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220425 Council Planning Meeting Agenda
The Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, April 25, 2022 5:00 PM Electronic Meeting 1.Call to Order 2.Closed Session 5:00 P.M. Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider a matter of a proposed or pending acquisition or disposition of land by the municipality or local board under Section 239 (2)(c) of the Municipal Act. 2.1.Adoption of the Agenda 2.2.Disclosures of Pecuniary Interest and the General Nature Thereof 2.3.Reports 2.3.1.239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board 3.Moment of Silence 4.Adoption of Agenda 6:00 P.M. Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of April 25, 2022, be approved. 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting 7.Public Meetings 7.1.Consideration of Municipal Drain Report - A.J. Smith Drain Council shall consider the report as prepared by Spriet Associates dated March 22, 2022 and shall give opportunity to any person who owns lands within the area requiring drainage who have not signed the petition an opportunity to do so. Engineer/Staff will give an overview of the work required;• Questions from any affected property owners whom are present (virtually);• Comments or questions from Members of Council;• Decisions (if approved, first and second reading of the by-law is required).• Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council accepts the Engineers report submitted by Spriet Associates dated March 22, 2022 in reference to the A.J Smith Drain and refers to the By-Law section of the agenda for the 1st and 2nd reading only. Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the following two Council members be appoint to the Court of Revisions to be held at a future Council date. _______________, and ________________. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at _______ p.m. 7.2.Minor Variance Application A07-22 - 21 Lyndale Road Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ That the Town of Tillsonburg Committee of Adjustment approves application File A07/22 submitted by Promar Homes Inc., for lands described as Part of Brookside Page 2 of 129 Lane, Plan 41M-218, Part 1 of 41R-9642 in the Town of Tillsonburg, as it relates to: Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Rear Yard, Minimum Depth, to decrease the minimum required depth from 12.0 m (39.3 ft) to 11.7 m (38.4 ft); - Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Lot Coverage, Maximum, to increase the total permitted lot coverage from 35% of the lot area to 38% of the lot area; - Relief from Section 5.37.1, Permitted Projections Into Required Yards – Table 5.37.1 Permitted Projections Into Required Yards, to increase the permitted projection of a covered porch into a rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); - Subject to the following conditions: A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. 1. That the proposed relief shall only apply to the construction of a single detached dwelling and covered porch of the general size and location as illustrated on Plate 3 of Report CP 2022-167, to the satisfaction of the Town of Tillsonburg. 2. Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council move out of Committee of Adjustment and move back into regular Council session at _____ p.m. 8.Presentations 8.1.Oxford County Joint Transportation Service Delivery Review 7:00 p.m. Presenters: David Simpson, Director of Public Works, Oxford County Jamie Cameron, KPMG LLP Bruce Peever, KPMG LLP Brad Sisson, KPMG LLP Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ Page 3 of 129 THAT Council receives the presentation from Oxford County regarding Joint Transportation Service Delivery Review, as information. 9.Planning Reports 10.Delegations 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 13.1.Station Arts Centre - Invitation for Canada Day 13.2.Ministry of the Solicitor General RE: Firefighter Certification Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT council receive the correspondence items from the Station Arts Centre dated April 11, 2022 and from the Ministry of the Solicitor General dated April 14, 2022 as information. 14.Staff Reports 14.1.Chief Administrative Officer 14.2.Corporate Services 14.3.Economic Development 14.4.Finance 14.5.Fire and Emergency Services 14.6.Operations and Development 14.6.1.OPD 22-13 Results for RFT 2022-001 Asphalt Maintenance Program Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council awards Tender RFT 2022-001 to Brantco Construction of Cambridge, ON at a cost of $344,985.02 (net HST included), the lowest bid Page 4 of 129 received satisfying all Tender requirements. 14.6.2.OPD 22-14 Results for RFT 2022-002 Lindsay and Frances Reconstruction Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council awards Tender RFT 2022-002 to Euro Ex Construction of Woodstock, ON at a cost of $2,543,949.63 (net HST included), the lowest bid received satisfying all Tender requirements. 14.6.3.OPD 22-15 - Swimming Pool Enclosure By-Law Review Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT a By-Law to amend By-Law 4008, being a by-law to regulate swimming pool enclosures within the Town of Tillsonburg, be brought forward for Council’s consideration. 14.7.Recreation, Culture and Parks 14.7.1.RCP 22-10 Parks, Beautification and Cemeteries Advisory Committee - Recommendations to Council Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT the Clerk be requested to advertise for a replacement member on the Parks, Beautification & Cemeteries Advisory Committee at the earliest opportunity; and THAT effective January 2023, Council amend their Terms of Reference to reflect a name change to become the Parks & Beautification Advisory Committee, removing cemeteries from the mandate; and THAT the new Parks & Beautification Advisory Committee shall consist of a minimum of five (5) and a maximum of seven (7) members including one (1) Council liaison in total; and THAT Council direct staff to create of a Terms of Reference for a new Cemetery Advisory Committee to be composed of three (3) industry representatives, a staff and Council liaison and members of the community. 15.New Business Page 5 of 129 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg 150 Ad Hoc Committee Minutes of April 14, 2022, and the Economic Development Advisory Committee Minutes of April 12, 2022, as information. 17.Motions/Notice of Motions 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A by-law to amend By-Law 4008 Swimming Pool Enclosures 19.2.A by-law to provide for the drainage works in the Town of Tillsonburg, in the Counties of Oxford and Norfolk, being the J.A Smith Drain – Armtec Realignment Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT a by-law to amend By-Law 4008 Swimming Pool Enclosures be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto; AND FURTHER THAT a by-law to provide for the drainage works in the Town of Tillsonburg, in the Counties of Oxford and Norfolk, being the J.A Smith Drain – Armtec Realignment be read for a first, and second time and provisionally adopted and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Confirm Proceedings By-law Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT By-Law 2022-035, to Confirm the Proceedings of the Council meeting held on April 25, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Items of Public Interest Page 6 of 129 May 9, 2022 Regular Meeting of Council at 6:00p.m.• May 24, 2022 Council Planning Meeting at 6:00p.m• 22.Adjournment Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of April 25, 2022 be adjourned at ______ p.m. Page 7 of 129 Page 8 of 129 Page 9 of 129 Page 10 of 129 Page 11 of 129 Page 12 of 129 Page 13 of 129 J.A. SMITH DRAIN - Town of Tillsonburg ARMTEC REALIGNMENT Page 14 of 129 SPECIFICATIONS FOR CONSTRUCTION OF MUNICIPAL DRAINAGE WORKS G E N E R A L I N D E X SECTION A General Work Pages 1 to 6 SECTION B Open Drain Pages 7 to 9 SECTION C Tile Drain Pages 10 to 15 STANDARD DETAILED DRAWINGS SDD-01 to SDD-05 Page 15 of 129 Page 16 of 129 SECTION A - GENERAL WORK I N D E X SECTION NUMBER PAGE NO. A.1 COMMENCEMENT AND COMPLETION OF WORK.................................................................... 1 A.2 WORKING AREA AND ACCESS.................................................................................................. 1 A.3 ROAD CROSSINGS...................................................................................................................... 1 A.4 SURPLUS EXCAVATED MATERIAL AND GRAVEL.................................................................... 3 A.5 FENCES......................................................................................................................................... 3 A.6 LIVESTOCK................................................................................................................................... 4 A.7 STANDING CROPS...................................................................................................................... 4 A.8 RAILWAYS, HIGHWAYS, UTILITIES............................................................................................ 4 A.9 LOCATION OF UTILITIES............................................................................................................. 4 A.10 IRON BARS................................................................................................................................... 4 A.11 STAKES......................................................................................................................................... 4 A.12 RIP-RAP......................................................................................................................................... 5 A.13 GABION BASKETS........................................................................................................................ 5 A.14 RESTORATION OF LAWNS......................................................................................................... 5 A.15 RESTORATION OF ROADS AND LANEWAYS............................................................................ 6 Page 17 of 129 Page 18 of 129 Page 1 Revised January 2020 SECTION A GENERAL WORK A.1 COMMENCEMENT AND COMPLETION OF WORK The work must commence immediately after the Contractor is notified of the acceptance of his tender or at a later date, if set out as a condition of the tender. If weather creates poor ground or working conditions the Contractor may be required, at the discretion of the Engineer, to postpone or halt work until conditions become acceptable. As noted on the drawn, the contractor must first arrange for a preconstruction meeting to be held on the site with the Contractor and affected owners attending to review in detail the construction scheduling, access and other pertinent details. The Contractor's costs for attending this meeting shall be included in his lump sum tender price. If the Contractor leaves the job site for a period of time after initiation of work, he shall give the Engineer and the Superintendent a minimum of twenty-four (24) hours’ notice prior to returning to the project. The work must be proceeded with in such a manner as to ensure its completion at the earliest possible date and within the time limit set out in the tender or in the contract documents. A.2 WORKING AREA AND ACCESS The working area available to the Contractor to construct the drain and related works including an access route to the drain shall be as specified on the drawings. Should the specified widths become inadequate due to unusual conditions, the Contractor shall notify the Engineer immediately in order that negotiations with the affected owners can take place. Where a Contractor exceeds the specified widths due to the nature of his operations and without authorization, he shall be held responsible for the costs of all additional damages and the amount shall be deducted from his contract price and paid to the affected owners by the Municipality. A.3 ROAD CROSSINGS .1 General .1 Scope: These specifications apply to all road crossings - Municipal, County, Regional, or Highway Roads. Where the word "Authority" is used, it shall be deemed to apply to the appropriate owning authority. These specifications in no way limit the Authority's Specifications and Regulations governing the construction of drains on their Road Allowance. The Authority will supply no labour, equipment or materials for the construction of the road crossing unless otherwise noted on the drawings. .2 Road Occupancy Permit: Where applicable the Contractor must submit an Application for a Road Occupancy Permit to the Authority and allow a minimum of 5 working days (exclusive of holidays) for its review and issuance. .3 Road Closure Request and Construction Notification: The Contractor shall submit written notification of construction and request for road closure (if applicable) to the Road Authority/Public Works Manager and the Drainage Engineer or Superintendent for review and approval a minimum of five (5) working days (exclusive of holidays) prior to proceeding with any work on road allowance. It shall be the Road Authority's responsibility to notify all the applicable emergency services, schools, etc. of the road closure or construction taking place. .4 Traffic Control: Where the Contractor is permitted to close the road to through traffic, the Contractor shall provide for and adequately sign the detour route to the satisfaction of the Road Authority. Otherwise, the Contractor shall keep the road open to traffic at all times. The Contractor shall provide, for the supply, erection and maintenance, suitable warning signs and/or flagmen in accordance with the Manual of Uniform Traffic Control Devices and to the satisfaction of the Road Authority to notify the motorists of work on the road ahead. Page 19 of 129 Page 2 Revised January 2020 A.3 ROAD CROSSINGS (cont’d) .5 Site Meeting/Inspection: A site meeting shall be held with the affected parties to review in detail the crossing and/or its related works. The Authority's Inspector and/or the Drainage Engineer will inspect the work while in progress to ensure that the work is done in strict accordance with the specifications. .6 Weather: No construction shall take place during inclement weather or periods of poor visibility. .7 Equipment: No construction material and/or equipment is to be left within 3 meters of the edge of pavement overnight or during periods of inclement weather. .2 Jacking and Boring .1 Material: The bore pipe shall consist of new, smooth wall steel pipe, meeting the requirements of H20 loading for road crossings and E80 loading for railway crossings. The minimum size, wall thickness and length shall be as shown on the drawings. Where welding is required, the entire circumference of any joint shall be welded using currently accepted welding practices. .2 Site Preparation and Excavation: Where necessary, fences shall be carefully taken down as specified in the General Conditions. Prior to any excavation taking place, all areas which will be disturbed shall be stripped of topsoil. The topsoil is to be stockpiled in locations away from the bore operation, off the line of future tile placement and out of existing water runs or ditches. The bore pit shall be located at the upstream end of the bore unless otherwise specified or approved. Bore pits shall be kept back at least 1 meter from the edge of pavement and where bore pits are made in any portion of the shoulder, the excavated material shall be disposed of off the road allowance and the pit backfilled with thoroughly compacted Granular "A" for its entire depth. .3 Installation: The pipe shall be installed in specified line and grade by a combination of jacking and boring. Upon completion of the operations, both ends of the bore pipe shall be left uncovered until the elevation has been confirmed by the Engineer or Superintendent. The ends of the bore pipe shall be securely blocked off and the location marked by means of a stake extending from the pipe invert to 300mm above the surrounding ground surface. .4 Unstable Soil or Rock: The Contractor shall contact the Engineer immediately should unstable soil be encountered or if boulders of sufficient size and number to warrant concern are encountered. Any bore pipe partially installed shall be left in place until alternative methods or techniques are determined by the Engineer after consultation with the Contractor, the Superintendent and the owning authority. .5 Tile Connections: Prior to commencement of backfilling, all tile encountered in excavations shall be reconnected using material of a size comparable to the existing material. Where the excavation is below the tile grade, a compacted granular base is to be placed prior to laying the tile. Payment for each connection will be made at the rate outlined in the Form of Tender and Agreement. .6 Backfill: Unless otherwise specified, the area below the proposed grade shall be backfilled with a crushed stone bedding. Bore pits and excavations outside of the shoulder area may be backfilled with native material compacted to a density of 95% Standard Proctor. All disturbed areas shall be neatly shaped, have the topsoil replaced and hand seeded. Surplus material from the boring operation shall be removed from the site at the Contractor's expense. .7 Restoration: The entire affected area shall be shaped and graded to original lines and grades, the topsoil replaced, and the area seeded down at the rate of 85 kg/per ha. unless otherwise specified or in accordance with the M.T.O. Encroachment Permit. Fences shall be restored to their original condition in accordance with the General Conditions. .8 Acceptance: All work undertaken by the Contractor shall be to the satisfaction of the Engineer. Page 20 of 129 Page 3 Revised January 2020 A.3 ROAD CROSSINGS (cont’d) .3 Open Cut .1 Material: The culvert or sub-drain crossing pipe material shall be specified on the drawings. .2 Site Preparation and Excavation: Where necessary, fences shall be carefully taken down as specified in the general conditions. Prior to any excavation taking place, the areas which will be disturbed shall be stripped of topsoil. The topsoil is to be stockpiled in locations away from the construction area. .3 Installation: The pipe shall be installed using bedding and cover material in accordance with Standard Detailed Drawing No. 2 or detail provided on drawings. .4 Unstable Soil or Rock: The Contractor shall contact the Engineer immediately should unstable soil be encountered or if boulders of sufficient size and number to warrant concern are encountered. .5 Tile Connections: Prior to commencement of backfilling, all tiles encountered in excavations shall be reconnected using material of a size comparable to the existing material. Where the excavation is below the tile grade, a compacted granular base is to be placed prior to laying the tile. Payment for connections not shown on the drawings shall be an extra to the contract. .6 Backfill: Backfill from the top of the cover material up to the underside of road base shall meet the requirements for M.T.O. Granular "B". The backfill shall be placed in lifts not exceeding 300mm in thickness and each lift shall be thoroughly compacted to produce a density of 98% Standard Proctor. Granular "B" road base for County Roads and Highways shall be placed to a 450mm thickness and Granular "A" shall be placed to a thickness of 200mm, both meeting M.T.O. requirements. Granular road base materials shall be thoroughly compacted to produce a density of 100% Standard Proctor. Where the road surface is paved, the Contractor shall be responsible for placing an HL-4 Hot Mix Asphalt patch of the same thickness as the existing pavement. The asphalt patch shall be flush with the existing roadway on each side and not overlap. If specified, the asphalt patch shall not be placed immediately over the road base and the Granular "A" shall be brought up flush with the existing asphalt and a liberal amount of calcium chloride shall be spread on the gravel surface. The asphalt patch must be completed within the time period set out on the drawing. The excavated material from the trench beyond a point 2.5 meters from the travelled portion or beyond the outside edge of the gravel shoulder, may be used as backfill in the trench in the case of covered drains. This material should be compacted in layers not exceeding 600mm. A.4 SURPLUS EXCAVATED MATERIAL AND GRAVEL Excess excavated material from open cut installation through roads, railways, laneways and lawn/grass areas, shall be removed and disposed of off-site by the Contractor as part of their lump sum installation price. If as a result of any work, gravel or crushed stone is required and not all the gravel or crushed stone is used in the construction of the works, the Contractor shall haul away such surplus gravel or stone unless otherwise approved. A.5 FENCES No earth shall be placed against fences and all fences removed by