prepare and present a report to Council at a public meeting. Council will then recommend approval or refusal of the application to the Council for the final decision. 5.0 PROCESS FOR CONSIDERATION OF EXCEPTIONS TO FRONT YARD AND BOULEVARD PARKING The decision to grant front yard and/or boulevard parking is based on a process which includes comments from the applicant, municipal staff, neighbouring property owners, and the public. This approach recognizes the standards set out in Section 3 of this policy and the municipal zoning by-law and the possibility of unique neighbourhood expectations about the parking area. 5.1 The application fees for both a minor variance and a boulevard parking agreement are set in the Rates and Fess By-law as amended from time to time. All application fees are non-refundable. Where the exception involves a boulevard parking agreement, the applicant must also provide the Development Technician with a cheque payable to the Minister of Finance of Ontario to cover the costs for the registration of the agreement on title through a by-law instrument. 5.2 Any application for front yard and boulevard parking must include a plan prepared to scale showing the location of the buildings, trees, public utilities, landscaping, adjoining properties and building locations where possible and the dimensions of the proposed parking area. This plan must be suitable for inclusion in the Standard Form Boulevard Parking Agreement to be entered into between the owner and the Municipality. It is strongly recommended that the plan be based on a survey drawing of the property because it is the responsibility of the owner to ensure that there are no encroachments onto adjacent properties. 7.0 CONSTRUCTION OF THE PARKING AREA -7.1 The removal of a curb is to be done by municipal forces at the owner's expense after a curb cut permit is obtained from the Manager of Engineering. Paving, removal of trees and relocation of utilities, or any other construction work is to be arranged by the owner through the affected Department, utility or agency, at the owner's expense, on the understanding that the approval of the Manager of Engineering must be obtained before commencement of any construction work that is required. 7.2 In the event that trees or utilities must be removed or relocated, written approval must be obtained by the owner from the appropriate authority before the application will be processed. 8.0 FRONT YARD AND BOULEVARD PARKING ENFORCEMENT 8.1 Parking on the boulevard or in the front yard shall not begin: (1) In the case of parking under a boulevard parking agreement, until the Clerk has completed registration of the by-law/boulevard parking agreement instrument in the Registry Office, or (2) In the case of parking under a minor variance, until the decision of the Committee of Adjustment (or of the Ontario Municipal Board where there is an appeal) is final. 8.2 Violations of any of the provisions of any by-law with respect to front yard and boulevard parking shall be enforced at the discretion of the municipal enforcement agencies. 8.3 In situations where a decision is reached not to approve front yard or boulevard parking, the Manager of Engineering may close illegal accesses with proper curbing and restore the appearance of the area as a proper boulevard at the expense of the offending property owner. 8.4 Where no boulevard parking agreement has been finalized on the basis outlined in paragraph 6.2 of this policy, the Municipality reserves the right to erect, temporarily, any obstacles necessary to prevent the use of the boulevard for parking, and, at the same time, the Clerk may recommend to Council that the original approval for such owner's agreement to park on the boulevard be rescinded. STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Municipal Access Agreements Report No.: DCS 13-52 Author: DAVID SAMIS Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: AGREEMENT RECOMMENDATION THAT Council receives Report DCS 13-52; AND THAT Council approve the use of the attached agreement template. EXECUTIVE SUMMARY Recently a Telecom Company approached the municipality to enter into a municipal access agreement for work in the right-of-way. In the past staff were presented via the larger telecom companies with their own company agreements, but upon advice from external legal advice, the municipality should adopt a local customize agreement for Tillsonburg, attached is a proposed agreement. BACKGROUND Utility corporations utilize the Town's road allowances for access to provide their customers with service, construct new infrastructure and maintain existing infrastructure. The Town coordinates utility access to the road allowance. Processes are designed to allow organized and efficient use of the road allowance in accordance with the Town's specifications, while respecting and recognizing the need for multiple users. The Canadian Radio and Telecommunications Commission (CRTC) and governed by the Telecommunications Act, S.C. 1993, c. 38. The Telecom Act requires that the companies obtain consent to construct from the Municipalities in which they operate. MUNICIPAL ACCESS AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND 9574161.3 MUNICIPAL ACCESS AGREEMENT This Agreement made the ____ day of ___________ , 2013. BETWEEN: The Corporation of the Town of Tillson burg (the "Municipality") -and- (the "Company") (each, a "Party" and, collectively, the "Parties") WHEREAS the Company is a "Canadian carrier" as defined in section 2 of the Telecommunications Act, S.C. 1993, c.38 ("Telecom Act") or "distribution undertaking" as defined in subsection 2(1) of the Broadcasting Act, S.C. 1991, c.11 (collectively, a "Carrier"); AND WHEREAS, in order to operate as a Carrier, the Company is required to construct, maintain and operate its plant and facilities in, on, over, under, across or along ("Within") the highways, streets, road allowances, lanes, other public places, bridges or viaducts which are under the jurisdiction of the Municipality (collectively, the "ROWs"); AND WHEREAS, pursuant to section 43 of the Telecom Act, the Company requires the Municipality's consent to construct its plant Within the ROWs; AND WHEREAS the Municipality is willing to grant the Company a non-exclusive right to access and use the ROWs, provided that such use will not unduly interfere with the public use and enjoyment of the ROWs, nor any rights or privileges previously conferred by the Municipality on Third Parties to use or access the ROWs; AND WHEREAS the Parties have agreed that it would be mutually beneficial to outline the terms and conditions pursuant under which the Municipality hereby provides its consent; NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained herein, the Parties agree and covenant with each other as follows: 9574161.3 1 (i) "Emergency" means an unforeseen situation where immediate action must be taken to preserve the environment, public health, safety or an essential service of the Parties; G) "Environmental Laws" means all Applicable Laws, existing now or in the future, relating to the environment, health and safety matters or conditions, Hazardous Substances, pollution or protection of the environment, including laws relating to: (i) on-site or off-site contamination; (ii) occupational health and safety; (iii) chemical substances or products; (iv) releases of pollutants, contaminants, chemicals or other industrial, toxic or radioactive substances or Hazardous Substances into the environment; and, (v) the use, storage or handling of Hazardous Substances; (k) "General Manager" means the Municipality's General Manager of Public Works Services or the individual designated by him or her; (I) "Hazardous Substance" means any harmful substance including, without limitation, contaminants, pollutants, dangerous substances, dangerous goods and toxic substances, as defined, judicially interpreted or identified in any Applicable Law (including the common law); (m) "Losses" means, in respect of any matter, all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a Third Party or otherwise), and for the purposes of this definition, "costs" shall mean those costs awarded in accordance with the order of a court of competent jurisdiction, the order of a board, tribunal or arbitrator or costs negotiated in the settlement of a claim or action; (n) "Municipality" means The Corporation of the Town of Tillsonburg and shall include its elected officials, officers, employees and agents; (o) "Municipal Consent" or "MC" means the written consent of the Municipality, with or without conditions, to allow the Company to perform Work Within the ROWs; 3 9574161.3 (w) "Service Drop" means a cable that, by its design, capacity and relationship to other fibre optic cables of the Company, can be reasonably considered to be for the sole purpose of connecting backbone of the Plant to not more than one individual customer or building point of presence; (x) "Third Party" means any Person that is not a party to this Agreement nor an Affiliate of either Party, and includes any Person that attaches its facilities in, on or to the Plant under an agreement with the Company; and, (y) "Work" includes any installation, removal, construction, relocation, or any alteration, adjustment, maintenance, repair or replacement of Plant, performed by the Company Within the ROWs, including the excavation, repair and restoration of the ROWs. 1.2 Industry Terms. Words having well-known technical or trade meanings within the context of municipal construction and the communications industry shall be so construed, and all listings of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires. 1.3 Headings. The division of this Agreement into Articles and Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 1.4 Number and Gender. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include both genders. 1.5 Business Days. If any payment is required to be made or other action is required to be taken pursuant to this Agreement on a day which is not a Business Day, then such payment or action shall be made or taken on the next Business Day. 1.6 Legislation. All references to statutes in this Agreement shall include amendments thereto, regulations thereof, and successor legislation thereafter. 1.7 Currency. All dollar amounts referred to in this Agreement are stated in Canadian Dollars. 1.8 Schedules. The following schedules are annexed to this Agreement and are hereby incorporated by reference into this Agreement and form part hereof: 9574161.3 Schedule A-Permits Required by the Municipality Schedule B -Form of Application Schedule C -Fees Payable by the Company 5 2.6 Condition of ROWs. The Municipality makes no representations or warranties as to the state of repair of the ROWs or the suitability or fitness of the ROWs for any business, activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an "as is, where is" basis. 3. PERMITS TO CONDUCT WORK 3.1 Permits required for all Work. Subject to Section 3.6, the Company shall not, excavate, break up or otherwise disturb the surface of any ROW for the purpose of performing its Work without first obtaining the written approval of the Municipality in the form of the applicable MC and/or a Work Permit required for the specific Work activity described in Schedule A. 3.2 Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall, prior to undertaking any Work that requires a MC in the ROW, submit the following to the General Manager for approval: (a) construction plans of the proposed Work, showing the locations of the proposed or existing Plant and specifying the boundaries of the area within the Municipality within which the Work is proposed to take place; and (b) all other relevant plans, drawings and other information as may. be normally required by the General Manager from time to time for the purposes of issuing Permits. 3.3 Applications for Permits. For each Permit required in Section 3.1, the Company shall submit to the Municipality a completed application, substantially in the form set out in Schedule 8 and including the applicable fee set out in Schedule C. Thereafter, the Municipality shall review and process the application and either issue or refuse to issue a Permit based on the following timelines: (a) for MCs, within fifteen (15) Business Days of receiving the application; and (b) for Work Permits, within five (5) Business Days of receiving the application. 3.4 Refusal to issue Permits. The Municipality may refuse to issue a Permit in accordance with Section 3.1 for any bona fide municipal purpose, including reasons of public safety and health, conflicts with existing infrastructure, proposed road construction, or the proper functioning of public services, all as identified in writing by the Municipality. 7 9574161.3 (e) the applicable Permits issued under Section 3.1. 4.2 Underground Plant. The Company shall place those portions of the Plant that cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in concrete, or as otherwise specified by the Municipality. 4.3 Stoppage of Work. The Municipality may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety, special events or any circumstances beyond its control. In such circumstances, the Municipality shall provide the Company with a verbal order and reasons to stop the Work and the Company shall cease the Work immediately. Within two (2) Business Days of the verbal order, the Municipality shall provide the Company with a written stop work order with reasons. When the reasons for the Work stoppage have been resolved, the Municipality shall advise the Company immediately that it can commence the Work. 4.4 Coordination of Work. The Company shall use its reasonable efforts to minimize the necessity for road cuts, construction and the placement of new Plant Within the ROW by coordinating its Work and sharing the use of support structures with other existing and new occupants of the ROWs. 4.5 Identification of contractors. The Company shall ensure that all of its contractors have proper identification visible on the Work site displaying the name of the Person for which they work. 4.6 Emergency contact personnel. The Company and the Municipality shall provide to each other a list of twenty-four (24) hour emergency contact personnel available at all times and shall ensure that the list is kept current. 4.7 Emergency work by Municipality. In the event of an Emergency, after having attempted to contact the Company or where such attempted contact is not practical in the opinion of the Municipality, the Municipality may take such measures as it deems necessary to re-establish a safe environment, taking reasonable precautions to protect the public and the Plant of the Company, and the Company shall pay the Municipality's reasonable and verifiable costs that are directly attributable to the Work or the presence of the Plant in the ROWs, plus an overhead equal to fifteen percent (15%) of such costs. 4.8 "As-built" drawings. Where required and requested by the Municipality, the Company shall, no later than forty-five (45) days after completion of any Work authorized under a MC, provide the General Manager with accurate "as-built" drawings, prepared in accordance with such standards as may be required by the General Manager from time to time, sufficient, for planning purposes, to accurately establish the location of the Plant installed Within the ROWs. 9 9574161.3 5.3 Warrantee of repairs. The Company warrantees its temporary repair, to the satisfaction of the Municipality, for a period of one (1) year from the date of its completion, and its final repairs for a period of three (3) years from the date of their completion. 5.4 Repairs completed by Municipality. Where the Company: (a) fails to complete a temporary repair to the satisfaction of the Municipality within seventy-two (72) hours of being notified in writing by the Municipality, or such other period as may be agreed to by the Parties; or (b) the Municipality and the Company agree that the Municipality should perform the repair; the Municipality may effect such work necessary to perform the repair and the Company shall pay the Municipality's reasonable and verifiable direct costs of performing the repair, plus an overhead equal to fifteen percent (15%) of such costs. 5.5 Replacement of damaged trees. Where any trees are damaged as a result of any Work, the Company shall pay the Municipality for the costs to rehabilitate the trees or, where the trees have suffered irreparable damage, replace the trees to the satisfaction of the Municipality or compensate the Municipality for the value of the trees. 5.6 Pavement degradation fees. At the time of applying for a permit, the Company shall pay the Municipality the pavement degradation fees set out in Schedule C based on the age and area of the pavement to be broken by the Company, as estimated by the Municipality. Once the Work has been completed, the Parties shall determine the actual area of pavement that was disturbed or broken by the Company and the final amount owed by or to the Company. 6. LOCATING FACILITIES IN ROWS 6.1 Locates. Each Party shall, at its own cost and at the request of the other Party (or its contractors or authorized agents), physically locate its respective facilities by marking the ROW using paint or other suitable identification method ("Locates"), under the following circumstances: (a) in the event of an Emergency, within two hours of receiving the request or as soon as practicably possible, following which the requesting Party will ensure that it has a representative on site (or alternatively, provide a contact number for its representative) to ensure that the area for the Locates is properly identified; and (b) in all other circumstances, within a time reasonably agreed upon by the Parties. 11 9574161.3 (d) If the Company is unable to locate its Plant using non-disruptive techniques or if further detail is required in areas where the existing Plant and proposed municipal plant will be in very close proximity, it shall deploy a day-lighting procedure to expose the Plant. The type and cost of, and the time for completing, the day-lighting procedure shall be agreed upon by the Parties prior to the Company completing same. 7. RELOCATION OF PLANT 7.1 General. Where the Municipality requires and requests the Company to undertake a Relocation for bona fide municipal purposes, including a Municipal Project where, after applying the steps in Section 6.6, the Municipality was unable to redesign the Municipal Project to avoid a conflict, the Municipality shall notify the Company in writing and, subject to Section 7.3, the Company shall, within ninety (90) days thereafter or such other time as agreed to by the Parties having regard to the schedules of the Parties and the nature of the Relocation required, perform the Relocation and any other required and associated Work. 7.2 Municipality's efforts. The Municipality will, to the best of its ability, avoid unnecessary Relocations, and will make good faith efforts to provide alternative routes for the Plant affected by the Relocation to ensure uninterrupted service to the Company's customers. The Municipality shall also provide, in a timely fashion, all Permits and approvals required to allow the Company to Relocate the Plant. 7.3 Relocation to private property. Where the Company is required to Relocate the Plant on property other than a ROW or other municipal property, then the Municipality shall: (a) provide the Company with sufficient time to procure an easement from the third party land owner; and, (b) be responsible for the costs of acquiring and registering the easement, subject to Section 7 .4. 7.4 Reimbursement by Municipality for Company's Relocation Costs. The Municipality shall reimburse the Company for all or part of its reasonable and verifiable costs of completing any Relocation requested by the Municipality (the "Relocation Costs") based upon the following principles, methodologies and procedures: (a) For Plant for which a MC was issued after the date of this Agreement, the Municipality shall pay the percentages of the Company's Relocation Costs set out in the following table: 13 9574161.3 7.6 Where Plant is located incorrectly. The Municipality shall not be responsible for the costs of relocating any portion of the Plant that is located outside a distance of one metre horizontally (center line to center line) from the location approved in the MC or as shown on the as-built composite utility drawing submitted by a developer's engineering firm. Notwithstanding the foregoing, in circumstances, where records of the approved location of the Plant are non- existent or unavailable, or where the conditions of the applicable ROW have changed materially from what was described in the MC, the Parties agree to act reasonably when sharing or allocating the associated Relocation Costs. 7.7 Work by Contractor. Where a contractor, on behalf of the Municipality, is required to complete any construction on a ROW that will disrupt the Company Plant, the Municipality shall advise the Company in writing of such and the Municipality shall reimburse the Company for its Relocation Costs in accordance with Section 7.3. 7.8 Emergency temporary Relocation. In cases of an Emergency that requires the Company to temporarily relocate the Plant, the Parties shall work co-operatively and expeditiously to complete the Relocation as soon as practicably possible; provided, however, that the Municipality may, with at least twenty-four (24) prior notice to the Company and taking reasonable precautions to protect the public and Plant of the Company, take any measures it deems necessary for reasons of public health and safety. 7.9 Relocation performed by Municipality. If the Company fails to complete the Relocation in accordance with Section 7.1 the Municipality may, at its option, complete such Relocation and the Company shall pay the Municipality's reasonable and verifiable costs of the Relocation, plus an overhead equal to fifteen percent (15%) of such costs. 7.10 Discontinuance of ROW. Where, in the opinion of the Municipality, a ROW (or any portion thereof) in which Plant is located is no longer required for use by the Municipality as such, the Municipality may cause such ROW to be discontinued, provided that: (a) if the Municipality owns the land upon which the ROW is located and does not require the Company to Relocate the Plant, it will, prior to Council approval or conveyance of the ROW, cause an easement to be registered against the property in favour of the Company; (b) if the Municipality owns the land upon which the ROW is located and does require the Company to Relocate the Plant, the Parties will, prior to Council approval or conveyance of the ROW, affect the Relocation of the Plant in accordance with Sections 7.1, 7.2 and 7.3; and 15 9574161.3 (d) A Party shall not be required to pay any late payment charges that may be attributable to any Disputed Charges. 9. REGULATORY CHANGE 9.1 Agreement may be re-negotiated. If, at any time subsequent to the Effective Date of this Agreement, the provincial or federal governments or a regulatory authority acting within its jurisdiction (including the CRTC) enacts or repeals any legislation or regulation, or orders, directs or mandates anything which affects the subject matter of this Agreement (the "Regulatory Change"), then either Party may notify the other of its intention to renegotiate the terms of this Agreement based on the Regulatory Change and, within thirty (30) days thereafter, the Parties shall enter into good faith negotiations to amend this Agreement or enter into a new agreement to reflect the Regulatory Change. 