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Agenda Package - CM_May23_2023 (7)The Corporation of the Town of Tillsonburg Council Meeting AGENDA Tuesday, May 23, 2023 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Moment of Silence 4.Adoption of Agenda Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of May 23, 2023 be approved. 5. Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Moved By: ________________ Seconded By: ________________ THAT the Council meeting minutes dated May 8, 2023 be approved. 7.Presentations 8.Public Meetings 9.Planning Reports 10.Delegations 10.1 Patricia Marshal, Director of Ingersoll & Area's Indigenous Solidarity and Awareness Network (IISAN) Re: Meaningful Truth and Reconciliation Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Patricia Marshal as information. 10.2 John Hall Re: Tennis Courts Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from John Hall as information. 10.3 Frank Gross, Manager of Transportation and Waste Management Services, Oxford County and Pamela Antonio, Supervisor of Waste Management, Oxford County RE: Transitioning the Blue Box Program to Extend to Producer Responsibility Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Frank Gross and Pamela Antonio as information. 10.4 Amy Buchanan-St.Gelais Re: Pride Crosswalk Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Amy Buchanan-St.Gelais as information. 10.5 Sorraya Buchanan-St.Gelais, Glendale Sexuality and Gender Equality Club (SAGE) Re: Pride Cross walk in Tillsonburg Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Sorraya Buchanan-St.Gelais as information. 10.6 Gerry Dearing, Tillsonburg District Memorial Hospital Foundation Re: Taste of Summer Event Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Gerry Dearing as information. 11.Deputation(s) on Committee Reports Page 2 of 303 11.1 RCP 23-23 Recreation and Sports Advisory Committee Recommendation to Council - TFC request for Gyulveszi Park Soccer Fields Moved By: ________________ Seconded By: ________________ THAT report RCP-23-23, Recreation and Sports Advisory Committee Recommendation be received as information; and A. THAT Council approve the recommendation of the Recreation and Sports Advisory Committee as follows: B. THAT the Recreation and Sports Advisory Committee recommend the Parks and Recreation Master Plan investigate the need for additional soccer fields and consider the presentation from Tillsonburg Football Club regarding additional fields located at Gyulveszi Park; and THAT Council recommends that Tillsonburg Football Club and Tillsonburg Minor Soccer work together on a joint submission to Council on the need for additional soccer fields in Tillsonburg. 11.2 EDM 23-09 Cayuga Rail Line Request- Economic Development Advisory Committee Recommendation Moved By: ________________ Seconded By: ________________ THAT report EDM 23-09 Cayuga Rail Line Request – Economic Development Advisory Committee Recommendation be received; and, A. THAT Council approve the recommendation of the Economic Development Advisory Committee as follows: THAT, in response to the March 10, 2023 letter received from Mike and Sandy Kloepfer, Town Council supports the potential discontinuation of the Cayuga Rail Line East of Talbot Road to support Residential Growth in Courtland, subject to the allocation of additional industrial lands adjacent to the Cayuga Rail Line West of Talbot Road and within Norfolk County. B. 12.Information Items Moved By: ________________ Seconded By: ________________ THAT the Long Point Region Conservation Authority Minutes dated April 5, 2023 be received as information. 12.1 Long Point Region Conservation Authority Minutes - April 5, 2023 13.Staff Reports Page 3 of 303 13.1 Chief Administrative Officer 13.2 Corporate Services 13.3 Economic Development 13.3.1 EDM 23-08 Updated Contract Regarding RFP 2022-001 Real Estate Services Moved By: ________________ Seconded By: ________________ THAT report EDM 23-08 Updated Contract Regarding RFP 2022- 001 Real Estate Services be received as information; and, A. THAT, considering the delay in entering into a contract with Avison Young, the initial period be extended to December 31, 2024 with the option to be extended by two 1 year periods, subject to the Town entering into listing agreements for specific properties, both at the Town’s sole and absolute discretion; and, B. THAT the Development Commissioner be authorized to execute the agreement with Avison Young along with other agreements that may be required for specific properties. C. 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations and Development 13.6.1 OPD 23-21 Property Standards By-Law Review Moved By: ________________ Seconded By: ________________ THAT report titled OPD 23-21 Property Standards By-Law Review be received as information; and A. THAT a by-law to repeal and replace the Property Standards by- law 3638 for prescribing standards for maintenance and occupancy of property be presented to Council for consideration as attached to report OPD 23-21. B. 13.7 Recreation, Culture and Parks 13.7.1 RCP 23-25 Playground RFP - Northcrest Phase II and Elliot Fairbairn Page 4 of 303 Moved By: ________________ Seconded By: ________________ THAT Council receive Staff Report RCP 23-25 2023 Playground RFP -Northcrest Phase II and Elliot Fairbairn, as information; and A. THAT Council awards both playground RFPs to Park n Water in the amount of $125,388.30 (non-recoverable HST included) for Northcrest Phase II, and $58,795.67 (non-recoverable HST included) for Elliot Fairbairn. B. 13.7.2 RCP 23-24 Amendment to Sports Facilities Allocation Policy Moved By: ________________ Seconded By: ________________ THAT Council receives report RCP-23-24, Amendment to Policy 9- 010: Sports Facilities Allocation Policy; and A. THAT Council approves and adopts the revised Sports Facilities Allocation Policy for the Town of Tillsonburg as presented. B. 13.7.3 RCP 23-22 Naturalized Areas Implementation Moved By: ________________ Seconded By: ________________ A. THAT report RCP 23-22, Naturalized Areas Implementation be received; and B. THAT the sites listed in report RCP 23-22 be approved for preparation and installation of naturalized areas locations. Turtle Garden (McLaughlin Way)1. Trans Canada Trail (4th to North Trailhead)2. Summer Place (butterfly garden redesign/delegation)3. Delevan Crescent (forest edge garden)4. Annandale ballfield #5/parking area5. Borden Crescent6. Cadman Park (pending LPRCA approval)7. Carroll trail entrance8. Coronation Park9. Page 5 of 303 Glendale Park10. Lake Lisgar/Hawkins Bridge11. Langrell storm water pond12. Participark (x2)13. Trans Canada Trail (Tillson Ave entrance)14. Carroll Trail/John Pound Road (tunnel)15. Trottier Park16. Tillsonburg Cemetery (butterfly garden rebuild)17. 14.New Business 15.Consideration of Minutes 15.1 Advisory Committee Minutes Moved By: ________________ Seconded By: ________________ THAT Council receives the Recreation and Sports Advisory Committee Minutes dated May 4th, 2023, the Affordable and Attainable Housing Committee Minutes dated April 26th, 2023 and the Community Health Care Committee Minutes dated May 2nd, 2023 as information. 16.Motions/Notice of Motions 16.1 Councillor Parker - Snackbar at Lake Lisgar Water Park Moved By: ________________ Seconded By: ________________ THAT Council requests Staff to research and report back on the costing and possibilities of a reduced scope of the snackbar at the Lake Lisgar Water Park. 16.2 Councillor Spencer Re: Rainbow Crosswalk Moved By: ________________ Seconded By: ________________ WHEREAS Oxford Pride attended Council on April 10, 2023 requesting support for a Rainbow Crosswalk in the Town of Tillsonburg that would be fully funded by the Oxford Pride organization; AND WHEREAS, as part of the Council for the Town of Tillsonburg’s adopted Community Strategic Plan, a strategic direction is to Engage community groups, Page 6 of 303 including advisory committees and service organizations, in shaping municipal initiatives; AND WHEREAS the Oxford County Safe Well plan, reveals the priorities of Oxford Citizens as Mental Health and Prevention, as well as Equity, Diversity, Inclusion Action Plan; AND WHEREAS Rainbow Crosswalks are seen as a visual demonstration of, and recognition and commitment to, diversity and inclusion as well as our support for the 2SLGBTQIA+ community; BE THEREFORE IT RESOLVED: THAT Council accept the offer from Oxford Pride for a Rainbow Crosswalk which is to be fully funded by their organization including any maintenance needed; and 1. THAT the location of the sidewalk to be Broadway Street at the Clock Tower; and 2. THAT staff collaborate with Oxford Pride on the needs associated with the installation, including but not limited to any road detours, while the work is being completed. 3. 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 2023-049 A By-Law for Prescribing Standards for the Maintenance and Occupancy of Property Within the Town of Tillsonburg Moved By: ________________ Seconded By: ________________ THAT A By-Law for Prescribing Standards for the Maintenance and Occupancy of Property Within the Town of Tillsonburg be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Confirm Proceedings By-law Moved By: ________________ Seconded By: ________________ THAT By-Law 2023-048, to Confirm the Proceedings of the Council Meeting held on May 23, 2023, 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. 20.Items of Public Interest Page 7 of 303 21.Adjournment Moved By: ________________ Seconded By: ________________ THAT the Council meeting of May 23, 2023 be adjourned at X:XX p.m. Page 8 of 303 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, May 8, 2023 5:30 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Gilvesy (Chair) Deputy Mayor Beres Councillor Luciani Councillor Parker Councillor Parsons (Joined at 5:34 p.m.) Councillor Rosehart Councillor Spencer Staff: Kyle Pratt, Chief Administrative Officer Tanya Daniels, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Johnathon Graham, Director of Operations & Development Cephas Panschow, Development Commissioner Renato Pullia, Director of Innovation & Strategic Initiatives Shane Caskanette, Fire Chief Jadie Scaman, Assistant Fire Chief of Prevention & Training Julie Ellis, Deputy Clerk _____________________________________________________________________ 1. Call to Order 2. Closed Session (5:30 p.m.) Resolution # 2023-190 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres Page 9 of 303 2 THAT Council move into Closed Session to consider the following: 2.4.1 CAO 23-07 Corporate Office Lease - Cost Savings 239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 CAO 23-07 Corporate Office Lease- Cost Savings 2.5 Back to Open Session 3. Moment of Silence 4. Adoption of Agenda (6:00 p.m.) Resolution # 2023-195 Moved By: Councillor Rosehart Seconded By: Councillor Luciani THAT the Agenda as amended for the Council meeting of May 8, 2023, be approved with the removal of Agenda Item 7.1. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof None. Page 10 of 303 3 6. Adoption of Council Minutes of Previous Meeting Resolution # 2023-196 Moved By: Councillor Spencer Seconded By: Councillor Parker THAT the Council meeting minutes dated April 24, 2023 be approved. Carried 7. Presentations 7.1 Tillsonburg Lions Re: Commitment to Change Room Removed from the Agenda - Postponed 8. Public Meetings Resolution # 2023-197 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move into the Committee of Adjustment to hear an application for Minor Variance at 6:02 p.m. Carried 8.1 MV A01-22 Minor Variance - 41 King Street Laurel Davies Snyder, Planner, Oxford County, appeared before Council to provide an overview of the application. Staff recommend approval of the Minor Variance application. Opportunity was provided for comments and questions from Council. Hayden Diamond, agent for the applicant, appeared before Council to support the application. No members of the public appeared before Council in support of the application. No members of the public appeared before Council in opposition of the application. Page 11 of 303 4 Resolution # 2023-198 Moved By: Councillor Rosehart Seconded By: Councillor Luciani That the Town of Tillsonburg Committee of Adjustment approve Application File A01-22, submitted by Hayden Diamond, for lands described as Part Lot 450, Plan 500, AS IN 489046, Town of Tillsonburg, as it relates to: Relief from Section 12.2, Zone Provisions - Table 12.2B: Rear Yard – Minimum Depth, Non-Residential Uses -– to decrease the minimum required setback from 12.5 m (41 ft) to 0.55 m (1.8 ft); and, Relief of Section 5.24.2.1 – Off-Street Parking Required – Table 5.24.2.1 – Parking Standards – to decrease the total number of required parking spaces from thirteen (13) to eleven (11). to facilitate the of an addition measuring approximately 85 m2 (915 ft2) subject to the following conditions: 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. Carried Resolution # 2023-199 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:19 p.m. Carried 9. Planning Reports Page 12 of 303 5 10. Delegations 11. Deputation(s) on Committee Reports 11.1 CS 23-10 Citizen of the Year Resolution # 2023-200 Moved By: Councillor Parsons Seconded By: Councillor Spencer 1. THAT report CS 23-10 titled Museum, Culture, Heritage and Special Awards Advisory Committee Recommendation be received; and 2. THAT Council supports the recommendation of the Museum, Culture, Heritage and Special Awards Advisory Committee as follows: That Rosemary Dean be selected as the Town of Tillsonburg 2023 Citizen of the Year award recipient; and 3. THAT the 2023 Citizen of the Year event be held in June of 2023 with the pre-approved budget amount of $1,500. Carried 11.2 RCP 23-21 Recreation and Sports Advisory Committee Recommendation to Council - Tillsonburg Minor Soccer MOU Resolution # 2023-201 Moved By: Councillor Parker Seconded By: Deputy Mayor Beres 1. THAT Council receives RCP-23-21, Recreation and Sports Advisory Committee Recommendation as information; and 2. THAT Council supports the recommendation of the Recreation and Sports Advisory Committee as follows: THAT the Recreation & Sport Advisory Committee recommend that Tillsonburg Council direct staff to review and create an updated and comprehensive Memorandum of Understanding with the Tillsonburg Minor Soccer Club. Page 13 of 303 6 3. THAT this be completed by Q4 of 2023. Carried 12. Information Items Resolution # 2023-202 Moved By: Councillor Spencer Seconded By: Councillor Parsons THAT the correspondence from the County of Oxford regarding the Second Unity Program Update, the Petition regarding Potential Changes to Gyulveszi Park and the correspondence from Enbridge Gas regarding Locate Charges be received as information. Carried 12.1 County of Oxford Re: Second Unit Program Update 12.2 Petition Re: Possible Changes to Gyulveszi Park 12.3 Enbridge Gas Re: Locate Charge 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Corporate Services 13.3 Economic Development 13.3.1 Budget Whitepaper-Project Management Consultant to Expedite Industrial Land Development Resolution # 2023-203 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Report EDM 23-07 Update Regarding Project Management Consultant to Expedite Industrial Land Development White Paper be received as information; and THAT Council supports entering into an agreement, as outlined, with Colliers and staff be authorized to execute said agreement. Carried Page 14 of 303 7 13.4 Finance 13.5 Fire and Emergency Services 13.5.1 FRS 2023-04 Fire Report Back on Letter Treva Lonsbary Regarding Open Air Burning Resolution # 2023-204 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT report FRS-2023-04 Report on Open Air Burning from Treva Lonsbary be received as information. Carried 13.6 Operations and Development 13.6.1 OPD 23-22 - Results for RFT 2023-003 Bayham Drive Resurfacing Resolution # 2023-205 Moved By: Councillor Rosehart Seconded By: Councillor Luciani THAT Council awards Tender RFT 2023-003 to Brantco Construction, ON at a cost of $411,718.01 (non-recoverable HST included), the lowest bid received satisfying all Tender requirements. Carried 13.6.2 OPD 23-23 By-Law Enforcement Student Appointment Resolution # 2023-206 Moved By: Councillor Parker Seconded By: Councillor Parsons 1. THAT report titled OPD 23-23 By-Law Enforcement Student Appointment be received as information; and Page 15 of 303 8 2. THAT a By-Law to appoint Cooper DesRoches as a By-Law Enforcement Officer for the Town of Tillsonburg be brought forward to Council consideration. Carried 13.7 Recreation, Culture and Parks 14. New Business 15. Consideration of Minutes 15.1 Advisory Committee Minutes Resolution # 2023-207 Moved By: Councillor Spencer Seconded By: Deputy Mayor Beres THAT Council receives the Museum, Culture and Heritage Advisory Committee minutes dated April 19, 2023, the Economic Development Committee minutes dated April 11,2023, the Police Services Board minutes dated March 15, 2023, the Traffic Advisory Committee Minutes dated April 13, 2023 and the April 25, 2023 Parks, Beautification and Cemetery Advisory Committee Minutes as information. Carried 16. Motions/Notice of Motions The following motion will be included on the May 23, 2023 Regular Council meeting agenda: Moved By: Councillor Parker THAT Council requests Staff to research and report back on the costing and possibilities of a reduced scope of the snackbar at the Lake Lisgar Water Park. 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-law 2023-045, A By-Law to close a portion of a Municipal public roadway known as the unopened Right-of-Way, described as a Road Allowance Between Concession 3 and 4, North of Talbot Road, Middleton, East of Bell Mill Sideroad Page 16 of 303 9 18.2 By-Law 2023-47, A By-Law to Appoint a Municipal Law Enforcement Officer for the Town of Tillsonburg Resolution # 2023-208 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT a By-Law to close a portion of a Municipal public roadway known as the unopened Right-of-Way, described as a Road Allowance Between Concession 3 and 4, North of Talbot Road, Middleton, East of Bell Mill Sideroad ; and A By-law to Appoint a Municipal Law Enforcement Officer for the Town of Tillsonburg be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19. Confirm Proceedings By-law Resolution # 2023-209 Moved By: Deputy Mayor Beres Seconded By: Councillor Spencer THAT By-law 2023-046, to Confirm the Proceedings of the Council Meeting held on May 8, 2023, 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. Carried 20. Items of Public Interest 21. Adjournment Resolution # 2023-210 Moved By: Councillor Parsons Seconded By: Councillor Luciani THAT the Council meeting of May 8, 2023 be adjourned at 6:52 p.m. Carried Page 17 of 303 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are livestreamed and recorded. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. This allows members of Council to have an understanding of the purpose of your delegation. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 18 of 303 First Name * Patricia Last Name * Marshal Street Address * 235 thames st N Town/City * Ingersoll Postal Code * N5c3e3 Phone Number * 226-340-1388 E-mail * IISANnetwork@gmail.com Subject * IISAN deligation Name of Group or Person(s) being represented (if applicable) IISAN- Ingersoll & Area's Indigenous Solidarity and Awareness Network All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. Details of the purpose of the delegation: * My name is Patricia Marshal, I am a mixed heritage mother of four and resident of Ingersoll, I am also a previous resident of Tillsonburg. I write to you today in my professional capacity as the founder and director of IISAN, Ingersoll & Area's Indigenous Solidarity and Awareness Network. Firstly I would like to thank Tillsonburg Town Council for making their formal land acknowledgment recently. These are meaningful steps! I was speaking with councilor Kelly Spencer after the annoncemnt to congratulate Tillsonburg on this monumntous occurance and to also enquire if the council of tillsonburg would be open to a presentation from IISAN regarding meanigful Truth and Reconcilation. She directed that i contact the clearks office tk request a deligation. It is so important to have these open channels of communication between municipal offices and the citizens of the area. It is also extremely important for Municipalities and social orgaizations to work together towards T&R. It is a pleasure to have the opportunity to speak with you and explain what it is we do at IISAN. Ingersoll & Area's Indigenous Solidarity and Awareness Network otherwise known as IISAN was Page 19 of 303 formed in the wake of the discovery of the 215 in the summer of 2021. We are composed of a mix of Indigenous, mixed ancestry and Indigenous allies all with the same goal- actively work towards Meaningful Truth and Reconcilation in Oxford County! We have now successfully organized two March's for Truth and Reconciliation in Ingersoll under the IISAN umbrella in September 2021 and September 2022, we are of course also planning our third annual march for Saturuday September 30th 2023 in Ingersoll. In order to include all of Oxford County in meaningful Reconcialtion and understanding of the truth we are now attempting to expand our events to neighbouring towns within Oxford County starting with a small memorial event in Tillsonburg on the evening on May 6th for MMIWG2S+. We invite Tillsonburg council members to attend if they wish to particpate. Since the conception of our network we have strived to find meaningful ways to illuminate the truth about Indigenous issues/history to the residents of this county and give people the opportunities to stand in solidaurty and be part of reconcilation. T&R is something that has been largely ignored in Oxford county untill the formation of IISAN and I'm am very proud and grateful that the efforts we have made have indeed gotten the ball rolling with our towns. It was deeply appreciated that Tillsonburg council is also having ProfessorCody Groat in to deliver an education segment to council. This is long overdue for most Municipalities within oxford county, i attended Codys presentation in Ingersoll and can confirm that it is very informative for everyone who attended or viewed. IISAN has also been working on other ways to help the community in regards to T&R; in March we are launched a youth program in partnership with Big Brothers Big Sisters of Oxford County and sponsored by Communities Building Youth Futures Oxford to help youth in our area explore Indigeneity through creative expression and community connection. We are also planning an event in May to honor MMIWG2S+ people along the Trans Canada Trail and are in the works on organizing a four part community education program open to all members of the public. Hopefully we see some council members at these education programs also to further their understandings and commitments towards truth and reconcilation in both their personal and professional capacities. We have also been setting up our booth at local festivals and events in order to promote what we do and give people more opportunities for learning. we love to attend Turlte Festival and set up a small booth also if that would be allowed. At IISAN we have learned that it's imperative that we work cooperatively with both municipal councils and leaders aswell as Indigenous councils and leaders. Our hope is that we could come explain to council and public what IISAN is about, what we have done, what we plan to do and how the town of Tillsonburg could be active partners with Ingersoll & Area's Page 20 of 303 Indigenous Solidarity and Awareness Network moving forward to lead the way in our area as pillars of inclusion, diversity and Recolcilation, just as we recently did for Ingersoll Town Council. Thank you, miigwech, merci for taking the time to read my email. I look forward to speaking more with you and arranging a time IISAN could come in to do a formal delegation to town council. Best wishes; Patricia Marshal (she/her) Director of IISAN- Ingersoll and area Indigenous Solidarity and Awareness Network Please indicate the preferred meeting date which you would like to appear as a delegation: 5/23/2023 Do you or any members of your party require accessibility accommodations? * Yes No Will there be a Power Point presentation? * Yes No Please attach a copy of your presentation. If you experience technical difficulties please submit your presentation materials via email to clerks@tillsonburg.ca I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept  Page 21 of 303 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 22 of 303 Tansaii, Sekon, Khwe, Boozhoo, Bonjour, Hello These are just a few of the many phrases we can use to greet one another, which one I propose to you would your first inkling be to use? Which of these do you think was the first for the wind, trees, earth and river to hear? Which ones I now ask did I begin with? TANSAII< SEKON< KHWE< BOOZHOO< These words I use first as a way to honor the first people of this region, the Anishnawbe and the Houdenesaunee, however just like there are many words, there were many nations and many ways to honor, reconcile and move forward. IISAN does its best to help the community to be able to so also in meaningful ways. I would like to say Miigwech, or thank you to council for having me here to share with you about Ingersoll & Area’s Indigenous Solidarity and Awareness Network or IISAN for short. My name is Patricia Marshal, I am a woman of mixed Ojibwe, Celtic and German heritage, who has called Oxford County home since 2016, I have chosen to raise my four resilient Indigenous children here with the help of my partner who is a proud Houdenesaunee descendent of the Mohawk Nation and has called Oxford County home his whole life; my professional capacity however is that of the Director of IISAN. It is important however, before I go any further that I acknowledge the land on which we stand and its Indigenous roots. Tillsonburg adopted a formal land acknoiledgemnt in October of 2021 that reads "In Tillsonburg, as we gather on the traditional territory of indigenous peoples, dating back countless generations, we acknowledge the Anishinaabek (Ah-nish-in-a-bek), Haudenosaunee (Ho-den-no-show-nee) and Attawandaron (Add- a-won-da-run) peoples, showing respect for the long-standing relationships that Indigenous Nations have to this land, as they are the original caretakers." Upon firther research I also found this land acknoedlgemt adopted by tillsonburg town council in 2021 Tillsonburg is located on the traditional territories of Indigenous Peoples and is covered by the Between the Lakes Treaty Number 3 of 1792. I/We would like to acknowledge that we are on the traditional land of the Anishinaabek, Haudenosaunee, and Attawandaron peoples.” I am also aware that recently the town of tillsonburg once again reaffirmed their acknowledgement of tillsonburgs indigenous roots in the public eye. I ask however, with these public statements of Page 23 of 303 recognition, what else has the town of Tillsonburg done to be active participants on the path towards Truth and Reconciliation since? I don’t ask this to shame you or put you on the spot, but simply as something to ponder, Many times people make land acknowledgments as blanket statements and many feel it will “get them off the hook” of further or immediate action, well the time has come for all of us in Oxford County to stop dragging our feet and honor the fact that Oxford County is part of the ONE BOWL AND SPOON TREATY between the Anishnawbe and Houdenesaunee peoples who shared the resources of this region and that as residents we could and should find ways to become respectful partners in this treaty and the responsibilities that it entails. Formal government treaties such as the Upper Canada treaties oxford county falls into and the between the lakes treaty that Tillsonburg is part of were made with the intention of trading ownership of land and without the full understanding of the Indigenous peoples, therefore consent by its very definition is in question. Indigenous peoples are connected to the land which they live, with responsibilities of stewardship for species of flora and fauna. The arrival of settlers and the so called “purchase” and theft of lands caused the collapse of many ecosystems and even extinction of entire species, almost including Indigenous peoples themselves. Treaties with the crown and federal governments were also only made with individual nations and were not negotiated with all nations who used this land and its resources, this further supports questions of consent and the legitimacy of these treaties and the limitations they impose on Indigenous people and the liberties granted to settlers of the area. Both the Anishnawbe and Houdenesaunee had long established forms of governance and community that were directly disrupted by the arrival of settlers into this tract of land, including the colonial imposed elected council system which superseded the long standing hereditary councils. Both of these peoples welcomed settlers into these lands and taught them ways to survive and thrive, it was the hopes of our Indigenous ancestors that the new settlers would help to share the load of stewardship and become partners in traditional treaties such as the dish with one spoon, an example of this wish would be the Two Row Wampum made with the Dutch peoples, this illustrated the desire to coexists peacefully side by side without disrupting the others way of life. I bring these perspectives and information to the table in order to help with the journey of understanding regarding the ask put forth by UNDRIP and what the principles of it imply on a local scale. Being that the Pope has just recently repudiated the Doctrine of Discovery, which was the original grounds and basis for colonial practices, law, religion and land “ownership” to be considered the more civilized way of life and would supersede the pre-established Indigenous governing bodies, land stewardship agreements and spiritual practices; this is a monumental and pivotal time for Truth and Reconciliation. - I recommend referencing pg. 8 and 9 of the TRC report, regarding the sections on Reconciliation and the United Nations Declaration of the Rights of Indigenous People #43-47 - You’re probably asking, what or who is IISAN? IISAN itself is a collaborative network comprising of Indigenous, Mixed heritage and non-indigenous allies. We have four executive board members, being Brenda Boswell as our treasurer, Giselle Luftfallah as our secretary, Lisa Scott as our Deputy Director and myself Patricia Marshal, as Director along with several other community volunteers. Page 24 of 303 We are a grassroots not-for-profit organization and have just opened a bank account. We meet wherever we can find space. Our planning meetings during the covid19 pandemic took place in a park, during 2022 we were able to host some of our meetings indoors at the ICAC and this year we have been meeting at Ingersoll’s downtown Tim Horton’s. IISAN was formed in the wake of the discovery of the 215 children at a residential school in Kamloops BC in 2021. Our original intention was to try and help the community with moving forward with being active participants on the journey towards truth and reconciliation. Being that Ingersoll is situated between two of the oldest and longest operating residential schools in Canada, and situated between numerous Indigenous communities it was felt that it was imperative for actions to occur. Why does IISAN exist? To date almost 7000 previously unmarked graves of children attending residential schools have been recovered, this doesn’t include the over 6000 known children who did not make it home from residential school. For 150 years, over 150 000 children were legally taken from their parents and indoctrinated into a system of systemic hate, violence, abuse and oppression for 150 years this was supported by our governments, by our policing bodies, and for 150 years Canadians were both willingly and unknowingly complicit in the perpetuation of these so called education centres. For years whistle blowers tried to bring an end to these injustices or at least notify the public. Yet little to nothing was ever done. This is a horrific and unchangeable part of history we must face, honor and do our best to reconcile. In 2015 the TRC report was released to the public documenting the accounts of survivors and illustrating calls to action in order to work towards true truth and reconciliation, how many I ask have taken the time to actually read this document and digest its information? We knew then that thousands of children died at school, if thousands of children were to die at school in Canada now, we all know what would happen… however when it comes to indigenous children it shamefully took the rediscovery of hidden children for mainstream society to begin to feel the grief and become even remotely accountable for making sure history is not repeated and healing occurs. The effects of residential schools, including the wellbeing of survivors, families, honoring of those lost and public awareness, is one of the three major issues indigenous people face that IISAN has been working to highlight and is why orange is included in IISANs colours. Mmiwg2s+, this is more than just an acronym, these letters, number and symbol represent a plight older than this country that indigenous people have been forced to face and have largely had ignored by the colonial world. For centuries now indigenous women, girls, two spirit people and men have been stolen from Turtle Island, murdered with impunity and disappeared without a trace or aid. Beginning with stories like Matoaka’s with the founding of this so called new world and still ongoing with stories like Linda Mary Beardy this year. This is an issue that cannot and should not be ignored! 60 % of all murdered women are indigenous in North America, with indigenous women being at 12x the risk of violence and Sa, indigenous women and girls are also 16x more likely than their Caucasian counterparts to experience these traumas. This does not take in to account the fact that 6 out of every 10 incidents of violence against indigenous people goes unreported due to authorities neglecting to solve indigenous related cases, this is supported by statistics like a 53% murder solve rate for indigenous murders vs the 84% solve rate for non-indigenous murders, or the RCMP only formerly recognizing 1000 of the over 4000 Indigenous deaths on the highway of tears that the Native Women’s Association of Canada has recorded. These stats are tragic, and as an Indigenous woman and mother to Indigenous children, they Page 25 of 303 are terrifying. Can you imagine having to worry about these things daily? This is a reality for Indigenous people even here in Oxford County. In 2019 our prime minister declared MMIWG2S+ genocide, this month it was once again brought up in the house of commons and declared a national emergency, what I ask is being done? Where is the red dress alert? When will we as a society begin to address the 231 calls to justice? IISAN recognises that the social issues of MMIWG2S+ is one of the predominant three issues that Canadians have the power to recognize and actively help to solve. That is why Red is included in our colours. When you turn on your tap, do you feel comfortable drinking from it? How come you feel that way? Now imagine that for 27 years now you could not turn on that tap and safely take a drink of water, use that water to cook, brush your teeth or even boil to cook with? How would you feel then? This is the sad reality that many indigenous communities face, if you prefer to have a tangible community to think about the strongest example would be Nesktantga first nations in northern Ontario, they have been without access to clean water for over 27 years despite several attempts to highlight the issue, Two other nearby community without access to clean water would be Munsee-Delaware Nation and Six Nations of the Grand River, I’m sure many of you know exactly where both of these are. . Many other communities go without adequate food supplies, medical care and local education. Many indigenous communities in Northern Ontario and other provinces do not have high schools within their community, this requires sending their loved ones away to larger cities, which causes the reliving of intergenerational trauma and the creation of new ones (watch thunder bay on crave for an eye opener) A Lack of basic resources in indigenous communities or any community in a nation that proclaims itself as a first world nation is a deeply shameful and troubling issue, this is why IISAN includes blue as our third colour, to highlight and represent the disproportionate lack of basic needs many indigenous people face in this county and province alone. **I’d like to quickly note that the slides in the PowerPoint provided contain further information, including links about these topics and I encourage you to take the time to read them and further up on expanding your personal understanding of these situations.** What does IISAN do? IISAN first began with an orange heart campaign as a creative display in the downtown core. We worked with local shopkeepers to accurately showcase the number of graves being found. We then organized our first official march for Truth and Reconciliation September 30th 2021, with over 400 people in attendance. Community partners included: United Way, Oxford Children’s Aid Society, the Optimist Club of Tillsonburg, Big Brothers Big Sisters of Oxford, town of Ingersoll and N’AMERIND Friendship Centre. Our 2nd march on September 30th 2022, was enhanced through a partnership with the Ingersoll Creative Art Centre. This gave us some indoor space and coincided with an Indigenous Art exhibit. IISAN has also been responsible for establishing a local “red dress tree” found downtown Ingersoll on important dates to honor the spirits of MMIWG2S+ people. In late 2022, IISAN began working with the Ingersoll BIA regarding a crosswalk to highlight Indigenous Issues, you can see the design on the far right of the current slide. This design highlights three of the social issues Indigenous people have and do face and is created with colours and symbolism tied to these issues, Orange with a handprint for those affected by the IRSS, blue with a water drop to highlight the disproportionate lack of basic resources in Indigenous communities as well as red with a dress for MMIWG2S+; due to the onset of the snow the installation was delayed to June 20th 2023. 2023. This crosswalk is planned to be installed on King St crossing from Page 26 of 303 the Ingersoll Nurse Practitioner Clinic to the Memorial park where we conduct our Truth and Reconciliation opening ceremonies. This location also has historical ties to the “Detroit Path” which ran across east Oxford Township connecting the head of Lake Ontario to what is now known as Detroit. We have also been doing our best to set up pop up tables at community events and festivals in order to help raise awareness and give more access to education for members of the public. This year IISAN was successful in obtaining a grant from Communities Supporting Youth Futures Oxford to offer a new program to educate youth aged 6-16 about Indigeneity in order to help the next generation to know better and do better while also addressing call to action #66 and #63 from the TRC. We call this program IndigiKNOW and partnered with Big Brothers Big sisters of Oxford County to deliver it in a safe and inclusive manner. We have also recently applied for a grant from the Community Services Recovery Fund to help us with our vision, communications and future plans. In April IISAN participated in Ingersoll’s Annual Community Clean Up along the Thames as an act of responsible land stewardship, it was refreshing to be engaged in such a good natured and well established event like this, although the rain did try to be our tag along, it provided the chance to extend our community clean for the full week. Also in April of 2023 IISAN stood with Oxford County Pride in Norwich against their motion to ban the flying of any non-government flags, which would include the pride flag, inclusive pride flag in June and flags regarding truth and reconciliation, such as the every child matters flag in September. IISAN still stands with Oxford County Pride as an ally and as advocates for the Two-Spirit community. IISAN wants to make it clear that Oxford County is a rainbow of diversity and this should be reflected by our elected officials in any capacities they are capable to do so, including and not limited to flying flags of solidarity with minority groups like the 2sLGBTQIA+ and Indigenous peoples of Turtle Island. You can count on us to be at this year’s Oxford County Pride Family Day with information and Indigenous awareness and pride merchandise by Becca Neepin, an indigenous vendor, Woodstock resident and IISAN collaborator. On May 6th of this year in Tillsonburg we hosted our first annual HONOURING MMIWG2S+ event along the trans-Canada trail which included a display of red dresses in the main park accompanied by information about MMIWG2S including the calls to Justice. The night concluded with an introspective red dress walk after speeches and spoken word were shared. We also had MMIW+ awareness merchandise available for participants who wished to continue to raise awareness past the night of the event. We plan to continue to host this event annually in Tillsonburg and hope it will grow in size and awareness. We of course are also in the works of planning IISAN’s annual event for September 30th which includes the “March for Truth and Reconciliation”, a “red dress tree” along the March route and guest speakers including Indigenous Studies Professor Cody Groat. We have an open call out for indigenous vendors, drummers, artists and speakers who wish to partake in this year’s event. We are also looking for community sponsors who wish to help us with this year’s March for Truth and Reconciliation. We are now in the works of collaborating with STITCH supper club to highlight some indigenous food at their June 22nd STITCH supper club meal, being that it is the day after National Indigenous day it was a perfect opportunity for community collaboration. IISAN is also exploring the possibility of offering basic adult information sessions as a result of community feedback. In conclusion It took until the discovery of 215 tiny souls in unmarked graves in 2021 for communities to do something about it, not when the reports were published in the early days of residential schools, not when Page 27 of 303 indigenous communities and their survivors were brave enough to share their stories, not when OPP officers were picking up young runaways to return to the Mohawk institute, not when indigenous mothers, children and partners tried to alert the authorities of their missing and murdered loved ones, not when the TRC report was released with its recommendations in 2015. No, it took the shocking recovery of the 215 for this community to do anything about these atrocities and to become active participants in truth and reconciliation. For that I do feel shame, I’m sure many of us do, however I do feel gratitude and pride that IISAN has been able to do their best to lead by example and make truth and reconciliation a priority in oxford county, and Tillsonburg itself. I feel pride and gratitude also that as council you have made it your priority to learn and observe some of the calls to action in the TRC, beginning with your formal land acknowledgment and continuing with having me here today and hopefully moving forward as well. I know these are powerful observations and statements, and that it leaves one with a lot to digest, however I do wish to make an ask of Tillsonburg Town council, my ask is for your formal endorsement of IISAN 00000000\ bjiiiiiii/and support towards IISAN’s actions by means of promotion of our events and information on your social media pages and website, we also ask that Tillsonburg Town council table and present an annual report illustrating how the council has or has not met the calls to justice and calls to action outlined in the trc report and MMIW final reports. These asks are made to help the community to move forward with being active participants in truth and reconciliation. My uncle Blair, a 60s scoop survivor from Mishkeegogamang First Nation taught me a powerful phrase in Ojibwe when I began walking this path and it has stuck with me every step of the way, I wish to say it and leave it with you. Kina gibizaamin maji mnowagazman ambe dash ga mnowagazyen This means for we came to be happy so go be happy, there is no truer sentiment or phrase I have ever heard about the hopes for moving forward for both indigenous and non-indigenous communities. Chi-miigwech for having me today and I hope that IISAN and the town of Tillsonburg can be great partners moving forward on the path to truth and reconciliation. Page 28 of 303 May 23rd 2023 Page 29 of 303 Page 30 of 303 Page 31 of 303 Page 32 of 303 Page 33 of 303 Page 34 of 303 Page 35 of 303 Page 36 of 303 https://www.mmiwg-ffada.ca/final-report/ Page 37 of 303 Page 38 of 303 Page 39 of 303 Orange Heart Campaign Page 40 of 303 Page 41 of 303 September 30th 2022 Page 42 of 303 Page 43 of 303 Page 44 of 303 Page 45 of 303 IndigiKNOW Page 46 of 303 Upcoming Events and Projects •IndigiKNOW May 29th in Ingersoll •IndigiKNOW June 19th in Ingersoll •Oxford County Pride Family Day June 17th in Woodstock •Ingersoll Indigenous Cross walk installation and celebration June 20th •Frybread Feast with IISAN and STITCH June 22nd in Ingersoll •Truth and Reconciliation Event September 30th in Ingersoll •4 part community education project during 2024 in Oxford County •IISAN podcast in 2024 Page 47 of 303 March for Truth and Reconciliation 2023 Page 48 of 303 Page 49 of 303 Page 50 of 303 Page 51 of 303 Page 52 of 303 The MMIWG2S+ final report can be found at https://www.mmiwg-ffada.ca/final-report/ TRC Reports can be found at https://nctr.ca/records/reports/including information regarding the 98 calls to action More information regarding the water crisis can be found here https://www.sac- isc.gc.ca/eng/1506514143353/1533317130660 IISAN can be found on facebook at https://www.facebook.com/IISANnetwork?mibextid=ZbWKwL or on Instagram by scanning >>>>>>>>>>>> You can reach us by email at iisannetwork@gmail.com 226-340-1388(cell-text only) Further Reading and IISAN Contact Page 53 of 303 Page 54 of 303 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are livestreamed and recorded. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. This allows members of Council to have an understanding of the purpose of your delegation. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 55 of 303 First Name * John Last Name * Hall Street Address *Town/City * Tillsonburg Postal Code *Phone Number * E-mail *Subject * proposal to erect a all season steel building over the existing tennis courts Name of Group or Person(s) being represented (if applicable) john Hall All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. Details of the purpose of the delegation: * The proposal is to erect a all season steel building over the existing tennis courts, Tillsonburg has no facilities to accommate winter tennis and pickleball forcing residents to drive to aylmer, st thomas and woodstock. Once erected the building will not only service tennis and pickleball but by using portable pickleball nets the area can easily be cleared for badmington, axercise classes, Dance classes Handycap programes, any club looking for space in the wintertime. This will promote Tillsonburg as the leading town for all season recreation and draw in residents from surrounding areas , THis will be a town programme and nobody will expect a free ride at tax payers expense, Aylmer is dawing in a average of 40 pickleball players a day charging $4 per 3 hour session, with our arena open morning afternoon and evening we could easily draw in $150 a day just for pickleball, with 18 session a week we should easly cover heating and cooling costs. The other advantage is the high school could arrange tennis lessions twice a week all year round for its students without worry of weather conditions. This of course is the big factor, one can never rely on weather, it is either to hot, cold, wet, windy the sun is in your eyes and players only get 5 months if they are lucky.If approval is granted the steel manufacturer and contractors can put up the building in a time period of 14 weeks . Personal Information Personal Information Personal Information Personal Information Page 56 of 303 Please indicate the preferred meeting date which you would like to appear as a delegation: 5/22/2023 Do you or any members of your party require accessibility accommodations? * Yes No Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept  Page 57 of 303 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 58 of 303 Transitioning the Blue Box Program to Extended Producer Responsibility -Update Town of Tillsonburg Meeting of Council May 23, 2023 Page 59 of 303 Transforming Waste in Ontario Provincial Goals and Objectives •Transform the existing wastediversion framework to support Ontario’s vision of a circular economy •Circular Economy aims to eliminate waste, not just from recycling processes, but throughout the lifecycles of products and packaging •Producers will be fully responsible for end-of-life management of the paper products and packaging material produced Page 60 of 303 New Blue Box Regulation •As of January 1, 2026, Producers will become fully accountable and financially responsible for collecting and recycling their Blue Box materials when consumers discard them •Province-wide common collection system for Blue Box Materials •Municipalities and First Nation communities will start transitioning their Blue Box programs starting July 1, 2023 through to December 31, 2025 •As of January 1, 2026, municipalities are no longer be responsible for the Blue Box program •Result = Net annual savings of ~$2 million for the County Page 61 of 303 Current Blue Box Program •Mandates municipalities operate, and maintain a blue box waste management system for populations of at least 5,000 •Provides service to residential sources including multi-residential buildings •50% of municipal net Blue Box program costs funded by Producers •The collection and processing of blue box materials from non-residential sources (IC&I) does not qualify for program funding –100% of the costs incurred by the municipality Oxford County’s Blue Box Program Residential Curbside Collection 50% of costs funded by Producers IC&I Curbside Collection Must meet program requirements & located on collection route (e.g. BIAs) 100% of costs funded by municipalities Depot Collection (Residential & IC&I) Only material from residential sources is eligible for funding at 50% of net program costs Page 62 of 303 Transitioned Blue Box Program (begins January 1, 2026) •Only residential sources, public spaces and eligible IC&I sources (schools, not-for profit long-term care and retirement facilities) will receive collection •100% of all collection, processing, and program management costs for program eligible sources covered by the Producers •Producers are required to meet reduction, reuse, and recycling targets as well as service standards and promotion and education requirements Producer Led Blue Box Program Province Wide Residential Curbside Collection 100% of costs funded by Producers 100% of program operations managed by Producers IC&I Curbside Collection Curbside service to non- eligible IC&I will be discontinued Depot Collection (Res & IC&I) May not supported by Producers where curbside collection service exists Page 63 of 303 Designated Materials Page 64 of 303 EPR Blue Box Transition Timeline First Group of Municipalities (67) •Transition July 1, 2023 Second Group of Municipalities (127) •Transition 2024 Third Group of Municipalities (182) •Transition 2025 •Oxford County –Dec 31, 2025 * * Includes recycling program services provided by SWOX and Woodstock under service contract to the County Page 65 of 303 During the Transition Period (July 1, 2023 to December 31, 2025) •County continues as the Waste Management Authority for all Area Municipalities, coordinates and/or contracts out all eligible Blue Box Program services •County will continue to receive Blue Box program funding of approximately 50% until the end of 2025 •County to continue to report to Resource Productivity & Recovery Authority (RPRA) on County and contracted Blue Box programs. Page 66 of 303 Transitioning the Blue Box Program to EPR •Producers can independently fulfill their new EPR requirements or contract to a PRO to manage their blue box responsibilities under the New Blue Box Regulation •A PRO represents one or more Producers and carries out Blue Box services such as: •Arranging, establishing or operating a promotion and education system •Arranging, establishing or operating a collection or management system •Provide customer service support for curbside collection operations •Provision of blue box containers •Representing producer(s) for other purposes related to O. Reg. 391/21 Page 67 of 303 Circular Materials (CM) •A national PRO supporting Producers to meet their EPR regulatory obligations •CM was selected as the administrator of the common collection system •Other PROs may come forward to oversee the common processing systems Founders •Founded by 17 of Canada’s leading food, beverage and consumer product manufacturers, restaurants and retailers •Represents over 66% of Blue Box tonnage supplied to consumers in Ontario in 2020 Page 68 of 303 Procurement Process During the Transition Period (July 1, 2023 to December 31, 2025) Circular Materials Competitive Procurement Common Collection System RFPs Post-Collection Services RFPs Receiving Facilities (Transfer Stations) Closes April 29, 2023 Collection Services Coming Q4 2023 Preconditioning Facilities Closes May 17, 2023 Beneficiate MRF for Glass Closed April 12, 2023 Plastic Sorting Facility TBD Page 69 of 303 Transitioned Program: Non-Eligible Sources Page 70 of 303 Transitioned Program -Non-Eligible Sources Embedded Along Collection Routes Page 71 of 303 Transitioned Program: IC&I Non-Eligible Sources –Urban Areas Page 72 of 303 Transitioned Program: Non-Eligible Sources –Rural Areas Page 73 of 303 Transitioned Program: Non-Eligible Sources Service Options Municipality Arranges & Provides Stand Alone Service (collection or drop-off) Non-Eligible Source Secures Stand Alone Service (hires contractor) •Municipality Covers Cost •Municipality Charges Participating Non-Eligible Sources (User-Pay) •Non-Eligible Sources Pays Contractor Directly Maintains service, less likely blue box materials end up in landfill Minimizes service disruption Drop-off depots may be cost efficient alternative Non-Eligible sources would procure contractor at their expense No municipal involvement × Higher collection costs per stop due to loss of economies of scale achieved through residential program × Additional processing and transportation contracts required × Program participation may decrease = increased blue box material end up in landfill Page 74 of 303 Transitioned Program –Level of Curbside Service Impacts Residents will continue to receive curbside collection but may see level of service impacts such as: •Collection day and frequency (e.g. once/week, bi-weekly, etc.), which may not occur on the same day as curbside garbage collection •Blue Box material streams (e.g. single stream vs dual stream, separate stream for certain material types i.e. cardboard) •Customer service inquires/support will not be a municipal responsibility and managed by PRO(s) through their procurement contracts with Producers Page 75 of 303 Transitioned Program –Public Spaces & Convenience Depots Impacts Public Spaces •No obligation to use the same public space recycling sites currently used by municipalities •Public space recycling sites will need to meet regulator requirements to be potentially eligible Convenience Depots (Drop-off Depots) •No obligation to maintain convenience depots (OCWMF Depot, Woodstock Enviro-Depot) but Producer / PROs may consider feasibility if materials are from eligible sources •Plastic film and bulk Styrofoam packaging materials will be the responsibility of the Producer / PROs continuation ofdepots uncertain Page 76 of 303 Programming Considerations •Comprehensive communication plan with early targeted communication for ineligible sources •Should County provide collection services to non-eligible sources (e.g. BIAs, Daycares, Municipal Facilities, etc.) and how will it be funded (e.g. user fees, tax levy)? •Will non-funded convenience depots continue to operate? •Who will report to RPRA when new developments are ready for collection by the Producers /PRO? •How will municipal stranded assets be utilized? •Municipal participation in collection services through formal bid submissions or sub-contract services to primary bidder? Page 77 of 303 Next Steps •Information delegations to all Area Municipalities •Raise Area Municipality awareness of upcoming competitive procurement collection RFPs and other programming considerations (e.g. collection of non-eligible sources) •Seek direction from County Council on whether the County is to partake in the competitive bid process for future Blue Box Collection Services •Report to County Council Q2, 2023 –decision making approach going forward Page 78 of 303 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are livestreamed and recorded. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. This allows members of Council to have an understanding of the purpose of your delegation. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 79 of 303 First Name * Amy Last Name * Buchanan-St.Gelais Street Address *Town/City * Tillsonburg Postal Code *Phone Number * E-mail *Subject * Pride crosswalk Name of Group or Person(s) being represented (if applicable) Individual resident apart of 2SLGBTQIA community All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. Details of the purpose of the delegation: * Long-term Tillsonburg resident wanting to speak in support of rainbow crosswalk being installed in downtown Tillsonburg Please indicate the preferred meeting date which you would like to appear as a delegation: 5/23/2023  Personal Information Personal InformationPersonal Information Personal Information Page 80 of 303 Do you or any members of your party require accessibility accommodations? * Yes No Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 81 of 303 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 82 of 303 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are livestreamed and recorded. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. This allows members of Council to have an understanding of the purpose of your delegation. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 83 of 303 First Name * Sorraya Last Name * Buchanan-St.Gelais Street Address *Town/City * Tillsonburg Postal Code *Phone Number * E-mail *Subject * Pride Cross walk in Tillsonburg Name of Group or Person(s) being represented (if applicable) Glendale SAGE Club All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. Details of the purpose of the delegation: * Speaking on behalf of Glendale SAGE (Sexuality And Gender Equality) Club in support of pride crosswalk being installed in Tillsonburg Please indicate the preferred meeting date which you would like to appear as a delegation: 5/23/2023  Personal Information Personal InformationPersonal Information Personal Information Page 84 of 303 Do you or any members of your party require accessibility accommodations? * Yes No Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 85 of 303 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 86 of 303 Delegation Request Form Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Council meetings are held the second and fourth Monday of the month at 6:00 p.m. Council meetings are livestreamed and recorded. Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council. It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. This allows members of Council to have an understanding of the purpose of your delegation. Any Information contained on this form will be made public through the publication of the agenda. Through submission of a Delegation Request, individauls are agreeing to the release and inclusing of their personal information within the public record. Applicants may request the removal of their personal contact information when submitting this form. The request to remove personal contact information cannot be made after agenda publication. Please note that all meetings occur in an open public forum and are regularly recorded and televised. Accessibility accommodations are available. Please make your request in advance. Page 87 of 303 First Name * Gerry Last Name * Dearing Street Address *Town/City * Tillsonburg Postal Code *Phone Number * E-mail *Subject * Waiving Town fees for Tillsonburg District Memorial Hospital Foundation Event Taste of Summer Name of Group or Person(s) being represented (if applicable) Tillsonburg District Memorial Hospital Foundation All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge It is encouraged to supply sufficient information regarding your delegation for inclusion on the public meeting agenda, including any requests for action on the subject matter. Details of the purpose of the delegation: * As a not for profit organization, TDMH Foundation is requesting to have the fees waived from the Town for rental of their property/space for our annual Taste of Summer Event being held in Memorial Park June 3rd, 2023. These fees include rental of space, encroachment permit, building permit for a temporary tent, SOCAN fees and more. We are asking for this as an in kind donation from the town of Tillsonburg so we can continue our fundraising efforts as the TDMH Foundation for funding all capital equipment for our local hospital, Tillsonburg District Memorial Hospital without incurring additional costs to do so. Please indicate the preferred meeting date which you would like to appear as a delegation: 5/23/2023  Personal Information Personal InformationPersonal Information Personal Information Page 88 of 303 Do you or any members of your party require accessibility accommodations? * Yes No Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 89 of 303 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 90 of 303 Page 91 of 303 As a not for profit organization, TDMH Foundation is asking for ALL Town fees be waived for our June 3rd, 2023 Event, Taste of Summer. This includes: Pavilion rental fee, Kinsmen Bandshell rental fee, encroachment fee, building permit fee for temporary tent, SOCAN fee and TDMH Volunteer Association 50/50 lottery fee (3%) (Approx. $400.00) We ask that this be an in kind donation from the Town. TDMH and TDMH Foundation: One of Tillsonburg’s Largest Employers TDMH Foundation funds ALL Capital Equipment for our local hospital TDMH services ALL of Tillsonburg and surrounding area residents Town of Tillsonburg promotes TDMH on their promotional material as an asset for families, businesses and attracting physicians and healthcare staff. Page 92 of 303 Page 1 of 3 Subject: Recreation and Sports Advisory Committee Recommendation Report Number: RCP 23-23 Department: Recreation, Culture and Parks Department Submitted by: Andrea Greenway, Recreation Programs & Services Manager Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT report RCP-23-23, Recreation and Sports Advisory Committee Recommendation be received as information; and B. THAT Council approve the recommendation of the Recreation and Sports Advisory Committee as follows: THAT the Recreation and Sports Advisory Committee recommend the Parks and Recreation Master Plan investigate the need for additional soccer fields and consider the presentation from Tillsonburg Football Club regarding additional fields located at Gyulveszi Park; and THAT Council recommends that Tillsonburg Football Club and Tillsonburg Minor Soccer work together on a joint submission to Council on the need for additional soccer fields in Tillsonburg. BACKGROUND The Recreation and Sports Advisory Committee received a delegation from Tillsonburg FC on May 4, 2023. The following requests were made of the Town: 1. That the Town officially endorses the Tillsonburg FC Gyulveszi Park Soccer Fields Revitalization Project and provides written permission for the proposed work to go forward and remain for the longer term. 2. That the Town accepts donations from individuals and organizations for this project and provides receipts for those donations that can be used for income tax purposes. Page 93 of 303 RCP 23-23 Page 2 of 3 3. That the Town of Tillsonburg provides funding to enlarge and formalize the parking lot at the West end of the park and improving access into the parking lot at the intersection of Bond Street and Wellington Street as part of that work. DISCUSSION Tillsonburg FC presented a business plan for the proposed Gyulveszi Park Soccer Fields Revitalization Project. The committee discussed the requests that were noted in the plan in order to make a recommendation to Council. The parking lot request was removed from the discussion as there was consensus from members that the item does not meet the committee mandate as per the Terms of Reference. In terms of the requests for Town support for the proposed additional fields and the Town accepting donations for the project, the committee did not support the request from Tillsonburg FC. Committee members did not feel that the need for new soccer parks was clearly identified and, given that the Parks and Recreation Master Plan is being developed in 2023, they recommend this discussion be deferred until the Master Plan is completed. The committee also recommends that Tillsonburg FC and Tillsonburg Minor Soccer present a joint submission on the need for additional soccer fields in Tillsonburg. This would allow for a strategic picture of the needs across both organizations. The committee considered the business plan presentation and related requests into and presented the following two resolutions: 1. THAT the Recreation and Sports Advisory Committee receive the single option that the Town of Tillsonburg allow Tillsonburg FC to develop Gyulveszi Park into another soccer park. Defeated 2. THAT the Recreation and Sports Advisory Committee recommend the Parks and Recreation Master Plan investigate the need for additional soccer fields and consider the presentation from TFC regarding additional fields located at Gyulveszi Park; AND THAT Tillsonburg FC work with Tillsonburg Minor Soccer to come forward at a future date in a cohesive manner to present a joint need for additional soccer fields. Carried CONSULTATION Recreation and Sports Advisory Committee Page 94 of 303 RCP 23-23 Page 3 of 3 FINANCIAL IMPACT/FUNDING SOURCE No financial implications 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 committees and service organizations, in shaping municipal initiatives. Priority Project – N/A ATTACHMENTS Tillsonburg FC Business Plan Page 95 of 303 TillsonburgFC A BUSINESS PLAN For the GYULVESZI PARK SOCCER FIELDS REVITALIZATION PROJECT Presented to The Town of Tillsonburg March 2023 Page 96 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..2 EXECUTIVE SUMMARY For many years soccer in Tillsonburg operated under a single corporate entity encompassing both sanctioned competitive teams and non-sanctioned recreational teams for all ages. Rule changes at the provincial level of soccer has made it impossible for a single organization to continue in that manner. As a result, Tillsonburg Football Club (TillsonburgFC) was established in 2017 and incorporated in 2020 to maintain a local, sanctioned competitive soccer program in Tillsonburg. TillsonburgFC is a member in good standing of governing bodies for competitive soccer in Ontario – locally it is the Elgin Middlesex Soccer Association - along with Ontario Soccer and Soccer Canada. TillsonburgFC’s 5-year strategic plan lays out a roadmap towards doubling the number of youth players and teams in the Club by 2028, largely due to a purposeful and focused plan to increase the development of female players, coaches and match officials. As part of the requirements of participating in competitive soccer, the Club must provide regulation size fields for each of the various age groups. Soccer Canada has established an intermediate field size (60-75m x 42-55m) for U12 and U13 players. There are no good quality fields of this size in Tillsonburg that are reliably available for the two teams TillsonburgFC will have in that age group in 2023, and the Club intends to have three U12/U13 teams by 2026 and four by 2028. Tillsonburg currently boasts one of the best soccer parks in Southwestern Ontario, with three full fields, six mini fields, three micro fields and two non-standard size fields. Tillsonburg also has three additional non-standard size unmaintained soccer fields at Guylveszi Park. TillsonburgFC has prepared this business plan to demonstrate to the Town of Tillsonburg that the Club has the capacity to meet the financial, organizational and operational demands of a capital project to improve the conditions of the Gyulveszi soccer fields in partnership with the Town. The primary objective is to provide two competitive-quality intermediate size fields. A secondary objective is to accommodate the projected growth of soccer in the region by improving the quality of the existing full- size field at Gyulveszi and adding two mini-fields and other amenities to accommodate overflow from Tillsonburg Soccer Park. Page 97 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..3 MISSION & VISION Mission Statement TillsonburgFC is the community of Tillsonburg’s premier licensed competitive soccer organization, embodying the spirit of “The Beautiful Game” through implementing the Ontario Soccer Long-term Player Development Program and promoting both personal and professional growth through soccer. Vision We aim for best-in-class soccer at the most affordable price for our members. Values • Providing a Fun/Enjoyable soccer related environment = #1 for all participants. • Showing Respect to all club members and other soccer-related stakeholders. • A connected soccer Community with unrivalled (competitive) soccer spirit. • Equality/Equity for all and an Inclusive soccer-related environment • High Quality soccer facilities/programming and developing excellent people. • Practicing Sportsmanship and developing transferable (life/work) skills. STRATEGIC OVERVIEW When Tillsonburg Minor Soccer Club (TMSC) was first established almost a quarter of a century ago, a single organization could operate with both sanctioned and unsanctioned players, officials and directors. For many years competitive soccer players from Tillsonburg met with great success under the banner of the Tillsonburg Titans – the sanctioned, competitive part of TMSC. Ontario Soccer, the governing body of competitive soccer in Ontario established and began enforcing updated club licensing rules that prohibit that operating model. Either all players, officials and directors involved with TMSC had to become sanctioned, or a separate entity had to be brought into being. In 2017 the Titans component separated from TMSC and established itself as Tillsonburg Football Club. Operating for several seasons as an unincorporated community organization, TillsonburgFC finally incorporated as a not-for-profit corporation in early 2020. TillsonburgFC is committed to being a top-notch soccer club and has applied for a Quality Soccer Provider Club License from Ontario Soccer. Among other things, to succeed in obtaining this designation TillsonburgFC must commit to and deliver facilities appropriate to the programs the Club provides. In 2022, the Club had no suitable field available for the U12 Girls team in terms of dimensions and goal sizes at the Tillsonburg Soccer Park. The situation will worsen in 2023 when both the (now) U13 girls and the (now) U12 boys will need to use an intermediate size field. Further pressure will come as the number of teams needing that size field grows to three in 2024 and four by 2026. Please see Appendix A for a table showing player head count projections from 2022- 2028. Page 98 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..4 To mitigate this shortfall in available fields with the proper configuration of size and net dimensions, the Club proposes to work in close partnership with the Town of Tillsonburg to reconfigure and upgrade the three existing poor quality soccer fields at Gyulveszi Park into five safe and fully operational soccer fields. This initiative will in no way replace or take away from the Tillsonburg Soccer Park’s pre-eminent role as the home of soccer in Tillsonburg. It is intended to augment that facility and provide additional training and match play field time to meet the growing demand. PROJECT DESCRIPTION: Gyulveszi Park Soccer Fields Revitalization Project TillsonburgFC’s plan is for Gyulveszi Park to be purposefully upgraded to accommodate Tillsonburg youth competitive soccer players from ages U8 to U16. The men’s and women’s teams would continue to play and train at the Tillsonburg Soccer Park. As the need for more intermediate soccer fields is urgent for the 2023 Season, TillsonburgFC is proposing the following three phased approach to improve the fields at Gyulveszi Park. Phase 1 (Spring of 2023)  level land and bring soccer field turf and goals to competitive conditions (level, smooth, free from hazards).  reseeding of the entire property  trim lower branches and/or remove trees on the north side of the property to increase usable area of the park  cut down all trees on the east side of the park with the cooperation of the owner of the neighboring property and tidy up the area to remove all drug paraphernalia and garbage. Page 99 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..5 NOTE: replacement trees will be established throughout the reconfigured park once all the construction is completed. Phase 2 (2024)  increase the size of the parking lot with the help from the Town of Tillsonburg  install field irrigation using town water or a sand point  trench utilities (sewer, water & electricity) from Peach St. to the north side of the park  install 5-metre-high chain link fencing on the south side of intermediate field (+/- 80 metres) and the main soccer field (+/- 110m) to retain balls in the park Phase 3 (2025)  build a structure on the north side of the park for shelter, dressing rooms, a small canteen and equipment storage space FUNDRAISING PLAN TillsonburgFC will execute a capital fundraising program to cover the costs of all the soccer-related improvements. The comprehensive fundraising program will pursue grants, business sponsorships, service club support and donations from the community. Grants TillsonburgFC will apply to grant programs made available by the Province of Ontario, the Government of Canada, the Ontario Trillium Foundation, and the Oxford Community Foundation, the Cowan Foundation and as many other grant opportunities as can be identified. Business Sponsorships TillsonburgFC has developed a business sponsorship program to secure financial support from local companies and has already obtained significant commitments towards the funds required for Phase 1 of the project. This program will require the support to be recognized through permanent signage within the vicinity of the park. The sponsorship program will also be an ongoing mechanism for securing funds towards the ongoing maintenance of the fields. Service Club Support Service organizations have a long track record of being major benefactors of community projects in Tillsonburg. TillsonburgFC is anticipating that they will step up again to support youth sport and improving community facilities. Looking to Phases 2 and 3 of the project, the Club will pursue multi-year commitments for support from each of the local chapters of the Kinsmen, Lions, Masons, Optimist and Rotary Clubs. Community Donations The soccer community in Tillsonburg receives support from many individuals and families in so many ways. TillsonburgFC has been able to get commitments from a Page 100 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..6 number of individual contributors who are prepared to support this project in a significant way. It is premature to identify those individuals as the project has not yet been approved. Town of Tillsonburg TillsonburgFC is asking the Town of Tillsonburg for three important things to help achieve success with the Gyulveszi Park Soccer Fields Revitalization Project. First, as the Town is the owner of the property, for grant applications to be considered the Town will need to officially endorse the project and provide written permission for the proposed works to not only go forward but to be allowed to remain for the longer term. Second, the Club is asking the Town to accept donations from individuals and organizations for this project and to provide receipts for those donations that can be used for income tax purposes. The Town has done this before for similar community- based capital improvement projects including the Tillsonburg Soccer Park and most recently for the J.L. Scott McLean Recreation Pad. Third, the Club is asking the Town of Tillsonburg to enlarge and formalize the parking lot at the West end of the park and to improve the access into the parking lot at the intersection of Bond Street and Wellington Street as part of that work. The lot can be expanded to both the East and South in a manner that won’t interfere with the existing playground equipment. OPERATIONS PLAN The Town of Tillsonburg has historically maintained Gyulveszi Park as open park space rather than as sportsfields. TillsonburgFC expects that, as with the grounds at Tillsonburg Soccer Park, the Town will want and allow the Club to assume the property maintenance of the fields and surrounding open space and thereby save the operational expenses previously incurred for mowing the area. TillsonburgFC expects that the Town would continue to hold responsibility and accountability for the inspections, maintenance and life-cycle replacement of the playground equipment within the Park. Understanding that Gyulveszi Park is the neighbourhood green space for the residents in the subdivision South and West of the park, TillsonburgFC commits to ensuring that the Park is kept in good order and meets the expectations and standards of the Town. Specifically, TillsonburgFC will hire property maintenance services to take care of the field turf including regular mowing and lining as well as seasonal tasks like rolling, aerating, overseeding and fertilizing. TillsonburgFC will also manage the garbage and cover the cost of utilities if-and-when they are connected. TillsonburgFC will pay for these costs through the regular operations of the Club using revenue from registrations and sponsorships. Page 101 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..7 Oversight of the property will be the responsibility of the TillsonburgFC Board of Directors through a specific Director appointed to the role. Aside from accountability to the Board for the day-to-day field conditions throughout the outdoor playing season, that Director will also have formal responsibility to liaise and coordinate with the Town’s Parks staff and provide updates annually to the Director of Recreation, Culture & Parks. ORGANIZATIONAL TEAM TillsonburgFC has a committed and focused Board of Directors that are determined to see the Club grow and sustain itself for the long term. The full roster of Board Members is available from the TillsonburgFC website at http:\\www.tillsonburgfc.ca. Specific to this project, the key individuals are: Mark Locker, President. For the last 15 years Mark has enjoyed being a part of the competitive soccer program in Town as a Board member and as a coach for both, Tillsonburg Minor Soccer Club and Tillsonburg FC teams. He has been a leader, guiding us through all of the changes dictated by Ontario Soccer, to improve competitive soccer in Canada. Mark is a collaborative leader who enjoys working with other local soccer organizations. He ensures the Clubs is following its values, to help make soccer better for next generation. He is also a businessman in Town that helps with fundraising efforts Michael Papaioannou, Vice President. Michael has been a key figure in soccer (and many other sports) in Tilllsonburg for over fifty years. With the successful build-out of the Tillsonburg Soccer Park from 2000-2010, Michael has proven his ability to plan and secure financial support to ensure a project’s success. He was on the Board of Directors that built the Tillsonburg Soccer Park as the fundraising chairman, with an approximately cost of $1.5M. He has also proven his commitment to achieving a very high standard in the work done – no cutting corners. Michael will find the money to get the job done right. Frank Deutsch, Treasurer. Frank has also been part of the competitive soccer community in Tillsonburg for nearly 30 years. Franks vocation in the finance industry has provided him with the skills to make sure all of the financial aspects of the project are managed properly. Frank was the treasurer and part of the Board of Directors that built the Tillsonburg Soccer Park on 2000. John Twinem, Head Coach/Technical Director. John has coached multiple youth soccer teams to regional and provincial success. He has successfully placed multiple players he has coached on varsity teams in Ontario and the United States. John’s expertise will be applied in making sure the upgraded fields will support safe and technically appropriate play for each of the age groups they are designed for. Page 102 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..8 Brett Harrington, Senior Men’s Director. As a player growing up in the Tillsonburg competitive soccer community Brett achieved great results leveraging into a varsity soccer role. Now, giving back to the community he brings his professional skills in marketing and business to this project. His role will be to have oversight of the marketing materials for the fundraising aspects of the project. Rick Cox, Secretary. Rick’s role in this project will be to find grant opportunities and then to prepare and submit the applications. He has proven success at securing capital and program grant funding for projects of all sizes in Tillsonburg and other communities. Page 103 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..9 PROJECT COSTS AND FUNDRAISING TARGETS The cost of the project is anticipated to be $882,000 including a 10% contingency. (NOTE: this does not include the cost for the parking lot improvements estimated at $200,000-300,000). TillsonburgFC will fundraise to reach this target amount, approaching each phase separately and proceeding only when the funds are in place to accomplish that phase. This cost estimate has been prepared through consultation with companies who are prepared to do the work for that price. It reflects pricing current in late 2022. The fundraising target exceeds the projected cost by 5%. Capital Costs Contingency $ 80,000 Phase 1 Soccer Field Levelling $ 150,000 Seeding Soccer Fields $ 17,000 Fencing $ 30,000 Soccer Goal Posts $ 10,000 Accessibility Enhancements $ 10,000 Cut & Tree Trimming $ 6,000 $ 223,000 Phase 2 Field Irrigation $ 42,000 Fencing $ 70,000 Utilities – Water $ 15,000 Utilities – Sewage $ 27,000 Utilities – Hydro $ 30,000 $ 184,000 Phase 3 Storage/Washrooms/Shed $ 350,000 Accessibility Sidewalks $ 25,000 Water Well $ 20,000 $ 395,000 Total $ 882,000 Page 104 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..10 Fundraising Targets for Capital Costs Grant support $ 280,000 Industry / Business’ $ 250,000 Community Donations (Town Tax Receipt) $ 130,000 Tillsonburg FC Contributions Lottery revenue (750 x $100 Tickets) $ 50,000 Sponsorships $ 30,000 Accumulated operational surplus $ 20,000 3 fundraising events $ 18,000 Associate Memberships $ 10,000 $ 128,000 Service Clubs $ 135,000 Total $ 923,000 Page 105 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..11 SUMMARY Soccer in Tillsonburg benefits from a wonderful facility and strong community support. The popularity of the sport and the growth of the municipality has created challenges for competitive players to find place to play. This business plan presents a solid roadmap for the Town to secure improved sport facilities from a motivated community group. TillsonburgFC is determined to develop a strong competitive soccer program based in Tillsonburg with female and male youth teams at all ages from U8 through U16 and for adults from 18 and up. In order to achieve that mission, additional and upgraded fields, particularly of intermediate size are needed in Tillsonburg. TillsonburgFC is prepared to successfully fundraise the $923,000 required to upgrade and reconfigure the existing soccer fields at Gyulveszi Park to augment those available at the existing Tillsonburg Soccer Park and is asking the Town of Tillsonburg to endorse and approve the project. TillsonburgFC stands ready to answer any questions Council and staff may have about the organization, about the plan, or about the project. The Club is ready to proceed as soon as Council provides consent. Page 106 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..12 APPENDIX A 2022-2028 TillsonburgFC Player/Team Growth Projection Players 2022 2023 2024 2025 2026 2027 2028 Field Size U8 (co-ed) 10 10 10 20 20 Mini (55m x 35m) U9G 10 10 10 10 10 Mini (55m x 35m) U10G 12 12 12 12 Mini (55m x 35m) U11G 12 12 12 Mini (55m x 35m) U12G 16 16 16 Intermediate (80m x 45m) U13G 18 18 Intermediate (80m x 45m) U14G 18 Full size (110m x 65m) U15G 15 18 Full size (110m x 65m) U16G 18 18 18 Full size (110m x 65m) U9B 10 10 10 10 10 10 10 Mini (55m x 35m) U10B 12 12 12 12 12 12 Mini (55m x 35m) U11B 14 12 12 12 12 12 Mini (55m x 35m) U12B 16 16 16 16 16 Intermediate (80m x 45m) U13B 18 18 18 18 Intermediate (80m x 45m) U14B 15 18 18 18 Full size (110m x 65m) U15B 16 18 18 18 Full size (110m x 65m) U16B 18 18 Full size (110m x 65m) Subtotal Youth 86 92 126 118 148 174 192 Men 50 50 50 50 50 50 50 Full size (110m x 65m) Women 22 22 44 44 44 44 44 Full size (110m x 65m) Masters 44 44 44 44 44 44 44 Full size (110m x 65m) Subtotal Adult 94 116 138 138 138 138 138 Total 180 208 264 256 286 312 330 2022-2028 TillsonburgFC Player / Team Growth Projection Page 107 of 303 Page 1 of 3 Subject: EDM 23-09 Cayuga Rail Line Request – Economic Development Advisory Committee Recommendation Report Number: EDM 23-09 Department: Economic Development Department Submitted by: Laura Pickersgill, Executive Assistant and Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT report EDM 23-09 Cayuga Rail Line Request – Economic Development Advisory Committee Recommendation be received; and, B. THAT Council approve the recommendation of the Economic Development Advisory Committee as follows: THAT, in response to the March 10, 2023 letter received from Mike and Sandy Kloepfer, Town Council supports the potential discontinuation of the Cayuga Rail Line East of Talbot Road to support Residential Growth in Courtland, subject to the allocation of additional industrial lands adjacent to the Cayuga Rail Line West of Talbot Road and within Norfolk County. BACKGROUND At the March 27, 2023, meeting of Tillsonburg Town Council, the following resolution was passed: “THAT Council refer the following motion to the Economic Development Advisory Committee for recommendation to Council:  THAT Council receives the letter to council from Mike and Sandy Kloepfer dated March 10, 2023, as information  AND THAT Council supports the decommissioning and sale of the CN Rail Cayuga Line in Norfolk County from Fernlea Road to Talbot Road  AND THAT this resolution be forwarded to Norfolk County and SCOR. Page 108 of 303 EDM 23-09 Page 2 of 3 DISCUSSION Subsequent to this resolution, the Economic Development Advisory Committee reviewed this issue. There were some pros identified if maintaining status quo which included: maintaining access to two additional industrial properties on approximately 30 acres of land, maximum extent of rail line ensures maximum future opportunities and supports sustainability of railway operations. There were some cons identified if maintaining status quo which included: potential impact to residential development opportunities, reduced housing availability, negative impact to Courtland’s long term growth and tax base and additional track length means ongoing maintenance and related costs. The Committee reviewed three different options which included:  Option 1 - Maintain Status Quo - Ensures maximum viability of rail operations but potentially at a cost to Norfolk/Courtland, Kloepfers, etc.  Option 2 - Support Discontinuation of Rail Line East of Talbot Street - Will remove a minimum of 30 acres of industrial rail serviced lands from future development but supports Kloepfer’s request and Courtland Residential Growth  Option 3 - Support Discontinuation of Rail Line but with Additional Lands along Cayuga Line re-designated to Industrial By Norfolk County - Increases supply of future rail-serviced industrial lands with reduced operating costs due to reduced length of rail line while enabling Courtland Residential Growth After reviewing these options the following resolution was passed: “THAT, in response to the March 10, 2023 letter received from Mike and Sandy Kloepfer, Town Council supports the potential discontinuation of the Cayuga Rail Line East of Talbot Road to support Residential Growth in Courtland, subject to the allocation of additional industrial lands adjacent to the Cayuga Rail Line West of Talbot Road and within Norfolk County.” CONSULTATION Economic Development Advisory Committee FINANCIAL IMPACT/FUNDING SOURCE None Page 109 of 303 EDM 23-09 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 business will be connected to each other, regional networks, and the world through effective traditional and digital infrastructure. Strategic Direction – Provide alternatives to automobile travel through active transportation and public transit. Priority Project – N/A ATTACHMENTS Appendix A – Kloepfer’s Letter to Council- March 10, 2023 Page 110 of 303 Page 111 of 303 Page 112 of 303 LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of April 5, 2023 May 3, 2023 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Shelley Ann Bentley Haldimand County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: none Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Zachary Cox, Interim Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The Chair called the meeting to order at 6:30 p.m., Wednesday, April 5, 2023. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Hearing: LPRCA-178/22 (Vandepoele) A-33/23 Moved by R. Weisler Seconded by M. Columbus THAT the LPRCA Board of Director’s does now sit as a Hearing Board. Carried Page 113 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - The roll was called to conduct the following Hearing under Section 28 of the Conservation Authorities Act. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Leigh-Anne Mauthe introduced the applicant, Darlene Vandepoele, her agents, Len Girard, and via zoom, Bram Van den Heuvel. Ms. Mauthe proceeded to present the staff hearing report. An application was deemed complete to construct a structure that includes a 900 ft2 boatwell, a 720 ft2 garage on the lower level, exterior stairs leading to a second storey internal area that measures 1380 ft2. The structure also includes two second storey decks, 240 ft2 and 136 ft2 at the rear and front of the second storey, respectively, that are accessible through the internal area. The footprint of the structure is 1860 ft2. The lands are subject to flood related hazards from Lake Erie and is fully regulated under O. Reg. 178/06. Staff recommended refusal to grant a permit for this application for the following reasons: 1. The construction of the proposed structure is contrary to Long Point Region Conservation Authority shoreline policies for development in the Lake Erie flood hazard area. 2. The control of flooding is affected by the development as the overall risk to property damage is increased. 3. The control of flooding is affected by the development which substantially increases the investment in a flood hazard area that does not have safe access/egress for evacuation or emergency assistance. 