10022014 Council MINTown of Tillsonburg
Minutes of Council
Meeting Date:
Monday February 10, 2014
6:00PM
Council Chambers
Chair: John Lessif
Review Access: e Public 0 Private
MINUTES
Town of Tillsonburg
Council Meeting
on
Monday February 10,2014 06:00PM
Council Chambers ' . . · ... -.-.. .
Chair: John Lessif
Orders ofthe Day:
CALL TO ORDER
The meeting was called to order at 6:10 pm.
ATTENDANCE
Mayor John Lessif
Deputy Mayor Mark Renaud
Councillor Dave Beres
Councillor Mel Getty
Councillor Marty Klein
Councillor Chris Rosehart
Councillor Brian Stephenson
Staff:
David Calder, CAO
Donna Wilson, Town Clerk
Darrell Eddington, Director of Finance
Steve Lund, Director of Operations
Rick Cox, Director of Parks & Recreation Services
Jeff Smith, Fire Chief
ADOPTION OF AGENDA
Resolution No. 1:
Moved By: Councillor Rosehart Seconded By: Councillor Getty
THAT the Agenda as prepared for the Council Meeting of February 10, 2014, be adopted.
"Carried"
CLOSED MEETING SESSION
Resolution No. 2:
Moved By: Councillor Rosehart Seconded By: Councillor Getty
THAT Council move into Closed Session, to consider:
021014
Page 1
1.111'0-I .__• I•I"V'-"\,111:::1 '"-'' \,II"V -"VIIIIIII\,\,"V"V ._,t-'"VII _.._,._.11"VII
Matters relating to a advice that is subject to solicitor-client privilege (Oakpark Subdivision);
Matters in respect of which a council, board, committee or other body may hold a closed meeting
under another Act (Hydro Board).
"Carried"
MOMENT OF REFLECTION
DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Minutes of the Meeting of January 27, 2014 C:'l
Resolution No. 3:
Moved By: Councillor Beres Seconded By: Councillor Stephenson
THAT the Minutes of the Council Meeting of January 27,2014 be approved.
"Carried"
DELEGATIONS-postponed until 6:50p.m.
1. Delegation-United Way presentation -Feb 10 2013 IZ'l
Presented By: Rick Cox, Director of PRS & Kelly Gilson, Executive Director United Way
Presentation to Town by United Way grant cheque for F.A.R.E. program.
Council suggest that this be part of the Unity Way's communication strategies.
People interested to contact the Community Centre Manager, Janet McCurdy to obtain further
information and an application for the program.
Individuals can donate to the United Way at any time for this program or a variety of other
programs.
INFORMATION ITEMS
2. CASPO 2014-02 Conservation Ontario White Paper [j
3. Ontario Ministry of Transportation -Hwy 3 and Vienna Road Intersection Improvements [ill
4. Penetanguishene's Support of the New OPP Billing Model 012914 [8
5. OBIAA advocates for Main Street Businesses -Media Release -Virginia Armstrong -Director of the
OBIAA. 6;1
Page 2
'"" • .._, _ _,, ···~--~"'V ,_., ~··~ ._,_.,, .. ,.,~~_._. --r---·· ._,_. ..... ,_. ..
6. AMO Correspondence -Recent Developments in Joint and Several Liability-Municipal Action
Needed
AMO Communications. pdf
Council has agreed to send out the correspondence as requested by AMO and a copy will be also sent to
MPP Ernie Hardeman.
7. AMO Correspondence-OPP Billing Steering Committee
AMO Corr. OPP Billing Steering Committee.pdf
CHIEF ADMINISTRATIVE OFFICER
8. CAO 14-03 Consent to Non-Disturbance Agreement-Bulk Barn bb
Presented By: David Calder, CAO
Resolution No. 4:
Moved By: Councillor Klein Seconded By: Councillor Beres
THAT Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk Barn;
AND THAT a By-Law to authorize the Mayor and Clerk to sign the Non-Disturbance Agreement-
Bulk Barn be brought forward for Council consideration.
"Carried"
DEVELOPMENT & COMMUNICATIONS
9. DCS 14-10 Request for Expressions of Interest-253 Broadway Property I]
Presented By: Cephas Panschow, Development Commissioner
Resolution No. 5:
Moved By: Councillor Klein Seconded By: Councillor Beres
THAT Council receive Report DCS 14-10 Request for Expressions of Interest-253 Broadway
Property;
AND THAT staff be authorized to release the Request for Expressions of Interest for the 253
Broadway Property.
"Carried"
FIRE & RESCUE SERVICES
Page 3
10. FRS 14-02 Water Ice Rescue Program Implementation D
Presented By: Jeff Smith, Fire Chief
Resolution No. 6:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT Council receive Report FRS 14-02 Water Ice Rescue Program Implementation as
information .
"Carried"
OPERATIONS
11. OPS14-04 Noise By-Law Exemption-Highway #3 and Vienna Road Intersection Improvement [J
Presented By: Steve Lund, Director of Operations
Resolution No. 7:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT Council receive report OPS 14-04
AND THATt a variance to Noise By-Law 3002 be granted for night construction to complete the
median curb and surface course paving for the proposed roundabout at the intersection of
Highway #3 and Vienna Road.
"Carried"
DELEGATION-United Way Presentation was presented at this time.
COMMITTEES
Resolution:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT Council waive Section 4.3.5 of Procedural By-Law 3411, to add a grant request from the
Cultural Advisory Committee in order for Council to hear the request due to time restraints.
"Carried"
12. Cultural Advisory Committee request for funds
-,: 1ti
Cultural Committee.pdf Cultural Advisory Committee Application-Family Day 2014.pdf
The Tillsonburg Family Day Committee to provide Council with a report on the overall outcome of
the day which includes financial reporting.
Page 4
Resolution:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT Council receive Cultural Advisory Committee-Award of Cultural Funds;
AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward events on
Tillsonburg Family Day (February 17, 2014) including a free skate and swim.
"Carried"
BY-LAWS
13. By-Laws for the Meeting of February 10, 2014
By-Law 3795 to amend 3726 Parking Levy. pdf By-Law 3795, Schedule 'A'.pdf
Resolution No. 8:
Moved By: Councillor Getty Seconded By: Councillor Rosehart
THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain
lands within the Business Improvement Area (BIA)
By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre
Property Inc. C)
By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014. G],
be read for a first and second time and this constitutes the first and second reading thereof.
"Carried"
Resolution No. 9:
Moved By: Councillor Getty Seconded By: Councillor Rosehart
THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain
lands within the Business Improvement Area (BIA);
By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillson burg Centre
Property Inc.;
By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014.
be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the
same, and place the Corporate Seal thereunto.
"Carried"
ITEMS OF PUBLIC INTEREST
ADJOURNMENT
Moved By: Councillor Klein THAT the meeting be adjourned at 7:39p.m.
"Carried"
Page 5
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Approval Received: (0 of 1)
Donna Wilsonrrillsonburg (Tuesday February 11,
2014 10:37 AM)
Town of Tillsonburg
Page 6
MINUTES: Meeting for the Committee "Open Council"
Review Access: e Public 0 Private
MIIINUifE'S
Towill of Tillson bur€)
Council Meeting
on
Monday Januaf1Y 27, 2014 06:00PM
Coumdl Charnbelis
Chaili: Joltln lessif
Orders ofl the Day:
CALL TO ORDER
The meeting was called to order at 6:00pm.
ATTENDANCE
Mayor John Lessif
Deputy Mayor Mark Renaud
Councillor Dave Beres
Councillor Marty Klein
Councillor Chris Rosehart
Councillor Brian Stephenson
Staff:
David Calder, CAO
Donna Wilson, Town Clerk
Darrell Eddington, Director of Finance
Steve Lund, Director of Operations
Rick Cox, Director of Parks & Recreation Services
Jeff Smith, Fire Chief
Amber Zimmer, Deputy Clerk
Regrets:
Councillor Mel Getty
MAYOR'S OPENING REMARKS
Mayor commented on the current snow situation in Town and asked the Director of Operations to
comment on the snow removal process.
ADOPTION OF AGENDA
Resolution· No. 1 :
Moved By: Councillor Rosehart Seconded By: Councillor Stephenson
THAT the Agenda as prepared for the Council Meeting of January 27, 2014, be adopted.
012714
Page 1
MINUTES: Meeting for the Committee "Open Council"
Presented By: Matt Versteegh, Field and Flock Farms Ltd.
~ 'm
Letter -Request_for _adjustment_ to_ arable _Ia nds. pdf Analysis_of_Airport_Arable_Lands.pdf
~ "§)
Presentation-Request_ for_ adjustment_ to_ arable _lands. ppt
Item deferred to a future meeting
PUBLIC MEETINGS
4. Committee of Adjustment Application A 01-14, 14 Colin Ave. [g)
Presented By: Eric Gilbert, Development Planner
Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented
CASPO 2014-21.
Opportunity was given for comments and questions.
No one appeared in support, or opposition of the application.
Council passed the following resolution:
Resolution No. 4:
Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud
THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 01/14,
submitted by Performance Communities Realty Inc. for lands described as Lot 8, Plan 41 M-286 in
the Town of Tillson burg as it relates to:
1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Lot Coverage,
to increase the maximum permitted lot coverage from 40% to 42% to facilitate the construction of
a single detached dwelling, Subject to the following conditions:
i) A building permit for the single detached dwelling shall be issued within one year of the date of
the Committee's decision.
"Carried"
INFORMATION ITEMS
5. Notice of Poll -OGRA Board of Directors ~
6. Ontario Provincial Police News Portal -Lock it or Lose it [Yl
7. Union Gas-2014 Rates Application !Dl
8. Private Member's Resolution-Joint and Several Liability ~
9. Ontario Municipal Board Decision-B13-19-7, Leadsom ~
Staff to follow-up on previous planning resolution passed in December regarding the City of
Woodstock's request for Land Division matters to be heard at the lower tier level ..
CHIEF ADMINISTRATIVE OFFICER
Page 3
MINUTES: Meeting for the Committee "Open Council"
AND THAT Staff bring forward a by-law amendment to authorize Staff to deal with exemptions and
that Council be notified.
"Carried"
DEVELOPMENT & COMMUNICATIONS
13. DCS 14-08, Industrial Lands Agricultural Tender ~
Presented By: Development Commissioner
Resolution No. 8:
Moved By: Councillor Rosehart Seconded By: Councillor Stephenson
THAT Council receive Report DCS 14-08, Industrial Lands Agricultural Tender as information.
"Carried"
FINANCE
14. FIN 14-05, Photocopier RFP Results I1J)
Presented By: Director of Finance
Resolution No. 9:
Moved By: Councillor Stephenson Seconded By: Councillor Beres
THAT Council receives report FIN 14-05, Photocopier RFP Results;
AND THAT the supply of photocopiers be placed with Toshiba of Canada Limited;
AND THAT By-Law 3792 be brought forward for Council consideration.
"Carried"
Mayor Lessif called a recess at 7:17pm
Council resumed at 7:25pm
15. 2014 Business Plans and Budget
Presented By: Director of Finance
'm
2014 Business Plan and Budget 012714.pptx 2014 Business Plan and Budget Highlights 012714.pdf
~ ~
2014 budget guide 012714.pdf 2014 Capital Project List Summary.pdf
Staff to provide the breakdown of financial items that make up the Parks and Recreation Services
portion of the net levy cost per household.
Staff to create a budget reserve continuity schedule for the 2015 budget.
Resolution No. 10:
Moved By: Councillor Beres Seconded By: Councillor Stephenson
THAT the 2014 Business Plans and Budget presentation be received as information;
AND THAT the 2014 Business Plans and Budget in the amount of $12,761,037 be raised from
taxation;
AND THAT $100,000 be directed to reserves;
AND THAT a by-law to adopt the 2014 Business Plans and Budget be brought forward for Council
Page 5
MINUTES: Meeting for the Committee "Open Council"
21. LPRCA Minutes iY)
NOTICE OF MOTION
BY-LAWS
· 22. By-Laws for the Meeting of January 27, 2013 -m -m
By-Law 3794.pdf By-Law 3794 Schedule A. pdf By-Law 3794 Schedule B.pdf
Resolution No. 13:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT By-Law 3791, to adopt a Schedule of Fees for certain Municipal applications, service and
permits, !g)
By-Law 3792, to Authorize an Agreement Between the Corporation of the Town ofTillsonburg and
Toshiba of Canada Limited, IYl
By-Law 3794, to adopt the estimated expenditure for the year 2014, and
By-Law 3793, to confirm the proceedings of Council at its meetings held on the 27th day of
January, 2014, 1Yl
be read for a first and second time and this constitutes the first and second reading thereof.
"Carried"
Resolution No. 14:
Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein
THAT By-Law 3791, to adopt a Schedule of Fees for certain Municipal applications, service and
permits,
By-Law 3792, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and
Toshiba of Canada Limited,
By-Law 3794, to adopt the estimated expenditure for the year 2014, and
By-Law 3793, to confirm the proceedings of Council at its meetings held on the 27th day of
January, 2014,
be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the
same, and place the Corporate Seal thereunto.
"Carried"
ITEMS OF PUBLIC INTEREST
ADJOURNMENT
Moved By: Councillor Klein THAT the meeting be adjourned at 8:30pm.
"Carried"
Approval Received: (1 of 1)
Amber Zimmer/Tillsonburg (Wednesday January 29,
2014 03:28 PM)
Town ofTillsonburg
Page 7
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To ensure that. the client's
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Thank You to United Way Oxford
United WaY]
Oxford
) li·4ordCoun~ r ~~owing stronger. .. together
Report No: CASPO 2014-02
COMMUNITY AND STRATEGIC PLANNING
Council Date: January 22, 2014
To: Warden and Members of County Council
From: Director, Community and Strategic Planning
Conservation Ontario White Paper -
Watershed Management Futures for Ontario
RECOMMENDATIONS
1. That County Council endorses Report No. CASPO 2014-02;
2. And further, that Report No. CASPO 2014-02 be forwarded to Conservation Ontario,
the Upper Thames River Conservation Authority, the Grand River Conservation
Authority, Long Point Region Conservation, the Catfish Creek Conservation
Authority, the Ministry of Natural Resources and the Ministry of Municipal Affairs
and Housing for their consideration;
3. And further, that Report No. CASPO 2014-02 be forwarded to the Area
Municipalities for information.
REPORT HIGHLIGHTS
• Conservation Ontario, which represents Ontario's 36 Conservation Authorities, has
developed a whitepaper entitled 'Watershed Management Futures for Ontario' to stimulate
discussion between Conservation Authorities and the Province regarding watershed
management options in Ontario
• This report provides an overview of the whitepaper and outlines the County's proposed
response to the issues set out in the document.
• Initial response to the whitepaper has been received by Conservation Ontario from the
Association of Municipalities of Ontario (AMO}, the Regional Planning Commissioners and
Regional Public Works Commissioners of Ontario (RPCO and RPWCO , respectively),
indicating issues regarding the process and proposals outlined in the document.
• This report also seeks Council direction to forward the County's comments to the Area
Municipalities and the various Conservation Authorities with jurisdiction in Oxford County.
Implementation Points
The Conservation Ontario 2012 Whitepaper entitled 'Watershed Management Futures for
Ontario' has been developed to facilitate discussion between Ontario's Conservation Authorities
(CA) and the Provincial government regarding the role of CAs in watershed management in
Ontario. The CAs and the province have engaged in only preliminary discussions to date and
Page 1 of 6
Comments
Report No: CASPO 2014-02
COMMUNITY AND STRATEGIC PLANNING
Council Date: January 22, 2014
The whitepaper identifies five (5) key issues that Conservation Ontario considers to be
fundamental to the discussion regarding the role of CAs going forward.
1. Confirmation of the Conservation Authority (CA) Mandate
The whitepaper proposes that the current CA mandate and the 'integrated watershed
management' approach be confirmed by the Province as a framework for discussions
with key Ministries.
2. Enhancement of CA-Provincial Ministry Relationships
The whitepaper proposes that CAs would assume the role of the Ministry of Natural
Resources (MNR) in natural heritage protection. Specifically, the CAs would obtain
delegated responsibility from the MNR for natural heritage implementation under the
Planning Act. It is also proposed that CAs have a role with other Provincial ministries in
other areas such as source water protection.
3. Revamped CA Governance Model
The whitepaper document proposes that the governance model be changed to reduce
the dominance of municipal politicians on CA Boards, providing more opportunities for
other watershed stakeholders.
4. Development of a sustainable funding formula
It is proposed that a new cost-sharing formula be developed that takes into account the
local 'ability to pay' on a permanent basis, as opposed to project funding. It is also
proposed that CA infrastructure be incorporated into the pool of municipally-owned
infrastructure or maintained within an appropriate asset management framework.
5. Improved Accountability Framework
The whitepaper suggests that actions are necessary to restore the MNR's ability to hold
CAs accountable and to empower other partners and stakeholders through new
integrated watershed management decision-making processes.
Attachment No. 2 to this report (Conservation Ontario's status update regarding the Whitepaper)
provides an overview of the municipal sector response to the whitepaper as of November 2013,
as voiced through AMO and both the Regional Planning and Public Works Commissioners of
Ontario.
The items as outlined in the update document generally reflect the concerns of County staff with
respect to the proposals set out in the whitepaper. Areas of particular concern from a municipal
perspective are as follows:
Enhancement of CA Roles and Responsibilities
The whitepaper proposes the delegation of MNR responsibilities for natural heritage planning to
the CAs, together with the related expansion of relationships with other Provincial ministries (i.e.
Municipal Affairs and Housing, Environment, Agriculture & Food and Rural Affairs). Such
Page 3 of 6
Report No: CASPO 2014-02
COMMUNITY AND STRATEGIC PLANNING
Council Date: January 22, 2014
CA operations, this discussion should include municipalities with respect to determining
appropriate funding models, as well as ensuring that any funding models align local CA priorities
with municipal growth mandates, servicing plans and other local priorities.
The whitepaper also speaks to including CA infrastructure within the pool of municipally-owned
assets to assist in ensuring that flood and erosion infrastructure needs are met. This could
prove to be a significant challenge for municipalities that are currently experiencing deficits in
the face of infrastructure maintenance and renewal.
Regarding the issue of governance, the whitepaper suggests modifying the composition of CA
Boards in a manner that creates greater balance between the interests of elected officials and
other stakeholders. The document makes the statement that some members of the
environmental, non-governmental organization community are of the opinion that a CA Board
comprised of municipal councillors tends to favour development, while a citizen board will have
maintain a more environment-friendly position. Any proposal to reduce the governance role of
municipal Councils while municipalities remain a primary source of CA program funding would
be challenging.
The governance model for CA Boards is best evaluated within the context of the funding model
and the accountability framework. All three components must work together and consider the
local context in which the CAs function and serve.
Conclusions
Oxford County generally supports the CA role in watershed planning in Ontario and recognizes
the important role the CAs play in providing scientific analysis and advice to support municipal
decisions with respect to natural heritage features and natural hazards and in the management
of environmental resources on a watershed basis. The County has developed excellent
relationships with the various CAs having jurisdiction in Oxford and the efforts of all parties have
resulted in sound watershed management and a collaborative working environment in which the
responsibilities and objectives of both the CAs and the municipalities are recognized. As such,
the County would generally support the continuation and on-going refinement of these current
working relationships.
In-keeping with the responses that have been received by Conservation Ontario from the
municipal sector (and outlined in Attachment No. 2), the County of Oxford strongly encourages
inclusive discussions that consider the interests of Municipalities, the Province and
Conservation Authorities.
Staff will continue to monitor the deliberations of Conservation Ontario and will keep Council
apprised of any further developments regarding outcomes from the whitepaper submission.
Page 5 of 6
Conservation
ONTARIO
Natural Champions
ATTACHMENT NO . 1
REPORT NO. CASPO 201 4-02
Watershed Management Futures for Ontario
Conservation Ontario Whitepaper
October 3, 2012
Introduction
This whitepaper, entitled Watershed Management Futures for Ontario has
been developed by Conservation Ontario1 to stimulate a discussion between
Conservation Authorities (CA's) and the Province on options for a renewed
watershed management partnership. It responds to issues and concerns
that have been raised by partners, including municipalities and Ministries,
non-government organizations (NGOs), the development industry,
landowners, and CAs themselves.
The call for greater government efficiency and effectiveness from the
Commission on the Reform of Ontario's Public Services (2012) is spurring a
modernization and transformational change across the Ontario provincial
government. Against this backdrop the fiscal imperative that is driving the
modernization and transformation agenda presents a prime opportunity for
those working in the environmental sector to leverage resources and
streamline operations in order to meet growing environmental challenges
within a more constrained economic model.
Given our daily reliance on natural resources in Ontario, it is critical we build
resilient local watersheds in order to ensure healthy people and a reliable
economy.
, I.'
forests,
wetlands,
water, soil,
plants,
animals
Challenges to Ontario's
Environment
The physical jurisdiction of the
36 Conservation Authorities is
limited to approximately ten
percent of Ontario's vast
geography, yet more than 90%
of Ontario's population-roughly
12 million people -lives in this
area.
In addition to the rapidly
growing population, this area
contains most of Ontario's
agricultural lands (close to 35
percent of land area), supporting
one of the province's leading
industries, contributing more
than $33 billion to the economy
every year. The importance of
agriculture coupled with the
rapid rate of urban development
creates significant pressures on
Ontario's environment, and
seriously challenges the health
and security of our future water
and land resources critical to the
environment, economy and,
most important, the health of
Ontario's residents.
1 Conservation Ontario represents Ontario's 36 Conservation Authorities, local watershed management agencies that deliver
natural resource management programs to protect water and other related resources.
Watershed Management Futures for Ontario (Conservation Ontario 2012}
The Province has documented these conditions in many policy papers and action plans, often calling for
a more comprehensive approach to deal with these complex problems and detailing numerous specific
actions that could be taken on their own, or in partnership. Two examples are the 2011 provincial
climate change adaptation plan and strategy, and more recently the Province's 2012 proposed Great
Lakes Act and Strategy:
• Climate Ready: Ontario's Adaptation Plan and Strategy 2011-2014, recognized the impacts of
climate change, particularly with regard to temperatures and extreme weather conditions and
highlighted areas of special concern: human health, infrastructure and personal property, far north,
agriculture, forestry, wildlife and biodiversity, water resources, and tourism and recreation. Around
a vision that strives to minimize risks to health and safety, the environment and the economy, the
report developed five goals with 37 specific actions.
• Great Lakes Protection Act and Ontario's Draft Great Lakes Strategy (2012), suggests that the
current problems around the Great Lakes are overwhelming some of the past successes in
addressing environmental pressures. According to this report, the "cumulative impacts of many
pressures are hurting the Great Lakes' ability to naturally adapt to changes and stresses"2• The
report warns that the Great Lakes are at a 'tipping point of irreversible decline13• Similar to the
Climate Ready report, the Great Lakes Strategy addresses a broad range of issues across sectors with
6 goals and over 100 actions.
As Ontario's environmental problems become more complex, there are fewer resources to address
them. The Drummond Report recognized a shifting economy with a much slower rate of growth,
therefore calling for significant transformation within the provincial government in order to accomplish
two objectives: decrease/eliminate the deficit over the next few years, and change the way government
spends in order to spend less more strategically. Mr. Drummond himself pointed out that "action must
begin very soon"4• The Drummond Report suggests that a new 'paradigm' needs to be developed
among the various agencies working in Ontario's environmental management sector5•
Conservation Authorities have long advocated for reforms to this complicated system and support an
integrated approach which looks at the watershed as a system involving natural resources, people, and
the economy as elements that need to be taken into account in developing solutions. An integrated
watershed approach offers a unique opportunity for the province to leverage local expertise and
resources. (see An Integrated Approach for Ontario's Watersheds, pg 4) With limited strategic
investments and changes to the way Conservation Authorities themselves operate, there is potential for
a new relationship to be developed based on the solid successes of our current joint work with the
Province.