9.2 If Parties are unable to come to terms. (a) If the Parties are unable to amend this Agreement or enter into a new agreement pursuant to Section 9.1, then either Party may, within thirty (30) days prior written notice to the other Party, refer the matter to the CRTC or for arbitration for resolution. (b) Subject to this right to refer the matter, if the Parties are unable to amend this Agreement or enter into a new agreement within ninety (90) days from the date of the original notice, either Party may terminate this Agreement without further notice and the provisions of Section 10.4 shall apply. 10. TERM AND TERMINATION 10.1 Initial term and renewal. This Agreement shall have an initial term of five (5) years commencing on the Effective Date and shall be renewed automatically for successive one (1) year terms unless: (a) this Agreement is terminated by either Party in accordance with this Agreement; (b) a Party delivers notice of non-renewal to the other Party at least ninety (90) days prior to the expiration of the then current term; or (c) this Agreement is replaced by a new agreement between the Parties. 10.2 Termination by either Party. Either Party may terminate this Agreement without further obligation to the other Party, upon providing at least twenty-four (24) hours notice in the event of a breach of this Agreement by the other Party after notice thereof and failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of the notice. 17 9574161.3 11.2 Comprehensive general liability occurrence-based insurance. Without limiting the generality of the foregoing, the Company shall obtain and maintain comprehensive general liability occurrence-based insurance coverage which: (a) covers claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million Dollars ($5,000,000.00) per claim (exclusive of interest and costs) and not less than Five Million Dollars ($5,000,000.00) for products and completed operations. The required insurance limit may be composed of any combination of primary and excess liability (or 'umbrella' ) insurance policies; (b) extends to cover the contractual obligations of the Company as stated within this Agreement; (c) names the Municipality as an additional insured; and (d) contains cross liability and severability of interest clauses. 11.3 Insurance certificates. As soon as possible after the execution of this Agreement, the Company shall provide, in a form acceptable to the Municipality, the Municipality with certificates of insurance in respect of the Company Insurance evidencing the cross liability and severability clauses and confirming the Municipality as an "additional insured". Thereafter, the Company shall provide the Municipality with a certificate of insurance as evidence of all renewals of the Company Insurance in a form acceptable to the Municipality. 11.4 General insurance conditions. (a) The Company Insurance shall not be construed to, and shall in no manner, limit or restrict the Company's liability or obligations under this Agreement. (b) The Municipality shall not be liable for any premiums relating to policies under the Company Insurance. (c) The policies under the Company Insurance shall provide: (i) that they are primary insurance which will not call into contribution any other insurance available to the Municipality; (ii) a waiver for severability of interest; and (iii) that the Company Insurance shall not be cancelled, lapsed or materially changed to the detriment of the Municipality without at least thirty (30) Business Days notice to the Municipality by registered mail. 11.5 Blanket LOC. 19 9574161.3 12.3 No liability, both Parties. Notwithstanding anything else in this Agreement, neither Party shall be liable to the other Party in any way for special, incidental, indirect, consequential, exemplary or punitive damages, including damages for pure economic loss or for failure to realize expected profits, howsoever caused or contributed to, in connection with this Agreement and the performance or non- performance of its obligations hereunder. 12.4 Indemnification by Company. Except for Claims or Losses arising, in whole or in part, from the negligence or wilful misconduct of the Municipality, the Company covenants and agrees to indemnify, defend and save harmless the Municipality from and against any and all Claims or Losses that the Municipality may suffer or incur arising from: (a) the Company's exercise of any of its rights under this Agreement; (b) the Company's performance of any Work Within the ROWs and the operation or use of the Plant by the Company or any other Person; (c) the Company undertaking any activity Within the ROWs which is ancillary to the Company's exercise of its rights under this Agreement; and (d) any breach of this Agreement by the Company. 12.5 Method of indemnification. The indemnifying party shall, upon demand by the indemnified party and at its own sole risk and expense: (a) defend any and all charges, offences, prosecutions, suits, actions or other legal proceedings which may be brought or instituted against the indemnified party under a Claim to which the indemnity in Section 12.4 applies ("Proceedings"); (b) pay and satisfy any judgement or decree rendered against the indemnified party in the Proceeding; and (c) reimburse the indemnified party all of its reasonable legal expenses (on a solicitor-client basis) incurred in the Proceeding. 12.6 Indemnification by Municipality. Except for Claims or Losses arising, in whole or in part from the gross negligence or wilful misconduct of the Company, the Municipality shall defend and save harmless the Company from and against all Claims and Losses that the Company may suffer or incur arising from: (a) any damage to property (including property of the Company); or 21 9574161.3 (a) the occupation, operations or activities of the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company Within the ROWs; or (b) any Plant brought or placed Within the ROWs by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company, unless such damage was caused directly or indirectly in whole or in part by the gross negligence or wilful misconduct on the part of the Municipality or those for which it is responsible in law. 14. CONFIDENTIALITY 14.1 Protection of Company's Confidential Information. (a) The Municipality agrees not to use confidential information provided by the Company, including but not limited to information relating to the Plant and the Work, the "as-built" drawings or such other information as the Company considers to be of a competitive nature respecting the Company's customers, Plant, material and its business operations ("Confidential Information") for any purposes other than performance of this Agreement. (b) The Municipality shall protect the confidentiality of the Confidential Information to the same degree or greater as the Municipality protects the confidentiality of its own confidential information which, in any event, shall not be less than a reasonable degree of care. (c) The Municipality shall not disclose any Confidential Information to any Third Party unless such disclosure is consented to in writing by the Company or otherwise required by law and then only after the Municipality has provided written notice of such requirement to the Company. 14.2 Company's rights and remedies. The Municipality acknowledges and agrees that any breach of this provision by the Municipality may cause serious damage or injury to the Company which may not be fully or adequately compensated in damages. The Parties accordingly agree that, in addition to claiming damages, the Company may seek interim and permanent equitable relief, including without limitation interim, interlocutory or permanent injunctive relief, in the event of breach of this provision. All such rights and remedies shall be cumulative and in addition to all other rights and remedies whatsoever to which the Company may be entitled. 14.3 Agreement to be kept confidential. The Municipality is subject to the Municipal Act, 2001, S.O. 2001, c. 25, as amended, as well as the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, 23 9574161.3 If to the Municipality: The Corporation of the Town of Tillson burg 200 Broadway St, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Town Clerk If to XXXXXXX Inc. lan Stevens XXXXXXX Inc. PO Box 294 Burgessville, ON NOJ 1CO With a copy to: n/a With a copy to: n/a Any notice may also be given by prepaid registered mail mailed within the Province of Ontario and such notice shall be effective five (5) Business Days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effected by personal delivery or a facsimile transmission as stated above. 18. GENERAL 18.1 Entire agreement. This Agreement, together with the Schedules attached hereto, constitute the complete and exclusive statement of the understandings between the Parties with respect to the services hereunder and supersedes all proposals and prior agreements, oral or written, between the Parties. 18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, the Company shall, provided that it is not in material breach of this Agreement, have the right to assign this Agreement to an Affiliate without the consent of the Municipality, provided that the Company has given notice to the Municipality. 18.3 Authority to enter/perform Agreement. Each Party hereby represents and warrants to the other that it has all requisite right, power and authority to enter into and perform its obligations under this Agreement. 18.4 Parties to act reasonably. Each Party shall at all times act reasonably in the performance of its obligations and the exercise of its rights and discretion under this Agreement. 25 9574161.3 ) 18.14 Contra proferentem. This Agreement is the product of negotiations between the Municipality and the Company and their respective legal counsel, and no provisions shall be construed for or against any Party by reason of ambiguity in language, rules of construction against the draftsperson, or similar doctrine. IN WITNESS WHEREOF the Parties hereto have executed this Agreement by their duly authorized representatives. MUNICIPALITY XXXXXXX INC. John Lessif, Mayor lan Stevens, CEO Donna Wilson, Town Clerk Date 27 9574161.3 SCHEDULE 8 -Form of Application 29 9574161.3 STAFF REPORT DEVELOPMENT AND COMMUNICATIONS Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: TRAFFIC AND PARKING BY-LAW AMENDMENT - ATTORNEY GENERAL REQUEST DCS 13-54 Geno Vanhaelewyn, Chief Building Official COUNCIL MEETING JULY 8, 2013 -PARKING BY-LAW #3701 -PROPOSED BY-LAW #3747 THAT Council receive Report DCS 13-54 Traffic Bylaw Amendment-Attorney General Request. AND THAT Bylaw 3747 to amend Bylaw 3701 brought forward for Council consideration. EXECUTIVE SUMMARY Traffic and Parking By-Law 3701 was recently approved by Council. Two certified copies of this document (By-Law 3701) were sent to the Ministry of Attorney General Crown Law Office along with a copy of the proposed short form wording (fines). CONSULTATION/COMMUNICATION Upon the Attorney General's Office review of the By-Law it has been requested to have the proposed fine/penalty schedule deleted from the Traffic and Parking By-Law: THAT Section 57 (1) (c), Out of Court Penalties listed in Schedule 21 of this by-Law, be deleted-see attached by-law (page 86). The Attorney General's office has requested this deletion as the fines/penalties have not been approved by their office at this time. The Attorney General's office has confirmed that the review of the Traffic and Parking By-Law 3701 is now completed and will move forward with their approval upon confirmation of this change to the by-law. I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW N0.370l A BY-LAW TO REGULATE TRAFFIC AND THE PARKING OF MOTOR VEHICLES IN THE TOWN OF TILLSONBURG TABLE OF SECTIONS Description Definitions Reserved Enforcement of By-law PART 1-TRAFFIC Erection of Control Devices Manner of Parallel Parking Manner of Angle Parking Manner of Parking on One-Way Street No Stopping No Parking in Unposted Locations Overnight Parking No Parking in Posted Locations Prohibited Parking On Specified Streets Anytime No Parking at Taxi Stands No Parking in Loading Zones No Parking in Horse Drawn Vehicles Stand Parking During Emergencies and Special Events Restricted Parking on Specified Streets Angle Parking Permitted on Specified Streets Manner of Parking Motorcycles Prohibited Turns Designated Lane Movements Obstructing Traffic Entering Highway Funeral and Other Processions One-Way Streets Through Highways Heavy Truck Restrictions Reduced Load Limit School Bus Loading Zones Use of Sidewalks & Bridges Coasting or Sliding Motor Vehicles to be Locked Pedestrian Crossovers Higher & Lower Speed Limits One Vehicle in Parking Space No Long Vehicle Parking 3 8 8 8 8 8 9 9 9 10 10 II II II II II 12 12 12 12 12 12 13 13 13 13 13 14 14 14 14 14 15 15 15 15 3 The Municipal Council of The Corporation of the Town ofTillsonburg enacts as follows: TRAFFIC AND PARKING BY -LAW Definitions I. In this by-law, unless a contrary intention appears, "abandoned or unplated vehicles" means a police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act who discovers a vehicle apparently abandoned on or near a highway or a motor vehicle or trailer without proper number plates. "'accessible parking space" means any parking space on a highway or parking lot designated by an authorized accessible parking sign restricting parking only to motor vehicles displaying such accessible signage regulated and prescribed by the Province of Ontario with the spaces provided by the Corporation of the Town ofTillsonburg in the absence of Provincial regulation. "accessible person" means an individual who is unable to walk unassisted for more than 200 metres without great difficulty or danger to his or her health or safety. "agricultural purposes" means land where animals or birds are kept for grazing, breeding, raising, boarding, training, or for the tillage of soil, rowing, harvesting of vegetables, fruits, field crops or landscaping materials. "authorized sign" means any sign or other device erected on a Highway by authority of the Ontario Provincial Police on direction of the Council for the Town of Tillson burg, for the purpose of regulating, warning or guiding traffic. "bicycle" includes a tricycle having a wheel or wheels of more than 50 em. in diameter. "boulevard" means that portion of every road allowance within the limits of the Town of Tillsonburg which is not used as a sidewalk, driveway access, traveled roadway or shoulder; "bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons "bus bay" means a portion of the highway which is designed and constructed outside of the roadway adjacent to it for the purpose of stopping buses while in the act of picking up or discharging passengers; "by-law enfo~ement officer" a person duly appointed by the Corporation of the Town of Tillsonburg for the purpose of enforcing the parking provisions of this by- law. "commercial motor vehicle" means any motor vehicle having permanently attached thereto a truck or delivery body, and includes ambulances, hearses, casket wagons, fire apparatus, motor buses and tractors used for hauling purposes on the highways; "Corporation" means The Corporation of the Town ofTillsonburg; "Council" means the Municipal Council of The Corporation of the Town of Tillsonburg; 5 "inoperative motor vehicle" means a motor vehicle which is without a current license plate, and current insurance, and has its fenders, hood, trunk, roof, wheels, or any part of its superstructure removed, or a motor vehicle which is in a dilapidated condition; "intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other; "Janeway-Parking Lot" means a lane; aisle, passageway or access way intended for general traffic circulation within a parking lot, which affords a means of access for vehicles to the driveways and parking spaces. "Janeway-Municipal" means a lane, passageway, alleyway, fire lane or accessway which is municipally owned, or under control of the Corporation, not intended for general traffic circulation, but which affords a means of access for vehicles behind or between properties. "loading" means the physical activity of moving merchandise from or to a propertY or another vehicle and the physical activity of passengers entering or departing a vehicle. "loading zone" the part of a highway set apart for the exclusive purpose of parking a vehicle to load or unload same. "motor vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car. or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor. self-propelled implement ofhusbandry or road building machine within the meaning of the Highway Traffic Act; "municipality" means the municipality of the Town ofTillsonburg; "municipal parking lot" shall mean any parking lot owned or under control of the Corporation, improved and intended to provide vehicle parking for the public. "official sign" means a sign approved by the Ministry ofTransportation; "one-way street" means a street upon which vehicular traffic is limited to movement in one direction; park" or "parking", when prohibited, means the standing of a vehicle whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; "parking lot" any lands owned or leased by the Corporation, designed, maintained, regulated and enforced, for the purpose of providing public parking spaces. except a roadway, which shall have the same status as a public highway for the purpose of this by-law. "parking meter zone" means a part of a street designated by this by-law for parking purposes timed by parking meters; "parking space" means a portion of the surface of the roadway designated by suitable markings. 7 "school vehicle" means a vehicle that is used for the transportation of: i) persons to or from school, or ii) mentally or physically disabled people to or from a training centre and shall only include the following: i) a school bus ii) a bus and iii) a vehicle that is designed to carry less than ten passengers and is used for the transportation of persons and which is identified by public vehicle plates and/or school safety stickers. "shoulder" means that portion of every street which abuts the roadway and which is designed and intended for passage or stopping of motor vehicles but which extends no more than 3.6 metres in width from the limit of the roadway; "sidewalk" means any municipal walkway, or that portion of a street between the curb line or the lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians; "stand" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; "stop", when required, means the complete cessation of movement; "stop" or "stopping", when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal; "street" or "highway" includes a common and public highway, street, avenue, parkway, driveway access, square, place, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; "through highway" means any highway or part of a highway designated as such by by-law of the municipality and all intersecting highways are marked by a stop sign or yield sign in compliance with the regulations of the Ministry of Transportation. "time" means, where any expression oftime occurs or where any hour or other period oftime is stated, standard time or daylight saving time, whichever is in effect in the Town ofTillsonburg pursuant to the Time Act; "Town Council" means the Town Council of The Corparation of The Town of Tillson burg. "tractor-trailer unit" means the combination of a commercial motor vehicle and a trailer or semi-trailer; "traffic" includes pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for the purposes of travel; 9 (b) if no pavement markings are visible, no person shall park a vehicle except at an angle not exceeding sixty degrees with the permitted direction of travel; and in all cases so that the front end of the vehicle is nearest to the curb or the edge of the street. (2) Notwithstanding subsection (I), no person shall park a vehicle at an angle if (a) the load being carried extends beyond the rear of the vehicle; or (b) the vehicle has attached to it a trailer as defined by the Highway Traffic Act; or (c) such vehicle obstructs or interferes with traffic in any way while so parked. Manner of Parking on One-Way Street 7. (1) Subject to subsection (2), all persons may park vehicles on both sides of a one-way street in the permitted locations and facing in the direction in which the vehicle is required to proceed. (2) Unless otherwise regulated, when parked on the left hand side of the roadway, determined by the permitted direction of travel, the left front and left rear wheels or runners of the vehicle shall be parallel to and distant not more than 0.3 metres from the edge of the roadway adjacent to which such vehicle is parked. No Stopping (Schedule 1) 8. (I) No person shall stop a vehicle in a manner known as "double parking" or in any traffic lane other than the curb lane. (2) No person shall stop a vehicle or any part of a vehicle in the following locations when appropriate signs have been erected and are on display, when signs are hereby authorized: (a) in front of the entrance to the Town Centre Mall (b) within an intersection at anytime (c) within 15 metres of any intersection (d) as locations set out in Schedule 1 (3) Subsection (2) (a) does not apply to (a) a school vehicle engaged in the transportation of persons when such vehicle is stopped to discharge or pick up passengers. No Parking in Unposted Locations 9. (I) No person shall park a vehicle in any of the following places during the specified times: (a) in such a manner so that any part of the vehicle is situated upon or over a sidewalk at any time of the day or night; (b) between a sidewalk and the adjacent roadway at any time; 11 (d) upon that side of the street and immediately adjacent to the frontage or flankage of any service station providing fuel for motor vehicles; (e) within 30 metres of any intersection controlled by traffic signals. (f) within those areas around 45 Hardy Ave. that are posted "No Parking Emergency Vehicles Only" (See Figure 10 Attached). (g) within the Municipal Lots of the Town ofTillsonburg. (2) Nothing in subsection (I) shall prohibit the proper parking of bicycles in a bicycle rack erected by the Corporation of Tillsonburg or approved by the Town Council under a written agreement. Prohibited Parking On Specified Streets Anytime (Schedule 2 Attached) 12. No person shall park a vehicle or any part of a vehicle on the streets hereinafter set out in Column I in Schedule 2 of this by-law, the side or sides of streets set out in the corresponding line or lines in Column 2 thereof, between the points set out in Column 3 thereof and the points set out in Column 4 thereof, during the prohibited time or times set out in Column 5 thereof, when appropriate signs have been erected and are on display, which signs are hereby authorized. No Parking At Taxi Stands (Schedule 3) 13. (I) When authorized signs are erected and are on display, which signs are hereby authorized, no person other than those persons operating a taxi cab under a valid licence issued by the Clerk of The Corporation of the Town of Tillsonburg shall park or stop a vehicle or any part of a vehicle to load or unload passengers or merchandise on any streets set out in Schedule 3 of this by- law. No Parking In Loading Zones (Schedule 4) 14. When appropriate signs are erected and are on display, which signs are hereby authorized, no person shall park a vehicle or any part of a vehicle on any of the streets set out in Column I of this by-law, the side or sides of streets set out in Column 2 thereof, location or parts thereof set out in Column 3 thereof, unless such vehicles are being loaded or unloaded, and the entire vehicle is located within the designated loading zone; and the streets or portions thereof referred to in the said schedule are hereby designated as Loading Zones. No Parking In Horse Drawn Vehicle Stands 15. That motor vehicles be prohibited from parking in spaces posted for the use of horse drawn vehicles in municipal parking lots. Parking During Emergencies and Special Events 16. (I) Notwithstanding any other provisions of this by-law to the contrary, in case of fire, a parade, an assembly of persons, a congestion of traffic, a construction project or an emergency, parking may be restricted or prohibited by the Town Council or it's authorized representative or the Detachment Commander of the Ontario Provincial Police acting through police officers, and no person shall park a vehicle in contravention of such restrictions or prohibition. (2) For the purposes of this section, "emergency" includes a snowfall or other act of God, which hinders, restricts or prohibits movement of vehicles or pedestrians on a highway. (3) The declaration of an emergency and the parking restrictions or prohibitions shall be 13 (3) All costs and charges for removing, care and storage thereof, if any as may be incurred by the removal of a vehicle pursuant to Section 2 are lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act R. S. 0. 