4. The control of flooding is affected by the development as the second storey area could be utilized as habitable space and would therefore put additional risk to life and property for both the occupants and emergency personal and first responders. Ms. Vandepoele explained that the large building is required to house various items from downsizing other properties and store outdoor furniture and equipment in the off- season, and would not be used as habitable space. This was a condition for obtaining the minor variance from Norfolk County. StoneCrest Engineering worked with staff to ensure proper flood-proofing of the building and Mr. Van den Huevel explained that the various definitions of usable floor space and the combining of the residential accessory structure with the boathouse has led to an inflated valuation of the usable floor space. Page 114 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - Mr. Girard summed up with a review of the minor variance process with Norfolk County, which was approved, and repeated that there is no intention of converting the storage area to habitable space. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. A-34/23 Moved by P. Ypma Seconded by R. Weisler THAT the LPRCA Hearing Board does now enter into a closed session to discuss:  Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority. Carried The LPRCA Hearing Board reconvened in open session at 7:50 p.m. S. Patterson did not return to the meeting. The Chair advised Darlene Vandepoele that the permit has been approved. A-35/23 Moved by T. Masschaele Seconded by R. Weisler That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. Carried 5. Minutes of the Previous Meeting a) Board of Directors Annual General Meeting of March 3, 2023 There were no questions or comments. A-36/23 Moved by D. Brunton Seconded by S. Bentley Page 115 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 - THAT the minutes of the LPRCA Annual General Meeting held March 3, 2023 be adopted as circulated. Carried 6. Business Arising No business arising from the previous minutes. 7. Review of Committee Minutes There were no Committee Minutes presented. 8. Correspondence There was no correspondence presented for review. 9. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 20 applications were approved in the past month. LPRCA-18/23, LPRCA-32/23, LPRCA-39/23, LPRCA-40/23, LPRCA- 41/23, LPRCA-42/23, LPRCA-43/23, LPRCA-44/23, LPRCA-45/23, LPRCA-46/23, LPRCA-48/23, LPRCA-49/23, LPRCA-50/23, LPRCA-51/23, LPRCA-52/23, LPRCA- 53/23, LPRCA-55/23, LPRCA-56/23, LPRCA-57/23, and LPRCA-59/23. All of the staff-approved applications met the requirements as set out in LPRCA’s policies for the administration of Section 28 of the Conservation Authorities Act. LPRCA-43/23 is located on Tisdale Side Road, not Tisdale Road Site Road as noted in the report. A-37-23 Moved by D. Brunton Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report, with amendment, dated April 5, 2023 as information. Carried Page 116 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 - 10. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. Progress report #4 was submitted to the Minister of Environment Conservation and Parks as required by the approved transition plan for LPRCA’s Inventory of Programs under O. Reg. 687/21. The Flood Forecasting and Warning Department issued a Flood warning April 3 and terminated it on April 5, 2023. Norfolk County was notified that they will be receiving a refund of $80,065 invoiced as special levy prior to LPRCA receiving notice that the Deer Creek Dam concrete repair project was approved for funding. Hiring for the campgrounds is currently underway. The Forestry Department will be receiving training on monitoring and trapping the Hemlock Woolly Adelgid (HWA) as part of a pilot research program. The HWA can kill hemlock trees and was recently discovered in Hamilton. A-38/23 Moved by D. Beres Seconded by S. Bentley That the LPRCA Board of Directors receives the General Manager’s Report for March 2023 as information. Carried b) Ecological Surveys for Selected LPRCA Properties LPRCA contracts a qualified ecologist to survey properties for species at risk and species of concern on an annual basis. Staff sent requests for quotes to three consultants, of which two responded that they were unable to provide a quote, and one quote was received. Nature Resource Solutions Inc. (NRSI) has completed the ecological surveys for LPRCA for the past three years. Staff has again retained the services of NRSI to complete the 2023 surveys at four LPRCA properties for a price of $24,300 plus HST. Page 117 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 - A-39/23 Moved by R. Weisler Seconded by S. Bentley THAT the LPRCA Board of Directors receives the report as information. Carried c) Tractor Tender The 2023 approved capital budget included the replacement of a small tractor. Tender packages were forwarded to nine vendors and four bids were received by the deadline. All bids met or exceeded the requirements specified. Staff recommended the tender be awarded to the lowest bidder. A-40/23 Moved by S. Bentley Seconded by M. Columbus THAT the LPRCA Board of Directors accepts the tender submitted by Farm Power Equipment for the purchase of one Diesel, Front Loader Tractor (2023 Mahindra 2638) for $35,983.52 (excluding HST). Carried e) Septic Disposal Services Request for Proposal A Request for Proposal (RFP) was issued for septic disposal services for the five campgrounds and three proposals were received by the deadline. For cost efficiency, staff recommended splitting the tender to the lowest bidder for each campground. A-41/23 Moved by T. Masschaele Seconded by C. Van Paassen THAT the 2023 contract for septic services at Backus CA and Deer Creek CA be awarded to Bayside Septic Services 2012 Inc., AND THAT the 2023 contract for septic services at Haldimand CA, Norfolk CA and Waterford North CA be awarded to Stealth Environmental Inc. Carried Page 118 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 7 - e) Riverine Flood Hydrology Study RFP – Consulting Services A new flood hydrology model is required to replace the current model that is now obsolete and no longer maintainable. An application for funding was submitted to the Flood Hazard Implementation and Mapping Program (FHIMP), and LPRCA was successful in their request for funding receiving approval for 50% of the total costs to a maximum of $120,000. The remaining 50% was included in the 2023 capital budget from the capital levy reserve. A Request for Proposal (RFP) was issued for a new hydrology model and nine proposals were received by the deadline. Six of the proposals met the RFP requirements and staff recommended the tender be awarded to Matrix Solutions Inc. Matrix’s proposal aligned with the project requirements and their approach will allow staff to use the model for multiple purposes, including enabling future hazard mapping, flood forecasting and warning, and emergency management. A-42/23 Moved by R. Weisler Seconded by D. Brunton THAT the LPRCA Board of Directors approve retaining Matrix Solutions Inc. for engineering services to complete a hydrology model for the LPRCA watershed at a cost of $92,506.00 exclusive of HST plus $1,624.00 per additional meeting, if required. Carried e) Ontario Wetland Evaluation System Recent changes were made to the Ontario Wetland Evaluation System (OWES) through Bill 23, the More Homes Built Faster Act , 2022, following public comment through the Environmental Registry of Ontario. OWES is used to determine wetland significance. Staff reviewed the following key changes and potential impacts on the wetlands. 1. Elimination of wetland complexing: potential to decrease significance of smaller adjacent wetlands causing potential negative impacts. 2. Review and approval of the evaluation by the Ministry of Natural Resources and Forestry is no longer required: potential of impacting a wetland’s significance without a second party review; potential disagreements regarding the area being designated as a wetland or not. Page 119 of 303 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 8 - A-43/23 Moved by P. Ypma Seconded by C. Van Paassen THAT the LPRCA Board of Directors receives the summary of changes to the Ontario Wetland Evaluation System as information. Carried e) 2023 Watershed Report Card As part of a collaborative effort with all 36 conservation authorities, various provincial and federal agencies, led by Conservation Ontario, the Watershed Report Cards (WRC) are a tool to report on the health of the watershed using standardized environmental indicators. The first Watershed Report Cards were issued in 2013 and are updated every five years. A standardized grading system (A to F) is used for the environmental indicators in LPRCA’s six sub-watersheds and were assigned based on standardized scientific data, collected by staff, through established monitoring programs. The third WRC was released by LPRCA in March of 2023 and can be found on the LPRCA website. A-44/23 Moved by R. Weisler Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Watershed Report Card report as information. Carried Adjournment The Chair adjourned the meeting at 8:30 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 120 of 303 Page 1 of 4 Subject:Updated Contract Regarding RFP 2022-001 Real Estate Services Report Number: EDM 23-08 Department: Economic Development Department Submitted by: Cephas Panschow, BA MAES Ec.D. Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT report EDM 23-08 Updated Contract Regarding RFP 2022-001 Real Estate Services be received as information; and, B. THAT, considering the delay in entering into a contract with Avison Young, the initial period be extended to December 31, 2024 with the option to be extended by two 1 year periods, subject to the Town entering into listing agreements for specific properties, both at the Town’s sole and absolute discretion; and, C. THAT the Development Commissioner be authorized to execute the agreement with Avison Young along with other agreements that may be required for specific properties. BACKGROUND Council adopted the following resolution at the July 11, 2022 Council meeting: THAT the RFP 2022-001 Real Estate Services contract be awarded to Avison Young for a period until December 31, 2023 with the option to extend the contract by two 1 year periods subject to the Town entering into listing agreements for specific properties at the Town’s sole and absolute discretion. A sample real estate services and commission contract was attached to the July 11, 2022 report; however, it was anticipated that additional information in terms of the process and payments would be inserted into the sample contract and then it would be completed. However, upon further review, it became apparent that the sample contract was not suitable for the proposed relationship. Hence, staff have been working with our own legal counsel as well as the Avison Young (AY) representatives and their legal counsel to prepare a mutually beneficial agreement that protects the interests of both parties. This has been a longer process due to the somewhat unique nature of the real estate services being requested by the Town. A new agreement template has now Page 121 of 303 EDM 22-08 Page 2 of 4 been prepared and the Development Commissioner is bringing it forward for Council approval. The main intent of listing real estate on the MLS service (realtor.ca) is to increase exposure for industrial lands; however, the RFP does allow for additional engagement of real estate broker services for either acquisitions or sales as desired by the Town. With the first phase of the Van Norman Innovation Park being sold out, this includes advice and potential listing of future phases of land in the Park. DISCUSSION The new Consulting and Real Estate Services Agreement contains a number of significant improvements from the original sample contract with key changes summarized as follows: Change Comment More comprehensive The sample contract was one page and did not provide suitable clarity and expectations regarding the relationship between the Town and AY. The new agreement includes a Statement of Work as well as protection for the Town and AY in terms of indemnification, insurance coverage, termination, etc Section 3 - Services Clearly lays out the services to be utilized, process, reporting, etc Section 5 – Disclosure of Information Confidentiality and (town) ownership of information produced Schedule B - Broker Opinion of Value Agreement To be entered into for each instance of an Opinion of Value being requested by the Town Schedule C – Exclusive Right to Sell Agreement Template to be used should the Town want to sell a property through an exclusive arrangement. Adjustments have been negotiated to the Town’s benefit. In addition to these changes, the Agreement also includes a provision (Clause 3.4) that provides for Avison Young to be granted the exclusive right to sell any property where it has provided other professional advice or services (i.e. a broker opinion of value services or consulting and advisory services). While this could be a concern, Avison Young has agreed that this only applies for properties worth in excess of Two Million Page 122 of 303 EDM 22-08 Page 3 of 4 Dollars ($2,000,000). This is a fairly high threshold considering that there have been to date, very limited Town transactions that have been valued this high. Certainly, with the appreciation of real estate, it is possible that more properties will be above this threshold in the future, but this provision will help ensure that staff are strategic in retaining AY to provide other services that could inadvertently limit the Town’s options when it chooses to sell certain properties. The other issue that has taken some time to resolve is the issue of “negligence” versus “gross negligence” specifically relating to potential liability for the Town and/or Avison Young as outlined in Section 9 of the Agreement. The Town’s solicitor has recommended that the word “gross” be eliminated in some situations due to the very high threshold imposed by the use of this word and this has been reflected in the final agreement as attached. To be clear, there are other instances where the word “gross” is still used within the agreement, but, based on this being a contract for consulting services, the risk is relatively low and the Development Commissioner is satisfied that the Town’s interest are protected particularly considering the original sample contract provided. With respect to the proposed Term of the agreement, it was initially proposed that it would run from July 2022 until December 31, 2023. However, based on the time it has taken to create a new agreement, the Development Commissioner is recommending that the first term extend to December 31, 2024 with the option to extend the contract by two 1 year periods in the Town’s sole and absolute discretion. In summary, Avison Young has provided some initial advice and input on a number of real estate matters to the benefit of the Town and the Development Commissioner believes that their advice will be key as the Town moves forward with a number of priority real estate projects. CONSULTATION The new real estate services agreement has been developed in extensive consultation with the Town’s solicitor and representatives from Avison Young as well as their legal representative. The original recommendation to consider listing Town owned properties, including key industrial lands, came from the private sector and Economic Development Advisory Committee. Page 123 of 303 EDM 22-08 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE The financial impact related to this report has not changed from what was proposed in July 2022 and would consist of up to a 5% commission to the Real Estate Brokerage upon the successful completion of a transaction. They would be paid $200/hour for strategy consultation and $1,500 per Opinion of Value on an “as-needed” basis. The consulting costs would be covered within the Economic Development & Marketing budget (Consulting) and Opinion of Value costs would also be covered by revenues obtained upon the sale of lands. 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 – Through community and regional partnerships, Tillsonburg will attract and retain a diverse range of businesses, creating employment opportunities for residents and a balanced tax base. Strategic Direction – N/A Priority Project – Ongoing Projects - Marketing and build out of Van Norman Innovation Park ATTACHMENTS Appendix A – Real Estate Consulting and Services Agreement Page 124 of 303 REAL ESTATE CONSULTING AND SERVICES AGREEMENT This Real Estate Consulting and Services Agreement (“Agreement”) is made on May 24, 2023 (“Effective Date”) between The Corporation of the Town of Tillsonburg, a municipal corporation incorporated pursuant to the laws of the Province of Ontario (hereinafter referred to as “Client”), having its principal office located at the Town of Tillsonburg, in the County of Oxford, and Avison Young Commercial Real Estate Services, LP, Brokerage, a Real Estate Services provider (hereinafter referred to as “Avison Young”), having an office located at 231 Shearson Cres, Suite 210, Cambridge, ON. WHEREAS Client issued a request for proposal on January 17, 2022, as RFP 2022-001, for real estate consulting services (the “RFP”); AND WHEREAS, Avison Young submitted a response to the RFP on February 7, 2022 in compliance with the Submission Requirements, which was approved by Council for The Corporation of the Town of Tillsonburg on July 11, 2022; AND WHEREAS, Client desires to engage Avison Young to perform the real estate consulting services set forth in each Statement of Work (“SOW”) which will be documented by a service agreement in the form attached hereto as Schedule “B” as may be issued under this Agreement, and to engage Avison Young to represent Client in trading real estate from time to time, which will be documented in accordance with Section 3.2 and Schedule “C” of this Agreement, as the case may require (collectively, the “Services”); and, AND WHEREAS, Avison Young is willing and able to perform the Services for Client on the terms and subject to the conditions set forth in this Agreement, NOW THEREFORE, and in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), Client and Avison Young (collectively the “Parties” and individually a “Party”) agree, in accordance with the terms and conditions and attachments to this agreement as follows: 1. APPOINTMENT 1.1 Client hereby agrees and appoints Avison Young as Client’s real estate services provider, as herein set forth, to perform the Services. 2. TERM 2.1 The term of this Agreement (the “Term”) shall commence upon the Effective Date and shall expire on December 31, 2024. The Term can be extended for two (2) additional one (1) year term by the Client in its sole and absolute discretion. There is no representation or warranty by the Client that it must, shall or will extend the Lease Term. 2.2 Client and Avison Young may at any time terminate this Agreement upon sixty (60) days prior written notice to the other Party for cause or convenience without further liability for the unperformed part of the SOW and all amounts owing up to and including the date of such termination will be forthwith paid by the Client to Avison Young, with an equitable adjustment based on the proportion of the performed part of the SOW at the time of any such termination; or upon thirty (30) days prior written notice upon the bankruptcy, insolvency, dissolution or Page 125 of 303 2 winding up of the other Party or if the other Party shall make an assignment for the benefit of its creditors or if it files for creditor protection. 3. SERVICES 3.1 Avison Young shall perform the Services in a skillful, competent, and professional manner. An SOW may be amended from time to time with the written agreement of both Parties. The Parties may enter into a new SOW by mutual written agreement, and all SOWs issued hereunder shall be governed by the terms of this Agreement. 3.2 If Avison Young is retained by Client to engage in a “trade” in “real estate” (as those terms are defined in the Real Estate and Business Brokers Act, 2002) on behalf of Client, the authority to act on behalf of Client shall be documented in writing by a seller representation agreement or a buyer representation agreement (as the case may require). If Client chooses, in its sole and unfettered discretion, that such trade shall involve listing on the Multiple Listing Service, then the parties agree to use the standard form seller representation agreement posted by the Ontario Real Estate Association (“OREA”) from time to time. In the event Client requires Avison Young to represent it in a purchase of any property, then the parties agree to use the standard buyer representation agreement as amended from time to time by OREA. If Client chooses, in its sole and unfettered discretion, that such trade shall be an exclusive listing, then the parties agree to adopt Avison Young’s template form attached hereto as Schedule “C”. Regardless of the form used, the parties agree that any remuneration payable to Avison Young in respect of the trade shall be at the applicable rate set out in Schedule “A”. 3.3 In the event Avison Young is retained by Client to engage in a broker opinion of value then such a Service will be documented through the Avison Young’s template agreement as attached herewith in Schedule “B”. 3.4 In the event Avison Young is retained by Client to engage in a broker opinion of value services, or any consulting and advisory services related to a specific property or location for the purpose of selling the property that is the subject of such consulting or advisory service, then Avison Young shall be granted the exclusive right to sell such real property, only in the event that Client decides to sell such property and the purchase price of the property is not less than Two Million Dollars ($2,000,000.00). 3.5 Avison Young will furnish, upon Client’s reasonable request, written reports of the Services performed under this Agreement, including recommendations and supporting data and analysis. 3.6 If a SOW is not completely fulfilled prior to the expiry of the Term of this Agreement, then such SOW, including the terms and conditions of this Agreement deemed incorporated into such SOW, will survive the expiry of the Term. For greater certainty, no new SOW under this Agreement may be entered into between the Parties hereto after the termination or expiry of the Term, unless agreed to in writing by both Parties. 3.7 Avison Young represents and warrants to Client that Avison Young has all requisite licences, permits, and other legal authority to carry on business in Ontario. Page 126 of 303 3 4. FEES AND PAYMENT 4.1 Client shall pay to Avison Young for performance of the Services, the fees, payments, expenses and other amounts as set forth in and determined in accordance with Schedule “A” and the applicable SOW. 4.2 Expenses which are reimbursable (as described in Schedule “A” attached hereto) in connection with the performance of the Services shall be noted in the SOW. Avison Young shall submit itemized invoices for Services provided and approved reimbursable out-of-pocket expenses incurred hereunder. 4.3 Client shall pay invoices, within thirty (30) days of receipt, except where noted otherwise in this Agreement, the applicable SOW, or the invoice. 5. DISCLOSURE OF INFORMATION 5.1 Avison Young acknowledges that certain Client-valuable, confidential and proprietary information may come into Avison Young’s possession. Accordingly, Avison Young agrees to hold all information it receives from Client in strict confidence and not to use such information for other than performance of the Services. The foregoing shall not apply to information that is generally available to the public, made available to Avison Young from a third party, was in the possession of Avison Young prior to receipt from Client, or is independently developed by Avison Young. 5.2 Any products, reports, analyses, or other deliverables developed by Avison Young under this Agreement or an SOW shall immediately vest in Client at the time that the time they are made. 6. INSURANCE 6.1 Client, at its expense, will obtain and keep in force necessary insurance coverage for its business operations. Client’s insurance policies shall be solely responsible for all matters related to client premises and Avison Young shall not be deemed an insurer of any Client premises. 6.2 Avison Young, at its expense, will obtain and keep in force necessary insurance coverage for its business operations, including: (a) Worker’s Compensation – statutory limits; (b) Employers’ Liability - $500,000; (c) Commercial General Liability-$1,000,000 per occurrence and $2,000,000 aggregate; (d) Umbrella/Excess - $2,000,000 per occurrence and $2,000,000 aggregate; and, (e) Any policy of insurance required under the Real Estate Business and Brokers Act, 2002, or any Regulation made thereunder in such amounts required thereunder. 7. NO THIRD-PARTY RIGHTS 7.1 This Agreement shall not create any rights or benefits to parties other than Avison Young and Client and its respective affiliates. No third party shall have the right to rely on Avison Young Page 127 of 303 4 opinions rendered in connection with the Services, and Client acknowledges and agrees that Client shall be solely responsible for its provision of Avison Young opinions to third-parties. 8. STATUS OF PARTIES 8.1 The Parties agree that this Agreement creates an independent contractor relationship, not an employment relationship. Avison Young acknowledges and agrees that the Client will not provide Avison Young with any employee benefits. In addition, the Parties acknowledge that neither Party has, or shall be deemed to have, the authority to bind the other Party. 9. INDEMNIFICATION & LIMITATION OF LIABILITY 9.1 Avison Young will indemnify and hold Client harmless from, and will defend Client and its servants, agents, and successors against, any and actual third-party loss, liability, damage, claims, demands or suits and related costs and expenses (each a “Claim”, collectively “Claims”) to the extent attributable to the errors, omissions, negligent acts, and willful misconduct of Avison Young, except to the extent such Claim is attributable to the gross negligence or willful misconduct of Client. 9.2 Client will indemnify and hold Avison Young harmless from, and will defend Avison Young against, any and all third-party Claims to the extent attributable to: (i) false information concerning the Services knowingly supplied by Client; (ii) Client’s failure to provide Avison Young with material information known to Client; and (iii) personal injury or property damage arising on or about any Client property, and in each case, except to the extent such Claim is attributable to the gross negligence or willful misconduct of Avison Young. 9.3 EXCEPT WITH RESPECT TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. EXCEPT WITH RESPECT TO GROSS NEGLIGENCE, WILFULL MISCONDUCT, EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR PAYABLE BY THE CLIENT TO AVISON YOUNG FOR SERVICES PERFORMED DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT. 10. NOTICES 10.1 Any notice or communication by either Party to the other shall be in writing and shall be deemed to have been duly given if delivered personally, or sent by facsimile transmission, electronic mail, overnight mail, or prepaid registered mail, addressed to the other Party at the appropriate address set forth below, or at such other address as such Party hereto may hereafter specify in writing to the other Party. Notice shall be effective when received by the addressee, except for facsimile and electronic mail transmissions, which shall be effective upon confirmed transmission. To Client: 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Town Clerk E-Mail: clerks@tillsonburg.ca Page 128 of 303 5 With a copy to: Duncan, Linton LLP 45 Erb Street East Waterloo, ON N2J 1L7 Attention: Adrian L. Rosu To Avison Young: Avison Young Commercial Real Estate Services, LP 77 City Centre Dr #301, Mississauga, ON L5B 1M5 Attention: Managing Director E-Mail: ted.davis@avisonyoung.com With a copy to: Avison Young 18 York St #400, Toronto, ON M5J 2T8 Attention: Legal Counsel 11. GENERAL 11.1 This Agreement constitutes the entire agreement between the Parties, and supersedes any prior or contemporaneous oral or written representations. No agent, employee, or representative of either Party has any authority to bind such Party to any affirmation, representation or warranty; and unless such is specifically included within this written Agreement, it shall not be enforceable by the other Party hereto. No waiver, alteration, or modification of any of the provisions hereof shall be of any effect unless made in writing and signed by a duly authorized representative of the Parties hereto. 11.2 This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. The Parties hereby consent to the jurisdiction of the courts of the Province of Ontario for the purpose of any action or proceeding brought by either of them in connection with this Agreement. 11.3 In the event either party institutes legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover its reasonable solicitors’/attorneys’ fees and other costs so incurred from the non-prevailing party. 11.4 Neither Party hereto may assign this Agreement nor any of its rights or obligations hereunder without the prior written consent of the other which consent may not be unreasonably withheld. Subject to the above, this Agreement shall be binding upon the successors and assigns of the Parties hereto. 11.5 If any provision or term of this Agreement, is held to be invalid, illegal or unenforceable for any reason whatsoever, it shall be modified rather than varied, if possible, to give effect of the interests of the Parties to the extent possible, and if not modifiable, it shall be severed. In any event, of the remainder of this Agreement will not be affected and shall be deemed valid and enforceable to the extent that such result is equitable. Page 129 of 303 6 11.6 Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive. 11.7 This Agreement may be executed in counterparts, each of which constitutes an original instrument and all of which constitute one and the same instrument. The Parties may exchange facsimile or electronic counterpart signature pages of this Agreement, and such facsimile or electronic counterparts shall be considered an original counterpart. 11.8 The failure of either Party to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of such provision or of the right of such Party thereafter to enforce each and every provision. 11.9 The Parties acknowledge and agree that the recitals constitute part of this Agreement and are true in substance and fact. 11.10 The following Schedules are attached to and are hereby deemed to be incorporated into this Agreement by reference as though set forth in full: Schedule “A”: Services and Fees Schedule “B”: Broker Opinion of Value Agreement Template Schedule “C”: Exclusive Right to Sell Agreement In witness whereof, the Parties have executed this Agreement on the day and year first above written. CLIENT: AVISON YOUNG COMMERCIAL REAL ESTATE SERVICES LP: The Corporation of the Town of Tillsonburg Avison Young ____________________ By: ________________________________ By: ________________________________ Name: ________________________________ Name: ________________________________ Its: ________________________________ Its: Managing Director Date: ________________________________ Date: ________________________________ By: ________________________________ I have authority to bind the limited partnership. Name: ________________________________ Its: ________________________________ Date: ________________________________ We have the authority to bind The Corporation of the Town of Tillsonburg. Ted L Davis May 18, 2023 Page 130 of 303 Exclusive Right to Sell Page 1 SCHEDULE “A” SERVICES AND FEES A. SERVICES Avison Young has been selected by The Corporation of the Town of Tillsonburg to provide Real Estate Services, which include the following: • Acquisitions and dispositions of real property • Broker Opinions of Value for required properties • Consulting and Advisory Services B. COMPENSATION & PRICING Avison Young shall be compensated as follows in accordance with their proposal submitted to the Town subject to entering into a listing agreement and seller representation agreement or a buyer representation agreement (as the case may require). 1. Sale of Property, based on successful transaction including a co-operating Brokerage a. Listing Brokerage Fees (Avison Young) – 2.5% b. Co-operating Brokerage Fees – 2.5% c. Total Fees – 5% of final sale price 2. Sale of Property, based on a successful transaction with no co-operating Brokerage involved a. Total Fees to be paid to Avison Young – 4% of final sale price 3. Acquisitions (Buyer Representation) – Acquisitions by the Town that is not covered by the Seller – 2.5% 4. Broker Opinion of Value - $1,500 per Report 5. Consulting and Advisory Services - $200 per hour Reimbursable Expenses. Reimbursable expenses will be billed at actual cost, and will include the following expenses: overnight delivery, local and out-of-town travel, lodging, parking, and meals. Avison Young shall prepare a proposed reimbursable expense summary specific to project request, geographic location, project duration, and proposed staffing for review and approval prior to commencing any services in support of the request. Page 131 of 303 Exclusive Right to Sell Page 2 SCHEDULE “B” BROKER OPINION OF VALUE AGREEMENT TEMPLATE [Date] [Recipient Name] [Street Address] [City, ST ZIP Code] Re: Broker Opinion of Value Agreement – [PROPERTY ADDRESS OR CLIENT NAME] Dear [Recipient Name]: Thank you for the opportunity for [AY ENTITY] (“Avison Young”) to provide broker opinion of value services regarding the property located at [ADDRESS] (the “Property”). Please allow this letter to serve as the agreement (the “Agreement”) between ____________ (“Client”) and Avison Young for Broker Opinion of Value (“BOV”) services for the Property. The BOV will be used for internal decision-making purposes for _____________. Within ten (10) days of acceptance of this Agreement, Client shall deliver to Avison Young the following information (the “Initial Diligence”), plus any other reasonable information necessary to conduct the BOV:  [initial diligence list] Thereafter, Avison Young shall commence its work to provide the BOV. The scope of work shall include researching the market for applicable trends, market transactions and comparable properties. Avison Young will also provide the following:  Assessment/marketability of the underlying properties including desktop valuation/BPO and market comparable property sales.  Assessment of monetization plan and development approach  Recommendations to maximize asset pricing in short, intermediate (6 months), long term (>1 year) and to limit risks. Within ____ days after delivery of the Initial Diligence, Avison Young shall produce written draft reports for Client. Avison Young and Client shall review and address any questions or concerns prior to issuance of a final BOV. The cost of the BOV shall be $__________ which shall be due upon delivery of the draft report to Client. The foregoing fee is inclusive of customary fees and expenses. Should extraordinary items become necessary or requested, Avison Young and Client shall meet to discuss the cost of such amendments. The BOV intended user is the Client, its investors and affiliated entities, excluding all other entities or persons. The BOV consists market analysis, not an appraisal of true market value and was prepared by a Page 132 of 303 Exclusive Right to Sell Page 3 licensed real estate broker or associate broker, not a licensed appraiser. Client acknowledges that in making any decisions that rely upon this BOV, the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice shall not been incorporated. Further, Client agrees that in entering into this Agreement that it will not have any right or remedy rising out of any reliance, representation, warranty or other statement not expressly set out in this Agreement or other statements whatsoever, whether written or oral from or by Avison Young or any person acting on its behalf other than those expressly set out in this Agreement (or other related documents referred to herein). The BOV to be produced in accordance with this Agreement shall be based upon information obtained from Client and/or others and is for Client’s use. Avison Young will not verify the information and makes no guarantee, warranty or representation about it of the conclusions therefrom. In entering into this Agreement, Client acknowledges that a BOV represents an estimated transaction price for a property and is not the same as the opinion of value in an appraisal developed by a licensed appraiser under the uniform standards of professional appraisal practice. The BOV produced in accordance with this Agreement is not an appraisal of the market value of the property, and may not be used in lieu of an appraisal. If an appraisal is desired, the services of a licensed or certified appraiser shall be obtained. The BOV produced in accordance with this Agreement may not be used by any party as the primary basis to determine the value of a parcel of or interest in real property for a mortgage loan origination, including first and second mortgages, refinances, or equity lines of credit. Avison Young expressly disclaims any representation or warranty to the other party of any kind, express or implied, including, without limitation, any warranty of title, merchantability or fitness for a particular purpose. Avison Young agrees, for itself and all persons retained or employed by Avison Young in performing the BOV, to hold in confidence and not to use or disclose to others any confidential or proprietary information of Client heretofore or hereafter disclosed to Avison Young, which may become known to Avison Young in the performance of, or as a result of, its services. If the foregoing accurately sets forth this Agreement, kindly sign and return the enclosed copies of this letter. Sincerely, [name] [title] [entity] [SIGNATURE PAGE TO FOLLOW] Page 133 of 303 Exclusive Right to Sell Page 4 Acknowledged by: THE CORPORATION OF THE TOWN OF TILLSONBURG By: _______________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ By: _______________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ We have authority to bind The Corporation of the Town of Tillsonburg. AVISON YOUNG COMMERCIAL REAL ESTATE SERVICES LP By: _______________________________ Name: ____________________________ Title: Managing Director Date: _____________________________ I have authority to bind the limited partnership. Page 134 of 303 Exclusive Right to Sell Page 5 SCHEDULE “C” EXCLUSIVE RIGHT TO SELL AGREEMENT The Corporation of the Town of Tillsonburg (“Owner”) appoints Avison Young Commercial Real Estate Services, LP (“Avison Young") as its sole agent and grants to Avison Young the exclusive right to sell the real property described below. 1. PROPERTY: Located at _____________________ in the Town of Tillsonburg, County of Oxford, Province of Ontario, as more particularly described in the attached Exhibit “A” and by reference incorporated into this Agreement, including all buildings and any improvements and all fixtures and appurtenances (collectively the “Property”). 2. TERM: The term of this Agreement begins on ______ and will end at midnight on ___________ (“Term”). If during the Term an option or right of first refusal to purchase the Property or any interest in it is granted or negotiations involving the sale, transfer, conveyance, or lease of the Property have commenced and are continuing, then the Term of this Agreement will be automatically extended each day the Property is off the market during the Term, not to exceed 180 days. The Property will be considered off the market for any time period after a purchase and sale agreement, letter of intent, or other agreement is executed by Owner and a buyer or tenant before the transaction is completed by such agreement is terminated by the parties to such an agreement. In addition, if during the Term negotiations concerning a potential sale of the Property are commenced and those negotiations are continuing on the expiration of the Term, the Term will automatically extend with respect to that potential transaction for a period of time through the expiration of those negotiations or the consummation of the transaction. 3. SERVICES: Avison Young will enlist the best efforts of its firm to secure a satisfactory purchaser for the Property at an asking price of $_________ or on such other price and terms as may be acceptable to Owner, in its sole discretion. If Avison Young deems it to be in Owner’s best interest, Avison Young will solicit the cooperation of other licensed real estate brokers. Avison Young will negotiate the terms of any sale on behalf of Owner and in Owner’s interest. 4. AGENCY RELATIONSHIP DISCLOSURE: Unless modified in writing and signed by both Owner and Avison Young, by entering into this agreement an exclusive agency relationship exists between Owner as principal and Avison Young as agent. Avison Young reserves the right to substitute other qualified representatives as designated agent(s) upon written notice to Owner. 5. OWNER REFERRALS: Owner will refer to Avison Young all inquiries and offers received by Owner regarding the Property, and all negotiations will be conducted solely by Avison Young or under Avison Young’s direction, subject to Owner’s review and final approval. 6. ADVERTISING: Owner authorizes Avison Young to advertise and to place signage on the Property. Avison Young, at its expense will provide its standard signage. Any additional advertising and promotion will be done at Owner’s expense pursuant to a program and budget agreed upon by Owner; and all advertising will identify Avison Young as the exclusive agent of the Property. Owner consents to the collection, use, and disclosure of information concerning and photographs of the Property by Avison Young for the purpose of listing and marketing the Property. Owner represents that all advertising materials (including all photographs, renderings, images or other creative items) supplied to Avison Young are owned by Owner except as disclosed in writing to Avison Young. Owner is authorized to and grants to Avison Young a nonexclusive, irrevocable, royalty-free license to use such material for marketing purposes. 7. COMMISSION: If during the Term, Owner sells all or any interest in the Property through any means, Owner will pay to Avison Young a commission computed in accordance with the attached Commission Schedule. Page 135 of 303 Exclusive Right to Sell Page 6 The Owner hereby irrevocably directs its lawyers to pay all commission payable pursuant to this Agreement to Avison Young from the proceeds of the sale upon registration of the deed or other instrument of conveyance. In the event of a contract or agreement of sale, joint venture agreement, business opportunity, or other transaction not involving the delivery of a deed, commission will be paid upon the mutual execution of the agreement evidencing the transaction. Owner agrees that a commission is owed to Avison Young and agrees to pay Avison Young a commission if during the Term or any extension of it, (i) the Property or any interest in it, or portion of it, is sold, transferred or conveyed by or through the efforts of Avison Young, Owner, or any other third party; (ii) a purchaser is procured by or through Avison Young, Owner or any other third party who is ready, willing, and able to purchase the Property on the terms stated above or other terms acceptable to Owner; of (iii) any contract for sale, transfer or conveyance of the Property or any interest in the Property, including without limitation, the granting of an option or right of first refusal, is made directly or indirectly by Owner; or if this Agreement is terminated by Owner or the Property is withdrawn from sale without the written consent of Avison Young or the Property is made unmarketable by Owner’s voluntary act. Within 30 days after the end of the Term, Avison Young will provide to Owner a written list of prospective purchasers (the “List”) to whom the Property was submitted (whether by Avison Young, Owner, or any other third party) during the Term. If, during the Term or within 120 days of expiration or termination of the Term, a prospective purchaser, or any subsidiary, parent, affiliate, or other related party (collectively “Prospect”) appearing on the List either (i) enters into a purchase contract or option to purchase the Property or (ii) negotiations to purchase the Property either continue, commence, or resume within 180 days after the end of the Term, and the transaction closes, Avison Young has earned and Owner will pay a commission to Avison Young as provided above as if such transaction had closed during the Term. For purposes of this Agreement, the terms “sale,” “sell,” or “sold” refers to and includes any sale, transfer, or other disposition of the Property, or any interest in the Property, including by way of example but not of limitation, any sale, exchange, taking by eminent domain, transfer to a governmental body in lieu of condemnation, joint venture, or transfer of a direct or beneficial interest in a joint venture, partnership, trust, corporation, or other entity holding title to or controlling the Property. 8. OUTSIDE BROKERS: “Outside Broker” means any licensee other than Owner’s designated agent(s) representing a purchaser in a transaction for which a commission is payable under this Agreement. If Avison Young recognizes an Outside Broker, Avison Young will request that the Outside Broker agree to accept, as its compensation, 50% of the commission computed and payable in accordance with the attached Commission Schedule attached, and if the Outside Broker so agrees, Owner will pay Avison Young the commission computed and payable in accordance with the Commission Schedule from which Avison Young will pay such Outside Broker its agreed upon commission and retain the balance as Avison Young’s compensation. If the Outside Broker does not so agree, then negotiations will be suspended until such agreement is obtained or until Owner, Avison Young, and such Outside Broker agree on commission rate or amount. Avison Young will not be liable for any failure to obtain such agreement. 