Maintaining the status quo and continuing on the current path will result in expensive and serious
consequences. The current environment offers opportunities. It is a time to be bold, to think
2 Ontario's Draft Great Lakes Strategy, pg 6
3 1BID, pg 5
4 Commission on the Reform of Ontario's Public Services-Public Services for Ontarians: A Path to Sustainability
and Excellence, pg vii
5 IBID, pg 335
3
Watershed Management Futures far Ontario (Conservation Ontario 2012)
• MNR restructuring of field operations that impact Conservation Authority business areas such as
stewardship, natural heritage, etc. and the need for operational, science-based delivery of
provincial policies and science.
• Implementation of hazard management responsibilities; should they be cost-shared or the sole
responsibility of the municipal partners augmented by potential Federal investments in
infrastructure, or in specific flood damage reduction programs.
• Support for a Conservation Authority role in implementation of Climate Ready action items
related to CA business such as the Low Water Response Program.
• MNR governance and accountability role under the Conservation Authorities Act given the shift
of responsibility for Conservation Authority watershed management activities to the municipal
side of the partnership.
Ministry of Environment
The Conservation Ontario/MOE relationship has changed significantly over the last decade as a result of
the Ontario Drinking Water Source Protection Program; Conservation Authorities now have a variety of
business arrangements with the Ministry of the Environment. The impending transition of the source
protection program from planning to implementation, as well as the potentially significant role of
Conservation Authorities in the draft Great Lakes Strategy, make this an appropriate time to open a
dialogue with the Ministry of the Environment on our collective future. Specific issues that require
discussion and are alluded to in the draft Great Lakes Strategy include:
5
• The transition of the Source Protection Program to implementation will shift the role of
Conservation Authorities from plan development to support for plan implementation.
Anticipating funding from MOE for plan implementation, the transition also means that source
protection moves from being a special project to part of ongoing Conservation Authority business.
This will require a restructuring of the MOE /CA relationship.
• The proposed Great Lakes Protection Act and draft Great Lakes Strategy, which MOE leads, signal
a potentially significant role for Conservation Authorities in implementation of Great Lakes
programs. This will require the development of a new business relationship with MOE and
potentially also the Ministry of Natural Resources, depending on the respective roles of each
Ministry.
• Conservation Authorities and MOE have a long term relationship with the Ministry's
Environmental Monitoring and Reporting Branch (EMRB) to implement the Provincial Water
Quality Monitoring Network. This relationship has expanded in recent years to include Provincial
Groundwater Monitoring Network, the Ontario Benthos Biomonitoring Network, and more
recently, climate change monitoring. Conservation Ontario has also led a number of initiatives
with EMRB to undertake provincial scale analysis and improve accessibility to MOE data. Taken
collectively these CA/MOE partnerships now form the core of water monitoring in Ontario.
• Climate Ready: Ontario's Adaptation and Action Strategy, the Province's climate change
adaptation strategy, which is being led by MOE, contains a number of areas that could affect
Conservation Authority businesses and the CA/MOE relationship.
)
)
Watershed Management Futures for Ontario (Conservation Ontario 2012)
Broad Legislative Mandate
The role of Conservation Authorities and their relationship to various
partners including member municipalities and the provincial government
derives primarily from their enabling legislation, the Conservation
Authorities Act of Ontario. This legislation provides a broad mandate and
suite of powers which empowers Conservation Authorities to largely
define their own programs, set priorities in collaboration with member
municipalities, government ministries and departments, organizations
and individuals, and enter into partnerships. It is important to recognize
that Conservation Authorities have multiple business relationships with
multiple ministries, agencies, municipalities and others, depending upon
circumstances, needs, shared goals and opportunities.
In addition to the Conservation Authorities Act, other provincial legislation
can directly affect Conservation Authority activity including the Planning
Act, the Clean Water Act, the Municipal Act, and the Environmental
Assessment Act.
The broad mandate of Conservation Authorities, coupled with the
complex array of provincial and federal statutes and corresponding
Ministries, departments and agencies, has not been well understood by
many players and, in fact, has given rise to criticism that Conservation
Authorities operate outside of or beyond their scope and mandate. (See
Conservation Authorities Operating in Ontario Today, pg 8) These
perceptions need to be addressed going forward to enhance the
legitimacy of the Conservation Authorities and to provide clear lines of
responsibility and clear lines of accountability. The Ministry of Natural
Resources' (May 2010) Policies and Procedures for Conservation Authority
Roles and Responsibilities for Plan Review and Permitting which was
developed through a multi-stakeholder and multi-ministry process is a
good start.
Declining provincial funding for provincial priorities
The original vision of the Legislature in passing the Conservation
Authorities Act was one of a shared provincial/municipal responsibility for
managing natural resources on a watershed basis. This "partnership" has
undergone many changes over time and to some extent simply reflects
changing philosophy of government in terms of its role in society and its
relationship to other levels of government.
Conservation Authorities
Operating in Ontario
Today
The Conservation Authorities'
program has been a success story
by any number of measures, and
yet there has been a history of
controversy and concern that
continues to this day.
It is possible to ascribe much of this
concern to power sharing-the
degree to which a Conservation
Authority's power and influence is
seen to impact the interests of
1 stakeholders, including its member
municipalities; developers and
landowners; and
environmentalists; and the scope
of their "mandate" as prescribed
under Section 20 of the
Conservation Authorities Act.
The impacts are manifested in a
number of ways, from the power to
"levy" the member municipalities
to pay for programs and services;
to the Conservation Authority role
in the land use planning and
development process, (largely a
municipal sphere); to the
"Development, Interference and
Alteration" regulation; to their
limited ability to expropriate land
for the construction of public works
such as dams, dykes and channels.
While Conservation Authority
programs and projects are
undertaken "for the public good"
the extent to which other interests
are perceived to be impacted
' negatively gives rise to arguments
of too much power and lack of
accountability.
------
In the 1990's Ontario and its municipalities underwent a very thorough exercise in "disentanglement"
that attempted to rationalize roles and responsibilities while increasing accountability of various levels
of government by improving the link between taxation and program responsibility. For example, the
province would fund major social programs including health care and education from its broad (and
7
Watershed Management Futures for Ontario (Conservation Ontario 2012)
consistent with" matters of provincial interest. In some cases, such as flood and hazard policy, there is a
very mature and robust policy in place with supportive technical guidelines and the responsibility has
been delegated to the local Conservation Authority to represent provincial interests.
In other cases, such as natural heritage systems, the policy is less robust, there is no provincial standard
and limited provincial guidance has only become available recently. Many Conservation Authorities
have often been invited to fill the gap by their local municipalities who recognize that the Conservation
Authority has the capacity and expertise. As part of its overall watershed plan, some Conservation
Authorities have identified the linkages between the natural heritage system, hazard lands, water
resources, and so on. In these cases, the Conservation Authority has taken the initiative to "market" a
natural heritage system to the municipalities which they are free to incorporate, modify or reject
through their Official Plan amendment process.
It is this interface between natural heritage systems planning and land use planning where some
municipalities, the development industry, and the provincial government often have conflicting notions
ofthe Conservation Authority role, questioning their legitimacy in any involvement in the process.
Notwithstanding a lengthy multi-stakeholder discussion and policy development exercise around this
issue [i.e. Policies and Procedures for Conservation Authority Roles and Responsibilities for Plan Review
and Permitting (Ministry of Natural Resources', May 2010)], the controversy remains. The most obvious
solution from a Conservation Authority perspective is to obtain delegated responsibility from the
Province for Natural Heritage implementation under the Planning Act.
Variability in Conservation Authority capacity
Conservation Authorities have been criticized for not being able to provide a consistent level of services
across all watersheds. While many Conservation Authorities operate with a full suite of professional,
technical, scientific and administrative expertise, there are some which are not able to do so due to a
limited local tax base. It has to be acknowledged that the local financial burden is not equitable across
all Authorities and that this problem is not resolvable locally. Figure 2 illustrates the inequities among
the per capita levies across the Conservation Authorities.
9
Watershed Management Futures for Ontario (Conservation Ontario 2012)
1. Confirmation of the Conservation Authority Mandate
As discussed earlier in this whitepaper, the Conservation Authority mandate has been a long-standing
debate, viewed either through the lens of provincial direction (section 28 regulations, PPS natural
hazards) or with a broader interpretation of Section 20 of the Conservation Authority Act. Closely tied to
the mandate are arguments about overlap and duplication. The issue of multiple pieces of legislation
impacting water and related resources has been identified, and the resulting complexity leads to
confusion as to who is responsible for what.
It is fair to observe that Conservation Authorities have often willingly extended their programs into
areas of emerging need, or to fill a gap created by withdrawal by another agent. The steady decline of
the field presence of the Ministry of Natural Resources has, to some extent, been offset by expansion of
Conservation Authority programs. It can be argued that more local control of these services has been a
beneficial outcome; others may argue its provincial download. Conservation Authorities have taken the
position that an integrated approach to watershed management is not only more efficient and effective,
it is more equitable in that there is an opportunity for local stakeholders to participate in the process.
However, progress toward this paradigm will not be significant unless the province acknowledges the
value of IWM and commits to the necessary discussions that will lead to this transformation. Flowing
out of a confirmation of a watershed management entity mandate would be a discussion ofthe
relationship with the key Ministries in the watershed management sector.
2. Enhancement of Conservation Authority-Ministry Relationships
Taking a more integrated approach to watershed management is dependent on collaboration among
the various agencies with water management responsibilities. Given the existing diversity and
complexity of the CA-provincial relationships and the need to enhance these relationships, Conservation
Ontario proposes a series of bilateral discussions with the relevant ministries, to take place within an
overall framework of a multi-Ministry/stakeholder steering committee.
Renewed Conservation Authority-MNR Relationship
The Ministry of Natural Resources has been responsible for administering the Conservation Authorities
Act for the past forty years. The Minister is accountable to the Legislature for the Conservation
Authorities program, yet the devolution of the partnership toward a municipally dominated model,
leaves the Minister with inadequate tools to meet his or her responsibilities. The extent to which
Conservation Authorities operate as autonomous, corporate entities, governed by their own Boards
within a provincial policy framework, must be reconciled within an appropriate legislative, policy and
governance framework.
Conservation Authorities have historically operated programs that were on the surface, duplicative of
those provided through the Ministries own operating entities. Overtime, this issue has resolved itself.
However an important question remains around the implementation of Natural Heritage. Conservation
Authorities believe that the Province needs to retain a strong science and policy role regarding Natural
Heritage, and acknowledge the need for a local watershed-based implementation mechanism that can
support municipal responsibilities under the Planning Act and the Provincial Policy Statement.
11
Watershed Management Futures for Ontario (Conservation Ontario 2012)
4. Development of a sustainable funding formula
Some discussion on the current financial model has already been provided in this document. It is
arguable that Conservation Authorities provide mainly place-based services such as flood control that
are reasonably born on the property tax base. It is also a reality that local tax bases are not always
commensurate with need, and that a mechanism must exist to create equity. The Province should
consider retaining or designing a cost-sharing formula that takes local ability to pay into account, and
this should be permanent rather than project-based. In addition, the Province and municipalities must
incorporate Conservation Authority infrastructure into the pool of municipally owned infrastructure, or
at least develop mechanisms whereby the flood and erosion infrastructure needs can be met within an
appropriate asset management framework.
It should also be recognized that Conservation Authorities have been leaders in developing non-tax base
revenues including user fees and charitable foundations. In fact, the second largest pool of funding for
Conservation Authority programs is self -generated, comparable to the municipal levy but less than total
municipal funding. This greatly enhances the value of the Conservation Authority program in terms of
its ability to leverage revenues from all levels of government.
5. Improved Accountability Framework
Governance, finance, mandate, and accountability are all closely linked and need to be considered in an
integrated fashion. The current accountability framework for Conservation Authorities has been
criticized as inadequate from some stakeholders and interests. Some would prefer stronger provincial
oversight or control; while others would lobby for greater stakeholder influence.
As previously stated, the Minister of Natural Resources carries the responsibility for the Conservation
Authorities Act and everything that occurs as a result of it, but he or she has very limited means to hold
the Conservation Authority Board to account. Prior to the reduction in transfer payments in the 1990s,
the Minister had considerable leverage through the financial and project approval mechanism. At the
present time, the Conservation Authority is required to seek the approval of the Minister only for a
relatively minor set of needs.
The Conservation Authority is required to conduct an annual financial audit under Public Sector
Accounting Board rules, and report to the Minister. It is also subject to the Municipal Conflict of Interest
Act and a number of other statutes which compel it to conduct the business of the Authority in a
responsible fashion. Implementation of an integrated watershed management approach will require
the establishment of a decision making process that gives the various partners and stakeholders an
appropriate voice in future watershed management decisions. Refining the Conservation Authority
accountability framework to be consistent with this process would address these accountability
concerns.
13
Watershed Management Futures for Ontario (Conservation Ontario 2012}
Appendix A
A Brief History of Watershed Management in Ontario
It is no accident that a very comprehensive history of the Conservation Authorities Program, published
in 1972 by Dr. AH Richardson, one of the founders of the "Conservation Movement" is entitled,
Conservation by the People. The Conservation Authorities Act, passed by the Ontario Legislature in 1946,
was a bold, forward looking piece of legislation that was founded on three principles:
• jurisdiction based on the watershed, a fundamental unit for managing water related resources;
• cost-sharing, reflecting a partnership between the province of Ontario and the municipalities within a
Conservation Authority's jurisdiction; and
• local initiative, a program that was locally designed to respond to issues that municipalities had
determined to be priorities and for which they were prepared to fund on a cost shared basis.
In fact, local municipalities had control over whether or not a Conservation Authority was formed, in
that the legislature did not "impose" Conservation Authorities, rather it "enabled" municipalities to form
them by majority vote (passed by 2/3 of the municipalities present).
In the formative years, dating back to the 1940s, the provincial government undertook resource surveys
of watersheds and developed a suite of recommendations under the categories of flood control, land
use, forestry, and recreation. The resulting "Conservation Reports" formed the basis for the
Conservation Authority program until the 1980s when contemporary watershed planning came into
being. It is interesting to note that the recommendations not only incorporated natural heritage
(forestry, wetlands, and conservation of land) but cultural heritage as well.
Implementing these reports, Conservation Authorities purchased wetlands and marginal agricultural
lands for reforestation, often under agreement with the Department of Lands and Forests, the MNR's
predecessor. The development of Conservation Areas to provide public access and recreation
opportunities was undertaken, often in conjunction with large water control structures. In order to
justify the major expenditures involving in many cases all three levels of government, dams and
reservoirs and their surrounding lands were designed for multiple purposes-flood control, flow
augmentation, recreation and wildlife-to maximize the return on public investment. The provincial
government amended the Conservation Authorities Act in the 1950s to provide grants for the
development of facilities to promote public access and use.
From a contemporary perspective, Conservation Authorities have acquired some 150,000 ha of lands
that provide outdoor recreation opportunities for more that 6 million visitors annually. These
Conservation Areas are largely self-sufficient from either user fees or donations or in some cases the
work of service clubs and organizations, and fill a niche in the fabric of greenspace that our rapidly
urbanizing population requires to meet their basic needs. In its recently published Strategic Plan, The
Road Ahead: Sharing Conservation Authority Strengths: Strategic Directions 2011 -20158, Conservation
Ontario has identified the increasingly apparent linkages between human health and access to abundant
8 Conservation Ontario's 2011-2105 Strategic Plan can be found at www.conservationontario.ca
15
Watershed Management Futures for Ontario (Conservation Ontario 2012}
Recreation & Education
• Outdoor recreation activities, environmental education programs for 475,000 students, outreach
activities, water festivals
Conservation Authorities Address Consistency and Effectiveness
At a two day workshop in June 2012, the Conservation Authorities identified a number of areas to
continue to address. Conservation Authorities are currently pursuing these issues.
• Development of a common core competency/capacity (eg. minimum standards, service levels, etc)
that all Conservation Authorities agree to meet. This would include not only the core Conservation
Authority legislative responsibilities but must also include a consensus of the basic Conservation
Authority role envisioned in the IWM concept.
• A process for all Conservation Authorities to meet those standards either internally or through
formal collaboration within a Conservation Authority grouping or cluster. There were a variety of
variations on this idea at the workshop but the key is that these be formal, e.g. written agreements,
financial arrangements and reasonable permanency.
• A process to address Conservation Authority governance to give the various non-municipal
stakeholders a voice. (eg advisory boards as in the Conservation Authorities Act, the task force
approach, etc)
• Identification of potential external partnerships and a plan to engage these partners
• Review and clarification of the role of Conservation Ontario
17
Response of Municipal Sector to date
Conservation Ontario has met with representatives from the Association of
Municipalities of Ontario (AMO) and the Regional Planning Commission of Ontario
(RPCO). Some of their response to date include:
• Municipalities need to be a part of the discussions around the Whitepaper-
Want to be engaged in any proposed changes to Conservation Authorities
(CAs) before any decisions are finalized by the Province
• Mun icipalities need to be included in discussions around any new funding
formulas that may have an impact on municipalities
• There is a concern with potentially changing the composition of CA boards
given that municipalities currently make up the majority or all of the members
and are primary funders of CAs
• Conservation Ontario's Whitepaper needs to be better scoped out with
developed options
• Municipalities are key funders in conservation authority operations across the
province; their ability to pay should be determined locally
• Municipal sector has a significant interest in natural heritage issues and policy
development and concern has been expressed over any proposed change to
the delegation of the authority for policy interpretation for natural heritage
protection under the Planning Act to CAs from municipalities. The Whitepaper
suggestions could deprive municipalities of the ability to balance the objectives
of growth management, which includes development and environmental
protection
• There is a concern about including CA flood control infrastructure in the
municipal infrastructure pot since municipalities already have sizeable deficits
• Strongly encourage inclusive discussions that consider shared interests -
future discussion must at minimum include senior leadership of Provincial
Ministries, AMO, RPWCO and Conservation Ontario
Next Steps
Conservation Ontario is committed to implementation of a sustainable, responsive,
and effective watershed management future for the benefit of all Ontarians. Further
scoping/analysis of the five key interrelated points for discussion identified in the
whitepaper will be finalized and discussed with the Province to determine their
willingness to engage in a meaningful dialogue with all stakeholders. Conservation
Ontario will continue to advocate for early engagement of the municipal sector in
particular as well as the engagement of others such as the nonprofit and business
sector, as well as the general public.
For More Information
Kim Gavine, General Manager, Conservation Ontario
)
McCormick Rankin
72 Victoria Street South, Suite 100
Kitchener, ON Canada N2G 4Y9
t: 519.741.14641 f: 519.741.8884
www.mrc.ca
January 31, 2014
Mr. Steve Lund
Director of Operations
Town of Tillsonburg
200 Broadway Street, 2nd Floor
Tillsonburg, ON N4G 5A7
Re: Ontario Ministry of Transportation
Notice of Filing • Transportation Environmental Study Report
Highway 3 and Vienna Road Intersection Improvements (G.W.P. 3045·08·00)
Dear Mr. Lund:
McCORMICK RANKIN
A m;mi>o< of iA'\.'\. MMMGROUP
The Ontario Ministry of Transportation (MTO) has retained McCormick Rankin (MRC) to undertake the
Preliminary Design and Class Environmental Assessment (Class EA) Study of intersection improvements at
Highway 3 and Vienna Road near the Town of Tillsonburg, in Oxford County. The recommended plan
includes the construction of a roundabout and associated illumination.
To construct the roundabout, there will be short-term traffic lane closures and partial/full closures of Vienna
Road and Highway 3. The later construction stages require full intersection closures during low traffic volume
periods (i.e., at night). Local detours have been developed to minimize the disruptions and additional distance
traveled by motorists during the short-term and full closures.
The purpose of this letter is to inform you that the Transportation Environmental Study Report (TESR) has
been completed for the proposed intersection improvements and will be available for a public review period at
the locations listed in the enclosed notice. The review period will end on March 5, 2014. Please refer to the
enclosed notice for details regarding the public review of the TESR.
As a follow-up to our Council presentation on November 25, 2013, the detour will use local roads. We
understand that you have no further concerns about the construction staging and local detour routes.
Inspections will be completed pre-and post-construction to assess the roads.
If you would like additional information about this project, please feel free to contact me or one of the project
team members listed in the notice.
Yours truly,
O:r[ankln, a member of MMM Group
Dan Green, P. Eng.
Consultant Project Manager
cc:
Attach.
J<elley Coulter, Town of Tillsonburg
Peter Fung, Town of Tlllsonburg
Davis Samis, Town of Tlllsonburg
Cephas Panschow, Town of Tillsonburg
Scott Reid, MTO, Senior Project Engineer
Khahy Ho, MTO, Environmental Planner
Greg Moore, Ecoplans, Consultant Environmental Planner
global transportation engineering
January 29, 2014
Premier Kathleen Wynne
Legislative Bldg, Room 281
Queen's Park
Toronto, ON
M7A1Al
Dear Hon. Kathleen Wynne;
Town ofMlle de Penetanguishene
Re: Penetanguishene's Support of the New OPP Billing Model
At the regular meeting of Council held on January 29, 2014, the Council of the Town of
Penetanguishene passed a resolution which supports the Provincial Pollee New Billing
Model for police services starting in 2015.
Please find enclosed a copy of the above noted resolution which indicates the support
to the Provincial Government's principles and design of the proposed new billing
model.
If you require further information, please do not hesitate to contact the undersigned at
705-549-7 453 or gmarshall@penetanguishene.ca.
Most Sincerely,
·-.... ~-~ ·-· ·~ --
\.)
Gerry Marshall, Mayor
Town of Penetanguishene
/kg
Encl.
cc: Madeleine Meilleur, Minister Community Safety and Correctional Services
Garfield Dunlop, MPP Simcoe North
Mayor's Coalition
Dennis Travale, Mayor of Norfolk County
Peter Politis, Mayor of the Town of Cochrane
Jamie McGarvey, Mayor of the Town of Parry Sound
John Lessif, Mayor of the Town of Tillson burg
Bernie Maclellan, Mayor of Huron East
John Williams, Mayor of the City of Quinte West
10 rue Robert St. West/ouest, P.O./C.P. Box 5009
Penetanguishene, ON L9M 202
Tel: 705.549.7453 Fax: 705.549.3743
www.penetanguishene.ca
TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL
February 7, 2014
Recent Developments in Joint and Several Liability-Municipal Action Needed
Two recent developments are worthy of the immediate written support of municipal councils and
municipal solicitors.
The first is a private member's resolution introduced by Randy Pettapiece, MPP for Perth-
Wellington. It calls on the government to implement comprehensive reform to joint and several
liability by June 2014. Debate on this motion is scheduled for February 27, 2014. While a
resolution of the Ontario Legislature is not a specific legislative plan, it does capture the spirit of
municipal concerns. Mr. Pettapiece has written directly to all councils seeking your support;
AMO encourages your reply.
Of immediate significance, the Ministry of the Attorney General has recently written to members
of the legal community seeking their input on two specific proposals under consideration.
Feedback is due by February 14, 2014. The proposals include a modified version of
proportionate liability that applies in cases where a plaintiff is contributorily negligent (the
Saskatchewan model). Also under consideration is a limit on awards such that a municipality
would never be liable for more than two times its proportion of damages (the Multiplier model).
AMO supports the adoption of both ofthese measures.