the Contractor are to be replaced by him in as good condition as found. In general, the Contractor will not be allowed to cut existing fences but shall disconnect existing fences at the nearest anchor post or other such fixed joint and shall carefully roll it back out of the way. Where the distance to the closest anchor post or fixed joint exceeds 50 meters, the Contractor will be allowed to cut and splice in accordance with accepted methods and to the satisfaction of the owner and the Engineer or Superintendent. Where existing fences are deteriorated to the extent that existing materials are not salvageable for replacement, the Contractor shall notify the Engineer or the Superintendent prior to dismantling. Fences damaged beyond salvaging by the Contractor's negligence shall be replaced with new materials, similar to those existing, at the Contractor's expense. The replacement of the fences shall be done to the satisfaction of the owner and the Engineer or Superintendent. The site examination should indicate to the Contractor such work, if any, and an allowance should be made in the tendered price. The Contractor shall not leave any fence open when he is not at work in the immediate vicinity. Page 21 of 129 Page 4 Revised January 2020 A.6 LIVESTOCK The Contractor shall provide each property owner with 48 hours’ notice prior to removing any fences along fields which could possibly contain livestock. Thereafter, the property owner shall be responsible to keep all livestock clear of the construction areas until further notified. Where necessary, the Contractor will be directed to erect temporary fences. The Contractor shall be held responsible for loss or injury to livestock or damage caused by livestock, where the injury or damage is caused by his failure to notify the property owner or through negligence or carelessness on the part of the Contractor. The Contractor constructing a tile drain shall not be held responsible for damages or injury to livestock occasioned by leaving trenches open for inspection by the Engineer if he notifies the owner at least 48 hours prior to commencement of the work on that portion. The Contractor will be held liable for such damages or injury if the backfilling of such trenches is delayed more than 1 day after acceptance by the Engineer. A.7 STANDING CROPS The Contractor shall not be held responsible for damages to standing crops within the working area available and the access route provided if he notifies the owner thereof at least 48 hours prior to commencement of the work on that portion. A.8 RAILWAYS, HIGHWAYS, UTILITIES A minimum of forty-eight (48) hours’ notice to Railways, Highways and Utilities, exclusive of Saturdays, Sundays and Holidays, shall be required by the Contractor prior to any work being performed and in the case of a pipe being installed by open cutting or boring under a Highway or Railway, a minimum of 72 hours’ notice is required. A.9 UTILITIES The attention of the Contractor is drawn to the presence of utilities along the course of the drain. The Contractor will be responsible for determining the location of all utilities and will be held liable for any damage to all utilities caused by his operations. The Contractor shall co-operate with all authorities to ensure that all utilities are protected from damage during the performance of the work. The cost of any necessary relocation work shall be borne by the utility. No allowance or claims of any nature will be allowed on account for delays or inconveniences due to utilities relocation, or for inconveniences and delays caused by working around or with existing utilities not relocated. A.10 IRON BARS The Contractor shall be held liable for the cost of an Ontario Land Surveyor to replace any iron bars destroyed during the course of construction. A.11 STAKES At the time of the survey, stakes are set along the course of the drain at intervals of 50 meters. The Contractor shall ensure that the stakes are not disturbed unless approval is obtained from the Engineer. Any stakes removed by the Contractor without the authority of the Engineer, shall be replaced at the expense of the Contractor. At the request of the Contractor, any stakes which are removed or disturbed by others or by livestock, shall be replaced at the expense of the drain. Page 22 of 129 Page 5 Revised January 2020 A.12 RIP-RAP Rip-rap shall be specified on the drawings and shall conform to the following: .1 Quarry Stone: shall range in size from 150mm to 300mm evenly distributed and shall be placed to a 300mm thickness on a filter blanket at a 1.5 to 1 slope unless otherwise noted. Filter blanket to be Mirafi 160N or approved equal. .2 Broken Concrete: may be used in areas outside of regular flows if first broken in maximum 450mm sized pieces and mixed to blend with quarry stone as above. No exposed reinforcing steel shall be permitted. .3 Shot Rock: shall range in size from 150mm to 600mm placed to a depth of 450mm thickness on a filter blanket at a 1.5:1 slope unless otherwise noted. Filter blanket to be Mirafi 160N or approved equal. A.13 GABION BASKETS Supply and install gabion basket rip-rap protection as shown on the drawings. Gabion baskets shall be as manufactured by Maccaferri Gabions of Canada Ltd. or approved equal and shall be assembled and installed in strict accordance with the manufacturer=s recommendations. The gabion fill material shall consist solely of fractured field stone or gabion stone graded in size from 100mm to 200mm (4" to 8") and shall be free of undersized fragments and unsuitable material. A.14 RESTORATION OF LAWNS .1 General: Areas noted on the drawings to be restored with seeding or sodding shall conform to this specification, and the Contractor shall allow for all costs in his lump sum bid for the following works. .2 Topsoil: Prior to excavation, the working area shall be stripped of existing topsoil. The topsoil stockpile shall be located so as to prevent contamination with material excavated from the trench. Upon completion of backfilling operations, topsoil shall be spread over the working area to a depth equal to that which previously existed but not less than the following: • Seeding and sodding - minimum depth of 100mm • Gardens - minimum depth of 300mm In all cases where a shortfall of topsoil occurs, whether due to lack of sufficient original depth or rejection of stockpiled material due to Contractor’s operations, imported topsoil from acceptable sources shall be imported at the Contractor’s expense to provide the specified depths. Topsoil shall be uniformly spread, graded, and cultivated prior to seeding or sodding. All clods or lumps shall be pulverized, and any roots or foreign matter shall be raked up and removed as directed. .3 Sodding .1 Materials: Nursery sod to be supplied by the Contractor shall meet the current requirements of the Ontario Sod Growers Association for No. 1 Bluegrass Fescue Sod. .2 Fertilizer: Prior to sod placement, approved fertilizer shall be spread at the rate of 5kg/100m5 of surface area and shall be incorporated into such surfaces by raking, discing or harrowing. All surfaces on which sod is to be placed shall be loose at the time of placing sod to a depth of 25mm. .3 Placing Sod: Sod shall be laid lengthwise across the face of slopes with ends close together. Sod shall be counter sunk along the joints between the existing grade and the new sodding to allow for the free flow of water across the joint. Joints in adjacent rows shall be staggered and all joints shall be pounded and rolled to a uniform surface. On slopes steeper than 3 to1, and in unstable areas, the Engineer may direct the Contractor to stake sod and/or provide an approved mesh to prevent slippages. In all cases where such additional work is required, it will be deemed an extra to the contract and shall be paid for in accordance with the General Conditions. No sod shall be laid when frozen nor upon frozen ground nor under any other condition not favourable to the growth of the sod. Upon completion of sod laying the Contractor shall thoroughly soak the area with water to a depth of 50mm. Thereafter it will be the responsibility of the property owner to maintain the area in a manner so as to promote growth. Page 23 of 129 Page 6 Revised January 2020 A.14 RESTORATION OF LAWNS (cont’d) .4 Seeding: Seed to be supplied by the Contractor shall be Ahigh quality grass seed@ harvested during the previous year, and shall be supplied to the project in the supplier’s original bags on which a tag setting out the following information is affixed: • Year or Harvest - recommended rate of application • Type of Mixture - fertilizer requirements Placement of seed shall be by means of an approved mechanical spreader. All areas on which seed is to be placed shall be loose at the time of placing seed, to a depth of 25mm. Seed and fertilizer shall be spread in accordance with the supplier’s recommendations unless otherwise directed by the Engineer. Thereafter it will be the responsibility of the property owner to maintain the area in a manner so as to promote growth. .5 Settlement: The Contractor shall be responsible during the one-year guarantee period for the necessary repair of restored areas due to trench settlement. Areas where settlement does not exceed 50mm may be repaired by top dressing with fine topsoil. In areas where settlement exceeds 50mm, the Contractor will be required to backfill the area with topsoil and restore with seeding and/or sodding as originally specified. A.15 RESTORATION OF ROADS AND LANEWAYS .1 Gravel: Restoration shall be in accordance with the applicable standard detailed drawing or as shown on the drawings. .2 Asphalt and Tar and Chip: Prior to restoration all joints shall be neatly sawcut. Restoration shall be as a in gravel above with the addition of the following: .1 Roads shall have the finished grade of Granular >A=, allow two courses of hot-mix asphalt (M.T.O. 310), 80mm HL6 and 40mm HL3 or to such greater thickness as may be required to match the existing. .2 Laneways shall have the finished grade of Granular 'A' allow one 50mm minimum course of hot-mix asphalt (HL3) or greater as may be required to match existing. Page 24 of 129 SECTION B - OPEN DRAIN I N D E X SECTION NUMBER PAGE NO. B.1 PROFILE................................................................................................................... 7 B.2 ALIGNMENT.............................................................................................................. 7 B.3 CLEARING AND GRUBBING.................................................................................... 7 B.4 EXCAVATION............................................................................................................ 7 B.5 EXCAVATED MATERIAL........................................................................................... 7 B.6 EXCAVATION THROUGH BRIDGES AND CULVERTS............................................ 8 B.7 PIPE CULVERT........................................................................................................ 8 B.8 MOVING DRAINS OFF ROADS............................................................................... 8 B.9 TRIBUTARY OUTLETS............................................................................................ 8 B.10 SEDIMENT BASINS AND TRAPS............................................................................ 9 B.11 SEEDING................................................................................................................. 9 Page 25 of 129 Page 26 of 129 Page 7 Revised January 2020 SECTION B OPEN DRAIN B.1 PROFILE The profile drawing shows the depth of cuts from the ground beside the stake to the final invert of the ditch in meters and decimals of a meter and also the approximate depth of cuts from the existing bottom of the ditch to the elevation of the ditch bottom. These cuts are established for the convenience of the Contractor; however, benchmarks will govern the final elevation of the drain. Benchmarks have been established along the course of the drain and their locations and elevations are noted on the profile drawing. A uniform grade shall be maintained between stakes in accordance with the profile drawing. B.2 ALIGNMENT The drain shall be constructed in a straight line and shall follow the course of the present drain or water run unless otherwise noted on the drawings. Where it is necessary to straighten any bends or irregularities in alignment not noted on the drawings, the Contractor shall contact the Engineer or Superintendent before commencing the work. B.3 CLEARING AND GRUBBING Prior to commencement of work, all trees, scrub, fallen timber and debris shall be removed from the side slopes of the ditch and for such a distance on the working side so as to eliminate any interference with the construction of the drain or the spreading of the spoil. The side slopes shall be neatly cut and cleared flush with slope whether or not they are affected directly by the excavation. With the exception of large stumps causing damage to the drain, the side slope shall not be grubbed. All other cleared areas shall be grubbed and the stumps put into piles for disposal by the owner. All trees or limbs 150mm (6") or larger, that it is necessary to remove, shall be considered as logs and shall be cut and trimmed, and left in the working width separate from the brush, for use or disposal by the owner. Trees or limbs less than 150mm in diameter shall be cut in lengths not greater than 5 meters and placed in separate piles with stumps spaced not less than 75 meters apart in the working width, for the use or disposal of the owner. In all cases, these piles shall be placed clear of excavated materials, and not be piled against standing trees. No windrowing will be permitted. The clearing and grubbing and construction of the drain are to be carried out in two separate operations and not simultaneously at the same location. B.4 EXCAVATION The bottom width and the side slopes of the ditch shall be those shown on the profile drawing. Unless otherwise specified on the drawings, only the existing ditch bottom is to be cleaned out and the side slopes are not to be disturbed. Where existing side slopes become unstable because of construction, the Contractor shall immediately contact the Engineer or Superintendent. Alternative methods of construction and/or methods of protection will then be determined, prior to continuing the work. Where an existing drain is being relocated or where a new drain is being constructed, the Contractor shall, unless otherwise specified, strip the topsoil for the full width of the drain, including the location of the spoil pile. Upon completion of levelling, the topsoil shall be spread to an even depth across the full width of the spoil. B.5 EXCAVATED MATERIAL Excavated material shall be deposited on either or both sides of the drain as indicated on the drawings or as directed by the Engineer or Superintendent. A buffer strip of not less than 3 meters in width through farmed lands and 2 meters in width through bush areas shall be left along the top edges of the drain. The buffer strip shall be seeded and/or incorporated as specified on the drawings. The material shall be deposited beyond the specified buffer strip. Page 27 of 129 Page 8 Revised January 2020 B.5 EXCAVATED MATERIAL (cont’d) No excavated material shall be placed in tributary drains, depressions, or low areas which direct water into the ditch so that water will be trapped behind the spoil bank. The excavated material shall be placed and levelled to a minimum width to depth ratio of 50 to 1 unless instructed otherwise. The edge of the spoil bank away from the ditch shall be feathered down to the existing ground; the edge of the spoil bank nearest the ditch shall have a maximum slope of 2 to 1. The material shall be levelled such that it may be cultivated with ordinary farm equipment without causing undue hardship on machinery and personnel. No excavated material shall cover any logs, scrub, debris, etc. of any kind. Where it is necessary to straighten any unnecessary bends or irregularities in the alignment of the ditch, the excavated material from the new cut shall be used for backfilling the original ditch. Regardless of the distance between the new ditch and the old ditch no extra compensation will be allowed for this work and must be included in the Contractor's lump sum price for the open work. Any stones 150mm or larger left exposed on top of the levelled excavated material shall be removed and disposed of as an extra to the contract unless otherwise noted on plans. B.6 EXCAVATION THROUGH BRIDGES AND CULVERTS The Contractor shall excavate the drain to the full specified depth and width under all bridges. Where the bridge or culvert pipe is located within a road allowance, the excavated material shall be levelled within the road allowance. Care shall be taken not to adversely affect existing drainage patterns. Temporary bridges may be carefully removed and left on the bank of the drain but shall be replaced by the Contractor when the excavation is completed unless otherwise specified. Permanent bridges must be left intact. All necessary care and precautions shall be taken to protect the structure. The Contractor shall notify the Engineer or Superintendent if excavation may cause the structure to undermine or collapse. B.7 PIPE CULVERTS Where specified on the drawings, the existing culvert shall be carefully removed, salvaged and either left at the site for the owner or reinstalled at a new grade or location. The value of any damage caused to the culvert due to the Contractor's negligence in salvage operation will be determined and deducted from the contract price. All pipe culverts shall be installed in accordance with the standard detail drawings as noted on the drawings. If couplers are required, 5 corrugation couplers shall be used for up to and including 1200mm dia. pipe and 10 corrugation couplers for greater than 1200mm dia. B.8 MOVING DRAINS OFF ROADS Where an open drain is being removed from a road allowance, it must be reconstructed wholly on the adjacent lands with a minimum distance of 2.0 meters between the property line and the top of the bank, unless otherwise noted on the drawings. The excavated material shall be used to fill the existing open ditch and any excess excavated material shall be placed and levelled on the adjacent lands beyond the buffer strip, unless otherwise noted. Any work done on the road allowance, with respect to excavation, disposal of materials, installation of culverts, cleaning under bridges, etc., shall be to the satisfaction of the Road Authority and the Engineer. B.9 TRIBUTARY OUTLETS The Contractor shall guard against damaging the outlets of tributary drains. Prior to commencement of excavation on each property the Contractor shall contact the owner and request that all known outlet pipes be marked by the owner. All outlets so marked or visible or as noted on the profile, and subsequently damaged by the Contractor's operations will be repaired by the Contractor at his cost. All outlet pipes repaired by the Contractor under direction of the Drainage Superintendent or Engineer which were not part of the Contract shall be considered an extra to the contract price. Page 28 of 129 Page 9 Revised January 2020 B.10 SEDIMENT BASINS AND TRAPS The Contractor shall excavate sediment basins prior to commencement of upstream work as shown on the plan and profile. The dimension of the basin will be in a parabolic shape with a depth of 450mm below the proposed ditch bottom and the basin will extend along the drain for a minimum length of 15 meters. A sediment trap 300mm deep and 5 meters long with silt fence placed across ditch bottom on the downstream end of the trap shall be constructed prior to and maintained during construction, to prevent silt from flushing downstream. The silt fence shall be removed and disposed of after construction. B.11 SEEDING .1 Delivery: The materials shall be delivered to the site in the original unopened containers which shall bear the vendor's guarantee of analysis and seed will have a tag showing the year of harvest. .2 Hydro Seeding: Areas specified on drawings shall be hydro seeded and mulched upon completion of construction in accordance with O.P.S.S. 572 and with the following application rates: Primary Seed (85 kg/ha.): 50% Creeping Red Fescue 40% Perennial Ryegrass 5% White Clover Nurse Crop Italian (Annual) Ryegrass at 25% of Total Weight Fertilizer (300 kg/ha.) 8-32-16 Hydraulic Mulch (2000 kg/ha.) Type "B" Water (52,700 litres/ha.) Seeding shall not be completed after September 30. .3 Hand Seeding: Hand seeding shall be completed daily with the seed mixture and fertilizer and application rate shown under "Hydro Seeding" above. Placement of the seed shall be by means of an approved mechanical spreader. Seeding shall not be completed after September 30. Page 29 of 129 Page 30 of 129 SECTION C - TILE DRAIN I N D E X SECTION NUMBER PAGE NO. C.1 PIPE MATERIALS......................................................................................................................... 