1980, C, 198 S. 147 (13) and amendments thereto. Entering Highway (Schedules 9 and 10 Attached) 23. (I) In addition to the provisions of the Highway Traffic Act requiring stop signs at intersections on through streets, stop signs shall also be installed facing the traffic proceeding in the directions indicated in Column 2 of Schedule 9 of this by-law, at the intersecting streets set out in Column I thereof. (2) Yield signs are authorized and shall be installed facing the traffic proceeding in the directions indicated in Column 2 of Schedule I 0 of this by-law, at the intersecting streets set out in Column I thereof. Funeral and Other Processions 24. (I) No person shall drive a vehicle so that it intersects a funeral or other authorized procession in motion except under the direction of a police officer. (2) All persons driving vehicles in a funeral or other procession shall drive such vehicles as near to the right-hand edge of the roadway as is practical and safe. (3) No parade of vehicles or persons or both shall be held on any highway within the Town of Tillsonburg without prior approval of Council or Director of Operations. One-Way Streets (Schedule 11) 25. The highways set out in Column I of Schedule II of this by-law between the limits set out in Columns 2 and 3 are hereby designated for one-way traffic only in the directions set out in Column 4. Through Highways (Schedule 12 Attached) 26. The street or parts of streets set out in Schedule 12 of this By-law, are designated and declared to be through highways but shall not include any intersecting highways where traffic signals are installed. (Figure 2 Attached.) Heavy Truck Restrictions (Schedule 13 Attached) 27. (I) In this section "prohibited street" means any street or part thereof within the Town of Tillsonburg not set forth in Schedule 13 of this by-law and upon which there are erected signs prohibiting heavy trucks. (See Figure 3 Attached.) (2) No person shall operate or park a heavy truck on a prohibited street (3) Subsection (2) does not apply where a heavy truck is being necessarily operated in the usual conduct of business and proceeds by way of the shortest route to or from any street or part thereof set forth in Schedule 13 of this by-law. (4) The Town of Tillson burg shall keep and maintain accurate maps illustrating those streets or parts thereof in Schedule 13, which maps shall be available to the public. (5) The Town Council is hereby authorized to cause the streets not listed in Schedule 13 to be marked with signs to prohibit their use by heavy trucks. (6) This section does not apply to heavy trucks being used for deliveries to or removals from properties being used for agricultural purposes. 15 Pedestrian Crossovers (Schedule 16) 33. The highways set out in Column I of Schedule 16 of this by-law, at the locations set out in Column 2, are hereby designated as pedestrian Crossovers. Higher and Lower Speed Limits (Schedule l7(a) + (b)) 34. (a) The highways set out in Column I of Schedule 17(a) of this by-law, between the limits set out in Columns 2 and 3, are hereby restricted to maximum rates of speed as set out in Column 4. (b) The highways set out in Column I of Schedule 17(b) of this bylaw, between the limits set out in Column 2 and 3, are hereby restricted to maximum rates of speed as set out in Column 4. One Vehicle In Parking Space 35. (I) No person shall park more than one vehicle in any one parking space at any one time. (2) No person shall park a vehicle in a parking space that is partly or completely occupied by another vehicle. No Long Vehicle Parking 36. No person shall park any motor vehicle in excess of 6.1 meters in length in a manner that shall obstruct the movement of other vehicles. PART 2-FIRE ROUTES OFFICIAL SIGN (Figure 5 Attached} 37. (I) In this part "official sign" means a fire route sign in the form set out in Figure 5 of this by-law. (2) All fire route signs legally in place on the 26th of February 2002 in the Town of Tillsonburg shall be deemed to be official signs pursuant to this by-law. Establishment of Fire Routes 38. A private roadway along which approval has been given by the Corporation for the erection of official signs is a fire route. Fire Chief's Order 39. If after inspection of any building, the Fire Chief of the Corporation is satisfied that, in in order to suppress and prevent the spread of fires, a fire route is warranted in respect of any building, he may serve or cause to be serviced by personal service or by prepaid registered mail to the owner of the building shown on the records of the Land Registry office, an order requiring the owner to comply with the provisions of Fire Code and I or building Code Act Regulations, and every owner shall comply with such order within sixty (60) days of the date of its service upon him or its mailing to him. Agreement with Owner of Roadway (Schedule 18 Attached) 40. The Corporation and the owner of a private roadway may enter into an agreement in the form set out in Schedule 18 of this by-law or in a development agreement pursuant to the site plan approval process providing for the designation of the roadway as a fire route. 17 (c) use or pennit the use of a current original identifying marker furnished by the Ministry of Transportation except the accessible person to whom the current original identifying marker is furnished; or a person transporting such accessible person; (d) without the authority of the person to whom a current original identifying marker has been issued, remove a current original identifying marker furnished by the Ministry of Transportation from a motor vehicle. Official Sign (Figure 6 Attached) 48. In this Part, "official sign" means a sign in the forrn set out in Figure 6 of this by-law. PART 4-OFF-STREET PARKING FOR THE ACCESSffiLE Designation of Parking Spaces 49. (I) Where in a public parking lot or facility one or more parking spaces are intended for the sole use of a vehicle of a accessible person, The Town of Tillson burg shall identify each such parking space by erecting one or more official signs in such a manner that the official sign or signs shall be clearly visible to the operator of any vehicle approaching or entering such parking space. (2) Where the requirements of subsection (I) of this section are complied with, each such parking space is for the purposes of this by-law a designated parking space for the sole use of vehicles of accessible persons. (3) Notwithstanding any provision in this Part to the contrary, no designated parking space shall be located in a fire route designated under Part 2 of this by-law. PARKING SPACE FOR ACCESSffiLE PERSONS 50. No person shall park, stand, stop or leave a motor vehicle in any designated parking space except a motor vehicle that is identified by a current original identifying marker. PART 5-MUNICIPAL PARKING LOTS (Figure 7, 8, Attached) 51. Parking is permitted in the municipal parking lots set out in Figure 7 with the exception of: (I) Figure 8 will be used to indicate a "2 Hour Limit" (2) No Person shall park an unlicensed vehicle on a municipal parking lot. (3) No Person shall park an inoperable motor vehicle on a municipal parking lot. ( 4) Where there are pavement markings or designated parking spaces, no person shall park a vehicle where it is not wholly within the designated parking space. (5) No person shall park a vehicle so as to obstruct the passage of vehicles in a parking lot laneway or any parking lot. 19 (a) contravenes any provision of this by-law; or (b) is the owner of a vehicle that is parked or stopped in contravention of any provision of this by-law, is guilty of an offence and on conviction is liable to any penalty as provided in the Provincial Offences Act (c) Out of Court Penalties listed in Schedule 21 of this by-law. Illegally Parked Vehicles 58. Where a vehicle has been left parked, stopped or left standing in contravention of this by-law as passed, the owner of the vehicle, notwithstanding that he was not the driver of the vehicle at the time of the contravention of the by-law, is guilty of an offence and is liable to the fme prescribed for the offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent. IMPOUNDMENT AND REMOVAL 59. A Municipal Law Enforcement Officer upon discovery of any motor vehicle parked or standing in contravention of the provisions of this By-Law shall cause it to be moved or taken to and placed or stored in a suitable location and all costs associated with its removal, and impoundment wiU be the responsibility of the registered owner of the vehicle. Executive Acts Authorized 60. The Mayor and the Administration are hereby authorized to do all things and the Mayor and the CAO are hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give effect to this by-law. Headings Not Part of By-law 61. The headings in the body of this by-law form no part of the by-law but are inserted for convenience of reference only. Deviation Form 62. Where a form or words or expressions are prescribed in any Schedule to this by-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them. Conflict With Highway Traffic Act 63. In the event of conflict between the provisions of this by-law and the Highway Traffic Act, the provisions of the said Act prevail. Repeal 64. That By-law No. 2997 and its amendments are hereby repealed. READ A FIRST AND SECOND TIME TillS 2Stb DAY OF MARCH, 2013. ~~ALTIMEANDPASSEDTHIS8~DAYOFAPRIL,21l13. DEPUTY MAYOR-Mark Renaud ~~-=na Wilson 21 TABLE OF FIGURES FIGURES DESCRIPTION PAGES Official Parking Pennit 87 2 Official Downtown Area Map 89 3 Official Heavy Truck Route Map 90 4 Official Reduce Load Map 91 5 Official Fire Route Sign 92 6 Official Accessible Sign 93 7 Official Municipal Parking Lot Map 94 8 Official ;'2 Hour Parking Sign" 95 9 Official "No Overnight Parking 2 AM - 6 AM 96 10 Official ''No Parking Emergency Vehicles Only" 97 II Official "School Bus Loading Zone" 98 12 Official "No Parking-Loading Zone" 99 13 Official ;'No Stopping Zone" 100 14 Official "Horse and Buggy Parking Only'" 101 23 COLUMN I COLUMN2 COLUMN3 COLUMN4 COLUMNS HIGHWAY SIDE FROM TO TIME OR DAYS Maple Lane West Centre line of 13m North Anytime South Entrance of25 Maple Lane Maple Lane Both Concession St Maple Court Anytime Oxford St. North/South Harvey St. Tillson Ave. Anytime Park Ave. Both Gowrie St. Concession St. Anytime Quarter Town line West Southridge Rd 50 meters north of Anytime Rd Southridge Rd Quarter Town line East Southridge Rd North Town Anytime Rd Limits Ridout St. E. North Harvey St. Broadway Anytime *Simcoe St. Both Tillson Ave. West Town Line Anytime Southridge Rd. South Quarter Town Daffodil Dr. Sept. I -Jun 30th Line Rd. Mon-Fri. 8am -9 am 3 pm -4 pm Southridge Rd North Quarter Town 29m West of Anytime Line Rd Quarter Town Line Rd. Southridge Rd North lOOm West of 115m West of Anytime Quarter Town Quarter Town Line Rd. Line Rd COLUMN I HIGHWAY Ball Alley Barker St. Baldwin St Bear St. Bell Mill Road Bidwell St. Bidwell St. Bloomer St. Bridge St. East Bridge St. East Bridge St. East Bridge St. West 25 SCHEDULE2 PROIDBITED PARKING ON SPECIFIED STREET COLUMN2 COLUMN3 COLUMN4 SIDE FROM TO Both Ball St First Alley North Tillson Ave. Wellington St. North Holland Gate Rolph St. North Broadway Rolph St. Both Hwy#3 Town Limits East Prospect St. Concession St. West Prospect St. John Pound Rd Both Oxford St. Hydro Station North Tillson Ave. Lisgar Ave. South Queen St. Lisgar Ave. Both Lisgar Ave. Broadway South Broadway Rolph St. COLUMNS TIMEORDAYS No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime No Parking Anytime 27 COLUMN I COLUMN2 COLUMN3 COLUMN4 COLUMN 5 IDGHWAY SIDE FROM TO TIME OR DAYS Coreless Lane Both Brock St. Hyman St. No Parking Anytime Coyle Lane Both Tillson Ave. End No Parking Anytime Cranberry Road Both North St. Town Limits No Parking Anytime Devonshire Ave. Both Broadway Lisgar Ave. No Parking Anytime Ebert Alley Both Bridge St. Dead End No Parking Anytime Edgewood Dr. Both Brock St West Dead End No Parking Anytime Elgin St. North Tillson Ave. Lisgar Ave. No Parking Anytime Erie Court Both Devonshire Ave. Dead End No Parking Anytime First Street North King St. Tillson Ave. No Parking Anytime First Alley Both Tillson St. Ball Alley No Parking Anytime Fourth St. South Lisgar Ave. Tillson Ave. No Parking Anytime Fox Alley Both London St. Concession St. No Parking Anytime Francis Street South Tillson Ave. Kara Lane No Parking Anytime George St Both John Pound Rd Top of the Hill No Parking Anytime 29 COLUMN I COLUMN2 COLUMN3 COLUMN4 COLUMNS ffiGHWAY SIDE FROM TO TIME OR DAYS Hyman St. North Tillson Ave. Maple Lane No Parking Anytime Joseph St. North Tillson Ave. Dead End No Parking Anytime King St. Both Concession St. Fifth St. No Parking Anytime King St. West Concession St Bridge St. No Parking Anytime Lamers Court Both Devonshire Ave. Dead End No Parking Anytime Lindsay St. Both Tillson Ave. 18 meters East of No Parking Tillson Ave. Anytime Lisgar Ave. Both Brock St. East Concession St. No Parking Anytime Lisgar Ave. East Fifth St. Van Norman Dr. No Parking Anytime Lisgar Ave. West/South Concession St. Hardy Ave. No Parking Anytime Lisgar Ave. North 50.7 m West of Van 65.1 m West Van No Parking Norman Dr. Norman Dr. Anytime Lisgar Ave. North 117.4 m West of 131.7 m West of Van No Parking Van Norman Dr. Norman Dr. Anytime Lisgar Ave. North 186.5 m West of 201m WestofVan No Parking Van Norman Dr. Norman Dr. Anytime 31 COLUMN I COLUMN2 COLUMN3 COLUMN4 COLUMNS HIGHWAY SIDE FROM TO TIME OR DAYS Pine St. South Tillson Ave. Maple Lane No Parking Anytime Potters Road East Simcoe St. Town Limits No Parking Anytime Prospect St. South Broadway Bidwell St. No Parking Anytime PUC Alley Both Elgin St. Durham St. No Parking Anytime Rogers St. South North & I st Alley East of East Limit of Rogers No Parking Alley South Tillson A venue Street Anytime Ridout Street West South Bidwell Street Coon Alley No Parking Anytime Rolph St. West Baldwin Street North Side of Ridout No Parking Street Anytime Rolph St. West 41.7m North of Concession St. West No Parking Ridout Street. Anytime Rolph St. East 24.9 m South of 66.7 m South of Wolf No Parking Wolf Street Street Anytime Rolph St. East North side of Wolf 61mNorthof Wolf No Parking Street Street Anytime Rolph St. East 27m South of Bear 35.3m South of Bear No Parking Street Street Anytime Sanders St. South Broadway End No Parking Anytime Simcoe St Both Tillson A venue Eastern Limits No Parking (cemetery) Anytime COLUMN I HIGHWAY 33 SCHEDULE3 NO PARKING AT TAXI STANDS COLUMN2 COLUMN3 COLUMN4 SIDE LOCATION NO. OF SPACES COLUMNS HOURS COLUMNl HIGHWAY Baldwin Street Bear Street Bidwell Street Bidwell Street Bridge Street West Broadway Brock Street East Brock Street West Brock Street West Hale Street Harvey Street Harvey Street Harvey Street Harvey Street 35 SCHEDULES RESTRICTED PARKING ON SPECIFIED STREETS COLUMN2 COLUMN3 COLUMN4 COLUMNS SIDE FROM TO TIME OR DAYS Both Broadway Bidwell Street 2 hrs 9am-6pm except Sundays & Holidays South Rolph Street Bidwell Street 2 hrs 9am-6pm except Sundays & Holidays West Washington Grand 28.5 m North of 2 hrs 9am-6pm except Sundays Brock Street W & Holidays West 17.7 m South of Baldwin Street 2 hrs 9am-6pm except Sundays Brock Street West & Holidays North Broadway Rolph Street 2 hrs 9am-6pm except Sundays & Holidays Both London Street Bridge Street 2 hrs 9am-6pm except Sundays & Holidays Both Lisgar Avenue Broadway 2 hrs 9am-6pm except Sundays & Holidays Both Broadway Bidwell Street 2 hrs 9am-6pm except Sundays & Holidays North Bidwell Street Rolph Street 2 hrs 9am-6pm except Sundays & Holidays South 30 Hale Street 31 Hale Street 2 hrs 9am-6pm except Sundays & Holid!lYs West London Street East Oxford Street 2 hrs 9am-6pm except Sundays & Holidays East Oxford Street Ridout Street 2 hrs 9am-6pm except Sundays & Holidays West Oxford Street Brock Street 2 hrs 9am-6pm except Sundays & Holidays West 20m South of Bridge 66m South of 30 minutes St. Bridge St. 37 COLUMN 1 COLUMN2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE FROM TO TIME OR DAYS Rolph Street East Bear St. 27m South of 2 hrs 9am -6pm except Bear St. Sundays & Holidays Rolph Street East Bear St. Venison St. W 2 hrs 9am-6pm except Sundays & Holidays Rolph Street West Ridout St. 41 . 7 m north of 2 hrs 9am-6pm except Sundays Ridout St. & Holidays Venison St. W. North Rolph St. Bidwell St. 2 hrs 9am-6pm except Sundays & Holidays Washington Grand North Broadway 8 Washington 2 hrs 9am-6pm except Sundays Grand Ave. & Holidays Washington Grand South Broadway Bidwell Street 2 hrs 9am-6pm except Sundays & Holidays COLUMN 1 INTERSECTION OR PORTION OF IDGHWAY Broadway at John Pound Rd. Bloomer Street at John Pound Road 39 SCHEDULE7 PROIDBITED TURNS COLUMN2 COLUMN3 DIRECTION TURNS PROHIBITED South "U" Westbound Right COLUMN4 TIMES OR DAYS Anytime Anytime 41 SCHEDULE9 DESIGNATED STOP SIGNS COLUMN 1 COLUMN2 INTERSECTION FACING TRAFFIC Adams Avenue at Allen Street Eastbound on Adams A venue Alexander Avenue at Demeyere Avenue 2-Southbound and ]-Northbound on Alexander Avenue Alexander Avenue at Parkwood Drive Southbound on Alexander Avenue Allen Street at Glendale Drive 2-Westbound on Allen Street Andover Avenue at Glendale Drive Northbound on Andover Avenue Ann Street at Concession Street Southbound on Ann Street Ann Street at Victoria Street Northbound on Ann Street Argyle Street at Quarter Town Line Road Westbound on Argyle Street Armstrong Drive at Wilson Avenue Eastbound and Northbound on Armstrong Drive Arnold Street at Sanders Crescent Southbound on Arnold Street Balazs Court at Wilson Avenue Westbound on Balazs Court Baldwin Street at Quarter Town Line Road Eastbound & Westbound on Baldwin Street Baldwin Street at Weston Drive Northbound on Baldwin Street Ball Street at Duncan Street Northbound & Southbound on Ball Street Ball Street at Lincoln Street Northbound & Southbound on Ball Street Ball Street at Simcoe Street Northbound on Ball Street 43 COLUMN I COLUMN2 INTERSECTION FACING TRAFFIC Bond Street at Wellington Street Eastbound on Bond Street Bond Street at Tillson A venue West bound on Bond Street Borden Crescent at John Pound Road Eastbound on Borden Crescent Brad A venue at North Street Southbound on Brad A venue Brasher Drive at Wilson Avenue Eastbound and Southbound on Brasher Drive Bridle Path at Baldwin Street Northbound on Bridle Path Bridge Street at Bidwell Street Eastbound and Westbound on Bridge Street Bridge Street East at Lis gar A venue West bound on Bridge Street Bridge Street at Rolph Street Westbound on Bridge Street Bridge Street at Tillson Avenue Eastbound on Bridge Street Broadway at John Pound Road Northbound on Broadway Brock Street at Bidwell Street Eastbound and Westbound on Brock Street Brock Street at Harvey St Eastbound and Westbound on Brock St. Brock Street at Rolph Street Eastbound & Westbound on Brock Street Camdon Court at Glendale Drive 2-Westbound on Camdon Court Cardinal Court at Owl Drive Southbound on Cardinal Court Carolina Street at Allen Street Westbound on Carolina Street Carolina Street at Broadway Eastbound on Carolina Street 45 COLUMN I COLUMN2 INTERSECTION FACING TRAFFIC Clear Valley Drive at Wilson Avenue Westbound on Clear Valley Drive Clearview Drive at Bayham Drive Westbound on Clearview Drive Clearview Drive at Highway# 3 Southbound on Clearview Drive Colin Avenue at Trottier Drive Eastbound on Colin A venue Concession Street at Lisgar A venue Eastbound & Westbound on Concession Street Concession Street at Maple Lane Eastbound and Westbound on Concession Street Coon Alley at Baldwin Street Northbound & Southbound on Coon Alley Coon Alley at Bear Street Northbound & Southbound on Coon Alley Coon Alley at Bridge Street Northbound on Coon Alley Coon Alley at Brock Street Northbound and Southbound on Coon Alley Coon Alley at Concession Street Northbound on Coon Alley Coon Alley at Hale Street Northbound on Coon Alley Coon Alley at London Street Northbound & Southbound on Coon Alley Coon Alley at Ridout Street Northbound & Southbound on Coon Alley Coon Alley at Venison Street Northbound & Southbound on Coon Alley Coon Alley at Washington Grand Avenue Northbound & Southbound on Coon Alley Coon Alley at Wolf Street Northbound & Southbound on Coon Alley Core less Lane at Brock Street Northbound on Core less Lane 47 COLUMN I COLUMN2 INTERSECTION FACING TRAFFIC Devon Court at Devonshire A venue Northbound on Devon Court Devon Court at Lisgar A venue Southbound on Devon Court Devonshire A venue at Broadway Westbound on Devonshire A venue Devonshire Avenue at Lisgar Avenue Eastbound on Devonshire Avenue Dogwood Drive at Trillium Drive Southbound on Dogwood Drive Duncan Street at Goshen Street Eastbound on Duncan Street Duncan Street at Tillson Street Westbound on Duncan Street Durham Street at Lis gar A venue Westbound on Durham Street Durham Street at Tillson Avenue Eastbound on Durham Street Earle Street at Cedar Street Westbound on Earle Street Earle Street at Tillson A venue Eastbound on Earle Street Ebert Alley at Bridge Street Northbound on Ebert Alley Ebert Alley at Brock Street Northbound & Southbound on Ebert Alley Ebert Alley at Durham Street Northbound & Southbound on Ebert Alley Ebert Alley at Elgin Street Northbound & Southbound on Ebert Alley Eden Place at Andover Avenue East on Eden Place Edgewood Drive at Brock Street Northbound on Edgewood Drive Edwin Crescent at Wilson Avenue Eastbound on Edwin Crescent 49 COLUMN I COLUMN2 INTERSECTION FACING TRAFFIC First Street at Lisgar Avenue Westbound on First Street Forest Glenn Court at Trottier Drive Westbound on Forest Glenn Court Fourth Street at Lisgar Avenue Eastbound & Westbound on Fourth Street Fourth Street at Tillson Avenue Eastbound on Fourth Street Fox Alley at Baldwin Street Northbound & Southbound on Fox Alley Fox Alley at Bear Street Northbound & Southbound on Fox Alley Fox Alley at Brock Street Northbound & Southbound on Fox Alley Fox Alley at Concession Street Northbound on Fox Alley Fox Alley at London Street Northbound & Southbound on Fox Alley Fox Alley at Prospect Street Northbound & Southbound on Fox Alley Fox Alley at Ridout Street