This is a positive development for municipalities and a step in the right direction. The adoption
of both reforms would be a significant incremental step to addressing a pressing municipal issue.
The written support of municipal councils and solicitors is requested. Below is a draft letter for
municipalities to submit to the provincial government by February 14, 2014. Please add your
voice of support~
As you know, municipal governments have long advocated for liability reform because the legal
regime of joint and several liability makes municipalities and property taxpayers an easy target
for litigation.
It has been two years since AMO conducted the first ever municipal insurance survey, which
found that municipal liability premiums had increased 22 per cent over 5 years and 4 years since
AMO presented a comprehensive report detailing municipal challenges to the Attorney General.
We have argued for some time that the heavy insurance burden and legal environment is
unsustainable for Ontario's communities.
AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca -416.971.9856 ext. 323.
A M • Associationof
Municipalities Ontario
February 7, 2014
Office of the President
OPP Policed Communities: UPDATE 1
A week ago, AMO's Board of Directors directed the establishment of an OPP Billing
Steering Committee. Its purpose is to look at the proposed OPP billing model, including
objectives and outcomes that could be acceptable to the different interests of the
municipal sector. It will also look at elements of the underlying matters that contribute to
high policing costs and how these too might be improved. It will be up to the provincial
government to accept or reject those recommendations.
In response to the communique sent last Friday about the Steering Committee's
formation, AMO received many expressions of interest to volunteer for this Committee.
The volume of volunteers who put their names forward displayed an overwhelming
breadth and depth of concern for this issue. We are grateful and express appreciation to
all who recently stepped forward. In addition, the Board wanted to invite a representative
from the three sub-municipal groups (Mayors' Coalition, OPP Discussion Group and the
Under 5,000 Group).
The Board directed that representatives come from all corners of the province with
careful consideration to the diversity of interest, circumstance, region, knowledge and
experience of each individual. All municipalities should be able to see themselves
represented in the women and men who will be participating in these critical discussions.
Based on the Board's direction, the President has confirmed the following elected officials
as members of the AMO OPP Billing Steering Committee:
Politis, Peter
Vrebosch, Bill
TBC
McNamara, Gary
White, Chris
Canfield, Dave
Spacek, AI
Ron Nelson
Barfoot, Alan
Conn, David
Marr, David
Mertens, Peter
Reid, Barb
Reycraft, Doug
Thompson, Linda
200 University Ave. Suite 801
Toronto, ON, M5H 3C6
Mayor
Mayor
TBC
Mayor
Warden
Mayor
Mayor
Mayor
Mayor
Mayor
Warden
Mayor
Reeve
Mayor
Mayor
www.amo.on.ca
amo@amo.on.ca
Cochrane (Chair, Mayors' Coalition)
East Ferris (Chair Under 5,000 Group}
TBC (OPP Discussion Group)
Tecumseh (Future of Policing Advisory Committee)
County of Wellington
Ken ora
Kapuskasing (FONOM)
O'Connor Township
Georgian Bluffs
Seguin Township
Elgin County
Prince Edward County
Minden Hills
Southwest Middlesex
Port Hope
Tel 416. 971.9856
Fax 416.971.6 191
Toll Free in Ontario
877.426.6527
)
OBIM ONTARIO BUSINESS IMPROVEMENT AR EA ASSOCIATION
Go·
ON
c/o 280 Queen Street South
Mississauga, ON L5M 1 M1
toll free 866.807.2227
info@obiaa.com I www.obiaa.com
MEDIA RELEASE
January 21, 2014
OBIAA BOARD MEETS WITH ONTARIO'S 'OPEN FOR BUSINESS' ROUNDTABLE
The Ontario Business Improvement Area Association (OBIAA) Board of Directors met with the
Government of Ontario's Open For Business Roundtable on Wednesday January 151h 2014 at
the Ontario Investment and Trade Centre in Toronto to present five priorities that affect Main
Street businesses in Ontario.
The Ontario Open For Business Roundtable included: Minister of Economic Development,
Trade & Employment Honourable Dr Eric Hoskins and staff Deputy Minister Wendy Tilford,
Assistant Deputy Minister, Open For Business Katherine Hewson, Assistant Deputy Minister
Accessibility Directorate of Ontario Ann Hoy, Policy Advisor Rachel Levy. The Ministry of
Tourism , Culture & Sport Assistant Deputy Minister Richard McKinnell. The Ministry of
Government Services/Service Ontario; Deputy Minister & CEO of Service Ontario Frank
D'Onofrio, Assistant Deputy Minister, Business Improvement Bev Hawton. The Ministry of
Municipal Affairs and Housing Deputy Minister Laurie LeBlanc, Assistant Deputy Minister,
Housing, Janet Hope, Chief of Staff Hasneet Punia and Senior Advisor, Devan Sommerville.
OBIAA presented five priorities that included: (1) Providing clarity and improving awareness of
compliance obligations under the Accessibility for Ontarians with Disabilities Act (AODA) (2)
Improving understanding and engagement on the Tourism Oriented Directional Signs (TODS)
Program (3) Building collaborative relationships and partnerships with Regional Tourism
Organizations (RTOs) (4) Streamlining and simplifying information related to Festivals and
Events permitting (5) Establishing an OBIAA forum for working across provincial government.
Additionally, the following initiatives were presented as important elements to be considered as
this partnership continues (1) Equalization of the Business Education Tax (BET) (2) Re-
evaluation of current MPAC assessment methodology (3) AODA compliance (4) Vacancy Rate
Rebate (5) Employee Health Tax (6) Main Street Business funding availability and accessibility
(7) OBIAA sustainable funding (7) New definition category -Main Street Business -within
Small Business (8) Updates to the Municipal Act-Section 204 BIAs.
"To be invited to the table by the Ontario Open for Business panel is a significant step for Main
Street businesses; it gives us a real presence and our economic impact can be communicated"
explains Ellen Timms, President for OBIAA.
"This is great recognition; and a partnership that is an important component for our Main Street
vitality. The Open For Business panel, working in collaboration with OBIAA, have 90 days to
work with, report back and implement our priorities" adds OBIAA Executive Director Kay
Matthews.
Strenntli in Jfum5ers -Success tliroUfJii 'l(nowfetfge
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
STAFF REPORT
DEPARTMENT
Consent to Non-Disturbance Agreement
CAO 14-03
David Calder
COUNCIL MEETING
FEBRUARY 10, 2014
NON-DISTURBANCE AGREEMENT
That Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk
Barn;
And that Council authorize the Mayor and Clerk to sign the Non-Disturbance Agreement-
Bulk Barn.
EXECUTIVE SUMMARY
The purpose of this report is to obtain Council approval to authorize the Mayor and Clerk to
sign a Non-Disturbance Agreement between the Corporation of the Town of Tillsonburg,
Bulk Barn Foods Limited and RMM Tillsonburg Centre Property Inc. This agreement is being
requested by Bulk Barn Limited and the mall owner RMM Tillsonburg Centre Property Inc.
The Town of Tillsonburg is a party to the Non-Disturbance Agreement as it is the "Head
Landlord" under the Ground Lease dated July 31, 1979. The Non-Disturbance Agreement is
a request from the Tenant, Bulk Barn Limited to the Town of Tillsonburg as the "Head
Landlord" to consent and approve the Lease pursuant to the terms of the Ground Lease.
The agreement protects the tenant in the case of default by the Head Tenant being RMM
Tillsonburg Centre Property Inc., and allows the tenancy to continue under the Ground
Lease with the agreement that the Town of Tillsonburg as the Head Landlord will honour the
lease agreement between RMM Tillsonburg Centre Property Inc. and Bulk Barn Limited.
CONSULTATION/COMMUNICATION
The Town's legal representative reviewed the Non-Disturbance Agreement and advised the
Town that all was in order. The Town has previously entered into a similar agreement with
the mall owner and Shoppers Drug Mart Limited.
SCHEDULE "G"
CONSENT TO NON-DIS'I1JR:QANCE AGREEMENT
This Agreementmadeasofthe 10111 dayofJanuary, 2014
BETWEEN:
The Corporation of the Town of Tillsonburg
(hereinafter collectively referred to as the "Head Landlord'')
OF TilE FIRST PART
-and-
Bulk Bam Foods Limited
(hereinafter referred to as the "Tenant'')
OFTHESECONDPART
-and-
RMM Tillsoburg Centre Property Inc.
(hereinafter collectively referred to as the "Head Tenant'' or "Landlord")
OF THE THIRD PART
~ the Landlord and the Tenant entered into a Lease date« as of the 19111 day of
December, :i013, and as same may be further amended from time to time (the "Lease"), for premises
containing approximately. five thousand, two hundred~ thirty three (5,233) square feet (the "Demised
Premises'') in the complex located at TillsOllburg Town Centre, in the City of Tillsonburg, in the
Province of Ontario ("Complex") as more particularly described in Schedule "A" attached hereto (the
"Lands");
AND WHEREAS by a Ground Lease dated July 31, 1979 (the ''Ground Lease'') between the
Head Landlord, as landlord, and the Head Tenant, as tenant. the Head Landlord granted to and in favour
of the Head Tenant a long term leasehold interest in the Lands and the Complex for a term of fifty (SO)
years less one (1) day which included the Derriised Premises;
AND WBEREAS.p~uant to the Ground Lease the Head Landlord granted to the Head Tenant
the full right, power and absolUte authority .to enter into agreements to lease for premises at the Complex
and assume all obligations and liabilities in respect of all .leases in place at ~ Complex including the
Lease in respect of the Demised .Premises; and
AND WHEREAS the Tenant has requested the. Head Tenant provide from the Head Landlord its
consent and approval in respect of the Lease pursuant to the terms of the Ground Lease and provide the
Tenant with a Non-Disturbance Agreement and the Head Landlord and the Head Tenant have agreed to
enter into this Agreement with respect to fulfilling the. foregoing request JDade by the Tenant subject to
the terms herein contained;
WITNESSETH that in consideration of the sum of One Dollar ($1.00) now paid by each of the ·
parties hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties
hereto h!lft)by covenant and agree as follows:
1. The Head Landlord hereby consents to the Lease as assumed by the Head Tena:irt under the
Ground Lease subject to the proviso the giving of this consent shall not be ®emed to release or
discharge the obligations of the Head Tewmt under j!le terms and proyisions of the Ground
Lease, including its responsibility for the payment of all rent thereunder and the performance of
the obligations of the Head Te.nant under the Ground Lease.
2. The Head Landlord hereby recognizes the Lease and hereby agrees that so long as the terms and
provisions of the Lease are being cotnplied with, the Tenant shall have the right to peacefully and
quietly have, hold arid enjoy the Demised Premises purswint to the Lease without interruption or
disturbance by ~ Head Landlord or by any person, fum or corporation claiming by, through or
under the Head Landlord arid that the Tenant's rights and privileges under the Lease to possess
the Demised Premises shall not be in anyway disturbed, diminished or interfered with by the
Head Landlord. . .
3. The Head Landlord covenants and agrees should .an event of default by the Head Tenant occur
under the Ground Lease which gives rights to and in favour of the Head Landlord to exercise any
so
request is given within five (5) business days following such event), exercise its rights as an
under-lessee under section 21 of the Act, or any like rights under common law, to clalm or apply
for an order investing the term of the Lease, and the whole of the Demised Premises in the
Tenant, on all of till< same terms and conditions as the Lease, and the Head Landlord shall, at the
request of the Tenant, consent to such claim.
9. If a receiving order in bankruptcy, or winding up order is made against the Head Tenant, the
Tenant may on its own accord and shall at the request of the Head Landlord (provided such
request is given within five (5) business days following such event), exercise its rights as an
·under-lessee under subsection 39(2) of the Act or any like rights under common law, to exercise
its election as under-lessee to .stand in the same position with the Head Landlord as though the
Tenant were a direct lessee of the Head Landiord, for the balance of the term of the Lease on all
of the same terms and conditions contained in the Lease, and the Head Landlord shall, at the
request of the Tenant, consent to such exercise provided it is understood and agreed between the
parties hereto the rights of the Tenant shall be limited solely to the rights afforded to it in respect
of the Demised Premises and the Complex only arising under the Lease and no other rights at the
Complex as may be contained in the Ground Lease in favour of the Head Tenant:
10. Neither the Tenant nor itS successors or assigns shall enter into any agreement to amend or
. modify the Lease which would result in the Tenant paying to the Landlord rent for a period of
greater than one (1) month in advance. Any such agreement made in contravention of the
provisions of this section shall be no force or effect as against the Head Landlord or agalnst any
subsequent purchaser from the Head Landlord, or as against l!IlY purchaser and any sale process
in respect of the Head Landlord exercising its rights under the Ground Lease.
11. The Head Tenant and the Tenant hereby acknowledge and confirm to the Head Landlord that:
(a) : The Le8se is in full force and effect and in good standing;
(b) No rent has been paid in advance under the Lease save and except as set out in the Lease;
and
(c) To the best of the Tenant's and the Head Tenant's knowledge, respectively, neither the
Tenant nor the Head Tenant presently bas any knowledge of any present claim to set off
againt rents d1ie or to become due, under the Lease whiph has occurred prior tO )he date
hereof.
12. Notices, demands, ·requests or other instruments under this Agreement will be delivered in
person, by courier, by facsimile or sent by registered mail postage prepaid and addressed:
to the Head Landlord and Head Tenant: c/o SmartCentres
to the Tenant:
with a copy to:
700 Applewood Crescent, Suite 100
Vaughan, Ontario ·
IAK5X3
Attention: ~Department
55 Leek Crescent
Beaver Creek Business Park
Richmond Hill, Ontario, lAB 3Y2
Attention: Senior Director, Real Estate
David Calder
CAO, Town ofTillsonburg
200 Broadway Street, 21111Floor,
T~,OntarioN4G5A7
519-688"3009 Ext. 3227
A notice, demand, request or consent will be considered to have been given or made on the day
that it is delivered in person or by courier or, if mailed, seventy-two (72) hours after the date of
mailing. Any party may notify the others in writing of a change of address and the address
specified in the notice will be Considered the address of the party for the giving of notices under
this Agreement. If the. postal service is interrupted or substantially delayed, any notice, demand,
or request or other instrwnent will only be delivered in person or by courier.
13. The foregping provisions shall be self-operative and effective without the execution of any
further instruments on the part of either of the parties hereto. However, .all parties hereby agree
52
STAFF REPORT
DEVELOPMENT AND COMMUNICATIONS
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
REQUEST FOR EXPRESSIONS OF INTEREST -253
BROADWAY PROPERTY
DCS 14-10
CEPHAS PANSCHOW
COUNCIL MEETING
FEBRUARY 10, 2014
REQUEST FOR EXPRESSIONS OF INTEREST-
253 BROADWAY PROPERTY
"THAT Council receive Report DCS 14-10 Request for Expressions of Interest-
253 Broadway Property;
AND THAT staff be authorized to release the Request for Expressions of Interest
for the 253 Broadway Property."
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to release a Request for Expressions
of Interest (RFEI) for the 253 Broadway property. The intention is to attract investment
interest with the ultimate goal of selling it for a desirable development.
This property appears to have been acquired as part of a larger parcel that consisted of Lots
944, 945 and 946, Plan 500 in 1993 with Lot 946 and a portion of Lot 945 being sold for the
development of the Kelsey's Restaurant in 1998. The remaining property (Lot 944 and the
remainder of Lot 945) has remained in the Town's ownership since 1993.
A number of uses have been proposed for the property in the past, including as a potential
site for a standalone Town Hall. To date, no concrete plans have materialized for the
property.
A preliminary report was provided to Council on June 12, 2013 (Report DCS 13-22 Surplus
Lands).
CONSULTATION/COMMUNICATION
The Development Committee reviewed the RFEI at their December 12, 2013 meeting and
made a number of suggestions, which were incorporated into a revised document that was
reviewed again at their January 9, 2014 meeting. A title search on the subject property
and the adjacent properties was conducted in order to ensure that all agreements related to
the property were known and incorporated into the RFEI.
In terms of communicating the availability of the site for development, staff will be
providing notification as required by the Town's Sale of Real Property (Surplus Lands)
Bylaw; including:
1. Posting a notice on the real property for at least 20 days;
2. A publication of the notice in a newspaper having a general circulation in the area
where the property is located once a week for a period of two consecutive weeks;
and,
3. Notice provided on the municipality's website.
In addition to this, the RFEI will be distributed to known developers/real estate investors.
FINANCIAL IMPACT /FUNDING SOURCE
Lots 944, 945 and 946 were originally acquired in 1993 at a price of $540,000 with Lot 946
and a portion of 945 being sold to Charcomp Developments Inc (now Maxol Inc) for
$240,000. This price included access to additional lands through a joint easement for
access as well as long term access to adjacent municipal parking subject to Charcomp being
responsible for the construction of the parking lots.
In order for the Town to secure the remaining amount paid for the property, the Town
would have to set a minimum price of $300,000 for the property. This price does not take
into account inflation since the property was acquired nor any carrying costs.
Staff have retained a company to prepare a formal appraisal of the property in accordance
with the Town's Purchasing Policy. The cost for the appraisal will be funded through the
Town's Land Sale Account and recouped through the future sale of the property.
Any revenues from future land sales will be subject to direction from Council at the time of
the land sale.
D
Page 3 I 5 CAO
APPENDIX A-LOTS 944, 945 AND 946, PLAN 500, DESCRIBED AS PARTS 2,
3, 4 AND 5, PLAN 41R-6262
I I; I K
l
' ~
I J I ! ~ !1:• . ~
D
Page 5 I 5 CAO
TOWN OF TILLSON BURG REQUEST FOR
EXPRESSIONS OF INTEREST (RFEI)
253 BROADWAY (VACANT LOT)
RFEI SUBMISSION DEADLINE
DATE: Monday, April 28, 2014
TIME: 4:00 PM EST
LOCATION:
Town of Tillsonburg (CORPORATE OFFICE)
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
LATE SUBMISSIONS WILL NOT BE ACCEPTED
*NOTE: THE CORPORATE OFFICE IS LOCATED ON THE
2ND FLOOR OF THE TOWN CENTRE MALL
Any respondents shall indemnify and save harmless the Town of Tillsonburg from
and against all claims, demands, loss, cost, damages, actions, suits or other
proceedings by whomsoever made, brought or prosecuted by, or attributed to any
such damages, injury or infringement as a result of activities under this exercise.
SECTION 3-DISCUSSION CRITERIA AND DESIGN ELEMENTS
In addition to above submission requirements, the following criteria will assist the
Town in forming the discussion regarding any/all submissions:
• Consistency with the design guidelines laid out in the Central Area Design
Study (2012);
• Overall desirability of proposed development;
• Overall size in building area of the proposed development;
• Multiple uses contained with the proposed development; etc.
A conceptual drawing based on the Central Area Design Study guidelines has been
prepared (see below) and is included with this submission in order to assist
proponents with visualizing the design elements of the Design Study. This
conceptual drawing is being provided for information purposes only and no
preferred building structure or design is to be explicitly inferred from its use here,
i.e. we are not requiring proposals to include designs exactly as provided for in this
example although designs should be in keeping with the design elements of the
Design Study.
Conceptual Drawing with Examples of Design Study Elements
The property is also subject to an agreement between the Town of Tillson burg and
the downtown Business Improvement Association regarding the placement of the
downtown welcoming sign, which is located at the northeast corner of the site and
straddles the property line. Any development on the property is required to
accommodate the current location of the sign and to incorporate it into the
proposed development.
APPENDIX B-PERMITTED USES AS PER TILLSONBURG ZONING BYLAW
3250 -ENTREPRENEURIAL ZONE
FILE: C6198RP
VENISON STREET (20.117 Wide, RP 500)
H52"J0'10"E 51.054(111'a:w-)
~() I c:> I .,
"' '. S! ~ I• "' "' --. i:l ~ ·r Cl I "< <> D:: !! ~ I! (J) d Q; 4 ... .:; -::z: ~ e -----------~ ~ i ~
~ • ..j I .. j Eij -~ o o I & I ._J ~ --J~!
:!: 1--c:; ~ti I ~-=
(/) ~
~
::j \~i !::l !!5
Let ~?02
)PART1)
PIN 00031 -0120
~) ~ N52'2!5'20"E Lot Uno St.DI57 {PJ& :;:,,,. ---:1+
·~
PfN 00031 -0109
lnstrurnet No. .J90351
Let Part 4 , Plan 4/R-5047
,.....,., ... .., N52'30'10~ S7.tSO
5f.0M(RP,.._)
IPART 51
Let ~344
PIN 00031 -0111
Jnsfrumt~trt No. 378472
Lot H-4t5
NS2"32'30~ 51.oee
lrn!I:!I
mrn ......
51.068
i_(}t 94€5
lPART2)
PIN (){)().JI -0112
Instrument No. 378472
S1.078
NS2'32'31fE
Parl 3 , Plan 4/R-5047
57.1M(IMI) (57.174,PS)
94?
·~· ;,~ .;!·~· BRiDGE STREET Instrument No. 2S9119
(Established by B~aw No. 2083, 1979)
PIN (}()()31 -0110
~ l~i
~t
~·
'"'"''
[
l
~ s.
··-~=-
=·= c~ ;~ U: !Il
"" 11~
PARTS SCHEIItii.E
I~IHo.I..NI·PIII~t-o108
PLAN 41R-6262
RECEIVED AND DEPOSITED
.. 1.9Ci.8 .~ OZ: .. 26.
~ f+ ~ l't.PIM~I-G111~ -~~-~~~-Deputy Land Registrar for the R11giatry Division of Oxford (No. +1'
~
§
~
~....... HI PIN 00031-01211 Hi== I REQUIRE THIS PlAN TO BE
DEPOSITID UNDER IIETRIC• THE REGISTRY ACT.
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVER'TED TO FEET BY OMOlNG BY 0.3048. r;;r:::__·~ .· ... · ...
"/ /~'
·~~
Plan of Survey
Lots 901,902,94-4,945 c!c 946
Part of Fox Alley
Judges's Plan
Registered as Plan No. 500
Town of Tillsonburg
County of Oxford
Scale 1:400
Murray Fraser Limited
1998
0
10 e a 4 2 I
SURVEYOR"S CERTIFICATE•
I CERliFY THAT
~etres
T)Thlslllui'Ye)'andplanaracQmllc:latldlnoecon:kme•wlth THE SUR'IIEYS N::r, THE SURVEYORS N::r ANO THE REGISTRY N::rond t11e f'lelilulcrtlon• mode th-under, 2) lh4l Iurvey wa. completed on the 1Stl1 day of Auguat, 1998.
IIURRAY FRASER UIIITED
w~ NJguatZ4,\99! .• ~ •.
C. Murray Orrtor'lo Land ....yor
BEARING DERIVATION•
Beorlnge ore astronomic derived from Deposited Plan
41 R-1941 and refemd to the west limit of Broadway
siwWI'I OS N37'34'10"\Y.
LEGEND
o.notn ,~ ... " 4' tonll standorcl ....... ear 18 o.not•r'J/PJ"~q,,.2'iott;lron9or 1811 o.tolar'J/tJ"tfx2'~k>I'!Bor c c.Mtc. Plontod "onun.nt • Olnotn Found Monui'Mtl~ PI o.tlotM Depoe,lbtd Plan 41R-1941 P2 o.not..o.po.lt.dPkln41R-2.17t PJ Denota Depcnobd Plan 4tR-22l2 P4 Denotn o.pGI!tK Plan 41R-2273 ~ o.notNDipoart.dPkln41R-5041 RP DtnotH ~r.twld Plan No. 500
FRASiER
NurrGy F-Umlted Pttone,A='01< (519) 873 0'120
45 K1r19 str..t, Suite 302 L.onclon, Ontario N8A 188
Dr. by: JGH Chk'd by : CMF
I');-,.
t?ontario Ministry LAND
MGISTRY
OFFICE #4~
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
PAGE 1 OF 2
PREPARED FOR lgilvesy
ON 2008/06/03 AT ~1,01,29 ~~· 00031-013 9 (LT) J of Government
and Consumer
Services * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT • SUBJECT TO RESERVAXIONS IN CROWN GRANT *
PROPERTY DESCRIPTION' LT 946 PL 500; P'i' LT 945 PL 500 PT 2, 3 41R6262 S/T & T/W 429976; S/T 429975; TILLS.ONBURG
PROPERTY REMARKS,
ESTATE/QUALIFIER'
FEE SIMPLE
LT CONVERSION QUALIFIED
OWNERS I NAMES
MAXOL INC.