10 C.2 TESTING...................................................................................................................................... 10 C.3 LINE............................................................................................................................................... 10 C.4 CLEARING AND GRUBBING........................................................................................................ 11 C.5 PROFILE........................................................................................................................................ 11 C.6 GRADE.......................................................................................................................................... 11 C.7 EXCAVATION................................................................................................................................ 11 C.8 INSTALLATION.............................................................................................................................. 12 C.9 ROAD AND LANEWAY SUB-SURFACE CROSSINGS................................................................ 12 C.10 BACKFILLING................................................................................................................................ 13 C.11 UNSTABLE SOIL............................................................................................................................. 13 C.12 ROCKS.......................................................................................................................................... 13 C.13 BROKEN, DAMAGED, OR EXCESS TILE.................................................................................... 13 C.14 TRIBUTARY DRAINS.................................................................................................................... 13 C.15 OUTLET PIPES............................................................................................................................. 14 C.16 CATCHBASINS AND JUNCTION BOXES................................................................................... 14 C.17 BLIND INLETS............................................................................................................................... 15 C.18 GRASSED WATERWAY............................................................................................................... 15 C.19 BACKFILLING EXISTING DITCHES............................................................................................ 15 C.20 RECOMMENDED PRACTICE FOR CONSTRUCTION OF SUBSURFACE DRAINAGE SYSTEM......................................................................................................................... 15 Page 31 of 129 Page 32 of 129 Page 10 Revised January 2020 SECTION C TILE DRAIN C.1 PIPE MATERIALS .1 Concrete Tile: All tile installed under these specifications shall be sound and of first quality and shall meet all A.S.T.M. Specifications current at the time of tendering. Concrete tile shall conform to Designation C412 "Extra Quality" except that the minimum compression strengths shall be increased by 25%. Heavy Duty tile shall conform to Designation C412 "Heavy Duty Extra Quality". .2 Corrugated Steel Pipe: Unless otherwise specified, all metal pipe shall be corrugated, riveted steel pipe or helical corrugated steel pipe with a minimum wall thickness of 1.6mm (16 gauge) and shall be fully galvanized. .3 Plastic Tubing: The plans will specify the type of tubing or pipe, such as non-perforated or perforated (with or without filter material). i) Corrugated Plastic Drainage Tubing shall conform to the current O.F.D.A. Standards ii) Heavy Duty Corrugated Plastic Pipe shall be "Boss 1000" manufactured by the Big 'O' Drain Tile Co. Ltd. or approved equal .4 Concrete Sewer Pipe: The Designations for concrete sewer pipe shall be C14 for concrete sewer pipe 450mm (18") diameter or less; and C76 for concrete sewer pipe greater than 450mm (18") diameter. Where closed joints are specified, joints shall conform to the A.S.T.M. Specification C443. Where concrete sewer pipe Aseconds@ are permitted the pipe should exhibit no damages or cracks on the barrel section and shall be capable of satisfying the crushing strength requirements for No.1, Pipe Specifications (C14 or C76). The pipe may contain cracks or chips in the bell or spigot which could be serious enough to prevent the use of rubber gaskets, but which are not so severe that the joint could not be mortared conventionally. .5 Plastic Sewer Pipe: The plans will specify the type of sewer pipe, such as non-perforated or perforated (with or without filter material). All plastic sewer pipe and fittings shall be ABoss Poly-Tite@, ULTRA-RIB@, AChallenger 3000" or approved equal with a minimum stiffness of 320 kpa at 5% deflection. .6 Plastic Fittings: All plastic fittings shall be "Boss 2000" or "Challenger 2000" with split coupler joints or approved equal. C.2 TESTING The manufacturer shall provide specimens for testing if required. The random selection and testing procedures would follow the appropriate A.S.T.M. requirements for the material being supplied. The only variation is the number of tiles tested: 200mm to 525mm dia. - 5 tile tested, 600mm to 900mm dia. - 3 tile tested. The drain will be responsible for all testing costs for successful test results. Where specimens fail to meet the minimum test requirements, the manufacturer will be responsible for the costs of the unsuccessful tests. Alternately, the Engineer may accept materials on the basis of visual inspections and the receipt in writing from the Manufacturer of the results of daily production testing carried out by the Manufacturer for the types and sizes of the material being supplied. C.3 LINE Prior to stringing the tile, the Contractor shall contact the Superintendent or the Engineer in order to establish the course of the drain. Where an existing drain is to be removed and replaced in the same trench by the new drain or where the new drain is to be installed parallel to an existing drain, the Contractor shall excavate test holes to locate the existing drain (including repairing drainage tile) at intervals along the course of the drain as directed by the Engineer and/or the Superintendent. The costs for this work shall be included in the tender price. Where an existing drain is to be removed and replaced in the same trench by the new drain, all existing tiles shall be destroyed, and all broken tile shall be disposed of offsite. Page 33 of 129 Page 11 Revised January 2020 C.3 LINE (cont’d) The drain shall run in as straight a line as possible throughout its length, except that at intersections of other water courses or at sharp corners, it shall run on a curve of at least a 15-meter radius. The new tile drain shall be constructed at an offset from and generally parallel with any ditch or defined watercourse in order that fresh backfill in the trench will not be eroded by the flow of surface water. The Contractor shall exercise care not to disturb any existing tile drain or drains which parallel the course of the new drain, particularly where the new and the existing tile act together to provide the necessary capacity. C.4 CLEARING AND GRUBBING Prior to commencement of drain construction, all trees, scrub, fallen timber and debris shall be cleared and grubbed from the working area. Unless otherwise specified, the minimum width to be cleared and grubbed shall be 20 meters in all hardwood areas and 30 meters in all softwood areas (willow, poplar, etc.), the width being centred on the line of the drain. All trees or limbs 150mm (6") or larger, that it is necessary to remove, shall be considered as logs and shall be cut and trimmed, and left in the working width separate from the brush, for use or disposal by the owner. Trees or limbs less than 150mm in diameter shall be cut in lengths not greater than 5 meters and placed in separate piles with stumps spaced not less than 75 meters apart in the working width, for the use or disposal of the owner. In all cases, these piles shall be placed clear of excavated materials, and not be piled against standing trees. No windrowing will be permitted. The clearing and grubbing and construction of the drain are to be carried out in two separate operations and not simultaneously at the same location. C.5 PROFILE The profile drawing shows the depth of cuts from the ground beside the stake to the final invert of the drain in meters and decimals of a meter. These cuts are established for the convenience of the Contractor; however, benchmarks will govern the final elevation of the drain. Benchmarks have been established along the course of the drain and their locations and elevations are noted on the profile drawing. C.6 GRADE The Contractor shall provide and maintain in good working condition, an approved system of establishing a grade sight line to ensure the completed works conform to the profile drawing. In order to confirm the condition of his system and to eliminate the possibility of minor errors on the drawings, he shall ensure his grade sight line has been confirmed to be correct between a minimum of two control points (bench marks) and shall spot check the actual cuts and compare with the plan cuts prior to commencement of tile installation. He shall continue this procedure from control point to control point as construction of the drain progresses. When installing a drain towards a fixed point such as a bore pipe, the Contractor shall uncover the pipe and confirm the elevation, using the sight line, a sufficient distance away from the pipe in order to allow for any necessary minor grade adjustments to be made in order to conform to the as built elevation of the bore pipe. All tile improperly installed due to the Contractor not following these procedures shall be removed and replaced entirely at the Contractor's cost. When following the procedures and a significant variation is found, the Contractor shall immediately cease operations and advise the Engineer. C.7 EXCAVATION .1 Trench: Unless otherwise specified, all trenching shall be done with a recognized farm tiling machine approved by the Engineer or Superintendent. The machine shall shape the bottom of the trench to conform to the outside diameter of the pipe for a minimum width of one-half of the outside diameter. The minimum trench width shall be equal to the outside diameter of the tile to be installed plus 100mm (4") on each side unless otherwise approved. The maximum trench width shall be equal to the outside diameter of the tile to be installed plus 250mm (10") on each side unless otherwise approved. Page 34 of 129 Page 12 Revised January 2020 C.7 EXCAVATION (cont’d) .2 Scalping: Where the depths of cuts in isolated areas along the course of the drain as shown on the profile exceed the capacity of the Contractor's tiling machine, he shall lower the surface grade in order that the tiling machine may trench to the correct depth. Topsoil is to be stripped over a sufficient width that no subsoil will be deposited on top of topsoil. Subsoil will then be removed to the required depth and piled separately. Upon completion of backfilling, the topsoil will then be replaced to an even depth over the disturbed area. The cost for this work shall be included in his tender price. .3 Excavator: Where the Contractor's tiling machine consistently does not have the capacity to dig to the depths required or to excavate the minimum trench width required, he shall indicate in the appropriate place provided on the tender form his proposed methods of excavation. Where the use of an excavator is either specified on the drawings or approved as evidenced by the acceptance of his tender on which he has indicated the proposed use of a backhoe he shall conform to the following requirements: a) the topsoil shall be stripped and replaced in accordance with Section .2 "Scalping". b) all tile shall be installed on a bed of 19mm crushed stone with a minimum depth of 150mm which has been shaped to conform to the lower segment of the tile. c) the Contractor shall allow for the cost of the preceding requirements (including the supply of the crushed stone) in his lump sum tender price unless it is otherwise provided for in the contract documents. .4 Backfilling Ditch: Where the contract includes for a closed drain to replace an open drain and the ditch is to be backfilled, the Contractor shall install the tile and backfill the trench prior to backfilling the ditch unless otherwise noted. The distance the trench shall be located away from the ditch shall be as noted on the drawings, (beyond area required for stockpiling topsoil and backfilling). After tile installation is complete topsoil (if present) shall be stripped and stockpiled within the above limits prior to backfilling of ditch. Only tracked equipment shall be permitted to cross backfilled tile trench and must be at 90 degrees to line of tile. C.8 INSTALLATION The tile is to be laid with close fitting joints and in regular grade and alignment in accordance with the plan and profile drawings. The tiles are to be bevelled, if necessary, to ensure close joints (in particular around curves). Where, in heavy clay soils, the width of a joint exceeds 10mm the joint shall be wrapped with filter cloth as below. Where the width of a joint exceeds 12mm the tile shall first be removed and the joint bevelled to reduce the gap. The maximum deflection of one tile joint shall be 15 degrees. Where a drain connects to standard or ditch inlet catchbasins or junction box structures, the Contractor shall include in his tender price for the supply and installation of compacted Granular >A= bedding under areas backfilled from the underside of the pipe to undisturbed soil. The connections will then be grouted. Where a tile drain passes through a bore pit, the Tile Contractor shall include in his tender price for the supply and placement of compacted Granular AA@ bedding from the underside of the pipe down to undisturbed soil within the limits of the bore pit. As above and where soil conditions warrant, the Engineer may require (or as specified on the drawings) that each tile joint be wrapped with synthetic filter cloth. The width of the filter cloth shall be 300mm wide for tile sizes of 150mm to 300mm and 400mm wide for sizes of 350mm to 750mm. The filter cloth shall cover the full perimeter of the tile and overlap a minimum of 100mm or as specified on the drawings. The type of cloth shall be Mirafi 140NL for loam soils and 150N for sandy soil. Any such work not shown on the drawings shall be considered as an addition to the contract price unless specified on the drawings. C.9 ROAD AND LANEWAY SUB-SURFACE CROSSINGS All road and laneway crossings may be made with an open cut in accordance with standard detailed drawings in the specifications or on the drawings. The exact location of the crossing shall be verified and approved by the Road Authority and the Engineer and/or Superintendent. Page 35 of 129 Page 13 Revised January 2020 C.10 BACKFILLING As the laying of the tile progresses, blinding up to the springline including compaction by tamping (by hand) is to be made on both sides of the tile. No tile shall be backfilled until inspected by the Engineer or Drainage Superintendent unless otherwise approved by the Engineer. The remainder of the trench shall be backfilled with special care being taken in backfilling up to a height approximately 150mm above the top of the tile to ensure that no tile breakage occurs. During the backfilling operation no equipment shall be operated in a way that would transfer loads onto the tile trench. Surplus material is to be mounded over the tile trench so that when settlement takes place the natural surface of the ground will be restored. Upon completion, a minimum cover of 600mm is required over all tile. Where stones larger than 150mm are present in the backfill material, they shall be separated from the material and disposed of by the Contractor. Where a drain crosses a lawn area, the backfilling shall be carried out as above except that, unless otherwise specified, the backfill material shall be mechanically compacted to eliminate settlement. C.11 UNSTABLE SOIL The Contractor shall immediately contact the Engineer or Superintendent if quicksand is encountered, such that installation with a tiling machine is not possible. The Engineer shall, after consultation with the Superintendent and Contractor, determine the action necessary and a price for additions or deletions shall be agreed upon prior to further drain installation. Where directed by the Engineer, test holes are to be dug to determine the extent of the affected area. Cost of test holes shall be considered an addition to the contract price. C.12 ROCKS The Contractor shall immediately contact the Engineer or Superintendent if boulders of sufficient size and number are encountered such that the Contractor cannot continue trenching with a tiling machine. The Engineer or Superintendent may direct the Contractor to use some other method of excavating to install the drain. The basis of payment for this work shall be determined by the Engineer and Drainage Superintendent. If only scattered large stones or boulders are removed on any project, the Contractor shall haul same to a nearby bush or fence line, or such other convenient location as approved by the Landowners(s). C.13 BROKEN, DAMAGED TILE OR EXCESS TILE The Contractor shall remove and dispose of off-site all broken (existing or new), damaged or excess tile or tiles. If the tile is supplied by the Municipality, the Contractor shall stockpile all excess tile in readily accessible locations for pickup by the Municipality upon the completion of the job. C.14 TRIBUTARY DRAINS Any tributary tile encountered in the course of the drain shall be carefully taken up by the Contractor and placed clear of the excavated earth. If the tributary tile drains encountered are clean or reasonably clean, they shall be connected into the new drain. Where existing drains are full of sediment, or contain pollutants, the decision to connect those drains to the new drain shall be left to the Engineer or Superintendent. Each tributary tile connection made by the Contractor shall be located and marked with a stake and no backfilling shall take place until the connection has been approved by the Engineer or Superintendent. For tributary drains 150mm dia. or smaller connected to new tiles 250mm dia. or larger, and for 200mm dia. connected to 350mm dia. or larger, the Contractor shall neatly cut a hole in the middle of a tile length. The connections shall be made using a prefabricated adaptor. All other connections shall be made with prefabricated wyes or tees conforming to Boss 2000 split coupler or approved equal. Where an open drain is being replaced by a new tile drain, existing tile outlets entering the ditch from the side opposite the new drain shall be extended to the new drain. All existing metal outlet pipes shall be carefully removed, salvaged, and left for the owner. Where the grade of the connection passes through the newly placed backfill in the ditch, the backfill material below the connection shall be thoroughly compacted and metal pipe of a size compatible with the tile outlet shall be installed so that a minimum length of 2 meters at each end is extending into undisturbed soil. Page 36 of 129 Page 14 Revised January 2020 C.14 TRIBUTARY DRAINS (cont’d) Where locations of tiles are shown on the drawings the Contractor shall include in his tender price, all costs for connecting those tiles to the new drain regardless of length. Where tiles not shown on the drawings are encountered in the course of the drain, and are to be connected to the new drain, the Contractor shall be paid for each connection at the rate outlined in the Form of Tender and Agreement. C.15 OUTLET PIPES Corrugated steel pipe shall be used to protect the tile at its outlet. It shall have a hinged metal grate with a maximum spacing between bars of 40mm. The corrugated steel pipe shall be bevelled at the end to generally conform to the slope of the ditch bank and shall be of sufficient size that the tile can be inserted into it to provide a solid connection. The connection will then be grouted immediately. The installation of the outlet pipe and the required rip-rap protection shall conform to the standard detailed drawing as noted on the drawing. C.16 CATCHBASINS AND JUNCTION BOXES .1 Catchbasins: Unless otherwise noted or approved, catchbasins shall be in accordance with O.P.S.D. 705.010, 705.030. All catchbasins shall include two - 150mm riser sections for future adjustments. All ditch inlet catchbasins shall include one 150mm riser section for future adjustments. The catchbasin top shall be a "Bird Cage" type substantial steel grate, removable for cleaning and shall be inset into a recess provided around the top of the structure. The grate shall be fastened