9. ALTERNATIVE TRANSACTION: If, during the term of this Agreement, a proposed sale for the Property evolves into any other transaction, including but not limited to, an exchange, option, right of first refusal, ground lease, lease, or build-to-suit transaction, then Avison Young will be deemed, without any further acts by Owner or Avison Young or an amendment to the Agreement, Owner’s sole and exclusive agent for such transaction and will be entitled to a commission on such transaction under the terms of this Agreement. The term “Owner” means “seller” or “landlord.” 10. PROPERTY INFORMATION: Owner represents that it has no knowledge of toxic, contaminated, or hazardous substances, or defective conditions, in, on, or about the Property except as Owner has informed Avison Young in writing. Owner authorizes Avison Young to transmit any such information to all Prospects. Page 136 of 303 Exclusive Right to Sell Page 7 11. OTHER CLIENTS: Owner acknowledges that Avison Young may represent the Owner and Prospects; and Owner consents to dual representation even when such representation could create dual agency with respect to a sale of the Property. 12. FAILURE TO PAY: If Owner fails to make any payments in accordance with this Agreement, Owner agrees that Avison Young will be entitled to recover all of its reasonable attorneys’ fees and other costs so incurred, including without limitation a collection agency or by instigating a legal action, up through and including any appeal. Any portion of a commission not paid to Avison Young when due will bear interest from the due date until paid at the interest rate of 18 percent per annum or the maximum non-usurious rate allowable by law. 13. AUTHORITY: Except as disclosed in any addendum to this agreement signed by both the Owner and Avison Young, Owner warrants and represents to Avison Young that: (a) Owner is the registered owner of the Property or has the legal authority to execute this Agreement on behalf of such owner; (b) no person or entity has the right to purchase or lease the Property or to acquire an interest in the Property by virtue of option or right of first refusal or right of first offer; (c) there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the Property; (d) the Property is not subject to the jurisdiction of any court in any bankruptcy, insolvency, conservatorship, probate proceeding, or mortgage foreclosure; and (e) neither Avison Young nor any salesperson affiliated with Avison Young has made any promise or representation to or agreement with Owner that is not contained in this Agreement that in any manner affect Owner’s or Avison Young’s rights and obligations under this Agreement. 14. PROFESSIONAL ADVICE: Owner agrees that in determining the financial soundness of any Prospect, Owner will rely solely upon Owner’s own investigation and evaluation, notwithstanding Avison Young’s assistance in gathering any financial information relating to such Prospect. Avison Young recommends that Owner obtain legal, tax or other professional advice relating to this Agreement, any proposed transaction and the condition of the Property, including, but not limited to, the Property’s improvements, equipment, soil, tenancies, title, environmental aspects and compliance with the Accessibility for Ontarians with Disabilities Act, 2005. Avison Young shall have no obligation to investigate any such matter unless expressly otherwise agreed to in writing by Owner and Avison Young. 15. NON-DISCRIMINATION: It is understood that it is illegal for either Owner or Avison Young to refuse to present, sell, or lease real property to any person because of race, color, religion, national origin, sex, marital status, age, physical or mental disability, ancestry, familial status or any other protected class. 16. INDEMNIFICATION: Owner shall indemnify, defend and hold Avison Young, its parent companies, affiliates, subsidiaries, and each of their respective officers, directors, members, managers, employees and brokers/agents harmless from and against any and all third-party actions, claims, damages, disputes, litigation, loss, judgments, liabilities, expenses, fines, contributions, charges, injuries, demands, and costs together with reasonable attorneys’ fees, arising out of or relating to: (i) damage or injury to person or property resulting from or occurring on or about the Property; (ii) false information concerning the Property supplied by Owner; and (iii) Owner’s failure to provide Avison Young with material information, including material Property defects. 17. LIMITATION ON LIABILITY: Except with respect to gross negligence, willful misconduct, or fraud, at no time will the total liability of Avison Young for any breach or any violation of this Agreement, or for any error or omission in the performance of the Services provided for herein, exceed the actual amount of commission paid or $1,000,000. In no event shall either party to this Agreement be liable to the other or to any other party for any punitive, exemplary, special, indirect, incidental or consequential damages (including but not limited to lost profits or lost business opportunities) arising out of or relating to this Agreement, regardless of the legal theory under which such damages are sought, and even if the party has been advised of the possibility of such damages or loss. Page 137 of 303 Exclusive Right to Sell Page 8 18. EVENT OF BANKRUPTCY: In the event that the Property comes under the jurisdiction of a bankruptcy court, Owner will immediately notify Avison Young of the same, and will promptly take all steps necessary to obtain court approval of Avison Young’s appointment, unless Avison Young elects to terminate this Agreement upon giving notice. In the event that the Property becomes the subject of foreclosure proceeding before the expiration of this Agreement, then this Agreement will be deemed suspended until such time as Owner may reacquire the Property within the Term. If this Agreement is suspended pursuant to this paragraph, Avison Young will be free to enter into a listing agreement with any receiver, the party initiating the foreclosure, the party purchasing the Property at a foreclosure sale, or any other person having an interest in the Property. 19. SURVIVAL: This Agreement is binding upon the Parties and their respective successors and assigns. The terms “Owner,” “Purchaser,” “Tenant,” and “Prospect” include their affiliates, subsidiaries, successors, assigns, and nominees. 20. PUBLICITY: Owner consents to Avison Young’s publicizing its role in any transaction entered into, subject to Owner’s reasonable editorial approval of such publicity. 21. COUNTERPARTS: This Agreement may be executed in counterparts, each of which constitutes an original instrument and all of which constitute one and the same instrument. The parties may exchange facsimile or electronic counterpart signature pages of this Agreement, and such facsimile or electronic counterparts shall be considered an original counterpart. 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Owner and Avison Young and supersedes all prior discussions. NO AMENDMENTS TO OR MODIFICATION OF THIS AGREEMENT NOR THE TERMINATION OF THIS AGREEMENT WILL BE VALID, BINDING, AND EFFECTIVE UNLESS MADE IN WRITING AND IN THE CASE OF AN AMENDMENT OR MODIFICATION, SIGNED BY BOTH OWNER AND AVISON YOUNG. Owner acknowledges receipt of a copy of this Agreement and the attached Commission Schedule. THE COMMISSION AND DURATION OF THE LISTING PERIOD HAVE BEEN DETERMINED AS A RESULT OF NEGOTIATION BETWEEN AVISON YOUNG AND OWNER. 23. REPRESENTATION AND WARRANTY REGARDING TERRORISM: Each party warrants and represents to the other party, that each party, and all persons and entities owning (directly or indirectly) an ownership interest in each party: (a) is not, and will not become, a person or entity with whom such party is restricted from doing business under the regulations of the made under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act which also regulates The Consolidated Canadian Autonomous Sanctions List , or other governmental action; and (b) is not knowingly engaged in, and shall not knowingly engage in, any dealings or transaction or be otherwise associated with such persons or entities described in provision (a) above. 24. GOVERNING LAW: This Agreement is executed and intended to be performed in the Province of Ontario, and the laws of Ontario shall govern its interpretation and effect. The parties agree that the Province of Ontario, and the city in which the Property is located, is the appropriate judicial forum for any litigation or other proceeding related to this Agreement. Page 138 of 303 Exclusive Right to Sell Page 9 25. PARTIAL INVALIDITY: In the event that any provision of this Agreement shall be held to be invalid or unenforceable, such ruling shall not affect the validity or enforceability of the remainder of the Agreement in any respect whatsoever. By signing below, Owner acknowledges that it has received, read and understands all pages of this Agreement and the attached Commissions Schedule. OWNER: BROKER: The Corporation of the Town of Tillsonburg Avison Young Commercial Real Estate Services, LP ________________________________ ________________________________ By: ________________________________ By: ________________________________ Name: ________________________________ Name: ________________________________ Its: ________________________________ Its: Managing Director Date: ________________________________ Date: ________________________________ By: ________________________________ I have authority to bind the limited partnership. Name: ________________________________ Its: ________________________________ Date: ________________________________ We have authority to bind The Corporation of the Town of Tillsonburg. Page 139 of 303 Exclusive Right to Sell – Commissions Schedule Page 10 COMMISSIONS SCHEDULE 1. SALE COMMISSION RATES: Avison Young will be paid commissions on sale transactions calculated by (a) multiplying each applicable portion of the Gross Sales Price by the following sale commission rates and (b) adding the products together: • Sale of Property, based on successful transaction including a co-operating Brokerage a. Listing Brokerage Fees (Avison Young) – 2.5% b. Co-operating Brokerage Fees – 2.5% c. Total Fees – 5% of final sale price • Sale of Property, based on a successful transaction with no co-operating Brokerage involved a. Total Fees to be paid to Avison Young – 4% of final sale price • Acquisitions (Buyer Representation) – Acquisitions by the Town that is not covered by the Seller – 2.5% 2. GROSS SALE PRICE: The commission shall be computed in accordance with the above rates based upon the gross sale price, which shall include any mortgages, loans or other obligations of Owner which may be assumed by Purchaser or which Purchaser takes title "subject to," and any purchase money loans or mortgages taken back by Owner. 3. PURCHASE OPTION: If Owner grants a purchase option, Avison Young will be paid a commission at the above rate on the option price as and when amounts are payable for the option (and for extensions thereof). Upon closing of the sale of the Property to the Optionee, whether pursuant to the terms of said option or otherwise, Avison Young will be paid a commission at the above rate on the total sale price (excluding any amount paid for the option and applied to the sales price). 4. TIME OF PAYMENT: The commission will be paid in full at the time of the closing or transfer of title to the Property. In the event of sale of the Property or an installment purchase contract, the entire sales commission are due Avison Young at the execution of the installment sale contract. 5. RECOVERY WHERE DEFAULT: In the event of any non-completion of an accepted agreement, as a result of the default by a party other than the Owner, any commission payable by the Owner to Avison Young shall be pro- rated to the amount actually recovered by the Owner, net of the Owner’s costs to recover same, at the time of recovery, if any. In the event of any non-completion of an accepted agreement, as a result of the default by the Owner, any commission payable by the Owner to Avison Young shall be paid in full as per the terms of this Agreement. Page 140 of 303 Exclusive Right to Sell – Property Description Page 11 Exhibit A Property Description Page 141 of 303 Page 1 of 5 Subject: Property Standards By-Law Review Report Number: OPD 23- 21 Department: Operations and Development Department Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT report titled OPD 23-21 Property Standards By-Law Review be received as information; and B. THAT a by-law to repeal and replace the Property Standards by-law 3638 for prescribing standards for maintenance and occupancy of property be presented to Council for consideration as attached to report OPD 23-21. BACKGROUND The Town of Tillsonburg’s current Property Standards By-Law 3638 regulates prescribing standards for maintenance and occupancy of property within Town limits and was last reviewed and adopted by Council in July of 2017. The 2021 Town of Tillsonburg Community Strategic Plan identified the need for a review of property standards as a short term goal. As a result, staff conducted a comprehensive review and it was determined that the Property Standards By-Law be repealed and replaced with a new By-Law to simplify the administration process. DISCUSSION The current By-Law has performed well, however, there is a need for minor amendments to ensure the By-Law is current based on legislation, identified needs and emerging issues. The changes are also a result of staff/resident feedback that require additional detail for clarity and enforcement. Some of the changes include exterior lighting standards, increased standards for residential occupancy, increase standards for securing/ Page 142 of 303 OPD 23-21- Property Standards By-Law Review Page 2 of 5 maintaining vacant properties, and outlining officer’s authorities for reports & inspections. In addition, garbage receptacles, and storage of sea containers have been removed from the By-Law as they are encompassed in the new Lot Maintenance By- Law 2023-036 that was previously considered by Town Council. The following table provides a general overview and identifies the proposed Property Standards By-Law improvements and changes. Item Changes Definitions and Interpretation (Part 1)  Derelict  Domestic Waste & Industrial Waste  Property Standards Officer  Refuse  Rubble  Vacant Building General Standards (Part 2)  (Removed Old) Section 2.4 (1-4) Garbage Receptacles (Included in new Lot Maintenance By- Law.)  (Removed Old) Section 2.06 Unenclosed Porch - Balcony (Included in new Lot Maintenance By-Law)  (Add) Section 2.10 (5 & 6) standard for exterior lighting.  (Remove Old) Section 2.15 (f) Storage Containers stored on residential property. Included in new Lot Maintenance By-Law.  (Add) Section 2.7 (10) Lot grading must comply with the original subdivision design or as amended and approved by Engineering Services. Exterior of Buildings and Structures (Part 3)  (Add) Section 3.01 (3-4) on structural adequacy, officers ability to order engineers reports, repairs have been completed according to engineers requirements.  (Add) Section 3.6 (2) Canopies and awning material must be in good condition.  (Add) Section 3.09 (3) allows officer to obtain report from Wood Energy Technology Transfer (WETT) inspector for chimneys, smoke stacks, and flues. Interior of Buildings & Structures (Part 4)  (Add) Section 4.05 (1-3) Elevators – update emergency communications, legislation, and clean & free of defacement. Additional Requirements for Residential Occupancy (Part 5)  (Add) Section 5.01 (2) Occupancy Standards that no kitchen or furnace room shall be used as a bedroom.  (Add) Section 5.01 (5) Occupancy Standards for rooms or area used for sleeping purposes. Page 143 of 303 OPD 23-21- Property Standards By-Law Review Page 3 of 5  (Add) Section 5.03 Kitchen and Laundry standards for dwelling units. (appliance good working order, gas appliances connected properly, kitchens have sink/ stove/fridge/cupboards/countertop, laundry discharges to outdoors & free of hazards)  (Add) Section 5.04 Interior Doors, Countertops, Cupboards be maintained in Good Repair. Vacant – Damaged – Demolition (Part 6)  (Add) Section 6.02 (2) Vacant Properties (Increase standards for boarding for vacant properties to make more secure and visually appealing.  (Add) Section 6.02 (4) Vacant Properties (Owner shall post "No Trespassing" signs)  (Add) Section 6.02 (5) Vacant Properties (vacant building becomes derelict the shall bring the building into compliance with all structural and exterior maintenance provisions of the by-law or shall be demolished)  (Add) Section 6.03 (2) (3) (4) Damage By Fire- Storm - Other Causes (prevent remove unsafe condition & barricaded until repairs can be completed)(boarding standards)(repair damaged surfaces)(building/ structures beyond repair must be removed in level & graded condition)  (Add) Section 6.04 (5) Demolish Building (Prior to demolishing any building a permit must be obtained) Administration and Enforcement (Part 7)  (Revised) Section 7.03 (1 & 2) Property Standards Committee (changed from 3 to a minimum of 3 people on the Property Standards Committee)(term length extended to 4 year and shall coincide with the council term)  (Mirror Building Code) Inspection and Entry, Appeal Order, confirmation of Order, Duty of Committee, Appeal to Court, Judges Powers, Effect of Decision, Powers if not complied with, Warrantless Entry, No liability, and Lien. Offences (Part 9)  Changes fines to reflect the Building Code Act. Severability (Part 10)  Added/required for validity. Schedule A  (Remove) Schedule A - The fees have been approved in the Rates & Fees By-law (See Section 7.07) Page 144 of 303 OPD 23-21- Property Standards By-Law Review Page 4 of 5 CONSULTATION Copies of the by-law along with supporting material were made available for public consultation from April 6, 2023 to April 24, 2023 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 were received as a result of the public consultation. The items are summed up and listed below along with the communication provided from staff. 1. Question regarding inspection powers and powers of Town if order not complied with. Answer: Changes reflect the Ontario Building Code Act. 2. Questions regarding drainage, downspouts, numbering, building & zoning related matters. Answer: Staff added provision in by-law to clarify that lot grading must comply with the original subdivision design or as amended and approved by Engineering. Several other items were zoning related and noted for future Zoning By-Law housekeeping. In addition, a few inquiries were received related to the general interest and scope of the By-Law. The proposed By-Law was also circulated internally to Building, By-Law and Clerk Departments resulting in some minor formatting and administrative amendments. FINANCIAL IMPACT/FUNDING SOURCE No financial implications were identified. 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 Page 145 of 303 OPD 23-21- Property Standards By-Law Review Page 5 of 5 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 – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – N/A Priority Project – Short Term – Property Standards Review and Enforcement Plan ATTACHMENTS: - Public Engagement Notice - By-law Fact Sheet - Proposed Property Standard By-Law Page 146 of 303 April 6, 2023 NOTICE OF PUBLIC ENGAGEMENT April 6, 2023 to April 24, 2023 AMENDING PROPERTY STANDARDS BY-LAW 3638 (Town of Tillsonburg) The Town of Tillsonburg strives to ensure that the public is involved in all aspects of developing a safe, healthy and happy community. The Town’s current Property Standards By-law 3638 regulates maintenance and occupancy property standards within Town limits. It was last reviewed and adopted by Town of Tillsonburg Council on July 10, 2017. Minor amendments are now needed to ensure the By-Law is current with legislation, and addresses identified needs and emerging issues. The proposed changes include adding exterior lighting standards, increasing standards for residential occupancy as well as increasing standards for securing/maintaining vacant properties. The proposed by-law also outlines the by-law officer’s authorities for reports and inspections. Garbage receptacles and storage of sea containers have been removed from the by-law, as these issues are encompassed in the new Lot Maintenance By-law. The purpose of these amendments is to provide additional detail and clarity for enforcement, while educating the public and ensuring the maintenance standards for the Town are adequate. A copy of the revised Property Standards By-law along with supporting material is available for review between 8:00 a.m. and 4:30 p.m., Monday to Friday, at the Town of Tillsonburg Customer Service Centre (10 Lisgar Ave.) and online at www.tillsonburg.ca. Page 147 of 303 Page 2 of 2 If you have any questions or comments regarding the proposed changes, please call 519-688-3009 ext. 4604 or submit written inquiries/comments by email to mrussell@tillsonburg.ca on or before April 24, 2023. Mark Russell Building & By-law Enforcement Supervisor Building/By-Law Services Town of Tillsonburg Customer Service Centre 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Phone: 519-688-3009 x 4604 E-mail: mrussell@tillsonburg.ca www.tillsonburg.ca ATTACHMENTS - By-Law Fact Sheet - Property Standards By-Law Page 148 of 303 Property Standards By-Law Amendments – Fact Sheet Item Changes Definitions and Interpretation (Part 1)  Derelict  Domestic waste & Industrial Waste  Property Standards Officer  Refuse  Rubble  Vacant Building General Standards (Part 2) 1. (Removed Old) Section 2.4 (1-4) Garbage Receptacles (Included in new Lot Maintenance By- law.) 2. (Removed Old) Section 2.06 Unenclosed Porch - Balcony (Included in new Lot Maintenance By-law)  (Add) Section 2.10 (5 & 6) standard for exterior lighting.  (Remove Old) Section 2.15 (f) Storage Containers stored on residential property. Included in new Lot Maintenance By-law. Exterior of Buildings and Structures (Part 3)  (Add) Section 3.01 (3-5) on structural adequacy, officers ability to order engineers reports, repairs have been completed according to engineers requirements.  (Add) Section 3.6 (2) Canopies and awning material must be in good condition.  (Add) Section 3.09 (3) allows officer to obtain report from Wood Energy Technology Transfer (WETT) inspector for chimneys, smoke stacks, and flues. Interior of Buildings & Structures (Part 4)  (Add) Section 4.05 Elevators – update emergency communications, legislation, and clean & free of defacement. Page 149 of 303 Page 2 of 3 Additional Requirements for Residential Occupancy (Part 5)  (Add) Section 5.01 (2) Occupancy Standards that no kitchen or furnace room shall be used as a bedroom.  (Add) Section 5.01 (5) Occupancy Standards for rooms or area used for sleeping purposes.  (Add) Section 5.02 (5) Toilet and Bathroom Facilities require opening natural ventilation or a ventilation fan.  (Add) Section 5.03 Kitchen and Laundry standards for dwelling units. (appliance good working order, gas appliances connected properly, kitchens have sink/ stove/fridge/cupboards/countertop, laundry discharges to outdoors & free of hazards)  (Add) Section 5.04 Interior Doors, Countertops, Cupboards be maintained in Good Repair. Vacant – Damaged – Demolition (Part 6)  (Add) Section 6.02 (2) Vacant Properties (Increase standards for boarding for vacant properties to make more secure and visually appealing.  (Add) Section 6.02 (4) Vacant Properties (Owner shall post "No Trespassing" signs)  (Add) Section 6.02 (5) Vacant Properties (vacant building becomes derelict the shall bring the building into compliance with all structural and exteriorr maintenance provisions of the by-law or shall be demolished)  (Add) Section 6.03 (2) (3) (4) Damage By Fire- Storm- Other Causes (prevent remove unsafe condition & barricaded until repairs can be completed)(boarding standards)(repair damaged surfaces)(building/ structures beyond repair must be removed in level & graded condition)  (Add) Section 6.04 (5) Demolish Building (Prior to demolishing any building a permit must be obtained) Administration and Enforcement (Part 7)  (Revised) Section 7.03 (1 & 2) Property Standards Committee (changed from 3 to a minimum of 3 people on the Property Standards Committee)(term length extended to 4 year and shall coincide with the council term)  (Miror Building Code) Inspection and Entry, Appeal Order, confirmation of Order, Duty of Committee, Appeal to Court, Judges Powers, Effect of Decision, Page 150 of 303 Page 3 of 3 Powers if not complied with, Warrantless Entry, No liability, and Lien. Offences (Part 9)  Changes fines to reflect the Building Code Act. Severability (Part 10)  Added/required for validity. Schedule A  (Remove) Schedule A - The fees have been approved in the Rates & Fees By-law (See Section 7.07) For additional information or to submit comments, contact: Mark Russell Building & By-law Enforcement Supervisor Building/By-Law Services Town of Tillsonburg 10 Lisgar Ave Tillsonburg, ON N4G 5A5 phone: 519-688-3009 x 4604 email: mrussell@tillsonburg.ca www.tillsonburg.ca Page 151 of 303 1 | P a g e THE COPRPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2023______ A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG. WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions relating to property conditions; AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23; AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, C.23 shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SHORT TITLE: This by-law shall be referred to as the "Property Standards By- Law". PART 1 DEFINITIONS PART 2 GENERAL STANDARDS FOR ALL PROPERTY AND USES 2.01 SCOPE 2.02 YARDS 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE 2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS. 2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING 2.06 GROUND COVER- EROSION CONTROL 2.07 LOT GRADING-DRAINAGE-SUMP PUMPS 2.08 WALKWAYS AND DRIVEWAY 2.09 PARKING LOTS 2.10 EXTERIOR LIGHTING 2.11 RETAINING WALL Page 152 of 303 2 | P a g e 2.12 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 2.13 ACCESSORY BUILDINGS 2.14 FENCE 2.15 TOWER-GANTRIES-MASTS-ANTENNAE 2.16 SIGNS PARTS 3 EXTERIOR PROPERTY AREAS 3.01 STRUCTURAL ADEQUACY-CAPACITY 3.02 FOUNDATION WALLS-BASEMENTS 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY 3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS 3.05 WINDOW SCREENS 3.06 CANOPIES-MARQUESS-AWNINGS 3.07 ROOF 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 3.09 CHIMNEY FLUES 3.10 GARAGE-CARPORT PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 4.02 WALLS-CEILINGS 4.03 FLOORS 4.04 STAIRS- HANDRAILS-GUARDS 4.05 ELEVATORS 4.06 MEANS OF EGRESS 4.07 FIRE PROTECTION 4.08 SEPARATIONS 4.09 HEATING-AIR CONDITIONING 4.10 VENTILATION 4.11 ELECTRICAL 4.12 LIGHTING 4.13 PLUMBING 4.14 WATER SUPPLY 4.15 SEWAGE SYSTEM 4.16 VERMIN CONTROL PART 5 ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY Page 153 of 303 3 | P a g e 5.01 OCCUPANCY STANDARDS 5.02 TOILET AND BATHROOM FACILITIES 5.03 KITCHEN AND LAUNDRY 5.04 INTERIOR DOORS, COUNTERTOPS AND CUPBOARDS PART 6 VACANT-DAMAGED-DEMOLITION 6.01 VACANT LAND 6.02 VACANT PROPERTIES 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 6.04 DEMOLISH BUILDING PART 7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 7.02 MEASUREMENT 7.03 PROPERTY STANDARDS COMMITTEE 7.04 PROPERTY STANDARDS OFFICER – DUTIES 7.05 INSPECTION AND ENTRY 7.06 ORDER 7.07 SERVICE AND POSTING OF ORDER 7.08 REGISTRATION OF ORDER 7.09 RECOVERY OF COSTS RELATIVE TO ORDER 7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE 7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH 7.12 CERTIFICATE OF COMPLIANCE PART 8 EMERGENCY POWERS 8.01 EMERGENCY ORDERS 8.02 SERVICE 8.03 EMERGENCY POWERS 8.04 SERVICE OF STATEMENT 8.05 APPLICATION TO COURT 8.06 POWERS OF JUDGE 8.07 ORDER FINAL 8.08 MUNICIPAL LIEN Page 154 of 303 4 | P a g e PART 9 OFFENCES 9.01 FINES PART 10 SEVERABILITY 10.01 SEVERABILITY PART 11 REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE PART 1 DEFINITIONS 1.01 In this By-law: "Accessory"- when used to describe a use, building or structure means a use, a building or a structure that is customarily incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. "Act" -means an enactment or statute of the Province of Ontario. "Approved"- means acceptance by the Chief Building Official, Property Standards Officer or designate. "Basement" - means that portion of a building between two floor levels, which is partly underground and which has at least one-half its height from finished floor to the underside of the first floor joists above the average finished grade level adjacent to the exterior walls of the building. "Bathroom"- means a room containing a bathtub or shower, with or without a water closet and hand basin. "Boarder"- means a person who is provided with meals, or room and meals, regularly in a boarding, lodging or rooming house in return for compensation. "Building" - means any structure used or intended to be used for supporting or sheltering any use or occupancy. "Building Code" - means the Building Code Act and any regulations made under that Act. Page 155 of 303 5 | P a g e "Clerk"- means the person duly appointed as Clerk for The Corporation of the Town of Tillsonburg. "Chief Fire Official" - means the person duly appointed as Chief Fire Official for The Corporation of the Town of Tillsonburg. "Cellar"- means that portion of a building between two floor levels which is partly or wholly underground and which has more than one half of its height, from finished floor to finished ceiling, below adjacent finished grade. "Chief Building Official" - means the Chief Building Official appointed under Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement thereof. “Code" - means a regulation of the Province of Ontario known, a) with respect to matters relating to building, as the Building Code; b) with respect to matters relating to electricity, as the Electrical Safety Code; c) with respect to matters relating to fire, as the Fire Code; and d) with respect to matters relating to plumbing, as the Plumbing Code. "Committee" - means the Town of Tillsonburg Property Standards Committee established under this By-law. "Corporation" - means the Corporation of the Town of Tillsonburg. "Council” - means the Council of the Corporation of the Town of Tillsonburg. "County" - means the Corporation of the County of Oxford. "Derelict" means any building that is vacant and has experienced structural failure in whole or in part. "Domestic Waste"- means any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit that appears to be waste material and includes but is not limited to the following classes of waste material: (a) grass clippings, tree cuttings, brush, leaves and garden Refuse; (b) paper, cardboard, clothing; (c) all kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of food except any material of vegetable origin placed in a composting container; (d) cans, glass, plastic containers, dishes; (e) new or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure; (f) refrigerators, freezers, stoves or other appliances and indoor furniture; (g) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; Page 156 of 303 6 | P a g e (h) unlicensed motor vehicle , inoperative motor vehicle , vehicle motor parts and accessories, vehicle tires mounted or unmounted on rims, and mechanical equipment; (i) Rubble, inert fill, fencing materials; (j) commercial shopping carts; (k) anything that appears to be abandoned, worthless, worn out and of no practical value, unsightly or not properly stored inside a building. "Dwelling" - means a building or part thereof, used or designed to be used as a residence and containing one or more Dwelling Units. "Dwelling Unit" - means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate s single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway. "Exterior Property Area" - means the building lot excluding buildings. "Fence" - means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen. "Ground Cover" - means organic or non-organic material applied to prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. "Guard" - means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them. "Habitable Room" - means any room in a dwelling or dwelling unit used or intended to be used for living, eating, sleeping, or cooking and without limiting the foregoing shall include den, library, sunroom or recreational room or any combination thereof. “Industrial Waste”- means any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes but is not limited to the following classes of waste material: (a) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; (b) containers of any size, type or composition; (c) Rubble, inert fill; (d) mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment; Page 157 of 303 7 | P a g e (e) articles, things, matter, effluent which are derived from or are constituted from or consist of agricultural, animal, vegetable, paper, lumber or wood products, mineral, metal or chemical products whether or not the products are manufactured or otherwise processed; (f) bones, feathers, hides; (g) paper or cardboard packaging or wrapping; (h) material resulting from, or as part of, construction or demolition projects; (i) unlicensed motor vehicle, inoperative motor vehicle, vehicle motor parts and accessories, vehicle tires mounted or unmounted on rims, and mechanical equipment. "Multiple Unit Dwelling"- means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple attached dwelling includes a triplex, a four plex, a six plex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. "Municipality"- means the Corporation of the Town of Tillsonburg. "Non-Habitable Room" - means any room or space in a dwelling unit, other than a Habitable Room and includes a washroom, bathroom, Toilet Room, laundry, pantry, lobby, corridor, stairway, closet, Cellar, boiler room, garage, or space for service and maintenance of any building for public use and for access to and vertical travel between storeys. "Non-Residential Property" - means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, Fences or erections thereon or therein. "Occupant" - means any person or persons over the age of (eighteen) 18 years in possession of the property. "Officer" - means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this by-law including but not limited to a Building Inspector and a Chief Building Official. "Owner" - includes the owner in trust, a mortgagee in possession, the Person for the time being, managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account, or as agent or trustee of any other Person, or who would receive the rent if the land and premises were let, and shall also include a lessee or Occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the Standards for the maintenance and occupancy of property. Page 158 of 303 8 | P a g e "Person" - means and includes any person, firm, partnership, corporation, company, association, or organization of any kind. "Property" - means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, Fences and erections thereon whether heretofore or hereafter erected and includes vacant property. “Property Standards Officer” shall have the same meaning as “Officer” in this by-law. "Public Health Inspector" - means the Public Health Inspector for the County of Oxford. “Refuse” - means any article, thing, matter, substance or effluent that: has been cast aside, discharged or abandoned or; is discarded from its usual and intended use or; is used up, in whole or in part, or expended or worn out in whole or in part; and shall include but not limited to Domestic Waste and Industrial Waste; and that Domestic Waste and/or Industrial Waste does not cease to be Refuse by reason that it may be commercially saleable or recyclable. "Repair" - includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the Standards established in this By-law. "Residential Property" - means any property that is used or is capable of being used as a dwelling or multiple thereof and includes any land or buildings that are appurtenant to such establishment including but not necessarily limited to all steps, walks, driveways, parking spaces, Fences and yards. "Retaining Wall" - means a structure that holds back soil or other loose material to prevent it assuming the natural angle of repose at locations where an abrupt change in ground elevation occurs. “Rubble” - means broken concrete, bricks, broken asphalt, patio or sidewalk slabs "Safe Condition"- means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any Person on or about the property, and includes a structurally sound condition. "Sanitary Sewage" - means liquid or water borne waste; a) of industrial or commercial origin, or b) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste. "Sanitary Sewer- means a sewer for the collection and transmission of Sanitary Sewage and Domestic Waste, Industrial Wastes and to which storm, surface and ground waters are not intentionally admitted. Page 159 of 303 9 | P a g e "Sewage" - shall include drainage, storm water, Refuse, Domestic Waste, Industrial Wastes and Sanitary Sewage. "Sewage System" - means the Town of Tillsonburg/County of Oxford system of storm sewers, sanitary sewers and combined sewers. Also a private Sewage disposal system approved by the County of Oxford Board of Health. "Sign" - means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. "Standards" - means the standards of physical condition and of occupancy prescribed for property by this by-law. "Storm Sewer" - means a sewer, which carries storm water and surface water, street wash and other wash water or drainage, but excludes Sanitary Sewage. "Toilet Room"- means a room containing a water closet and/or a washbasin. "Town" - means the Corporation of the Town of Tillsonburg. "Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. "Vacant Building” – means a building that is unoccupied, displays some visible signs of deterioration, is or should be boarded up and does not include agricultural building or a building already approved for demolition. "Vermin” - shall include rats, mice, and all other such obnoxious animals. "Visual Barrier" - shall mean a continuous, uninterrupted structure, which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material. Yard" means the land within the boundary lines of the lot and not occupied by the principal building. PART 2 GENERAL STANDARDS 2.01 SCOPE 1. No Person, being the Owner or Occupant of a Property, shall fail to maintain the Property in conformity with the Standards required in this By-law. Page 160 of 303 10 | P a g e 2. The Owner of any Property which does not conform to the Standards in this By-law shall Repair and maintain the Property to conform to the Standards or shall clear the Property of all buildings, structures, Refuse, Rubble waste or accumulations of such materials that prevent access to or exit from the Property in the case of emergency, or other safety or health hazard and shall leave the Property in a graded and leveled condition. 3. All Repairs and maintenance of Property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. 4. All new construction or extensive repairs shall conform to the Ontario Building Code, where applicable. 5. This by-law does not apply so as to prevent a farm, meeting the definition of "agricultural operation" under the Farming and Food Production Protection Act, 1998, R.S.O. 1998, c. 1, from carrying out a normal farm practice as provided for and defined under that Act. 2.02 YARDS 1. Shall be kept clean and free of Rubble, Refuse, debris and objects or conditions that might create fire, accident or health hazards. 2. Every Property shall be kept free from Rubble, Refuse, Industrial Waste, Domestic Waste or accumulations of such materials that prevent access to or exit from the Property. 3. Without restricting the generality of this Section, such maintenance includes the removal of: a) Rubble, Industrial Waste, Domestic Waste, and Refuse ; b) injurious insects, termites, rodents, vermin and other pests; and any condition, which may promote an infestation. c) wrecked, dismantled, inoperative, discarded or unlicensed Vehicles, trailers, machinery or parts thereof, except in an establishment licensed or authorized to conduct a salvage, wrecking or repair business and then only if such establishment conforms with any relevant By-laws or statutes; and d) Derelict or collapsed buildings, structures or erections, and the filling in or protecting of any unprotected well. 4. The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the Property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unconstructive. Page 161 of 303 11 | P a g e 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE No machinery or parts thereof, or other object, or material not associated with the normal occupancy and use of a Property, including among other things, appliances, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry material or glass, other than that intended for immediate use on the Property, shall be stored or allowed to remain in an exterior property area. 2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS Garbage chutes, disposal and collection rooms, containers and receptacles shall be maintained good repair kept clean and free of offensive odours. 2.05 GRASS-TREES- BUSHES-HEDGES-GROUND COVER-LANDSCAPING Ground cover, hedges, trees, landscaping and grass, and site facilities required as a condition of site development or redevelopment shall be maintained in living condition and in a good state of repair. 2.06 GROUND COVER- EROSION CONTROL Suitable Ground Cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. 2.07 LOT GRADING-DRAINAGE-SUMP PUMPS 1. All Yards shall be provided and maintained with adequate surface water drainage, without causing erosion, so as to prevent the entrance of water into a Basement or crawlspace. 2. Downpipes, sump pump, discharge lines and grading shall be designed, provided and maintained so as to discharge water runoff away from the building and to prevent flooding, erosion and other nuisance to neighbouring properties. 3. Storm water run-off from any downspout or any surface shall not be drained onto neighbouring properties, unless designed. 4. Every Property shall be graded and maintained to prevent ponding or the entry of storm water into a Basement or Cellar. 5. Natural drainage, drainage swales, ditches or watercourses shall be maintained to facilitate the natural flow of water and prevent ponding. 6. No Person shall connect or permit any connection of any weeping tile, foundation drain, roof drain, or land drain into any sanitary sewer, or combined sewer, and no Person shall discharge, or permit to be discharged Page 162 of 303 12 | P a g e into any such sanitary sewer, or combined sewer, any foundation, roof or surface water or drainage. 7. No storm water or roof water shall be discharged onto a sidewalk, walkway, steps, porch or other pedestrian access to a Property which may be hazardous or create a risk of accident. 8. No fill shall be allowed to remain in an unleveled state on any Property for longer than fourteen (14) days, unless the Property is a construction site for which an active building permit is in effect or planning agreement is passed. 9. No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any Property for longer than thirty (30) days unless the Property is: a) a construction site for which a building permit is in effect; b) a Property being subdivided under subdivision agreement with the Town of Tillsonburg; c) Property being actively farmed. 10. Lot grading must comply with the original subdivision design or as amended and approved by the Engineering Department. 2.08 WALKWAYS AND DRIVEWAY 1. There shall be a walk leading from the principal entrance of every building to the street. Such walks may lead to a driveway or hard surfaced area provided such area leads to a street. The surfaces of steps, walks, driveways, parking spaces and similar areas of the Yard shall be maintained so as to afford safe passage under normal use. 2.09 PARKING LOTS 1. Parking lots, driveways and other similar public access areas of a Yard shall be maintained so as to afford safe passage under normal use. 2. Parking lots, driveways and other similar public access areas of a Yard shall be kept clean and free of litter, rubbish, waste, salvage, Refuse, debris and objects or conditions that might create a, fire, accident or health hazard. 2.10 EXTERIOR LIGHTING 1. Every stairway, exterior exit and entrance doorway, Cellar, Basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order. Page 163 of 303 13 | P a g e 2. All underground parking areas and common areas shall be illuminated so as to provide safe passage 3. Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in good repair. 4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from the adjacent lots. 5. The exterior lighting shall be placed and maintained, or have a barrier or shade placed and maintained so as to prevent or block direct illumination on an adjacent Property except for; a) Lighting used by the Town or Provincial or Federal government; and b) Lighting located on any Property owned by the Town or, Provincial or Federal government. 6. Where it appears that exterior lighting may effect adjacent properties the officer may order that the Owner provide a study or report to assess the impacts of the exterior lighting on neighbouring properties. 2.11 RETAINING WALL 1. All Retaining Walls, screen walls and ornamental walls shall be constructed of durable material and shall be maintained in a structurally sound condition. Such maintenance includes: a) redesigning, repairing or replacing of all deteriorated, damaged, misaligned; or b) missing portions of the wall and any railings or Guards appurtenant thereto; c) installing subsoil drains where required to maintain the stability of the wall; d) grouting masonry cracks; and/or e) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather resistant material. 