Rl!G. >roM. DATE INSTRUMENT TYPE
RECENTLY'
RE-ENTRY FROM 00031-0269
CAPACITY SHARE ~--
AMOU!l'l' PARTIES FROM
H PRIN.rou.zl INCLUDES ALf IXlCUMENT TYPES AND\ DELETED INSTRVMll'NfS SINCE: 2005/~2/~6 ••
**SUBJECT, lo.N FIRST RE*STRATION UNDER THE.~ TITLES ACT, Tb:
fUBSECTION f(1.) OF TBE LAND TiS ACT, ExCEPT
~ESCHEAT OR FORPEIT!JRE TO CROWN.
THE RIGHTS ANY PERSON WHO WO D, BIJT FOR THE j:.AND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
T THROUGH GTH OF A!JVERSE POS ESSION, PRESCRintON, MISDESCRIPTION OR BOUNDARIES SETTLED BY
'ARAGRAPH i~, PARAGRAPH 1.4, PROVINC.IAL SUCCESSION DUTIES *
!cONVENTION.
~ LEASE Tq WHICH THE SUBSECTicfr 70 (2) OF THE RjroiSTRY ACT APPLIES.
**llATE OF cjoNVERSION Tq LAND TITLES' 2005/1~/1.9 **
41R6262 I 1.998/08/261 PL!\N R.EFERENCE
Z426254 I 1998/09/08 REST COV APL ANNEX
426255 I 1998/09/08 I AGREEMENT $2 j THE CORPORATION OF TBE TOWN OF TILLSONBURG
426256 1998/09/08 I AGREEMENT ·$1 f Ci!ARCOMP DEVELOPMENTS INC.
426257 1998/09/08 I BYLAW THE CORPORATION OF THE TOWN OF TILLSONBURG
4263 84 1998/09/15 I NOTICE CHARCOMP DEVELOPMENTS INC.
41R63S8 199~/02/25 I PLAN REFERENCE
429975 1999/03/01 I TRANSFER EASEMENT $2 jCHARCOMP DEVELOPMENTS INC.
429976 1999/03/01 I TRANSFER $1,133,800 ICHARCOMP DEVELOPMENTS INC.
PIN CREATION DATE,
2005/12/H
PARTIES TO
CBARCOMP DEVELOPMENTS INC.
THE CORPORATION OF THE TOWN OF TILLSONBURG
KELSEY'S HOLDINGS INC.
THE ~O~PORATION OF THE TOWN OF TILLSONBORG
MAXOL INC.
NOTE, ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY.
NOTJl' ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER. OF pAGES ANo THA.T YOU HAVE PICKED THEM ALL UP. . ~,.v;>
c
c
c
c
c
c
c
c
c
Cf!{RT/
Cl!KD
I ~ i§
3 w u u:
1998 0 9 08
Transfer/D~d of Land
Form 1 -Land RoglllniUon ~e!Oim Acl
V·J
Acldil~ =.. .... o
Slack Properly
00031 0111 (Part)
00031 0112
(4)ConOI<Itoatlon
Two Hundred Fo-rty 'thousand-
-------M-----o0/100 Dollart $~40,000.00
111 Dttcrlpllan This Is a: hl~~~r.':." ~ =1~ouon 0
I.ot 9Ji6. ,and ·
~ New Property ldenllfl_ors ~. r ooo31· 0/39
~Part of Lot 945 ad~
Plan ·sao, Town .of Tillsonburg, Cc>unty of·
OXford
D as deacribed on Schedule attached as page 2
.ExeC4.1Uona
.lddillontl: L~ttute. 0
eowrnent New Euament j Addillonal. . Fee SimpM (61 Thla (aJ Rodmrlption 1 (b) Schedule toi: 1'(7).1..-.:oiiiiTr-
Conlllna Plon/Skllioh l8l I Oeocriotlon ~ Pllfi!M D Olher0 wrn l"i,~r-elf ~6->.J.'
(~). ~~~~1) ~ -T~-n:T~~~H ~mv c~~~ .. ~ ~~ .... ~~Ctw~ .. , . . . ' ~~~~~~-·: .. • , ' , ...... , :·:~~::~~C.'. :~ ,,.-?:·.-~.S~ni:u:~ ..
; ; J
1101i.:,,~a)Addrwu Munieipal Offices, 200 Broadway, Tillaonburg, Outar:ico. N4G 5A7
Oat&ol Birth y M D ·'=·~~=~·····················································••1·••11•· . ! ! .
(12) YrillaltfM(a) Addrlu
· torStl\'lce · Suite 402, 244 Pail Mall Street, London, Ontario. NSA 5P6
(13) Tranolero<(o) Thettansferor v"i6aathatto the boot Of lhobnsteror's knowisdg8 and beliel,lhit tranolet dQeenolcornravone socti:lnfiOol thol'lemi1g AD..
. Date of Slans.ture Dale of Slgilature . y • Ll o, ' Y. I M I 0
Sign&turu .•.• r. 0 •••••••••••••••• ' .1..' '·'.! ... I' .. ·i Signature .•.•••• 0 ••••• I •••••••••••• .1 ..... ,1, •.• ! .... Sollch!>r·tor Tf1!noiiiiO!'(t) I havo oi<plaintd lha ellect of aection SO Of the Plannl!lg ArJ. to lhe traha,.ar and I have mad!! inq\irlos of !he_ trwmor to ~ ·~.tetfn!l'!G thallhl! tranefer doR not contr&vane lllal: seQdon and bi!9ed on the inlormalic:m ~~t.~pplled by lhe transferor, lo the b&!l of my knOw$edge and 25 beDaf, thiB transfer doea not contrl\'ena that section. 1 am an Ontario SO!k:Hor 11 good .stil!ldilO. Dale of Signature
): N_amoand . ! y 1 M l D & ~ic'f:ot Sf_goature., ..... , .................... r ..•... 1 ••• J •..
I -~ ~ {14) Solicitor for r,.nlfe~i) I have lnvHtloal,ed the tllle to lhblland and .tQ abutting tlnd wtlare retevant Mel I am &atlsfled lhal the Uda reocrds ,A'e ~ reveal no oonltavantiot1 u set out hi subcfauso 50 (22) {c) ~~ of the Planning Act and that to lhe best of my knpwledge and belief ~s tr~lef -~ ijl date nol contra vena oadlotlfiO Of lhe Planning Act. 1 ectiildepeildently ti Jho _,.,lor the transferor(&) and I am an Oniario so1Ci1ot ;n good standirll!-
j ~~ . o.. ~~!: Name and Date o1 Signature ,lj'"J Addrus of Y M D ~~ Solicitor Signature. r •••••••••• ~ .............. L ..... .!. .. J. .
(16) AI.....,..IROIIN-lcty.IM"~I"'", Sub. 1 p.,, FHundlex ot Property 1 , I j Not Ass~gned ~11--'----'-~:;;.;..;:.;;.-...._;._ __ -i T.:;...-.;:;:;::;:::;-.-:;:;:::::-::;;;:::::::=.--'--'--'-"T7..t=::::'::0==:!:-::::::------'~----j ~ Regletre.tla.n F'ee. ~( J _ (16) lo!unk:lp&IAddlai ol P'"l"riJ (1'1) DocumonT Proporod b)': -.. ~,.. 247 BroadWIIy' BROWN & BROliN ~ land Tninot"' Tax c.I/~D -
Tillsonburg, Ontario. Barristers·& Splicitors 1l
N4G 5V2 30 Brock St,E,, Box 67, u:ll-----+------1
Tillaonburg,Ontario. 15
N4G 4H3 ~ Tabol
Schedule
Form a -IJond Rog-Rololm Aoot Pogo _ _.:t.__ s
~Ad.wonal Propeny klo-(•) and/or 0111tt lnfonnollon
RESTRIQJVE COYf,NANT
The Transferor, for lrself, Its successors and asslJIU, covenanu, prombes and qrees with and to the Transferee, Its successors,
assl8111 and tenants, to the Intent that the burden of this CO'Ii!nant shall be annexed 10 and nm with the ~dlo!nlnalands !lf tbe
Transferor described. below (the "Servient lands") ani! the beneflttbereofshaft be annexed 10 and run wltb each and every pan
·of the lands hereby traruferted 10 the TJ111$ferei!1 that the Tra~ror shall not penn It a restaurant 10 be located or operated upon
the Servient Lands. ·
\)escrlptlon of the Servtent lands, be!nc the lands· burdened by the forqolna n!Sirlcdve covenant!
Lot 944, and Part of Lot 945, Plan 500, Town of Tmsonbut~, County of Oxford, designated as Part 5 on
Reference Plan 41 R-626.2.
" U& otp;IIIIIZIOft.~3.11IIO"DitTO•OAIIADA
-·--.,--.. " ,.............. Amdavll of Raaldance and of Value of th8 Conelderatlon ....,. "" · Fonn 1 -Land Transfer Tax Act ~H~-a,!~~m~s~~:'~:~ANCE OF ,_.,..,.,~.,-.Q lot 04A Pattof lnt945 ·plan 500, !own nfJD!conhtCI
Co!mty of Oxford, desiiJpted as Pans 2 and 3, llefe!'2Qcr. Pl:!n 41 R-62M ' f)
TO_ cu.~., Mt~JIIW,......,ftlll,.,...,.,....t"r.MJjOuJlatt!X":ililmmppJDlle!II!!OellnQ,pmpmeuntthLIIIlntr.r~----------------
1, r ... -.. ..... .,..._,1,1u11JJRtcolbbeeJrt!LJ,J,.:. T]Qhetaflur:.____-'-----------------------
MAKI OATH AND lAY tHAT:
1. lam .{IIJeH • .,...~....,. .,...,.,. ~-,_,_ . .,.,. ~,.r.,~ ...,..,atDH.,. ~,.,.,,..,_.,..,.IJ: r ... ~rta~ntot~etrJJ
0 (a)· A pmon fn ku,, fO~ whom ll'tt.land.:convtpd kl ll'lt abov.;.detertbttcf. oanvayanct 11 b1lng. ~nwpcf;
0 (b) Atrutllt namtU In lhtlbovHtacrtbld-COhVI)'Iiln to Whom I~ lind II Wing conVt)'td;
0 (c) AtranaftrH.Mmtd-lnthil abOVt-dttcrlbR ~c;nvayanc:t; , 0 (CI) l'lllllu1horll.a egtntw IOlJtUoret~lfng tn lhllli'aJlMGCion ~or{luwfNIIN{-J.,~IiJ----------------
------------~dfl01111tdln.par.grljlh(l) .(llj, (b); (c) abon:C'"*..,._,. __ j
i) (o)The .... ll\lonl,~aUII~HOIOidfol-~oi-1/1-------Cbarcomp nevetopmfnts Inc · ·
-------------doiC~btdlnpa111Graplr(o) W. . W• (C) . .._c-..;,._,._,_
D (11 AllanilerMct.actiiMdllipuqraph( )pn.rt*'/yw..orp...,.,.f~(IJlw(•)~M~..,.,) llhdammllklftGihlatlfldaltllon.myOII!'I'IDehallllndon
bthaU of PMftf ..... o1 ..-.) . Who II my lpotiH dllactlbed
In parogr.Ph ( ) CJ~t-t.,U.,-~ ~ (~ t•) --(~ 111H1i. M ~ ,lltld u auah, J ~ ,.,-.onaJ JmOWI..:tlll• Of ttl• faofa htmn fHpoud lo.
2. """--.... --.... --·----~ .. I han read ana Contld•red.lhtl tteflnfllon ot "'I nul• famllt relideoali• Ml ou11n f:IW:M 1 (1)01) of tnt Aa. ·The-l«ncc bOn'illyed "In the e:bovHncrlbed conv~ance
D. -~nlalnt ~ IIQt one lnd ttoi.more·lhan two alngr. f~m!ly rtlldlf1CIL Hi:4!': Clluat J(1)(d) lmpuilm Mdtdat!IIIU ll ftl• J'lll OfDMohiH a1 ana 1* D dDH nol ~ontain • a1n~ tamUy ruldtn4t. nnt upon lhl VIla. of OCiftiiHndlon In.,... of ~OOCI tllhlrllht conYI)'~ 0 tof!lalm mort thin lwo afng .. lamf!y rtlldenctl. t• ~ 11,1 ctmiiJM .. INII ar. ind neil mora1han twD lli1SI1111mil)' rukiiiiCII.
3. l"havt rnd md eonsldflH lhl d·ellrilllont ot ~nonofllldtnt CQi'POtatlon" IOtd "no!l-rlildJnl person'" all. oul '""ctlvtly In claultl 1(11(11 anG (g) of 11\t ,&,cl &ntl·tae~ oi tiM Follawlng ptr70nllo whom or In Uulllor wnom thtl taM Ja tieing_ conveyed In lh" abow-d8$#11bllf tonVIpnct fa a •n!m!rtilderrt eorporallon" or 111 "flon.tNkilfll pWJOn• u 111 out-In lhe/d. { ... IHirnhw-t_,aJ &tile. ___________________ _
. .
4. THI TOTAL CONSJDIIIATIOJI POR THII TRAMtAICTION II ALLDOATID AS-POUDW&:
(4HAonltl pe.kl. or to b4' paid In can , . . , • • . , .• , , , , , • , • , , • • , •. , . $ 240 000 00
(b)h!OII~gea (I)AsiUi"ned·rMow~.,..,..,..,,.. .. ~...,.,~·~, , .• __ _.N .. U.___
(II).Givlli bocklo von~or . • • • . • .• . • • . • . . . • • . • • • • . Nil
(e) Proptrty lranaierrtd ln. exch&ngl f*W ,.,_} . . , , , . . • · , . , . ~ , , , .. . , Nil
Jci) StcuriU9& II'IU18ftrred Itt the Vlluf of (HtJII ..._., , , , • , , , , , , , , , , , , , , NO
(a) Uena. legactae, arinuNlfl and milntenance chlrgu to MilCh lrantftr 11 IWI,Itct • • NO
(I) Olltervaluabll ~il•idtn.Uon tubJ•ct tQ land rranar.r ~(Httll ~ •••••.••••. f ;..· ___ Nrml! __
(g)VALUE OF LANO, BUILDiNG, FIXTURES AND GOODWILL SUB~!CT TO
LAND TRANSFeR TAX (TiftJ tlf t-) ro ttJJ ••...••••• , .• L • • • • • t . 240,000 Do 240,opo 00
{II) VALUE OF ALL ·CHATTELS -H9011of longlblo pmonaf ,..,..~y ~~:_r::._~1..e::!"..J~-:~.,.~~ .... , , , ....... , . . . . . NO
( 1) other CQnlldm.llon tor JtWicuon not tnc:lut:l~ tn {g) a~ (h) l.bOWII . • . • • , • . • • • • • , , , • • • • .• • Nil
())TOTAL CONSIDERATI.ON , , , , , , , , , , , , , . , , , .. , .. , , , , , , , , , ,40 IVIO.OO
NJ--.. -lA ...... "1111" .......
5. II conlldlilratlon ia nominal, GUCI1bt relallon•h.lp behltftn ·nwr.ror ancr lriMIIrH and 1l< put poll ol conVtyancti. tn.l~ IJ !1""-''a._ ____ _
sw;, boloii nii li iho Oiy o( Loiidon
1011" Ceunty of Middlesex
September
Proporty·anrormoUOrl RooOrd
ro98. ·
A. ~naMe otln•lrument: JT[li'OaJ.DSIS.!lifer!JliPeWfce.edii.J:IgLf,_.lau:nLGriL ___ ~--------1
B. (I)Ad!lrtltolpropeltybeJngeonv.ytdpr..alfebleiZ2..,4L7_.Bmmo;adi!G!j!IO. ,.. "l!--------~--1
Ddmnbuq Onrarlg N4Q 5'jl2
(ll)AJu•amtol"~ll Na. (ti~JNili!IQ!Laa!qneiSJiliWld'--------~-------1
C; Mlllllng ldcJreu{N) for tutur• NoUetl Dr AUutm"erit uncJtr lht Alllllmtnt Aot for PTOPt'riY bilnu
eonv•v•d c ... bltwtl"" :.., 244 PaD Malt Stmer Surra 402
I nndm Ourada ·NSA. SPA
D. (I) Roo~lrallon numbtr for llil convevance of property btlft:O convtytd (If~
(Ill Lag~ doaMPIIoil ol prop&f1Y eonvov<rl: Sam• ... ln·O.(I)'abow. . Yto 0 No llJ . ""I known 0
E Name(a) and addmn(H} af •aqh u.nrttrtt" .OIIcltot
Maudce M Peliadn (lll2492)
HARRISQN, ELWOOD, 450 Talbot Street. Lqndon, Ontario N§A 5J6
Solrool TAx Support (Voluntary Soo~on) s..·-. lor aplaildan
[a) Nt all lndMdUal Uahti•rtt~ Romilli Calholh:: ? V.1 0 ND 0
(b) If Yet, do llllncrMduaJ tranatertu Wl:tl'l to bl Romat1 ca!I'Mme S.para\t School !uppartm t V.N D No 0 ·
(e) co alllndMdual trantftrtn lllVf Frencn L.lnguagt EdUcalton RlQhtl 7 Y" 0 No 0
(<I) H V•' do alllndMdUlllllhaf.reea wtah to .upjlorllt\t lffneflLinaU.O• 8ch1>0l ~ltd ('Ntmt tlfl.biUhtd} '1 Ytt 0 No 0
NOT<:.Aito JC) 1nd (d) lloolond -liu!olonwd.-,1 ..... ,._,.,.,. • ...,., • .....,. --.,-,__,.,.. dl-ln (•) ond (b). ...,, -
1lfiS AGREEMENT made this 8th day or September, 1998
BETWEEN:
11iE CORPORATION OF THE TOWN OF nwoNBURG
·and·
(hereln;lfter caUed the "Town")
of the FIRST PART
OIAitCOMP DEVELOPMENTs INC.
(hereinafter al!td lhe •Oevelopei")
of the SECOND PART
WHEREAs the Town Is the reaistered owner of cei'QJn lands located en the east side of Bidwell Street,
In the Town of Tlllsonburr, In the County of Oxford, and belns leplly damlbed as Lots 901 in.d 902, and
par~ of I'Qx Alley, Reilstered Plan No. 500, desiJP~~ted as Pan I, on !teferenc:e Plan 4 t R.-6262 (the "MunldPil
Lands");·
ANDWHEREAStheDeveloperlsthe~dawntroflandsfrondi!Jonitoadwars!l'el!tandllridae
Streel, In the Town orilnsonbura, In llle CQ\JI'It)' of Oxroid, and belni leplly described 'liS Let 946 and pilrt
of Lot 945, llezi$iered Plan No. SOO, deslpallld as Pans 2 and l, on Reference. Plan ._,lR-6262 (the . . . '•
AND WHEREAS the Developer In confunctlo~ ~th the develcipm~t of the Charcomp Lands desires
. addldonal parldnl on the Mlllild~l ~nds, and the TowtJ· has aiii'Nd to leU~~ the Munldpal Lands w die
Develo~~tr forpar!dllg purposes on the basil that the Deve~ sha11, ~~ Its eXpense, constnJct ori lht Munldpal
Landsparldngfacllldes aenerally as shown on che site plan atcithed as Schedule. "A" (the ~Puking i'adlltlti"j.
AND WHEREAS the Town has agreed to malru;iln etrtlln parlclne 1\iciUties on adJoining ~ldpallands
for the benefit of the Cbatcomp l;nds; . '
'NOW:ntEREFORE lHlS AGREEMENT WITNJ;SSETH that In conslderadon of the IIIUIIIal pmnl!es,
the ~um of Two Dollars ($2.00) paid by each of the parties to the otlier,w pureiJa$e b'f the DJVeloper.ofthe
, Charcomp l;nds. from the Town, and. other good and valu2bht corulder.~tlon, the parties covenant. and asree
a$ follows:
LEASE OF MUNIOPAL LANDS
l. The Town doth demise and lease unto the Devt~oper; and the Developer does 1e.ut rrorn the ioWn,
the Munlclpat !.;nels, to have and to hold the Munldpal unds for and durlnr a !l!nn of Nlnety·Nlne
(99) Yeall to be CO!IIlllru!d from the I st day of September, 1998, md condnuJna undl, and fully to
tie completed and ended upon, the llst day of August, 2097,yleldlng and pay!nrthmfort yearly,
. and evesy year ln ~dV.mc:e durii!J !he said tetm, unto the Town, Its successors and ~lgm, rhe sum of
One DOllar ($1.00) peraMum. 'The Town acknowlec~&u rQCelpt of the sunt of $99.00 In payment
of the rtnt. for the entire wm. ·
b) the drlvaway corutlwlld by the rishts-or-war loa&ed on, over and upOII that pan or Lot 945,
uld· P~ SOO de$ I ~~~~a led as fi<lm l and 4, Reference Plan 411t...S262; and
c) that part or Fox Alley, said Plan 500, desllllilted as Paru 6 and 7, rt.rerenct P~n 41 R-6262;
lflhe Dmloper falls 10 rmlm3ln and repair as required by lhls pataar.Jph, the TowuhaU provide die required
maintenance ;nd ~r. Tile Developer covenanu to h!linburse tilt Town for the COstS of· Sud! maintenanCe
and repair within thll'l)' (30) cbys ofcompledon of sud! maintenance and ~lr by lhe Town. If lhe Dmloper
falls 10 relll'lburse tile Town, Ill en !lie Town J!lall be endded 10 add 111e cost of wth wort to 111e municipal w
ra1ti of !he Town. Furiher, ·tfie Town may r-eCover the cosc of such work duou"' any mean! pennltted under
the IIY-faiW Oflhe Town, or the MuJ!Iclpal Act.
8. The IOWP shan be responsible for !he maln11nance and repair of 111e Municipal Paridnl Facllkles, such
rmlntellanCe and repair 10 be 10 a reasonable llindard as stipulated In !his Aareemenr,. and In keepfni
with tilt. standards for similar municipal paildni fac!RtleJ.
Ui\81LJT"{ INSURANCE/INDEMNITY
9. The Developer, shaD, at Its expense, obQin and maintain In rorce. durJni !be term of il:tts Lease, public
llabiUty lnsur3nce ror !he beneRt ~r the TOWii and the DM!oper, with dta Town 10 be rwned as an .
additional Insured, such llabiNtY inSu..ance to be In wth rwonable amOIIIIis as may be iareed upan by.
lhe Town aild DIM!oper from time 10 time. The DeveloPer iliaD Indemnify alld 1M ~rmless lhe
Town as a result of any ~Uure or tl!eDevelo!lu.IO pei'f'orm any Of liS obllgatlom with respeC.t 10·the
Parlclnr Fadlllies located upon dtt Municipal Lands. ·
OPERA. nON AND USE OF 1Hll PARKING FAOJ.mllS
10. It Is spedfteally ;aretd by the pmlu dtat:
a)
b)
the we of.lhe Park!ni Fad Riles located upan the Municipal Lands and the use of !he Munldpal
l':lrtlng FacUJdes shan be nan-exclusive tO the p;lrtles;
tm: Dm!opu wiU not represent the Paildni Facilities, ellher Implied or expressly, u only being
avalllble tar cw.tomel"l, employaas; contra~ and Invitee$ of the. Developer ;md ltnenants
~time 10 dme and shall nor, In any way, dlscoUr3£e odterseml!led to do.so fi'olll parking
on tl1e Municipal Lands; and
c) 111ere shaU be no parkln11 or other fees ch3rnd ror d1e we or the Partl!ii. Facilities or the
Munlclpal Parkini Facllldes.