to the catchbasin with bolts into the concrete. Spacing of bars on grates for use on 600mmx600mm structures shall be 65mm centre to centre. Spacing of bars on grates for use on structures larger than 600mmx600mm shall be 90mm with a steel angle frame. The exact location and elevation of catchbasins shall be approved by the Road Authority or the Engineer/Superintendent. Catchbasins offset from the drain shall have "Boss 2000" 200mm diameter leads or approved equal unless otherwise noted and the leads shall have a minimum of 600mm of cover. The leads shall be securely grouted at the structures and the drain. .2 Junction Boxes: Junction boxes shall be the precast type unless otherwise approved. Dimensions for precast junction boxes shall conform to those for catchbasins. The inside dimensions of the box shall be a minimum of 100mm larger than the outside diameter of the largest pipe being connected. The minimum cover over the junction box shall be 600mm. Benching to spring line shall be supplied with all junction boxes. .3 Connections: Catchbasins and junction boxes shall not be ordered until elevations of existing pipes being connected have been verified in the field as indicated on the drawings. All connections shall be securely grouted at both the inside and outside walls of the structure. .4 Installation: Where the native material is clay, all catchbasins shall be backfilled with an approved granular material placed and compacted to a minimum width of 300mm on all sides with the following exception. Where the native material is sandy or granular in nature it may be used as backfill. Filter cloth shall be placed between the riser sections of all catchbasins. Where the Contractor has over excavated or where ground conditions warrant, the structure shall be installed on a compacted granular base. The Contractor shall include in his tender price for the construction of a berm behind all ditch inlet structures. The berm shall be constructed of compacted clay keyed 300mm into undisturbed soil. Topsoil shall be distributed to a 65mm thickness and seeded unless otherwise specified. The Contractor shall also include for regrading, shaping and seeding of road ditches for a maximum of 15 meters each way from all catchbasins. Page 37 of 129 Page 15 Revised January 2020 C.17 BLIND INLETS Where specified, blind inlets shall be installed along the course of the drain in accordance with details on the drawings. C.18 GRASSED WATERWAY Topsoil to be stripped from construction area and stockpiled prior to construction of waterway. Waterway to be graded into a parabolic shape to the width shown on the drawings. Topsoil to be relevelled over the waterway and other areas disturbed by construction. Waterway to be prepared for seeding by harrowing and then seeded by drilling followed by rolling. Seeding rate to be 85 Kg/Ha with the following mixture: 30% Canon Canada Bluegrass 25% Koket Chewings Fescue 30% Rebel Tall Fescue 15% Diplomat Perennial Rye Plus #125 Birdsfoot Trefoil (25% of Total Weight) C.19 BACKFILLING EXISTING DITCHES The Contractor shall backfill the ditch sufficiently for traversing by farm machinery. If sufficient material is not available from the old spoil banks to fill in the existing ditch, the topsoil shall be stripped and the subsoil shall be bulldozed into the ditch and the topsoil shall then be spread over the backfilled ditch unless otherwise specified on the contract drawings. The Contractor shall ensure sufficient compaction of the backfill and if required, repair excess settlement up to the end of the warranty period. The final grade of the backfilled ditch shall provide an outlet for surface water. C.20 RECOMMENDED PRACTICE FOR CONSTRUCTION OF SUBSURFACE DRAINAGE SYSTEM Drainage guide for Ontario, Ministry of Agriculture, Food and Rural Affairs Publication Number 29 and its amendments, dealing with the construction of Subsurface Drainage systems, shall be the guide to all methods and materials to be used in the construction of tile drains except where superseded by other specifications of this contract. The requirements of licensing of operators, etc. which apply to the installation of closed drains under the Tile Drainage Act shall also be applicable to this contract in full unless approval otherwise is given in advance by the Engineer. Page 38 of 129 Page 39 of 129 Page 40 of 129 Page 41 of 129 Page 42 of 129 Page 43 of 129 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A07-22 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 25, 2022 REPORT NUMBER: 2022-167 OWNER: Promar Homes Inc. c/o Evan Prouse P.O. Box 63, Tillsonburg ON, N4G 4H3 REQUESTED VARIANCES: 1. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Rear Yard, Minimum Depth, to decrease the minimum required depth from 12.0 m (39.3 ft) to 11.7 m (38.4 ft); 2. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Lot Coverage, Maximum, to increase the total permitted lot coverage from 35% of the lot area to 38% of the lot area; and 3. Relief from Section 5.37.1, Permitted Projections Into Required Yards – Table 5.37.1 Permitted Projections Into Required Yards, to increase the permitted projection of a covered porch into a rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); The above variances have been requested to facilitate the construction of a single detached dwelling. LOCATION: The subject property is described as Part of Brookside Lane, Plan 41M-218, Part 1 of 41R-9642 in the Town of Tillsonburg. The property is located on the west side of Lyndale Road, between Quarter Town Line and Brookside Lane, and is municipally known as 21 Lyndale Road, Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential Page 44 of 129 File Number: A07-22 Report Number 2022-167 Page 2 TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Low density residential uses, consisting of single detached dwellings, with a stormwater management pond and the Trans Canada Trail to the north. COMMENTS: (a) Purpose of the Application: The proposed minor variances have been requested to facilitate the construction of a single storey, single detached dwelling on the subject lands, with an attached garage and a covered porch at the rear of the proposed dwelling. It is proposed that the dwelling will be approximately 273.9 m2 (2,948 ft2) in size, according to the site sketch provided by the applicant. The subject lands are approximately 729.2 m2 (7,849 ft2) in area, with approximately 20.99 m (68.8 ft) of frontage on Lyndale Road. Surrounding land uses are predominately comprised of existing single detached dwellings and a stormwater management pond to the north. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2020 Aerial Map, provides an aerial view of the subject lands and surrounding properties. Plate 3, Applicant’s Sketch, shows the dimensions of the proposed dwelling on the subject lands. (b) Agency Comments: The Town Chief Building Official, the Town Fire Chief and the Oxford County Public Works Department have indicated they have no concerns with the proposal. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 13, 2022 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the County of Oxford Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting townhouses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan. Page 45 of 129 File Number: A07-22 Report Number 2022-167 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law. The ‘R1’ zone permits the development of a single detached dwelling and requires a minimum rear yard depth of 12 m (39.3 ft) for such development and permits a maximum lot coverage of 35 %. Section 5.37.1 of the Zoning By-law permits certain structures, such as covered porches and decks, to project a maximum of 1.5 m (3.9 ft) into required rear yards, provided a minimum setback of 7.5 m (24.6 ft) can be maintained between the projection and the rear lot line. The purpose of this provision is to recognize that structures such as covered porches and decks are typically smaller in scale and size than single detached dwellings, and often function as additional amenity space for these residential uses, which is the primary intent of maintaining the rear yard space. In this instance, the site plan provided by the applicant indicates that the proposed dwelling will be located 11.8 m (38.7 ft) from the rear property line, with a covered porch which is proposed to be setback 9.7 m (31.8 ft) from the rear lot line. The intent of these provisions is to ensure that single detached dwellings maintain sufficient setback to provide a buffer for neighbouring properties, as well as maintaining adequate space for recreational and amenity area, and proper area for drainage. In this instance, it is not anticipated that the increased lot coverage, minor reduction to the rear yard depth and minor increase to the permitted projection into the required rear yard depth will have a negative impact on neighbouring property owners or appropriate lot grading or drainage, and it is noted that a final grading and drainage plan will be reviewed by the Town Engineering Department to ensure there are no adverse impacts as a result of the proposed construction. Further, staff are satisfied that the proposed construction will provide for sufficient amenity area for the rear yard of the subject lands, which is in keeping with the intent of the Town Zoning By- law. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief will facilitate the development of a single detached dwelling that will allow for adequate rear yard amenity space and is not anticipated to negatively impact drainage, it can be considered desirable development for the property. Additionally, staff are satisfied that the increased lot coverage and requested increase of the permitted projection for a covered deck to 2.4 m (7.8 ft), and the 0.3 m (1 ft) reduction to the required rear yard depth can be considered minor departures from the provisions of the By-law. Further, staff are satisfied that the proposed relief will continue to provide sufficient separation between the proposed dwelling and the rear property line to allow for normal yard maintenance and access and approval of the proposed variances will be in keeping with the existing character and aesthetic of the surrounding lands. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. Page 46 of 129 File Number: A07-22 Report Number 2022-167 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A07/22 submitted by Promar Homes Inc., for lands described as Part of Brookside Lane, Plan 41M-218, Part 1 of 41R-9642 in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Rear Yard, Minimum Depth, to decrease the minimum required depth from 12.0 m (39.3 ft) to 11.7 m (38.4 ft); 2. Relief from Section 6.2, R1 Zone Provisions – Table 6.2: Zone Provisions – Lot Coverage, Maximum, to increase the total permitted lot coverage from 35% of the lot area to 38% of the lot area; 3. Relief from Section 5.37.1, Permitted Projections Into Required Yards – Table 5.37.1 Permitted Projections Into Required Yards, to increase the permitted projection of a covered porch into a rear yard from 1.5 m (4.92 ft) to 2.4 m (7.87 ft); Subject to the following conditions: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. ii. That the proposed relief shall only apply to the construction of a single detached dwelling and covered porch of the general size and location as illustrated on Plate 3 of Report CP 2022-167, to the satisfaction of the Town of Tillsonburg. As the proposed variances are: (i) deemed to be minor variances from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: original signed by Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: original signed by Gordon Hough, RPP Director Page 47 of 129 April 6, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A 07/22: Promar Homes Inc. Part Brookside Lane, Plan 41M-218, Part 1 of 41R-9642- 21 Lyndale Road, Tillsonburg Subject Lands Quarter Town Line Trans- Canada Trail Lyndale Road Belmont Avenue Brookside Lane Glendale Drive Page 48 of 129 April 6, 2022 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Lands Plate 2: 2020 Aerial Map File No: A 07/22: Promar Homes Inc. Part Brookside Lane, Plan 41M-218, Part 1 of 41R-9642- 21 Lyndale Road, Tillsonburg Quarter Town Line Page 49 of 129 Plate 3: Applicant's Sketch File No: A 07/22: Promar Homes Inc. Part Brookside Lane, Plan 41M-218, Part 1 of 41R-9642- 21 Lyndale Road, TillsonburgPage 50 of 129 Page 51 of 129 Page 52 of 129 Page 53 of 129 Page 54 of 129 Page 55 of 129 Page 56 of 129 Page 57 of 129 Page 58 of 129 DRAFT FOR DISCUSSION PURPOSES ONLY OXFORD COUNTY JointTransportation Network (Roads & Bridges) Operations & Maintenance Service Delivery Review Council Presentation April 25, 2022 Page 59 of 129 2© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Project Overview Project Background •Under the Municipal Act, 2001, Oxford County holds non-exclusive municipal authority over “Highways, including parking and traffic on highways” where both upper & lower tier municipalities have power to pass by-laws under this sphere. •Transportation network system is owned by Oxford County. •Oxford operates all of its arterial transportation system except in Ingersoll, Tillsonburg and Woodstock which are operated and maintained under service provider contract agreements with the County (through delegation of non-exclusive powers & duties). Key Dates •Oxford Council Report CS 2021-14 (March, 2021) •Authorization to pursue Municipal Modernization Program funding for joint Transportation Network System Service Delivery Review (SDR) •Joint SDR MMAH Funding Approval (June, 2021) •Joint SDR Request-for-Proposal Terms of Reference (July, 2021) •Joint SDR RFP Award (September, 2021) •Joint SDR Final Information Report to County Council (March 23, 2022) •Joint SDR Final Information Report to Area Municipalities (March 24, 2022) Project Background Page 60 of 129 3© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Project Overview Project Objectives KPMG was engaged by Oxford County (“the County”) and its Area Municipalities to assist in a comprehensive review of the regional transportation network (roads & bridges) operations and maintenance conducted by Oxford County and its contracted service providers (Ingersoll, Woodstock, Tillsonburg) on the County road network (arterial road network). The ultimate objective of this review was to determine the most appropriate and cost-effective way of operating and maintaining the regional transportation network in the County while maintaining or improving service levels. The service delivery review: •Examined the operational effectiveness of the existing transportation network system; •Reviewed the operational effectiveness of maintenance service delivery models (e.g., in-house, service contracts, etc.); •Reviewed transportation levels of services and historical financial performance; •Identified potential alternative organizational approaches for delivering transportation services, and; •Identified opportunities for cost savings while maintaining or improving levels of service. Due to data limitations discovered during the project, the following was considered out of scope: •Conduct a full lifecycle cost benefit analysis. Project Drivers Over the next decade, increased residential and employment growth is anticipated across the County. Currently, the County and its Area Municipality’s strive to meet expected levels of service given their current resource structure; however, the anticipated growth may strain the resources. As such, the County and its Area Municipalities are looking for opportunities for maintaining the regional transportation network in the most appropriate and cost-effective way while maintaining or improving service levels both currently and in the future. Project Objectives •Project objectives clarified the expectations between the consultant and the client. Page 61 of 129 4© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Project OverviewIntroduction and Context Project Timeline This engagement commenced in October 2021 and was completed when the draft final report was presented to management March 7, 2022. The diagram below depicts the key phases as outlined in the Project Charter October Oct. –Dec.Jan. –Feb.March 01 02 03 04 05 Project Initiation Comparative Service Delivery Analysis Review of Service Contract Funding Model Final Report and Presentation Feb. –Mar. Current Service Delivery Overview Project Initiation Current Service Delivery Overview Comparative Service Delivery Analysis . Review of Service Contract Funding Model Final Report & Presentation Completed Completed Completed Completed The activities completed to form the final report include: •Current state assessment of the County’s transportation services •Current state transportation services financial analysis for County and its Area Municipalities •SWOT analysis on a status quo+ and three alternative service delivery models •Financial analysis and human capital analysis on three alternative service delivery models •Analysis on current contracted service model •Develop of opportunities and recommendations to improve service delivery. Completed Page 62 of 129 Future Opportunities Oxford CountyTransportation Network (Roads & Bridges) Operations & Maintenance Service Delivery ReviewCouncil Presentation Page 63 of 129 6© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. 3-Year Average (2018-2020) Efficiency Metrics –Winter Maintenance1 3-Year Average (2018-2020) Efficiency Metrics –Roads1 Current State ReviewTransportation Services Efficiency Metrics 3-Year Average Efficiency Metrics1 Roads Expense per Lane KM Winter Expense per Lane KM Bridge Expense per SqM Bridges Oxford County $ 2,221 $ 1,944 $ 3 Woodstock $ 2,754 $ 2,026 $ 10 Tillsonburg $ 3,139 $ 2,655 $ 2 Ingersoll $ 3,986 $ 2,787 $ 2 Norwich $ 2,022 $ 1,027 $ 11 Zorra $ 1,479 $ 1,841 $ 2 South-West Oxford $ 2,074 $ 874 $ 1 Blandford-Blenheim $ 2,472 $ 1,081 $ 1 East Zorra- Tavistock $ 1,385 $ 1,348 $ 2 Throughout the project KPMG focused on all Public Works activities performed by Oxford County and its Area Municipalities on the County road network. Based on these activities, KPMG derived efficiency metrics including roads expense per lane KM, winter expense per lane KM and bridge and culvert expense per sq.m of bridges. The efficiency metrics were used to determine operational impact for each of the alternative service delivery models. The below summarizes the efficiency metrics for Oxford County and its Area Municipalities: $- $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 $4,500 $- $500 $1,000 $1,500 $2,000 $2,500 $3,000 3-Year Average (2018-2020) Efficiency Metrics –Bridges & Culverts1 Source: 1-Area Municipality Financials $- $2 $4 $6 $8 $10 $12 Page 64 of 129 7© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Alternative Delivery Structures Opportunity #1: Explore Alternative Service Delivery Models –Based on the current state understanding of County operations, KPMG worked with the County and its Area Municipalities to develop a status quo+ scenario and three alternative delivery structures for consideration. –Each structure was analyzed to determine the impact on operating expenditures, staff and equipment. Maintain the current operations between the County and three (3) Area Municipalities, with enhancements to maintenance agreements Option 01 Option 02 Option 03 The County would assume full control of all operation and maintenance activities for its assets The County maintains road authority role, with operations and maintenance performed by each area municipality. The County transfers its road authority role and downloads all road network assets, network planning and O&M responsibilities Status Quo+Centralized Service Delivery Localized Service Delivery Full Asset Download Lane KM maintained by the County: 1,185KM Lane KM maintained by Area Municipalities: 103KM Lane KM maintained by the County: 1,288KM Lane KM maintained by Area Municipalities: 0KM Lane KM maintained by the County: 0KM Lane KM maintained by Area Municipalities: 1,288KM Lane KM maintained by the County: 0KM Lane KM maintained by Area Municipalities: 1,288KM Page 65 of 129 8© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Opportunity #1: Explore Alternative Service Delivery ModelsSummary of Alternative Service Delivery Options -1.3%Base case total operating expenditures: $21,006,734 Scenario total operating expenditures: $20,737,726 Status Quo+ Overall assessment The quantitative results of the alternative servicey delivery analysis are summarized below. If the objective of transitioning the transportation service delivery model is to lower the cost to the County, the full asset download would achieve this objective. However, this option involves a number of other conditions (i.e., sale of assets, impact on municipal taxes, labour considerations) that have not been fully analyzed and may reduce or eliminate the cost benefit to the County. If the objective is to lower the cost to the taxpayers, the centralized service delivery