2.12 WELLS-CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 1. Every Property shall be kept free of all unused excavations, empty in-ground pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any Property, and may Page 164 of 303 14 | P a g e constitute a health or safety hazard or exceed a depth of 60 cm (24 inches), a Fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.22 metres (4 feet) above the grade level at the perimeter of each of them. As per the requirement of the Fence by-law. 2.13 ACCESSORY BUILDINGS 1. The foundations, walls, roofs and all parts of accessory buildings and other structures shall be: a) constructed with suitable materials; b) maintained in good repair; c) protected from deterioration by the application of paint or other suitable protective material; d) capable of sustaining the loads that may be applied thereto as a result of use in accordance with the requirements of the Ontario Building Code. e) maintained in a structurally sound condition, free from health, fire and safety hazards. f) kept free of rodents, vermin, and injurious insects 2. Storage sheds and other accessory buildings shall be securely anchored to the ground. 2.14 FENCE 1. A Fence erected on a Property shall be maintained in a safe and structurally sound condition so as to be capable of sustaining safely its own weight together with any load to which it might reasonably be subject to: a) shall be free of dangerous objects; b) be reasonably plumb, unless specifically designed to be other than vertical. 2. The Owner of any Property used for Multiple-Dwelling, commercial, institutional, or industrial purposes shall maintain a Visual Barrier where such Property is used for the parking, access, and exiting of Vehicles by tenants, employees, or customers or when used for the operation of equipment or when used for the storage of goods, or when used for any other purpose which may detract from the quiet enjoyment and good appearance of an abutting Residential Property. 2.15 TOWER-GANTRIES-MASTS-ANTENNAE 1. Towers, gantries, masts, antennae and structures of similar character and any attachment thereto shall be maintained: Page 165 of 303 15 | P a g e a) reasonably plumb, unless specifically designed to be other than vertical; b) in good repair; and c) in a safe and structurally sound condition. 2.16 SIGNS 1. A sign and any structure connected therewith shall be installed and maintained: a) in good repair without any visible deterioration; b) in a safe and structurally sound condition; and c) in a reasonably vertical plane unless otherwise approved by the Town of Tillsonburg. 2. Any unused or discarded sign(s) shall be removed from the Property. PART 3 EXTERIOR OF BUILDINGS AND STRUCTURES 3.01 STRUCTURAL ADEQUACY-CAPACITY 1. All Repairs and maintenance of Property required by the Standards prescribed in this By-law shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose. 2. Every part of a Property shall be maintained in good repair and in a structurally sound condition so as: a) to be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected; b) to be capable of safely accommodating all normal structural movements without damage, decay or deterioration; c) to prevent the entry of moisture that would contribute to damage, decay or deterioration; and d) to be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. 3. Where it appears that the structural integrity or condition of a Building, structure, or part thereof may be adversely affected by damage or deterioration, the Officer may order that a structural engineering assessment and report be conducted and prepared by a professional engineer licensed in Ontario. The report shall include a) all deficiencies of structural concern; b) the contributory cause of the damage; Page 166 of 303 16 | P a g e c) the required Repairs and plan for remediation; d) the recommended timelines for Repair; and e) upon receipt of the report, it shall be produced to the Officer forwith. 4. Where Repairs are required, the Owner shall obtain a building permit and repair, or cause to be repaired, the Building, structure, or part thereof, in accordance with the Repair methods, and timelines described in the report. 3.02 FOUNDATION WALLS-BASEMENTS 1. All foundation walls and the basement, Cellar or crawl space floors shall be maintained in good repair and structurally sound. 2. Every basement, Cellar and crawl space in a Property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY 1. All exterior walls and surfaces of every building or structure shall be sound, plumb, and weather tight, free from loose or unsecured objects and maintained in good repair. 2. Exterior walls shall be in good repair free from cracked or broken masonry units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose stucco, lose or unsecured objects; 3. Shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weather tight finishing, or the installation of termite shields, if required. 4. All exterior surfaces that have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 5. Every part of a building including the exterior shall be maintained in a structurally sound condition and so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS 1. Windows, skylights, exterior doors and frames, Basement or Cellar hatchways, attic access doors including storm and screen doors and storm windows shall be maintained in good working order, good repair, in a Safe Condition and shall be of such construction so as to prevent the entrance of Page 167 of 303 17 | P a g e wind, snow or rain into the building and to minimize heat loss through infiltration. 2. At least one entrance door in every Dwelling Unit shall have hardware so as to be capable of being locked from inside and outside the Dwelling Unit. 3. All windows capable of being opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured from inside the building. 4. In every multi-residential Dwelling where a security locking and release system has been provided in the front or rear lobby for the entrance into the Multiple Dwelling and that system is controlled from each Dwelling Unit, such system shall be maintained in good repair and in operating condition. 5. Where a window is above the second storey and the window is lower than 1000mm (39") from the floor, the maximum the window can open is 100mm (4") and where a door or sliding door is not serving a balcony or landing, it shall be protected by a Guard conforming to the Ontario Building Code. 6. All windows capable of being opened shall be equipped with a screen to prevent the passage of insects and the screen shall be maintained in a good condition. 3.05 WINDOW SCREENS 1. When an exterior opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure, it shall be protected with: a) mesh screening, metal grills, or other equivalent durable rust proof material; or b) other protection so as to effectively prevent the entry of rodents, large insects or vermin. 3.06 CANOPIES-MARQUEES-AWNINGS 1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust. 2. All canopies, marquees and awning material must be in good condition, free of damage or fading. 3.07 ROOF 1. Every roof and all of its components shall be maintained in good repair and in a safe and structurally sound condition. Page 168 of 303 18 | P a g e 2. Without restricting the generality of this Section, such maintenance includes: a) removal of loose, unsecured or rusted objects or materials; b) removal of dangerous accumulations of snow or ice; c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water into the building; and d) Keep all roof-related structures plumb unless specifically designed to be other than vertical. 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior ducts shall be properly secured free from loose or unsecured objects, free from obstructions and health hazards, weather-tight, free of holes and maintained in good repair. 2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be kept free from rust by application of a suitable protective material such as paint, and shall be renewed when necessary. 3. Roof drainage shall be discharged onto the ground at least 1 metre (39 inches) from the building or structure, when it is physically possible to do so, providing that it does not adversely affect adjacent properties, or cause erosion. 3.09 CHIMNEY FLUES 1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be constructed, installed and maintained as per the applicable codes and or standards. 2. Any fuel burning heating equipment used in a building shall be properly vented to the exterior by means of an approved smoke pipe, vent pipe or chimney. 3. If an officer has reason to believe that a chimney, smoke stacks, flues, ducts and other similar equipment is damaged or not working properly the Officer may request a report from a Wood Energy Technology Transfer (WETT) certified inspector. 3.10 GARAGE-CARPORT 1. The construction between an attached or built-in garage or carport and a Dwelling Unit shall provide an effective barrier to gas and exhaust fumes. 2. Garages and carports shall be maintained in good repair and free from hazards. Page 169 of 303 19 | P a g e PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 1. In every building, all structural components including but not limited to all joists, beams, studding, and roof rafters, shall be of sound material and adequate for the load to which they are subjected. 2. The foundation walls and the basement, Cellar or crawl space floors shall be maintained in good repair and structurally sound. Every basement, Cellar and crawl space in a Property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 4.02 WALLS-CEILINGS 1. Every wall and ceiling shall be maintained in good repair, free of conditions, which may create a health, fire or safety hazard. 2. Where sound transmission ratings are required in accordance with the provisions of the Ontario Building Code, they shall be maintained in good repair. 3. Where non-combustible construction, fire separations, firewalls, fire resistance ratings and other fire protection measures are required in accordance with the provisions of the Ontario Building Code, or in accordance with the Ontario Fire Code, they shall be maintained in good repair. 4. In any bathroom the walls above a bathtub equipped with a shower or a shower stall shall be maintained as to be water resistant. 4.03 FLOORS 1. Every floor shall be smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards that may create an unsafe condition or surface. Such defective floors shall be repaired or replaced. 2. Where a floor covering has become worn or torn so that it retains dirt or may create an unsafe condition, the floor covering shall be repaired or replaced. 3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of water-resistant material and be capable of being cleaned. 4. Every Cellar and Basement shall have a floor of concrete or other material acceptable under the provisions of the Ontario Building Code, to ensure water drainage and to Guard against the entry of vermin. Page 170 of 303 20 | P a g e 4.04 STAIRS- HANDRAILS-GUARDS 1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony together with any Guard, balustrade, railing, screen or other appurtenance attached thereto shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of Section 4.04, such maintenance includes: a) Repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose, depressed, protruding or otherwise defective; b) Repairing, replacing or supporting structural members that are decayed, damaged, weakened, lose or missing; and c) Providing, repairing or replacing balustrades, Guards and railings. 3. A Guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of a vacant buildings are exempt from the provisions of 4.04 if section 6.03 has been complied with. 4.05 ELEVATORS 1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator buttons, floor indicators, emergency communication and ventilation fans shall be maintained in good repair and operational. 2. The walls, floors and ceilings of elevators shall be kept clean and free from dirt or defacements. 3. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and other elevating devices shall be installed and maintained in good working order, good repair; and in a Safe Condition in accordance with the requirements of the Technical Standards and Safety Act, 2000, as amended from time to time. Page 171 of 303 21 | P a g e 4.06 MEANS OF EGRESS 1. Every building, structure or Dwelling Unit shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level as per the Ontario Building Code and Ontario Fire Code. 2. Exterior stairs and fire escapes shall be maintained in a safe state of Repair and kept free of ice and snow. 3. A required means of egress shall not pass through an attached or built-in garage or an enclosed part of another Dwelling Unit. 4. In every multi-residential dwelling where a security locking-and-release system has been provided in the front or rear lobby for the entrance into the Multiple Dwelling and that system is controlled from each Dwelling Unit, such system shall be maintained in good repair and in an operating condition. 5. All means of egress within a Non-Residential Property shall be: a) maintained free from all obstructions or impediments; b) provided with clear, unobstructed and readily visible exit signs, for every required exit; and c) provided with lighting facilities capable of illuminating the means of egress to ensure the safe passage of persons exiting the building. 4.07 FIRE PROTECTION 1. Fire protection for all buildings shall be provided in conformity with the provisions of the Ontario Building Code and Ontario Fire Code. Without limiting the generality of the foregoing, fire protection shall include non- combustible construction, flame spread ratings, fire resistance ratings, fire protection ratings, permitted openings, firewalls, fire separations, fire dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke detectors, smoke alarms, and firefighting access to and within buildings. 2. All buildings of residential occupancy, smoke alarms shall be provided and installed by the Owner. Smoke alarms shall be installed on or at the ceiling level of each floor and on the ceiling in the Basement and in a location where the alarm is audible within the bedrooms when the doors are closed. 3. All fire protection construction, components thereof, appliances and equipment shall be maintained in good repair and in good operating condition Page 172 of 303 22 | P a g e 4.08 SEPARATIONS 1. Every Dwelling Unit shall be maintained and protected so as to prevent the passage of noxious fumes and gases from a part of the building that is not used for human habitation into other parts of the Dwelling Unit. 4.09 HEATING- AIR CONDITIONING 1. Every residential Dwelling shall have functional heating equipment to maintain a minimum temperature of 21°Celsius (70 °Fahrenheit). 2. The heating system and hot water system required and other mechanical systems shall be provided, maintained and operated: a) in accordance with the respective requirements of any applicable Code or By-law; and b) in good working condition and good repair and in a Safe Condition. 3. No residential Dwelling Unit shall be equipped with portable heating equipment as the primary source of heat. 4. Wood stoves within a Dwelling and any other Property shall be maintained in accordance to Canadian Standards Association's standard -B 365-M. 5. All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 6. All air conditioners and air conditioning systems shall be maintained in good repair, free of conditions which may constitute a health, fire or safety hazard. 4.10 VENTILATION 1. Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and maintained in all rooms and spaces within a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon monoxide, vapours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 2. Ventilation systems shall be cleaned regularly and installed, used and maintained: a) in conformance with the requirements of the Building and Fire Codes; b) in good working condition and good repair; and c) in a Safe Condition. 3. When an exterior opening is used or required for ventilation and is not required to be protected by a door, window or similar closure, it shall be protected with screens in accordance with this By-law. Page 173 of 303 23 | P a g e 4. An opening for natural ventilation may be omitted from a bathroom or Toilet Room where a system of mechanical ventilation has been provided. 5. Every basement, Cellar, unheated crawl space and attic shall be vented and such vents shall be designed and maintained to prevent entry of snow, rain, rodents and insects. 4.11 ELECTRICAL 1. Every Dwelling and Dwelling Unit shall be wired for electricity and shall be connected to an approved electrical supply system, an adequate supply of electrical power shall be available in all occupied parts of every dwelling, suite and building. 2. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers and other appurtenances thereto shall be installed and maintained in good working order, and in conformity with the regulations of electrical safety Authority designated under the Electricity Act. 3. Extension cords are not permitted on a permanent basis. 4.12 LIGHTING 1. Every stairway, exterior exit and entrance doorway, bathroom, Toilet Room, kitchen, hall, Cellar, basement, laundry, furnace room and Non-Habitable work room in a suite, Dwelling unit or building shall have a permanently installed lighting fixture that shall be maintained in a Safe Condition and in good working order. 2. All lighting, including exit lighting and emergency lighting shall conform to the provisions of the Ontario Building Code and shall be maintained in good working order. 3. Lighting shall be installed throughout every Property to provide adequate illumination for the use of each space so as to provide safe passage. 4.13 PLUMBING 1. All plumbing systems drain pipes, water pipes and plumbing fixtures in every building and every connecting line to the Sewage System shall be maintained in good working condition and free from leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. 2. Plumbing systems on a Property shall be provided, installed and maintained: Page 174 of 303 24 | P a g e a) in compliance with the respective requirements of any applicable Code, Act or By-law; b) in good working condition and good repair; and c) in a Safe Condition. 3. All plumbing fixtures shall be connected to discharge to the municipal sewer system or to an Approved private sanitary system through water sealed traps. 4.14 WATER SUPPLY 1. Every Property, the use or occupancy of which requires a water supply, shall be provided with an adequate supply of potable water from a public or private water supply, approved by the local authority designated under the Clean Water Act 2006, SO 2006 c22. 2. Where an approved public or community water supply is available, every Dwelling Unit shall be connected thereto. 3. Where a piped water supply is available, piping for hot and cold water shall be connected to every kitchen sink, lavatory, bathtub, shower, slop sink and laundry area and piping for cold water shall be run to every water closet and hose bib. 4. Every water heater installed for the purpose of supplying hot running water to the Occupants of a Property shall be capable of heating water to a minimum temperature of +49C (120 F). 5. Replacement hot water heaters shall have a thermostatic mixing value limiting water temperature to a maximum of +49C (120 F). As per the Ontario Building Code. 4.15 SEWAGE SYSTEM 1. Sanitary Sewage from any building shall be discharged into the municipal Sanitary Sewage System, or into a private Sewage System approved under Part 8 of the Ontario Building Code, and not otherwise. 2. The land in the vicinity of a private Sewage System shall be maintained in a condition that will not cause damage to, or impair the functioning of the Sewage System. 4.16 VERMIN CONTROL 1. Every Property shall be maintained so as to be free from Vermin and conditions that may promote an infestation at all times. Page 175 of 303 25 | P a g e 2. Openings in buildings, Cellars, soffits, facia, and crawl space shall be protected to prevent the entrance of wildlife, rodents, vermin, insects and pests. PART 5 ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 1. A Non-Habitable Room shall not be used as a Habitable Room. 2. No kitchen or furnace room shall be used as a bedroom. 3. Height and size of rooms or spaces for the purpose of calculation shall comply with the regulations of the Ontario Building Code. 4. No Basement or portion thereof shall be used as a Dwelling Unit, unless it meets the following requirements: a) access to each Habitable Room shall be gained without passage through a furnace room, boiler room or storage room; b) each Habitable Room shall comply with all the requirements for ingress, egress; c) light, ventilation and ceiling height set out in this By-law; and d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water. 5. No room or area shall be provided for sleeping purposes unless: (a) it has been constructed with a building permit and reviewed for sleeping purposes; and (b) is in conformance with the Ontario Building Code requirements for the construction of a bedroom. 5.02 TOILET AND BATHROOM FACILITIES 1. Every Dwelling Unit shall contain plumbing fixtures in good repair and in an operative condition, consisting of a minimum of one toilet, one sink, and one bathtub or shower. 2. All bathrooms and Toilet Rooms shall be located within and accessible from within the Dwelling Unit. 3. All bathrooms and Toilet Rooms shall be fully enclosed and maintained so as to provide privacy for the Occupant. Page 176 of 303 26 | P a g e 4. No toilet or urinal shall be located within a bedroom or a room that is used for the preparation, cooking, storing or consumption of food. 5.03 KITCHEN AND LAUNDRY 1. Every kitchen shall be provided with an approved, connected, and operating electrical or gas supply for cooking and refrigeration appliances. 2. Every kitchen appliance which is supplied, shall be maintained in good repair. 3. Every Dwelling Unit shall have a kitchen with a sink, stove, fridge, cupboards, and countertop. 4. Every laundry appliance which is supplied, shall be maintained in good repair, and serviced by an approved, connected, and operating electrical or gas supply. 5. Laundry drying equipment shall have a dedicated exhaust duct discharging directly to the outdoors. 6. Laundry drying equipment exhaust ducts shall be maintained free from obstructions. 5.04 INTERIOR DOORS, COUNTERTOPS, CUPBOARDS 1. Every interior door, closet door, cupboard door, countertop, cupboard, vanity, shelf, and their appurtenances shall be maintained in good repair. PART 6 VACANT- DAMAGED-DEMOLITION 6.01 VACANT LAND 1. Vacant land shall be maintained to the Standards as described in Part 2, of this By-law. 2. Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. 6.02 VACANT PROPERTIES 1. The Owner of any vacant buildings shall protect such building against the risk of fire, accident, damage or other danger thereto or to adjoining premises by effectively preventing the entry thereto by all unauthorized persons. 2. Where entry to a Building cannot be sufficiently prevented by the locking of doors, windows, and other openings, the entry shall be prevented as follows: Page 177 of 303 27 | P a g e a) All boarding must be minimum ½ inch exterior grade plywood (not particleboard, fiberboard, or other forms of board sheathing); b) Boarding must be cut to completely and securely fit within all exterior structural openings; c) All boarding shall be maintained in good repair; d) All boarding shall be installed from the exterior; e) All boarding shall be fastened using wood screws only. Screws must be countersunk and not less than 2 inches in length. Each screw shall be spaced not more than 4 inches on center around the entire perimeter of each plywood board; f) All boarding shall be fitted securely and in a watertight manner to fit within the side jambs, the head jamb, and the exterior bottom sill of the door or window opening so the exterior trim and cladding remains uncovered and undamaged by the boarding, and so as not to be easily detached by hand; g) All boarding used on windows and door openings shall be painted using exterior grade paint in a matt black; h) All other boarding shall be painted using exterior grade paint in a colour that blends with the exterior of the Building or structure; 3. If the aforementioned measures in 6.02.(2) prove insufficient to secure openings, additional augmentation measures shall be required, consisting of the installation of steel mesh enclosures or steel panels overall boarded ground floor openings. 4. Where a building remains vacant or unoccupied for a period of more than ninety days, the Owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other danger to the Property or adjoining premises. 5. The Owner of a Vacant Building shall post "No Trespassing" signs on all exterior points of access to the Property and signs shall comply with the Sign By-law. 6. If a Vacant Building becomes Derelict as defined in this by-law, the Owner or their agent shall bring the building into compliance with all structural and exterior maintenance provisions of this by-law or such building shall be demolished in accordance with the Building Code Act. 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 1. A building or portion thereof, damaged by fire or other causes, shall be restored to its original condition and repaired as may otherwise be required by this by-law or the building shall be demolished or the damaged portion removed. Page 178 of 303 28 | P a g e 2. Where a building is damaged by accident, storm, fire, neglect or other causes or intentional damage, immediate steps shall be taken to prevent a condition which might endanger persons on or near the Property and the building or structure shall be properly supported and barricaded until the necessary demolition or repairs can be carried out. 3. Where a building is damaged by accident, storm, fire, neglect or other causes or intentional damage, the Owner shall protect the building against further risk or further damage, accident or other danger, and shall secure each opening to the building to the Standards in 6.02.(2). 4. The exterior walls and other surfaces of the building shall have smoke damage or other defacement removed and surface refinished. 5. In the event the building, accessory building, Fence or structure is beyond Repair, the land shall be cleared of debris, and rubble and shall be left in a graded, level and Safe Condition without unreasonable delay. 6.04 DEMOLISH BUILDING 1. Where a building, accessory building, Fence or other structure is demolished, the Property shall be cleared of all rubbish, waste, debris, Refuse, Rubble, masonry, lumber and left in a graded and level condition. 2. Where a building, accessory building, Fence or other structure is being demolished, every precaution shall be taken to protect the adjoining Property and members of the public. The precautions to be taken include the erection of Fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining Property and members of the public. 3. Without restricting the generality of Section 6.04.(2) such repairs shall include: (a) Abating any unsafe condition; and (b) Refinishing so as to be in harmony with adjoining undamaged surfaces 4. The Owner of any building or part thereof being demolished shall leave any remaining wall or walls (including any former party wall or walls, whether separately or jointly owned) structurally sound, weather tight, in a Safe Condition and in conformity with the standards in the Ontario Building Code. 5. Prior to demolishing any building, a Demolition Permit must first be obtained from the building department. Page 179 of 303 29 | P a g e PART 7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 1. This By-law shall apply to all Property within the limits of the Town. 7.02 MEASUREMENT 1. The imperial measurements contained in this By-law are given for reference only. 7.03 PROPERTY STANDARDS COMMITTEE 1. A Property Standards Committee shall be established which shall be composed of a minimum of three (3) persons appointed from time to time by the council, each of who shall be resident ratepayers of the Town of Tillsonburg. 2. Each member of the Committee shall hold office for a term of four (4) years, and shall coincide with the council term. 3. When a vacancy occurs in the membership of the Committee, the council shall forthwith fill the vacancy. 4. The members of the Committee shall elect one of themselves as chairman, and when the chairman is absent, the Committee may appoint another member as acting chairman. Any member of the Committee may administer oaths. 5. The members of the Committee shall be paid such compensation as the council may provide, which shall be recorded by resolution of the council. 6. Secretarial services for the Committee shall be provided through the offices of the Town Clerk. 7. The secretary shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and sections 253 and 254 of the Municipal Act, 2001 applies with necessary modifications to such documents. 8. A majority of the Committee constitutes a quorum and the Committee may adopt its own rules of procedure but before hearing an appeal shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive such notice. Page 180 of 303 30 | P a g e 7.04 PROPERTY STANDARDS OFFICER- DUTIES 1. It shall be the duty of every Officer to administer and enforce the provisions of this by-law and in the performance of such duty, he/she shall have all the powers and responsibilities set forth in the Ontario Building Code Act and the Regulations made pursuant to the said Act. 7.05 INSPECTION AND ENTRY 1. Where a by-law under section 15.1 of the Building Code is in effect, an Officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine: (a) If the property conforms with the Standards prescribed in the by-law; or (b) if order made under subsection 15.2 (2) of Building Code has been complied with. 2. An Officer shall not enter or remain in any room or place actually being used as a dwelling unless; (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused, and entry made only under the authority of a warrant issued under the Building Code Act; (b) a warrant issued under the Ontario Building Code Act is obtained; (c) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; (d) the entry is necessary to terminate a danger under the Building Code for Emergency Orders; (e) the requirements of the Notice being served under the Building Code Act are met and the entry is necessary to remove a building, restore a site, remove an unsafe condition, Repair or demolish under the provisions of the Building Code Act. 7.06 ORDER 1. An officer who finds that a property does not conform to any of the Standards prescribed in this by-law may make an order, a) stating the municipal address or the legal description of such property; b) giving reasonable particulars of the Repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or Refuse and left in a graded and leveled condition; Page 181 of 303 31 | P a g e c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the Repair or clearance is not carried out within that time, the municipality may carry out the Repair or clearance at the Owner's expense; and d) indicating the final date for giving notice of appeal from the order. 7.07 SERVICE AND POSTING OF ORDER 1. The order shall be served on the Owner of the Property and such other Persons affected by it as the Officer determines and a copy of the order may be posted on the Property in a location visible to the public. 2. No Person shall obstruct the visibility of an order and no Person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, Officer or registered code agency. 3. The order shall sent by registered mail to the last know address or by sent by the last known e-mail address. 4. An order sent by registered mail is deemed served five (5) days after the registered mail has been sent. 5. An order sent by e-mail is deemed to have been served on the day sent unless sent after 5 pm in which case the service date will be the following day. 7.08 REGISTRATION OF ORDER 1. The order may be registered in the proper land registry office and, upon such registration, any Person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 7.07 and, when the requirements of the order have been satisfied, the Clerk of the Town shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 7.09 RECOVERY OF COSTS RELATIVE TO ORDER 1. Where an Owner or Occupant fails to comply with an order issued under this bylaw within the time stipulated in the order the Corporation costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Corporation by the Property Owner including disbursements as specified in the Rates & Fees By-law. Page 182 of 303 32 | P a g e 7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE 1. An Owner or Occupant who has been served with an order made under and who is not satisfied with the terms or conditions of the order may appeal to the Committee by sending a notice of appeal by registered mail to the secretary of the Committee within 14 days after being served with the Order. 2. An Owner or Occupant who appeals an order shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Towns Rates & Fees By- law. 3. The Secretary of the Committee shall, upon receipt of the notice of appeal, create a hearing date and shall provide notice of the hearing at least (14) fourteen days prior to the hearing date. 4. A Person who files an appeal and does attend the Property Standards Committee Appeal hearing the order will be confirmed. Confirmation of order 5. An order that is not appealed within the time referred to in 7.10 (1) shall be deemed to be confirmed. Duty of Committee 6. The Committee shall hear the appeal. Powers of committee 7. On an appeal, the Committee has all the powers and functions of the Officer who made the order and the Committee may do any of the following things if, in the Committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement: (a) Confirm, modify or rescind the order to demolish or Repair. (b) Extend the time for complying with the Order. Appeal to court 8. Any Owner or Occupant or Person affected by a decision under subsection 7.10 may appeal to the Superior Court of Justice by notifying the Clerk of the Town in writing and by applying to the court within (fourteen) 14 days after a copy of the decision is sent. The Owner or Occupant must pay the fee specified in the Rates & Fees By-law. Page 183 of 303 33 | P a g e Appointment 9. The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the persons upon whom the appointment is to be served. Judge’s powers 10. On the appeal, the judge has the same powers and functions as the Committee. Effect of decisions 11. An order that is deemed to be confirmed under or that is confirmed or modified by the Committee or a judge, shall be final and binding upon the Owner and Occupant who shall carry out the Repair or demolition within the time and in the manner specified in the order. 12. The Secretary of the Committee shall give a copy of its written decision to the appellant and the Officer who issued the order. 7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH 1. If an order is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the Committee or a judge, the Town may cause the Property to be repaired or demolished accordingly. Warrantless entry 2. For the purpose of subsection 7.11(1), employees or agents of the Town may enter the Property at any reasonable time without a warrant in order to repair or demolish the Property. No liability 3. Despite subsection 31 (2) of the Building Code Act, a municipal corporation or a person acting on its behalf is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers. Lien 4. The municipality shall have a lien on the land for the amount spent on the repair or demolition under 7.11(1) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001. Page 184 of 303 34 | P a g e 7.12 CERTIFICATE OF COMPLIANCE 1. Following the inspection of a Property, the Officer may, or on the request of the Owner shall, issue to the Owner a certificate of compliance if, in his opinion, the Property complies with the standards of this by-law. The fee payable for a certificate of compliance issued at the request of the Owner shall be as set out in the Rates & Fees By-law. PART 8 EMERGENCY POWERS 8.01 EMERGENCY ORDERS 1. If, upon inspection of a building, an Officer is satisfied that a building poses an immediate danger to the health or safety of any person, the Chief Building Official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.02 SERVICE 1. The order shall be served on the Owner of the Property and each Person apparently in possession of the building and such other Persons affected thereby as the Chief Building Official determines and a copy shall be posted on the building. 8.03 EMERGENCY POWERS 1. After making an order under section 8.01, the Chief Building Official may, either before or after the order is served, take any measures necessary to terminate the danger, and, for this purpose, the Chief Building Official, an Officer and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 2. The Officer, the municipality or anyone acting on behalf of the Municipality is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the Chief Building Official or an Officer in the reasonable exercise of his or her powers under section 8.03. 3. If the order was not served before measures were taken to terminate the danger, the Officer shall serve copies of the order in accordance with section 8.02 as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the Officer describing the measures taken by the Municipality and providing details of the amount expended in taking the measures. Page 185 of 303 35 | P a g e 8.04 SERVICE OF STATEMENT 1. If the order was served before the measures were taken, the officer shall serve a copy of the statement mentioned in section 8.02 in accordance with section 8.02 as soon as practicable after the measures have been taken. 8.05 APPLICATION TO COURT 1. As soon as practicable after the requirements of sections 8.02 and 8.04 have been complied with, the Chief Building Official shall apply to a judge of the Superior Court of Justice to confirm the order made under section 8.01 and the judge shall hold a hearing for that purpose. 8.06 POWERS OF JUDGE 1. The judge in disposing of an application under section 8.05 shall, a) confirm, modify or rescind the order; and b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all. 8.07 ORDER FINAL 1. The disposition under section 8.06 is final. 8.08 MUNICIPAL LIEN 1. The amount determined by the judge to be recoverable shall be a lien on the land and shall be deemed to be municipal real property taxes and may be added by the Clerk to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. PART 9 OFFENCES 9.01 FINES 1. Any Person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. 2. Every director of officer of a corporation who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine not more than $500,000 for a first offence and $1,500,000 for a subsequent offence. Page 186 of 303 36 | P a g e PART 10 SEVERABILITY 10.01 SEVERABILITY 1. In the event that any provision or part of this By-Law is found to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the By-Law and all other provisions or parts thereof shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law. PART 11 REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE 1. That By-law No. 2023- _______ take effect immediately and that By-law No. 3638 and all associated amendments, passed by the Council of the Town of Tillsonburg on the 13th day of August 2012 be hereby repealed. READ A FIRST TIME AND SECOND TIME THIS________DAY OF________2023 READ A THIRD AND FINAL TIME AND PASSED THIS ___DAY OF _________2023. _________________________ MAYOR – Deb Gilvesy __________________________ TOWN CLERK – Tanya Daniels Page 187 of 303 Page 1 of 4 Subject: 2023 Playground RFP - Northcrest Phase II and Elliot Fairbairn Report Number: RCP 23-25 Department: Recreation, Culture & Parks Department Submitted by: Julie Columbus, Director Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 Recommendation: A. THAT Council receive Staff Report RCP 23-25 2023 Playground RFP - Northcrest Phase II and Elliot Fairbairn, as information; and B. THAT Council awards both playground RFPs to Park n Water in the amount of $125,388.30 (non-recoverable HST included) for Northcrest Phase II, and $58,795.67 (non-recoverable HST included) for Elliot Fairbairn. Background: Northcrest Phase II is a new subdivision located north of North Street East. The subdivisions development is almost complete. As part of the site plan design the developer provided park space in the north west side of the subdivision and the town budgeted for a playground, landscaping and site amenities. The park is ready for the playground installation which will be well received by the new residents who have purchased homes in the neighbourhood. This playground will be used by many subdivisions in the immediate area. Elliot Fairbairn playground was installed prior to year 2003 and was transported from a different town location so its age is unknown, but at least 20+ years. Playground structures, if maintained properly, reach end of life at approximately 15 years, depending on variables such as ongoing maintenance, weather exposure and usage. In 2022, the Elliot Fairbairn playground had noted deficiencies during its final inspection. The swings were noted as unsafe and chain was replaced. The playground unit has passed its life expectancy. Concerns were raised around the safety of the entire play structure and swing set upon a site visit by the Parks Supervisor. This playground was noted for replacement in 2023 as part of the playground replacement Page 188 of 303 RCP 22-22 Page 2 of 4 program. Staff receive many inquiries about when the playground will be replaced, the new unit and swings will be a great addition to the south east area of town. DISCUSSION An RFP was created to obtain proposals and costing for replacement playground units, including supply, delivery and installation of a playground, as well as supply of engineered wood fiber chips for AODA compliant surfacing. A review committee was established to evaluate the submissions which included the Director of Finance, Manager of Parks and Facilities, and Supervisor of Parks. Northcrest Phase II Playground Budget: $130,000.00 The following seven (7) proposals were received exclusive of HST: COMPANY QUOTE EXCL. HST QUOTE INCL. NON-RECOVERABLE HST Park N Water $123,219.63 $125,388.30 New World $121,000.00 $123,129.60 Park n Play $127,481.72 $129,725.40 ABC Recreation $129,932.77 $132,219.59 PlayPower $129,572.00 $131,852.47 Henderson $129,985.00 $132,272.74 Open Space $130,000.00 $132,288.00 The Park n Water playground submission is suitable for 1.5 to 12 years old and includes: -three slide units including one Twisty Viper slide -five double-sided accessible, inclusion play panels -annex H accessible transfer platform -climbing net -monkey bars -five climbing access points including a rock climbing wall -two standalone units with different heights -two decorative shade tops -swing set with two toddler, two belt and one multi-generational -comet spinner -a serenity spot (children with special focus, to interact or find calm, intergenerational) -two interactive stand alone play stations Page 189 of 303 RCP 22-22 Page 3 of 4 -spring ride on unit for two children Elliot Fairbairn Playground Budget: $60,000.00 The following seven (7) proposals were received exclusive of HST: COMPANY QUOTE EXCL. HST QUOTE INCL. NON- RECOVERABLE HST Park N Water $57,778.76 $58,795.67 Park n Play $57,444.06 $58,455.08 New World $58,000.00 $59,020.80 PlayPower $59,091.00 $60,131.00 Open Space $59,980.00 $61,035.65 ABC Recreation $59,988.90 $61,044.70 Henderson $59,990.00 $61,045.82 The Park N Water playground submission is suitable for 1.5 to 12 years old and includes: -two slide units including one twist slide -two accessible, inclusion play panels -annex H accessible transfer platform -climbing options -megaphone/fun phone station -drive thru play station -swing set with one toddler, one belt and one multi-generational swing -balance beam -spring ride on unit The products used also address the 2023 Council Priorities to be more environmentally focused as Burke manufactures 25% to 100% of recycled materials for their equipment. Each playground will include supply and install of Engineered Wood Fibre chips to meet AODA regulations. The supply and delivery of the playgrounds will be 8 to 10 weeks once order is confirmed. CONSULTATION This report has been prepared in consultation with the RCP Director, Manager of Parks & Facilities, Supervisor of Parks and Director of Finance. Page 190 of 303 RCP 22-22 Page 4 of 4 FINANCIAL IMPACT/FUNDING SOURCE The 2023 approved Capital Budget contains funding for the playground replacement program, which includes Elliot Fairbairn with $60,000 being allocated to the project. Northcrest Phase II was a carry-forward Capital Budget project with an allocation of $130,000 for the playground component. Both proposals received are below 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 – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Target new programs, services, amenities and attractions that will be a magnet for young families. Priority Project – N/A ATTACHMENTS #1 - 3 - Playground Proposal – Northcrest Phase II #4 - 6 - Playground Proposal – Elliot Fairbairn Page 191 of 303 Page 192 of 303 Page 193 of 303 Page 194 of 303 Page 195 of 303 Page 196 of 303 Page 197 of 303 Page 1 of 5 Subject: Amendment to Policy 9-010: Sports Facilities Allocation Policy Report Number: RCP 23-24 Department: Recreation, Culture and Parks Department Submitted by: Andrea Greenway, Recreation Programs & Services Manager Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT Council receives report