RIGHT OF FIRST REFUSAL
II. If the Dewloper recetYes.l'ronl a third part)' an oUer to purchase lhe Cha~mp Lands (the "Third P<~ny
Offer"), dte Dt\leloper shall stve 10 ihe Town by nodce In writlnr, the riBI!t to purchase: die Chan:omp
Lands at. the purdlase prtce spedlled In .the Third Parry Olrer. The Town shall haVe a period of dtlny
(30) days after recelp! of such notice,· to exercise; by wrluen nodce, lu rleht to purchase the
CharcOinp Lanils at' the .same purchase prtce ,peel fled In the Third !'my Oifer, and generany In
·ac~rdance wllfl lu tem11 and condldons, .save and except as foUOWS:
.·
• 5.
TElMINATlON .
13. In the.event i:har, at any dme dlirfni the tenn oflhls Lease, huslnwopei.,dans cease hefnaiconduet!d
on rhe Cha=mp La~ds, then ihe Developer shall have the rillhr. upah Jlxly {60) clays wrkaln nod~.
to the Town 10 wmlnate dib ·~em. . Upan such tennlnadon, or upon cennlnadon or this
Ave«nent on QXpll)' of lhe term, lhe P.nt1111 Fa'Cilldes 1~ upon lhe Municipal Lands shall revert
~d betomt the sole propt!cy' of the Towri.
· GENERAL
14. NOthl111 Jn this Lease nesam me Town's poWers or expi'OPI4don or orher similar rillh!S under lhe
Munldpal Act.
I 5. . The paltfes ;cknOWiedge ~nd a,ret !hat the tennS l!ld provisiOns of !hb Al!'"menr, .lndudlnr, In
pardQdar, ~11v.Jphs 2 ~d 10 diereot, may be ~ended In wrldnr by die m~l a~ment ~nd
c:cnsem <if !he Town, the Developet, aild the tenant or !he. Charoomp Lands.
I 6, The Developer shall he free 'to retJster nodte of ll!ls ~em and Lease' on dtle tO the Munldpal
Lands. Upon the request of either~. the o!IM!r pany shaD Join In lhe eXecution or a noirce of this i
A&i'eenltnt an4 Lease, or olbel: memorandirrn for the pUJ1XIl1 of iellstrallcm In the prolifl' Land · ' \·
Rqtsuy Omce.
,{ ' ' .· .
17.· 1M Town shall not~ lherllht tO lfm1lh:lletlilsAPtementilrtOavalllt~elfofanyremedy.ptOvlded ·
for In dis Aareement llr at law, unless lht Town shall have· &tven to the DevetOIItr Writterl nolke of
lheafifll!d default and the De'Jeloper has faUedwllhf!l a period oflhil'l)l {30) datu rut i'etelpt ohuch
nodce to remedy sud! del'alilr, or lrtlhe ase ot mch dt!'ault as rS not o~ble of helnrremedied within
sud! thll'l)l (30) day penod, If lhe DM!oper has faUed ~ commence remedylnr In mch default within
niCh thll'l)l (30) day period ;nd J~~QCeet.ied lherea~r wllh rwomble dlllren'e and aooc1 faith !o
complete the m:nedylilg or niCh defauiL
18. It ls hereby declared and a~ that llle QXp!'OS$lons "Town" and "Developer" whe~ver used In rhls
A~t shaU, when the tollleXt ~I OM, lnc~e, be binding on .mel shall enure' w the benefit not
orily of the n;med patdes hereto, b,ut ;liso their reipealve unaniS, suctesson o~nd assiJ!1S.
IN wri'NESS WHEREOF lhe parties have exeCUted this Agreement as of ~~~e·ilar ;nd~ar 11m above
Written.
I HaVI! Authority ro Bind the Corporation
'•.
See Schedule Attached
Nlmo(l)
THE CO!U'ORA'l'ION OF '1'Ht 'l'OWN
l.oo--:--
I.Qt 901, tot 902, tot 946, and Put: of Lot' ~4!), Plen 500, 1110re putic:ularily .. dasc:tiblild as Parts 1, ·2, and 3.ol1 ,Reference Plen 41R-
6262, in-the 'l'own of 'l'i~l.!Umburg, ill the County of Oxf'or4. ·
0 I I" I .. o 0 0 o o o t I t f I 0 0 l 0 • I 0 0 o o I I o o 0 0 I 0 0 I o 0 I I 0. ~ I ,·.,
OF 'l'It.LSONBURG ....... -.............. -........ '. ············
INC. ···························· ................. .
o o ~ o o I i 0 0 0 o o o o o o I o o o o o o I o o o o o 0 0 o o o I o • 0 o o o o I o 0
................................ ················
247 Broadway
'l'illsonburg, Ontario 200 Broadway, 2nd Floo~ 'l'illsonburg, Ontario N4G 5A7
.. ~-
Schedule
Ad4ilonll~l~•) -orOII!OrlniCII!MIIIon
SITE PLAN AGBEEMENT
AGRiEMEN'r made in Quadruplicate tb:l.s J..L. day of S'f;alemkc , 19'19.
'B E T WE E N: CBARCOMP DIM:LOPMEN!rS. INC.
hereinafte:~; called the ·•owners"
OF THi i"I'RST PART
TSE CORPORATION OF THE TOWN OF TlLLSONBURG hereinafter. c<l].led the "Town"
OF TSE SECOND' PART
WBE11EAS The Owners represent that th11y ue :the Owile:r:s of. the lends described in Box 6 of ·the. Document Gene>:al to this agreement and .have
applied to the Town of Tillsonburg for site plan approval 'llllcle:r' The
P.lanning A~t, R.s.o. 1990, and amendments thereto. · . -
lUiD 1lllmREAs the Council of tbe Tow is of the opinion that such land development' is net proper an.d in the public interest unless the OWners agree to perform the covenants herein sat forti\. ·
NOW '.l'l!lmEFORE, in ccmsideu.tion of the pre~~~ises, the approval of the clevelOinnent, and the sllln ··of ONE ($1.00) :OOLI.AR paid 'by the Town to the
Owners, the receipt whereof is hereby aclmowledged, . and other
consideration, the paxties ·hereto . covenant and agree as :foll.ows:
1. (a) 'l'he Owners agree that no building will be erected and no building:
permit will. be. available on the said ·lands . until site .and elevation plans have. been approved b:; the Town or· Tillsonbur11 ~ .
Said .site plan sb<lli be as ·shown on Schedule "A" attached hereto, as approved.
(b) Said site and elevation plans shall be in such detail as outline.d,
in the Town Site. Plan Control Blr-law nwnb.er 284:3, as passed on
May 11, 1998.
2. The OWners agree. that buildinq or buildings will .be erecte(! in accordance with the plans as approved, subject Only to.such changes as
have received advance approval.
3. The OWners further agl:'ee: that:
(a) final grades and elevations will be establl.shed to the
satisfaction of the Tawn;
(b) all surface and roof drainage will be controlled on site and
taken to an outlet approved l:iy the Town;
{c) all necessary proviSions for service connections on site will be
made to thll satisfaction of the ·Town, or the Public Utility Commission of the Town of T:Lllsonburg, as· the case. may be;
(d) construction work wi.ll be carried forward expeditioUSllf in a good
and w.orkmanl.il<e manner, in accordance with qoocl trade practice
and so as to cause a miuimum of nuisance;
(e) all necessary precautions to. avoid d\lst, . n<iise and other·
nuieances <md to provide for the public safety will, so far as
possible, be taken and which comply with The Construction Safety
Act:
s
Schedule
l'ag•--~-----
'l'llis agreement shall ensu:r_e to. the benefit of and be binding upon the parties _-hereto, their heirs, executors, administrators, successors and assigns.
:rn witness whereof the said parties hereto, hav!! hereunto set their hands
and seals and the corp_orat:l.ona . have hereunto . caused to be_ f~ed their Corporate Seals under the hands of their duly author1~ed officers in that
behalf of this .J.rl:_ day o~f 1:.1.-; l9'1S.
SIGHED, SEALED and DELIVERED
1n the preaBXP.ce of . C
(
(
l''=CBAR=::::C:::OMP:!:"':DEVELOPMENT=::o::==s~INC=-. --
(RObert 'hahar · ·
C X Bave Allthc:ri ty to Bind the .
( Corpor&tiCXI
(
'(
(
~'l'lm COR!'()D.'l'l:OlJ OF om£
( 'rOWN OF TILLS ( .
(
(
s
-\
~~·~. ~ "II i cp
.. -~~Hi I I 1 00 [Q1 i/ PI r't I -~
: ~~~~ . II @ill :
I G . ~ U·
II ·~ II II
I II II 21 11
f II 11 11 D II
II II .
. 'i
fiNAL SITE PLANS AS APPROVED BY
v II.
~ . .
WPIO'IInet •• -· Onltf'O
Schedule
POmt f-Land Aallillradon Rolitrm AOI s
Page_.._ __
Addllkmll P~ ldonllllo~ol ondlor O_l.;...,.llon
(6) D•s~riJ!t:lon
In tb• town of Tillsonburg, 11\ the COunty ot OXfotd, dee~r:l.bod aa follow11:
!!!!mll Lot 946, Plan 500 for the .town of. 'l':l.llaollbu:s, :l.n the
CoWley of O>cford, dee:l.gnatad as PARr 2, Plan 4lR-62621
SECONDI.Y: Pa:t of Lot 945 .• Plan 500 fCir tbe town Clf tnl.lonburg,. in
the County· of OXford, <tes:l.pated as PART 3, l'lall 41R-6262;
StniJ'EC'l' TO a right of 1111y over, ·alolli and upon Palt't of Lot 945, Plan SOO
doaignatacl aa PART 3 Plan 4llt-6262, for the purpoae of· :l.ngtesa u.d egress
of vehicular and pedeatrlan ttaff:l.~ to and fr0111 those parts of Lots 901,
902, 944 and 945 a11d thass pa:tts of Fox Allay, Plan SOO, desi&nated as
Parte 1, 4, 5, 6 add 7, Plan 4lll-6262.
tOGETIIEt!. wltli a liight of way over, along and upon part of Lot !145, Plan· SOO
desil,l11ated as .Part 4, l'l:m UR-62~2 for the purpose ·of '1ugraall· and cgrcas
of vehio:u1ar and pedestrian traffic to and fto111 those parts of Lots 901,
902, 945 and 946 and those pans of Fox Alloy designated as Pans l, 2.
~, 6 and 7, Plan 4lll-6262. .
..
.. .. . .
.. . .. . . .. ' ., .. . .. . . ,. . ~ . . . .. . ..
.. ..
' ' .. ···: . .
..
· .
...
~f 0~ a:\JI fi?::> '""'
.it
q ·, ·•
AGREEMENT OF PURCHASE AND SALE 4
PUROW!~:R _ __,. :;C:;:· h':n~n;~o:Om~o<:-"J':nf.vS:e~st':'m';r~n~t..,s';;ll'ot.~imw.Lit._,,:.,d;-;;;;;;-:--,--:~-------~ nltcrs ro buy rmn•
VF.NOOR. ., Ths Cornq,rntion of)heJown oLJillsonbt!11,l rltm~~gh v .. dor~. A(l~NI', • . : CniiiiiDJinS!l.m.m~rtlp[~i:!.ltY hll'. . lhc rollowmp
(l'krtl....,r'~ Agtnt,l (Vtndnr's Attllt/.
I'ROPI:!l\W: (runUng un rho ~aiolo of Broadway Street known !11\lnlc.p:tlly .. '!nCDD! Lands in lhc
Town of Tmsonbun:. and luninp drnorali~ ot See Attac:hed Schedule "8'' m~ or lm bp ~Jilh
or See Attarhed Sfhedulr "8" 111drcorl.,.nndd<,oo;ri~•••
The lands shown on Schedule "8" as " Lands to be Purchased" which shall be
dctcnnlned by survey prior to closing but shall conlnln approximately 112' of frontage.
and 180' d~p being approximately l!J.l60 square feet. .
ATTHEPIJRCHASF.PRIO>OF: -~
Two Hyndrcd and fortv Thousnnd Do!Jars ·• -~ •••• • ••••••• • (~
nn the rollowing·rcrm,:· . '--"": .
I. l'urch~""""butlas ""'""i"d.bolow Flv,F Thousnnd Doll !IrS•.-....... • ~ • -• • • (~
by ohoq ... pu,•"Dblc loO.na<li .. Commo:r<lal R<all)' '""·"In Trull' woad<t>OSJtro behold "lnTru>t" po1tllio; ... l~nninatiun «lrlhi* Av.m=mCm411d ttJ ~ cMlilcdt('WardJ(\he: Pu.rcho....., Pri.;can cOn~plc:tion.
2a. Pu.rchaser ngre~ to pay the balnnc~ of the Purchase Price. in cush or by c;cl1ifier.l cheque, subjc:Ct to udJUHtmcnt. to tile Vendlll' on clo.~l·ng.
Schcllulcs "A .. I Purchasers Cil~itioriS • atiacbed hcie!O 'shall form a .part of !hi~ Agreement of
Purchase and Sntc. . . •
Schedule "B" • Site Plan ~ attached hereto shall.fotm a part oftllis Agreement of Purchase and Sill c.
Schedule "'C'· J\Jtemadve DcvelopmcntPatking
3. l'lu;lm.qrMdVandurnll""'lhll niJ. C>i>dlng li.<IUIC.\""' i~~<luclc:d In thi:'ptlldlue pric .. <.'lccpl thooc li•lod hcrauitdcn .J:ifA.Jllld
lllar liloMiow...~ cllnr~elo ondocludod in lhc pur<hrutc rrice: i.Y!I. . '
.1,
5 .
. 6. l'urchlucr ~hall be olloW<Il 7 days prior to ille closing or this transaction .o.-ino lho title 10 tho
propc~. Rl hi• ~ c.'I""IIC.Io .. ti.Cy himsclflhallltcrc ~~n:!IOou~undins w01kotdorsnlto<:dftlllh• prOP"fff· lhal iu P'"'on'
""' Commen:ml . may bc la'!'rultY <onlin~~<d. ~ 1liar ihe prinapol buildina rtrAY bo iosurcd agllin•t risk or rife,
7. l'rtwlolod rhot 111e dUe to th• rr<>P<rtY ;, &nod and r ... rrora nil, on<llllliiranco. ex« pi ror <1ny rnlhOI' casom1:11u •• l'Ubilc ulll!tle" ·roqut..d.r.r U.. SUJ>Pil' or domeilic uUlil)' ,..,,,., ro tho prapel\f,· It wllhln rlli lime ·liJiowcd for c.'WDinln; 1M ·uoc any volld abjocrlcm 10 rrrt .. nrroon,)i·o ... c,nlling WtlJkordot,or.ll) tha I•clthas.ildJlf"""' ... m.~ nollowtully bc o:Ontlau..s. or UIIIL tire prinolplll building""'~ ... be 111l'Ur'ed ogai!UI rio!< orn .. l" """"'In IVri~n; lo Vcmlor IUld whlc:h Vendor, Is IUUibiO or unwllllas
lo ,.., .... lom«<y or sarllfy ond which i'urobWr will nat wolvo, thl• Asroomcm. norwilhstondlns· nny lntC1111C<llote ..,.., or ncgo1iotion• In"""""' ot lll<h objecUon.<, shall' boat 011 end 'II moniC. !tierotofoto JN1ld Jlinll be ,.wm.:d wlilloulintcrcsJ or deduo~llltlll1dVenclorMdV<ndofs Agcntslllil nor·bc li4blo lor111y o:o.ou orclmnoGco. s. ... .,to otl)l volid objr.'lion ao mtlllcby
""th doyand...,opl rorani"obJ~•·ion ~olng 10 lhc:I'OOI ;,r·tha 1iUo. l'lirclta!el' shoiJ. be ooncluolvdl)' rlecmod ID hnvo ae<Opterl Ven<Jor's ~lie Ia lhe property.
a: Xlto 'tandnt llp·esvaw nr4 '''IA'UPt..··tu !h l"tJrcliA!!Fr cliRt 1llt" b"'1diii:t~r mud. i.D oua.,juan·•Joaa '"''tb 4ln
fPfiJI'o.rt.' t .... , ~al httN A11 ai cbe· ffalu er uAZp1•'1a•• llitmhu;,&t wl'l:! · Lt 1 1 V~t••n'iltbf'll• 1'1111*1 ·yp~ ~ l''n"lchd thp' "'1zl b'rihlttrJt ·(-· A par of .YIIU"'plt unit 11"fhUAJl '.h'r ''IL'Q;;"IAI!' dua'l OJIIy
nuptf 'a 'lmt partie cf titu b"_'ldlttR whlt.tl ht ,;ubjed to ctlfF •nnuftl n "th'r te>:tnentf chu"
R!:rt'i"r Ull IAI MIPit hi .'h UMPitiiGR llf tJih; U'IIAIIIItiAa,
!I. Vmdor and Pun:ll4."" ogrcc lhallhc"' is nocoadllion, ""~''""· or implied; :•:pt.,.rilnlion orwan'iU>Iy of lillY l<ind U..t ihdunuo intcndcd .,.. or the (>A•p<nr. ·It)' l'llr<:ha<et I• w will be ~'"1ul ~'"Jll ~ mR)' I~ speo!Ocully .~pulnlcd <IRw""'• io this
agrccn1c11~.
10. l'urchu.<Cl' ohnll not eull lor 111< rwducti<ln ar ony tide ck:cd. abirnlc~ survojl orl>lhc:r cvideOO: of tillc 10 !he pru(ICIIy c.""pl •ueb .. aro In rhc ..,., .. ,]an qr.coriln~ o( Vcndor Vcndor·•SN"' rhul. if N<joe<led by rhc l'urcllasor; b< will dellvcr any sketch or
>nrvcy ol'rho prarcnl in hi•JRU.<c.,ion orwiUtln hiHontml 1np..,.....,.., $non lltCPl'S"iblc and prior to lhc la;t cloy llllowc<l lurc!<l\minln~ Uric. In •h••·/$> ll••t udi!Chnr~culany ""'"Y"~'C\freharso held which is nol lo be .,,umo by lite I'UII!f"""" on ~ompltlion, _is not 11\'lliitubh: in n:IPstr:~bl~ ;torm nn cornph:don, lltt:: t\lre.Ja;.~r:.src:~ to accept lhe Vendor'> f<Jii<:i.Lor's .pctllonal
undaukins 10 obttin, ow or a ... cfOllins f•""'·. rlbclmJl;o "' ..... don or ch;ugc in ro~'istmblc rem> and to real•"" ...,. on Li\lc !A~Ihin n'fca!IOdDblc: P'!tiocl or time ofletwmplcllcn. ph3\'idcd .Lhnl OA ar Ware C'ompletl:on the Vendor .lui:J pTO"idt 10 the l'ur<l••••:r • mnrt~P9• •ulcm""l piqmr<d br !he monps•• ocllins 011r the b41MCC n:qofr<d 10 obuiln the: discharso. ,,'f "'ith •lllroi:•inu .,. .. utm~ by lho: Vcndordirec~ns J'IYm<nt to lllo me<rpall'•· o(lftc omoun1 ratuin!dlo ohtoin tlli di«Juo-s 01or!'( thc bahu1ec due 011 ccmp1~11un.
Between:
SCHEDULE "A"
Cbnrcomp Investments Limited (as Purchaser)
~and-
The Corporation or the Town or Tillsonburg (as Vendor) ·
This Agreement· is subJect to and conditional upon the foll<JWing
conditions being satisfied on or before Aug:u.st 7, 1998:
la) The Vendor completing an OtricJ;al Plan. And Zoning amendmimt
for th~ site to· a11o:w ·fur the Purc:baser1S iolevel.opment.
lb) Tbe Purchaser obta·ining or being satisfied ·that Si.te Pl.al'l Approvals. Pendts, Devei,opment Agreements, Building· Pe.rmits etc. that may be required by the mu.aicipality and/or any other regulatory body. are available to the satisfaction of the Purchaser. for: the construction and development of the
Purchaser 1 s pr.oposed cOIIIIIIercial{retail development. Tbe
Purchaser must also be sat:lsfied to his s.ole and absolute. discretion that a ·Lease with· Kelsey's Res·taur:ants ,is available for the new proposed .development. undel:' t:eMDs and
conditions· satisfactory to th.e Purchaser.
e) The Purchaser being satisfied that there are no
contamination 1 s existing in. the soils. and that the bel1ring qualities of the soil are suf.ficient for the purposes or the
erections of tbe structures for which plans shall be
submitted to the MuniCipality. the Vendor agrees • to provide any soil test 1 t may have. ·
Tbe Purchaser, its servants and. agents. shall have the right
to enter upon the lands herein after acce)ltance of this
Agreement to make soil tests and the Purchaser shall repair
and. restore the lands· to their original state i111111ediately following such tests.
In order to facilitate the approval or the Site Plan,. or ·any
other rtecessar:y approvals l'!!!QUired the Vendor hereby' appoints the Purchaser i,ts agent· and eml,'lowel'S the Pu.rchaser
to execute documents, prepare a:nd deliver submissions, and
to do all and any other thing·s tha.t the Vendor would hove been required to do in order to achieve such Site P.lan or any other necessary !lPProvals for the land herein. Fur.ther. it is agreed that all such activities shall be at the
Purchaser's expense and Purchaser shall indemnity and hold harmless the Vendor or and from any and all liability or responsibility with respect to such activities. Should.this Agreement terminate for l!nY reason. PUr.chaser shall execute
\ -
l :;~"
-:-/
,. ,.
"' ' ~· conrirmeo within GO days of acceptance or this Agreement.
8. JoJ.nt Develo(lllent;Aeeea.s/ and !?Drking Agree•ent;
It is the intent or the Purchaser and the Vendor to enter into a Joint Development Agreement of this site,·~berein the
PUrchaser ngrees to build the Kelsey's Restaurants and colllplete the site work on the lands to be purchased. 'A Joint Development Agreement and Reciprocal parking and Access. Agree111ent will be agreed to by botb parties within 60 days or the acceptance of this Agreement, and ~~mong other things wtll. contain the following terms:
a) The Lands to be leased by the Purchaser from the Town or
T:l.llsonburg (a$ shown on Schedule "B" Lands to be Lea11ed). shall be ror a term or 99 years on an absolutely net and care free.lease. yielding·$1.00 per annum. These lands shall be noo~exclusive to the Purchaser· or Kelsey's R.estauraots. ·
b) All lands to be provided tor parking sbilll be:
(i)
(ii)
(iii)
(:iv)
(v)
{Vi)
Constructed at· the Purcbe.ser's cost and expense.
The Pu~chaser and/or subsequent Tena~t shall be responsible for ail the ·maintenance and repairs or
the Lands subseq!lent to development as parking.
Any lands· provided for parking as .sbown on Schedule •s• attached or on Schedule "B" as revised within 60 ~ays, sball ·remain a parking lot fQr at least five years from the completion· date: after which the Town may develop the 'site. subject to predete~tned parameters, and subject .to the Vendor replacing any perking deleted wit.b the same number of spaces in a mutually, agreeable location
lncluding the ss spaces shown on Schedule •o• attached.