Northbound & Southbound on Fox Alley Fox Alley at Venison Street Northbound & Southbound on Fox Alley Fox Alley at Washington Grand Avenue Southbound on Fox Alley Fox Alley at Wolf Street Northbound & Southbound on Fox Alley Francis Street at Kara Lane Eastbound on Francis Street Francis Street at Tillson A venue Westbound on Francis Street Frank Street at Concession Street Northbound on Frank Street Frank Street at Lisgar Avenue Eastbound on Frank Street 51 COLUMN 1 COLUMN2 INTERSECTION FACING TRAFFIC Hardy A venue at Lisgar A venue Northbound on Hardy Avenue Hardy A venue at Sanders Street Northbound & Southbound on Hardy A venue Harris Street at King Street Eastbound on Harris Street Harris Street at Lisgar Avenue Westbound on Harris Street Harvey Street at Bridge Street Northbound on Harvey Street Harvey Street at Brock Street Northbound & Southbound on Harvey Street Harvey Street at London Street Southbound on Harvey Street Harvey Street at Oxford Street Northbound & Southbound on Harvey Street Harvey Street at Lot 7 A Northbound & Southbound on Harvey Street Hawkins Crescent at Wilson Avenue Eastbound on Hawkins Crescent Hawthorne Crescent at Glendale Drive Northbound on Hawthorne Crescent Herford Street at North Street Northbound on Herford Street Hickory Lane at Holland Gate Eastbound & Westbound on Hickory Lane Hickory Lane at Wilson Avenue Westbound on Hickory Lane Highland Drive at Hillyndale Road Northbound on Highland Drive Hilldrop Crescent at James Avenue Southbound on Hilldrop Crescent Hilldrop Crescent at Woodland Crescent Northbound on Hilldrop Crescent Hiliker Alley at Durham Street Northbound & Southbound on Hiliker Alley 53 COLUMN 1 COLUMN2 INTERSECTION FACING TRAFFIC John Street at Reynolds Drive Eastbound on John Street Jones Crescent at Jones Crescent Westbound on Jones Crescent Jones Crescent at Weston Drive Northbound on Jones Crescent Joseph Street at Maple Lane Westbound &Eastbound on Joseph St. Joseph Street at Tillson Avenue Westbound on Joseph Street Judy Avenue at Trottier Drive Northbound on Judy Avenue Kara Lane at· Kara Lane Southbound on Kara Lane King Street at Bridge Street Northbound & Southbound on King Street King Street at Brock Street Southbound on King Street King Street at Concession Street Northbound and Southbound on King Street King Street at Durham Street Northbound & Southbound on King Street King Street at Elgin Street North & Southbound on King Street King Street at Fourth Street North & Southbound on King Street Lady A venue at Baldwin Street Northbound on Lady Avenue Lamers Court at Devonshire A venue Southbound on Lamers Court Langrell Avenue at Fairview Street Southbound on Langrell Avenue Langrell Avenue at Quarter Townline Road Westbound on Langrell Avenue Lincoln Street at Goshen Road Eastbound on Lincoln Street 55 COLUMN 1 COLUMN2 INTERSECTION FACING TRAFFIC Maple Court at Concession Street Northbound on Maple Court Maple Court at Maple Lane Southbound on Maple Court Maple Lane at Brock Street Northbound & Southbound on Maple Lane Maple Lane at Concession Street North & Southbound on Maple Lane Maple Lane at Joseph Street Northbound on Maple Lane Mary Street at Joseph Street Southbound on Mary Street Mary Street at Kara Lane Northbound on Mary Street McDonald Court at Wilson Avenue Westbound on McDonald McKenzie Street at Harvey Street Westbound on McKenzie Street Moncie Street at Barker Street Westbound on Monice Street Moose Street at Broadway Eastbound on Moose Street Morning Glory Drive at Crocus A venue Northbound on Morning Glory Drive Morning Glory Drive at Trillium Drive Southbound on Morning Glory Drive Myrtle Street at William Street Northbound on Myrtle Street Nelson Street at Tillson Avenue Westbound on Nelson Street Niagara Street at Broadway Eastbound on Niagara Street Niagara Street at Victoria Street Westbound on Niagara Street Northern Lane at North Street East Southbound on Northern Lane 57 COLUMN I COLUMN 2 INTERSECTION FACING TRAFFIC Parkside Drive at Glendale Drive Northbound on Parks ide Drive Parkwood Drive at Concession Street Northbound & Southbound on Parkwood Drive Parkwood Drive at Demeyere Avenue North & Southbound on Parkwood Drive Peach Street at Barker Street Northbound & Southbound on Peach Street Peach Street at Kara Lane Southbound on Peach Street Peach Street at Magnolia Drive Northbound and Southbound on Peach Street Pearl Street at Maple Lane Eastbound and Westbound on Pearl Street Pearl Street at Tillson A venue West bound on Pearl Street Pheasant Court at Woodcock Drive Southbound on Pheasant Court Pine Avenue at Earle Street Northbound & Southbound on Pine Avenue Pine Avenue at Simcoe Street Northbound on Pine Avenue Pine Street at Maple Lane Eastbound & Westbound on Pine Street Pine Street at Pearl Street Northbound on Pine Street Pine Street at Tillson A venue Westbound on Pine Street Poplar Street at Allen Street Northbound on Poplar Street Poplar Street at Glendale Drive Southbound on Poplar Street Primrose Drive at Crocus A venue Northbound on Primrose Drive Primrose Drive at Trillium Drive Southbound on Primrose Drive 59 COLUMN I COLUMN 2 INTERSECTION FACING TRAFFIC Ridout Street at Rolph Street Westbound on Ridout Street Robin Road at Bobolink Drive Northbound on Robin Road Robin Road at Owl Drive Southbound on Robin Road Rodgers Street at Tillson Avenue Westbound on Rodgers Street Rokeby Side Road at Bell Mill Side Road Eastbound on Rokeby Side Road Rolph Street at Baldwin Street Southbound on Rolph Street Rolph Street at Bear Street North & Southbound on Rolph Street Rolph Street at Concession Street Northbound on Rolph Street Rosalynn Circle at Allen Street Eastbound on Rosalynn Circle Ross Street at Gowrie Street Southbound on Ross Street Rouse Street at Young Street Westbound on Rouse Street Rouse Street at Vienna Road Eastbound & Westbound on Rouse Street Sanders Street at Broadway Westbound on Sanders Street Sanders Street at Reynolds Drive Eastbound on Sanders Street Sanders Crescent at Quarter Town line Road Westbound on Sanders Crescent Second Street at Lisgar Avenue Eastbound on Second Street Segal Drive at Trottier Drive Westbound on Segal Drive Seres Drive at Wilson Avenue 2-Eastbound on Seres Drive Sinclair Drive at Wilson A venue 2 -Eastbound on Sinclair Drive 61 COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Trillium Drive at Quarter Town Line Road Eastbound on Trillium Drive Trottier Drive at Baldwin Street Southbound on Trottier Drive Trottier Drive at Segal Drive Southbound on Trottier Drive Tulip Drive at Southridge Road Northbound on Tulip Drive Tulip Drive at Trillium Drive Southbound on Tulip Drive Valleyview Lane at Washington Grand Northbound & Southbound on Valleyview Lane Avenue Van Street at Old Vienna Road Eastbound on Van Street Van Norman Drive at Centennial Avenue Southbound on Van Norman Drive Van Norman Drive at Lisgar Avenue Southbound on Van Norman Drive Vance Drive at North Street Northbound on Vance Drive Venison Street at Rolph Street Eastbound & Westbound on Venison Street Venison Street at Bidwell Street Eastbound & Westbound on Venison Street Venison Street at Broadway Eastbound & Westbound on Venison Street Venison Street at Lisgar A venue Eastbound on Venison Street Verna Drive at Tillson Street Eastbound on Verna Drive Victoria Street at Concession Street Southbound on Victoria Street Victoria Street at Glendale Drive Northbound on Victoria Street Victoria Way at Sanders Crescent Northbound on Victoria Way 63 COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Winona Drive at Glendale Drive Westbound on Wilson Avenue Wolf Street at Bidwell Street Eastbound & Westbound on Wolf Street Wolf Street at Broadway Eastbound on Wolf Street Wolf Street at Rolph Street Westbound on Wolf Street Woodcock Drive at Bobolink Drive Northbound on Woodcock Drive Woodcock Drive at North Street Southbound on Woodcock Drive Woodhaven Drive at Baldwin Street Northbound on Woodhaven Drive Woodhaven Drive at Woodhaven Drive Eastbound on Woodhaven Woodland Crescent at North Street Southbound on Woodland Crescent Woodland Crescent at Quarter Town Line Eastbound on Woodland Crescent Road Woodside Drive at Hilldrop Crescent Eastbound on Woodside Drive Woodside Drive at Woodland Crescent Westbound on Woodside Crescent Wren Court at Woodcock Drive Northbound on Wren Court Young Street at Vienna Road Eastbound on Young Street 65 COLUMN 1 COLUMN2 !NTERSECTION FACING TRAFFIC Frank Street at Fourth Street Northbound on Frank Street Frank Street at Second Street Northbound &Southbound on Frank Street Frank Street at Third Street Northbound & Southbound on Frank Street Goldenrod Drive at Ridge Boulevard Southbound on Goldenrod Drive Glenridge Road at Andover Avenue Southbound on Andover A venue Hampton Court at Gibson Drive Southbound on Hampton Court Hawkins Crescent at Hawkins Crescent Southbound on Hawkins Crescent Hawthorne Crescent at Parkside Drive Eastbound on Hawthorne Crescent Herford Stat Wellington St Westbound on Herford St. Holland Gate at Clear Valley Drive Northbound on Holland Gate Howe Avenue at Denrich Avenue Southbound on Howe A venue Howe A venue at Segal Drive Southbound on Howe A venue Hunter Crescent at Windemere Avenue Northbound & Southbound on Hunter Crescent Hurley Avenue at Clarence Street Southbound on Hurley Avenue Jane Street at Lowrie Crescent Westbound on Jane Street Jane Street at Parkdale Drive Eastbound on Jane Street Judy Avenue at Segal Drive Southbound on Judy Avenue COLUMN 1 ffiGHWAY Hale Street 67 SCHEDULE 11 ONE WAY STREETS COLUMN2 COLUMN3 FROM TO Coon Alley Rolph Street COLUMN4 DIRECTION West/East 69 COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY TO FROM Cedar Street Southerly limits of Simcoe Street Northerly limits of Lincoln Street Charlotte A venue Southerly limits of Concession Northerly limits of Dereham Street Street Concession Street West Town limits of Broadway Westerly limits of Lisgar A venue Concession Street Easterly limits of Lis gar A venue Westerly limits of Tillson Avenue Concession Street Easterly limits of Tillson Avenue CPR Railway Crossing Concession Street Easterly limits of Tillson Avenue Westerly limits of Maple Lane Concession Street Easterly limits of Maple Lane East Town Limit Dereham Drive Easterly limits of Sanders Crescent Northerly limits of Baldwin Street Devonshire Avenue Easterly limits of Broadway Northerly limits ofLisgar Avenue Duncan Street Easterly limits of Tillson Avenue Westerly limits of Goshen Street Durham Street Easterly limits ofLisgar Avenue Westerly limits of Tillson Avenue Elgin Street Westerly Limits of Queen Street Westerly limits of Tillson Avenue Falcon Road Northerly limits of North Street Northerly limits of Owl Drive Fourth Street Easterly limits of Lisgar A venue Westerly limits of Tillson burg Glendale Drive Northerly limits ofCarndon Court Westerly limits of Broadway Goshen Street Southerly Limits of Simcoe Street Southerly limits ofTownline Rd. Gowrie Street Easterly limits of Broadway Easterly limits of Park Avenue 71 COLUMN 1 COLUMN2 COLUMN3 HIGHWAY FROM TO Potters Road Northerly limits of Simcoe Street Westerly limits of North Townline Road Quarter Town Line Road Southerly limits of Baldwin Street Southerly limits of Concession St. Quarter Town Line Road Northerly limits of Concession St. Southerly limits of North Street Quarter Town Line Road Northerly limits ofNorth Street Northerly limits of Fairview Street Queen Street Northerly limits of Concession Southerly limits of Fourth Street Street Rolph Street Northerly limits of Baldwin Street Southerly limits of Bear Street Rolph Street Northerly limits of Bear Street Southerly limits of Concession St. Sanders Street Easterly limits of Broadway Entrance to Memorial Park Simcoe Street Easterly limits of Tillson Avenue Westerly limits of Townline *from Vienna Road. E. Road Tanager Drive Northerly limits of Owl Drive Northerly limits of Bobolink Drive *Tillson A venue Northerly limits of Oxford Street Southerly limits of North Street *Tillson A venue Northerly limits of North Street CPR Railway Crossing Tillson Street Southerly limits of Simcoe Street Northerly limits of Townline Road Townline Road Easterly limits of Vienna Road Westerly limits of Goshen Street Townline Road Easterly limits of Goshen Street Westerly limits of North Townline Trottier Drive Northerly limits of Baldwin Street Northerly limits of Segal Drive 73 SCHEDULE 13 REA VY TRAFFIC ROUTES COLUMN I COLUMN2 COLUMN3 COLUMN4 HIGHWAY FROM TO PERMITTED TIME Broadway Northern Limit John Pound Road 24 Hours Concession Street Western Limit Maple Lane 24 Hours John Pound Road Broadway Highway No. 3 24 Hours North Street Western Limit Eastern Limit 24 Hours Oxford/Simcoe Broadway Eastern Limit 24 Hours Street Tillson A venue Simcoe Street North Street 24 Hours Vienna Road Simcoe Street Southern Limit 24 Hours COLUMNl HIGHWAY Francis Street 75 SCHEDULE 15 SCHOOL BUS LOADING ZONES COLUMN2 COLUMN3 SIDE PLACE South St. Joseph School COLUMN4 TIME OR DAY Anytime 77 SCHEDULE 17(a) HIGHER SPEED LIMITS COLUMN! COLUMN2 COLUMN3 COLUMN4 HIGHWAY FROM TO MAXIUM RATE OF SPEED Broadway North Street North Town Limit 60 km/h (Hwy 19) *Simcoe Street Easterly Town Limit 400 m West of 60 krnlh Easterly Town Limit Vienna Road Simcoe Street South Town Limit 60 km/h SCHEDULE 17 (b) LOWER SPEED LIMITS COLUMN! COLUMN2 COLUMN3 COLUMN4 HIGHWAY FROM TO LOWER RATE OF SPEED Francis Street 144m East of Tillson 45 m West of Kara 40km Avenue Lane Glendale Drive 22 m South of Allen 35m west of Victoria 40km St. Street Hardy A venue Sanders Street Lisgar Avenue 40km Maple Lane 82 m South of 150 m North of Brock 40km Concession St. Street East Quarter Town line 119m North of 216m South ofHwy 40 km Road Langrell A venue #19 BETWEEN: AND: 79 SCHEDULE 18 AGREEMENT WITH OWNER OF ROADWAY REGARDING FIRE ROUTES By-law THIS AGREEMENT made in duplicate this Day of A. D., 2001 THE CORPORA T!ON OF THE TOWN OF TlLLSONBURG Here in after called "Town" of the FIRST PART. hereinafter called the ''Owner" ofthe SECOND PART. WHEREAS the Owner is the registered owner of the lands and premises in the Town of Tillson burg known for municipal purposes as upon which have been laid out certain private roadways identified in the schedule hereto which the Owner had requested be designated and administered by the Town as fire routes pursuant to section 21 0(52) of The Municipal Act. R.S.O. 1990, c.M.45. NOW THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration now paid by the Town to the Owner, the receipt and sufficiency of which is hereby acknowledged by the Owner: I. The Owner consents during the term of this agreement to the designation by the Town of the private roadways identified in the schedule hereto as fire routes pursuant to section 210 (52) ofthe Municipal Act, R.S.O. 1990, c. M.45, and to the full and free administration and enforcement with respect to such private roadways of by-laws pertaining to the fire routes including, but without restricting the generality of the foregoing, the right of free and unhindered entry and re-entry at all times upon the Owner's lands and premises by the Town's employees, servants and agents and by municipal by-law enforcement officers. Constables and Officers appointed for the carrying out of the provisions of The Highway Traffic Act for the purposes of erecting. maintaining and removing official signs, prohibiting parking, and ticketing, removing and impounding vehicles parked or left along the fire routes. COLUMN 1 HIGHWAY Broadway Broadway Broadway Broadway Broadway Brock St. W. Brock St. W. Brock St. W. Brock St. E. Durham St. Harvey St. Harvey St. 81 SCHEDULE 19 ACCESSIBLE PARKING SPACES COLUMN 2 COLUMN3 SIDE LOCATION East First space at 200 Broadway East First Space North of Oxford St. East First space south of Brock St. West First space north of Brock St. West First space South of Ridout St. North First space West of Broadway North First Space East of Bidwell Street North West of Bidwell Street South First space east of Broadway North 23 Meters East of Lis gar Ave East I 03.3 m North of Brock St. E. to 115.6m North of Brock St. E. West Sixth, Seventh, thirteenth space South of Bridge Street 83 Lot 18 First Space South East of Bidwell Street (St. Paul's) Lot 28 First Space North East of Bidwell Street Lot 48 First Space -South East corner of Lot (b) (c) (d) (e) 3. 4. 5. 85 that once official signs are erected, the Owner shall be responsible for their maintenance at his expense in accordance with the standards of the Town: that the Town shall have the right to remove or re-erect official signs; that the Town shall have the right to remove any signs which may conflict or may be confused with official signs; that the Owner shall not permit anything to be done which obstructs the plain view of any official sign by the driver of a vehicle in the parking lot; The Owner releases the Town from all manner of debts, claims, demands, causes of action or suits which the Owner may now or hereafter have against the Town, its employees, servants or agents in respect of any matter contained in or arising from this agreement. The Owner agrees that this agreement shall continue in full force and effect from the date Hereof until terminated by the Town upon one month's prior written notice delivered personally or sent by First Class Mail to the Owner at his last known address. This agreement shall inure to the benefit of and be binding upon the Town and the Owner and their respective heirs, executors, administrators, successors, and assigns, as the case maybe. IN WITNESS WHEREOF the Owner has here unto set his hand and seal or affixed its corporate seal attested to by the hands of its proper officers duly authorized in that behalf, as the case may be. SIGNED, SEALED AND DELIVERED In the presence of 87 SCHEDULE22 PARKING PERMIT FEE The monthly fee per vehicle is $50.00 a month FIGURE 1 OFFICIAL PARKING PERMIT The Corporation of the Town of Tillsonburg PARKING PERMIT ON STREET/ MUNICIPAL LOT PARKING PERMIT# __________________ __ AMOUNT ______________ _ STREET/LOTLOCATION ______________________ __ START DATE ____________ __ END DATE ______________ _ dVW 'JVI.:>Id.'IO ZIDlLt~U 68 \ . \ ~; ~ ..... _ 91 FIGURE4 OFFICIAL REDUCED LOAD MAP REDUCED LOAD ROUTES _,..,.,.'""""" _,... ..... ..~~~.:'!!" S,NOSH3J 3'1HISS333V N!>IS 'lVDI.!I.iO 9 :rna!> 1.!1 £6 ~NDIHVd IDlOH Z N~IS 'lVDIUO s :omnmil S6 97 FIGURE 10 OFFICIAL SIGN NO PARKING-EMERGENCY VEIDCLE PARKING ONLY EMERGENCY VEHICLE·' PARKING + OflLY + :!INOZ ~NI<IVO'I-~NDIHV dON NmS 'IVDI.!I.!IO n:rnrmu 66 101 FIGURE 14 OFFICIAL SIGN HORSE AND BUGGY PARKING ONLY -- HOiiSE AND BUGGY ONLY • STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Title: Additional Barrier Free Parking at Tillsonburg Community Centre Report No.: DCS 13-58 Author: KATHLEEN MUSSELMAN Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: • By-Law # 3748 • Diagrams Of Proposed Changes RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-58 Additional Barrier Free Parking at the Til/sonburg Community Centre for information; and FURTHER RESOLVE THAT Council adopt By-Law 3748 to amend By-Law 3701, being a by- law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. EXECUTIVE SUMMARY The Board of Directors of the Tillson burg Senior Centre requested the Town consider adding more barrier free spaces near the entrance to the Senior Centre. Operations staff prepared some options. The Director of Parks and Recreation presented them to the Board, which has considered the alternatives and advised the town of their preferred option. This report requests Council amend By-Law 3701 to authorize the implementation of five (5) additional barrier free spaces in the lane between the Senior Centre and the Lions Auditorium. CONSULTATION/COMMUNICATION The two options developed by Operations include the one selected and the conversion of four (4) regular parking spots on the south side of Hardy Avenue. This option would require the elimination of parking on the north side to provide adequate lane width for the barrier free spots. The Senior Centre Board were provided with the options and decided that the elimination of regular parking on Hardy Avenue would be an unpopular option. The chosen option requires that the secondary fire lane be reduced in length. This option was reviewed and approved by the Fire Chief before it was presented to the Senior Centre Board. 1/2 DCS 13-58 -Additional Barrier Free Parking at TCC CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3748 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701, regarding accessible parking lots. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: I. THAT SCHEDULE 19-PARKING LOTS shall be amended as follows: Remove: I Community Centre Replace with: Community Centre Add: Community Centre I First Four Spaces East of Senior Citizens Entrance First Six Spaces East of Senior Citizens Entrance-North side of One Wa Access. Three Spaces east of the Seniors Citizens Entrance at the easterly limit of South Side of the One Wa Access. THAT these amendments to By-Law 3701 are hereby declared to be part of that By-Law as if written therein. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. WHERAS it is deemed necessary and expedient to amend By-Law 3701, additional accessible parking spaces at the Community Centre. Read a first and second time this day of August, 2013. Read a third time, passed, signed, sealed and numbered 3748 this day of August, 2013. Mayor-John Lessif Clerk-Donna Wilson Nll II ',: 1 N(l 1'1\r\KINC; ',1/\11~, IIIMIN/\IIIl IN fiWNI Cll 1111 ',INIClf\ UNii\1 L' .• 'i [XIR/\ 1-1/\NUIC:i\I'I'I:U ',1/\U:, Wll.l. HL i\UIJUl IN ![,(JNI ()I ill[ M/\IN I..Nil,i\1\IU ~(Jlf~onbur0 ~;k@bJ/~~ TOWN OF TlLLSON8URG OP~RATIOi"fSSER\·le&.o;; CUbTOMER SERVlCR CENTR!i'. OPTION 3 ~~-~';~~~ 1~~~~3~1~ PROPOSED LOADING AREA 1 of Nll I I ', 1 NCl I'AI\KIN(, :,1/\IJ~, UIMIN/\I[]J IN 11\CJNT ()1: IHI. ~)I:NIUI'' Cl-1\1:1-:~ ;1 'i lXII\;\ 11/\NIJICi\l'f"lll ',1/\11', Will Ul i\fliJIU IN 1-1\CJNT Ui Till M;\IN INII\/\1\111 ~afl(&,onburo ~,ok~ki!F-~ 1.,.,, TOWN OF T!LLSONBURG I ~ t>PERA TIONS SERVlCE.'i CUSTIQMF,R SER\'lCK CENTRlr, OPTION 3 lUWN or lll.! '~ONF3Uf~C HARDY AVENUE PROPOSED LOADING AREA 1 of j ;:,'~1,..!;. l~ N() II NO l'i\I~KII\i!, ';1/\li , 1 i IMIN/\11 I) IN I I~ClNi !II II II ',II'JICll\ ( i 1\111\1 I X II\/\ lli\NIJII AI 'I 'I I) ',I /\1 I , WII I I II 1\lllll I I IN I 1\Cil\11 !JI II II 'viA, IN IN li~N~!.I II II 11~ II 12,30 HARDY AVENUE II 'li I, II !0,50 ..-/ /~! 1 1 ( 11.35 12.35 l ((r II II ~~UNHlJI\C COMMl INIIY U Nl f h' ! I 1 1ll I ill Ill I I -~~~ 1 9rv ', 9rv 1 ~-r 10.55 9.3 ., . lj 1 .. ~ ~Oll(&,onbur0 ~;ke~kllj§!!!t~ TOWN OF TJLLSONBURG OPER-\'I'JONS SERVI(;ES CUSl'OMERSJ<:RVICE CENTR.Jo: 10 l1~GM< AVlN\Il, lll.I.