RCP-23-24, Amendment to Policy 9-010: Sports Facilities Allocation Policy; and B. THAT Council approves and adopts the revised Sports Facilities Allocation Policy for the Town of Tillsonburg as presented. BACKGROUND On April 27, 2020 Council passed the following resolution regarding the Sports Facilities Allocation Policy: THAT Council receives Report RCP 20-17 Sports Facilities Allocation Policy; AND THAT Council approves and adopts the Sports Facilities Allocation Policy for the Town of Tillsonburg. At the Recreation and Sports Advisory Committee on May 4, 2023 the Committee passed the following resolution: THAT the Recreation and Sports Advisory Committee receives report RCP-23- 01, Amendment to Policy 9-010: Sports Facilities Allocation Policy; AND THAT the Recreation and Sports Advisory Committee approves and adopts the revised Sports Facilities Allocation Policy for the Town of Tillsonburg as presented; Page 198 of 303 RCP 23-24 Choose an item. Click or tap here to enter text. Page 2 of 5 AND THAT the Recreation and Sports Advisory Committee recommendation be brought forward to Council for consideration. The Town’s current Sports Facilities Allocation Policy was adopted by Town of Tillsonburg Council and has been implemented in the Recreation, Culture and Parks Department. The current policy is effective and the amendments are administrative and operational in nature. The changes were reviewed and supported by the Recreation and Sports Advisory Committee and is being brought forward to Council for consideration. DISCUSSION The Sports Facilities Allocation Policy has been implemented by the Recreation, Culture and Parks department in order to ensure a fair and effective allocation of Recreation via indoor and outdoor sports facilities. The policy applies to facilities that user groups are required to book in advance such as arenas and ball diamonds but does not apply to public spaces that do not require facility bookings such as tennis courts or the outdoor pad. The purpose of the Sports Facilities Allocation Policy is to adhere to the following guiding principles:  Maximize utilization of sports facilities by participants, clubs, organizations and guests  Consider the needs of youth in the community  Have age appropriate times available to user groups  Strive to ensure fair access to fields and recreational amenities  Allow flexibility to meet the needs of sports associations and other users  Establish uniform criteria and procedures for the reservation and use of sports facilities  Facilitate scheduling that will support proper and sufficient maintenance and repair of sports facilities and ensuring long term quality of these  Permit the planning and implementation of special sport events and programs in which a large number of people are expected to participate  Ensure that the town’s sports facilities are used for the benefit of the entire community  Balance the needs of user groups, casual participants and the town  Promote and encourage participation in sports to the overall benefit of the community  Guide user groups through the process of booking sports facilities There are 2 recommended amendments to the policy: 1. Add that payments can be made online in both Schedule A and Schedule B of the policy Page 199 of 303 RCP 23-24 Choose an item. Click or tap here to enter text. Page 3 of 5 2. Change the cancellation notification period from 3 days to 7 days’ notice in Schedule A of the policy. The first recommended amendment, adding that payments can be made online, is an administrative update to reflect current practices since the implementation of a new recreation software program in 2021. The second amendment, changing the cancellation notice period to 7 days, is operational and takes into account several factors including increased revenue opportunities, increased opportunities to maximize the use of the facilities and best practices in neighbouring municipalities. Increased revenue opportunities In the 2022/2023 season 18% of ice bookings were cancelled. This represents a total of $84,696 in potential missed revenue opportunities. The total excludes any inclement weather cancellations which are beyond the control of user groups. While our software system cannot produce a report on how much cancelled ice time was booked by other user groups, with the short turnaround time we are often unable to fill the spots. Increased opportunities to maximize the use of facilities One of the guiding principles in the allocation process is to maximize utilization of sports facilities by participants, clubs, organizations and guests. With a 7-day notice period staff will have time to follow up with other user groups to see if they can use the cancelled ice time. A 7-day period would provide sufficient time for user groups to change their schedule and contact participants regarding the additional ice time. Current user groups receive priority as per the allocation policy and the 7-day turnaround would allow for time for the user groups to determine if they could utilize the ice time. If no user groups are able to use the ice time staff can then post the last minute ice availability for the general public to book. This can be posted through the booking software and social media to try and fill the timeslot. Best practices in neighbouring municipalities In reviewing cancellation notice periods in neighbouring municipalities, Tillsonburg has the most lenient cancellation notice period. The chart below presents the findings: Municipality Cancellation notice period Town of Tillsonburg 3 days Town of Ingersoll 7 days Township of Norwich 7 days City of Woodstock 30 days South Huron No cancellations Page 200 of 303 RCP 23-24 Choose an item. Click or tap here to enter text. Page 4 of 5 Norfolk County 3 days - in process of updating to 7 days City of London 14 days Thames Centre 3 days While cancellation notice periods vary, the minimum timeframe that neighbouring municipalities require is 7 days. A 3-day notice period is the lowest by comparison. Staff are recommending a 7-day cancellation period in order to bring Tillsonburg more in line with neighbouring municipalities and to operate more efficiently. Staff have also had discussions with the Manager, Facility Operations in Ingersoll and with the amalgamation of minor hockey associations Tillsonburg and Ingersoll would align with a 7-day notice period should this recommendation be approved which would provide consistency for user groups. On May 4th, a report was presented to the Sports and Recreation Committee who supported staff’s recommendation to move to a 7-day cancellation period. CONSULTATION Recreation and Sports Advisory Committee, Neighbouring municipalities, RCP Director, Programs and Facilities Registrar, Town of Ingersoll Manager, Facility Operations FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact related to this report, however should ice be re-booked more easily due to the change in the cancellation timeframe there would be a positive impact on revenue. The current 3-day cancellation notice has resulted in $84,696 of lost revenue from ice bookings that were cancelled within the 3-day notice period. 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. Page 201 of 303 RCP 23-24 Choose an item. Click or tap here to enter text. Page 5 of 5 Goal – Within the community, Tillsonburg will strive to offer residents the amenities, services and attractions they require to enjoy balanced lifestyles. Strategic Direction – Increase opportunities to enjoy culture, events and leisure activities in Tillsonburg. Priority Project – N/A ATTACHMENTS Appendix A - 9-010 Sports Facilities Allocation Policy Amendments - REDLINE Page 202 of 303 9-010 Page 1 of 14 RECREATION, CULTURE AND PARKS Policy 9-010: Sports Allocation Policy Approval Date: April 27, 2020 Approval Authority: Council Resolution Effective Date: April 27, 2020 Next Scheduled Review Year: Department: Recreation, Culture and Parks Last reviewed: Month, DD, YYYY Revision Date/s: Schedules: Schedule A: Arena Request Application Schedule B: Ball Diamond Request Application POLICY STATEMENT This policy is intended to establish guidelines for the fair and effective allocation of the Recreation, Culture and Parks indoor and outdoor sports facilities for the Town of Tillsonburg. The policy applies to facilities that user groups are required to book in advance such as arenas and ball diamonds but does not apply to public spaces that do not require facility bookings such as tennis courts or the outdoor pad. PURPOSE The purpose of this policy is to clearly define and communicate how indoor and outdoor sports facilities in the Town of Tillsonburg will be allocated and distributed in a consistent and equitable manner. The Town of Tillsonburg Recreation, Culture and Parks Department is committed to fair allocation of sports facilities and will adhere to the following guiding principles:  Maximize utilization of sports facilities by participants, clubs, organizations and guests;  Consider the needs of youth in the community  Have age appropriate times available to user groups.  Strive to ensure fair access to fields and recreational amenities  Allow flexibility to meet the needs of sports associations and other users  Establish uniform criteria and procedures for the reservation and use of sports facilities  Facilitate scheduling that will support proper and sufficient maintenance and repair of sports facilities and ensuring long term quality of these Page 203 of 303 9-010 Page 2 of 14  Permit the planning and implementation of special sport events and programs in which a large number of people are expected to participate;  Ensure that the town’s sports facilities are used for the benefit of the entire community;  Balance the needs of user groups, casual participants and the town.  Promote and encourage participation in sports to the overall benefit of the community.  Guide user groups through the process of booking sports facilities. SCOPE This policy outlines the criteria used to determine how the community will share facilities that are scheduled by the Town of Tillsonburg. The policy ensures that procedures to reserve a specific space and time slot will be simple, transparent, and uniformly applied. The Sports Facilities Allocation Policy applies to all sports facilities that are available for booking in the Recreation, Culture & Parks department for the purpose of recreational, educational, athletic or social activities. This policy does not establish fees. Fees and any applicable discounts are established through the Rates & Fees by-law subject to Council approval. AUTHORITY The Director of Recreation, Culture and Parks or designate shall be responsible for administering this policy. DEFINITIONS 1. Town of Tillsonburg sponsored programs and events Town of Tillsonburg sponsored programs and events are either drop-in programs (i.e.: public skating), instructional programs which are open to the public or a targeted group, and Town events that are in which a large number of people are expected to participate and that benefit the community. 2. Minor Sport/Children and Youth Programs Children and youth programming includes minor sports activities and school programs organization primarily for children less than 19 yrs of age to qualify as a youth group. 3. Adult Sport Groups Adult sport groups are groups with members over the age of 19 years or groups which participate in adult sport leagues. 4. Occasional Groups Rental groups which book occasionally & payment is due at the time of booking Page 204 of 303 9-010 Page 3 of 14 IMPLEMENTATION PROCEDURE The Recreation, Culture and Parks Department offers programs and activities to Town of Tillsonburg residents. Once the needs of the Town have been satisfied the remaining sports facilities available time slots will be made available to groups and individuals. Should there be more demand than supply for the remaining time it shall be allocated in accordance with the Sports Facilities Allocation Policy and the formulas/guidelines described in this section. 1. Priority – User Type criteria The following criteria shall be used for the allocation of sports facilities: 1. Town of Tillsonburg sponsored programs and events 2. Minor Sport/Children and Youth Programs 3. Adult Sport Groups 4. Occasional Groups 2. Priority – Allocation criteria 1. User Type Priority ranking 2. Number of registered participants for groups within the same category, if applicable 3. Historical use 4. Intended facility usage 5. Seasonal requirements 3. New User Groups New user groups may be included in the allocation once the conditions and criteria of this policy are met and if existing affiliated users will not be adversely affected. Given that new groups have the potential of reducing the number of hours available to existing users, new user groups will only be considered in cases where a program provides a service to previously un-serviced segments of population or where a new program is being introduced. 4. Bookings and Communication Communication is a vital component of the bookings and allocations process. The booking process will be communicated to user groups by the Programs and Facilities Registrar in the Recreation, Culture and Parks department with clear timelines of allocation request deadlines and contract issue date as well as when schedules will be finalized. See attached Schedule A for ice allocation timelines and Schedule B for ball diamond allocation timelines. Late submissions received following the deadline for allocation requests will be held until all other applicants have been accommodated. The Recreation, Culture & Parks Department reserves the right to cancel bookings at any time for the purpose of repairs to indoor or outdoor facilities, for Departmental or Town wide events as required, or for any other reasonable Page 205 of 303 9-010 Page 4 of 14 circumstances. In the event of such cancellation, the affected groups will be provided as much notice as possible. 5. Outstanding Accounts No user group or independent user will be allocated sports facilities during the seasonal booking/scheduling process if there is an outstanding account from the previous season. User groups with outstanding accounts will be denied booking privileges until outstanding accounts past 60 days are paid in full. 6. Allocation of Time On an annual basis the Programs and Facilities Registrar will develop Allocation Matrices for sports facilities which best reflects the expressed needs of the users and application of this Policy’s directives and guides. The Town of Tillsonburg reserves the right to reassign sports facilities annually as required. No user group is guaranteed the same time slots from a prior season. 7. Use of Allocated Time Once time has been allocated by the town, each user group is responsible to distribute its allocation amongst its various teams in accordance with established rules of its organization and in keeping with the principles of this policy. 8. Sports Facilities Maintenance  It is the responsibility of user groups to provide schedules for each of the facilities that they are allocated so that appropriate maintenance may be performed. If no schedules are provided the Town may discontinue maintenance of these facilities.  The Town does attempt to be flexible in accommodating user groups but ultimately the health and safety of the user and the condition and playability of the facilities takes priority. This may require closure, denial of use and/or suggested alternate sites.  Sports facilities may be closed at the discretion of the Town. Closures are kept to a minimum when conditions remain usable. Priority is given to maintenance needs and rest and regeneration periods for all sports facilities.  The Town may close all or part of a park, sports field or facility for any of the following reasons: o Town engages in work involving any of the facility o When the health and safety of participants is threatened due to impending conditions, including but not limited to rain, poor surface conditions, damage to fields and weather alerts.  Requests to modify or improve any town sports facility shall be submitted in writing to the Program and Facilities Registrar for review and if approved by Town staff, will be submitted to Council for consideration.  Town staff will review facility conditions and maintenance schedules will be communicated to user groups annually.  INCLEMENT WEATHER/POOR FIELD CONDITIONS: The town reserves the right to cancel or suspend permits for games, practices or other uses Page 206 of 303 9-010 Page 5 of 14 whenever facility conditions could result in damage to the sports fields or injury to players.  The Parks & Facilities Manager, or designate, shall have the authority to close any or all facilities whenever weather or field conditions dictate. Assessment results will be emailed to user groups upon release.  During inclement weather, it is the responsibility of user groups to check the email accounts provided in their application before every game or by calling the Community Centre at 519-688-9011. Facility closure information will also be posted on the Town’s website.  Rain Out Procedures- In an effort to help reduce personal injury and unnecessary and expensive repairs and maintenance to Town of Tillsonburg owned sports fields, rain out procedures were created to determine when Sports Fields are unplayable due to rain. Sports Fields will be considered unplayable if the following conditions exist: Visual ponding of water on the surface of the field/diamond; and Water sponging up around your feet when walking on the field/diamond. If either of the above conditions exists, then the event, practice and/or game will be cancelled or rescheduled until such time as the Sports Field is deemed playable. When/if the Sports Field is deemed unplayable by the designated Town staff and/or the Event/League Permit Holder, all activity/play on the Sports Field will cease immediately until such time as the field/diamond is re-evaluated and deemed playable by designated Town staff and/or the Event/League Permit Holder.  User groups cannot play on sports facilities that have been closed. If play does take place the Town may bill the user for damages.  The contract holder will be responsible for all damages to the sports facility.  Only authorized Town staff is permitted to re‐open a previously closed sports facility. 9. Code of Conduct The RZone – Responsible Behaviour in Recreation Spaces Policy is a code of conduct policy, which enforces a set of expectations to address inappropriate behaviours, violence and vandalism that negatively affects the experience of individuals or creates unsafe conditions. The RZone policy identifies how these behaviours will be addressed when it occurs within any Town facility. The Town encourages and supports all organizations using sports facilities to take primary responsibility for developing, implementing and managing their specific behaviour management policies to align with the Town’s RZone Policy. Organizations and users of Recreation, Culture and Parks sports facilities or properties are responsible for the behaviour of everyone associated with them, including participants, officials, spectators, patrons, parents, guests, etc. 10. Responsibilities The Town of Tillsonburg Recreation, Culture and Parks Department shall be responsible for managing, allocating and distributing sports facilities on an annual Page 207 of 303 9-010 Page 6 of 14 basis to reflect the guiding principles in the Sports Facilities Allocation Policy in addition to applying municipal, provincial and federal directives where required. Page 208 of 303 9-010 Page 7 of 14 Schedule A SEASONAL ARENA FACILITY REQUEST APPLICATION Please include preferred ice times including day of week, time and arena. This will enable staff to begin to map out the upcoming seasonal arena schedule. It should not be assumed that previous year's ice time is automatically your organizations. Every effort will be made to accommodate your requests; however, your first choice may not be always available. When contracts are signed by organization representative and town staff, ice time is then confirmed. Complete form entirely and please print clearly. Dates to Remember: Season Application Due Date TCC will confirm request Spring/Summer (Apr-Aug) January 15 February 28 Fall/ Winter (Sept-Mar) May 31 July 31 APPLICATION INFORMATION Group/League Name Applicant’s Name (primary contact) E-Mail Address Mailing Address Postal Code Resident Telephone # Daytime Telephone # Fax # Secondary Contact Name E-Mail Address Daytime Telephone # AGE CATEGORY TYPE OF ACTIVITY REQUEST TYPE  Youth (19 years & under)  Minor Hockey  Figure Skating  Renewal  Adult (20 years & over)  Ringette  Adult League  New Request  Hockey Schools  Youth Page 209 of 303 9-010 Page 8 of 14 INSURANCE REQUIREMENTS All users are required to obtain and maintain insurance coverage in the amount of $5,000,000 for public and general commercial liability insurance and must name the Town of Tillsonburg as additional insured. If you have your own insurance, you will be required to supply a Certificate of Insurance to the Town prior to the issuance of a rental contract.  Will provide Certificate of Insurance  Requests Tillsonburg Community Centre to purchase insurance Game Day Insurance and billed organization. FACILITY REQUEST: Day(s) of Week # of Arenas Required Time(s) Type G = Game P = Practice Duration Contract Start Date Contract End Date Tournament/Special Event Facility Request Date # of Arenas Start Time End Time Additional Requests Rooms, Mic, TV, VCR Page 210 of 303 9-010 Page 9 of 14 ARENA RENTAL - CONTRACT CONDITIONS 1. Any individuals, groups or organization (tenants) renting the facilities and equipment will be held responsible for any and all damages that occur while they are renting the above referenced facilities and equipment. The Town of Tillsonburg and its staff will not be held responsible for any lost, stolen or damaged articles. 2. A rental contract is not considered valid until the required payment/deposit and signed contract is received. 3. Arena users will be issued contracts for all ice time booked. Read through the dates and times on your contract carefully. If ice time is not on your contract, ice time is NOT booked for you. 4. In signing your Facility Contract, you agree to comply with the requirements, procedures and policies as outlined in these Terms & Conditions, Municipal Alcohol Policy and Alcohol & Gaming Commission regulations. 5. Rates are established annually and subject to change. (Year of actual event will have that year's rental rate applied, regardless of booking date.) 6. At least 72 hours (3 days) 168 hours (7 days) WRITTEN cancellation notice is required. Cancellation notice may be delivered as follows: Fax 842-4120, email staff or in person to the Tillsonburg Community Centre Customer Service Desk during regular business hours. Notice of less than 72 hours (3 days) 168 hours (7 days) will result in charges being levied for ice not re-booked at its resale value; i.e. prime-time or non prime-time rates. 7. Payment is to be made online or at the Community Centre Main Office during business hours. We accept cash, Visa, MasterCard, Debit or a personal cheque. (Please note a $35.00 NSF cheque fee will be applied) 8. Seasonal Ice Users will be billed monthly. In the event the account falls in arrears, the balance of scheduled ice bookings will be in jeopardy. Seasonal Ice Users who have failed to settle their account promptly at season's end will be required to settle their account before any additional ice bookings can be made. ANY DISCREPANCIES IN ACCOUNT INVOICING MUST BE REPORTED AND RECONCILED WITHIN 30 DAYS OF THE BILLING DATE. 9. Occasional Ice Users must be 18 years of age or older to reserve the facilities. This must be paid at the time booking. Receipt of payment must be presented to the Facility Operator upon request, to gain entrance to the ice. 10. Alcohol and smoking in both arenas and all dressing rooms are strictly prohibited. Alcohol beverages are NOT permitted on the premises without a Special Occasion Permit. We have a Municipal Alcohol Policy stating ZERO tolerance for alcohol consumption without proper permits. 11. The operators of this recreation facility strongly recommend that CSA approved safety equipment including head, eye and face protection, are worn by all Page 211 of 303 9-010 Page 10 of 14 participants. The Town of Tillsonburg, through the Director of Recreation, Culture and Parks, reserves the right to cancel and/or alter dates and/or times on this contract, as it deems necessary. Under no circumstances will the Town of Tillsonburg and/or its employees be responsible for any damages, financially or otherwise, which may be incurred by the contract holder and/or participants. 12. At the time of contract signing, a complete Seasonal Arena Terms & Condition will be reviewed and signed at the representative of the organization.  I hereby certify that I have read and agree to be bound by the contract and the terms and conditions listed herein, and hereby warrant and represent that I have authority to execute this contract and have authority to bind the Licensee. Print Name:_____________________________ Signature:_______________________________ Please return the form to: Tillsonburg Community Centre 45 Hardy Ave, Tillsonburg, ON N4G 3W9 Page 212 of 303 9-010 Page 11 of 14 Schedule B SEASONAL BALL DIAMOND REQUEST APPLICATION Please include preferred diamond times including day of week, time and Ball Diamond. This will enable staff to begin to map out the upcoming seasonal Ball Diamond schedule. It should not be assumed that previous year's diamond time is automatically your organizations. Every effort will be made to accommodate your requests; however, your first choice may not be always available. When contracts are signed by organization representative and town staff, diamond time is then confirmed. Complete form entirely and please print clearly. Dates to Remember: Season Application Due Date TCC will confirm request Spring/Summer (Apr-Sept) December 15 February 1 APPLICATION INFORMATION Group/League Name Applicant’s Name (primary contact) E-Mail Address Mailing Address Postal Code Resident Telephone # Daytime Telephone # Fax # Secondary Contact Name E-Mail Address Daytime Telephone # AGE CATEGORY TYPE OF ACTIVITY REQUEST TYPE  Youth (19 years & under)  Men’s Slo Pitch  Minor Ball  Renewal  Adult (20 years & over)  Ladies Slo Pitch  Clinics  New Request  Special Olympics  Tournaments Page 213 of 303 9-010 Page 12 of 14 INSURANCE REQUIREMENTS All users are required to obtain and maintain insurance coverage in the amount of $5,000,000 for public and general commercial liability insurance and must name the Town of Tillsonburg as additional insured. If you have your own insurance, you will be required to supply a Certificate of Insurance to the Town prior to the issuance of a rental contract.  Will provide Certificate of Insurance  Requests Tillsonburg Community Centre to purchase insurance Game Day Insurance and billed organization. FACILITY REQUEST: Please list preferred Ball Diamond(s): Note: This does not guarantee that you will be assigned your preferred Ball Diamond. Day(s) of Week Name of Ball Diamond Required Time – Please list all time slots Type G = Game P = Practice Duration (Season length) Contract Start Date Contract End Date Tournament/Special Event Facility Request Date # of Ball Diamonds Start Time End Time Additional Requests (ie. Picnic tables, canteen) BALL DIAMOND RENTAL - CONTRACT CONDITIONS Page 214 of 303 9-010 Page 13 of 14 a. Any individuals, groups or organization (tenants) renting the facilities and equipment will be held responsible for any and all damages that occur while they are renting the above referenced facilities and equipment. The Town of Tillsonburg and its staff will not be held responsible for any lost, stolen or damaged articles. b. A rental contract is not considered valid until the required payment/deposit and signed contract is received. c. Ball Diamond users will be issued contracts for all diamond time booked. Read through the dates and times on your contract carefully. If diamond time is not on your contract, diamond time is NOT booked for you. d. In signing this Facility Contract, you agree to comply with the requirements, procedures and policies as outlined in these Terms & Conditions, Municipal Alcohol Policy and Alcohol & Gaming Commission regulations. e. Rates are established annually and subject to change. (Year of actual event will have that year's rental rate applied, regardless of booking date.) f. Payment is to be made online or at the Community Centre Customer Service Desk during business hours. We accept cash, Visa, Amex, Master Card, Debit or a personal cheque. (Please note a $35.00 NSF cheque fee will be applied) g. Seasonal Diamond Users will be billed as the contracts are confirmed. In the event the account falls in arrears, the balance of scheduled diamond bookings will be in jeopardy. Seasonal Diamond Users who have failed to settle their account promptly at season's end will be required to settle their account before any additional diamond bookings can be made. ANY DISCREPANCIES IN ACCOUNT INVOICING MUST BE REPORTED AND RECONCILED WITHIN 30 DAYS OF THE BILLING DATE. h. Occasional Diamond Users must be 18 years of age or older to reserve the facilities. This must be paid at the time booking. i. Alcohol beverages are NOT permitted on the premises without a Special Occasion Permit. We have a Municipal Alcohol Policy stating ZERO tolerance for alcohol consumption without proper permits. j. The Town of Tillsonburg, through the Director of Recreation, Culture and Parks, reserves the right to cancel and/or alter dates and/or times on this contract, as it deems necessary. Under no circumstances will the Town of Tillsonburg and/or its employees be responsible for any damages, financially or otherwise, which may be incurred by the contract holder and/or participants. k. At the time of contract signing, a complete Seasonal Ball Diamond Terms & Condition will be reviewed and signed as the representative of the organization. Proof of Insurance is required at this time.  I hereby certify that I have read and agree to be bound by the contract and the terms and conditions listed herein, and hereby warrant and represent that I have authority to execute this contract and have authority to bind the Licensee Page 215 of 303 9-010 Page 14 of 14 Print Name:_____________________________ Signature:_______________________________ Please return the form to: Tillsonburg Community Centre 45 Hardy Ave, Tillsonburg, ON N4G 3W9 Page 216 of 303 Page 1 of 4 Subject: Naturalized Areas Implementation Report Number: RCP 23-22 Department: Recreation, Culture and Parks Department Submitted by: Matt Johnson, Manager of Parks and Facilities Meeting Type: Council Meeting Meeting Date: Tuesday, May 23, 2023 RECOMMENDATION A. THAT report RCP 23-22, Naturalized Areas Implementation be received; and B. THAT the sites listed in report RCP 23-22 be approved for preparation and installation of naturalized areas locations. 1. Turtle Garden (McLaughlin Way) 2. Trans Canada Trail (4th to North Trailhead) 3. Summer Place (butterfly garden redesign/delegation) 4. Delevan Crescent (forest edge garden) 5. Annandale ballfield #5/parking area 6. Borden Crescent 7. Cadman Park (pending LPRCA approval) 8. Carroll trail entrance 9. Coronation Park 10. Glendale Park 11. Lake Lisgar/Hawkins Bridge 12. Langrell storm water pond 13. Participark (x2) 14. Trans Canada Trail (Tillson Ave entrance) 15. Carroll Trail/John Pound Road (tunnel) 16. Trottier Park 17. Tillsonburg Cemetery (butterfly garden rebuild) Page 217 of 303 RCP 23-22 Choose an item. Click or tap here to enter text. Page 2 of 4 BACKGROUND At the Council meeting dated October 11, 2022, the following resolution was passed by Council: THAT RCP “….provide a report to the Parks, Beautification and Cemetery Committee in April (2023) with recommended naturalized areas and that staff bring back a report regarding the areas to be kept more natural rather than long grass.” Naturalization is the process of reducing the amount of cultivated turf in a yard, park, greenspace or trail. These nature areas are designed to have environmental benefits for the local flora and fauna to grow successfully, without the use of pesticides, herbicides and ornamental plants. Naturalized Areas create a habitat for birds, butterflies and other wildlife to shelter, feed and breed. These designated areas are typically marked by educational signage and are managed within a visible boundary between the manicured turf and the naturalized area, making them stand out from a manicured lawn or garden. Once these areas are installed and established, they are proven to reduce maintenance costs, such as grass mowing, trimming, spraying etc. They promote an enhanced ecosphere by providing environmental quality (i.e. air, water, soil) to the surrounding area. An important part of accepting naturalized lawns and gardens in any setting, is letting go of the “perfect lawn” (perfectionism) mentality and finding the beauty in a natural setting. This can be embrace what is already naturally existing on rural properties such as hedge-lines, riparian zones, around lakes (trees, shrubs, and plants protecting the shoreline from erosion and pollutants), grassy meadows and forests and their undergrowth. DISCUSSION In recent years, the Town of Tillsonburg has become more environmentally aware by establishing policies that help maintain the natural beauty of the Town. The first to be implemented was the “Saving Tillsonburg’s Canopy” project where the Town worked with developers to include a tree planting program with new builds. Then came the hiring of a Forestry Technician in 2022, who inventoried the trees on Town lands, and was instrumental in planting trees on parklands. Page 218 of 303 RCP 23-22 Choose an item. Click or tap here to enter text. Page 3 of 4 To build on the success of the tree canopy project, Recreation, Parks and Culture staff have recommended that the Town of Tillsonburg turn its focus to the implementation of naturalized areas throughout our parklands and trails system. RCP currently contracts the grass mowing in parks and greenspaces to GSL Ltd. from Delhi, ON and believe that with installation of these “Naturalized Areas”, RCP could save as much as 15% annually (2023 $9,900) on future mowing contracts (2025 contract renewal). There are multitude of areas that can be established as “Naturalized Zones” and securing these areas throughout the Town is increasingly important as Town loses land to developments every year. RCP has already identified 16 Town owned properties that will support this endeavor. The proposed sites were presented to the Beautification, Parks and Cemetery Advisory at their April 25th meeting. In conclusion, when we add naturalized spaces that better represent naturally occurring landscape of the region, we set in motion beneficial attributes of these lands. It is proven that when Naturalized areas are installed, they create macro and micro biomes which attract native wildlife species, lower cost of maintenance, provide temporary stress relief and a feeling of relaxation, increase aesthetics and can provide fruit bearing trees and shrubs for residents to enjoy. CONSULTATION The Director of Recreation, Parks and Culture, Manager of Parks and Facilities, Supervisor of Parks and Cemetery, Beautification, Parks and Cemetery Advisory Committee. FINANCIAL IMPACT/FUNDING SOURCE The estimated initial startup costs for the naturalized area implementation program is $5,000, with no future funding requirements due to the self-sustaining nature of the program. Initial costs will be funded through the 2023 Council approved beautification and trails operational budget lines, as well as potential sponsorships from local businesses. Future savings include reduced scope mowing contract costs commencing at the next scheduled renewal (2025). Staff will further investigate possible savings opportunities via amendment to the current mowing contract. Page 219 of 303 RCP 23-22 Choose an item. Click or tap here to enter text. Page 4 of 4 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 committees and service organizations, in shaping municipal initiatives Priority Project – Immediate Term - Enhanced tree planting; Short Term – Trail system upgrades. ATTACHMENTS Naturalized Areas Page 220 of 303 Proposed naturalized areas Page 221 of 303 Page 222 of 303 Page 223 of 303 Page 224 of 303 Page 225 of 303 Page 226 of 303 Page 227 of 303 Page 228 of 303 Page 1 of 3 The Corporation of the Town of Tillsonburg Recreation & Sports Advisory Committee May 4, 2023 5:30 p.m. Council Chambers MINUTES Present: Scott Vitias, Christy Milmine, Stephen Gradish, Taylor Campbell, Scott Gooding, Christian Devlin, Joe Sym, Andrew Gradish, Councillor Chris Parker, Mayor Deb Gilvesy, Susie Wray . Absent with Regrets: Carrie Lewis Also Present: Andrea Greenway, Recreation Programs & Services Manager Margaret Puhr, Administrative Assistant, Recreation, Culture and Parks Michael Papaioannou, Frank Deutsch, John Twinem 1. Call to Order The meeting was called to order at 5:36pm. 2. Adoption of Agenda Resolution #1 Moved by: Scott Gooding Seconded by: Stephen Gradish THAT the Agenda as amended for the Recreation & Sports Advisory Committee meeting of May 4, 2023, be adopted. Carried 3. Minutes of the Previous Meeting Minutes Page 229 of 303 Page 2 of 3 Resolution #2 Moved by: Deb Gilvesy Seconded by: Stephen Gradish THAT the Minutes for the Recreation & Sports Advisory committee be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. General Business and Reports 5.1. Tillsonburg FC – presentation by John Twinem, Michael Papaioannou and Frank Deutsch. Updated business plan is attached to the minutes. Resolution #2 Moved by: Stephen Gradish Seconded by: Joe Sym THAT the Recreation and Sports Advisory Committee receive the single option that the Town of Tillsonburg allow Tillsonburg FC to develop Guylveszi Park into another soccer park. Defeated Resolution #3 Moved by: Deb Gilvesy Seconded by: Stephen Gradish THAT Resolution #2 be divided into two separate resolutions. Carried Resolution #4 Moved by: Deb Gilvesy Seconded by: Scott Gooding THAT the Recreation and Sports Advisory Committee recommend the Parks and Recreation Master Plan investigate the need for additional soccer fields and consider the presentation from TFC regarding additional fields located at Gyulveszi Park; Page 230 of 303 Page 3 of 3 And THAT TFC work with Tillsonburg Minor Soccer to come forward at a future date in a cohesive manner to present a joint need for additional soccer fields. Carried 5.2. Sports Allocation Policy report – presented by Andrea Greenway, with updates as to the administrative efficiencies in allocation of facilities. Resolution #5 Moved by: Joe Sym Seconded by Susie Wray THAT the Recreation and Sports Advisory Committee receives report RCP-23-01, Amendment to Policy 9-010: Sports Facilities Allocation Policy; AND THAT the Recreation and Sports Advisory Committee approves and adopts the revised Sports Facilities Allocation Policy for the Town of Tillsonburg as presented; AND THAT the Recreation and Sports Advisory Committee recommendation be brought forward to Council for consideration. Carried 5.3. Guylveszi park petition – the petition was initiated by the residents in the park’s neighbourhood and delivered to council in April. Resolution #6 Moved by: Scott Gooding Seconded by: Taylor Campbell THAT the Recreation and Sports Advisory Committee receive the petition as information. Carried 6. Next Meeting June 1, at 5:30 p.m., Council Chambers, 200 Broadway, second floor. 7. Adjournment The meeting was adjourned at 7:13 p.m. Page 231 of 303 TillsonburgFC A BUSINESS PLAN For the GYULVESZI PARK SOCCER FIELDS REVITALIZATION PROJECT Presented to The Town of Tillsonburg March 2023 Page 232 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..2 EXECUTIVE SUMMARY For many years soccer in Tillsonburg operated under a single corporate entity encompassing both sanctioned competitive teams and non-sanctioned recreational teams for all ages. Rule changes at the provincial level of soccer has made it impossible for a single organization to continue in that manner. As a result, Tillsonburg Football Club (TillsonburgFC) was established in 2017 and incorporated in 2020 to maintain a local, sanctioned competitive soccer program in Tillsonburg. TillsonburgFC is a member in good standing of governing bodies for competitive soccer in Ontario – locally it is the Elgin Middlesex Soccer Association - along with Ontario Soccer and Soccer Canada. TillsonburgFC’s 5-year strategic plan lays out a roadmap towards doubling the number of youth players and teams in the Club by 2028, largely due to a purposeful and focused plan to increase the development of female players, coaches and match officials. As part of the requirements of participating in competitive soccer, the Club must provide regulation size fields for each of the various age groups. Soccer Canada has established an intermediate field size (60-75m x 42-55m) for U12 and U13 players. There are no good quality fields of this size in Tillsonburg that are reliably available for the two teams TillsonburgFC will have in that age group in 2023, and the Club intends to have three U12/U13 teams by 2026 and four by 2028. Tillsonburg currently boasts one of the best soccer parks in Southwestern Ontario, with three full fields, six mini fields, three micro fields and two non-standard size fields. Tillsonburg also has three additional non-standard size unmaintained soccer fields at Guylveszi Park. TillsonburgFC has prepared this business plan to demonstrate to the Town of Tillsonburg that the Club has the capacity to meet the financial, organizational and operational demands of a capital project to improve the conditions of the Gyulveszi soccer fields in partnership with the Town. The primary objective is to provide two competitive-quality intermediate size fields. A secondary objective is to accommodate the projected growth of soccer in the region by improving the quality of the existing full- size field at Gyulveszi and adding two mini-fields and other amenities to accommodate overflow from Tillsonburg Soccer Park. Page 233 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..3 MISSION & VISION Mission Statement TillsonburgFC is the community of Tillsonburg’s premier licensed competitive soccer organization, embodying the spirit of “The Beautiful Game” through implementing the Ontario Soccer Long-term Player Development Program and promoting both personal and professional growth through soccer. Vision We aim for best-in-class soccer at the most affordable price for our members. Values • Providing a Fun/Enjoyable soccer related environment = #1 for all participants. • Showing Respect to all club members and other soccer-related stakeholders. • A connected soccer Community with unrivalled (competitive) soccer spirit. • Equality/Equity for all and an Inclusive soccer-related environment • High Quality soccer facilities/programming and developing excellent people. • Practicing Sportsmanship and developing transferable (life/work) skills. STRATEGIC OVERVIEW When Tillsonburg Minor Soccer Club (TMSC) was first established almost a quarter of a century ago, a single organization could operate with both sanctioned and unsanctioned players, officials and directors. For many years competitive soccer players from Tillsonburg met with great success under the banner of the Tillsonburg Titans – the sanctioned, competitive part of TMSC. Ontario Soccer, the governing body of competitive soccer in Ontario established and began enforcing updated club licensing rules that prohibit that operating model. Either all players, officials and directors involved with TMSC had to become sanctioned, or a separate entity had to be brought into being. In 2017 the Titans component separated from TMSC and established itself as Tillsonburg Football Club. Operating for several seasons as an unincorporated community organization, TillsonburgFC finally incorporated as a not-for-profit corporation in early 2020. TillsonburgFC is committed to being a top-notch soccer club and has applied for a Quality Soccer Provider Club License from Ontario Soccer. Among other things, to succeed in obtaining this designation TillsonburgFC must commit to and deliver facilities appropriate to the programs the Club provides. In 2022, the Club had no suitable field available for the U12 Girls team in terms of dimensions and goal sizes at the Tillsonburg Soccer Park. The situation will worsen in 2023 when both the (now) U13 girls and the (now) U12 boys will need to use an intermediate size field. Further pressure will come as the number of teams needing that size field grows to three in 2024 and four by 2026. Please see Appendix A for a table showing player head count projections from 2022- 2028. Page 234 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..4 To mitigate this shortfall in available fields with the proper configuration of size and net dimensions, the Club proposes to work in close partnership with the Town of Tillsonburg to reconfigure and upgrade the three existing poor quality soccer fields at Gyulveszi Park into five safe and fully operational soccer fields. This initiative will in no way replace or take away from the Tillsonburg Soccer Park’s pre-eminent role as the home of soccer in Tillsonburg. It is intended to augment that facility and provide additional training and match play field time to meet the growing demand. PROJECT DESCRIPTION: Gyulveszi Park Soccer Fields Revitalization Project TillsonburgFC’s plan is for Gyulveszi Park to be purposefully upgraded to accommodate Tillsonburg youth competitive soccer players from ages U8 to U16. The men’s and women’s teams would continue to play and train at the Tillsonburg Soccer Park. As the need for more intermediate soccer fields is urgent for the 2023 Season, TillsonburgFC is proposing the following three phased approach to improve the fields at Gyulveszi Park. Phase 1 (Spring of 2023)  level land and bring soccer field turf and goals to competitive conditions (level, smooth, free from hazards).  