model would achieve this objective. In the short-term, the status quo+ option outlines an opportunity to modify existing urban maintenance agreements to reflect the level of service required by the County with minimal impact to operations. -1.6%Base case total operating expenditures: $21,006,734 Scenario total operating expenditures : $20,677,755 Option #1: Centralized Service Delivery Status Quo + The County would only pay for operations and maintenance activities up to the expected level of service. Any costs above the expected level of service would be incurred by the Area Municipality. This scenario would result in annual savings of approximately $283,943 for the County and have minimal impact on current operations. +3.6%Base case total operating expenditures: $21,006,734 Scenario total operating expenditures : $21,758,123 Option #2: Localized Service Delivery +6.4%Base case total operating expenditures: $21,006,734 Scenario total operating expenditures : $22,347,159 Option #3: Full Asset Download* Alternative Options •Based on the analysis of the centralized, localized and full asset download options, the centralized service delivery model presents the lowest overall cost to both the County and its Area Municipalities. •Through the centralization of transportation service delivery, the County’s average operating spend would decrease to $4,650,429 from $5,043,965 (or 7.8%) per year, with minimal disruption to current operations. •When analysing based on lowest cost for the County, the full asset download option will save the County an average of $4,499,794 (or 89.2%)per year as all road network assets would be transitioned to the Area Municipalities. However, this option would require more study into asset condition, labour laws, and municipal taxes to understand the full impact of transitioning the County’s assets. * Total operating expenditures for full asset download does not include expenditures related to the sale of assets or other conditions noted on slide 61 % change in global expenditures Page 66 of 129 9© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Opportunity #2: Conduct a review of Public Works Patrol YardsConduct a Review of Public Works Patrol Yards Current County and Area Municipality Patrol YardsThe County currently delivers transportation services from four patrol yards in Drumbo, Highland, Springford, and Woodstock. In addition, each Area Municipality delivers services from various patrol yards within their municipal boundary. In total, there are 16 patrol yards throughout the County that may require consolidation as a result of the County’s future state service delivery model. Regardless of the future state transportation services service delivery model, the County should consider conducting a patrol yard analysis to optimize Public Works facility space across the County. The study would help to ensure a thorough understanding of the lifecycle of each patrol yard, current space and identify opportunities for co-investment with its Area Municipalities where the replacement cycles align. Facilities assessments of each yard would become vital if assets are transferred to the County’s Area Municipalities as part of the localized or full asset download service delivery model. In addition, a facilities review can have the following impacts on operations: •Improved service delivery result from more optimal locations •Better supervision, collaboration and coordination of activities •Optimize available storage space by taking advantage of existing property Other municipalities, like as Wellington County, have adjoining or shared facilities with one or more of their Area Municipalities. We are increasingly seeing this raised as an issue, particularly when area municipalities see growth that outpaces the capabilities of site constrained existing facilities. Page 67 of 129 10© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Opportunity #3: Consider Joint Procurement OpportunitiesJoint Procurement Savings Based on industry experience, outsourced service providers may extend a discount of 5-10% for large service contracts. As noted in the previous slides, joint procurement saving will not affect the County and its Area Municipalities equally as each Area Municipality outsources various portions of each activity. Potential Savings by Municipality1 1 KPMG did not have access to detailed outsource contracts to complete a detailed contracted activity analysis. This comparison should be complete before any joint procurement opportunities are explored. Page 68 of 129 11© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Opportunity #4: Implement Additional KPIsKPI Framework Category KPI Roads •Percent of County road network in excellent, good, or fair condition•Share of urban County road network with poor ride quality•Share of rural County road network with poor ride quality•Frequency of achieving minimum maintenance standards on the County road network Winter Maintenance •Annual total salt and sand use above the recommended usage•Frequency of achieving bare lanes within service level target after a winter event Bridges & Culverts •Share of bridges in poor condition as a percentage of total Sq.M The use and regular review of performance measures are critical to the success of any organization or complex process. During the review it was noted that the County tracks a number of efficiency metrics including cost per road KM, cost per winter lane KM, and cost for bridges and culverts, however additional metrics can be used to improve performance measurement. The County should build upon the performance measurement framework to improve the management and evaluation of transportation services. The framework should be grounded in leading practice and analysis of past performance. It should include: •The identification of end-to-end and department-specific key performance indicators KPIs, including efficiency and effectiveness measures; •KPI collection procedures; •KPI reporting procedures, including the identification of appropriate KPIs for each major stakeholder group and how they will be shared (e.g., a high- level monthly dashboard with strategic KPIs for senior-level staff and a weekly report with operational measures for managers); and, •A process for reviewing the effectiveness of KPIs. Example indicators are included below. These KPIs are based on KPMG leading practice. This is an illustrative list and not meant to be exhaustive. In addition, dashboard reporting can be leveraged to more effectively monitor the service performance of the County and its Area Municipalities. A sample dashboard has been included on the following page. Page 69 of 129 12© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Opportunity #5: Service Level MetricsService Level Metrics During the current state analysis, it was noted that each Area Municipality is at a different maturity for level of service planning and costing. This is at least partially a result of a reactive approach to transportation data collection and management and creates challenges in quantifying the level of service provided on the County road network. Interim State In the short term, the County can utilize service level efficiency metrics for winter maintenance (see slide 29) as a baseline to update urban maintenance agreements. These efficiency metrics provide a more accurate measurement of the cost of service delivery based on road classification and would more closely align to the service level expected by the County. Any updates to the urban maintenance agreements should be subject to negotiation based on data provided by the Area Municipalities. Target State All parties should develop a level of service for all transportation-related activities, according to the process shown at right, which comes from the National Research Council and Federation of Canadian Municipalities’ Developing Levels of Service best practices guide (link). Forecasting the cost of the levels of service can be achieved through the identification of the following metrics for its core transportation assets: •Service levels •Equipment required to achieve service levels •Manpower required to achieve service levels It should be noted that the Municipal Asset Management Planning Regulation outlines a phased approach to developing a detailed asset management plan. As such, the information noted above is not fully required until phase 4 of the plan. The deadline for phase 4 is currently noted as July 1, 2025. Page 70 of 129 13© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Opportunity #6: Utilize GPS TechnologyGPS Technology During the current state analysis, it was noted that the County and its Area Municipalities are not full utilizing GPS technology to gain full visibility into transportation services and operations. GPS technology provides a more effective way to monitor and track road assets, fuel costs, asset maintenance, asset utilization, and materials utilization. In addition, GPS technology can help to ensure that all transportations assets (i.e., roads, bridges, ect.) are adequately serviced as per service level standards through real-time data capture. The successful implementation of GPS and other innovative technology can also reduce the need for transportation activities, such as road patrol, creating capacity for transportation staff. Sample Case Studies 1.In 2020, the City of Hamilton initiated its Smart Cities Project with an objective to demonstrate the potential of automated data capture and reporting. The City partnered with a technology firm to implement GPS and other technology on the City’s fleet and static assets. As a result, the City was able to derive 850 process automation, cost efficiency and level of service observations from 23,036 data points. 2.In 2019, the City of Guelph initiated its AI-enabled pavement condition assessment project. The objective of the project was to address road preventative maintenance issues. With the assistance of a technology partner, the City was able to implement technology on its existing fleet to increase the collection and frequency of data concerning road conditions. Source: lidarmag.com, Autodesk.com, vgis.io, sse-llc.com, smartcitiesworld.net Page 71 of 129 14© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. 01 Determine the optimal structure for the County’s Public Works department 04 Compare the County’s organizational structure to similar organizations with comparable transportation service delivery. . 03 Assess staff capacity to take on road authority and other transportation responsibilities. 02 Assess roles & responsibilities within the current organizational structure. Opportunity #7: Re-evaluate the Organizational StructureRe-Evaluate the Organizational Structure for Transportation Services As part of the alternative service delivery model options analysis, there may be human capital requirements to ensure efficient delivery of transportation services operation and maintenance activities. To determine the human capital requirements for each scenario, KPMG analyzed the County’s current staffing model utilized to achieve their desired service levels. While this provides insight into potential FTE requirements for each scenario, further study on organizational structure, roles & responsibilities and capacity may be required. Re-evaluate the organizational structure and resourcing model for Transportation Services to support the future state service delivery model. This may include: Page 72 of 129 15© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. Low High HighEffortImpactSuggested recommendations have been mapped for impact vs effort to help prioritize activities. The order that recommendations should be implemented would be top left quadrant (low effort, high impact) to bottom left quadrant (low effort, low impact) and top right quadrant (high effort, high impact) down to bottom right quadrant (high effort, low impact). Those in the bottom right quadrant would be considered to be optional as a result of the potential effort required versus the potential benefit derived. Suggested Actions High-Level Implementation PlanPrioritization of Suggested Recommendations 1 Review objectives associated with the transition of the transportation service delivery model to implement the optimal model based on the alternative service delivery analysis 2 Conduct a review of transportation services patrol yards 3 Consider joint procurement opportunities for core transportation service activities 4 Implement additional KPIs to measure the effectiveness of transportation service delivery 5 a) Utilize level of service metrics in urban maintenance agreements b) Enhance the maturity of activity based costing 6 Utilize GPS technology to more effectively monitor transportation service activities 7 Re-evaluate the organizational structure for transportation services LegendService Delivery Model Processes Data & Analytics Equipment & Technology People 1 23 4 5 6 7 Page 73 of 129 16© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. High-Level Implementation PlanConclusion KPMG was engaged by Oxford County (“the County”) and its Area Municipalities to assist in a comprehensive review of the regional transportation network (roads & bridges) operations and maintenance conducted by Oxford County and its contracted service providers (Ingersoll, Woodstock, Tillsonburg). The ultimate objective of this review was to determine the most appropriate and cost-effective way of operating and maintaining the regional transportation network in the County while maintaining or improving service levels. The following was noted during the review. 1.Based upon the development and review of transportation services efficiency metrics, the County is cost competitive compared to its Area Municipalities. The County’s three year average roads expense per lane KM ($2,220.93) and winter expense per lane KM ($1,943.91) are the lowest among its current contracted urban service providers (Ingersoll, Woodstock, Tillsonburg). 2.Each Area Municipality is at a different maturity for level of service planning and costing. This is at least partially a result of a reactive approach to transportation data collection and management. As such, it is difficult to quantify the current level of service for transportation activities. The County should consider service level efficiency metrics as a baseline for urban maintenance agreements. 3.The operating, staffing and equipment impact of a status quo+ and three alternative service delivery models (centralized, localized and full asset download) was assessed. In the short-term, the status quo+ option outlines an opportunity to modify existing urban maintenance agreements to reflect the level of service required by the County. In the long-term, the County, in collaboration with its Area Municipalities, should determine the appropriateness of progressing to the implementation of an alternative service delivery model based on overall objectives (i.e., overall cost to the County vs. overall cost to the taxpayers) 4.The County and its Area Municipalities are spending an average of $2.7M on contracted services annually. Common outsourced services include snow plowing, hardtop maintenance, right of way maintenance, railway crossing maintenance, ditch maintenance, bridge and culvert maintenance, pavement markings and curb maintenance. Leveraging joint procurement for these services can result in savings of 5-10% or $77,000-$154,000 annually. Page 74 of 129 17© 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Next Steps Next Steps •Joint SDR Final Report publicly posted per MMAH requirement •Ongoing Review of Joint SDR Final Report findings & recommendations May 11, 2022: •SDR Presentation to Oxford County Council •Staff Report to Oxford County Council with preferred service delivery approach •Oxford County Council SDR deliberations Page 75 of 129 18© 2022 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name and logo are registered trademarks or trademarks of KPMG International. This report has been prepared by KPMG LLP (“KPMG”) for Oxford County (“Client”) and its Area Municipalities pursuant to the terms of our Agreement with the Client. KPMG neither warrants nor represents that the information contained in this report is accurate, complete, sufficient or appropriate for use by any person or entity other than Client or for any purpose other than set out in the Engagement Agreement. This report may not be relied upon by any person or entity other than Client, and KPMG hereby expressly disclaims any and all responsibility or liability to any person or entity other than Client in connection with their use of this report. This report is based on information and documentation that was made available to KPMG at the date of this report . KPMG has not audited nor otherwise attempted to independently verify the information provided unless otherwise indicated. Should additional information be provided to KPMG after the issuance of this charter, KPMG reserves the right (but will be under no obligation) to review this information and adjust its comments accordingly. Pursuant to the terms of our engagement, it is understood and agreed that all decisions in connection with the implementation of advice and recommendations as provided by KPMG during the course of this engagement shall be the responsibility of, and made by, Oxford County and its Area Municipalities. KPMG has not and will not perform management functions or make management decisions for Oxford County or its Area Municipalities. This report may include or make reference to future oriented financial information. Readers are cautioned that since these financial projections are based on assumptions regarding future events, actual results will vary from the information presented even if the hypotheses occur, and the variations may be material. Comments in this report are not intended, nor should they be interpreted, to be legal advice or opinion. KPMG has no present or contemplated interest in Oxford County and its Area Municipalities nor are we an insider or associate of Oxford County and its Area Municipalities. Accordingly, we believe we are independent of Oxford County and its Area Municipalities, and are acting objectively. Oxford County –Transportation Network (Roads & Bridges) Operations & Maintenance SDRDisclaimer Page 76 of 129 kpmg.ca The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. © 2022 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved. Page 77 of 129 Page 78 of 129 1 Ministry of the Solicitor General Office of the Fire Marshal 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1100 Fax: 647-329-1143 Ministère du Solliciteur général Bureau du commissaire des incendies 25, avenue Morton Shulman Toronto ON M3M 0B1 Tél.: 647-329-1100 Téléc.: 647-329-1143 MEMORANDUM TO: Heads of Council / Chief Administrative Officers FROM: Tim Beckett Acting Ontario Fire Marshal DATE: April 14, 2022 SUBJECT: O. Reg. 343/22: Firefighter Certification Dear Heads of Council and Chief Administrative Officers, I am writing to provide an update on the work that we have been doing on firefighter certification under the Fire Protection and Prevention Act, 1997. I am pleased to let you know that O. Reg. 343/22: Firefighter Certification has been filed under the Act. It is available on e-Laws here. Throughout the consultation period, we received tremendous feedback and support from municipalities, fire chiefs, and partner associations including the Ontario Association of Fire Chiefs, Ontario Professional Fire Fighters Association and the Fire Fighters Association of Ontario. The Office of the Fire Marshal (OFM) has been working collaboratively with all partners to understand the regulation and how the OFM can best support departments at the local level throughout the implementation period. The final regulation reflects changes related to exceptions, transition, and certification standards in response to feedback received during the Regulatory Registry posting period and during the municipal technical briefings. This feedback assisted in finalizing the firefighter certification regulation, which provides flexibility for local municipalities, while supporting firefighter and public safety. With this regulation, we are not asking that firefighters train to higher levels than they already are. Certification is a process of verification, ensuring that a firefighter is trained to the standard they are required to perform, as set out in the level of service determined by a municipal council or territory without municipal organization. Page 79 of 129 2 Mandatory certification in Ontario will validate the training that firefighters receive and, in turn, will create safer communities. Many of the comments received with respect to implementation have also been or will be addressed in the coming months. For instance, to address capacity pressures within the OFM, we are already increasing the staff complement for both the Ontario Fire College (OFC) and our Academic Standards and Evaluation Unit. This