$()NI~UIII,. UNTAfl!r) N4(, ~~~ , I I I I 4.9 I , I I -6.5--5.5------. II OPTION 3 )(lWN I Ill' ,()N[~IJI,'l HARDY AVENUE PROPOSED LOADING AREA 1 of 1 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: SIGN VARIANCE -LANDMARK HOMES DCS 13-59 Geno Vanhaelewyn, Chief Building Official COUNCIL MEETING AUGUST 12, 2013 -VARIANCE REQUEST -SITE PLAN, ELEVATION -EMAIL COMMENT RESOLVED THAT Council receive report DCS 13-59 Sign Variance -Landmark Homes for information; and FURTHER RESOLVE THAT a variance to Sign By-Law 2976 be granted for the construction of a temporary 2 sided 6 feet x 3 feet x 6 feet high subdivision promotional directional sign located within the Town road allowance on the East side of Quarter Town Line just north of William Street; and FURTHER RESOLVE THAT Council authorizes staff to enter into an encroachment agreement with the subdivision owner for the placement of the temporary sign. EXECUTIVE SUMMARY Building Services received a request from the developer's real estate agent for the construction of a subdivision promotional directional sign within the Town's road allowance. This is a follow up to Report DCS 13-24 that was presented to Council on May 13, 2013. The applicant has redesigned the proposed sign to be much smaller in size compared to the previous proposal. A review of the revised request revealed that the proposed sign and location would not comply with Sign By-Law 2976 and therefore could not be processed/issued. The applicant was aware of this and is once again requesting that the sign proposal be considered with the reduction in size for a variance to the Sign By-Law. An email from the owner's agent (Chris DeCiark -Century 21) along with the proposed signage outlining the request has been attached to this report. Based on the information provided and the purpose of the signage; staff feels that this variance is minor in nature, relates to the Town's residential marketing initiative, is temporary and will not affect the overall intent of Sign By-Law 2976. Therefore; staff recommends that the sign variance requested by Landmark Homes for a temporary 2 sided 6 feet x 3 feet x 6 feet high subdivision promotional directional sign located within the Town road allowance on the East side of Quarter Town Line just north of William Street be granted and that the subdivision owner enter into an encroachment agreement with the Town. FINANCIAL IMPACT /FUNDING SOURCE No financial impact. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Geno Vanhaelewyn David Samis Page 3 I 3 Date: July 26/13 Date: July 29/13 Date: CAO Heritage ·way Sign chris.declark to: GV anhaelewyn 06/28/13 03:43PM Hide Details From: <chris.declark@century21.ca> To: <G V anhaelewyn@tillsonburg.ca>, Security: .Page 1 of r· :·. To ensure privacy, images from remote sites were prevented from downloading. Show Images 1 Attachment -~ .. ~~l ;_. model sign.pdf Hi Gino, We would like to make another signage proposal for Heritage Way subdivision. The sign would be in the same spot as our previous request. We have altered the sign to be 3ft high by 6ft wide, and be a flat panel two sided sign. It would be around 1 inch thick. We are proposing the sign to start at the top ofthe guardrail. This is more of a low profile sign that is similar to other developments in the area. I will attach the rendering ofthe sign at the lpcation. ; Let me know if you have any questions or concerns, Take Care Chris Chris DeCiark 1 Branch Manager CENTURY 21 HERITAGE HOUSE 86 Broadway Street, Tillsonburg Ontario, N4G 3P6 Direct Line: 519·983·7000 I Fax: 519-688-0633 I E·Mail: chris.declark@century21.ca www.tiilsonburgreSllt.Qr.ca . ····-···l ~Xi De~.;;~.:f:pJon. JtJ Is it really necessary to print this e-mail? Think green ... {his e-mail message contains confidential information intended only for the use of the individual or entity named above. Any unauthorlled use or disclosure Is strictly prohibited. If you have: received this communic:ation in error ptease immediately delete tbe e-mail and either notify the sender at the above e-mail address or by telephone at YOUR PHONE. file:/ /C :\Documents and Settings\gvanhaelewyn\Local Settings\ Temp\notes6CDBDA \~web022l.h... 7/26/2013 LANDMARK HOMES-WILLIAM STREET SUBDIVISION SIGN VARIANCE (6'-0 x 3'-0 x 6'-0 High 2 sided Sign) SITE PLAN Sign Variance Request r r to: Gena Vanhaelewyn/Tillsonburg 07/28/13 06:49 PM Cc: Hide Details From:•••••••••••••l' To: Gena Vanhaelewyn/Tillsonburg <gvanhaelewyn@tillsonburg.ca>, Cc: Page 1 of I Re your notice of SIGN VARIANCE REQUEST of 24 July 2013, received 26 July 2013. We recognize there has been an attempt at a compromise ofthe SIGN VARIANCE REQUEST of 15 April 2013. Although smaller in dimension (3ft. high by 6ft. ) compared to the original dimension (8ft. by 8ft.& 12ft. high), the objection to the sign remains. The new sign request being placed behind & above the barrier will be nearly 6ft. high & still obstruct our view of Quarter Town Line. Why not a sign like the one @the corner of Baldwin St. & Quarter Town Line that advises of the model homes & construction traffic entrance. This sign is low to the ground, bright red/yellow in colour, highly visible, informative & does not obstruct either anyone's view or line of site. It also has the advantage of being on the )>ide of Quarter Town Line to which the sign's message applies. Our objections to the SIGN VARIANCE REQUEST have not been answered by a change to a slightly smaller sign that is still obstructive & on the wrong side of the road to which the sign pertains! A sign as mentioned above @the corner of Baldwin St. & Quarter Town Line in front of the barrier & of similar height above the ground would be acceptable. Regards J 0 ur ga':g a Jaalng Litts sat OZ1ih!QH II di¢ !lLCtSS&&&& 3 II II IIlii STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Lease Extension-31 Earle Street Report No.: DCS 13-60 Author: DAVID SAMIS Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: AGREEMENT RECOMMENDATION RESOLVE THAT Council receives Report DCS 13-60; FURTHER RESOLVE THAT Council approve the attached agreement and authorize the Mayor and Clerk to enter into the lease extension with Infrastructure Ontario; and FURTHER RESOLVE THAT Council direct staff to take the additional rental amount into reserves for future capital costs at the subject facility. EXECUTIVE SUMMARY Recently staff were contacted by Infrastructure Ontario representatives about the lease extension for the subject property located at 31 Earle Street. Staff via a commercial transaction broker entered into negotiations for the lease extension. BACKGROUND On January 17, 2009, the municipality entered into a lease arrangement with the Ontario Realty Corporation for the subject lands. The initial lease terms were as follows: Net Rent: $62,485.00/year-$5,207.08/month -$5.00/sq. ft. Rentable Area: 12,497 sq. ft. Extension Terms: Three terms of five years each, upon six months notice Termination Option: None in favour of the Tenant L11794 LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in triplicate as ofJanuary 17,2014. BETWEEN: WHEREAS: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Landlord") OF THE FIRST PART -and- HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (the "Tenant") OF THE SECOND PART A. By a lease dated January 17, 2009 (the "Original Lease"), the Landlord leased to Her Majesty the Queen in right of Ontario as represented by the Minister of Energy and Infrastructure ("MEl") the premises known as the entire floor, comprising a rentable area calculated to be twelve thousand, four hundred and ninety-seven (12,497) square feet (the "Rentable Area of the Premises"), in the building municipally known as 31 Earle Street (the "Building"), in the Town of Tillsonburg, in the Province of Ontario, as outlined on the plan attached to the Original Lease as Schedule "B" thereto (the "Premises") for a term of five (5) years, commencing on January 17, 2009 and expiring on January 16, 2014 (the "Term"), in addition to other terms and conditions as set out therein. B. Pursuant to the terms of the Original Lease, MEl was entitled to extend the Term for three (3) additional terms of five (5) years each. C. By Order-in-Council No. 1320/2010, approved and ordered September 15, 2010, all the powers and duties of MEl relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister oflnfrastructure (the "Minister"). D. Ontario Infrastructure and Lands Corporation ("OILC") has been delegated the Minister's authorities and responsibilities with respect to real property in the name of the Minister subject to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands Corporation under the Ministry oflnfrastructure Act, 2011 dated June 6, 2011. E. By a letter dated July 16, 12013, the Tenant exercised its right to extend the Term in accordance with the terms of the Original Lease with an extension term commencing on January 17, 2014 and expiring on January 16, 2019 (the "Extension Term"). F. The Original Lease provides that any such extension shall be upon the same terms and conditions of the Original Lease, except for the amount of the Net Rent, which shall be determined by mutual agreement. G. The Landlord and the Tenant have agreed on the amount of the Net Rent for the Extension Term. H. The Original Lease and this Lease Extension and Amending Agreement are hereinafter collectively referred to as the "Lease", except as specifically set out herein. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows: Lll794 • 31 Earle Street, Tillson burg -LEAA -untracked -July 25 2013 - 3 - ""Landlord's Taxes" means all taxes, rates, duties, levies and assessments whatsoever whether municipal, provincial, federal or harmonized, charged upon the Building and the Lands, or upon the Landlord on account thereof, including all taxes, rates, duties, levies, impost charges and assessments for local improvements, education and schools and all taxes, grants or assessments which may in future be levied in lieu of "Landlord's Taxes" as hereinbefore defined, and including any local improvement charges or levies directly or indirectly related to the development of the Building. Landlord's Taxes include, without limitation, Realty Taxes, business taxes of the Landlord, corporation taxes, capital taxes, excise taxes, Sales Taxes, income taxes, Commercial Concentration Tax, or any other taxes or assessments levied against the Landlord, the Building, the Lands, or the Rent. "Sales Taxes" means all business transfer, multi-usage sales, sales, goods and services, harmonized sales, use, consumption, value-added or other similar taxes imposed by the Government of Canada and/or Ontario upon the Landlord, or the Tenant, or in respect of this Lease, or the payments made by the Tenant hereunder or the goods and services provided by the Landlord hereunder including, without limitation, the rental of the Premises and the provision of administrative services to the Tenant hereunder." (b) The Landlord and the Tenant agree that the Tenant has two (2) remaining further options to extend the term of the Lease for five (5) years each (each a "Further Extension Term"). Each Further Extension Term shall be upon the same terms and conditions ofthe Original Lease, as extended, renewed or amended, as the case may be, except that there shall be no further right of extension beyond the last Further Extension Term and except for the Net Rent, which shall for each Further Extension Term be based upon: (I) the Rentable Area of the Premises, and (2) the Market Rental as of the date which is six (6) months prior to the commencement of the respective Further Extension Term. The Net Rent for each Further Extension Term shall be determined by mutual agreement as of the date which is six (6) months prior to the expiry of the Extension Term or the respective Further Extension Term, as the case may be, or failing such agreement, by arbitration in accordance with Section 6.13 ofthe Lease. The Tenant shall give written notice to the Landlord of its extension of the Lease at least six (6) months prior to the end of the Extension Term or the respective Further Extension Term, as the case may be. (c) The Original Lease is amended as follows: (i) Subsection (g) of the Summary is deleted in its entirety and replaced with the following address for the Tenant for the purposes of delivering notices in accordance with Section 6.17 of the Original Lease, as amended: Ontario Infrastructure and Lands Corporation One Stone Road West, 4th Floor Guelph, Ontario N1G 4Y2 Attention: Vice President, Asset Management Fax: (519) 826-3330 With a copy to: Ontario Infrastructure and Lands Corporation 777 Bay Street, Suite 900 Toronto, Ontario M5G 2C8 Attention: Director, Legal Services, Leasing and Facilities Management Fax: 416-326-2854 And an additional copy to: CBRE Limited Global Corporate Services 18 King Street East, Suite 1100 Toronto, Ontario M5C 1C4 Attention: Director, Lease Administration-Ontario Infrastructure and Lands Corporation - 5 - (c) Capitalized expressions used herein, unless separately defined herein, have the same meaning as defined in the Original Lease. (d) The provisions of this Lease Extension and Amending Agreement shall be interpreted and governed by the laws of the Province of Ontario. (e) The Landlord acknowledges and agrees that the commercial and financial information in this Lease Extension and Amending Agreement is subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended. EXECUTED by each of the parties hereto under seal on the date written below. SIGNED, SEALED AND DELIVERED Dated this _day of _____ ,, 20 _ THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Authorized Signing Officer Per: Name: Title: Authorized Signing Officer Dated this _day of _____ , 20 _. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: Authorized Signing Officer STAFF REPORT DEVELOPMENT 8r. COMMUNICATION SERVICES Title: AIRPORT HANGAR LAND LEASE Report No.: DCS 13-61 Author: DAVID SAMIS Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: LAND LEASE AGREEMENT RECOMMENDATION THAT Council receive Report DCS 13-61 Airport Hangar Land Lease; FURTHER THAT the Mayor and Clerk be authorized to enter into a lease agreement with Vernon Patrick Hinks for the construction of a 3,072 square foot hangar at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2033 subject to the terms and conditions contained within the lease agreement. EXECUTIVE SUMMARY Airport Staff have been pursuing this opportunity since interest was expressed by the tenant earlier in 2013. This will be the 16th hangar constructed at the airport. This tenant will occupy the taxiway to the furthest west of the airport operational area. The lease agreement has been reviewed by external legal counsel and the proposed location has been developed in consultation with CJDL Engineering. Staff will continue their business development efforts both in terms of seeking out additional opportunities to expand the airport tenant base as well as potential partnership opportunities based on this new opportunity. FINANCIAL IMPACT /FUNDING SOURCE The lease has been calculated at a rate of $0.2905 per square foot annually. Based on a 3,072 square foot hangar size, the proposed revenue will be $974.4 plus HST annually. The tenant has agreed to extend the .hydro under the taxiway to open hydro servicing to this side of the taxiway and to pay for any grading under the new structure. CAO WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) Made this __ day of July, 2013. BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor'') -and- Vernon Patrick Hin~s (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property'') in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 48 feet wide by 64 feet. deep. comprising of approximately 3,072· square feet and a connecting office space of 12 feetwide •bY·24 ~deep comprising .of approximately 288 square feet for a total of 3;360 square feet more or less as marked on Schedule "A" (the "Premises") to construct a new airplane hangar (the "Hangar''). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Rent"): For every year of the Term, the sum of $974.40 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st. 2014 and every 1st day of January thereafter. The Parties further agree that the Base Rent shall be annually increased each and every year, on the anniversary of the commencement of the term, by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: 3 (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an airport hangar for the storage and repair (subject to paragraph 5(3)(d)) of airplanes without the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Constitute a nuisance; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Paragraph or Paragraph 5(2)(e) or as a result of the Septic Bed then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Airport Administrator of any changes or activities inside or outside the Hangar; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, 0) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to build and maintain (1) aircraft hangar on the Premises Lessor's Initials Lessee's Initials ___ _ 5 (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee of the Property, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or Notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of the inside or outside of the Hangar unless it is located along the facade of the Hangar's front provided it complies with the Lessor's signage requirements and the complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. Lessor's Initials Lessee's Initials ___ _ 7 (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar unless the Lessee agrees to remove the Hangar, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this paragraph and paragraphs 10(3) and 10(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. (3) The Lessor shall have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease then the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall have an option to purchase the Hangar for the fair market value at the time of the purchase. If the Lessor should not purchase the Hangar then the Lessee may sell the Hangar to a third party purchaser. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) The amount of Rent being paid; (c) The dates to which Rent has been paid; (d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and, (f) Particulars of any subtenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor's interest in the property. (2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee's rights to any such charge, and will, if required, attorn to the holder of the charge. Lessor's Initials Lessee's Initials ___ _ 9 (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Witness Witness Lessor's Initials ___ _ Per: Lessor John Lessif, Mayor The Corporation of the Town ofTillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. Vernon Patrick Hinks I have authority to bind the Corporation I have authority to bind the Corporation Lessee's Initials ___ _ STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Urban Design Criteria Checklist Report No.: DCS 13-66 Author: David Samis Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: DRAFT CRITERIA AND APPLICATION FORM RECOMMENDATION "Resolve that Council receives report DCS 13-66 Urban Design Criteria Checklist. Further resolve that Council approve the attached application and criteria." EXECUTIVE SUMMARY This report outlines the next step in the urban design guidelines that Council approved earlier in 2013. HISTORY/BACKGROUND In May of 2013 Council approved the urban design guidelines. As part of the design guideline roll-out was a grant program that was included in the Department of Development and Communication Services Budget of $25,000 to be used in partnership with the BIA to develop a grant incentive program to act as a "carrot" for the Urban Design Guidelines. In June of 2013, Council in partnership with the BIA authorized the hiring of a consultant for the approximate cost of $10,000 to further assist in the roll-out of the grant program and assist in facilitating the program to property owners in the design study area. To date, indications from the consultant are that there is a lot of potential interest in the program. As a result there is a need now for Council to approve the recommended criteria in further detail as well as the attached application form. CAO Finance Name/Signature 3 DATE: CAO BUILDING & PLANNING SERVICES The Corporation of the Town of Tillson burg Tillsonburg BIA Facade Improvement Program Grant Application Guide Properties located in the Town of Tillson burg downtown Business Improvement Area (BIA}, as shown on the map below, are eligible for grants under the Fa«;ade Improvement Program. Building owners or authorized tenants in the area may apply for grants under this program. Before applying, please contact Geno Vanhaelewyn, Chief Building Official of the Town of Tillsonburg (519) 842-9200 for more details. The following criteria will be considered in assessing each Application: • The extent to which a project improves the overall appearance of the property and contributes to nearby buildings. • Consistency with the Town of Tillsonburg Urban Design Guidelines and the original architectural design of traditional and Victorian buildings. • Overall benefit to the downtown and consistency with the by-laWs and other applicable policies , This Application will be received and reviewed by the Town's Fa«;ade Improvement Committee who will provide a .1 recommendation to the Town of Tillson burg Council regarding eligibility for a Fa~de Improvement Grant for any BIA property owner. CUSTOMER SERVICE CENTRE 10 Lisgar Ave., Tillsonburg, ON N4G 5A5 Tel: (519) 842-9200 Fax: (519) 688-0759 www.Tillsonburg.ca www.DiscoverTillsonburg.ca Fa~ade Improvement Program Grant Application PH: 519-842-9200 FX: 519-688-0759 For use by Principal Authority (Town of Tillson burg) Date Received: I Permit/ Application number: Application submitted to TOWN OF TILLSONBURG -10 Lisgar Ave. Tillsonburg, ON. N4G 5A5 ****ALL SECTIONS AND INFORMATION MUST BE COMPLETED IN ORDER FOR US TO PROCESS YOUR APPLICATION**** A. Project Information Building number, street name Unit number Lot/con. Municipality I Postal code I Existing use(s): Proposed use(s): Has the subject property been designed under the Ontario Heritage Act, R.S.O 1990, c. 0.18? 