reseeding of the entire property  trim lower branches and/or remove trees on the north side of the property to increase usable area of the park  cut down all trees on the east side of the park with the cooperation of the owner of the neighboring property and tidy up the area to remove all drug paraphernalia and garbage. Page 235 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..5 NOTE: replacement trees will be established throughout the reconfigured park once all the construction is completed. Phase 2 (2024)  increase the size of the parking lot with the help from the Town of Tillsonburg  install field irrigation using town water or a sand point  trench utilities (sewer, water & electricity) from Peach St. to the north side of the park  install 5-metre-high chain link fencing on the south side of intermediate field (+/- 80 metres) and the main soccer field (+/- 110m) to retain balls in the park Phase 3 (2025)  build a structure on the north side of the park for shelter, dressing rooms, a small canteen and equipment storage space FUNDRAISING PLAN TillsonburgFC will execute a capital fundraising program to cover the costs of all the soccer-related improvements. The comprehensive fundraising program will pursue grants, business sponsorships, service club support and donations from the community. Grants TillsonburgFC will apply to grant programs made available by the Province of Ontario, the Government of Canada, the Ontario Trillium Foundation, and the Oxford Community Foundation, the Cowan Foundation and as many other grant opportunities as can be identified. Business Sponsorships TillsonburgFC has developed a business sponsorship program to secure financial support from local companies and has already obtained significant commitments towards the funds required for Phase 1 of the project. This program will require the support to be recognized through permanent signage within the vicinity of the park. The sponsorship program will also be an ongoing mechanism for securing funds towards the ongoing maintenance of the fields. Service Club Support Service organizations have a long track record of being major benefactors of community projects in Tillsonburg. TillsonburgFC is anticipating that they will step up again to support youth sport and improving community facilities. Looking to Phases 2 and 3 of the project, the Club will pursue multi-year commitments for support from each of the local chapters of the Kinsmen, Lions, Masons, Optimist and Rotary Clubs. Community Donations The soccer community in Tillsonburg receives support from many individuals and families in so many ways. TillsonburgFC has been able to get commitments from a Page 236 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..6 number of individual contributors who are prepared to support this project in a significant way. It is premature to identify those individuals as the project has not yet been approved. Town of Tillsonburg TillsonburgFC is asking the Town of Tillsonburg for three important things to help achieve success with the Gyulveszi Park Soccer Fields Revitalization Project. First, as the Town is the owner of the property, for grant applications to be considered the Town will need to officially endorse the project and provide written permission for the proposed works to not only go forward but to be allowed to remain for the longer term. Second, the Club is asking the Town to accept donations from individuals and organizations for this project and to provide receipts for those donations that can be used for income tax purposes. The Town has done this before for similar community- based capital improvement projects including the Tillsonburg Soccer Park and most recently for the J.L. Scott McLean Recreation Pad. Third, the Club is asking the Town of Tillsonburg to enlarge and formalize the parking lot at the West end of the park and to improve the access into the parking lot at the intersection of Bond Street and Wellington Street as part of that work. The lot can be expanded to both the East and South in a manner that won’t interfere with the existing playground equipment. OPERATIONS PLAN The Town of Tillsonburg has historically maintained Gyulveszi Park as open park space rather than as sportsfields. TillsonburgFC expects that, as with the grounds at Tillsonburg Soccer Park, the Town will want and allow the Club to assume the property maintenance of the fields and surrounding open space and thereby save the operational expenses previously incurred for mowing the area. TillsonburgFC expects that the Town would continue to hold responsibility and accountability for the inspections, maintenance and life-cycle replacement of the playground equipment within the Park. Understanding that Gyulveszi Park is the neighbourhood green space for the residents in the subdivision South and West of the park, TillsonburgFC commits to ensuring that the Park is kept in good order and meets the expectations and standards of the Town. Specifically, TillsonburgFC will hire property maintenance services to take care of the field turf including regular mowing and lining as well as seasonal tasks like rolling, aerating, overseeding and fertilizing. TillsonburgFC will also manage the garbage and cover the cost of utilities if-and-when they are connected. TillsonburgFC will pay for these costs through the regular operations of the Club using revenue from registrations and sponsorships. Page 237 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..7 Oversight of the property will be the responsibility of the TillsonburgFC Board of Directors through a specific Director appointed to the role. Aside from accountability to the Board for the day-to-day field conditions throughout the outdoor playing season, that Director will also have formal responsibility to liaise and coordinate with the Town’s Parks staff and provide updates annually to the Director of Recreation, Culture & Parks. ORGANIZATIONAL TEAM TillsonburgFC has a committed and focused Board of Directors that are determined to see the Club grow and sustain itself for the long term. The full roster of Board Members is available from the TillsonburgFC website at http:\\www.tillsonburgfc.ca. Specific to this project, the key individuals are: Mark Locker, President. For the last 15 years Mark has enjoyed being a part of the competitive soccer program in Town as a Board member and as a coach for both, Tillsonburg Minor Soccer Club and Tillsonburg FC teams. He has been a leader, guiding us through all of the changes dictated by Ontario Soccer, to improve competitive soccer in Canada. Mark is a collaborative leader who enjoys working with other local soccer organizations. He ensures the Clubs is following its values, to help make soccer better for next generation. He is also a businessman in Town that helps with fundraising efforts Michael Papaioannou, Vice President. Michael has been a key figure in soccer (and many other sports) in Tilllsonburg for over fifty years. With the successful build-out of the Tillsonburg Soccer Park from 2000-2010, Michael has proven his ability to plan and secure financial support to ensure a project’s success. He was on the Board of Directors that built the Tillsonburg Soccer Park as the fundraising chairman, with an approximately cost of $1.5M. He has also proven his commitment to achieving a very high standard in the work done – no cutting corners. Michael will find the money to get the job done right. Frank Deutsch, Treasurer. Frank has also been part of the competitive soccer community in Tillsonburg for nearly 30 years. Franks vocation in the finance industry has provided him with the skills to make sure all of the financial aspects of the project are managed properly. Frank was the treasurer and part of the Board of Directors that built the Tillsonburg Soccer Park on 2000. John Twinem, Head Coach/Technical Director. John has coached multiple youth soccer teams to regional and provincial success. He has successfully placed multiple players he has coached on varsity teams in Ontario and the United States. John’s expertise will be applied in making sure the upgraded fields will support safe and technically appropriate play for each of the age groups they are designed for. Page 238 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..8 Brett Harrington, Senior Men’s Director. As a player growing up in the Tillsonburg competitive soccer community Brett achieved great results leveraging into a varsity soccer role. Now, giving back to the community he brings his professional skills in marketing and business to this project. His role will be to have oversight of the marketing materials for the fundraising aspects of the project. Rick Cox, Secretary. Rick’s role in this project will be to find grant opportunities and then to prepare and submit the applications. He has proven success at securing capital and program grant funding for projects of all sizes in Tillsonburg and other communities. Page 239 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..9 PROJECT COSTS AND FUNDRAISING TARGETS The cost of the project is anticipated to be $882,000 including a 10% contingency. (NOTE: this does not include the cost for the parking lot improvements estimated at $200,000-300,000). TillsonburgFC will fundraise to reach this target amount, approaching each phase separately and proceeding only when the funds are in place to accomplish that phase. This cost estimate has been prepared through consultation with companies who are prepared to do the work for that price. It reflects pricing current in late 2022. The fundraising target exceeds the projected cost by 5%. Capital Costs Contingency $ 80,000 Phase 1 Soccer Field Levelling $ 150,000 Seeding Soccer Fields $ 17,000 Fencing $ 30,000 Soccer Goal Posts $ 10,000 Accessibility Enhancements $ 10,000 Cut & Tree Trimming $ 6,000 $ 223,000 Phase 2 Field Irrigation $ 42,000 Fencing $ 70,000 Utilities – Water $ 15,000 Utilities – Sewage $ 27,000 Utilities – Hydro $ 30,000 $ 184,000 Phase 3 Storage/Washrooms/Shed $ 350,000 Accessibility Sidewalks $ 25,000 Water Well $ 20,000 $ 395,000 Total $ 882,000 Page 240 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..10 Fundraising Targets for Capital Costs Grant support $ 280,000 Industry / Business’ $ 250,000 Community Donations (Town Tax Receipt) $ 130,000 Tillsonburg FC Contributions Lottery revenue (750 x $100 Tickets) $ 50,000 Sponsorships $ 30,000 Accumulated operational surplus $ 20,000 3 fundraising events $ 18,000 Associate Memberships $ 10,000 $ 128,000 Service Clubs $ 135,000 Total $ 923,000 Page 241 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..11 SUMMARY Soccer in Tillsonburg benefits from a wonderful facility and strong community support. The popularity of the sport and the growth of the municipality has created challenges for competitive players to find place to play. This business plan presents a solid roadmap for the Town to secure improved sport facilities from a motivated community group. TillsonburgFC is determined to develop a strong competitive soccer program based in Tillsonburg with female and male youth teams at all ages from U8 through U16 and for adults from 18 and up. In order to achieve that mission, additional and upgraded fields, particularly of intermediate size are needed in Tillsonburg. TillsonburgFC is prepared to successfully fundraise the $923,000 required to upgrade and reconfigure the existing soccer fields at Gyulveszi Park to augment those available at the existing Tillsonburg Soccer Park and is asking the Town of Tillsonburg to endorse and approve the project. TillsonburgFC stands ready to answer any questions Council and staff may have about the organization, about the plan, or about the project. The Club is ready to proceed as soon as Council provides consent. Page 242 of 303 TillsonburgFC A Business Plan for the Gyulveszi Park Soccer Fields Revitalization Project /..12 APPENDIX A 2022-2028 TillsonburgFC Player/Team Growth Projection Players 2022 2023 2024 2025 2026 2027 2028 Field Size U8 (co-ed) 10 10 10 20 20 Mini (55m x 35m) U9G 10 10 10 10 10 Mini (55m x 35m) U10G 12 12 12 12 Mini (55m x 35m) U11G 12 12 12 Mini (55m x 35m) U12G 16 16 16 Intermediate (80m x 45m) U13G 18 18 Intermediate (80m x 45m) U14G 18 Full size (110m x 65m) U15G 15 18 Full size (110m x 65m) U16G 18 18 18 Full size (110m x 65m) U9B 10 10 10 10 10 10 10 Mini (55m x 35m) U10B 12 12 12 12 12 12 Mini (55m x 35m) U11B 14 12 12 12 12 12 Mini (55m x 35m) U12B 16 16 16 16 16 Intermediate (80m x 45m) U13B 18 18 18 18 Intermediate (80m x 45m) U14B 15 18 18 18 Full size (110m x 65m) U15B 16 18 18 18 Full size (110m x 65m) U16B 18 18 Full size (110m x 65m) Subtotal Youth 86 92 126 118 148 174 192 Men 50 50 50 50 50 50 50 Full size (110m x 65m) Women 22 22 44 44 44 44 44 Full size (110m x 65m) Masters 44 44 44 44 44 44 44 Full size (110m x 65m) Subtotal Adult 94 116 138 138 138 138 138 Total 180 208 264 256 286 312 330 2022-2028 TillsonburgFC Player / Team Growth Projection Page 243 of 303 1 The Corporation of the Town of Tillsonburg Affordable and Attainable Housing Committee Meeting MINUTES Wednesday, April 26, 2023 4:15 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Cedric Tomico Councillor Chris Parker Cole Warwick, Housing Programs Coordinator, Oxford County Rebecca Smith, Manager of Housing Development, Oxford County Dane Willson Deb Gilvesy, Mayor Gary Green Regrets: Suzanne Renken Staff: Cephas Panschow, Development Commissioner Kyle Pratt, Chief Administrative Officer Laura Pickersgill, Executive Assistant Renato Pullia, Director of Innovation & Strategic Initiatives _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:16 p.m. 2. Adoption of Agenda Resolution # 1 Moved By: Gary Green Seconded By: Dane Willson Page 244 of 303 2 THAT the Agenda as prepared for the Affordable and Attainable Housing Advisory Committee meeting of Wednesday, April 26, 2023, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Minutes of Previous Meeting Resolution # 2 Moved By: Gary Green Seconded By: Dane Willson THAT the minutes of the Affordable and Attainable Housing Advisory Committee of March 29, 2023, be approved. Carried 5. Presentations 5.1 Rural Housing Information Systems Kimberly Earls provided an overview of the Rural Housing Information System. Opportunity was provided for members to ask questions. 6. Information Items 7. General Business & Reports 7.1 Updated Average Market Rents for 2023 R. Smith provided an overview of the increased average market rents. 7.2 My Second Unit Updates C. Warwick provided an overview of the updates made to the 'My Second Unit' program including: • family members can now be included as tenants • funding has increased from $15,000 to $30,000 • possible locations for the units have been expanded Page 245 of 303 3 C. Warwick will provide official communication on this to staff once finalized for Town staff to share on the Town's media platforms. This report will be added to the next Council agenda for information. 7.3 Update Re 31 Earle St- RFP for Conceptual Plans There were no concerns regarding this draft. 7.4 Housing Accelerator Fund Investigation and Application K. Pratt provided an overview of the Housing Accelerator Funding coming available soon. R. Pullia provided a background of research done to date regarding applying for this funding. 8. Round Table The United Way is hosting their opening ceremony for the transitional housing in Tillsonburg at 11:00 a.m. on April 28th. 9. Next Meeting May 24, 2023 4:15 p.m. 10. Adjournment Resolution # 3 Moved By: Dane Willson Seconded By: Gary Green THAT the Affordable and Attainable Housing Advisory Committee meeting of Wednesday, April 26, 2023 be adjourned at 5:12 p.m. Carried Page 246 of 303 1 The Corporation of the Town of Tillsonburg Community Health Care Advisory Committee Meeting MINUTES Tuesday, May 2, 2023 12:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Deb Gilvesy, Mayor Kelly Spencer, Councillor Deputy Mayor Beres Dr. Clay Inculet Gerry Dearing Mike Bastow Dr. Mohammed Abdalla Nadia Facca Stephanie Nevins Staff: Kyle Pratt, Chief Administrative Officer Laura Pickersgill, Executive Assistant Regrets: Dr. John Andrew Dr. Will Cheng Teresa Martins _____________________________________________________________________ 1. Call to Order The meeting was called to order at 12:02 p.m. 2. Adoption of Agenda Resolution # 1 Moved By: Deb Gilvesy, Mayor Seconded By: Councillor Spencer Page 247 of 303 2 THAT the agenda as prepared for the Community Health Care Advisory Committee Meeting of May 2, 2023, be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of Minutes of Previous Meeting Resolution # 2 Moved By: Deb Gilvesy, Mayor Seconded By: Councillor Spencer THAT the Community Health Care Committee minutes dated April 3, 2023, be approved. Carried 5. Amendment of Minutes of February Meeting Resolution # 3 Moved By: Nadia Facca Seconded By: Deb Gilvesy, Mayor THAT the minutes, as amended, for the Community Health Care Committee dated February 7, 2023, be approved. Carried 6. Presentations 6.1 Models of Care and Physician Recruitment Jane Tillmann, Advisor with Health Workforce (Ontario Health), provided an overview of available models of care and applicable physician recruitment data. The Committee would like to see presentations from the following groups at their next meeting: • Thames Valley Health Team • Nurse Practitioner Led Clinic Page 248 of 303 3 • Community Health Care Committee representatives to bring ideas of working collaboratively during the next Oxford County Physician Recruitment Committee meeting to encourage regional physician recruitment. It was suggested that when the funding application becomes available for Team Care from the Federal Government that a collaborative approach be taken to complete the application. Jane Tillmann left the meeting at 12:59 p.m. 7. General Business and Reports 7.1 Hosting Discovery Week Med Students Tillsonburg District Memorial Hospital will be hosting four medical students for Discovery Week from May 29-June 1. Town staff will work with hospital staff on the details of the lunch planned with the Mayor. The Town will donate swag to this event. 7.2 Proposed Goals (Town Representative's Ideas) These goals will be reviewed and brought back at the next meeting for discussion and ratification. 7.3 University Affiliation This item to be moved forward to the next agenda. 8. Information Items 8.1 Intense Competition Article There was no discussion on this item. 9. Next Meeting May 16, 2023 at 12:00 p.m. 10. Adjournment The meeting adjourned at 1:14 p.m. Page 249 of 303 Page 250 of 303 41 Bridge St. Tillsonburg ON N4G 5P2 Ph 519.842.6151 tverbuyst@stationarts.ca asimeays@stationarts.ca www.stationarts.ca May 15,2023 Dear Mayor Deb Gilvesy and Town of Tillsonburg Council, I am writing you this letter on behalf of The Tillsonburg Station Arts Centre to show our support and need for visual representation and symbolism of inclusion in our community.By creating a vibrant and celebratory rainbow crosswalk in our community we are providing a safe and welcoming environment to not only residents of Tillsonburg,but to those that visit our wonderful community.Symbols like Rainbow Crosswalks are an incredibly important part of a broader strategy to bring queer and trans people together.It creates a narrative and understanding for people moving here and living here that there is a sense of belonging to our community. Acceptance of the LGBTQIA2S+community has grown globally since 1981,with 56 out of 175 countries experiencing an increase in acceptance,according to The Williams Institute's Global Acceptance Index. Iceland,Norway,the Netherlands,Sweden and Canada are the top five most accepting countries.Tillsonburg has grown 13%since 2006 and is currently 14%of the population of Oxford County which means with the growing number of people in our community,our emphasis on diversity and inclusion should be of much greater importance. As an organization that staffs and works with many people that identify in the lgbtqia2s+seeing more visual representation of inclusivity within our community will help create a more inviting space,have a positive impact on self esteem and help eliminate feelings of loneliness and isolation.The Rainbow Crosswalk is just the backdrop for transformational change that needs to continue happening in our community and surrounding communities.All people that come to Tillsonburg need to feel a sense of belonging,safety and acceptance in order for our community to continue to thrive,adapt and grow in diversity.Working towards Rainbow certification ourselves,we see regularly the importance of inclusivity in our youth,especially.By giving them a space that they feel comfortable with,they thrive in the workplace and grow in personality. We hope you consider promoting more lgbtqia2s+symbols within Tillsonburg,starting with the Rainbow Crosswalk.If you have any additional questions,please feel free to contact us at 519-842-6151. Thank you, Tabitha Verbuyst Executive Director/Curator Station Arts Centre Page 251 of 303 Page 252 of 303 Page 253 of 303 Page 254 of 303 Friday, April 28, 2023 To whom it may concern In response to the recent events that have taken place in the township of Norwich, I wanted to take a few minutes to reach out to the council of Tillsonburg to express my opinion and concerns regarding inclusivity within Tillsonburg. I am hoping that by sharing my experience that Tillsonburg will continue to be inclusive to all of its community members. Living in a small community can have many benefits to its members. However, a small community sometimes may make minority groups feel excluded and underrepresented. Making an effort to show acceptance, inclusivity and to celebrate diversity will help Tillsonburg continue to grow and thrive. As an intermediate teacher in Tillsonburg for the last twenty years, I have been able to have the privilege of teaching and getting to know numerous students who greatly appreciated my open mind when it came to accepting all students in the room for who they are. The number of students who are identifying as part of the LGBTQ+ community is rising. The need for these students to feel a part of their community will have a positive impact on their well-being and mental health. Allowing all students a safe space to learn and share has been an important part of my classroom. Many schools in our community work hard to be inclusive and celebrate pride month, black history month, orange shirt day and numerous spirit days to raise awareness for a variety of causes. I am fearful that if a decision such as the one made in Norwich were to be made in Tillsonburg that it would have a devastating impact on the mental health and well-being of some of our community members. It is my hope that Tillsonburg will continue to support all of its community members. I would be disappointed to see my hometown having a vote against flying a flag, painting a crosswalk or not supporting a human rights issue such as this. I’m proud of my town and hope that they continue to build and celebrate diversity of all types. Tonya Kisilak Tillsonburg, ON Page 255 of 303 Page 256 of 303 787A Dundas Street Woodstock N4S 1G1 | 58 Thames Street S. Ingersoll N5C 2T1 | 96 Tillson Ave. Tillsonburg N4G 3A1 P: 519.537.6404 | F: 519.537.8282 www.bbbsoxford.ca Monday, May 15, 2023 Dear Ms. Mayor, Mr. Deputy Mayor and Town Councillors of Tillsonburg, Big Brothers Big Sisters of Oxford County (BBBSOC) are proud to work with our friends in the 2SLGBTQIA+ community throughout Oxford County, including Tillsonburg. Our agency created the PRISM program (Pride Respect Identity Safety Mentoring) in 2019, offering one to one mentoring relationship where youth can connect with an adult who has lived the 2SLGBTQIA+ experience. We have since expanded to include PRISM group programming, where they can connect with other 2SLGBTQIA+ identifying youth through group activities in the community. As a marginalized group, our friends in the 2SLGBTQIA+ community deserve our support to feel respected, included, and accepted in Oxford County. Focusing on diversity, equality, and inclusivity builds stronger and healthier communities. Through simple acts of kindness and recognition, such as acknowledging PRIDE month and PRIDE celebrations, or installing rainbow crosswalks in our towns and cities, we are demonstrating to our friends in the 2SLGBTQIA+ community that they are respected, included, and an important part of Oxford County. For BBBSOC, our focus is to advocate for, support, and encourage all young people in Oxford County to realize their full potential. Recent events in Oxford County and beyond are deepening the marginalization for people in the 2SLGBTQIA+ community and can create adverse-childhood experiences for young people who are already facing adversities. Allowing the Oxford County PRIDE Committee to create a rainbow crosswalk will not only bring a bright welcoming presence to your downtown, but it will also show that the Town of Tillsonburg is accepting, respectful, and will build a sense of belonging for all. We encourage Town Council to be the next community in Oxford County to create the rainbow crosswalk and continue to prove that we are Bigger Together. Best Regards, Kristen Ralph Executive Director Big Brothers Big Sisters of Oxford County Page 257 of 303 The Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 May 15, 2023 Attention: Members of Council, I would like to offer my thoughts of support for the motion to create a painted sidewalk to demonstrate Tillsonburg’s belief in the values of diversity and inclusion. In my professional life, I was proud to serve in a senior communications post for the Ontario College of Teachers, the regulatory/licensing body for teachers in the province, and for two district school boards prior to that. For the better part of 30-plus years, I was proud to champion the standards that make Ontario’s teachers among the best in the world. The ethics that guide teachers and Ontario’s school curriculum demonstrate respect for the individual and a belief in the compounding strength of a society built on inclusion, and I was privileged to promote those ethical and practice standards at every turn. Symbols have meaning. In this case, the crosswalk would serve as a striking, visual acknowledgement of the diversity of this fast-growing community. More importantly, it would be a welcome sign to residents and visitors alike, a powerful demonstration of inclusion, and a gateway between a respect for Tillsonburg’s time-honoured values and traditions and a collectively imagined and developed future. Each one of us brings enormous strength, talent, and perspective to our work, our lives and the lives of others. When we are recognized and included, we add our voices and ideas to benefit the greater group. It’s why we have elected Councils. It’s why we’re able to grow our communities with forethought and careful planning. It’s how we’re able to best serve each other. I wholly support the symbolism connected with welcoming entrants to this great community. It values people, recognizes and appreciates difference, and encourages them to participate in local events, own local decisions, and enable greater service to one another. With growth comes diversity in its many forms. I’m honoured to live in a community that celebrates diversity, that includes people from all walks, and that believes in their collective spirit to serve the common good. I applaud Council for considering this motion and truly hope that we can paint our welcome mat with the vibrancy of colours to match the intention. Sincerely, Brian Jamieson Tillsonburg, Ontario Personal Information Page 258 of 303 May 14th, 2023 To whom this may concern, I am writing you as a local teacher, mother and a community member who has lived in Tillsonburg my whole life. After what we shockingly witnessed a few weeks ago in our neighbouring community, I felt compelled to write down my thoughts if there was any hesitation of evolving and taking the lead to bring our community together rather then apart. I have recently been driving in different communities, and I have noticed flags, signs, cross walks that represent the symbol of inclusion. When you enter Zehrs, you are greeted with the symbol and the words “All are Welcome.” Who doesn’t want to feel that way? I have personally always felt welcomed in our community, but my family is from here and I have experienced all major milestones in our little town. I am also white and straight and live a life without many barriers. My life has been status quo and I haven’t experienced many forms of discrimination. I do, however have children that will lead their own paths. They will have different experiences, different friends from different walks of life and hopefully pick a path that will make them happy. I have decided to raise them in the community that I have lived in because I grew up happy, safe and felt like it best supported me to be kind, open minded and excel to my full potential. This is what I expect our community to do for them as they grow. We, as a society has a greater understanding of what happiness is -being your true self. It is our duty as adults to do as much as we can for the future generation to make them feel secure in this. So, what does that look in our community? It looks like nurturing our children and students at home and school and when they walk out Page 259 of 303 May 14th, 2023 of these places, they still feel that wrap around experience on the streets, shops and places they frequent. These progressive symbols not only provide a safety net, but can be a stepping stone with shaping our youth to become inclusive citizens, prevent harmful and heartbreaking futures for them and their families and also continues to show that Tillsonburg is evolving and welcomes all to our already amazing community. I want to be proud of where I live and where I was raised. I want to have no regrets that I chose the best place to raise and mold my children into wonderful and HAPPY adults. Please consider these words when you make decisions going forward about our community. We all want to be full of pride with where we live. Thank you in advance, Melissa Carroll-Phillips Page 260 of 303 Page 261 of 303 Page 262 of 303 Page 263 of 303 Page 264 of 303 May 18th, 2023 RE: Letter of Support for the Installation of a Rainbow Crosswalk in the Town of Tillsonburg To Mayor and Council, At the May 17, 2023, meeting of the Museum, Culture, Heritage and Special Awards Committee, the Committee passed the following resolution: Resolution # 8 Moved By: Tabitha Verbuyst Seconded By: Amie Varga THAT the Museum, Culture, Heritage and Special Awards Advisory Committee supports the requested installation of a rainbow crosswalk put forward by the Oxford Pride Organization. Carried Sincerely, Jessica Elliott Jessica Elliott Secretary Museum, Culture, Heritage and Special Awards Advisory Committee On behalf of: Carrie Lewis, Chair Museum, Culture, Heritage and Special Awards Advisory Committee Page 265 of 303 Page 2 of 2 Page 266 of 303 1 | P a g e THE COPRPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2023-049 A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG. WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions relating to property conditions; AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23; AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, C.23 shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SHORT TITLE: This by-law shall be referred to as the "Property Standards By- Law". PART 1 DEFINITIONS PART 2 GENERAL STANDARDS FOR ALL PROPERTY AND USES 2.01 SCOPE 2.02 YARDS 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE 2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS. 2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING 2.06 GROUND COVER- EROSION CONTROL 2.07 LOT GRADING-DRAINAGE-SUMP PUMPS 2.08 WALKWAYS AND DRIVEWAY 2.09 PARKING LOTS 2.10 EXTERIOR LIGHTING 2.11 RETAINING WALL Page 267 of 303 2 | P a g e 2.12 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 2.13 ACCESSORY BUILDINGS 2.14 FENCE 2.15 TOWER-GANTRIES-MASTS-ANTENNAE 2.16 SIGNS PARTS 3 EXTERIOR PROPERTY AREAS 3.01 STRUCTURAL ADEQUACY-CAPACITY 3.02 FOUNDATION WALLS-BASEMENTS 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY 3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS 3.05 WINDOW SCREENS 3.06 CANOPIES-MARQUESS-AWNINGS 3.07 ROOF 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 3.09 CHIMNEY FLUES 3.10 GARAGE-CARPORT PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 4.02 WALLS-CEILINGS 4.03 FLOORS 4.04 STAIRS- HANDRAILS-GUARDS 4.05 ELEVATORS 4.06 MEANS OF EGRESS 4.07 FIRE PROTECTION 4.08 SEPARATIONS 4.09 HEATING-AIR CONDITIONING 4.10 VENTILATION 4.11 ELECTRICAL 4.12 LIGHTING 4.13 PLUMBING 4.14 WATER SUPPLY 4.15 SEWAGE SYSTEM 4.16 VERMIN CONTROL PART 5 ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY Page 268 of 303 3 | P a g e 5.01 OCCUPANCY STANDARDS 5.02 TOILET AND BATHROOM FACILITIES 5.03 KITCHEN AND LAUNDRY 5.04 INTERIOR DOORS, COUNTERTOPS AND CUPBOARDS PART 6 VACANT-DAMAGED-DEMOLITION 6.01 VACANT LAND 6.02 VACANT PROPERTIES 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 6.04 DEMOLISH BUILDING PART 7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 7.02 MEASUREMENT 7.03 PROPERTY STANDARDS COMMITTEE 7.04 PROPERTY STANDARDS OFFICER – DUTIES 7.05 INSPECTION AND ENTRY 7.06 ORDER 7.07 SERVICE AND POSTING OF ORDER 7.08 REGISTRATION OF ORDER 7.09 RECOVERY OF COSTS RELATIVE TO ORDER 7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE 7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH 7.12 CERTIFICATE OF COMPLIANCE PART 8 EMERGENCY POWERS 8.01 EMERGENCY ORDERS 8.02 SERVICE 8.03 EMERGENCY POWERS 8.04 SERVICE OF STATEMENT 8.05 APPLICATION TO COURT 8.06 POWERS OF JUDGE 8.07 ORDER FINAL 8.08 MUNICIPAL LIEN Page 269 of 303 4 | P a g e PART 9 OFFENCES 9.01 FINES PART 10 SEVERABILITY 10.01 SEVERABILITY PART 11 REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE PART 1 DEFINITIONS 1.01 In this By-law: "Accessory"- when used to describe a use, building or structure means a use, a building or a structure that is customarily incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. "Act" -means an enactment or statute of the Province of Ontario. "Approved"- means acceptance by the Chief Building Official, Property Standards Officer or designate. "Basement" - means that portion of a building between two floor levels, which is partly underground and which has at least one-half its height from finished floor to the underside of the first floor joists above the average finished grade level adjacent to the exterior walls of the building. "Bathroom"- means a room containing a bathtub or shower, with or without a water closet and hand basin. "Boarder"- means a person who is provided with meals, or room and meals, regularly in a boarding, lodging or rooming house in return for compensation. "Building" - means any structure used or intended to be used for supporting or sheltering any use or occupancy. "Building Code" - means the Building Code Act and any regulations made under that Act. Page 270 of 303 5 | P a g e "Clerk"- means the person duly appointed as Clerk for The Corporation of the Town of Tillsonburg. "Chief Fire Official" - means the person duly appointed as Chief Fire Official for The Corporation of the Town of Tillsonburg. "Cellar"- means that portion of a building between two floor levels which is partly or wholly underground and which has more than one half of its height, from finished floor to finished ceiling, below adjacent finished grade. "Chief Building Official" - means the Chief Building Official appointed under Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement thereof. “Code" - means a regulation of the Province of Ontario known, a) with respect to matters relating to building, as the Building Code; b) with respect to matters relating to electricity, as the Electrical Safety Code; c) with respect to matters relating to fire, as the Fire Code; and d) with respect to matters relating to plumbing, as the Plumbing Code. "Committee" - means the Town of Tillsonburg Property Standards Committee established under this By-law. "Corporation" - means the Corporation of the Town of Tillsonburg. "Council” - means the Council of the Corporation of the Town of Tillsonburg. "County" - means the Corporation of the County of Oxford. "Derelict" means any building that is vacant and has experienced structural failure in whole or in part. "Domestic Waste"- means any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit that appears to be waste material and includes but is not limited to the following classes of waste material: (a) grass clippings, tree cuttings, brush, leaves and garden Refuse; (b) paper, cardboard, clothing; (c) all kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of food except any material of vegetable origin placed in a composting container; (d) cans, glass, plastic containers, dishes; (e) new or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure; (f) refrigerators, freezers, stoves or other appliances and indoor furniture; (g) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; Page 271 of 303 6 | P a g e (h) unlicensed motor vehicle , inoperative motor vehicle , vehicle motor parts and accessories, vehicle tires mounted or unmounted on rims, and mechanical equipment; (i) Rubble, inert fill, fencing materials; (j) commercial shopping carts; (k) anything that appears to be abandoned, worthless, worn out and of no practical value, unsightly or not properly stored inside a building. "Dwelling" - means a building or part thereof, used or designed to be used as a residence and containing one or more Dwelling Units. "Dwelling Unit" - means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate s single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway. "Exterior Property Area" - means the building lot excluding buildings. "Fence" - means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen. "Ground Cover" - means organic or non-organic material applied to prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. "Guard" - means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them. "Habitable Room" - means any room in a dwelling or dwelling unit used or intended to be used for living, eating, sleeping, or cooking and without limiting the foregoing shall include den, library, sunroom or recreational room or any combination thereof. “Industrial Waste”- means any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes but is not limited to the following classes of waste material: (a) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; (b) containers of any size, type or composition; (c) Rubble, inert fill; (d) mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment; Page 272 of 303 7 | P a g e (e) articles, things, matter, effluent which are derived from or are constituted from or consist of agricultural, animal, vegetable, paper, lumber or wood products, mineral, metal or chemical products whether or not the products are manufactured or otherwise processed; (f) bones, feathers, hides; (g) paper or cardboard packaging or wrapping; (h) material resulting from, or as part of, construction or demolition projects; (i) unlicensed motor vehicle, inoperative motor vehicle, vehicle motor parts and accessories, vehicle tires mounted or unmounted on rims, and mechanical equipment. "Multiple Unit Dwelling"- means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple attached dwelling includes a triplex, a four plex, a six plex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. "Municipality"- means the Corporation of the Town of Tillsonburg. "Non-Habitable Room" - means any room or space in a dwelling unit, other than a Habitable Room and includes a washroom, bathroom, Toilet Room, laundry, pantry, lobby, corridor, stairway, closet, Cellar, boiler room, garage, or space for service and maintenance of any building for public use and for access to and vertical travel between storeys. "Non-Residential Property" - means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, Fences or erections thereon or therein. "Occupant" - means any person or persons over the age of (eighteen) 18 years in possession of the property. "Officer" - means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this by-law including but not limited to a Building Inspector and a Chief Building Official. "Owner" - includes the owner in trust, a mortgagee in possession, the Person for the time being, managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account, or as agent or trustee of any other Person, or who would receive the rent if the land and premises were let, and shall also include a lessee or Occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the Standards for the maintenance and occupancy of property. Page 273 of 303 8 | P a g e "Person" - means and includes any person, firm, partnership, corporation, company, association, or organization of any kind. "Property" - means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, Fences and erections thereon whether heretofore or hereafter erected and includes vacant property. “Property Standards Officer” shall have the same meaning as “Officer” in this by-law. "Public Health Inspector" - means the Public Health Inspector for the County of Oxford. “Refuse” - means any article, thing, matter, substance or effluent that: has been cast aside, discharged or abandoned or; is discarded from its usual and intended use or; is used up, in whole or in part, or expended or worn out in whole or in part; and shall include but not limited to Domestic Waste and Industrial Waste; and that Domestic Waste and/or Industrial Waste does not cease to be Refuse by reason that it may be commercially saleable or recyclable. "Repair" - includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the Standards established in this By-law. "Residential Property" - means any property that is used or is capable of being used as a dwelling or multiple thereof and includes any land or buildings that are appurtenant to such establishment including but not necessarily limited to all steps, walks, driveways, parking spaces, Fences and yards. "Retaining Wall" - means a structure that holds back soil or other loose material to prevent it assuming the natural angle of repose at locations where an abrupt change in ground elevation occurs. “Rubble” - means broken concrete, bricks, broken asphalt, patio or sidewalk slabs "Safe Condition"- means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any Person on or about the property, and includes a structurally sound condition. "Sanitary Sewage" - means liquid or water borne waste; a) of industrial or commercial origin, or b) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste. "Sanitary Sewer- means a sewer for the collection and transmission of Sanitary Sewage and Domestic Waste, Industrial Wastes and to which storm, surface and ground waters are not intentionally admitted. Page 274 of 303 9 | P a g e "Sewage" - shall include drainage, storm water, Refuse, Domestic Waste, Industrial Wastes and Sanitary Sewage. "Sewage System" - means the Town of Tillsonburg/County of Oxford system of storm sewers, sanitary sewers and combined sewers. Also a private Sewage disposal system approved by the County of Oxford Board of Health. "Sign" - means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. "Standards" - means the standards of physical condition and of occupancy prescribed for property by this by-law. "Storm Sewer" - means a sewer, which carries storm water and surface water, street wash and other wash water or drainage, but excludes Sanitary Sewage. "Toilet Room"- means a room containing a water closet and/or a washbasin. "Town" - means the Corporation of the Town of Tillsonburg. "Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. "Vacant Building” – means a building that is unoccupied, displays some visible signs of deterioration, is or should be boarded up and does not include agricultural building or a building already approved for demolition. "Vermin” - shall include rats, mice, and all other such obnoxious animals. "Visual Barrier" - shall mean a continuous, uninterrupted structure, which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material. Yard" means the land within the boundary lines of the lot and not occupied by the principal building. PART 2 GENERAL STANDARDS 2.01 SCOPE 1. No Person, being the Owner or Occupant of a Property, shall fail to maintain the Property in conformity with the Standards required in this By-law. Page 275 of 303 10 | P a g e 2. The Owner of any Property which does not conform to the Standards in this By-law shall Repair and maintain the Property to conform to the Standards or shall clear the Property of all buildings, structures, Refuse, Rubble waste or accumulations of such materials that prevent access to or exit from the Property in the case of emergency, or other safety or health hazard and shall leave the Property in a graded and leveled condition. 3. All Repairs and maintenance of Property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. 4. All new construction or extensive repairs shall conform to the Ontario Building Code, where applicable. 5. This by-law does not apply so as to prevent a farm, meeting the definition of "agricultural operation" under the Farming and Food Production Protection Act, 1998, R.S.O. 1998, c. 1, from carrying out a normal farm practice as provided for and defined under that Act. 2.02 YARDS 1. Shall be kept clean and free of Rubble, Refuse, debris and objects or conditions that might create fire, accident or health hazards. 2. Every Property shall be kept free from Rubble, Refuse, Industrial Waste, Domestic Waste or accumulations of such materials that prevent access to or exit from the Property. 