The Town will contribute half or the cost ·or develop~ng the non-exclusive parking up to a maximum or s2s.ooo.oo.
The Purchaser and/or Tenant shall be responsible for the taxes on the parking lands.
Lands Retained", Schedule· ~a·: A lease "'ill be entered into ror the "Lands to be
Retained" for parking for a term or five years with options for extensions should the Town not
{0
'v
Schedule " B "
To: Purclmse and Sale Agri!Cmcnl
Between:
l'urdu,.:r:
Vcador:
Add,....,
Charcomp IIJVCSimcnts Umhw
The Corpomtion or d10 'town oCTiUiOnbutg
VnCIIIti.LandS-SroachVII)I S~. Tillsonbutil, 0~
Ssbcdufg "A., Paqgt=uzbfl!l. Clvl
The rallowing4D1Cildnu:m islo Conn part oClltc above rcl1:ircd A~ ot~&nd Sale:
NOW mEREli'OIIE W1TNESSE'tli llial in c:Onsld~ ~r mulllal p1011li5c$ IWi olhct aood 1111!1
valwwk: coBSidOIIItiCA. !lie ~pi and sumoicncy or whicll is hcrdly acknowloci&QI.lltc palllei Jactdo
DgRclblillhc ionJJSIIQd P117VIsioi15oflhc Ag~CemCIItli!C heti\ly IJQO.QdcdiiSfOUows: .
PIC1$CDclctc::
The Toiwn will C:OnlnliU(c hair or lhc .cost or dCvclopiag Uto nortoecC:CilSivo porldng. up to a
ina:dmwn or m;oou.oo. . ..
JZ.
\
--!1!--,,
OntlltiO Docum9_!1t General Foitti4-t..tndB""-IalrotlonAo!onnAcrt -"" D
426384 ~w~;;dA+!' · · · .... 12 • • • • • .. ~ ... • . . AE~iQISTRAuuN
· (4).Nalutwci1Dooumonl
NGtlce of Lease (Subscdlon 22(7) of the Act
New Praporly ldonUIItro =-II; 0 -~
..... lltonll:. ... 0 -
~, . NQtiCe of Lease attal:bed.
(5) Conohllt.UO..
Dai!IISS
(6) Celcrlp11on
t:az g 1 , ' 1 !!P, Lot 946, and Part of Lot 945, Plan soo,
mure particularly deScribed as Parts« 2 and 3 on Reference Plan 41R.QS, Town of Tllbonburg, County of O!d'ord
(II) Rldlicrlptfon 1 P>) Sehodu!•IOI: -Ntw l!utmtnl ·1 Adcll1ktllll
Plln/Sirt101t 0 i Dacllptlan 0 · POriiH .. 0 Olhor 0 (7)~"" Contotilat
Conllmrocl .an llollodule 0
.·:-.:·>:,,;;;O);-;P;;:orly{l=aaJ:-:;-:ISot;::-:..,:::,-:;:Sio~wa=Qr~tn:::tott=llll:----------------------....:..---"""'
. Nonui!O) . Slgnituro~) C.~ at IJg'lf"re 0
I I ' ··---.~ .............. ~ .~ ................. ,_ ......... ~ .............. f ................ +--.. J ....... . CHAB.CO.MP.,DKVELOl'MENl'SlNC. -. ........... . (LesSor} • • 1 I I ""-"'"" ....................... , .................... -....................... -... f·--·-"·"i'"''"'j"""'""
........... , __ , .. , ... ~0-o<H"'-""''; .................. , ............ .,Hu•'""'""'''''"O 0 ... R.~ ""~'' "o
l .! f
,, ~,.,,,. •• , ~ ,,,., .. ,; •• ., ...... .,,.,.,,~ ..... -·· -"'""·' o• "''"'~'''' ,.,,_,!,,.,_,,~.,..,~~""'"''••••~•" .. I I I i I I
(11)Addrua
rar s-.Ico :z44 Pall Man St •• Suite 4112 London Ontario N6A SP6
· (1:!) PO!IyQoo) (Sot out Statuo cr -~ \ .~&~oLD~ss.mc .... _ .......................................... ~ .... a .... ~ .................... j .. :J!~~t
ola Kelsey's Restllllrallt Per. .. i j ! ~~~~NE;-mwms ·········-...................... James.C8mpbeii.BlO.Im ..................... -+-··-...... l ..... :-···"·
................................ -. ................ ~. "'"""'""""."""•••"•"•"" ....... , ...... _ ... _......... "···-· ................... _ .................... ······'· "" .............. _., .............. .-!""""\:": ... .
:<1"1Addroo•
: 1"' Sorvtco 450 South Service Road West , Oakville. Ontario L6K 2114
(14) !!unlclpal Addma of l'rapo!IY (15) Doo.,.,i Pnl>Mtd by!
~7 Broadway, Bl'lllfll, Saufone, Hawkins·
Tillsonburg, Ontario Barristers and SolicitOn .
Suite 10$0, 120 King Street West
.Post Office ~ 926, Dl!pOt One
flamUton, Ontatid UN 3P9
James C. Brownlnm
Fw .. naTex
Riglotratlooi'H So .. ~
0
,._, "''"'
.:schedule
POMI a-Land llegl-n Aolotm Act
REGlSTRY ACf
NonCE OF LEASE
NOTICE is hereby giv.en pumaant to Subsection 2%(7) of the Registry Act, ot iln unregistered agreement
to lease dated tbc 18th day or June, 191l8, and any subsequent lease prepared in accordance witb such agreement (collectively the "Lciase"), made·
BE'l'WEEN:
-IU1d-
CHARCOMP DEVELOPMEN1S INC.
(herelnafler called "t!Ml Landlord")
Kli:LSBY'S HOLDINGs INC.·
ctpmlllllg as Kelsey's ~
(herdnafter caUed "the Tenant")
s
.: atrectil!g tbe ~d dcsq1'bed in Box ((j) In tbe Form 4-Doeument General attac:lled heretO and deplcted.on.
· .the .site plan attached hereto as Schedule "A" (the "Demised Llmd" or "Premises") · ·
1.,: · Tbis lease shall have a tenn of Fifteen (15) )'ears from tbe. Lease Collllll.enceJJ)ent Date.· which shall . : ·be. the earlier of th" expiry of the F'lXtUting Period or the opening by the Tenant of Its b~ess in ..
.2.
3.
. 4.
·and from the Leased Premises. ·
The. Tenant is hereby granted a right to extelid the teriu of .this Lease ror one further term of Five ·
(5) )'ears. . , .
The address or the Landlord Is:
: 244 Pall Mall Street; ·Suite402,
London, Ontario N6ASP6
The address or the Tenant Is:
450 South Service Road West Oakville. Ontario L~2H4
. The.-Tenant is prepared to produce tbe lease to which Ibis notice relates for inspectloli by any person who
· can establish that he has an interest lu tbe lands described In Box 6 of tbe Docwitent-General.
Dated at HaJDnton, In tile Province of Ontario, this 14th day of September, 1!198.
UlfOIIDHIU•Ii~ ..._,.,.
KELSEY'S HOLDINGS INC.
By Its Solicitors
BROWN,. SCARFONE. HAWKINS
Per: .t:J/!Juf? <e ~ ~.Brown
. .;!::;--~" ,,._,........ Aflldalllt o1 Residence aild or Value of the Consl~n
o. .. JtiOo/1/n-on monulrlo t.e"fW6 • .Form 1-Land 'J'ransfer'nlxAQI:
, I!N THE MATTSR OP T.HE I;:OHVS•ANCt o• ~--~-.. ot-~Uart.Dt:.J.ot9AS,.J!IaD..500-mD~~_descrJbed.as..Earts .... ,2..and.l,.Oil.RefetCIJcil.fJan..4J.R..-6262rTo)I'.D. oF Tillsoub••ri, .CoUQ~t..O.doa;cL_ ~·~·~···--------· ~-----~•• __ , .. __ .,...,J:JIAR.CO~E.\!ELOPMFN.r.S.INC.,.:-~------------
To --... , ___ ., .. ,__, • ..., JCEl.SEV'S.HOLDINGilNC •. ----------------
. I. ,_, .............. __ o) .. WJJAMES_CAMEB-ru::L.BRO~.---·..:._~~-----------
M~KI DATH AJIO &AY THAT:
1. 111m lP' ..... $«.,.,......,.,...,....,..,_,_,._,.e~.-,.,_,,..,.,.,..,.,~.,.CJ¥Hif1,.,..~n: (•"~'J
CJ ·.fa) A P:'llQttltf lnuJ IQr wttom IM.Jand conveyed In lhelbo\IHo.tcttbld Conwyanceli Min~ r:on~. 0 (0) A I RillitO nllrtltlln tnt ~Mibed CGttVIt\ltlnc• ta Whom lnt fend 11 btlnG ~:tnvvroll: 0 lel A lntnalom nimed 1n liM lbeveoOJICf'l.btcl COfiVIVInct: XJ (G) Th~aulhDrtlOdllllat:lrJ.OIItllorac:Ung lnttiiSlra.rtJRitontGftHNwr--rt~.r,.ltroJp.al(•fl~"--------
. . ~Gttbt41ni*OOmpil(t) .CK), (D9. CC) lb0vt:{llrh_,~ ... ,.,.,..,.~
. 0 (o} tn• Prtildllll. Vfce-Pru~ant. Mlliulgat. Sllc~III!Y. Dlrtefar,or ,.,_ll:!tmr SUIItOtllfG tfJ eel tor,,_,,..,., .t~•JJ~· -------
------------'--"'~lnptt.gr~pncat Co), (1>). (c) ilbovti~illll',..,.,.....,,.,_,.,..,....l. 0 {1)·"/Ji.lran&rlrHG•Kdhellnpuagraphf )tlffMfMfreM.,,.,_,.,.l4toi•I•I.,...,_.,~IMiinmalc.ln.;lf'llllrf#4mlanmy"OW"Dflldindon
UlhiJIOitJ-wf~~~~MMt.,..,..} l#rho .. tft'/•pouMctHCIItHIId
lnportgiiP!l( ,_.,_oi_IO/.tbJ•r•i-u-1 onauJUcn,I...;..,.,. • .,_IOdgtollhioli.CII_n_to. 2, (Toblr _____ .,tno_l'wltHI ___ ,Iioll}.
I n.av• rtatl tnd con1hio~ lnt dthniUon or -.tngtt family J'l:l.ldlftCl" n1 atrt In c=~"U... 1C1 Ute) or tho Ml. 'lbi!Af'ld conWVfd, lh U•• a!IOft.ditterlbM conwy.~n~
Cl ""'"",.~ IIIII.,. .,;, no! ,..,.,•••lviOirnvr• tamll'f."""'-· Plott: Cllllll2(t)(d) ~-onlddlllonll tUatlhl fllo olon""""l "-""' CJ don nOI eontafn aJinglt.lamtl)' rnleltnee. etm UP.O" lht value ot conlidmtlon bt .-.. ~ 1400,DOO wMre M oorwttertat 0-C®llln& rn01e I~ l'o1lo ~ f•lrilty rUlc:Umcts. t ... ~'I Olrnlltnt tll.at on. and not morw bn IWD aln;l• flmll, tMIMnof:llo
;), 111M rNd bnd eo~tclftod.lt1• d.tlnMion•·~:u "iion•,.•hant ~ anc·"nan·rtloiUN JMI'IOn"'-101 01.11 tttptttillily In a.um 1(1)(111nd (gJ OllM Acl
IU\Q ••en of U'Kt lolf0¥ring PIIIOM to WhOm or In INII tor Wham lh• llrid 11 being cameytd 1n rn. lbOvfodHcnDtd eonvevan~ tJ a 'IK)ftomfdtrd corpoiallan• ·14. oro'"non·tatliltnl_ptr'IOit"' ...... lcn&tln11MAcl. , ... ~,.....,.,None._ . · · · · o' .
C:_~.t. THE tOTAL. aCuaSIDIRATION 'OR THIS '1'RANSActt0tt tS AU.O.CA'I'ID AS ~OLLOWS: _!0::~ (arMorllnpqklorlotNpatdlnct~t1 ~ •••••• L ••••••••• , , • , ••• ,', $ ~ z (ll)Mor1aq•i (I)Ao"""O<I ____ , .... _., ___ ), , S --ll!iL...
· (II)GNtnDIIC!Iil.lowl'ldor. , • , , , , ••••• • •••••• , •• ,, S -..Nil-
(e) PI"Gpmy lhl~t.rrtd In •X'Chan,. ,.,._, aw.-1 , • , • • · , • • • . , , . , • , • , 0 $ --Nll...:._ (dl.$•"'"'~"'""" ....... , .. ,_., __ 1 ••.•..........•. · •• ,_............Nil
to) uoru. t~ldn. cnnu111aa Mel IMinl1nanel' ali.,QOtiQ wNen tr.nater 111o autr~Ct • • • , , NO
(f) OZIMr ~~uuw conaktamUon ini~}Ht to land "'-"''•' tax (hfaJt k'owJ • • • , •. • , , • s MJ
(g)VAl.UE OF LAMO,:BUILDINB, PIXTI.!AiiS ~NO GOODWILL SUQJ'ECT TO
LAHC fAAHS.&RTAX (rofoloi(O)to(l)) , , , , , , , , , , , , • , , , , , , S -·-·-·-.-O.Oil S -~~_,.Q,_,[lQ..._
(!'I} VALUE Ot: ALL C::tiATTI'-1 -· ntma ol Jnglt!l• p.rwDnlll pJ<Opel'ly -~~:.#w~:J:~J.tfls,~.,.~~ ... '.' ...... 0 ••••••
(I) Olhor COI\IlaOtaJIOII re~r tllnutiiOn not t~ueled tn· (gJ or ~) alxwt • , - , .• , , •. , • . • • • • .• • , , • • • , $ . . Nil
Nil
Nl-....... ,_.,.,.
. (I)TOfAL CO.NSIOtAATION • , , , , • , •••• , , , , , , • , , , , , , , , , .• , , •• , , , , • , S -.A._Qg.
&. It COIUilHmilon 11 tKIII!an'al, attcrftw NlaUonarup o.MPl'l trantrotor lhd ll&nlliHM 1ncJ auu, purpoit oT canwy.lfttt, , .... ,.....,..,.... a,t l.qndlord to
tl. lftM conlldOrAII(Ih IS nomlnal, 11 lho lM1d IUbfat:IID I?»' flft~m~? .nf.a. · .
7. Oll>lr """"'""' ,,..., .... ,.,.. u nototllfl' • .ll,te.Lease.Js..nolsubjed.Jo~tax.beamse the term, lndu~e.wals,... cann~)..);ears and thece.b.dng.IIO.:option..to..pJ.ltCbase..:,..ursuanuo..sedion.l..((i)..l)[.tha__ A.~------~------------------~~--------------------,....
s ... m .,,.,, m04llh< ·City of Hamilton l
m1111 ~egiooal Municipality or Hamilton-Wentworth . ~ ,,.. . /If . "'or September ,. 98
~-1h-L<~.....,,~~·~... l ~0'1 . -' .. ···-r~~~~""'~ .......,._~---..._ ___ _
ACommr .. ronlllotll~ng ~1111<. · lrB""""Scotoot.Hoo!b,...._a....,. -·1 ................. 'r~ ..... 1"'. 'R ... wn
Proporty lnforma~on !lacord For L.ond Rotil!ry OIIIH Uoe Only
A. OOICTt~ NltUro ot IMlrutn.nt: Leas~
B. (I).Ac!Oroo o1 piOj!tlflo """' ~"ve<'IH_,_/2.41.llr.nadw.ay.,.ilnsolihurg RoglijniliOI>NO.
'·--· {li}Al•n•m•nt ROll No./ll...tl&lrltJn/a --c. ·MIIlJilg addron(") lOr Mur..fltlliC.I Cl AUHtm•nl vnr:lvrtlfe AIMJSmO!II ~I lpr proptity bolna
"'""Y"" ~ -..712!14..Pa1l.Mallt...-S.ulte.AO:,.Londoa...Ontario.N6A.. AtgtllldoiiDI~ r .......... -... SEQ . . .
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(c:) Do all.lnttlvld~ ltlrlllttOII flow Froncll L.llngiJI!I;• Ed~c&l~ Al"hll 1 Yet 0 ND tJ
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s Schedule
Form; -Land Regltlllitlon Roform Acl
Addlthmal Properry ldOIIUIItr(a) artrJfar Other lntonnoUon
CHAP.CoMP DEVELOI'MENTS INC. (hereinafter C.llled lhe "Tr.~nsleror"), IN CONSIDERATION of other
good and valuable conslderadon and tile sum oflWO DOLLARS ($2.00) paid to It, tt.lnSferto THE CORPORATION OF THE
TOWN OF TILLSONBURG (hereinafter c.1Ued the "Transfere~~'), the rlihtand easementln, lhrouih, undel' and upon llle lands
doscrlbtd In Box 5 of the Transfer of Easement to which this Sdiedule 1$ ;iached to construct, ~nsUUCt, repair; clean,
malntlln,Inspe" and use as part or the sewera11e system of the Town of Tll~onburg and as appunenant.tilereto and to llle
hlibways In the ownership of lhe Tr.nuferee, and ror all dmes hereafter, a sewer or sewen or such kind, size, l}'pe and number
as the Tr.msferee may rrom time to time detennlne necessary,
. TOO ETHER WI1H the full rl&ht, Uberty 1 prlvllep and easement UntO lhe Transferee, lu sutcmori and asslins
;nd Its and lhelr servanu, agenrs, work people, conuaaors and others· designated by 1~ and them frOm time to lime ~nd at 311
limes fote"'=r heruftllr, to enter upon the said lands wlth.orwtlbout tools, ma,hlnery, equipment and whlcles, for the purposes aforesaid. · .
It shan be lawful for the Transferee and Its succesiors and asstgns to exmtse and enloY the rlshu, liberties and privll~ hereby gnnted without bellll Uable for any lnterfereiiCe, ton or use or lOis or profit which shall or may be chereby
caused to the said land.! or to die owners and occupleiS thereof rrom lime to dme, and the Transferee shall have the riglit to
cut down and remove any b111Sh, treeS, shrubs, fences, pavemeniS, ramp1, curbs and other ob]ecls 35 may be necessary or
convenient In the exerclie of lhe right and privileges hereby mnte~, and likewise to excavate and remove tlie soli and s'urflltl!lil
for the PUIPOles· aforesaid. ·
The Transreru COY&IANTS with the Transferor that the Transferee win restore the said lands to 3 condition approximately the condltlqn which exl5ted Immediately prior to each and everyenpY upon the ~Ill, eJCdudlnB the replacement
of brush. and um.. . ·
. The Transferor' COVENANTS that no bulldln~~ or other suucture shall be eremd on or over the lands descrlbtd
In Box 5 of me Transfer of Easement to whiCh this Schedule Is attilehed without the consent of ~·. Transferee.
IN WITNESS WHEREOF the Transferor and The Corpondon of tile Town of 'Tlllsonflllrt have eJ~ecuted.lllls
agreement.
DATED the 1st day of Marth, l~99.
,,...,..~~:J.11it~,.•o•o•Mjl...,
=-~~<
Robert l• Traher
P~ldent
I have authoriiY to bind llle corpora don.
~" 1111102
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
STAFF REPORT
OPERATIONS SERVICES
Noise By-law Exemption-Hwy #3 and Vienna Road
Intersection Improvement
OPS 14-04
LISA VANDERWALLEN -Development Technician
COUNCIL MEETING
FEBRUARY 10, 2014
VARIANCE REQUEST
RESOLVED THAT Council receive report OPS 14-04
Further That a variance to Noise By-Law 3002 be granted for night construction to
complete the median curb and surface course paving for the roundabout at the intersection
of Highway #3 and Vienna Road.
EXECUTIVE SUMMARY
As part of Ontario Ministry of Transportation (MTO) Preliminary Design and Class EA
studies, retained firm McCormick Rankin has been contracted for proposed works including
the construction of a roundabout and associated illumination at the intersection of Vienna
Road and Highway #3.
To complete the work in a manner that reduces project duration and limits the overall
disruption to the public, night construction is proposed which warrants relief from sections
1.11 and 1.16 of By-law 3002. Section 1.11 prohibits noise arising between the hour of
6:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following day from any
excavation or construction work whatsoever and Section 1.16 limits the use of power
equipment between the hours of 10:00 o'clock pm of any day and 7:00 o'clock a.m.
Anticipated work overnight will require concrete trucks, concrete crews, paving and
compaction equipment along with trucks transporting asphalt. Work requiring night
construction is anticipated to be completed in less than ten nights in the summer or fall of
2014.
To mitigate the impact of the overnight noise, the contractor will be required to keep idling
of construction equipment to a minimum and maintain equipment in good working order to
reduce noise from construction activities. Further, efforts will be made to avoid
)
McCormick Rankin
72 Victoria Street South, Suite 100
Kitchener, ON Canada N2G 4Y9
t: 519.741.14641 f: 519.741 .8884
www.mrc.ca
January 7, 2014
Steve Lund, P. Eng.
Director of Operations
Town of Tillsonburg
200 Broadway Street, 2"d Floor
Tillsonburg, ON N4G 5A7
McCORMICK RANKIN
A member of .#A'-' MMMGROUP
Re: Ontario Ministry of Transportation-Request for Noise Bylaw Exemption
Highway 3 & Vienna Road Intersection Improvements (G.W.P. 3045-08-00)
Dear Mr. Lund,
McCormick Rankin, a member of MMM Group Limited has been retained by the Ontario Ministry of
Transportation (MTO) to undertake the Preliminary Design and Class Environmental Assessment
(Class EA) Study for intersection improvements at Highway 3 and Vienna Road, in the Town of
Tillsonburg. The proposed works include the construction of a roundabout and associated
illumination.
The purpose of this letter is to request that the Town of Tillsonburg Council grant a Noise By-law
(No . 2482) exemption for night construction to complete the median curb and surface course paving
for the roundabout. It is anticipated that concrete crews, concrete trucks, paving and compaction
equipment along with trucks transporting asphalt will be required for the night construction work.
The work requiring night construction is expected to be completed in less than ten nights, in the
summer or fall of 2014.
The above exemptions are required in order to reduce project duration and overall disruption to the
public.
The contractor will be required to keep idling of construction equipment to a m1mmum and to
maintain equipment in good working order to reduce noise from construction activities. Effort will be
made to avoid unnecessary or unreasonable noise during night work. In addition, the Contract
Administrator will be available to address any concerns that may arise with respect to noise during
construction.
global transportation engineering
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
CULTURAL ADVISORY COMMITTEE
AWARD OF CULTURAL FUNDS
COLLEEN PEPPER, Marketing and Partnerships Officer; Staff
Liaison to the Cultural Advisory Committee
COUNCIL MEETING
FEBRUARY 10, 2014
GRANT APPLICATION
THAT Council receive Cultural Advisory Committee-Award of Cultural Funds;
AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward
events on Tillsonburg Family Day (February 17, 2014) including a free skate and
swim.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval for the recommendation made by the
Tillsonburg Cultural Advisory Committee for the disbursement of a portion of the funds
available in the 2014 budget.
The mandate of the Cultural Advisory Committee includes making recommendation to
Council regarding grant applications received for cultural events in the Town of Tillson burg.
On Wednesday, January 8, 2014, the Cultural Advisory Committee passed the following
recommendation:
a. "RESOLVED THAT $500.00 be the recommended grant to the Tillsonburg Family Day
Committee for activities occurring on February 17, 2014.