will ensure that we can respond to the current and ongoing demand for training and certification across Ontario. We also continue to refine and enhance both our Adjunct Instructor and Regional Training Centre models to meet provincial demand. Learning Contract accessibility has been expanded allowing fire departments that already train together to continue to do so in order to achieve certification. The OFC will also be working with fire departments to increase their own internal training capacity and will be exploring opportunities to provide additional training for senior officers through upcoming seminars, conferences and webinars. At the same time, we heard from many departments that purchasing textbooks and other training essentials is challenging. We have therefore explored options with the Fire Marshal’s Public Fire Safety Council (FMPFSC) to look at supports that they can provide on the procurement of textbooks and other materials. The FMPFSC is supportive of the certification file and will be finalizing options that will be communicated to fire departments shortly. I am pleased that we have been able to work so collaboratively with municipalities, fire departments, and other partners to have this regulation finalized. With a long implementation window, we are confident that certification is achievable and look forward to working with firefighters across Ontario as this regulation is operationalized. Sincerely, Tim Beckett Acting Fire Marshal c: Mario Di Tommaso, O.O.M. Deputy Solicitor General, Community Safety Page 80 of 129 Page 1 of 3 Subject: Results for RFT 2022-001 Asphalt Maintenance Program Report Number: OPD 22-13 Department: Operations and Development Department Submitted by: Shayne Reitsma, Manager of Engineering Meeting Type: Council Meeting Meeting Date: Monday, April 25, 2022 RECOMMENDATION THAT Council awards Tender RFT 2022-001 to Brantco Construction of Cambridge, ON at a cost of $344,985.02 (net HST included), the lowest bid received satisfying all Tender requirements. BACKGROUND A tender was issued on February 11th 2022 for the Asphalt Maintenance Program with fifteen (15) plan takers and a total of eight (8) bids received by the closing date of March 15th 2022 with the lowest bid from Brantco Construction of Cambridge, Ontario at a cost of $344,985.02 (net HST included). DISCUSSION As shown in Figure 1 (Attached) this project includes full depth resurfacing on Beth Court, Christie Street, Clear Valley Drive, Dereham Drive, Erie Court, Poplar Street and Virginia Street. These streets comply with best practices in our asset management plan, and have a pavement condition index of 21-50 (Poor) that was assessed during the 2020 Pavement condition assessment conducted by Englobe Engineering. Pavement condition index is a follows: Critical (0-20) – Almost gravel Poor (21-51) Fair (51-65) Fairly Good (66-75) Good (76-90) Excellent (91-100) – New reconstructed road Page 81 of 129 OPD 22-13 Results for RFT 2022-001 Asphalt Maintenance Program Page 2 of 3 The tender was advertised on the Bids and Tender. Results of the tender are summarized below: Bidder Location Bid Amount Brantco Construction Cambridge, Ontario $344,985.02 Permanent Paving Ltd Woodstock, ON $345,984.00 Armstrong Paving and Materials Group Ltd. St. Marys, Ontario $353,346.83 Dufferin Construction Company Simcoe, Ontario $363,195.18 2642449 Ontario Inc. Dunnville, ON $367,096.37 J-AAR Excavating Limited London, Ontario $400,822.87 Coco Paving Inc. London, ON $465,450.24 5 STAR PAVING (CAMBRIDGE) INC. Cambridge, Ontario $477,884.67 The above bids include net HST of 1.76%. The bids also include a $30,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. It should be noted that the actual price of asphalt cement from the time the tender is closed to the time asphalt is actually placed is subject to an Asphalt Cement (AC) adjustment factor that is set monthly by the MTO. Reference checks for Brantco Construction returned satisfactory. CONSULTATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance, in accordance with the Town’s Public Engagement Policy. Further all notices will be on the Town of Tillsonburg’ s website including the Town of Tillsonburg Construction Project Mapping. FINANCIAL IMPACT/FUNDING SOURCE ITEM TENDER COST 2021 BUDGET ALLOCATION 2022 Asphalt Paving Program (Capital) $344,985.02 $400,000 TOTAL $344,985.02 $400,000 The total budget for this project is $400,000 which consists of $400,000 in Gas Tax. Any unused portions of the Gas Tax can be applied to other eligible projects or carried forward to future years. Page 82 of 129 OPD 22-13 Results for RFT 2022-001 Asphalt Maintenance Program Page 3 of 3 CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction - Develop a robust, long-term asset management plan to inform evidence-based decisions on the maintenance, rehabilitation and replacement of municipal infrastructure. Priority Project - Asset Management Plan ATTACHMENTS Figure 1 Page 83 of 129 Page 84 of 129 Page 1 of 3 Subject: Results for RFT 2022-002 Lindsay and Frances Reconstruction Report Number: OPD 22-14 Department: Operations and Development Department Submitted by: Shayne Reitsma, Manager of Engineering Meeting Type: Council Meeting Meeting Date: Monday, April 25, 2022 RECOMMENDATION THAT Council awards Tender RFT 2022-002 to Euro Ex Construction of Woodstock, ON at a cost of $2,543,949.63 (net HST included), the lowest bid received satisfying all Tender requirements. BACKGROUND A tender was issued on February 11th 2022 for the Lindsay and Frances Reconstruction with twenty two (22) plan takers and a total of four (4) bids received by the closing date of March 15th 2022 with the lowest bid from Euro Ex Construction of Woodstock, Ontario at a cost of $2,543,949.63 (net HST included). DISCUSSION As shown in Figure 1 (Attached) this project includes Lindsay and Frances Steets to be reconstructed to surface asphalt, including concrete curb & gutter, granular materials, watermain, sanitary sewers, storm sewers, catch basins, concrete sidewalk, and boulevard restoration. The tender was advertised on the Bids and Tender. Results of the tender are summarized below: Bidder Location Bid Amount Euro Ex Construction Woodstock, Ontario $2,543,949.63 Elgin Construction St. Thomas, Ontario $2,717,885.83 BEECH Infrastructure Group Ltd. Brantford, Ontario $2,768,269.55 Oxford Civil Group Inc. Woodstock, Ontario $2,870,072.73 Page 85 of 129 OPD 22-14 Results for RFT 2022-002 Lindsay and Frances Reconstruction Page 2 of 3 The above bids include net HST of 1.76%. The bids also include a $225,000 contingency allowance for material testing and any unforeseen expenses encountered during construction. CONSULTATION Any planned roadway or lane closures in order to facilitate the work will be kept to a minimum and communicated to the public or any directly affect residents in advance, in accordance with the Town’s Public Engagement Policy. Further all notices will be on the Town of Tillsonburg’s website including the Town of Tillsonburg Construction Project Mapping. FINANCIAL IMPACT/FUNDING SOURCE The total budget for this project is $3,380,900 which consists of the following budget allocation: ITEM TENDER COST 2021 BUDGET ALLOCATION Town of Tillsonburg Capital - Roads $1,050,010.58 $1,204,600.00 Town of Tillsonburg Capital - Storm $501,939.33 $592,500 Oxford County Capital – Sanitary $436,832.31 $657,000 Oxford County Capital – Watermain $546,333.27 $926,800 TOTAL $2,499,950.50 $3,380,900 Note that tender budget pricing is calculated from an average of three (3) past years. During 2020 and 2021 material cost of sanitary sewer and watermain cost were higher and is noted that costs have returned to normal and will be reflected in future budget projects. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion Page 86 of 129 OPD 22-14 Results for RFT 2022-002 Lindsay and Frances Reconstruction Page 3 of 3 ☐ Community growth ☒ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal - Tillsonburg residents and businesses will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction - Develop a robust, long-term asset management plan to inform evidence-based decisions on the maintenance, rehabilitation and replacement of municipal infrastructure. Priority Project - Asset Management Plan ATTACHMENTS Figure 1 Page 87 of 129 Page 88 of 129 Page 1 of 3 Subject: Swimming Pool Enclosure By-Law Review Report Number: OPD 22-15 Department: Operations and Development Department Submitted by: Cameron Cyr, By-Law Enforcement Officer/Geno Vanhaelewyn, CBO Meeting Type: Council Meeting Meeting Date: Monday, April 25, 2022 RECOMMENDATION THAT a By-Law to amend By-Law 4008, being a by-law to regulate swimming pool enclosures within the Town of Tillsonburg, be brought forward for Council’s consideration. BACKGROUND The Town’s current Swimming Pool Enclosure By-Law 4008 was last reviewed and adopted by Town of Tillsonburg Council in April 2016. The current by-law regulates swimming pool enclosures within Town limits. Since this time the by-law has performed reasonably well, however, minor by-law amendments are needed. Swimming Pool Enclosure By-Law 4008, in its current state, has minor challenges with respect to its wording, making it potentially difficult to enforce. As with other by-law reviews, staff updated definitions, legislation, etc. DISCUSSION The following table provides an overview and identifies the proposed Swimming Pool Enclosure By-Law improvements/changes. Item Changes Definitions and Interpretation (Section 2) Minor changes to provide clarity to Bylaw and align with Zoning Bylaw which include: Corner Lot, Lot, Sight Triangle, Swimming Pool. Swimming Pool Enclosure Height and Material Requirements (Section 4) Removed setback measurement of 1 meter horizontally of any permanent physical object, growth or geographical feature. Page 89 of 129 OPD 22-15 - Swimming Pool Enclosure By-Law Review Page 2 of 3 Swimming Pool Enclosures- Additional Prohibitions (Section 10) Added prohibitions on placing, piling, attaching or leaning any object or material against or near a pool enclosure so as to facilitate climbing, diminish the structural integrity, or render the pool enclosure to be non- compliant with this Bylaw. Added prohibitions on erecting a structure against or near a pool enclosure so as to facilitate climbing, diminish the structural integrity, or render the pool enclosure to be non- compliant with this Bylaw. Failure To Comply and Cost Recovery (Section 13) Adjustment made to cost recovery incurred by the Town as to align with current Municipal Act regulation. Fine amounts updated to align with current Municipal Act regulation. CONSULTATION Copies of the by-law along with supporting material were made available for public consultation from February 28, 2022 to March 14, 2022 as per the Town’s public engagement policy. During this time, the draft by-law was posted on the Town website and advertised in the local paper. Two inquiries/comments were received as a result of the public consultation and were explanatory and administrative in nature. This along with the provided communication from staff are listed below: 1. Inquiry related to irregular lot sizes and pool installations. Does Bylaw staff anticipate that this By-law will result in reduced instances of having to go through a Planning process for relatively minor variances? There are no proposed changes to the by-law to the main setbacks as currently required in the Zoning By-law. 2. Question related to fine amounts and how they compare to other municipalities. The wording has been updated to reflect changes made to the Municipal Act. It is not common to issue fines of this amount, having said that if Bylaw was not able to gain compliance via our escalating enforcement process; notice, order, first fine and a serious injury results, then the maximum fine amount could be considered. As other municipalities update their by-laws, they will follow suit. Page 90 of 129 OPD 22-15 - Swimming Pool Enclosure By-Law Review Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE The cost to communicate and amend promotional materials for the public is expected to be approximately $300.00 and will be funded from the 2022 Protection budget. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information, and opportunities to shape municipal initiatives. Strategic Direction – N/A Priority Project – Short Term – Municipal Service Review ATTACHMENTS Appendix A - Swimming Pool Enclosure By-Law 4008 Amendments - REDLINE Page 91 of 129 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4008 A BY-LAW to regulate swimming pool enclosures in the Town of Tillsonburg. WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that municipal powers shall be exercised by by-law; AND WHEREAS subsections 11(1), (3) and (4) of the Municipal Act authorize the municipal council (“Council”) of The Corporation of the Town of Tillsonburg (the “Town”) to provide certain services and things that the Town considers necessary or desirable for the public, including the passage of by-laws respecting fences, signs and other structures; AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences, impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize inspections, authorize remedial work and provide for the collection of remediation costs, pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 - 438, 441.1 and 444 - 446; AND WHEREAS Council deems it desirable and expedient to regulate swimming pool enclosures in the Town of Tillsonburg; NOW THEREFORE Council hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the “Pool Enclosure By- law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Swimming Pool Enclosures within the Town of Tillsonburg. 1.3 CONTENT OF BY-LAW All references in this By-law to sections, requirements, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. Headings given in this By-law are for convenience only, and do not form part of this By-law. 1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) This By-law shall not be construed so as to reduce or mitigate restrictions or requirements that are Lawfully imposed by the Town or by any governmental authority. Without limiting the foregoing, compliance with this By-law does not Page 92 of 129 2 relieve any Person from complying with: (a) legislation or regulations imposed by the Governments of Canada or Ontario, including (without limitation) the Ontario Building Code, O. Reg. 332/12; and (b) by-laws enacted by the County of Oxford or other By-laws enacted by the Town. SECTION 2 DEFINITIONS AND INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: “Act” means the Building Code Act, 1992, S.O. 1992, c.23, as amended. “Building” means any structure consisting of one or more of a wall, roof or floor, and used or intended to be used for the shelter, accommodation or enclosure of Persons, animals, or goods. “Building Inspector” means the Chief Building Official, Deputy Chief Building Official, and inspector, appointed by by-law by the Town of Tillsonburg for the purposes of enforcement of the Act. “Chief Building Official” means the Chief Building Official of the Town. “Construct” means to do anything in the erection, installation, extension or material alteration or repair of a structure, including (without limitation): (a) anything in the erection, installation, extension or material alteration or repair of a Building, Swimming Pool Area, Swimming Pool Enclosure or Temporary Enclosure; (b) the installation of a structure fabricated or moved from elsewhere, including (without limitation) the structures listed in (a); and (c) work in preparation for any of the acts described above; and “construction” has a corresponding meaning; “Corner Lot” means a Lot situated at the intersection of two Street Lines with an interior angle of intersection of not more than one hundred and thirty-five (135) degrees, provided that: means a Lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contain an angle of not more than one hundred and thirty-five (135) degrees and where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that: Formatted: Font color: Dark Red Formatted: Font color: Dark Red Page 93 of 129 3 (a) where the Lot abuts only one Street Line on a curving roadway, it is deemed to abut an intersection of two equal portions of that Street Line; and in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents; and (b) where either of the intersecting Street Lines is on curving roadway, the line used for calculating the angle of intersection will be the tangent drawn through the Lot’s point of extremity abutting that Street Line; any portion of a corner lot distant more than 30 m (98.4 ft.) from the corner, measured along the street line shall be deemed to be an interior lot. and the corner of such a Lot will be the point at or closest to the Street Line intersection, but this definition shall exclude any portion of a lot further than 30 metres (98.4 feet) from the corner, measured along a Street Line. “Council” means the Municipal Council of the Corporation of the Town of Tillsonburg. “Effective Grade Level” at a given point means the highest level of the ground within 1.0 metres (3 feet 3 inches) horizontally in any direction from that point. “Exterior” means the vertical surface of a fence, Swimming Pool Enclosure, deck or ramp, provided that such surface: (a) does not face a Swimming Pool or Swimming Pool Area; and (b) does not face the contained portion of the lands that is covered, delineated or enclosed by the fence, Swimming Pool Enclosure, deck or ramp. “Gate” shall mean any part of a Swimming Pool Enclosure that opens on hinges, including (without limitation) a door located in the wall of an attached or detached garage or carport where such wall forms part of the Swimming Pool Enclosure. “Hedgerow” means one or more hedges, bushes, shrubs, compact evergreen plantings, or any similar organic growth. “Height” of any Gate, segment or feature of a Swimming Pool Enclosure means the vertical distance between the top of such Gate, segment or feature and: (a) the Effective Grade Level at that point, if the Gate, segment or feature is not located on or above a deck or similar platform; or (b) the surface of any deck or similar platform on or above which the gate or segment is located. “Hydro Massage Pool” means a body of water that is encased artificially, whether located above or below grade, and includes (without limitation) a hot tub, Jacuzzi, spa or whirlpool. “Lawful” means in accordance with the common law, statutes and regulations of Canada and Ontario, the by-laws of the County of Oxford and the by-laws of the Town other than this By-law; “Lock” means a locking device designed to be unlocked or deactivated only with a key, password, combination or biometric identification, or some grouping of such methods. Formatted: Font color: Dark Red Formatted: Font color: Dark Red Page 94 of 129 4 “Lot” means: (a) a parcel of land with a boundary defined by an original survey or by a registered plan of subdivision, unless such registered plan of subdivision is designated by a by-law passed pursuant to subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13; or (b) a parcel or tract of land with a different registered owner (or registered owners) from adjacent lands. A parcel or tract of land which is a whole parcel or tract as shown on a registered plan of subdivision where the said registered plan of subdivision is not subject to a deeming by-law passed pursuant to the Planning Act or, a whole parcel or tract which is held under separate ownership from adjacent lands according to the registration thereof in the Registry Office or Land Titles Office. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended. “Officer” means an individual appointed by Council or by a designate of Council for the purpose of (or for purposes that include) enforcing one or more municipal by-laws, and includes (without limitation) the Chief Building Official and Building Inspectors. “Owner” a registered owner of land, or any Person in control of land, including (without limitation) a lessee or an occupant thereof. “Person” means an individual, firm, corporation, association or partnership. “Sight Triangle” means the space formed by the intersecting Street Lines of a Corner Lot and a line drawn from a point on one of the said Street Lines to a point on the other said Street Line, provided that: (a) the line intersects both street lines at an equal distance from the corner of the Corner Lot; and (b) the line is 9 metres (29 feet 6 inches) from the corner of the corner lot at its closest point. the triangular space formed by the intersecting street lines of a Corner Lot and a line drawn from a point on one (1) of the said street lines to a point on the other said street line, each said point being measured a specific distance from the point of intersection of the said street lines. "Street Line" means the limit of the roadway allowance and is the dividing line between a Lot and a street or other roadway. “Swimming Pool” means any body of water located outdoors on a privately owned Lot, whether above or below finished grade, and whether suitable or not for swimming, diving or both, provided that such body of water: (a) is contained at least in part by artificial means; (b) has one or more points with a depth that may exceed 610 mm (24 inches); and or Formatted: Font color: Dark Red Formatted: Normal, Indent: Left: 0.69", No bullets ornumbering Formatted: Underline, Font color: Red Page 95 of 129 5 (c) has a potential liquid surface area exceeding 2.0 metres² (21.5 feet²); and includes (without limitation) a Hydro Massage Pool but does not include any decorative pond or storm water management pond. “Swimming Pool Area” means the area of a Lot occupied by a Swimming Pool and any adjacent platforms, walkways, play areas or landscaped areas that are used, or are intended or capable of being used, in conjunction with the Swimming Pool. “Swimming Pool Enclosure” means a wall, structure or Building, or any combination thereof, including (without limitation) a fence combined with a deck, that encloses a Swimming Pool Area or any part of a Swimming Pool Area, but does not include a Temporary Enclosure. “Temporary Enclosure” means a structure used for the purposes of temporarily enclosing a Swimming Pool or excavation during active construction. “Town” means The Corporation of the Town of Tillsonburg. SECTION 3 EXCLUSIONS 3.1 Existing Enclosures – Deemed to Comply Notwithstanding the provisions of this By-law, any Swimming Pool Enclosure that lawfully existed prior to the effective date of this By-law shall be deemed to comply with this By-law and may be maintained with the same material, Height and dimensions as previously existed, including (without limitation) any repair work. 3.2 Required to Maintain The Owner of any Lot shall maintain each Swimming Pool Enclosure thereon and ensure that it is in safe condition and in good repair. 3.3 Decorative Post Caps The Height restrictions in this by-law will not include any decorative post caps or similar features that have been pre-approved in writing by the Chief Building Official, following the submission of construction drawings and other materials required by the Chief Building Official. SECTION 4 SWIMMING POOL ENCLOSURE HEIGHT AND MATERIAL REQUIREMENTS 4.1 Swimming Pool Enclosure- Height Required Page 96 of 129 6 No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or any part thereof, except in accordance with all of the following requirements: (a) minimum Height of 1.52 metres (5 feet); (b) maximum vertical distance of 50 mm (2 inches) from the Effective Grade Level to the bottom of the Swimming Pool Enclosure; (c) maximum Height of 2.15 metres (7 feet); and (d) members, attachments, bracing, rails or supports that could permit or facilitate climbing, in the opinion of the Officer on the Exterior face of a Swimming Pool Enclosure shall not be located at a height of between 100 millimetres (4 inches) and 1.2 metres (4 feet). 4.2 Swimming Pool Area- Height- Raised Platform or Deck No Person shall Construct a deck or ramp or part thereof serving a Swimming Pool Area with a vertical distance greater than 0.6 metres (2 feet) from the Effective Grade Level unless a continuous fence or other guard is Cconstructed and maintained on top of the deck or ramp and around such deck or ramp’s Exterior perimeter. Such fence or guard shall have a minimum Height of 1 metre (3 feet 3 inches), and shall not be Cconstructed so as to facilitate or permit climbing in the opinion of the Officer. 4.3 Location- Swimming Pool Enclosure- Setback Requirement No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or part thereof, in of the following location: within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of the Swimming Pool wall. (a) within 1.0 metre (3 feet 3 inches) horizontally of any permanent physical object, growth or geographical feature, or any combination thereof, that permits or facilitates the climbing of such Swimming Pool Enclosure; or (b) within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of the Swimming Pool wall. 4.4 Swimming Pool Enclosure- Materials- Chain Link No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or any part thereof, using chain link materials unless such Swimming Pool Enclosure is pre-approved in writing by the Chief Building Official or meets all of the following requirements: (a) all chain link materials have a diagonal mesh length not greater than 38 millimetres (1.5 inches) consisting of 13 gauge galvanized steel wire, or of 11 gauge steel wire covered with vinyl, or consisting of another product approved by the Chief Building Official which would yield a total thickness equivalent to 12 gauge wire; (b) it has no rails, bracing or exposed attachments on the Exterior that could, in the opinion of the Officer facilitate or permit climbing from the Exterior; and Formatted: Font color: Dark Red Formatted: Font color: Dark Red Page 97 of 129 7 (c) top and bottom rails are firmly fastened to upright posts, which rails consist of galvanized steel pipe at least 32 millimetres (1.25 inches) thick, provided that a continuous galvanized steel tension rod at least 5 millimetres (0.2 inches) thick may be substituted for the bottom rail. 4.5 Swimming Pool Enclosure- Materials- Vertical Panel No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or any part thereof, using vertical panel materials unless such Swimming Pool Enclosure is Cconstructed as pre-approved in writing by the Chief Building Official, or in accordance with all of the following requirements: (a) vertical members are of at least 25 millimetres (1 inch) nominal thickness attached to a top and bottom rail; (b) vertical members are not spaced more than 38 millimetres (1.5 inches) apart; (c) support posts are at least 89 millimetres (3.5 inches) x 89 millimetres (3.5 inches) nominal dimensions; (d) support posts are spaced not more than 2.4 metres (8 feet) apart; (e) support posts extend at least 1.2 metres (4 feet) below the Effective Grade Level and are securely embedded into the ground; (f) support posts that consist of wood are treated with an approved wood preservative or be of pressure-treated wood, encased in concrete; and (g) top and bottom rails are firmly fastened to upright posts and are at least 38 millimetres (1.5 inches) x 89 millimetres (3.5 inches) nominal dimensions. 4.6 Swimming Pool Enclosure- Materials- Metal Picket No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or any part thereof, using metal picket or tube construction unless such Swimming Pool Enclosure is Cconstructed as pre-approved in writing by the Chief Building Official, or in accordance with all of the following requirements: (a) vertical members are spaced not more than 100 millimetres (4 inches) apart; (b) vertical members are attached to a supporting structure that does not contain any diagonal members or framework and does not otherwise facilitate or permit climbing in the opinion of the Officer; (c) posts extend at least 1.2 metres (4 feet) below the Effective Grade Level and are securely embedded into the ground; (d) posts are spaced not more than 2.4 metres (8 feet) apart; and (e) top and bottom rails are firmly fastened to the vertical members, maintain a minimum 1.2 metres (4 feet) vertical separation at all locations and are at least 25 millimetres x 6 millimetres (1.0 inches x 0.25 inches) in dimension. Page 98 of 129 8 SECTION 5 SWIMMING POOL ENCLOSURE GATES 5.1 Swimming Pool Gate- Requirements No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Gate except in accordance with all of the following requirements: (a) the Gate’s construction type and Height matches all other requirements applicable to a Swimming Pool Enclosure pursuant to this By-law; (b) the Gate is supported on hinges of sufficient quantity and strength to safely allow entrance and exit at all times; (c) the Gate is self-closing and equipped with a self-latching device placed on the side facing the pool; (d) each self-latching device has a minimum height of 1.2 metres (4 feet); (e) the Gate is equipped with an operable Lock; and (f) the Gate is kept locked at all times except when the Swimming Pool is in use. 5.2 Swimming Pool Enclosure- Entrance Through Garage No Person shall have, Construct, maintain or permit to be Cconstructed or maintained an entrance to a Swimming Pool Area through a door from a detached or attached garage unless the door complies with subsection 5.1 of this By-law. has a security chain or bolt latch located not less than 1.5 metres (5 feet) above the inside floor level and is kept locked at all times except when the Swimming Pool is in use. SECTION 6 TEMPORARY ENCLOSURE 6.1 Temporary Enclosure- Required No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Swimming Pool unless a Temporary Enclosure or Swimming Pool Enclosure is already installed in accordance with this By-law. 6.2 Temporary Enclosure- Materials No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a temporary enclosure Temporary Enclosure, or any part thereof, except as pre- approved in writing by the Chief Building Official or in accordance with all of the following requirements: (a) minimum Height of 1.2 metres (4 feet); Formatted: Font color: Dark Red Formatted: Font color: Dark Red Page 99 of 129 9 (b) it consists of mesh fence with the diagonal mesh length not greater than 38 mm (1.5 inches); and (c) it has steel T-bar supports installed every 3 metres (9.8 feet) with a 9 gauge galvanized steel wire located at the top and bottom of the Temporary Enclosure. 6.3 Temporary Enclosure- Replacement No Person shall have, use, maintain or permit to be used or maintained a Swimming Pool unless a Swimming Pool Enclosure is installed in accordance with this By-law. SECTION 7 HYDRO MASSAGE POOL 7.1 Hydro Massage Pool- Secure Cover No Person shall have, Construct, maintain or permit to be Cconstructed or maintained a Hydro Massage Pool, unless the hydro massage pool includes a cover capable of closing the opening to the Hydro Massage Pool, featuring an operable Lock. SECTION 8 ADMINISTRATION AND ENFORCEMENT 8.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice to an occupant of land when required, and production of the Officer’s identification when requested, an Officer may enter land or a Building at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction, authorization, requirement, condition or order made under this By- law; or (c) an order made under section 431 of the Municipal Act in respect of a contravention of this By-law. 8.2 No Person shall remove an order, notice or direction posted on land or on a structure indicating that it was posted under this By-law, except an Officer. 8.3 An Officer may, for the purposes of an inspection under this By-law: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any Person concerning a matter related to the Page 100 of 129 10 inspection, including (without limitation) requiring expert or other examinations, testing, reports or as-constructed plans to be obtained and provided; and (d) alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 8.4 A receipt shall be provided for any document or thing removed under subsection 8.3 and the document or thing shall be promptly returned after copies or extracts are made. 8.5 Any sampling done during an inspection shall be done in accordance with subsections (3) and (4) of section 436 of the Municipal Act. 8.6 An inspection requirement, direction or order made to a Person under this section may be given verbally, but where the Town intends to act upon such matter at the expense of the Person, the requirement, direction or order shall be made in writing and provided to the Person in accordance with the notice provisions of this By-law. 8.7 An Officer may undertake an inspection pursuant to an order of a court issued under section 438 of the Municipal Act, provided however that in the case of an order authorizing an inspection of a room or place actually being used as a dwelling the occupant is given notice concerning when the inspection will be carried out. SECTION 9 VARIANCE AND DELEGATION OF AUTHORITY 9.1 Any variance from this By-law will require the approval of Council. Such variance application will require a site plan showing the location of the proposed Swimming Pool Enclosure and drawings showing the type and Construction of the Swimming Pool Enclosure. The variance application with be submitted on the form prescribed by the Chief Building Official, and the Chief Building Official shall make a recommendation to Council regarding the disposition of the application. Decisions of Council are final. Council hereby delegates authority to the Chief Building Official with regard to the receipt and disposition of variance applications under this By-law, as Council is of the opinion that the delegated powers are of a minor nature. SECTION 10 SWIMMING POOL ENCLOSURES – ADDITIONAL PROHIBITIONS 10.1 Prohibited- Organic Features No Person shall have, use or permit to Construct or maintain a Hedgerow, earth berm, Page 101 of 129 11 natural or manmade topographic features or any other organic feature as a Swimming Pool Enclosure or as a part thereof. 10.2 Prohibited- Abandonment No Person shall abandon, discontinue or suspend the construction of a Swimming Pool Enclosure prior to full compliance with this by-law, or cause such Swimming Pool Enclosure to be left incomplete following the construction of a Swimming Pool. 10.3 Prohibited- Unsafe Condition (a) No Person shall cause or permit an unsafe or hazardous condition in the opinion of the Officer to occur during the Cconstruction of a Swimming Pool or Swimming Pool Enclosure. (b) No person shall, in the opinion of the Officer place, pile, attach or lean any object or material against or near a Pool Enclosure so as to facilitate climbing of the Pool Enclosure, diminish the structural integrity of a Pool Enclosure or render the Pool Enclosure to be in non-conformity with the provisions of this By-law. 10.4 Prohibited- Location- Sight Triangle No Person shall have, construct or maintain or permit to be Cconstructed or maintained a Swimming Pool Enclosure, or any part thereof, within a Sight Triangle Sight Triangle. 10.5 Contravention of an Order No Person shall contravene an order issued pursuant to this By-law. 10.6 Obstruction No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is exercising a power or performing a duty under this By-law, including (without limitation) carrying out an inspection. SECTION 11 ORDER TO DISCONTINUE ACTIVITY 11.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or permitted the contravention or who is the Owner of the land on which the contravention occurred to discontinue the contravening activity. Formatted: Underline, Font color: Dark Red Formatted: Font color: Dark Red Page 102 of 129 12 11.2 An order under this section shall set out: (a) reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred; and (b) the deadline for compliance. 11.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law. SECTION 12 WORK ORDER 12.1 Without limiting the orders that an Officer may make pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the Person who contravened the By-law or who caused or permitted the contravention or who is the Owner of the land on which the contravention occurred to do work to correct the contravention. 12.2 An order under this section shall set out: (a) reasonable particulars adequate to identify the contravention to be discontinued and the location of the land on which the contravention occurred; (b) the deadline for compliance; and (c) the work to be done, which may include obtaining all permits and inspections required by law. 12.3 An order under this section shall be delivered in accordance with the notice provisions of this By-law. SECTION 13 FAILURE TO COMPLY AND COST RECOVERY 13.1 Where a Person defaults in complying with a direction, requirement or order under this By-law to do a matter or thing, an Officer or agent on behalf of the Town may, with such assistance from others as may be required, enter the land on which the contravention occurred at any reasonable time, and carry out such direction, requirement or order at the Person’s expense. 13.2 In accordance with section 446 of the Municipal Act, the Town may recover the costs from the Person directed, required or ordered to do a matter or thing under this By-law, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes, and such costs shall include interest at an annual rate of 15 per cent. 13.3 For the purposes of subsection 13.2, interest shall be calculated for the period commencing the day the Town incurs the costs and ending on the day the costs including the interest are paid in full. 13.4 The amount of the Town’s costs incurred plus interest to the date payment is made in Page 103 of 129 13 full, constitutes a lien upon the land, upon the registration of a notice of lien upon the land. The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. SECTION 14 OFFENCES, PENALTY AND FINE RECOVERY 14.1 Subject to subsection 14.2, aAny Person who contravenes a provision of this By-law, and an officer or director of a corporation in the event of a contravention by a corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as follows: (a) for a first offence, a minimum of $350.00 and a maximum of $5,000.00; (b) for a second offence, a maximum of $15,000.00; and (c) for a third or subsequent offence, a maximum of $30,000.00. (a) A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000. However, a special fine may exceed $100,000. (b) In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite Section 14.1(a), the total of all of the daily fines for the offence is not limited to $100,000. (c) In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite Section 14.1(a), the total of all fines for each included offence is not limited to $100,000. 14.2 Any Person who contravenes any order made under this By-law, or an officer or director of a corporation in the event of a contravention by the corporation, is guilty of a continuing offence and upon conviction is liable to a daily fine or penalty of a maximum of $2,500.00 for each day or part of a day that the offence continues, and despite subsection 14.1 the total of all the daily fines imposed for an offence is not limited by the maximums listed in subsection 14.1. 