0 Yes 0 Which facades are to be improved and what is/are the approximate surface area(s) 0 Front 0 fF /0 m2 0 Rear o ft2!0 m2 0 Side o ft2/0 m2 Please choose the appropriate measure, square feet (ft2) or square metres (m2). Description of the proposed fa~ade improvement works: I B. Applicant Applicant 0 Owner or 0 Authorized Agent of Owner is: Last name I First name I Corporation or partnership Street address Unit number Lot/con. Municipality Postal code Province E-mail Telephone number Fax Cell number ( ) ( ) ( ) C: Owner (if different from applicant) Last name I First name I Corporation or partnership Street address Unit number Lot/con. Municipality Postal code Province E-mail Telephone number Fax Cell number ( ) ( ) ( ) D. Quotes Notice of Collection: Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection Act and will be part of the public record. No Application Eligibility & Submission Guidelines Please fill out the following checklist in order to accelerate the Application process PI ~ t th D . d P d I G "d r ease re er o e es1gn an roce ura Ul e lneS. A. Items Required For Approval Yes No Notes Completed application form 0 D Details on building materials to be used D D Details on colours to be used (paint, brick/stone 0 D colour, stucco, etc.) Architectural detailing 0 D General renovation details 0 D Detailed drawings of planned work 0 D Two (2) independent itemized quotes from qualified 0 D contractors* Property taxes in good standing 0 D Consultant Review and Approval 0 D )Outstanding work orders on Property 0 D 'Existing Municipal Loan/Grant program 0 D Additional Items, if Applicable for Approval Yes No N/A Notes Window and door type 0 D D Signage 0 D D Exterior lighting 0 D D Awnings 0 D D * .. The Committee may consider specialized work Wlth only one quote B. Consistency with Design Guidelines Proposed Works Yes No Notes Project is consistent with the original architectural 0 D desiQn of traditional buildings Project is consistent with the building's architectural 0 D style Project enhances building's architectural 0 D characteristics Project improves overall property appearance 0 D Project is consistent with and contributes to adjacent 0 D buildings Project is sympathetic to traditional facades 0 D Notice of Collection: Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection Act and will be part of the public record. Notice of Collection: Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection Act and will be part of the public record. STAFF REPORT PARKS AND RECREATION SERVICES Title: Encroachment Agreement at Tillsonburg Cemetery Report No.: PRS 13-13 Author: RICK COX Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12 Date: Attachments: • ENCROACHMENT AGREEMENT • PLAN MAP • OXFORD COUNTY BY-LAW NO. 5494-2013 • TOWN OF TILLSONBURG BY-LAW NO. 3752 RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-13 Encroachment Agreement at Tillsonburg Cemetery for information; and FURTHER RESOLVE THAT Council authorize the Mayor and Clerk to enter into the attached encroachment agreement; and FURTHER RESOLVE THAT a By-law be brought forward authorizing the encroachment agreement. EXECUTIVE SUMMARY The Cemetery Division has placed a pump shed in the North-West corner of the Tillson burg Cemetery to provide a supply of water to points in that part of the Cemetery. The water is supplied by a well. While assembling the required permits to arrange for power to be brought to the pump shed, staff determined that the pump shed was on County-owned land. This report requests Council's authorization to enter into an encroachment agreement with the County to allow the pump shed to remain in its current location. CONSULTATION/COMMUNICATION N/A FINANCIAL IMPACT /FUNDING SOURCE There is no financial impact to entering into the encroachment agreement. If Council declines to enter into the agreement, there will be some cost incurred (labour and disposal) to remove the pump shed and restore the area. 1/2 PRS 13~13-Encroachment Agreement atTillsonburg Cemetery.docx CAO STAFF REPORT PARKS AND RECREATION SERVICES Title: Culture Development Fund Application Report No.: PRS 13-15 Author: RICK COX & COLLEEN PEPPER Meeting Type: COUNCIL MEETING Council/Committee AUGUST 12, 2013 Date: Attachments: RECOMMENDATION RESOLVED THAT Council receive Report PRS 13-15 Culture Development Fund Application for information; and FURTHER RESOLVED THAT Council authorize staff to prepare and submit an application to the Culture Development Fund for $60,000 as the lead organization in a consortium with local cultural organizations; and FURTHER RESOLVED THAT Council commit the Town of Tillson burg to a contribution of $30,000 towards the project spread over the 2014, 2015 and 2016 fiscal years. EXECUTIVE SUMMARY The purpose of this report is to secure permission from Council to submit an application to the Ministry of Tourism, Culture and Sport's new Culture Development Fund by the September 6, 2013 deadline. The project is intended to develop governance and operational capacity within the cultural sector in Tillsonburg through a common support network called the Tillsonburg Cultural Improvement Alliance (CIA). The application would request $60,000 in matching funds over 2 years (April 2014-March 2016). Grant guidelines require a consortium of a minimum of 2 eligible organizations. The Tillsonburg District Craft Guild, Theatre Tillsonburg, and the Tillsonburg Historical Society are proposed as consortium partners for the application, and their respective Boards of Directors have met or are meeting in the next few days to make a decision on their commitment to the project. BACKGROUND During the second week of July, the Ministry of Tourism, Culture and Sport announced that applications for the new Culture Development Fund (CDF) were now being accepted and would be accepted until Sept. 6, 2013. The CDF is an annual $3 million program designed to strengthen cultural organizations and their leadership, with 4 key priorities: • Develop stronger boards and advisory committees 1/4 PRS 13-15 -Culture Development Fund Application.docx CAO • Develop leadership capacity by offering training in strategic planning, governance, donor relations, and project management • Develop a mechanism for more effective communication between cultural groups • Establish a database of cultural partners, volunteers and volunteer opportunities, • Implement a streamlined system for gathering and disseminating information about cultural events to the public (i.e. a full featured, shareable community calendar) • IdentifY opportunities to share costs and services (i.e. marketing, LT. services, payment processing, bookkeeping) • Represent the interests of cultural groups to various levels of government • Lead focus groups to aid in the development of enhanced cultural assets for youth and other underserved groups • Establish a virtual equipment & skills library It is anticipated that refinements to the objectives and details of the project will be made as the application is completed to enhance the likelihood of success and to ensure that eligibility requirements are complied with. COMMUNICATION/CONSULTATION An initial seeping meeting was held between Town staff and representatives of the Guild, Theatre Tillsonburg, the Historical society, the Chamber of Commerce, and the BIA. Arising from that, the Chamber and the BIA stepped back to supporting roles as the grant criteria exclude them from participating in the consortium. A second meeting was held to which the Board members of the Guild and Theatre Tillsonburg were invited (Historical Society leadership was away). At this meeting, the intent and scope of the project was fleshed out, and the organizations committed to taking the decision before their respective Boards (or Council) very quickly. Consultations are ongoing and it is hoped that the Historical Society will join the project as a member of the consortium once their Board can be brought into the discussion. The project outline has been reviewed with the Ministry consultant for consistency with grant program criteria and eligibility requirements. Internal discussions are taking place between the PRS and DCS departments as to the most effective way to support this initiative moving forward, consistent with departmental objectives, workload and Town structures. FINANCIAL IMPLICATIONS The pro-forma budget is below, and is subject to refinement, validation of costs and approval by members of the consortium of their respective contributions. Revenue Cash In-Kind Culture Development Fund $ 60,000.00 Town ofTillsonburg $ 30,000.00 $ 15,000.00 Tillson burg & District Craft Guild $ 5,000.00 $ 5,000.00 Theatre Tillson burg $ 5,000.00 $ 2,500.00 Tillsonburg Historical Society (TBD) $ 5,000.00 $ 2,500.00 Other (Partners, operational revenue) ---':-$---:-1==5-'-=,0-=-:00:.:.:.0:_::_0_-----:;$~5,c::.:OO:_::_O=.OO=----- $ 120,000.00 $ 30,000.00 Expenses Coordination(contract staff, consultants) Space Operations Projects PRS 13-15-Cu1ture Development Fund Application.docx $ 80,000.00 $ 7,500.00 $ 7,500.00 $ 25,000.00 $ 120,000.00 3/4 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 30,000.00 CAO TILLSONBURG BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT Minutes Marwood Lounge, Community Complex Wednesday May 1, 2013-7:00 p.m. 1. CALL TO ORDER The meeting was called to order by Chairperson, John Kirkland at 7:02p.m. Present: J. Kirkland, V. Armstrong, J. Mcintyre, C. Lamers, B. Stephenson, K. Causyn, L. Arnold, D. Rasokas, M. Renaud, C. Pepper Regrets: C. Tomico, K. West, T. Pond, C. Jezovnik, D. Sinden Guests: 2. DISCLOSURE OF PECUNIARY INTEREST OF THE GENERAL NATURE THEREOF-none 3. ADOPTION OF AGENDA Moved by J. Mcintyre Seconded by C. Lamers AND RESOLVED THAT THE AGENDA OF May 1, 2013 be adopted with addition of FIP, and Treasurers report. "Carried" Welcome to Kendall Causyn from Kelsey's. 4. Delegations -none 5. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Moved by L Arnold Seconded by J. Mcintyre AND RESOLVED THAT THE Minutes of April10, 2013 be adopted as written. "Carried" Follow up: to Adopt the Urban Design Study Resolution to adopt the Urban Design Study as a guideline document going forward. Moved by D. Rasokas Seconded by J. Mcintyre "Carried" M. Renaud cautioned the board on approving the total urban design study. There needs to be more guidelines that work with our vision moving forward. This item will be tabled until we talk about the FIP. i) Follow Ups Completed as above. 7. TREASURER'S REPORT-J. Kirkland The Treasurer's Report for April was presented by J. Kirkland. Moved by C. Lamers Seconded by M. Renaud AND RESOLVED THAT THE Treasurer's Report for April2013 be adopted as received. "Carried" 8. ROUNDTABLE B. Stephenson-noted the situation in Goderich, re: tornado D. Rasokas stated that we don't want to set a precedent. Agreed to put on the AGM agenda to ask for a donation from BIA members. C. Pepper suggested that perhaps we could do a bbq to raise money. C. Lamers -none D. Rasokas-if anyone has a phone at Turtlefest suggests that we take photos and get them on the facebook page V. Armstrong -none J. Kirkland-none D. Sinden -none C. Tomico-none C. Pepper-none M. Renaud -went to the OBIAA Conference, met Premier Wynne, we were asked to present at the Conference, FCB sold to Retro Corp Real Estate Investment Properties, M. Renaud has information on the boundary expansion. J. Mcintyre-none K. Causyn -none L. Arnold -none 9. DATE OF NEXT MEETING and ADJOURNMENT Next meeting: Annual General Meeting, Wednesday June 5, 2013-Dinner 6:30p.m. - Carriage Hall, meeting to be held at 7:30 p.m. Moved by D. Rasokas Seconded by J. Mcintyre AND RESOLVED THAT THE meeting be adjourned at 8:30p.m. "Carried" TILLSONBURG BUSINESS IMPROVEMENT AREA BIA AGM 2013 Minutes Carriage Hall, Tilllsonburg Wednesday June 5, 2013-7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chair, J. Kirkland at 7:30 p.m. Present: J. Kirkland, A. Kirkland, V. Armstrong, C. Hudson, G. Bruckler, C. Lamoure, J. Mcintyre, Jen Mcintyre, K. Miggens, R. Miggens, G. Connor, B. Bennett, M. Renaud, K. Causyn, D. Calder, D. Samis, J. Berzins, C. Jezovnik, T. Tomico, c. Tomico, L. Arnold, P. Arnold, C. Lamers, L. Magashazi, J. Magashazi, B. Stephenson, D. Rasokas, R. Kyle, J. Duncan, T. Pond, K. West, M. West, C. Pepper DISCLOSURE OF PECUNIARY INTEREST OF THE GENERAL NATURE THEREOF -none ADOPTION OF AGENDA Moved C. Tomico Seconded by M. Renaud AND RESOLVED THAT THE BIA AGM AGENDA OF June 5, 2013 be adopted as written. "Carried" 2. Opening Remarks -J. Kirkland J. Kirkland welcomed everyone to the AGM. Thank you to Flower Fountain for the beautiful table decorations. Thank you to Kelsey's for donating door prizes. J. Kirkland introduced the members of the Board, new Chair of the Promotions, C. Tomico, Committee, Executive Director, V. Armstrong. J. Kirkland opened the AGM with an explanation of what the BIA does and an outline of the BIA boundaries. The BIA encompasses the downtown core area from Venison St. on the south side to Bloomer St. and then from Lisgar Ave. to Rolph St. The BIA is responsible for beautifications in the core which includes benches, flowers, Heritage St. signs, bike racks, recycling containers and trees. The BIA installed 4 new recycle/waste containers this year, installed new Christmas lights on the downtown trees, cornstalks and bows in the fall, has partnered once again with Tillsonburg Turtlefest, collaborated with Community Living Tillsonburg in forming the Keep Downtown Tillsonburg Beautiful program, is currently implementing Wifi in the downtown, has planned Sidewalk Sales, and has booked advertising for events via Promotions include: Promotional Calendar for the year has been distributed and includes dates for upcoming events such as, Turtlefest June 14&15, 2013, Sidewalk Sales August 15-17, 2013, Christmas Promotions and ongoing advertising. Free advertising is available to merchants on the Downtown Tillsonburg Facebook page and twitter account. Cedric encourage members to "like" our facebook page. If you have a business Facebook page or Twitter account let a Promotions Committee member know. C. Tomico invited the membership to join the Promotions Committee and to bring their ideas to the table. J. Kirkland thanked the Turtlefest Block Party committee for all of their hard work to get this event going this year on such short notice. 5. NOMINATIONS J. Kirkland asked for nominations from the floor. There were no nominations. 6. Adoption of Constitution and Procurement Policy Moved by L. Arnold Seconded by C. Lamers AND RESOLVED THAT THE BIA Procurement Policy of June 5, 2013 be adopted as received. "Carried" Moved by B. Stephenson Seconded by D. Rasokas AND RESOLVED THAT THE BIA Constitution of June 5, 2013 be adopted as received. "Carried" 7. Introduction of Guest Speaker Juri Berzins-Urban Design Consultants • a Facade Improvement Committee has been struck -consisting of representation from the BIA, Historical Committee, Town of Tillsonburg, and Oxford County. • in partnership with the Town and BIA, there is $90,000 earmarked for the Facade Improvement Program Tillsonburg BIA Facade Implementation Project At the Annual General Meeting Juri Berzins, urban designer, presented to our membership, a project we are carrying out this year for the property owners of the BIA . MINUTES Town of Tillson burg Meeting for the Cemetery and Heritage Advisory Committee June 6. 2013 @ 3:30 p.m. Lions Den CALL TO ORDER: The meeting was called to order at 3:38 PM by Robert Marsden. MEMBERS PRESENT: Paul Decloet, Biff Jarvis, Robert Marsden, Susan Saelens, Brian Stephenson, Marian Smith, Maurice Verhoeve, Janet Wilkinson, Amber Zimmer MEMBERS ABSENT/REGRETS: John Armstrong, Kelly Batt, Judy Biro, Sandra Bray, Reg Butcher, Biff Jarvis DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF: None declared ADOPTION OF AGENDA: • Additions to New Business: Rolph Street School designation • Resolved That the agenda as prepared for this meeting be adopted with the additions as noted. Moved by Sue Saelens, seconded by Brian Stephenson. Carried. MINUTES & BUSINESS ARISING OUT OF THE MINUTES: • Resolved That the minutes of the meeting of May 2, 2013 be adopted as presented. Moved by Paul DeCioet, seconded by Sue Saelens. Carried. PRESENTATIONS/DEPUTATIONS 1. Due to continued technical difficulties, the Accessible Customer Service training video will be presented at the next meeting. NEW BUSINESS: 1. Terms of Reference-were reviewed. Goal #1 was changed to include "municipal register of places ... ". Goal #5-"to be sold" was removed from the sentence. The revised Terms of Reference are included with these minutes. 2. Report of Cemetery ad hoc committee. Chairman Paul DeCioet reported on the meetings that took place and presented a draft survey to be circulated to the public for feedback. An information letter will go to Council to advise the steps that are being taken to ensure the public provides their opinion on the sign. Amber Zimmer will collect the surveys and provide the results to the ad hoc committee. Ad hoc committee will bring recommendations back to the Committee in September. Resolved That the letter received from Reg Butcher be held considered after survey results are received. Moved by Brian Stephenson, seconded by Maurice Verhoeve. Carried. 3. Resolved That we proceed with the necessary requirements to designate the fac;:ade of Rolph Street School (excluding the gym extension) as a municipal heritage site (FYI -no support from owners). Moved by Sue Saelens, seconded by Paul DeCioet. Carried. Robert Marsden will prepare the report. 4. Resolved That an ad hoc committee by established for the purpose of identifying heritage/significant trees. Moved by Brian Stephenson, seconded by Janet Wilkinson. Carried. Chairperson-Marian Smith, members to include Paul DeCioet, Kelly Batt, Janet Wilkinson plus other members outside the committee. Accessibility Advisory Committee Minutes from the meeting of June 4, 2013 In Attendance: Mike Cerna, Michael Kadey, Helen Lamos-Parker, Amber Zimmer Regrets: Donna Acre, Irene Streng, Larry Streng, Councillor Stephenson 1) Meeting called to order by H. Lamos-Parker at 3:12pm 2) Approval of Agenda Moved by: Michael Kadey Seconded by: Mike Cerna Resolve that the agenda for the meeting of June 4, 2013 be adopted. "Carried" 3) Adoption of Minutes from meetings of January 23, 2013 and May 7, 2013 Moved by: Mike Cerna Seconded by: Michael Kadey Resolve that the minutes from the meetings of January 23, 2013 and May 7, 2013 be adopted. "Carried" 4) Disclosure of Pecuniary Interest: none were disclosed 5) Report on Accessibility Forum -A. Zimmer and H. Lamos-Parker gave update on the accessibility forum that they attended. -www.ontario.ca/accessON is a great accessibility resource 6) Terms of Reference: -Reviewed what the committee accomplished in the past two years and discussed future goals. -Committee will pass the following goals at the next meeting: 1. Conduct Site Reviews to determine accessibility of various locations including the Tillson burg Cemetery and Tillson burg Airport. 2. Ensure that the town facilities are accessible not only for users, but also for prospective employees. 3. Invite guests to meet with committee to gain more insight on accessibility issues in Tillsonburg. 4. Review Town Accessibility Plans and help with development for a new plan. 5. Increase awareness regarding accessibility and the accessibility committee throughout the Town. -Discussed possible 2 Year Plan & Timeline -Committee discussed getting free ads in paper and on radio regarding meeting time and location -Committee to look at geting other service organizations to meetings such as: -Harvest Homes, Multiservice Centre, Stonebridge, Community Living, Salvation Army, Senior Centre, Hickory Hills, Baldwin Place, Veteran Affairs representative Page 11 TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE MINUTES DATE: Thursday, June 13,2013 TIME: 7:30am LOCATION: Board Room, Customer Service Centre -10 Lisgar Ave Meeting was called to order at 7:32am. Committee Members in Attendance: Henry Spanjers, Randy Thornton, Lisa Gilvesy, Melissa Verspeeten, Ann Loker, Mike Bossy, Councillor Mel Getty, Mayor John Lessif Staff Present: David Calder, David Samis, Amber Zimmer, Geno Vanhaelewyn, Cephas Panschow, Colleen Pepper Regrets: Scott McLean, Cedric Tomico, Kirby Heckford, 1) Adoption of Agenda Randy Thornton -1st Henry Spanjers -2nd "Carried" Disclosure of Pecuniary Interest No disclosures of pecuniary interest were declared by the Committee 2) Adoption of Minutes Henry Spanjers -1st Mike Bossy -2nd "Carried" 3) Building Services Update-G. Vanhaelewyn -Geno Vanhaelewyn appeared before the Committee to present an update on building services in the Town. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone (519) 842-6428, Fax (519) 842-9431 www.tillsonburg.ca --Page 13 Resolution: RESOLVED THAT the Committee approves the goals to be incorporated into the proposed terms of reference. Randy Thornton -1st Melissa V erspeeten -2nd "Carried" 6) SWOT Analysis -M. Bossy -M. Bossy presented a draft SWOT analysis regarding strategic planning created by the sub- committee -Committee discussed the future of the development of a Town strategic plan. Resolution: RESOLVED THAT the Committee recommends to Council that they proceed with a municipal strategic plan including vision, mission, core values, and beliefs. Mike Bossy -1st Randy Thornton -2nd "Carried" The Development Committee will hold a special meeting being held on June 25th at 7:30am, at the Customer Service Centre, to discuss the SWOT analysis. 7) Residential Marketing Update-C. Pepper -Colleen Pepper appeared before the Committee to present an update on residential marketing in the Town including truck advertising, tradeshow booth, kiosks, and a merchant package. Staff to look at using the airport sign in Town branding. 8) North Street EA Update-D. Samis -D. Samis gave an update on the North Street EA work. 9) Development Charge Update, Vacant Land Inventory, Forecasts-D. Samis -D. Samis gave an update on the first development charges meeting and current vacant lands. Staff to report back to Committee on the last time taxes on vacant lands was adjusted. 10) Council Update List-D. Samis -D. Samis discussed relationship between the Committee and Council. -L. Gilvesy to attend June 241h Council meeting 11) Chamber Update-M. Bossy -Strategic Plan being finalized and then Chamber will present to the Committee. -Chamber is actively looking to find a permanent office space. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A 7, Telephone (519) 842-6428, Fax (519) 842-9431 www.tillsonburg.ca Page 11 TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE MINUTES DATE: Tuesday, June 25, 2013 TIME: 7:30am LOCATION: Board Room, Customer Service Centre -10 Lisgar Ave Meeting was called to order at 7:36am. Committee Members in Attendance: Henry Spanjers, Randy Thornton, Lisa Gilvesy, Melissa Verspeeten, Ann Loker, Mike Bossy, Scott McLean, Councillor Mel Getty, Mayor John Lessif Staff Present: David Samis, Amber Zimmer Regrets: Kirby Heckford, Cedric Tomico, David Calder 1) SWOT Analysis-M. Bossy -M. Bossy led a brainstorming session to create a SWOT analysis for a strategic plan for Tillsonburg. -M. Bossy will update the proposed SWOT analysis and present it at the next committee meeting. A recess was called at 8:55am The committee was called back to order at 9:03am 2) Date of Next Meeting -Thursday July 111h, 2013-7:30am 3) Adjourned at I 0:04am Randy Thorton-I st "Carried" CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 842-6428, Fax (519) 842-9431 www.tillsonburg.ca THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3758 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'SC-16' the zone symbol of the lands so designated 'SC-16' on Schedule "A" attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.16 LOCATION: NORTH EAST CORNER OF TILLSON AVE AND CONCESSION STREET (LOT 386, PLAN 500) SC-16 14.5.16.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-16 zone use any Jot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 14.1. 14.5.16.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-16 Zone use any Jot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.16.2.1 LOT FRONTAGE Minimum 26m (88ft) 14.5.16.2.2 LOT DEPTH Minimum 37m (123ft) 14.5.16.2.3 EXTERIOR SIDE YARD WIDTH Minimum 4.1 m (13.5ft) 14.5.16.2.41NTERIOR SIDE YARD WIDTH Minimum · 0.2 m (0.7 ft) 14.5.16.2.5 REAR YARD DEPTH The Corporation of the Town of Tillsonburg By-law Number 3758 Mayor-John Less if Town Clerk-Donna Wilson SCHEDULE "A" TO BY-LAW No. 3758 PART LOT 386, REGISTERED PLAN 500 TOWN OF TILLSONBURG METRES 5 25 0 10 15 20 L 0 T 3 8 7 37.76 s \)\) LLJ :::J 3: l!") z 0 LLJ 9&j CO \:J OJ > 8~ <( ,.;.; CV) z .; ') ('I z ()() 0 \)'\ <6 Vl ('I h ...J ...J \. 1\\\ a f--1-s: ? \. -..) ~ -<"'~$ "6'_>'70~ N78-28-30E 28.76 ~-~------------------------------~- D AREA OF ZONE CHANGE TO SC-16 NOTE: ALL DIMENSIONS IN METRES ~f?!if~i1!K,,,,h,, Produced By The Department of Corporate Services Information Systems ©2013 CONCESSION STREET EAST THIS IS SCHEDULE "A" TO BYLAW No. 3758 , PASSED THE 12 DAY OF August , 2013 MAYOR-JOHN LESSIF TOWN CLERK-DONNA WILSON THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNO. 3748 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701, regarding accessible parking spaces at the Community Centre; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: I. THAT SCHEDULE 19-PARKING LOTS shall be amended as follows: Remove: I Community Centre Replace with: Community Centre Add: Community Centre I First Four Spaces East of Senior Citizens Entrance First Six Spaces East of Senior Citizens Entrance-North side of One Wa Access. Two Spaces east of the Seniors Citizens Entrance at the easterly limit of South Side of the One Wa Access. THA Tthese amendments to By-Law 3 70 I are hereby declared to be part ofthat By-Law as if written therein. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. Read a first and second time this 12th day of August, 2013. Read a third time, passed, signed, sealed and numbered 3748 this 12th day of August, 2013. Mayor-John Less if Clerk-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3747 A BY-LAW to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 3701, regarding "Out of Court Penalties". BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Section 57 (1) (c), Out of Court Penalties listed in Schedule 2 I of this by-Law, shall be deleted. 2. THAT Schedule 21 -Out of Court Penalties, shall be deleted in its entirety. THAT this By-Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. Read a first and second time this 12th day of August, 2013. Read a third time, passed, signed, sealed and numbered 3747 this 121h day of August, 2013. Mayor-John Lessif Clerk-Donna Wilson THE CORPORATION OFTHETOWN OF TIU.SONBURG BY-LAW NUMBER 3752 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and County of Oxford. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with the County of Oxford to allow the encroachment of the current building located at Oxford Road No. 51; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIMETHIS 12"' DAY OF AUGUST, 2>1l READ A THIRD AND FINAL TIME AND PASSED THIS f1" DAY OF SEPTEMBER, al13. MAYOR-John Lessif CLERK -Donna Wilson ;.:;_:c,;;,:;-F~·-;:;: .. _:;;;;; __ ===========:;c.====================-::======;;:;;-;:; THIS AGREEMENT made this ____ day of ____ _ BETWEEN: COUNTY OF OXFORD, Hereinafter called the "County", And THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter called the "Town of Tillsonburg", WHEREAS the County are the owners of the lands and premises described in Schedule "A" hereto; AND WHEREAS the building located on the said lands encroaches onto the road allowance of the County identified as Oxford Road No. 51 (Simcoe St.); 1. The County agrees to allow the encroachment of the existing building (8'x1 0') to remain in the current location, so long as the County does not require the use of the land for more than a sight triangle; 2. In the event that the County requires the property for more than a sight triangle the County will provide written notice to the Town of Tillsonburg; 3~ A11y -~uch notice ~ill -~~-Pt~\fided no less than 365 days to rerns>VE:)the encro1:1ch111ent and return the property on which it was located to the state in which the lands of the surrounding the encroachment were prior to giving the notice; 4. All cost to remove the encroachment will be borne by the Town of Tillsonburg; 5. In the event that the now existing building is demolished pursuant to the issuance of a demolition permit, the Town of Tillsonburg shall comply with all zoning requirements in existence at the time of demolition. ~ II II/ l •uo•E'• PI .. AN 1 v/ .. ~· .oo /'J L -__,., ---;::: I - !I II ~I ·I " 0 z ,, '" ~ ~ ,~--------~I '------\\ . \.,\ ~I ~ 'I = lsi !1 l=t I ~~ 11 -~~ /.--~"-. 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GEOGRAPHIC TOWitS~IP 01' SOUTil NOiiW'ICH I l~i liU !i ~ ~l ~ :i. ~~.~; i1~ UE! ,~c HiE II'!~!· • I Ei;o ! 1 UH ·~' p• H• ~~ .. •"' ,~ll iii 1•1 tlh I -~~ !'• ~ ~ I ~~ • ii • ~-~" a;~ ~m HJ i~~· Ht "'~ i . a, .. 2dF2~~~~~[!!~ ~ =E 0 o r o ;! ::. ~ .... z~G>i2~ 1'11~"' -< .c; f'!~ C) "' 0 ~~~cn~6 g5ifB ~ o:::!ili~r-ijj ~-i"!!l ~ E ~=: ~ "~~~en "'o z(jj.c:n ao~ oz •oN-~z "' "'""~ !!!(') c:: 0 .. -.J :u~ ~ 0 Oi 'il!!! 8 a; lilo S:: ~ illz J1 o ~N f;i Oi " 0 [)l , ~ ~-w--.._ ~~ ~~I ~• ~ .. lfl if~i ;~ i~i F 1: ,: ~ ~ \ P-1 t : "' ..... ; ~ i • l ; . ~ r :;:; ~ "tJ I )>. z iii ~ l ~ .S ~ I • THE CORPORATION OF THE TOWN OF TillSON BURG BY-LAW NUMBER 3754 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Her Majesty The Queen in Right of Ontario as Represented by the Minister of Infrastructure. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Infrastructure in order to establish a lease extension on the property located at 31 Earle Street; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 1~ DAY OF AUGUST, 2)13. READ A THIRD AND FINAL TIME AND PASSED THIS f1" DAY OF SEPTEMBER, IDJ3. MAYOR -John Lessif CLERK-Donna Wilson Ll1794 LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in triplicate as ofJanuary 17,2014. BETWEEN: WHEREAS: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Landlord") OF THE FIRST PART -and- HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (the "Tenant") OF THE SECOND PART A. By a lease dated January 17, 2009 (the "Original Lease"), the Landlord leased to Her Majesty the Queen in right of Ontario as represented by the Minister .of Energy and Infrastructure ("MEl") the premises known as the entire floor, comprising a rentable area calculated to be twelve thousand, four hundred and ninety-seven (12,497) square feet (the "Rentable Area of the Premises"), in the building municipally known as 31 Earle Street (the "Building"), in the Town of Tillsonburg, in the Province of Ontario, as outlined on the plan attached to the Original Lease as Schedule "B" thereto (the "Premises") for a term of five (5) years, commencing on January 17, 2009 and expiring on January 16, 2014 (the "Term"), in addition to other terms and conditions as set out therein. B. Pursuant to the terms of the Original Lease, MEl was entitled to extend the Term for three (3) additional terms of five (5) years each. C. By Order-in-Council No. 1320/2010, approved and ordered September 15, 2010, all the powers and duties of MEl relating to real property matters of the Government of Ontario pursuant to the Ministry of Government Services Act, R.S.O. 1990, c.M.25, as amended, were transferred and assigned to the Minister oflnfrastructure (the "Minister"). D. Ontario Infrastructure and Lands Corporation ("OILC") has been delegated the Minister's authorities and responsibilities with respect to real property in the name of the Minister subject to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands Corporation under the Ministry oflnftastructure Act, 2011 dated June 6, 2011. E. By a letter dated July 16, 12013, the Tenant exercised its right to extend the Term in accordance with the terms of the Original Lease with an extension term commencing on January 17, 2014 and expiring on January 16, 2019 (the "Extension Term"). F. The Original Lease provides that any such extension shall be upon the same terms and conditions of the Original Lease, except for the amount of the Net Rent, which shall be determined by mutual agreement. G. The Landlord and the Tenant have agreed on the amount of the Net Rent for the Extension Term. H. The Original Lease and this Lease Extension and Amending Agreement are hereinafter collectively referred to as the "Lease", except as specifically set out herein. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows: L11794-31 Earle Street, Tillsonburg-LEAA-untracked-July 25 2013 - 3 - ""Landlord's Taxes" means all taxes, rates, duties, levies and assessments whatsoever whether municipal, provincial, federal or harmonized, charged upon the Building and the Lands, or upon the Landlord on account thereof, including all taxes, rates, duties, levies, impost charges and assessments for local improvements, education and schools and all taxes, grants or assessments which may in future be levied in lieu of "Landlord's Taxes" as hereinbefore defined, and including any local improvement charges or levies directly or indirectly related to the development of the Building. Landlord's Taxes include, without limitation, Realty Taxes, business taxes of the Landlord, corporation taxes, capital taxes, excise taxes, Sales Taxes, income taxes, Commercial Concentration Tax, or any other taxes or assessments levied against the Landlord, the Building, the Lands, or the Rent. "Sales Taxes" means all business transfer, multi-usage sales, sales, goods and services, harmonized sales, use, consumption, value-added or other similar taxes imposed by the Government of Canada and/or Ontario upon the Landlord, or the Tenant, or in respect of this Lease, or the payments made by the Tenant hereunder or the goods and services provided by the Landlord hereunder including, without limitation, the rental of the Premises and the provision of administrative services to the Tenant hereunder." (b) The Landlord and the Tenant agree that the Tenant has two (2) remaining further options to extend the term of the Lease for five (5) years each (each a "Further Extension Term"). Each Further Extension Term shall be upon the same terms and conditions of the Original Lease, as extended, renewed or amended, as the case may be, except that there shall be no further right of extension beyond the last Further Extension Term and except for the Net Rent, which shall for each Further Extension Term be based upon: (1) the Rentable Area of the Premises, and (2) the Market Rental as of the date which is six (6) months prior to the commencement of the respective Further Extension Term. The Net Rent for each Further Extension Term shall be determined by mutual agreement as of the date which is six (6) months prior to the expiry of the Extension Term or the respective Further Extension Term, as the case may be, or failing such agreement, by arbitration in accordance with Section 6.13 of the Lease. The Tenant shall give written notice to the Landlord of its extension of the Lease at least six (6) months prior to the end of the Extension Term or the respective Further Extension Term, as the case may be. (c) The Original Lease is amended as follows: (i) Subsection (g) of the Summary is deleted in its entirety and replaced with the following address for the Tenant for the purposes of delivering notices in accordance with Section 6.17 of the Original Lease, as amended: Ontario Infrastructure and Lands Corporation One Stone Road West, 4th Floor Guelph, Ontario NlG 4Y2 Attention: Vice President, Asset Management Fax: (519) 826-3330 With a copy to: Ontario Infrastructure and Lands Corporation 777 Bay Street, Suite 900 Toronto, Ontario M5G 2C8 Attention: Director, Legal Services, Leasing and Facilities Management Fax:416-326-2854 And an additional copy to: CBRE Limited Global Corporate Services 18 King Street East, Suite 1100 Toronto, Ontario M5C 1C4 Attention: Director, Lease Administration-Ontario Infrastructure and Lands Corporation -5- (c) Capitalized expressions used herein, unless separately defined herein, have the same meaning as defined in the Original Lease. (d) The provisions of this Lease Extension and Amending Agreement shall be interpreted and governed by the laws of the Province of Ontario. (e) The Landlord acknowledges and agrees that the commercial and financial information in this Lease Extension and Amending Agreement is subject to the Freedom of Information and Protection o[Privacy Act, R.S.O. 1990, c.F.31, as amended. EXECUTED by each of the parties hereto under seal on the date written below. SIGNED, SEALED AND DELIVERED Dated this _day of _____ , 20 _. THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Authorized Signing Officer Per: Name: Title: Authorized Signing Officer Dated this _day of _____ , 20 _. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Title: Authorized Signing Officer THE CORPORATION OFTHE TOWN OF TJU.SONBURG BY-LAW NUMBER 3755 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillson burg and Vernon Patrick Hinks. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Vernon Patrick Hinks for the purposes of establishing a land lease for an airport hangar; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 12"' DAY OF AUGUST, 2l'll READ A THIRD AND FINAL TIME AND PASSED THIS 9" DAY OF SEPTEMBER, 2)13. MAYOR-John Lessif CLERK-Donna Wilson WHEREAS LEASE (AIRPORT-LAND LEASE FOR HANGAR) Made this __ day of July, 2013. BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor'') -and- Vernon Patrick Hinks (hereinafter referred to as the "Lessee") The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7, Concession 7 Dereham (the "Property") in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 48 feet,wide by 64 feet deep comprising ofappr:!iJximately 3;072 squJ~re feet $nd a connecting .office sp;;~QEI Of 12 feet wide by 24 .feet deep comprising of approximately 288 square feet for a total of3;360 square feet more or less as marked on Schedule "A" (the "Premises") to construct a new airplane hangar (the "Hangar''). The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) At the Rent set forth in Section 2; (b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 2. RENT (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor, during the Term of this Lease rent as follows (the "Base Rent"): For every year of the Term, the sum of $974.40 per annum plus H.S.T. (based upon $0.2900 per square foot of building area), and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 151 then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 151 day ofthe year commencing on January 1st, 2014 and every 1st day of January thereafter. The Parties further agree that the Base Rent shall be annually increased each and every year, on the anniversary of the commencement of the term, by the Consumer Price Index for the Province of Ontario as established by Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage. (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and mortgage payments) and to effect the said intention of the parties the Lessee promises: 3 (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall sign a guarantee to be bound by the terms of this Lease. 5. USE (1) During the Term of this Lease the Premises shall not be used for any purpose other than as an airport hangar for the storage and repair (subject to paragraph 5(3)(d)) of airplanes wHhout the express consent of the Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms ofthis Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) Constitute a nuisance; (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and, (f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Paragraph or Paragraph 5(2)(e) or as a result of the Septic Bed then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) Not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; (b) Comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; (c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars and parking areas; (d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft; (e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and related aircraft items; (g) Not store any flammable products inside the Hangar or on the Premises with the exception of fuel or necessary aircraft related products; (h) Notify the Airport Administrator of any changes or activities inside or outside the Hangar; (i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee's contractors, employees, agents, customers and invitees; and, 0) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. (4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the Hangar as agreed between the Parties. (5) The Lessee shall be permitted to build and maintain (1) aircraft hangar on the Premises Lessor's Initials Lessee's Initials ___ _ 5 (4) The Lessee shall immediately give written notice to the Lessor of any substantial damage that occurs to the Premises from any cause. (5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee's use of the Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including aircraft, as a result of the Lessee's use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee of the Property, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its agents, customers, employees, contractors or invitees. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee's business but not including erecting a new hangar or any other building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) No sign, advertisement or Notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of the inside or outside of the Hangar unless it is located along the facade of the Hangar's front provided it complies with the Lessor's signage requirements and the complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. Lessor's Initials Lessee's Initials ___ _ 7 (5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Lessor shall have the right to terminate this Lease by giving ninety (90) clear days' notice (the "Notice") in writing to the Lessee and, at the Lessee's option, the Lessor shall pay to the Lessee the fair market value for the Hangar unless the Lessee agrees to remove the Hangar, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this paragraph and paragraphs 10(3) and 10(4) fair market value shall be determined as of the date of the issuing ofthe Notice. (2) If the Lessee remains in possession of the Premises after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the tenns and conditions of this Lease except those regarding the Term. (3) The Lessor shall have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected by the Lessee, unless the Lessee agrees to remove the Hangar, and the Lessee shall provide such vacant possession upon the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease then the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall have an option to purchase the Hangar for the fair market value at the time of the purchase. If the Lessor should not purchase the Hangar then the Lessee may sell the Hangar to a third party purchaser. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) The amount of Rent being paid; (c) The dates to which Rent has been paid; (d) Other charges payable under this Lease which have been paid; (e) Particulars of any prepayment of Rent or security deposits; and, (f) Particulars of any subtenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises fonn part, whether the charge is in the nature of a mortgage, trust deed, lien or any other fonn of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor's interest in the property. (2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee's rights to any such charge, and will, if required, attorn to the holder of the charge. Lessor's Initials Lessee's Initials ___ _ 9 (4) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. (6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. (7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Witness Witness Lessor's Initials ___ _ Per: Lessor John Lessif, Mayor The Corporation of the Town ofTillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Vernon Patrick Hinks I have authority to bind the Corporation I have authority to bind the Corporation Lessee's Initials ___ _ THE CORPORATION OFTHETOWN OFTIU.SONBURG BY-LAW NUMBER 3756 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillson burg and the Multi- Service Centre. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Multi Service Centre to use lands municipally known as 30 Bloomer Street for the purpose of Community Garden Plots; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 1~ DAY OF AUGUST, 2>13. READ A THIRD AND FINAL TIME AND PASSED THIS 1~ DAY OF AUGUST, 2>13. MAYOR -John Lessif CLERK-Donna Wilson 10. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party by giving notice, in writing, ninety {90) days prior to the termination date or the expiration of the lease term. 11. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 12. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3757 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That By-Law Number 3750, Being a By-Law to Amend By-law No. 3295, is hereby repealed. 2. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1A-14', 'R1A' and 'R2-9' the zone symbols of the lands so designated 'R1A-14', 'R1A', and 'R2-9' on Schedule "A" attached hereto. 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 1 ih day of August, 2013. READ a third time and finally passed this 1 ih day of August, 2013 Mayor Clerk SCHEDULE "A" TO BY-LAW No. 3757 PART LOT 7 CONCESSION 12 (DEREHAM) PART OF PART 1, REFERENCE PLAN 41 R-7974 LOTS 1 THROUGH 52 AND BLOCKS 53, 54 AND 55 REGISTERED PLAN 41 M-286 TOWN OF TILLSONBURG w z z s 0 1-a.::: w 1-a.::: <( :J 0' I lo ILD 10 L(Y) IN~~~~ I I ~-~~~~~ I ~~~~~~- 1 L~~~~~ I I ! r~ I I I I I ~~ I I I I ~.!t>l Is 10 ILQ :~ Iori I~ i s 0 001 ~<X? <teo ,.!too '<""i ----25 12.5 0 _.J..---JI---1-z ..,..__. ....... ]_~OLIN lAVE ------R1 A-14 R1A I , l'-~~111_7!.:_3_!5.:_19[0~~~~~~---------1 _______ ~30_.78 ___ _ BALDWIN STREET METRES 25 50 75 100 I R2-9 I AREA OF ZONE CHANGE TO R2-9 IR1A-141 AREA OF ZONE CHANGE TO R1A-14 1 R1A I AREA OF ZONE CHANGE TO R1A THIS BY-LAW IS INTENDED TO ENCOMPASS PART OF DRAFT PLAN OF SUBDIVISION 32T-06005 NOTE: ALL DIMENSIONS IN METRES lxf~S~;;i~~~,",d"' Produced By The Department of Corporote Services Information Systems ©2013 THIS IS SCHEDULE "A" TO BYLAW No. 3757 , PASSED THE 12 DAY OF August , 2013 MAYOR-JOHN LESSIF TOWN CLERK-DONNA WILSON THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3753 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 12th day of August, 2013 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 Tillson burg 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 Tillson burg at its special meeting and regular meeting held on August 12, 2013, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 1zih DAY OF AUGUST, 2013. MAYOR-John Lessif TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: August 12, 2013 RESOLUTION NO.: 1 MOVED BY: THAT the Agenda as prepared or the Council Meeting of August 12, 2013, be adopted. D Recorded Vote D Defeated D Deferred D Tabled Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: August 12, 2013 RESOLUTION NO.: 2 MOVED BY: THAT Council move into Closed Ses · , to consider: Matters relating to a proposed or pending acquisition or disposition of land by the Municipality (TVDSB), and Matters relating to a proposed or pending acquisition or disposition of land by the Municipality (Potential Land Sale). 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ____!f!..__ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: August 12, 2013 RESOLUTION NO.: 3 .~··· MOVED BY: THAT the Minutes of the Council Meeting of July 8, 2013 be approved. [J2( Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: -----'5=---Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receives County Report CASPO 2013-210; AND THAT Council approve the attached Zoning By-law amendment to remove the holding provision from the lands within registered plan of subdivision 41M-286. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ___;6:::___ Date: August 12, 2013 RESOLUTION NO.