The application from the Tillsonburg Family Day Committee is to offset costs related to the
hosting of free Family Day activities in Tillsonburg (Appendix A: Application).
Cultural Advisory Committee
Grant Guidelines & Criteria
Please read the Cultural Grant Guidelines & Eligibility Criteria before completing your
application form.
Please note:
• Not all submissions meeting the criteria will receive a grant as the level of support
depends on the amount of submissions received and available funds.
• A grant in any year is not to be considered a commitment by the Town of Tillsonburg
to provide assistance in future years.
• Applications should be submitted 3 months prior to an event/program. The Committee
will review the applications on the first Monday of March, June, September and
December.
• Applications can be submitted in hardcopy, fax, or electronically. Electronic
submissions should be signed or followed by an original version.
For more information, please contact:
Colleen Pepper, Communications and Partnerships Officer
Town of Tillsonburg
519.688.3009, ext 3231
Guidelines & Criteria
In general, Cultural Grants will only be awarded to initiatives that result in a unique
contribution to the cultural life of the community or that promote activities in support of the
artistic, historical or lifestyle heritage of the Town.
Eligibility Criteria for the program are:
1. Funding will be provided only to non-profit or not-for-profit organizations and
committees.
2. Applicants for Cultural Grants must be located in the community or primarily
provide cultural benefits for the Town of Tillsonburg.
3. The organization/committee must have been in existence for two (2) years
and/or have demonstrated appropriate experience/expertise.
4. Funding will only be provided to festivals or events that include the arts as a
significant component of their programming.
5. All events and festivals must be open to the public and publicized (if
applicable).
6. Cultural Grants will be given to supplement current operating budgets and to
reduce or eliminate existing deficits.
7. All successful applicants must acknowledge the contribution by the Town of
Tillsonburg (Cultural Advisory Committee) when promoting their Project/Event.
8. All successful applicants will be required to submit a final report with
comments regarding the use of grant funds within 1 month after the event to
the Town of Tillson burg Economic Development Office.
Cultural Advisory Committee
Grant Application
Please enclose the following documents:
Page 1 of 2
• A completed & signed application form (please ensure your answers are printed
clearly and provide concise answers with brief descriptions)
• A list of your current Board of Directors or Committee Members
• Most recent Annual Report or statement of activities (if requested)
• Your Organization's audited financial statement or most recent financial
statement endorsed by two (2) signing officials (if requested)
Return completed form to:
Tillsonburg Cultural Advisory Committee
c/o Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg ON N4G 5A7
Or cpepper®tillsonburg.ca
Applicant information (please print):
Organization Tillsonburg Family Day Committee
Contact Name Sarabeth Strathdee
Address
Event will be at the Tillsonburg Community Centre
Telephone 519-550-7425 Email Address
i nfo~tillsonburgf ami l~da~. ca
Postal Code
Fax N/A
Project/ Event Start Date Man Feb 17/14 Completion Date Man Feb 17/14
Date(s)/Time(s) 8:00am 5:00pm
Project/ Even t Title & Purpose
Tillsonburg Family Day
All day free event for families of our community. -See Attached
Total Budget for Project! Event 2014 Budget
Expense:
Amount of Grant Request $500
Rationale for Grant Amount
Facility: $2800
Carnival: $1500
Kids Project &. Entertainment:
Advertising/Signage:
Admin Costs:
Total:
$1200
$1000 s 500
$7000
Item Amount Comments
Family Entertainment (Reptile Show) &. Kids Building Projects. Kids will have
opportunity to build a planter/keepsake wooden box.
However, there currently are many needs for the day so the money received from
this application has the possibility to go towards any portion of the day that
Committee prefers.
Other sources of funding to be received for this Project/Event
Federal S
Provincial S
Municipal S
Private S 1000
Other $ _______ _
Total S 1000 (amount raised to date. Fundraising is happening now)
Please list how and where the Project! Event will be promoted I advertised
Local Schools, Local Cable, Community Billboards/ PSA's, Signage, Social Media &.
Website ( www. tillsonburgfamilyday.ca )
We are open to other suggestions and ideas as we decide what will be most cost
efficient for us this year.
Cultural Advisory Committee Chairperson Date
Recommendation to Council/ Approval
Amount approved by Council: $ __________ _
Date Approved by Council
Confirmed with Applicant
Applicant Notified of Grant Amount--------------
Date
Final Report Submission
Project/Event Date: ________ _
Final Post/Report by Applicant Submitted: ___________ _
Date
Since the Free Skate in 2012 there has been a natural
growth in activities and interest in offering something for
Family Day. There has also been more awareness in the
community and people participating in the activities. 2013
offered multiple free skate time slots and a free swimming
slot. All of these activities were filled to capacity and then
some!
We are pleased to have the full endorsement of Mayor and
at his request will be bringing it before town council for
their endorsement in January 2014.
We expect this year to be even bigger as we have expanded
to include more activities along with more free skating and
swimming times.
Committee:
Our "Lead Team" is a made up of volunteers who work
together to plan the day, they then lead individual teams of
other volunteers to oversee specific areas of the event. At
the time of this application our Lead Team consists of:
• Brent Shepherd
• Rick Cox
• Sarabeth Strathdee
Financial Strategy:
This event offers business' in our area the opportunity to
give back to their customers, while communicating the
message that 'We care about Families' and that 'Family is
Important'. Business' and Community Groups are being
approached at this time.
Bethel Pentecostal Church has agreed to support this
festival with Financial Administration. Bethel will not be
receiving compensation for this. 100% of contributions will
go into a separate Family Day Fund for this event's
expenses. Reports and statements will be available upon
request.
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3795
A BY-LAW to amend By-Law 3726, to authorize a special municipal levy on certain
lands within the Business Improvement Area (BIA) for the construction and maintenance
of municipal parking lots within the BIA area
WHEREAS it is deemed necessary and expedient to amend By-Law 3726 to
delegate approval authority to grant relief from said by-law to the Town Clerk.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town
ofTillsonburg as follows:
Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as
follows:
I. That the Town Clerk shall be authorized to process and grant relief where
warranted;
2. That Schedule A attached hereto shall replace Schedule B to By-law 3726 which
allows any property within the designated area that complies with the parking
requirement contained in the current Town of Tillsonburg Zoning By-Law 3295,
Section 5.24 Parking Provisions to apply for exemption from this special local
municipal levy.
3. That all other provisions of the annual By-Law, 'To Provide for the Adoption of
Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in
Default of Payment Thereof shall apply as set out therein.
4. That By-Law 3726 passed by the Council of the Corporation of the Town of
Tillsonburg on January 13, 2014 shall be hereby amended.
This by-law shall come into effect on the date of the final passing thereof.
READ A FIRST AND SECOND TIME THIS lOth DAY OF February, 2013.
READ A THIRD AND FINAL TIME AND PASSED THIS lOth DAY OF February,
2013.
Mayor-John Lessif
Clerk-Donna Wilson
By-Law 3795 Schedule 'A'
# lli~onbur0 Please submit this request by
Sa mail or email to:
a;lzcet4kii/~~ Tillson burg Corporate Office -
Attn: Town Clerk
200 Broadway, Suite 204
REQUEST FOR RELIEF FROM BY-LAW Tillsonburg, ON N4G SA7
Civic Address of Subject Property: dewilson@tillsonburg.ca
Property Zoned:
Legal Description, Roll# if available:
Name of Applicant:
Date of Request:
Mailing address of Applicant:
Email address of Applicant
D Request for Exemption from current By-Law, to authorize a special municipal levy for construction and
maintenance of municipal parking lots within the BIA area.
Brief Description of reason for exemption:
Applicant's Signature
For office use onll£
Chief Building Official Development Planner
Review completed by: Review completed by:
Date: Date:
Based on the review, the recommendation is to: Based on the review, the recommendation is to:
DApprove DApprove
DDeny DDeny
Comments: Comments:
Signature: Signature:
Town Clerk Approval:
Request Approved D Request Denied D
. Your request will be reviewed and if determined that your property qualifies for an exemption you will be notified, by mail or email, within
10 business days of the Town receiving this form. . All exemptions will be brought to Council, the meeting date will be provided to applicants once known . . This form shall be circulated to the Chief Building Official, County Development Planner, Clerk, and Revenue Manager .
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3796
A BY-LAW to enter into an agreement with Bulk Barn Foods Limited and RMM
Tillsonburg Centre Property Inc.
WHEREAS Sections 8, 9 & 10 of the Municipal Act, provides a broad authority for
Municipalities to exercise its rights and powers of a natural person to enter into
agreements and pass by-laws that the municipality considers necessary or desirable for
the public.
WHEREAS The Town of Tillsonburg is desirous of entering into a Non-disturbance
Agreement with Bulk Barn Foods Limited and RMM Tillsonburg Centre Property Inc. to
consent and approve the Lease pursuant to the terms of the Ground Lease with RMM
Tillsonburg Centre Property Inc.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
Non-disturbance Agreement on behalf of the Corporation of the Town of
Tillson burg.
READ A FIRST AND SECOND TIME THIS lOth DAY OF February, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 10th DAY OF February
2014.
Mayor -John Lessif
Clerk -Donna Wilson
SCHEDULE "G"
CONSENT TO NON-DISTURBANCE AGREEMENT
This Agreement made as of the lOth day of January, 2014
BETWEEN:
The Corporation of the Town of Tillsonburg
(hereinafter collectively referred to as the "Head Landlord")
OFTHEFIRSTPART
-and-
Bulk. Bam Foods Limited
(hereinafter referred to as the ''Tenant'')
OF THE SECOND PART
-and-
RMM Tillsoburg Centre Property Inc.
(hereinafter collectively referred to as the "Head Tenant'' or "Landlord")
OF TifE TillRD PART
WB1j:REAS the Landlord and the Tenant entered into a Lease date<il as of the 19th day of
December, 2013, and as same may be further amended from time to time (the "Lease''), for premises
containing approximately. five thousand, two hundred IU,1d thirty three (5,233) square feet (the "Demised
Premises") in the complex located at Tillsonburg Town Centre, in the City of Tillsonburg, in the
Province of Ontario ("Complex") as more particularly described in Schedule "N' attached hereto (the
"Lands");
AND WHEREAS by a Ground Lease dated July 31, 1979 (the "Ground Lease'') between the
Head Landlord, as landlord, IUld the Head Tenant, as tenant. the Head Landlord granted to and in favour
of the Head Tenant a long term leasehold interest in the Lands and the Complex for a term of fifty (50)
years less one (1) day which included the Denrlsed Premises;
AND WBEREAS.p~ to the Ground Lease the Head Landlord granted to the Head Tenant
the full right, power and absolUte authority .to enter into agreements to lease for premises at the Complex
and assume all obligations and liabilities in respect of all .leases in place at the Complex including the
Lease in respect of the Demised :Premises; and
AND WHEREAS the Tenant has requested the. Head Tenant provide from the Head Landlord its
consent and approval in respect of the Lease pllilllllmi: to the terms of the Ground Lease and provide the
Tenant with a Non-Disturbance Agreement and the Head Landlord and the Head Tenant have agreed to
enter into this Agreement with respect to fulfilling the foregoing request made by the Tenant subject to
the terms herein contained;
WITNESSETH that in consideration of the sum of One Dollar ($1.00) now paid by each of ihe ·
parties hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties
hereto h!:reby covenant and agree as follows:
1. The Head Landlord hereby consents to the Lease as assumed by the Head Tenairt under the
Ground Lease subject to the proviso the giving of this consent shall not be deemed to release or
discharge the obligations of the Head Tenant under !fLe terms and provisions of the Ground
Lease, including its responsibility for the payment of all rent thereunder and the performance of
the obligations of the Head Tenant under the Ground Lease.
2. The Head Landlord hereby recognizes the Lease and hereby agrees that so long as the terms and
provisions of the Lease are being complied with, the TeJllll!i shall have the right to peacefully and
quietly have, hold and enjoy the Demised Premises pursuant to the Lease without interruption or
disturbance by ~ Head Landlord or by any person, firm or corporation claiming by, through or
under the Head Landlord and that the Tenant's rights and privileges under the Lease to possess
the Demised Premises shall not be in anyway disturbed, dhninished or interfered with by the
Head Landlord. . .
3. The Head Landlord covenants and agrees should .an event of default by the Head Tenant occur
under the Ground Lease which gives rights to and in favour of the Head Landlord to exercise any
50
------------·~---·
request is given within five (5) business days following such event), exercise its rights as an
under-lessee under section 21 of the Act, or any like rights under common law, to claim or apply
for an order investing the term of the Lease, and the whole of the Demised Premises in the
Tenant, on all of tru; same terms and conditions as the Lease, and the Head Landlord shall, at the
request of the Tenant, consent to such claim.
9. If a receiving order in bankruptcy, or winding up order is made against the Head Teilant, the
Tenant may on its own accord and shall at the request of the Head Landlord (provided such
request is given within five (5) business days following such event), exercise its rights as an
under-lessee under subsection 39(2) of the Act or any like rights under common law, to exercise
its election as under-lessee to .stand in the same position with the Head Landlord as though the
Tenant were a direct lessee of the Head Landiord, for the balance of the tenn of the Lease on all
of the same terms and conditions contained in the Lease, and the Head Landlord shall, at the
request of the Tenant, consent to such exercise provided it is understood and agreed between the
parties hereto the rights of the Tenant shall be limited solely to the rights afforded to it in respect
of the Demised Premises and the Complex only arising under the Lease and no other rights at the
Complex as may be contained in the Ground Lease in favour of the Head Tenant:
10. Neither the Tenant nor itS successors or assigns shall enter into any agreement to amend or
. modify the Lease which would result in the Tenant paying to the Landlord rent for a period of
greater than one (1) month in advance. Any such agreement made in contravention of the
provisions of this section shall be no force or effect as against the Head Landlord or agliinst any
subsequent purchaser from the Head Landlord, or as against l!DY purchaser and any sale process
in respect of the Head Landlord exercising its rights under the Ground Lease.
11. The Head Tenant and the Tenant hereby acknowledge and confirm to the Head Landlord that:
(aL
(b)
(c)
The Lease is in full force and effect and in good standing;
No rent has been paid in advance under the Lease save and except as set out in the Lease;
and
To the best of the Tenant's and the Head Tenant's knowledge, respectively, neither the
Tenant nor the Head Tenant presently has any knowledge of any present claim to set off
againt rents dUe or to become due, under the Lease whiph has occurred prlor tci )he date
hereof.
12. Notices, demands, requests or other instruments under this Agreement will be delivered in
person, by courier, by facsimile or sent by registered mail postage prepaid and addressed:
to the Head Landlord and Head Tenant: c/o SmartCentres
to the Tenant:
with a copy to:
700 Applewood Crescent, Suite 100
Vaughan, Ontario
UK5X3
Attention: ~Department
55 Leek Crescent
Beaver Creek Business Park
Richmond Hill, Ontario, UB 3Y2
Attention: Senior Director, Real Estate
David Calder
CAO, Town ofTillsonburg
200 Broadway Street, 2""Floor,
T~urg,OnmrioN4G5A7
519-688"3009 Ext. 3227
A notice, demand, request or consent will be considered to have been given or made on the day
that it is delivered in person or by courier or, if mailed, seventy-two (72) hours after the date of
mailing. Any party may notify the others in writing of a change of address and the address
specified in the notice will be Considered the address of the party for the giving of notices under
this Agreement. If the postal service is interrupted or substantially delayed, any notice, demand,
or request or other instrument wili only be delivered in person or by courier.
13. The foregoing provisions shall be self-operative and effective without the execution of any
further instruments on the part of either of the parties hereto. However, .all parties hereby agree
52
THE CORPORATION OF THE TOWN OF TILLSON BURG
BY-LAW NUMBER 3797
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 101h day of
February, 2014
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 ofthe Council ofthe Town of
Tillson burg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillson burg at its meeting held
on February 14, 2014, 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 Tillson burg 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 sea I ofThe Corporation of the Town ofTillsonburg.
4. This By-Law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 14th DAY OF February, 2014.
READ A THIRD AND FINAL TIME AND PASSED THIS 14™ DAY OF February,2014.
Mayor-John Less if
Town Clerk-Donna Wilson
Report Title:
Report No.:
Author:
Meeting Type:
Counci~ Date:
Attachments:
RECOMMENDATION:
STAFF REPORT
DEPARTMENT
Ice a. Water Entry Rescue Program Implementation
FRS 14-02
Jeff Smith, Fire Chief
COUNCIL MEETING
FEBRUARY 10, 2014
That Report FRS 14-02 be received as information.
: EXECUTIVE SUMMARY I
With the passing of the Municipal Budget for 2014, the Fire Department has begun to
implement the Ice & Water Rescue program level of service. The report contained herein
will outline for Council the implementation process and the expected time lines.
COMMENTS
At the May 27, 2013 Council Meeting, the Fire Department was authorized to implement a
Ice & Water Rescue Entry program, conditional upon the required equipment and training
funding being approved in the 2014 Budget process. Upon Council's adoption of the 2014
Budget on January 27, 2014, the Fire Department began the process of planning the Ice &
Water Entry Rescue program implementation.
A core team of firefighters certified Ice & Water Entry was in existence prior to the approval
of the 2014 Budget. There are currently enough certified firefighters to compose a "go
team", however there is not a sufficient number of certified members to form a Rapid
Intervention Team or to maintain sustained rescue operations.
To ensure that there are sufficient certified firefighters to form a complete Ice & Water
Entry Rescue team additional members will be trained. The currently certified members will
be augmented by members who are currently obtaining their certification. The training
process began with a swimming test at the Tillsonburg Recreation Complex pool on
February 9, 2014. Members who passed the swimming test will participate in a two stage
training process. The first stage certification is the open water entry rescue training and
the second stage is the on ice & cold water entry rescue. Training, including the lead
instructors for both the water and the ice rescue courses, will be conducted in-house using
\
COUNCIL RESOLUTION
AGENDA ITEM NO.: Date: February 10, 2014
RESOLUTION NO.: .1
MOVED BY:
d Carried
D Recorded
Vote
D Defeated D Deferred D Tabled
-¥Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: Date: February 10, 2014
RESOLUTION NO.: :;{
MOVEDBY:U~
SECONDED BY: Jttpb~
THAT Council move into Closed Session, to consider:
Matters relating to a advice that is subject to solicitor-client privilege (Oakpark Subdivision);
Matters in respect of which a council, board, committee or other body may hold a closed meeting under
another Act (Hydro Board).
Jarried
D Recorded
Vote
D Defeated D Deferred D Tabled
___Dfl Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: Date: February 10, 2014
RESOLUTION NO.: ~
THAT the Minutes of the Council Meeting of January 27, 2014 be approved.
@carried
D Recorded
Vote
D Defeated D Deferred D Tabled
COUNCIL RESOLUTION
AGENDA ITEM NO.: ---'''-2.....___
RESOLUTION N ~
MOVED BY: ~ ~---71
SECONDED BY: ~
Date: February 10, 2014
THAT Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk Barn;
AND THAT a By-Law to authorize the Mayor and Clerk to sign the Non-Disturbance Agreement-Bulk
Barn be brought forward for Council consideration.
0 carried
D Recorded
Vote
D Defeated D Deferred D Tabled
*Mayor's Initials
)
COUNCIL RESOLUTION
AGENDA ITEM NO.: _q_,___
RESOLUTION NO.: 5
MOVED BY: ~-=::::::~s::::::.:::9!:=:=:::::::::;iftj
Date: February 10, 2014
THAT Council receive Report DCS 14-10 Request for Expressions of Interest-253 Broadway Property;
AND THAT staff be authorized to release the Request for Expressions of Interest for the 253 Broadway
Property.
~arried
D Recorded
Vote
D Defeated D Deferred D Tabled
~Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: ---=..::10~
RESOLUTION NO> 6 ~ n
MOVED BY: . h!l.tv~
SECONDED BY: 0--~...._
Date: February 10, 2014
THAT Council receive Report FRS 14-02 Water Ice Rescue Program Implementation as
information .
D Recorded
Vote
D Defeated D Deferred D Tabled
~ ~ayor's Initials
)
COUNCIL RESOLUTION
AGENDA ITEM NO.: -==11=----
RESOLUTION N?J--:--:--n
MOVEDBY: . VVUt;._~
SECONDEDBY: -~-==·=~~~~-----~· ~'---------
THAT Council receive report OPS 14-04
Date: February 10, 2014
AND THAT a variance to Noise By-Law 3002 be granted for night construction to complete the median
curb and surface course paving for the proposed roundabout at the intersection of Highway #3 and
Vienna Road.
~rried
D Recorded
Vote
D Defeated D Deferred D Tabled
~Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: __ _ Date: February 10, 2014
MOVED BY:
SECONDEDBY: ----~~~~~?~-r~------------
THAT Council waive Section 4.3.5 of Procedural by-law 3511, to add a grant request from the Cultural
Advisory Committee in order for Council to hear the request due to time restraints.
0 Carried
D Recorded
Vote
D Defeated D Deferred D Tabled
f Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: __ _ Date : February 10, 2014
RESOLUTION NO.:__... n
MOVED BY: ~......__/'
SECONDED BY: --~~:::::::==:::::.::::=:=:::=::::::._ __
THAT Council receive Cultural Advisory Committee-Award of Cultural Funds;
AND THAT the Tillsonburg Family Day Committee receives $500 to be used toward events on Tillsonburg
Family Day (February 17, 2014) including a free skate and swim.
ifcarried
D Recorded
Vote
D Defeated D Deferred D Tabled
~Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: _1=2=---Date: February 10, 2014
RESOLUTION NO.:
MOVED BY:
THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands
within the Business Improvement Area (BIA)
By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre Property
Inc.
By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014,
be read for a first and second time and this constitutes the first and second reading thereof.
I
dcarried
D Recorded
Vote
D Defeated D Deferred D Tabled
~Mayor's Initials
COUNCIL RESOLUTION
AGENDA ITEM NO.: --==12=----Date: February 10, 2014
RESOLUTION NO.: ----··
MOVED BY:
THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands
within the Business Improvement Area (BIA);
By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre Property
Inc.;
By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014.
be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same,
and place the Corporate Seal thereunto.
~ried
D Recorded
Vote
D Defeated D Deferred D Tabled
~Mayor's Initials
)
February 11, 2014
Cultural Advisory Committee
Chair, Deb Beard
The Corporation of the Town of Tillsonburg
RE: COUNCIL Resolution -Grant Request
At the Tillsonburg Town Council Meeting of February 10, 2014, Council passed the
following resolution:
"THAT Council receive Cultural Advisory Committee-Award of Cultural Funds;
AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward
events on Tillsonburg Family Day (February 17, 2014) including a free skate and
swim."
If you have any questions, please do not hesitate to contact me at 688-3009 Ext.
3224, or dewilson@tillsonburg.ca.
Regards,
~~
Donna Wilson
Town Clerk
CORPORATE OFFICE
200 Broadway, 2"ct Floor, Tillson burg, Ontario, N4G SA 7, Telephone # (519) 688-3009, Fax # (519) 842-9431
Web: www.tillsonburg.ca
A M • Associationof
Municipalities Ontario
February 7, 2014
Office of the President
OPP Policed Communities: UPDATE 1
A week ago, AMO's Board of Directors directed the establishment of an OPP Billing
Steering Committee. Its purpose is to look at the proposed OPP billing model, including
objectives and outcomes that could be acceptable to the different interests of the
municipal sector. It will also look at elements of the underlying matters that contribute to
high policing costs and how these too might be improved. It will be up to the provincial
government to accept or reject those recommendations.
In response to the communique sent last Friday about the Steering Committee's
formation, AMO received many expressions of interest to volunteer for this Committee.