14.314.2 14.2 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a) prohibiting the continuation or repetition of the offence by the Person convicted; and (b) requiring the Person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14.414.3 14.3 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension of time for payment ordered under that section, the Town may give the Person against whom the fine was imposed a written notice specifying the Formatted: Font color: Dark Red Formatted: Underline, Font color: Dark Red Formatted: Font color: Dark Red Page 104 of 129 14 amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice. 14.514.4 14.4 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act. 14.614.5 14.5 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost owing pursuant to this by-law or a related provincial offence may be added to the tax roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for paying the fine or cost, and collect such fine or cost in the same manner as municipal taxes. SECTION 15 NOTICE 15.1 Any notice pursuant to this By-law may be given in writing in any of the following ways and is effective: (a) on the date on which a copy is delivered to the Person to whom it is addressed; (b) on the fifth day after a copy is sent by registered mail to the Person’s last known address; (c) upon the conclusion of the transmission of a copy by facsimile to the Person’s last known facsimile number; or (d) upon the sending of a copy by email transmission to the Person’s last known email address. SECTION 16 SEVERABILITY 16.1 In the event any section or sections of this By-law or parts of it are found by a Court to be illegal or exceed the power of the Council to enact, such section, or sections, or parts thereof shall be deemed to be severable and all other sections, or parts of this By-law shall be deemed to be separate and independent and shall continue in full force. SECTION 17 EFFECTIVE DATE 17.1 This By-Law shall take effect on the date of its final passage by Council. READ A FIST AND SECOND TIME THIS _______ DAY OF _______,2016 READ A THIRD AND FINAL TIME AND PASSED THIS _______ DAY OF ______ ,2016 Page 105 of 129 15 ______________________________ Mayor – Stephen Molnar ______________________________ Town Clerk – Donna Wilson Page 106 of 129 Page 1 of 3 Subject: Parks, Beautification & Cemeteries Advisory Committee – Recommendations to Council Report Number: RCP 22-10 Department: Recreation, Culture & Parks Department Submitted by: Christopher Baird - Director Meeting Type: Council Meeting Meeting Date: Monday, April 25, 2022 RECOMMENDATION THAT the Clerk be requested to advertise for a replacement member on the Parks, Beautification & Cemeteries Advisory Committee at the earliest opportunity; and THAT effective January 2023, Council amend their Terms of Reference to reflect a name change to become the Parks & Beautification Advisory Committee, removing cemeteries from the mandate; and THAT the new Parks & Beautification Advisory Committee shall consist of a minimum of five (5) and a maximum of seven (7) members including one (1) Council liaison in total; and THAT Council direct staff to create of a Terms of Reference for a new Cemetery Advisory Committee to be composed of three (3) industry representatives, a staff and Council liaison and members of the community. BACKGROUND The purpose of this report is to provide Council with two (2) recommendations approved at the recent Parks, Beautification & Cemeteries Advisory Committee held on April 7, 2022. DISCUSSION The first recommendation relates to the need to replace a vacant seat and the second relates to a structural change to the existing committee mandate and title with a further recommendation that Council strike a new Cemetery Advisory Committee in 2023 following the upcoming municipal election. Page 107 of 129 RCP 22-10 Page 2 of 3 The Committee’s mandate is quite broad in nature and the ability to achieve quorum on a regular basis has proven to be problematic. The first Resolution relates to the immediate need to advertise for a replacement member for the Committee to fulfil its’ mandate to the end of 2022 as follows: Resolution #1 Moved by: Christine Nagy Seconded by: Paul DeCloet THAT in accordance with Section 6.0 of the Parks, Beautification and Cemetery Advisory Committee’s Terms of Reference, Mr. Robert Marsden’s seat be declared vacant due to unexplained absence of three or more consecutive meetings; and THAT the Clerk be requested to advertise for a replacement member at the earliest opportunity. Carried The second Resolution that follows is self-explanatory. Due to the broad nature of the current mandate, Cemetery representatives often feel disconnected, as their specific interests are much more specific to their industry and not as specifically related to beautification efforts in Town. Not to dismiss this, there is considerable value in working with the Funeral/Cemetery representatives to ensure that we maintain a strong working relationship particularly when we update our Cemetery Bylaw and the pending update of our Cemetery Master Plan. To this end, a new Cemetery Advisory Committee would prove to be a great asset for 2023 and beyond. Resolution #2 Moved by: Christine Nagy Seconded by: Susan Saelens THAT the Parks, Beautification and Cemetery Advisory Committee recommends that Council amend their Terms of Reference to reflect a name change to the Parks & Beautification Advisory Committee; and THAT the revised Parks & Beautification Advisory Committee shall have a minimum of five (5) and a maximum of seven (7) members including one (1) Council liaison in total. THAT Council consider the creation of a new Terms of Reference for a Cemetery Advisory Committee to be composed of three (3) industry Page 108 of 129 RCP 22-10 Page 3 of 3 representatives, a staff and Council liaison and members of the community. Carried CONSULTATION This report has been prepared with direction from the Parks, Beautification & Cemeteries Advisory Committee, in consultation with the Director of RCP, the Manager of Parks & Facilities, the Director of Finance and the CAO. FINANCIAL IMPACT/FUNDING SOURCE There are no specific financial implications associated with the recommendations contained within this report. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☒ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will strive for excellence and accountability in government, providing effective and efficient services, information and opportunities to shape municipal initiatives. Strategic Direction – Engage community groups, including advisory committee’s and service organizations in shaping municipal initiatives. Priority Project – N/A ATTACHMENT N/A Page 109 of 129 Tillsonburg 150 Ad-Hoc Committee Minutes, April 14, 2022 Page 1 of 4 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee April 14, 2022 4:30 p.m. Hybrid Meeting MINUTES Present: Chair Joan Weston, Deputy Mayor Dave Beres, Aleksandra Webber, Rosemary Dean, Christine Wade Absent with Regrets: Collette Takacs, Courtney Booth Staff Also Present: Margaret Puhr- Administrative Assistant – Recreation, Culture & Parks Patty Phelps- Culture and Heritage Manager/Curator Gina Armand - Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:40 pm by Chair Joan Weston 2. Adoption of Agenda Resolution #1 Moved by: Alexsandra Webber Seconded by: Deputy Mayor Dave Beres THAT the Agenda as amended for the Tillsonburg 150 Ad-Hoc Committee meeting of April 14, 2022, be adopted. Carried 3. Minutes of the Previous Meeting April 05, 2022 Committee Minutes – No errors or omissions 4. Disclosures of Pecuniary Interest and the General Nature Thereof Page 110 of 129 Tillsonburg 150 Ad Hoc Committee Minutes, April 14, 2022 Page 2 of 4 No disclosures of pecuniary interest were declared 5. General Business and Reports 5.1 Committee Vacancy Update Committee Liaison, Gina Armand, informed Committee Members that Collette Takacs had to step down from the Committee due to personal reasons. Chair Joan Weston thanked Collette for her hard work and dedication to the Committee thus far. The Committee wishes her well. 5.2 Budget Update Committee members discussed the Budget for the event. Souvenirs are taking up much of the budget. Members are to decide on which souvenirs to go ahead with. 5.3 Souvenirs The original prices in the budget have changed due to incorporating taxes and shipping to the final amount of the souvenirs. Committee Members voted in which souvenirs to keep. Resolution #2 Moved by: Aleksandra Webber Seconded by: Christine Wade THAT the following souvenirs be made available for sale at the Tillsonburg 150 event Wine tumbler Ceramic Camper Mug Keychain Neoskin Journal Christmas Ornaments Carried 5.4 Variety Show Committee Members discussed whether to keep the Variety Show or have the Reptile Show in its place. The general consensus was to have the Reptile Show replace the Variety Show. Rosemary Dean joined the meeting at 5:02pm Deputy Mayor left the meeting at 5:05pm Page 111 of 129 Tillsonburg 150 Ad Hoc Committee Minutes, April 14, 2022 Page 3 of 4 The Fire Hall may have a truck available for the event so long as there aren’t any emergencies. Members are still waiting for a response regarding the “Tug-of-War” event. Members would also like to try and get the antique fire truck for the parade if it’s in running condition. To be discussed at next meeting. 5.5 Bentley’s Committee Members discussed the use of empty space in the mall for advertising the Tillsonburg 150 event. The Rotary Club will volunteer hours. Tobacco Museum would like to have a setup in the mall. Discussions on who would be able to run the store and what day/hours should the store be open. To be discussed next meeting. 5.6 Rain Date A Rain Date was discussed amongst the members. The general consensus was to scrap the rain date. Committee Members will discuss in more detail next meeting where the event should take place should there be a thunderstorm. 5.7 Tillsonburg 150 Events Review & Implementation The suggestion to have the “Dunk Tank” raise funds for charity was brought forth. The funds would be raised for a local young lady Kaitlyn, who is currently going through more surgeries. To be discussed in more detail at next meeting. Volunteers are still needed. 4 volunteers are confirmed for the full day. There are 2 who are confirmed for a minimum of two hours. The Kinsmen are no longer holding a 2 day event. They are only confirming Friday night’s event. They have confirmed the beer tent and fencing. Members to find out more information for next meeting. 6 Next Meeting May 3, 2022 at 4:30 p.m. 7 Adjournment Resolution #3 Moved by: Rosemary Dean Seconded by: Aleksandra Webber Page 112 of 129 Tillsonburg 150 Ad Hoc Committee Minutes, April 14, 2022 Page 4 of 4 THAT the April 14, 2022 Tillsonburg 150 Ad-Hoc Committee meeting be adjourned at 5:47pm. Carried Page 113 of 129 Page 1 of 4 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee Meeting April 12, 2022 7:30 a.m. Electronic MINUTES Present: Lisa Gilvesy, Randy Thornton, Deb Gilvesy, Jesse Goossens (Chair), Dane Willson, Andrew Burns, Steve Spanjers, Suzanne Renken, Cedric Tomico Absent with Regrets: Collette Takacs, Kyle Pratt Also Present: Cephas Panschow, Development Commissioner Karen Keller, Economic Development & marketing Coordinator Kennedy Atkinson, Acting Executive Assistant 1. Call to Order The Chair called this meeting to order at 7:32 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Suzanne Renken Seconded by: Deb Gilvesy THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of April 12, 2022, be adopted. CARRIED Page 114 of 129 Page 2 of 4 3. Minutes of the Previous Meeting Resolution #2 Moved by: Deb Gilvesy Seconded by: Dane Willson THAT the minutes prepared for the Economic Development Advisory Committee meeting of March 8, 2022 be adopted. CARRIED 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. The Chair noted that communication was received that Collette Takacs has decided to resign from the Economic Development Advisory Committee. It was requested that staff review and confirm the minimum number of Committee members needed and to inform the Chair what the new quorum is. Cedric Tomico entered the meeting at 7:35 a.m. 5. General Business and Reports 5.1. Monthly update – The Development Commissioner provided an update on the clock tower update, wayfinding signage and the VanNorman Innovation Park. 5.2. Economic Development Marketing Initiatives Overview (Karen Keller) Karen Keller joined the meeting to present the Economic Development Marketing Overview, including investment attraction, Retention & expansion for 2021 and new initiatives for 2022. 5.3. Planning items circulation TSPC 7-218-31 Victoria St Items added to the agenda for circulation. 6. Community Strategic Plan 6.1 Town Hall task force Page 115 of 129 Page 3 of 4 The Economic Development Advisory Committee discussed the recent Council resolution in regards to the Town Hall recommendation staff report. It was requested that staff send the Council meeting YouTube link be sent out to the Committee. It was requested that staff discuss closed minutes being published to closed council meeting agendas. Randy Thornton left the meeting at 8:55 a.m. 6.2 Affordable and Attainable Housing Committee The Economic Development Advisory Committee discussed the three properties proposed by the Affordable and Attainable Housing Advisory committee to Council for the County Housing Master plan. 6.3 Boundary Adjustment Committee The Boundary Adjustment Advisory Committee did not meet in February. 6.4 Physician Recruitment & Retention Committee The Physician Recruitment & Retention Committee has not met in 2022. 7. Community Organization Updates 7.1 Downtown Business Improvement Association The monthly Business Improvement Association update is attached to agenda 7.2 Tillsonburg District Chamber of Commerce It was noted that the COVID-19 rapid test program is still in motion. The Awards of Excellence will be held September 29th in person. 7.3 Tillsonburg District Real Estate Board Dane Willson provided an update on the average sale point of housing in the district and noted the removal of blind bidding. 7. Round Table Page 116 of 129 Page 4 of 4 It was questioned why the Economic Development Advisory Committee is not meeting in person. It was noted that the Town is following SWPH guidelines, and is subject to review by Council. 144 Bellmill has been purchased by investor and is under renovations and available for lease in the near future. It was questioned when the new Starbucks will open – it is scheduled to open in May. It was questioned when the new splash pad will open– it is scheduled to open in June. 8. Next Meeting May 10, 2022 9. Adjournment Resolution #2 Moved by: Cedric Tomico Seconded by: Dane Willson THAT the April 12, 2022 Economic Development Advisory Committee meeting be adjourned at 9:22 a.m. CARRIED Page 117 of 129 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2022- _______ A by-law to amend By-Law 4008, being a by-law to regulate swimming pool enclosures in the Town of Tillsonburg. WHEREAS it is deemed necessary and expedient to amend By-Law 4008. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the following definitions be added to section 2.1: “Act” means the Building Code Act, 1992, S.O. 1992, c.23, as amended “Building Inspector” means the Chief Building Official, Deputy Chief Building Official, and Inspector appointed by by-law by the Town of Tillsonburg for the purposes of enforcement of the Act. 2. THAT the definition of “Corner Lot” be deleted and replaced with the following: “means a Lot situated at the intersection of two streets, of which two adjacent sides, that abut the intersecting streets, contains an angle of not more than one hundred and thirty five (135) degrees and where such adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that: (a) in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of the intersection of the said tangents; and (b) any portion of a corner lot distant more than 30 m (98.4 ft) from the corner, measured along the street line shall be deemed to be an interior lot. 3. THAT the definition of “Lot” be deleted and replaced with the following: “A parcel or tract of land which is a whole parcel or tract as shown on a registered plan of subdivision where the said registered plan of subdivision is not subject to a deeming by-law passed pursuant to the Planning Act, or a whole parcel or tract which is held under separate ownership from adjacent lands according to the registration thereof in the Registry Office or Land Titles Office. 4. THAT the definition of “Sight Triangle” be deleted and replaced with the following: “the triangular space formed by the intersecting street lines of a Corner Lot and a line drawn from a point on one (1) of the said street lines to a point on the other said street line, each said point being measured a specific distance from the point of intersection of the said street lines.” 5. THAT “and” be deleted in section (b) of the “Swimming Pool” definition and replaced with “or” 6. THAT the definition of “Temporary Enclosure” be amended by adding “during active construction” at the end of the definition. 7. THAT under section 4.1 (Swimming Pool Enclosure – Height Required), that the following words be added after “climbing” – “in the opinion of the Officer” 8. THAT under section 4.2 (Swimming Pool Area – Height- Raised Platform or Deck), the following words be added at the end – “in the opinion of the Officer”. 9. THAT Section 4.3 (Location – Swimming Pool Enclosure – set back requirement) be deleted and replaced with the following: “No Person shall have, Construct, maintain or permit to be Constructed or maintained a Swimming Pool Enclosure or part thereof within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of the Swimming Pool wall. 10. THAT “Swimming Pool Enclosure – Materials- Chain Link” be renumbered 4.4 and that the following words “in the opinion of the Officer” be inserted in section (b) after Page 118 of 129 “the Exterior that could” 11. THAT “Swimming Pool Enclosure – Materials- Vertical Panel” be renumbered 4.5. 12. THAT “Swimming Pool Enclosure – Materials – Metal Picket be renumbered 4.6 and that the following words “in the opinion of the Officer” be added at the end of section (b) (Note that with the re-numbering in Section 4, subsections 4.7 and 4.8 are no longer required.) 13. THAT Section 5.2 be amended by deleting the following: “complies with subsection 5.1 of this By-law” and add the following in its place: “has a security chain or bolt latch located not less than 1.5 metres (5 feet) above the inside floor level and is kept locked at all times except when the Swimming Pool is in use.” 14. THAT Section 10.3 be deleted and replaced with the following: “Prohibited – Unsafe Condition (a) No Person shall cause or permit an unsafe or hazardous condition in the opinion of the Officer to occur during the Construction of a Swimming Pool or Swimming Pool Enclosure. (b) No person shall, in the opinion of the Officer place, pile, attach or lean any object or material against or near a Pool Enclosure so as to facilitate climbing of the Pool Enclosure, diminish the structural integrity of a Pool Enclosure or render the Pool Enclosure to be in non-conformity with the provisions of this By-Law. 15. THAT Section 13.4 be deleted and replaced with the following: “The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien.” 16. THAT Section 14 be deleted and replaced with the following: “14.1 Any person who contravenes a provision of the By-law and an officer or director of a corporation in the event of a contravention by a corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as follows: (a) A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000. However, a special fine may exceed $100,000. (b) In the case of a continuous offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite Section 14.1 (a), the total of all of the daily fines for the offence is not limited to $100,000. 14.2 If this By-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a) prohibiting the continuation or repetition of the offence by the Person convicted; and (b) requiring the Person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14.3 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c P.33, as amended, including any extension of time for payment ordered under that section, the Town may give the Person against whom the fine was imposed a written notice specifying the amount payable and the final date on which it is payable, which shall be not less than twenty one (21 days) after the date of the notice. 14.4 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act. 14.5 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost owing pursuant to this by-law or a related provincial offence may be added to the tax Page 119 of 129 roll for any property in the Town of Tillsonburg for which all of the Owners are responsible for paying the fine or costs, and collect such fine or cost in the same manner as municipal taxes. THAT these amendments to By-Law 4800 are hereby declared to be part of that By-Law as if written therein. THAT this By-Law be shall become effective upon enactment. READ A FIRST AND SECOND TIME THIS 25TH DAY OF APRIL, 2022 READ A THIRD TIME, PASSED, SIGNED, SEALED THIS 25TH DAY OF APRIL, 2022. ________________________________ Mayor - Steve Molnar _______________________________ Clerk – Michelle Smibert Page 120 of 129 TOWN OF TILLSONBURG BY-LAW NO. 2022- Being a by-law to provide for the drainage works in the Town of Tillsonburg, in the Counties of Oxford and Norfolk, being the J.A Smith Drain – Armtec Realignment WHEREAS an owner petitioned for council of the Town of Tillsonburg in the County of Oxford in accordance with the provision of the Drainage Act, requesting that the following lands and roads be drained by a drainage works known as the J.A Smith Municipal Drain serving parts of Lots 10 to 16, Concession 2 N.T.R to 4 N.T.R (geographic Norfolk) in the Town of Tillsonburg; AND WHEREAS the Council of the Town of Tillsonburg has procured a report prepared by Spriet Associates and the report is attached hereto and forms part of this by-law; AND WHEREAS the estimated total cost of constructing the drainage works is $10,250.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable. NOW THEREFORE the council of the Town of Tillsonburg, under the Drainage Act, enacts as follows: 1. The report dated March 22, 2022 and attached here as Schedule “A” is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance herewith. 2. This by-law comes into force on the passing thereof and may be cited as the J.A Smith Drain – Armtec Realignment By-law. READ A FIRST AND SECOND TIME THIS 25TH DAY OF APRIL, 2022 ________________________________ Mayor - Steve Molnar _______________________________ Clerk – Michelle Smibert Page 121 of 129 READ A THIRD TIME AND FINALLY ADOPTED THIS____DAY OF _________, 2022. ________________________________ Mayor - Steve Molnar _______________________________ Clerk – Michelle Smibert Page 122 of 129 Page 123 of 129 Page 124 of 129 Page 125 of 129 Page 126 of 129 Page 127 of 129 Page 128 of 129 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-035 A by-law to confirm the proceedings of Council at its meeting held on April 25, 2022. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on April 25, 2022, 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. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 25TH DAY OF APRIL, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 25TH DAY OF APRIL, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 129 of 129