3. Without restricting the generality of this Section, such maintenance includes the removal of: a) Rubble, Industrial Waste, Domestic Waste, and Refuse ; b) injurious insects, termites, rodents, vermin and other pests; and any condition, which may promote an infestation. c) wrecked, dismantled, inoperative, discarded or unlicensed Vehicles, trailers, machinery or parts thereof, except in an establishment licensed or authorized to conduct a salvage, wrecking or repair business and then only if such establishment conforms with any relevant By-laws or statutes; and d) Derelict or collapsed buildings, structures or erections, and the filling in or protecting of any unprotected well. 4. The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the Property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unconstructive. Page 276 of 303 11 | P a g e 2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE No machinery or parts thereof, or other object, or material not associated with the normal occupancy and use of a Property, including among other things, appliances, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry material or glass, other than that intended for immediate use on the Property, shall be stored or allowed to remain in an exterior property area. 2.04 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS Garbage chutes, disposal and collection rooms, containers and receptacles shall be maintained good repair kept clean and free of offensive odours. 2.05 GRASS-TREES- BUSHES-HEDGES-GROUND COVER-LANDSCAPING Ground cover, hedges, trees, landscaping and grass, and site facilities required as a condition of site development or redevelopment shall be maintained in living condition and in a good state of repair. 2.06 GROUND COVER- EROSION CONTROL Suitable Ground Cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. 2.07 LOT GRADING-DRAINAGE-SUMP PUMPS 1. All Yards shall be provided and maintained with adequate surface water drainage, without causing erosion, so as to prevent the entrance of water into a Basement or crawlspace. 2. Downpipes, sump pump, discharge lines and grading shall be designed, provided and maintained so as to discharge water runoff away from the building and to prevent flooding, erosion and other nuisance to neighbouring properties. 3. Storm water run-off from any downspout or any surface shall not be drained onto neighbouring properties, unless designed. 4. Every Property shall be graded and maintained to prevent ponding or the entry of storm water into a Basement or Cellar. 5. Natural drainage, drainage swales, ditches or watercourses shall be maintained to facilitate the natural flow of water and prevent ponding. 6. No Person shall connect or permit any connection of any weeping tile, foundation drain, roof drain, or land drain into any sanitary sewer, or combined sewer, and no Person shall discharge, or permit to be discharged Page 277 of 303 12 | P a g e into any such sanitary sewer, or combined sewer, any foundation, roof or surface water or drainage. 7. No storm water or roof water shall be discharged onto a sidewalk, walkway, steps, porch or other pedestrian access to a Property which may be hazardous or create a risk of accident. 8. No fill shall be allowed to remain in an unleveled state on any Property for longer than fourteen (14) days, unless the Property is a construction site for which an active building permit is in effect or planning agreement is passed. 9. No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any Property for longer than thirty (30) days unless the Property is: a) a construction site for which a building permit is in effect; b) a Property being subdivided under subdivision agreement with the Town of Tillsonburg; c) Property being actively farmed. 10. Lot grading must comply with the original subdivision design or as amended and approved by the Engineering Department. 2.08 WALKWAYS AND DRIVEWAY 1. There shall be a walk leading from the principal entrance of every building to the street. Such walks may lead to a driveway or hard surfaced area provided such area leads to a street. The surfaces of steps, walks, driveways, parking spaces and similar areas of the Yard shall be maintained so as to afford safe passage under normal use. 2.09 PARKING LOTS 1. Parking lots, driveways and other similar public access areas of a Yard shall be maintained so as to afford safe passage under normal use. 2. Parking lots, driveways and other similar public access areas of a Yard shall be kept clean and free of litter, rubbish, waste, salvage, Refuse, debris and objects or conditions that might create a, fire, accident or health hazard. 2.10 EXTERIOR LIGHTING 1. Every stairway, exterior exit and entrance doorway, Cellar, Basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order. Page 278 of 303 13 | P a g e 2. All underground parking areas and common areas shall be illuminated so as to provide safe passage 3. Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in good repair. 4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from the adjacent lots. 5. The exterior lighting shall be placed and maintained, or have a barrier or shade placed and maintained so as to prevent or block direct illumination on an adjacent Property except for; a) Lighting used by the Town or Provincial or Federal government; and b) Lighting located on any Property owned by the Town or, Provincial or Federal government. 6. Where it appears that exterior lighting may effect adjacent properties the officer may order that the Owner provide a study or report to assess the impacts of the exterior lighting on neighbouring properties. 2.11 RETAINING WALL 1. All Retaining Walls, screen walls and ornamental walls shall be constructed of durable material and shall be maintained in a structurally sound condition. Such maintenance includes: a) redesigning, repairing or replacing of all deteriorated, damaged, misaligned; or b) missing portions of the wall and any railings or Guards appurtenant thereto; c) installing subsoil drains where required to maintain the stability of the wall; d) grouting masonry cracks; and/or e) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather resistant material. 2.12 WELLS-CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 1. Every Property shall be kept free of all unused excavations, empty in-ground pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any Property, and may Page 279 of 303 14 | P a g e constitute a health or safety hazard or exceed a depth of 60 cm (24 inches), a Fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.22 metres (4 feet) above the grade level at the perimeter of each of them. As per the requirement of the Fence by-law. 2.13 ACCESSORY BUILDINGS 1. The foundations, walls, roofs and all parts of accessory buildings and other structures shall be: a) constructed with suitable materials; b) maintained in good repair; c) protected from deterioration by the application of paint or other suitable protective material; d) capable of sustaining the loads that may be applied thereto as a result of use in accordance with the requirements of the Ontario Building Code. e) maintained in a structurally sound condition, free from health, fire and safety hazards. f) kept free of rodents, vermin, and injurious insects 2. Storage sheds and other accessory buildings shall be securely anchored to the ground. 2.14 FENCE 1. A Fence erected on a Property shall be maintained in a safe and structurally sound condition so as to be capable of sustaining safely its own weight together with any load to which it might reasonably be subject to: a) shall be free of dangerous objects; b) be reasonably plumb, unless specifically designed to be other than vertical. 2. The Owner of any Property used for Multiple-Dwelling, commercial, institutional, or industrial purposes shall maintain a Visual Barrier where such Property is used for the parking, access, and exiting of Vehicles by tenants, employees, or customers or when used for the operation of equipment or when used for the storage of goods, or when used for any other purpose which may detract from the quiet enjoyment and good appearance of an abutting Residential Property. 2.15 TOWER-GANTRIES-MASTS-ANTENNAE 1. Towers, gantries, masts, antennae and structures of similar character and any attachment thereto shall be maintained: Page 280 of 303 15 | P a g e a) reasonably plumb, unless specifically designed to be other than vertical; b) in good repair; and c) in a safe and structurally sound condition. 2.16 SIGNS 1. A sign and any structure connected therewith shall be installed and maintained: a) in good repair without any visible deterioration; b) in a safe and structurally sound condition; and c) in a reasonably vertical plane unless otherwise approved by the Town of Tillsonburg. 2. Any unused or discarded sign(s) shall be removed from the Property. PART 3 EXTERIOR OF BUILDINGS AND STRUCTURES 3.01 STRUCTURAL ADEQUACY-CAPACITY 1. All Repairs and maintenance of Property required by the Standards prescribed in this By-law shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose. 2. Every part of a Property shall be maintained in good repair and in a structurally sound condition so as: a) to be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected; b) to be capable of safely accommodating all normal structural movements without damage, decay or deterioration; c) to prevent the entry of moisture that would contribute to damage, decay or deterioration; and d) to be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. 3. Where it appears that the structural integrity or condition of a Building, structure, or part thereof may be adversely affected by damage or deterioration, the Officer may order that a structural engineering assessment and report be conducted and prepared by a professional engineer licensed in Ontario. The report shall include a) all deficiencies of structural concern; b) the contributory cause of the damage; Page 281 of 303 16 | P a g e c) the required Repairs and plan for remediation; d) the recommended timelines for Repair; and e) upon receipt of the report, it shall be produced to the Officer forwith. 4. Where Repairs are required, the Owner shall obtain a building permit and repair, or cause to be repaired, the Building, structure, or part thereof, in accordance with the Repair methods, and timelines described in the report. 3.02 FOUNDATION WALLS-BASEMENTS 1. All foundation walls and the basement, Cellar or crawl space floors shall be maintained in good repair and structurally sound. 2. Every basement, Cellar and crawl space in a Property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY 1. All exterior walls and surfaces of every building or structure shall be sound, plumb, and weather tight, free from loose or unsecured objects and maintained in good repair. 2. Exterior walls shall be in good repair free from cracked or broken masonry units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose stucco, lose or unsecured objects; 3. Shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weather tight finishing, or the installation of termite shields, if required. 4. All exterior surfaces that have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 5. Every part of a building including the exterior shall be maintained in a structurally sound condition and so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. 3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS 1. Windows, skylights, exterior doors and frames, Basement or Cellar hatchways, attic access doors including storm and screen doors and storm windows shall be maintained in good working order, good repair, in a Safe Condition and shall be of such construction so as to prevent the entrance of Page 282 of 303 17 | P a g e wind, snow or rain into the building and to minimize heat loss through infiltration. 2. At least one entrance door in every Dwelling Unit shall have hardware so as to be capable of being locked from inside and outside the Dwelling Unit. 3. All windows capable of being opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured from inside the building. 4. In every multi-residential Dwelling where a security locking and release system has been provided in the front or rear lobby for the entrance into the Multiple Dwelling and that system is controlled from each Dwelling Unit, such system shall be maintained in good repair and in operating condition. 5. Where a window is above the second storey and the window is lower than 1000mm (39") from the floor, the maximum the window can open is 100mm (4") and where a door or sliding door is not serving a balcony or landing, it shall be protected by a Guard conforming to the Ontario Building Code. 6. All windows capable of being opened shall be equipped with a screen to prevent the passage of insects and the screen shall be maintained in a good condition. 3.05 WINDOW SCREENS 1. When an exterior opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure, it shall be protected with: a) mesh screening, metal grills, or other equivalent durable rust proof material; or b) other protection so as to effectively prevent the entry of rodents, large insects or vermin. 3.06 CANOPIES-MARQUEES-AWNINGS 1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust. 2. All canopies, marquees and awning material must be in good condition, free of damage or fading. 3.07 ROOF 1. Every roof and all of its components shall be maintained in good repair and in a safe and structurally sound condition. Page 283 of 303 18 | P a g e 2. Without restricting the generality of this Section, such maintenance includes: a) removal of loose, unsecured or rusted objects or materials; b) removal of dangerous accumulations of snow or ice; c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water into the building; and d) Keep all roof-related structures plumb unless specifically designed to be other than vertical. 3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING 1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior ducts shall be properly secured free from loose or unsecured objects, free from obstructions and health hazards, weather-tight, free of holes and maintained in good repair. 2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be kept free from rust by application of a suitable protective material such as paint, and shall be renewed when necessary. 3. Roof drainage shall be discharged onto the ground at least 1 metre (39 inches) from the building or structure, when it is physically possible to do so, providing that it does not adversely affect adjacent properties, or cause erosion. 3.09 CHIMNEY FLUES 1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be constructed, installed and maintained as per the applicable codes and or standards. 2. Any fuel burning heating equipment used in a building shall be properly vented to the exterior by means of an approved smoke pipe, vent pipe or chimney. 3. If an officer has reason to believe that a chimney, smoke stacks, flues, ducts and other similar equipment is damaged or not working properly the Officer may request a report from a Wood Energy Technology Transfer (WETT) certified inspector. 3.10 GARAGE-CARPORT 1. The construction between an attached or built-in garage or carport and a Dwelling Unit shall provide an effective barrier to gas and exhaust fumes. 2. Garages and carports shall be maintained in good repair and free from hazards. Page 284 of 303 19 | P a g e PART 4 INTERIOR OF BUILDINGS AND STRUCTURES 4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS 1. In every building, all structural components including but not limited to all joists, beams, studding, and roof rafters, shall be of sound material and adequate for the load to which they are subjected. 2. The foundation walls and the basement, Cellar or crawl space floors shall be maintained in good repair and structurally sound. Every basement, Cellar and crawl space in a Property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 4.02 WALLS-CEILINGS 1. Every wall and ceiling shall be maintained in good repair, free of conditions, which may create a health, fire or safety hazard. 2. Where sound transmission ratings are required in accordance with the provisions of the Ontario Building Code, they shall be maintained in good repair. 3. Where non-combustible construction, fire separations, firewalls, fire resistance ratings and other fire protection measures are required in accordance with the provisions of the Ontario Building Code, or in accordance with the Ontario Fire Code, they shall be maintained in good repair. 4. In any bathroom the walls above a bathtub equipped with a shower or a shower stall shall be maintained as to be water resistant. 4.03 FLOORS 1. Every floor shall be smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards that may create an unsafe condition or surface. Such defective floors shall be repaired or replaced. 2. Where a floor covering has become worn or torn so that it retains dirt or may create an unsafe condition, the floor covering shall be repaired or replaced. 3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of water-resistant material and be capable of being cleaned. 4. Every Cellar and Basement shall have a floor of concrete or other material acceptable under the provisions of the Ontario Building Code, to ensure water drainage and to Guard against the entry of vermin. Page 285 of 303 20 | P a g e 4.04 STAIRS- HANDRAILS-GUARDS 1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony together with any Guard, balustrade, railing, screen or other appurtenance attached thereto shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of Section 4.04, such maintenance includes: a) Repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose, depressed, protruding or otherwise defective; b) Repairing, replacing or supporting structural members that are decayed, damaged, weakened, lose or missing; and c) Providing, repairing or replacing balustrades, Guards and railings. 3. A Guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of a vacant buildings are exempt from the provisions of 4.04 if section 6.03 has been complied with. 4.05 ELEVATORS 1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator buttons, floor indicators, emergency communication and ventilation fans shall be maintained in good repair and operational. 2. The walls, floors and ceilings of elevators shall be kept clean and free from dirt or defacements. 3. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and other elevating devices shall be installed and maintained in good working order, good repair; and in a Safe Condition in accordance with the requirements of the Technical Standards and Safety Act, 2000, as amended from time to time. Page 286 of 303 21 | P a g e 4.06 MEANS OF EGRESS 1. Every building, structure or Dwelling Unit shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level as per the Ontario Building Code and Ontario Fire Code. 2. Exterior stairs and fire escapes shall be maintained in a safe state of Repair and kept free of ice and snow. 3. A required means of egress shall not pass through an attached or built-in garage or an enclosed part of another Dwelling Unit. 4. In every multi-residential dwelling where a security locking-and-release system has been provided in the front or rear lobby for the entrance into the Multiple Dwelling and that system is controlled from each Dwelling Unit, such system shall be maintained in good repair and in an operating condition. 5. All means of egress within a Non-Residential Property shall be: a) maintained free from all obstructions or impediments; b) provided with clear, unobstructed and readily visible exit signs, for every required exit; and c) provided with lighting facilities capable of illuminating the means of egress to ensure the safe passage of persons exiting the building. 4.07 FIRE PROTECTION 1. Fire protection for all buildings shall be provided in conformity with the provisions of the Ontario Building Code and Ontario Fire Code. Without limiting the generality of the foregoing, fire protection shall include non- combustible construction, flame spread ratings, fire resistance ratings, fire protection ratings, permitted openings, firewalls, fire separations, fire dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke detectors, smoke alarms, and firefighting access to and within buildings. 2. All buildings of residential occupancy, smoke alarms shall be provided and installed by the Owner. Smoke alarms shall be installed on or at the ceiling level of each floor and on the ceiling in the Basement and in a location where the alarm is audible within the bedrooms when the doors are closed. 3. All fire protection construction, components thereof, appliances and equipment shall be maintained in good repair and in good operating condition Page 287 of 303 22 | P a g e 4.08 SEPARATIONS 1. Every Dwelling Unit shall be maintained and protected so as to prevent the passage of noxious fumes and gases from a part of the building that is not used for human habitation into other parts of the Dwelling Unit. 4.09 HEATING- AIR CONDITIONING 1. Every residential Dwelling shall have functional heating equipment to maintain a minimum temperature of 21°Celsius (70 °Fahrenheit). 2. The heating system and hot water system required and other mechanical systems shall be provided, maintained and operated: a) in accordance with the respective requirements of any applicable Code or By-law; and b) in good working condition and good repair and in a Safe Condition. 3. No residential Dwelling Unit shall be equipped with portable heating equipment as the primary source of heat. 4. Wood stoves within a Dwelling and any other Property shall be maintained in accordance to Canadian Standards Association's standard -B 365-M. 5. All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 6. All air conditioners and air conditioning systems shall be maintained in good repair, free of conditions which may constitute a health, fire or safety hazard. 4.10 VENTILATION 1. Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and maintained in all rooms and spaces within a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon monoxide, vapours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 2. Ventilation systems shall be cleaned regularly and installed, used and maintained: a) in conformance with the requirements of the Building and Fire Codes; b) in good working condition and good repair; and c) in a Safe Condition. 3. When an exterior opening is used or required for ventilation and is not required to be protected by a door, window or similar closure, it shall be protected with screens in accordance with this By-law. Page 288 of 303 23 | P a g e 4. An opening for natural ventilation may be omitted from a bathroom or Toilet Room where a system of mechanical ventilation has been provided. 5. Every basement, Cellar, unheated crawl space and attic shall be vented and such vents shall be designed and maintained to prevent entry of snow, rain, rodents and insects. 4.11 ELECTRICAL 1. Every Dwelling and Dwelling Unit shall be wired for electricity and shall be connected to an approved electrical supply system, an adequate supply of electrical power shall be available in all occupied parts of every dwelling, suite and building. 2. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers and other appurtenances thereto shall be installed and maintained in good working order, and in conformity with the regulations of electrical safety Authority designated under the Electricity Act. 3. Extension cords are not permitted on a permanent basis. 4.12 LIGHTING 1. Every stairway, exterior exit and entrance doorway, bathroom, Toilet Room, kitchen, hall, Cellar, basement, laundry, furnace room and Non-Habitable work room in a suite, Dwelling unit or building shall have a permanently installed lighting fixture that shall be maintained in a Safe Condition and in good working order. 2. All lighting, including exit lighting and emergency lighting shall conform to the provisions of the Ontario Building Code and shall be maintained in good working order. 3. Lighting shall be installed throughout every Property to provide adequate illumination for the use of each space so as to provide safe passage. 4.13 PLUMBING 1. All plumbing systems drain pipes, water pipes and plumbing fixtures in every building and every connecting line to the Sewage System shall be maintained in good working condition and free from leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. 2. Plumbing systems on a Property shall be provided, installed and maintained: Page 289 of 303 24 | P a g e a) in compliance with the respective requirements of any applicable Code, Act or By-law; b) in good working condition and good repair; and c) in a Safe Condition. 3. All plumbing fixtures shall be connected to discharge to the municipal sewer system or to an Approved private sanitary system through water sealed traps. 4.14 WATER SUPPLY 1. Every Property, the use or occupancy of which requires a water supply, shall be provided with an adequate supply of potable water from a public or private water supply, approved by the local authority designated under the Clean Water Act 2006, SO 2006 c22. 2. Where an approved public or community water supply is available, every Dwelling Unit shall be connected thereto. 3. Where a piped water supply is available, piping for hot and cold water shall be connected to every kitchen sink, lavatory, bathtub, shower, slop sink and laundry area and piping for cold water shall be run to every water closet and hose bib. 4. Every water heater installed for the purpose of supplying hot running water to the Occupants of a Property shall be capable of heating water to a minimum temperature of +49C (120 F). 5. Replacement hot water heaters shall have a thermostatic mixing value limiting water temperature to a maximum of +49C (120 F). As per the Ontario Building Code. 4.15 SEWAGE SYSTEM 1. Sanitary Sewage from any building shall be discharged into the municipal Sanitary Sewage System, or into a private Sewage System approved under Part 8 of the Ontario Building Code, and not otherwise. 2. The land in the vicinity of a private Sewage System shall be maintained in a condition that will not cause damage to, or impair the functioning of the Sewage System. 4.16 VERMIN CONTROL 1. Every Property shall be maintained so as to be free from Vermin and conditions that may promote an infestation at all times. Page 290 of 303 25 | P a g e 2. Openings in buildings, Cellars, soffits, facia, and crawl space shall be protected to prevent the entrance of wildlife, rodents, vermin, insects and pests. PART 5 ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 1. A Non-Habitable Room shall not be used as a Habitable Room. 2. No kitchen or furnace room shall be used as a bedroom. 3. Height and size of rooms or spaces for the purpose of calculation shall comply with the regulations of the Ontario Building Code. 4. No Basement or portion thereof shall be used as a Dwelling Unit, unless it meets the following requirements: a) access to each Habitable Room shall be gained without passage through a furnace room, boiler room or storage room; b) each Habitable Room shall comply with all the requirements for ingress, egress; c) light, ventilation and ceiling height set out in this By-law; and d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water. 5. No room or area shall be provided for sleeping purposes unless: (a) it has been constructed with a building permit and reviewed for sleeping purposes; and (b) is in conformance with the Ontario Building Code requirements for the construction of a bedroom. 5.02 TOILET AND BATHROOM FACILITIES 1. Every Dwelling Unit shall contain plumbing fixtures in good repair and in an operative condition, consisting of a minimum of one toilet, one sink, and one bathtub or shower. 2. All bathrooms and Toilet Rooms shall be located within and accessible from within the Dwelling Unit. 3. All bathrooms and Toilet Rooms shall be fully enclosed and maintained so as to provide privacy for the Occupant. Page 291 of 303 26 | P a g e 4. No toilet or urinal shall be located within a bedroom or a room that is used for the preparation, cooking, storing or consumption of food. 5.03 KITCHEN AND LAUNDRY 1. Every kitchen shall be provided with an approved, connected, and operating electrical or gas supply for cooking and refrigeration appliances. 2. Every kitchen appliance which is supplied, shall be maintained in good repair. 3. Every Dwelling Unit shall have a kitchen with a sink, stove, fridge, cupboards, and countertop. 4. Every laundry appliance which is supplied, shall be maintained in good repair, and serviced by an approved, connected, and operating electrical or gas supply. 5. Laundry drying equipment shall have a dedicated exhaust duct discharging directly to the outdoors. 6. Laundry drying equipment exhaust ducts shall be maintained free from obstructions. 5.04 INTERIOR DOORS, COUNTERTOPS, CUPBOARDS 1. Every interior door, closet door, cupboard door, countertop, cupboard, vanity, shelf, and their appurtenances shall be maintained in good repair. PART 6 VACANT- DAMAGED-DEMOLITION 6.01 VACANT LAND 1. Vacant land shall be maintained to the Standards as described in Part 2, of this By-law. 2. Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. 6.02 VACANT PROPERTIES 1. The Owner of any vacant buildings shall protect such building against the risk of fire, accident, damage or other danger thereto or to adjoining premises by effectively preventing the entry thereto by all unauthorized persons. 2. Where entry to a Building cannot be sufficiently prevented by the locking of doors, windows, and other openings, the entry shall be prevented as follows: Page 292 of 303 27 | P a g e a) All boarding must be minimum ½ inch exterior grade plywood (not particleboard, fiberboard, or other forms of board sheathing); b) Boarding must be cut to completely and securely fit within all exterior structural openings; c) All boarding shall be maintained in good repair; d) All boarding shall be installed from the exterior; e) All boarding shall be fastened using wood screws only. Screws must be countersunk and not less than 2 inches in length. Each screw shall be spaced not more than 4 inches on center around the entire perimeter of each plywood board; f) All boarding shall be fitted securely and in a watertight manner to fit within the side jambs, the head jamb, and the exterior bottom sill of the door or window opening so the exterior trim and cladding remains uncovered and undamaged by the boarding, and so as not to be easily detached by hand; g) All boarding used on windows and door openings shall be painted using exterior grade paint in a matt black; h) All other boarding shall be painted using exterior grade paint in a colour that blends with the exterior of the Building or structure; 3. If the aforementioned measures in 6.02.(2) prove insufficient to secure openings, additional augmentation measures shall be required, consisting of the installation of steel mesh enclosures or steel panels overall boarded ground floor openings. 4. Where a building remains vacant or unoccupied for a period of more than ninety days, the Owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other danger to the Property or adjoining premises. 5. The Owner of a Vacant Building shall post "No Trespassing" signs on all exterior points of access to the Property and signs shall comply with the Sign By-law. 6. If a Vacant Building becomes Derelict as defined in this by-law, the Owner or their agent shall bring the building into compliance with all structural and exterior maintenance provisions of this by-law or such building shall be demolished in accordance with the Building Code Act. 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 1. A building or portion thereof, damaged by fire or other causes, shall be restored to its original condition and repaired as may otherwise be required by this by-law or the building shall be demolished or the damaged portion removed. Page 293 of 303 28 | P a g e 2. Where a building is damaged by accident, storm, fire, neglect or other causes or intentional damage, immediate steps shall be taken to prevent a condition which might endanger persons on or near the Property and the building or structure shall be properly supported and barricaded until the necessary demolition or repairs can be carried out. 3. Where a building is damaged by accident, storm, fire, neglect or other causes or intentional damage, the Owner shall protect the building against further risk or further damage, accident or other danger, and shall secure each opening to the building to the Standards in 6.02.(2). 4. The exterior walls and other surfaces of the building shall have smoke damage or other defacement removed and surface refinished. 5. In the event the building, accessory building, Fence or structure is beyond Repair, the land shall be cleared of debris, and rubble and shall be left in a graded, level and Safe Condition without unreasonable delay. 6.04 DEMOLISH BUILDING 1. Where a building, accessory building, Fence or other structure is demolished, the Property shall be cleared of all rubbish, waste, debris, Refuse, Rubble, masonry, lumber and left in a graded and level condition. 2. Where a building, accessory building, Fence or other structure is being demolished, every precaution shall be taken to protect the adjoining Property and members of the public. The precautions to be taken include the erection of Fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining Property and members of the public. 3. Without restricting the generality of Section 6.04.(2) such repairs shall include: (a) Abating any unsafe condition; and (b) Refinishing so as to be in harmony with adjoining undamaged surfaces 4. The Owner of any building or part thereof being demolished shall leave any remaining wall or walls (including any former party wall or walls, whether separately or jointly owned) structurally sound, weather tight, in a Safe Condition and in conformity with the standards in the Ontario Building Code. 5. Prior to demolishing any building, a Demolition Permit must first be obtained from the building department. Page 294 of 303 29 | P a g e PART 7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 1. This By-law shall apply to all Property within the limits of the Town. 7.02 MEASUREMENT 1. The imperial measurements contained in this By-law are given for reference only. 7.03 PROPERTY STANDARDS COMMITTEE 1. A Property Standards Committee shall be established which shall be composed of a minimum of three (3) persons appointed from time to time by the council, each of who shall be resident ratepayers of the Town of Tillsonburg. 2. Each member of the Committee shall hold office for a term of four (4) years, and shall coincide with the council term. 3. When a vacancy occurs in the membership of the Committee, the council shall forthwith fill the vacancy. 4. The members of the Committee shall elect one of themselves as chairman, and when the chairman is absent, the Committee may appoint another member as acting chairman. Any member of the Committee may administer oaths. 5. The members of the Committee shall be paid such compensation as the council may provide, which shall be recorded by resolution of the council. 6. Secretarial services for the Committee shall be provided through the offices of the Town Clerk. 7. The secretary shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and sections 253 and 254 of the Municipal Act, 2001 applies with necessary modifications to such documents. 8. A majority of the Committee constitutes a quorum and the Committee may adopt its own rules of procedure but before hearing an appeal shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive such notice. Page 295 of 303 30 | P a g e 7.04 PROPERTY STANDARDS OFFICER- DUTIES 1. It shall be the duty of every Officer to administer and enforce the provisions of this by-law and in the performance of such duty, he/she shall have all the powers and responsibilities set forth in the Ontario Building Code Act and the Regulations made pursuant to the said Act. 7.05 INSPECTION AND ENTRY 1. Where a by-law under section 15.1 of the Building Code is in effect, an Officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine: (a) If the property conforms with the Standards prescribed in the by-law; or (b) if order made under subsection 15.2 (2) of Building Code has been complied with. 2. An Officer shall not enter or remain in any room or place actually being used as a dwelling unless; (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused, and entry made only under the authority of a warrant issued under the Building Code Act; (b) a warrant issued under the Ontario Building Code Act is obtained; (c) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; (d) the entry is necessary to terminate a danger under the Building Code for Emergency Orders; (e) the requirements of the Notice being served under the Building Code Act are met and the entry is necessary to remove a building, restore a site, remove an unsafe condition, Repair or demolish under the provisions of the Building Code Act. 7.06 ORDER 1. An officer who finds that a property does not conform to any of the Standards prescribed in this by-law may make an order, a) stating the municipal address or the legal description of such property; b) giving reasonable particulars of the Repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or Refuse and left in a graded and leveled condition; Page 296 of 303 31 | P a g e c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the Repair or clearance is not carried out within that time, the municipality may carry out the Repair or clearance at the Owner's expense; and d) indicating the final date for giving notice of appeal from the order. 7.07 SERVICE AND POSTING OF ORDER 1. The order shall be served on the Owner of the Property and such other Persons affected by it as the Officer determines and a copy of the order may be posted on the Property in a location visible to the public. 2. No Person shall obstruct the visibility of an order and no Person shall remove a copy of an order posted under this Act unless authorized to do so by an inspector, Officer or registered code agency. 3. The order shall sent by registered mail to the last know address or by sent by the last known e-mail address. 4. An order sent by registered mail is deemed served five (5) days after the registered mail has been sent. 5. An order sent by e-mail is deemed to have been served on the day sent unless sent after 5 pm in which case the service date will be the following day. 7.08 REGISTRATION OF ORDER 1. The order may be registered in the proper land registry office and, upon such registration, any Person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 7.07 and, when the requirements of the order have been satisfied, the Clerk of the Town shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 7.09 RECOVERY OF COSTS RELATIVE TO ORDER 1. Where an Owner or Occupant fails to comply with an order issued under this bylaw within the time stipulated in the order the Corporation costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Corporation by the Property Owner including disbursements as specified in the Rates & Fees By-law. Page 297 of 303 32 | P a g e 7.10 APPEAL TO PROPERTY STANDARDS COMMITTEE 1. An Owner or Occupant who has been served with an order made under and who is not satisfied with the terms or conditions of the order may appeal to the Committee by sending a notice of appeal by registered mail to the secretary of the Committee within 14 days after being served with the Order. 2. An Owner or Occupant who appeals an order shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Towns Rates & Fees By- law. 3. The Secretary of the Committee shall, upon receipt of the notice of appeal, create a hearing date and shall provide notice of the hearing at least (14) fourteen days prior to the hearing date. 4. A Person who files an appeal and does attend the Property Standards Committee Appeal hearing the order will be confirmed. Confirmation of order 5. An order that is not appealed within the time referred to in 7.10 (1) shall be deemed to be confirmed. Duty of Committee 6. The Committee shall hear the appeal. Powers of committee 7. On an appeal, the Committee has all the powers and functions of the Officer who made the order and the Committee may do any of the following things if, in the Committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement: (a) Confirm, modify or rescind the order to demolish or Repair. (b) Extend the time for complying with the Order. Appeal to court 8. Any Owner or Occupant or Person affected by a decision under subsection 7.10 may appeal to the Superior Court of Justice by notifying the Clerk of the Town in writing and by applying to the court within (fourteen) 14 days after a copy of the decision is sent. The Owner or Occupant must pay the fee specified in the Rates & Fees By-law. Page 298 of 303 33 | P a g e Appointment 9. The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the persons upon whom the appointment is to be served. Judge’s powers 10. On the appeal, the judge has the same powers and functions as the Committee. Effect of decisions 11. An order that is deemed to be confirmed under or that is confirmed or modified by the Committee or a judge, shall be final and binding upon the Owner and Occupant who shall carry out the Repair or demolition within the time and in the manner specified in the order. 12. The Secretary of the Committee shall give a copy of its written decision to the appellant and the Officer who issued the order. 7.11 POWER OF TOWN IF ORDER IS NOT COMPLIED WITH 1. If an order is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the Committee or a judge, the Town may cause the Property to be repaired or demolished accordingly. Warrantless entry 2. For the purpose of subsection 7.11(1), employees or agents of the Town may enter the Property at any reasonable time without a warrant in order to repair or demolish the Property. No liability 3. Despite subsection 31 (2) of the Building Code Act, a municipal corporation or a person acting on its behalf is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers. Lien 4. The municipality shall have a lien on the land for the amount spent on the repair or demolition under 7.11(1) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001. Page 299 of 303 34 | P a g e 7.12 CERTIFICATE OF COMPLIANCE 1. Following the inspection of a Property, the Officer may, or on the request of the Owner shall, issue to the Owner a certificate of compliance if, in his opinion, the Property complies with the standards of this by-law. The fee payable for a certificate of compliance issued at the request of the Owner shall be as set out in the Rates & Fees By-law. PART 8 EMERGENCY POWERS 8.01 EMERGENCY ORDERS 1. If, upon inspection of a building, an Officer is satisfied that a building poses an immediate danger to the health or safety of any person, the Chief Building Official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.02 SERVICE 1. The order shall be served on the Owner of the Property and each Person apparently in possession of the building and such other Persons affected thereby as the Chief Building Official determines and a copy shall be posted on the building. 8.03 EMERGENCY POWERS 1. After making an order under section 8.01, the Chief Building Official may, either before or after the order is served, take any measures necessary to terminate the danger, and, for this purpose, the Chief Building Official, an Officer and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 2. The Officer, the municipality or anyone acting on behalf of the Municipality is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the Chief Building Official or an Officer in the reasonable exercise of his or her powers under section 8.03. 3. If the order was not served before measures were taken to terminate the danger, the Officer shall serve copies of the order in accordance with section 8.02 as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the Officer describing the measures taken by the Municipality and providing details of the amount expended in taking the measures. Page 300 of 303 35 | P a g e 8.04 SERVICE OF STATEMENT 1. If the order was served before the measures were taken, the officer shall serve a copy of the statement mentioned in section 8.02 in accordance with section 8.02 as soon as practicable after the measures have been taken. 8.05 APPLICATION TO COURT 1. As soon as practicable after the requirements of sections 8.02 and 8.04 have been complied with, the Chief Building Official shall apply to a judge of the Superior Court of Justice to confirm the order made under section 8.01 and the judge shall hold a hearing for that purpose. 8.06 POWERS OF JUDGE 1. The judge in disposing of an application under section 8.05 shall, a) confirm, modify or rescind the order; and b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all. 8.07 ORDER FINAL 1. The disposition under section 8.06 is final. 8.08 MUNICIPAL LIEN 1. The amount determined by the judge to be recoverable shall be a lien on the land and shall be deemed to be municipal real property taxes and may be added by the Clerk to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. PART 9 OFFENCES 9.01 FINES 1. Any Person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. 2. Every director of officer of a corporation who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine not more than $500,000 for a first offence and $1,500,000 for a subsequent offence. Page 301 of 303 36 | P a g e PART 10 SEVERABILITY 10.01 SEVERABILITY 1. In the event that any provision or part of this By-Law is found to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the By-Law and all other provisions or parts thereof shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law. PART 11 REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE 1. That By-law No. 2023- _______ take effect immediately and that By-law No. 3638 and all associated amendments, passed by the Council of the Town of Tillsonburg on the 13th day of August 2012 be hereby repealed. READ A FIRST TIME AND SECOND TIME THIS________DAY OF________2023 READ A THIRD AND FINAL TIME AND PASSED THIS ___DAY OF _________2023. _________________________ MAYOR – Deb Gilvesy __________________________ TOWN CLERK – Tanya Daniels Page 302 of 303 Page 1 of 1 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2023-048 A BY-LAW to confirm the proceedings of Council at its meeting held on May 23, 2023. 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 May 23, 2023, 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. 5. READ A FIRST AND SECOND TIME THIS 23rd DAY OF MAY, 2023. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF MAY, 2023. ___________________________ MAYOR – Deb Gilvesy ______________________________ CLERK – Tanya Daniels Page 303 of 303