· MOVED BY: THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 04/13, submitted by Fusion Homes for lands described as Lot 17, Plan 41M-241 in the Town of Tillson burg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions {R2)-Exterior Side Yard, to reduce the required exterior side yard width from 7.5 m {24.6 ft) to 6.5 m {21.3 ft); 2. Relieffrom Section 7.2, Low Density Residential Type 2 Zone Provisions {R2)-Setback from Centreline of Arterial Road, to reduce the minimum required distance from the centreline of an arterial road from 20.5 m {67.3 ft) to 19.6 m {64.3 ft); to allow the construction of a single detached dwelling. Subject to the following conditions: i) A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. iii) Minor Variance approval is granted only for a single detached dwelling that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 ofthis report. B Carried D Recorded Vote D Defeated D Deferred D Tabled /\~ De rv-1-'1 (, ~--'_Mayor's lnitials COUNCIL RESOLUTION AGENDA ITEM NO.: _7:.,___ Date: August 12, 2013 RESOLUTION NO.: 6 ::~::::BY:~-----' _=__,z!:::::::--"~:::... ___ -_-_-_ -_ --- THAT the Council of the Town of Tillson burg approve the application submitted by 2026257 Ontario Inc, whereby lands consisting of Lot 386, Plan 500, located on the northeast corner of the intersection of Tillson Avenue and Concession Street East, in the Town of Tillsonburg are to be rezoned from 'Service Commercial Zone (SC)' to 'Special Service Commercial Zone (SC-sp)' to recognize existing zoning deficiencies and provide for reduced building setbacks and parking requirements to facilitate the redevelopment of the site for commercial use. D D Carried Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: -=19:...,__ Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receives report FIN 13-27 Second Quarter 2013 Financial Results as information. m·Carried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=20'-----Date: August 12, 2013 RESOLUTION NO.: 8 MOVED BY: ~___,=.:::::a......_..,/U __ L,_l ____ _ SECONDEDBY: _________ ~~~~~-------------- THAT Council receives report FIN 13-28 Second Quarter 2013 Finance Department report as information. D Carried Recorded Vote D Defeated D Deferred D Tabled --f-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=1=---Date: August 12, 2013 RESOLUTION NO.: 9 MOVED BY: THAT Council receive report OPS 13-21 Second Quarter 2013 Operations Services report as information. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _....;2=2;..___ Date: August 12, 2013 RESOLUTION NO.: 10 MOVED BY: THAT Council receives report DCS 3-68 Second Quarter 2013 Development and Communication Services report as information; c::J Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=3'-----Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive report PRS 13-14 Second Quarter 2013 Parks & Recreation Services report for information. G Carried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=-4=----Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive report FRS 13-08 Second Quarter 2013 Fire Services report as information. D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: .-2=5'-----Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receives Report CAO 13-10, Community Strategic Plan-Consult~g Services Options; ~ ( L AND THAT Council authorizes obtaining consulting services throu~t for Proposal (RFP) to assist with the development of a new Strategic Plan, to ~?funaecfJfom the Council approved 2013 budget. AND THAT upon the selection of a Consultant, a Community Strategic Plan Steering Committee be appointed. @carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'2=6'---Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report OPS 13-14, Unit #66 Material Handler-Supplementary Report; AND THAT Council approves the proposed lease; ·--ANtr'fl=tA"'T a new truclrtre-purcl-tas-e€1-i-R-2-0-1-3-tO-r.epJace_Un.itJtli6.__as_~go #5 contained w_it ·.r:~-R-er:>-e·rt-ePSB~09. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials RESOLUTION NO.: MOVED BY: \:OUNCIL RESOLUTION €LOSE8 SESSIO~ Date: Aueust 12. 20:: THAT a new truck be purchased in 2013 to replace Unit #66 as per option #5 contained within Reoorf OPS13-0S __)Carried 2J D Recorded Vote D Defeated D Deferred D Tabled ~ .. Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'2:..:.7_ Date: August 12, 2013 MOVED BY: THAT Council receive report OPS 13-20 Overnight Parking Report as information; AND THAT overnight parking be restricted only on arterial and collector roads from 2am to Gam, November 15th to March 31st. Gcarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=8:....__ RESOLUTION NO.: 16 MOVED BY: ~....:::::;;;;a:===-=:~=~=4=--------1-/-;,...- SECONDEDBY: -----------L~-~~-----~~~-~------ Date: August 12, 2013 THAT Council receive Report OPS 13-22, Electronic Recycling Depot; AND THAT Council endorse the proposed Electronics Recycling Depot and provide a Letter of Support to the Ontario Electronic Stewardship; AND THAT Council approve the Station Arts Centre to set up a Electronics Recycling Depot on Municipal Parking Lot 6B. r.zi Carried D Recorded Vote D Defeated D Deferred D Tabled ¥Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --'2=9-Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report DCS 13-64 2014 Airshow as information. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _3=-=0;,__ Date: _.:....:Ac:::.uugu::::..:s::..:.t-=1:.=2.L.., =-2 0~1::::3::....,__ RESOLUTION NO.: 18 MOVED BY : THAT Council receive Report DCS 13-10 Southern Ontario Marketing Alliance (SOMA) Report; AND THAT Staff implement the following recommendations: -Advise SOMA that the municipality will take up to an additional two year leave from SOMA. -Maintain the $20,000 SOMA Membership fee in reserve for the purposes of economic development. -Direct staff to report to Council by the first Council meeting in November 2013 the following: -what other options may exist to address the scope of work that SOMA addresses; -to assess what regional alliances may exist if any to accomplish the same focus as SOMA; and -report on meetings with SOMA and if a change could occur in their structure or to create alliances. D Recorded Vote D Defeated D Deferred D Tabled rv-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 31 RESOLUTION NO.: 19 1 ::~::::BY:~ Date: August 12, 2013 THAT Council receives Report DCS 13-51, Encroachment Agreements; AND THAT Council approve the form of encroachment agreement and encroachment and procedure as attached to Report DCS 13-51; AND THAT Council direct the Clerk to amend the Rates and Fees By-Law to incorporate the effective fee. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 32 RESOLUTION NO.: 20 I MOVEDBY: ~(~ SECONDED BY: ~,..__--..., Date: August 12, 2013 THAT Council receives Report DCS 13-52, Municipal Access Agreement; AND THAT Council approve the agreement template attached to report DCS 13-52. B Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----'3=3'-----Date: August 12, 2013 RESOLUTION NO.: 21 MOVED BY: THAT Council receive Report DCS 13-54 Traffic Bylaw Amendment-Attorney General Request. AND THAT Bylaw 3747 to amend Bylaw 3701 be brought forward for Council consideration. d Carried D Recorded Vote D Defeated D Deferred D Tabled -¥-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ____;3:;....;4'----- RESOLUTION NO.: 22 MOVED BY: c ~~~· SECONDED BY: ---'-~r.:..~+-,4W""-...,.../~~~. ~· _· _ Date: August 12, 2013 THAT Council receive Report DCS 13-58 Additional Barrier Free Parking at the Tillson burg Community Centre for information; and AND THAT Council adopt By-Law 3748 to amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town ofTillsonburg. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _3=5'------Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive report DCS 13-59 Sign Variance-Landmark Homes for information; AND THAT a variance to Sign By-Law 2976 be granted for the construction of a temporary 2 sided 6 feet x 3 feet x 6 feet high subdivision promotional directional sign located within the Town road allowance on the East side of Quarter Town Line just north of William Street; AND THAT Council authorizes staff to enter into an encroachment agreement with the subdivision owner for the placement of the temporary sign. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'3=6:....,_ Date: August 12, 2013 RESOLUTION NO.: 24 MOVED BY: J!f ~ .. SECONDED BY: -::=_;;~ THAT Council receives Report DCS 13-60, Lease Extension 31 Earle Street; AND THAT Council approve the Lease Extension agreement attached to report DCS 13-60; AND THAT a by-law be brought forward authorizing the Mayor and Clerk to enter into the lease extension with Infrastructure Ontario Lease Extension Agreement; AND THAT Council direct staff to take the additional rental amount into reserves for future capital costs at the subject facility. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~r's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _3=-:,7_ Date : August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report DCS 13-61 Airport Hangar Land Lease;,~ 3 3b6 fb!JA / AND THAT the Mayor and Clerk be author~d to ent&"lnto a lease agreement with Vernon Patrick Hinks for the construction of a .~ square foot hangar at the Tillson burg Regional Airport for a twenty {20) year term expiring on December 31, 2033 subject to the terms and conditions contained within the lease agreement. AND THAT a by-law be brought forward authorizing the Airport Hangar Land Lease agreement attached to DCS 13-61. cfarried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=3=-8-Date: August 12, 2013 RESOLUTION NO.: ~6 MOVEDBY: ~LS~P---------------~~~~~-=--~-- SECONDEDBY: __ 7 ______ ~,~~~-=~~~~~~-----------_ v --- THAT Council receives report DCS 13-66 Urban Design Criteria Checklist; AND THAT Council approve the application and criteria attached to report DCS 13-66; Qcarried D Recorded Vote D Defeated D Deferred D Tabled ¥Mayor's Initials ,. COUNCIL RESOLUTION AGENDA ITEM NO.: _3=9'-----Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report PRS 13-13 Encroachment Agreement at Tillsonburg Cemetery; AND THAT Council authorize the Mayor and Clerk to enter into the attached encroachment agreement; AND THAT a by-law be brought forward authorizing the encroachment agreement. 0Carried D Recorded Vote D Defeated D Deferred D Tabled ___k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4...:....::0:....__ Date: August 12, 2013 RESOLUTION NO.: 28 MOVED BY: THAT Council receive Report PRS 13-15 Culture Development Fund Application; AND THAT Council authorize staff to prepare and submit an application to the Culture Development Fund for $60,000 as the lead organization in a consortium with local cultural organizations; AND THAT Council commit the Town of Tillson burg to a contribution of $30,000 towards the project spread over the 2014, 2015 and 2016 fiscal years. D Recorded Vote D Defeated D Deferred D Tabled ____(jc!_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4..:..::3:....__ Date: August 12, 2013 RESOLUTION NO.: 30 MOVED BY: SECONDEDBY: --------~------------- THAT staff prepare a Town policy for designated cycling paths and appropriate signage; AND THAT the report include the current streets in the community where cycling paths/streets meet minimum standards to commence Tillsonburg as becoming a "cycling friendly" community. uz( Carried D Recorded Vote D Defeated D Deferred D Tabled *---Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4,:_4'-----Date: August 12, 2013 RESOLUTION NO.: MOVED BY: THAT By-Law 3747, to Amend By-law 3701, Traffic & Parking By-Law, By-Law 3748, to Amend By-Law 3701, being a by-law to regulate traffic and the parking, By-Law 3752, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and County of Oxford (Encroachment Permit), By-Law 3754, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and Her Majesty The Queen in Right of Ontario as Represented by the Minister of Infrastructure, By-Law 3755, to Authorize an Agreement Between the Corporation ofthe Town ofTillsonburg and Vernon Patrick Hinks, By-Law 3756, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and the Multi-Service Centre, By-Law 3757, to Amend Zoning By-Law Number 3295, as amended (Hayhoe Homes), By-Law 3758, to amend Zoning By-Law Number 3295, as amended (124 Tillson Ave), and By-Law 3753, to Confirm the proceedings of Council at its meetings held on the 12th day of August, 2013, be read for a first and second time and this constitutes the first and second reading thereof. G Carried D Recorded Vote D Defeated D Deferred D Tabled __StL_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _4.:......:4_ Date : Awzust 12. 2G :.~ RESOLUTION NO.· MOVED BY: THAT By-Law 3747, to Amend By-law 3701, Traffic & Parking By-Law. By-Law 3748, to Amend By-Law 3701, being a by-law to regulate traffic and the parkin~ By-Law 3756, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and the Multi-Service Centre , By-Law 3757, to Amend Zoning By-Law Number 3295, as amended (Hayhoe Homes), By-Law 3758, to amend Zoning By-Law Number 3295, as amended (124 Tillson Ave), and By-Law 3753, to Confirm the proceedings of Council at its meetings held on the 12th day of August, 2013, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign cne same, and place the Corporate Seal thereunto. ~arried D Recorded Vote D Defeated D Deferred D Tabled File No. A-04/13 TOWN OF TILLSONBURG CO:Ml\1ITTEE OF ADJUSTMENT DECISION OF CO:Ml\1ITTEE Page 1 of2 WE, the undersigned members of the Town of Tillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday August 12, 2013. OWNERS: Fusion Homes 500 Hanlon Creek Blvd. Guelph ON NlC OAl LOCATION: APPLICANT/ AGENT: Kerry Hillis-BSRD 351 Speed vale A venue W Guelph ON NIH 1C6 LOT 17, RP 41 M-241, municipally known as 104 Sanders Crescent, Town of Tillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to reduce the exterior side yard setbacks where an exterior yard abuts an arterial road (Quarter Town Line) from 7.5m to 6.5m. The application is for relief of parts of section 7.2, Low Density Residential (R2) Zone Provisions. The application is also for relief of Section 7 .2, Minimum Setback from the Centreline of an Arterial Road, to reduce the setback from 20.5m to 19.6m. DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A 04113, submitted by Fusion Homes for lands described as Lot 17, Plan 41M-241 in the Town of Tillsonburg as it relates to: 1. Relief from Section 7 .2, Low Density Residential Type 2 Zone Provisions (R2) -Exterior Side Yard, to reduce the required exterior side yard width from 7.5 m (24.6 ft) to 6.5 m (21.3 ft); 2. Relief from Section 7 .2, Low Density Residential Type 2 Zone Provisions (R2) -Setback from Centreline of Arterial Road, to reduce the minimum required distance from the centreline of an arterial road from 20.5 m (67.3 ft) to 19.6 m (64.3 ft); to allow the construction of a single detached dwelling. Subject to the following conditions: i) A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. iii) Minor Variance approval is granted only for a single detached dwelling that is substantially and proportionally in compliance with the applicant's skeW1 shown as Plate 3 of this report. M~;;;;urring ill above ruTYvci'v'- 1 d4.!!iesstf Mark Renaud David Beres Page 2 of2 CERTIFICATION I, DONNA WILSON Secretary-Treasurer of the Committee of Adjustment, hereby certify this to be a true copy of the Decision of the Tillsonburg Committee of Adjustment and this Decision was concurred in by a majority of the Members who heard the Application. DATED this 12th day of August, 2013. "' ~-===--------Donna Wilson, Secretary-Treasurer NOTE: The last day to submit an Appeal of the above Decision to the Secretary-Treasurer of the Committee of Adjustment, including the required $125.00 fee, payable to the Treasurer of Ontario is: 1st day of September, 2013 REASONS FOR APPROVAL OF VARIANCE: 1. The variance requested is a minor variance from the provisions of the Town of Tillsonburg Zoning By-Law No. 3295. 2. The variance requested is desirable for the appropriate development or use of the land, building or structure. 3. The variance requested is in keeping with the general intent and purpose of the Oxford County Official Plan. 4. The variance requested is in keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-Law No. 3295. DATED this 12th day of August, 2013. ~~---==---- Donna Wilson Secretary-Treasurer TOWN OF TILLSON BURG Public Meeting for the Council Meeting of August 12, 2013 NAME {Please Print) Notice of Collection Record of Attendance ADDRESS {Including Postal Code) -~ PHONE -' E-MAIL Page 1 Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. TOWNSHIP OF WARWICK ''A Conununi(V in Action'·' 6332 Nauvoo Road, R.R. #8, Watford, ON NOM 2SO Twp. Office: (519) 849-3926 Toll Free: 1-877-849-3926 Fax: (519) 849-6136 July 4, 2013 All Ontario Municipalities E-MAIL: info@warwicktownship.ca WEBSITE: www.warwicktownship.ca Works Dept: (519) 849-3923 Arena: (519) 876-2808 RE: Motion of "Not a Willing Host Community" for Industrial Wind Turbine (IWT) Projects Dear Ontario Municipal Clerks and Councils: Please be advised that the Council of the Township of Warwick met at their regular session of Council on June 26th, 2013 at which time Council passed the attached resolution stating that Warwick is "Not a Willing Host" community for Industrial Wind Turbine (IWT) projects. We are forwarding our motion (attached) on to all Ontario municipalities, the Minister of Environment, Minister of Energy, Minister of Rural Affairs, and our local MPP Monte McNaughton, for their support and endorsement. Kindest Regards, ,. •.. -.. ) \._~:-~ (\ ('\ . ._.",.; Amanda Gubbels, Deputy Clerk/Deputy Administrator Township of Warwick Cc: Jim Bradley, Minister of Environment Bob Chiarelli, Minister of Energy Jeff Leal, Minister of Rural Affairs Monte McNaughton, MPP Lambton-Kent-Middlesex All Ontario Municipalities TOWNSHIP OF WARWICK "A Cornrnunity in Ac·tion '' 6332 Nauvoo Road, R.R. #8, Watford, ON NOM 2SO Twp. Office: (519) 849-3926 Toll Free: 1-877-849-3926 Fax: (519) 849-6136 E-MAIL: info@warwicktownship.ca WEBSITE: www. warwicktownshio.ca Works Dept: (519) 849-3923 Arena: (519) 876-2808 WHEREAS more than 88 municipalities thorough Ontario have passed resolutions, motions and by-laws expressing concerns with the Green energy Act (2009); WHEREAS more than 25% of Ontario municipalities have expressed concerns with the way the government has implemented and managed the Green Energy Act (2009); WHEREAS the health and welfare of Ontario residents has not been demonstrated in the Green Energy Act (2009); WHEREAS the Township of Warwick supports a moratorium on all current and future projects under the Green Energy Act (2009) until the federal health study has been completed to the satisfaction that the health and well-being of the Township of Warwick citizens is protected from any negative health impacts. NOW THEREFORE BE IT RESOLVED THAT the Government of Ontario formally address and is held accountable to all the issues of the Green Energy Act (2009).-Carried. AND WHEREAS Warwick Township Council is very concerned that the Green Energy Act has substantially changed the rules for municipalities with respect to wind farm developments by removing municipal control over development application though the traditional zoning requirements under the planning act approvals for wind project developments are not controlled by the Minister of Environment through the Renewable Energy Approval process, a legislative development that the Council strongly opposes; AND WHEREAS Section 41 of the Electricity Act requires that a municipality provide wind project developers without charge access to and use of its road for both construction and maintenance of its turbines and electrical infrastructure, including transmission lines; AND WHEREAS future jobs of Ontario are going to hinge on efficient energy costs, by subsidizing the cost of energy by these wind projects, we are limiting future growth in Ontario; NOW THEREFORE BE ITS RESOLVED THAT the province of Ontario, specifically the Ministry of Environment, be now advised that the Township of Warwick is Not a Willing Host for Industrial Wind Turbines; '-- Town of Tillsonburg Town Council Attention: Mayor John Lessif 200 Broadway Tillsonburg, Ont. N4G 5A7 Dear Mr. Lessif: 96 Tillson Avenue Tillson burg, Ontario, N4G 3A 1 Phone: (519) 842-9000 Fax: (519) 842-2202 ~~1'1> Community Services The Multi-Service Centre (MSC) is excited to begin preparing for our 2nd annual Tillsonburg MSC Trail Walk & Run, slated to take place on Sunday, September 22nd on our town's scenic Carroll Trail. This year we hope to make it even bigger and better by adding new features: • 2k Family Fun Walk (flat and easy terrain) • 5km distance will be open to both walkers and runners of all levels and ages. • Walk & run timing will be available to those who would like to know how long it takes them to complete the course • A post-event BBQ • Family fun activities throughout the event All proceeds collected will be donated to the Multi-Service Centre as well as to the local Parkinson Society While the MSC does receive government funding to run our programs there is still a need to fundraise yearly in order to meet programming needs. Some of these needs include: resources for volunteers, equipment costs (not covered by funding bodies), bringing on new clients for our seniors programs that promote independence and connectedness to the community and provision of services to those individuals who cannot afford the modest fees in some of our program areas. Should you have any questions at all regarding this event please do not hesitate to contact our office. Warm regards, a~~ Multi Service Centre Fundraising Committee Member Trail Walk Coordinator 519-842-9000 Letter of acknowlegment/support Town of Tillsonburg ERS ,~~STATtON ··ART S ,:::C ENTR E 41 Bridge St. W.' ··''·'i' · .· .,;;._,, Tillsonburg ON N4G 5P2 www.st ationarts.ca office@stationarts.ca July 15, 2013 Steve Lund Director of Operations 200 Broadway St. Corporate Office Tillson burg Dear Mr. Lund ~()J~~ As you are aware, the Station was in the process last year· August to set up a permanent electronics recycling site. At that time you had suggested contacting the Works Department with the Town and the MTO. Randy Vince & I had a meeting and at that time, he suggested a parking space at the west end of the parking lot 130-132 Bidwell St. & that there should not be any concerns. I contacted MTO & there were no issues from their end. We apologize for the delay, as we were to be in partnership with another organization not from Tillsonburg. However, we are now ready to move ahead directly with OES who has approved the site. We would like to ask for a letter of support from the Town to OES as part of our registration protocol. We would be happy to work with the town to inform and to promote this initiative. Please feel free to contact me should you have any questions. Regards J?c _/ j1U' 'tf Page 1 of2 file://C:\Documents and Settings\azimmer\Local Settings\Temp\notesFCB21C\Letter of ac... 7/25/2013 " ;.. -Please joi,n us for the - Tillsonburg Cemetery Annual Decoration Day Sunday August 18, 2013 2:00pm Sponsored by Royal Canadian Legion Branch 153 Tillsonburg .. Re: Parking levy U-Fill Water Center to: Donna Wilson/Tillsonburg 07/3112013 12:20 PM Hide Details From: U-Fill Water Center <ufillwater@gmail.com> Page 1 of2 To: Donna Wilson/Tillsonburg <DEWilson@tillsonburg. ca>, Hi Donna. I would like to speak with council regarding by-law 3726. I think it needs to includes commercial properties that meet the parking requirements to be able to apply for the exemption as well. Thanks -Fill A1'£R CEN'I'E;R Mike Christiaens Owner ?:519-688-8118 F: 519-688-9796 C: 519-863-6390 \VW\v.ufill.ca -- -....-- Counci l Delegation Tillsonburg BIA, Facade Implementation Project John Kirkland, Chairman of the BIA is going to provide Council an Overview of the project, project objectives and progress to date. At this point, the Tillsonburg BIA is working with Town staff to introduce and roll out the Program to provide Facade Improvement Grants for interested BIA property owners. He will introduce Juri Berzins, urban designer and facade improvement consultant to provide details of the project including; Tillsonburg design theme, a list of interested BIA participants and examples of facade improvement concepts for designated properties.