The volume of volunteers who put their names forward displayed an overwhelming
breadth and depth of concern for this issue. We are grateful and express appreciation to
all who recently stepped forward. In addition, the Board wanted to invite a representative
from the three sub-municipal groups (Mayors' Coalition, OPP Discussion Group and the
Under 5,000 Group).
The Board directed that representatives come from all corners of the province with
careful consideration to the diversity of interest, circumstance, region, knowledge and
experience of each individual. All municipalities should be able to see themselves
represented in the women and men who will be participating in these critical discussions.
Based on the Board's direction, the President has confirmed the following elected officials
as members of the AMO OPP Billing Steering Committee:
Politis, Peter
Vrebosch, Bill
TBC
McNamara, Gary
White, Chris
Canfield, Dave
Spacek, AI
Ron Nelson
Barfoot, Alan
Conn, David
Marr, David
Mertens, Peter
Reid, Barb
Reycraft, Doug
Thompson, Linda
200 University Ave. Suite 801
Toronto, ON, MSI-I 3C6
Mayor
Mayor
TBC
Mayor
Warden
Mayor
Mayor
Mayor
Mayor
Mayor
Warden
Mayor
Reeve
Mayor
Mayor
www.amo.on.ca
amo@amo.on.ca
Cochrane (Chair, Mayors' Coalition)
East Ferris (Chair Under 5,000 Group)
TBC (OPP Discussion Group)
Tecumseh (Future of Policing Advisory Committee)
County of Wellington
Ken ora
Kapuskasing (FONOM)
O'Connor Township
Georgian Bluffs
Seguin Township
Elgin County
Prince Edward County
Minden Hills
Southwest Middlesex
Port Hope
Tel 416.971.9856
Fax 416.971.6191
Toll Free in Ontario
877.426.6527
2
The first meeting of the Committee has been set for February 14, 2014 at AMO offices in
Toronto. At the first meeting, the Committee will establish its work plan, how it will
operate, what it will do and how it will communicate more broadly. Last week's
communique to you generated some municipal feedback and ideas. We want to provide
all municipalities the opportunity to submit ideas, including those they offered during the
OPP's fall consultation or subsequent ideas. We have set up oppbillingsc@amo.on.ca as a
dedicated e-mail for this Steering Committee.
The Board wishes the Steering Committee to move expeditiously on these matters and I
hope that the Committee will be in a position to present public recommendations by end
of March/early April. You should expect the next communique shortly after the Steering
Committee's initial meeting.
Yours truly,
R.F. (Russ) Powers
President
TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL
February 7, 2014
Recent Developments in Joint and Several Liability-Municipal Action Needed
Two recent developments are worthy of the immediate written support of municipal councils and
municipal solicitors.
The first is a private member's resolution introduced by Randy Pettapiece, MPP for Perth-
Wellington. It calls on the government to implement comprehensive reform to joint and several
liability by June 20I4. Debate on this motion is scheduled for February 27, 20I4. While a
resolution of the Ontario Legislature is not a specific legislative plan, it does capture the spirit of
municipal concerns. Mr. Pettapiece has written directly to all councils seeking your support;
AMO encourages your reply.
Of immediate significance, the Ministry of the Attorney General has recently written to members
of the legal community seeking their input on two specific proposals under consideration.
Feedback is due by February I4, 20I4. The proposals include a modified version of
proportionate liability that applies in cases where a plaintiff is contributorily negligent (the
Saskatchewan model). Also under consideration is a limit on awards such that a municipality
would never be liable for more than two times its proportion of damages (the Multiplier model).
AMO supports the adoption ofboth of these measures.
This is a positive development for municipalities and a step in the right direction. The adoption
of both reforms would be a significant incremental step to addressing a pressing municipal issue.
The written support of municipal councils and solicitors is requested. Below is a draft letter for
municipalities to submit to the provincial government by February I 4, 20 I 4. Please add your
voice of support.
As you know, municipal governments have long advocated for liability reform because the legal
regime of joint and several liability makes municipalities and property taxpayers an easy target
for litigation.
It has been two years since AMO conducted the first ever municipal insurance survey, which
found that municipal liability premiums had increased 22 per cent over 5 years and 4 years since
AMO presented a comprehensive report detailing municipal challenges to the Attorney General.
We have argued for some time that the heavy insurance burden and legal environment is
unsustainable for Ontario's communities.
AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca-4 I 6.97I .9856 ext. 323.
The Honourable John Gerretsen
Attorney General
McMurtry-Scott Building
720 Bay Street-11th Floor
Toronto ON M7 A 2S9
Dear Attorney General:
[I or we] support the government's consideration and adoption of measures which limit the
punishing impact of joint and several liability on municipalities.
The provisions of the Negligence Act have not been updated for decades and the legislation was
never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair
to ask municipalities to carry the lion's share of a damage award when at minimal fault or to
assume responsibility for someone else's mistake. Other jurisdictions have recognized the
current model of joint and several liability is not sustainable. It is time for Ontario to do the
same.
If this situation continues, the scaling back on public services in order to limit liability exposure
and insurance costs will only continue. Regrettably, it will be at the expense of the communities
we all call home.
For this reason, [I or we] support the adoption of both models under consideration as a
significant incremental step to addressing a pressing municipal issue.
Sincerely,
Name
cc: The Honourable Kathleen Wynne, Premier of Ontario
The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing
)
January 29, 2014
Premier Kathleen Wynne
Legislative Bldg, Room 281
Queen's Park
Toronto, ON
M7A1A1
Dear Hon. Kathleen Wynne;
Town ofMlle de Penetanguishene
Re: Penetanguishene's Support of the New OPP Billing Model
At the regular meeting of Council held on January 29, 2014, the Council of the Town of
Penetanguishene passed a resolution which supports the Provincial Police New Billing
Model for police services starting in 2015.
Please find enclosed a copy of the above noted resolution which indicates the support
to the Provincial Government's principles and design of the proposed new billing
model.
If you require further information, please do not hesitate to contact the undersigned at
705-549-7453 or gmarshall@penetanguishene.ca.
Most Sincerely,
Gerry Marshall, Mayor
Town of Penetanguishene
/kg
Encl.
cc: Madeleine Meilleur, Minister Community Safety and Correctional Services
Garfield Dunlop, MPP Simcoe North
Mayor's Coalition
Dennis Travale, Mayor of Norfolk County
Peter Politis, Mayor of the Town of Cochrane
Jamie McGarvey, Mayor of the Town of Parry Sound
John Lessif, Mayor of the Town of Tillsonburg
Bernie Maclellan, Mayor of Huron East
John Williams, Mayor of the City of Quinte West
10 rue Robert St. West/ouest, P.O./C.P. Box 5009
Penetanguishene, ON L9M 2G2
Tel: 705.549.7453 Fax: 705.549.3743
www.penetanguishene.ca
Moved By:
Seconded By:
Regular Meeting of Council
January 29, 2014
Councillor Daryl O'Shea
Deputy Mayor Patrick Marion
WHEREAS Ontario Municipalities are voicing their concerns and filing letters of objection
and support to the Provincial Government regarding the proposed new police billing
model;
AND WHEREAS objections to the new model are being heard from Municipalities that
may experience an increase in their municipal policing costs;
AND WHEREAS the OPP currently calculates municipal policing bills using a formula
based on a number of factors as described in the Understanding Ontario Provincial
Police (OPP) Municipal Policing Costs 2012 Cost-Recovery Formula Update which results
in a wide variation of policing costs amongst municipalities across Ontario;
AND WHEREAS all police services require a base level of infrastructure, supervision,
administration and sufficient front-line policing necessary to provide adequate
proactive policing to ensure the general safety and security of a municipality;
AND WHEREAS proactive policing activities such as directed patrols, traffic enforcement
and crime prevention are provided to all municipalities regardless of the level of call for
service;
AND WHEREAS calls for service are one of the primary cost drivers in policing and it is
reasonable that Municipalities pay the cost of their calls for service;
AND FURTHER THAT all municipalities should pay their equitable share of essential "base
level" policing services;
AND WHEREAS the Auditor General directed the OPP to address issues in its costing and
billing methods that result in Municipalities paying different rates for the same services;
NOW THEREFORE BE IT RESOlVED THAT the Council of the Town of Penetanguishene
supports the Provincial Government's principles and design of the proposed new billing
model;
AND THAT the proposed new billing model will provide the residents of Penetanguishene
a fair and equitable approach to policing costs and will significantly enhance
transparency, affordability and sustainability of policing costs across the Province.
CARRIED.
Mayor Gerry Marshall
....
McCormick Rankin
72 Victoria Street South, Suite 100
Kitchener, ON Canada 1~2G 4Y9
t: 519.741.14641 f: 519.741.8884
www.mrc.ca
January 31, 2014
Mr. Steve Lund
Director of Operations
Town of Tillsonburg
200 Broadway Street, 2nd Floor
Tillsonburg, ON N4G 5A7
Re: Ontario Ministry of Transportation
Notice of Filing -Transportation Environmental Study Report
Highway 3 and Vienna Road Intersection Improvements (G.W.P. 3045-08-00)
Dear Mr. Lund:
McCORMICK RANKIN
A n'\effiber of lA.'-'-MMMC.ROUP
The Ontario Ministry of Transportation (MTO) has retained McCormick Rankin (MRC) to undertake the
Preliminary Design and Class Environmental Assessment (Class EA) Study of intersection improvements at
Highway 3 and Vienna Road near the Town of Tillsonburg, in Oxford County. The recommended plan
includes the construction of a roundabout and associated illumination.
To construct the roundabout, there will be short-term traffic lane closures and partial/full closures of Vienna
Road and Highway 3. The later construction stages require full intersection closures during low traffic volume
periods (i.e., at night). Local detours have been developed to minimize the disruptions and additional distance
traveled by motorists during the short-term and full closures.
The purpose of this letter is to inform you that the Transportation Environmental Study Report (TESR) has
been completed for the proposed intersection improvements and will be available for a public review period at
the locations listed in the enclosed notice. The review period will end on March 5, 2014. Please refer to the
enclosed notice for details regarding the public review of the TESR.
As a follow-up to our Council presentation on November 25, 2013, the detour will use local roads. We
understand that you have no further concerns about the construction staging and local detour routes.
Inspections will be completed pre-and post-construction to assess the roads.
If you would like additional information about this project, please feel free to contact me or one of the project
team members listed in the notice.
Yours truly,
McCormick Rankin, a member of MMM Group
~Q_
Dan Green, P. Eng.
Consultant Project Manager
cc: Kelley Caul er, Town of Tillsonburg
Peter Fung, Town of Tillsonburg
Davis Samis, Town of Tillsonburg
Cephas Panschow, Town of Tillsonburg
Scott Reid, MTO, Senior Project Engineer
Khahy Ho, MTO, Environmental Planner
Greg Moore, Ecoplans, Consultant Environmental Planner
Attach.
global transportation engineering
NOTICE OF COMPLETION FOR THE HIGHWAY 3 AND
VIENNA ROAD INTERSECTION IMPROVEMENTS
G.W.P. 3045-08-00
PROJECT OVERVIEW
The Ontario Ministry of Transportation (MTO) has completed a N
Class Environmental Assessment (Class EA) for improvements to t
the Highway 3 and Vienna Road intersection, near the Town of
Tillsonburg, Oxford County. The study recommends the construction
of a roundabout and associated illumination.
To construct the roundabout, there will be short-term traffic lane
closures and partial/full closures of Vienna Road and Highway
3. The later construction stages require full intersection closures
during low traffic volume periods (i.e. at night). Local detours have
been developed to minimize the disruptions and additional distance
traveled by motorists during the short-term and full closures.
PROCESS
A Transportation Environmental Study Report (TESR) has been
completed for this project and will be available on February 5,
2014, for a 30-day public review period. The report summarizes the Not• sc
environmental assessment process for this project and is available for review during regular business hours at the following
locations:
• Ministry of the Environment -London District Office, 733 Exeter Road, London, ON N6E 1 L3
• Ministry of Transportation -West Region, Security Desk, 659 Exeter Road, London, ON N6E 1 L3
• Town of Tillson burg -Customer Service Centre, 10 Lisgar Avenue, Tillsonburg, ON N4G 5A5
"""\ • Tillsonburg Public Library -2 Library Lane, Tillsonburg, ON N4G 2S7
J • Oxford County Clerk's Office-21 Reeve Street, Woodstock, ON N4S 7Y3
Interested persons are encouraged to provide comments by March 5, 2014. If, after consulting with MTO, you still have
unresolved concerns, you have the right to request the Minister of the Environment (77 Wellesley Street West, Ferguson
Block, 11th Floor, Toronto, ON M7A 2T5) make a Part II Order for this project. A Part II Order may lead to preparation of
an individual environmental assessment. For more information on the Part II Order request process, you are encouraged to
contact the Ministry of the Environment.
The Minister of the Environment must receive your Part II Order request by March 5, 2014. A copy of the request should also
be forwarded to the MTO and the consultant at the addresses below.
If there are no outstanding Part II Order requests after March 5, 2014, the project will be considered to have met the
requirements of the Class EA.
COMMENTS
To obtain additional information or provide comments, please contact:
Mr. Dan Green, P.Eng. Mr. Scott Reid, P.Eng.
Consultant Project Manager Senior Project Engineer
McCormick Rankin Ministry of Transportation -West Region
72 Victoria Street South, Suite 1 00 659 Exeter Road
Kitchener, ON N2G 4Y9 London, ON N6E 1 L3
tel: 519-741-1464 ext. 2234 tel: 519-873-4042
toll-free: 1-866-741 -8850 toll-free: 1-800-265-6072 ext. 519-873-4042
fax: 519-7 41-8884 fax: 519-873-4600
e-mail: dgreen@mrc.ca e-mail: scott.reid@ontario.ca
Information will be collected in accordance with the Freedom of Information and Protection of Privacy Act. With the exception
of personal information, all comments will be part of the public record.
\ J
f")h
t?ontario
Report Title:
Report No.:
Author:
Meeting Type:
Council Date:
Attachments:
RECOMMENDATION:
CULTURAL ADVISORY COMMITTEE
AWARD OF CULTURAL FUNDS
COLLEEN PEPPER, Marketing and Partnerships Officer; Staff
Liaison to the Cultural Advisory Committee
COUNCIL MEETING
FEBRUARY 10, 2014
GRANT APPLICATION
Resolve that Council receive Cultural Advisory Committee-Award of Cultural
Funds (February 10) and further resolve:
That the Tillsonburg Family Day Committee receive $500 to be used toward events
on Tillsonburg Family Day (February 17, 2014) including a free skate and swim.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval for the recommendation made by the
Tillsonburg Cultural Advisory Committee for the disbursement of a portion of the funds
available in the 2014 budget.
The mandate of the Cultural Advisory Committee includes making recommendation to
Council regarding grant applications received for cultural events in the Town of Tillson burg.
On Wednesday, January 8, 2014, the Cultural Advisory Committee passed the following
recommendation:
a. "RESOLVED THAT $500.00 be the recommended grant to the Tillsonburg Family Day
Committee for activities occurring on February 17, 2014.
The application from the Tillsonburg Family Day Committee is to offset costs related to the
hosting of free Family Day activities in Tillsonburg (Appendix A: Application).
CONSULTATION/COMMUNICATION
This application was reviewed by the Cultural Advisory Committee, which is comprised of
community volunteers appointed by Council, Councillor Chris Rose hart and a staff liaison.
FINANCIAL IMPACT /FUNDING SOURCE
The grant will be funded from the 2014 Council Budget designated for Cultural Grants
($5000). This is the first allocation from this budget in 2014.
A call for additional grant applications was published in the February 5 edition of The
Tillsonburg News.
APPROVALS
Author
Name/Signature
Director
Name/Signature
Finance
Name/Signature
Page 2/2
Date:
Date:
Date:
CAO
Cultural Advisory Committee
Grant Application
Please enclose the following documents:
Page 1 of 2
• A completed & signed application form (please ensure your answers are printed
clearly and provide concise answers with brief descriptions)
• A list of your current Board of Directors or Committee Members
• Most recent Annual Report or statement of activities (if requested)
• Your Organization's audited financial statement or most recent financial
statement endorsed by two (2) signing officials (if requested)
Return completed form to:
Tillson burg Cultural Advisory Committee
c/o Town of Tillson burg
200 Broadway, Suite 204
Tillsonburg ON N4G 5A7
Or cpepper@tillsonburg.ca
Applicant information (please print):
Organization
Contact Name
Address
Tillsonburg Family Day Committee
---
Sarabeth Strathdee
Event will be at the Tillsonburg Community Centre
Telephone 519-550-74251 Email Address
Postal Code
Fax N/A
I info®tillsonburgfamilyday.ca
------------------___________ ___] _________________________ ,-_____ -------------------------------
Project/Event
Date(s)/Time(s)
Start Date Man Feb 17/14 ! Completion Date Man Feb 17/14
8:00am I 5:00pm
_j -----------------------'---
Project/Event Title & Purpose
Tillsonburg Family Day j
All day free event for families of our community. -See Attached
---------------------------------
~~·--·--------~-----~-------------··--~~---------·--~~-·---~·--·------···~---~-------~--·----~-·
; Project/Event Description
Tillsonburg's Family Day will be held at the Community Centre. The day's activities
will include the following:
-Free Skating Memorial Arena (all day)
-Free Swimming ft Pool Activities (some details have yet to be confirmed)
-Kids Project (Opportunity for craft/building project to take home)
-Carnival (Bouncy Castles, Cotton Candy, Popcorn, Games, Prizes, Face painting,
Balloon Animals and more)
-Toddler Play Space (A space set aside for safe play for any toddler ft pre-schoolers)
-Family Entertainment-Reptile Show
'-Video Game Tournament
Food -It is our desire to offer food at a extremely affordable rate at the event for
those who wish to stay at the facility for the entire day. Food Vendors are yet to be I
confirmed.
-Pancake Breakfast
-Lunch
~-----· ---~
Benefits to Community From Project/Event
It will be a day for families from our community to share a day of fun activities and
spending time together with neighbours, families, and friends old and new.
It will be an opportunity for local Business' to support and give back to our
community through their sponsorship of the event.
It will be an opportunity for community and service groups, along with community
members and students, to volunteer together for the day.
~-----~-·-·-··-~~····-·-·---·--------~~~------·------···---··--···-··--~ ·-········_j
,---~ ·--··~-~·----·--·---·----~~--------·----·-·---···--·-·-----------~--------------·----------1
I Total Budget for Project/Event 2014 Budget 11
Expense:
Amount of Grant Request $500
Rationale for Grant Amount
Facility: $2800
Carnival: $1500
Kids Project & Entertainment:
Advertising/Signage:
Admin Costs:
Total:
$1200
$1000
$ 500
$7000
Item Amount Comments
Family Entertainment (Reptile Show) & Kids Building Projects. Kids will have
opportunity to build a planter/keepsake wooden box.
However, there currently are many needs for the day so the money received from
this application has the possibility to go towards any portion of the day that
Committee prefers.
Other sources of funding to be received for this Project/Event
Federal $
Provincial S
Municipal S
Private $ 1000
Other $ _______ _
Total $ 1000 (amount raised to date. Fundraising is happening now)
-----------------·---------
Please list how and where the Project/Event will be promoted/advertised
Local Schools, Local Cable, Community Billboards/ PSA's, Signage, Social Media &
Website ( www. tillsonburgfamilyday.ca )
We are open to other suggestions and ideas as we decide what will be most cost
efficient for us this year.
Cultural Advisory Committee Grant Process Report
1
--------------------------~--------~-------------------------~-----------------
1 Have you received grants from the Tillson burg Cultural Advisory Committee or its
i predecessor, the Cultural Commission in the past?
I
No.
If so,
Year Amount Project/
I Event
I _j
Application Received
(This section to be filled in by Cultural Advisory Committee)
Applicant
Organization/contact name
has been notified by the Committee Chair that the application has been received.
Date Application Received
Date Application Reviewed ___________ _
Application Review:
Grant Amount Recommended to Council: S _____ _
Rationale:
Cultural Advisory Committee Chairperson Date
Recommendation to Council/Approval
Amount approved by Council: $ __________ _
Date Approved by Council
Confirmed with Applicant
Applicant Notified of Grant Amount _____________ _
Date
Final Report Submission
Project/Event Date: ________ _
Final Post/Report by Applicant Submitted: ____________ _
Date
1.
2.
3.
Do you
On Family Day In 2012 a survey was conducted for those who participated in a free
family skate and used the community centre facility that day.
The survey asked 4 very basic question in an effort to find out what kinds of events
families are looking for in Tillsonburg. The results of this revealed that families are
looking for events that are fun, affordable/free, & close to home.
We received many suggestions, of possible events but there was one re occurring idea: a
winter carnival! Since then we have been adding events to the Free Skate, and last year
we offered a very successful Pancake Breakfast, which made over $200.00 for
Tillsonburg's Food Bank. This year as we work in partnership with the Community Centre
and build our Committee, we plan to offer an entire day of free events for families to
enjoy on Monday February 17th 2014.
FAMILY SURVEY 2012
NEVER
KINDA
consider VERY
fun events
to be
important?
NEVER Is staying KINDA close to VERY
home
important?
Is cost NEVER
important? KINA
VERY
4. Indoor or
Outdoor
events?
BOTH
OUT
IN
Since the Free Skate in 2012 there has been a natural
growth in activities and interest in offering something for
Family Day. There has also been more awareness in the
community and people participating in the activities. 2013
offered multiple free skate time slots and a free swimming
slot. All of these activities were filled to capacity and then
some!
We are pleased to have the full endorsement of Mayor and
at his request will be bringing it before town council for
their endorsement in January 2014.
We expect this year to be even bigger as we have expanded
to include more activities along with more free skating and
swimming times.
Committee:
Our "Lead Team" is a made up of volunteers who work
together to plan the day, they then lead individual teams of
other volunteers to oversee specific areas of the event. At
the time of this application our Lead Team consists of:
• Brent Shepherd
• Rick Cox
• Sarabeth Strathdee
Financial Strategy:
This event offers business' in our area the opportunity to
give back to their customers, while communicating the
message that 'We care about Families' and that 'Family is
Important'. Business' and Community Groups are being
approached at this time.
Bethel Pentecostal Church has agreed to support this
festival with Financial Administration. Bethel will not be
receiving compensation for this. 100% of contributions will
go into a separate Family Day Fund for this event's
expenses. Reports and statements will be available upon
request.
The Corporation of the Town of Tillson burg
February 11, 2014
The Honourable John Gerretsen
Attorney General
McMurtry-Scott Building
720 Bay Street -11th Floor
Toronto ON M7 A 2S9
Dear Attorney General:
Office of the Mayor
The Council of the Town ofTillsonburg support the government's consideration and adoption of
measures which limit the punishing impact of joint and several liability on municipalities.
The provisions of the Negligence Act have not been updated for decades and the legislation was
never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair
to ask municipalities to carry the lion's share of a damage award when at minimal fault or to
assume responsibility for someone else's mistake. Other jurisdictions have recognized the
current model of joint and several liability is not sustainable. It is time for Ontario to do the
same.
If this situation continues, the scaling back on public services in order to limit liability exposure
and insurance costs will only continue. Regrettably, it will be at the expense of the communities
we all call home.
For this reason, the Town ofTillsonburg support the adoption of both models under
consideration as a significant incremental step to addressing a pressing municipal issue.
Sincerely,
cc: The Honourable Kathleen Wynne, Premier of Ontario
The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing
Ernie Hardeman, MPP
CORPORATE OFFICE
200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 688-3009, Fax# (519) 842-9431
Web: www.tillsonburg.ca