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120910 Council MINTown of Tillson burg Minutes of Council Meetirtg Date: Monday September 10, 2012 6:00PM Council Chambers Chair: John Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Meeting for the Committee "Open Council" on Monday September 10, 2012 06:00PM Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 6:00 PM ATTENDANCE: Mayor John Lessif Deputy Mayor Mark Renaud Councillor Chris Rosehart Councillor Mel Getty Councillor Brian Stephenson Councillor Dave Beres Councillor Marty Klein Staff: Kelley Coulter, CAO David Samis, Director of Development & Communication Services Steve Lund, Director of Operations Darrell Eddington, Director of Finance Janet McCurdy, Acting Director of Parks & Recreation Services Donna Wilson, Clerk Amber Zimmer, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Page 1 of 12 15 Link to Agenda: eJ http :I /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of 12 The tab should include what is there to do in and around town for the weekend -this is part of the plans for completion. 4. Solar Power Network Presented By: Melissa Clark Melissa Clark appeared before Council and gave an overview of the Ontario Power Authority application process. Staff to review the regulation and bring back a report to council regarding those regulations as well as the pros and cons of a blanket resolution as opposed to resolutions on individual property applications. Proposed Resolution: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar, ground mount solar and bioenergy generation projects (the /{Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillsonburg; THEREFOR RESOLVE THAT Tillsonburg Town Council supports the construction and operation of the Projects anywhere in the Town of Tillson burg. And Further that this resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. FURTHER RESOLVE THAT this resolution shall expire twelve (12) months after its adoption by Council. Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the Resolution on the table was deferred to the next Council Meeting of Sept 24th. "Carried" Tillsonburg Delegation Request Letter.doc brochure.pdf ~ SPN Resolution Q&A.docx ~ ~· Whiterock-680 Broadwav.docx i··~l Windsor.pdf http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of 12 No persons appeared in support of, or in opposition to, the subject application. The following resolution was passed. Resolution No. 4: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT Council approve the attached amending by-law for the application of the Town ofTillsonburg, to introduce "housekeeping" amendments to Section 1.0-Administration, Section 2.0-Interpretation and Schedules, Section 4.0-Definitions, Section 5.0-General Provisions, Section 6.0- Low Density Residential Type 1 Zone, Section 7.0-Low Density Residential Type 2 Zone, and Section 13.0-Central Commercial Zone; FURTHER RESOLVE THAT By-Law 3646, being a by-law to amend By-Law 3295, be brought forward for council consideration. "Carried" INFORMATION ITEMS 7. Responses to May 12th Council Resolution -MTO Connecting Link Funding eJ 8. Responses to June 25th Council Resolution -Business Tax Capping Reform eJ 9. Responses to July 9th Council Report DCS 12-39 Marketable Town Owned Lands eJ 10. Draft Long Point Region Source Protection Plan eJ 11. Tillson burg Military History Club Thank You Letter 0 12. St. John's Anglican Church-Blessing of the Animals Service on Sept 23, 2012ll 13. Municipal Property Assessment Corporation Update for First & Second Quarter of 2012 (] CHIEF ADMINISTRATIVE OFFICER 14. Report CAO 12-18 Town Owned Lands eJ Presented By: CAO CA012-18 Follow up report on Parkland.pdf Resolution No.5: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVE THAT Council receives Report CAO 12-18 for information purposes. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of 12 DEVELOPMENT & COMMUNICATIONS 18. DCS 12-37 Proposed Class 'A' Bingo Hallll Presented By: Director of Development & Communication Services Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT members of the audience be allowed to speak to this application. "Carried" Mr. Robert Dowd was invited to speak to Council regarding this proposal and answered Council's questions. Mr. Bruce Kendrick, Secretary to the Tillsonburg Lion's Club appeared before council and spoke against the proposal. If the Lions loose 33% of their base then they would have to change their venue. The Lions do not think there are enough people in this town to support a Class A Bingo Hall. Mr. Doug Dawson appeared before Council to speak against the application. Mr. Dawson noted that bingo is gambling and gambling addiction is a serious issue which should be considered when deciding this matter. Staff have requested that Mr. Dowd provide a financial report with respect to his other bingo halls to ensure that Bingo Halls are in fact viable. Staff to review the parking issue and provide a report at the next council meeting. Staff to bring back a report at the September 24th Council meeting to address the issues discussed. Resolution No. 9: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud AND RESOLVE THAT Council receive Report DCS 12-37 Proposed Class 'A' Bing Hall; FURTHER RESOLVE THAT Council approve the application for a Class A Bingo Hall to be located at 230 Lisgar A venue; AND FURTHER RESOLVE THAT the Alcohol and Gaming Commission of Ontario be notified of Council's decision. "Deferred" http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 9 of 12 NOTICE OF MOTION Moved By: Mayor Lessif Seconded By: Councillor Getty AND RESOLVED THAT staff include in the 2013 Business Plan and Budget a Human Resource Business Plan. RESOLUTIONS 21. Oxford County Public Health & Emergency Services lJ Resolution No. 12: Moved By: Councillor Seconded By: Councillor RESOLVE THAT Council waive the rental fee for Oxford County Public Health & Emergency Services to utilize the Lions Auditorium at the Tillsonburg Community Centre on October 23, October 30, November 6, and November 13th, 2012 for the Community Influenza Clinic. "Carried" London District Catholic School Board Request for Support BY-LAWS DOC091112.pdf Resolution RESOLVED THAT Council receive the correspondence from the London District Catholic School Board regarding their Micro-fit Application to the Ontario Power Authority; FURTHER RESOLVE THAT Council support the application for the proposed "Rooftop Solar Installation" at St. Joseph Catholic Elementary School on Frances Street in Tillsonburg. "Carried" 22. By-Law 3637, To Authorize an Agreement with R. Paul Weber and Hendrika K.Weber EJ Resolution No. 13: Moved By: Councillor Getty http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 11 of 12 Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" By-Law 3647.pdf By-Law 3647 Schedule A.pdf 26. By-Law 3649, To Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the County of Oxford for Water and Sanitary Sewage-Billing Agreement Resolution No. 17: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3649, To Authorize an Agreement Between the Corporation of the Town ofTillsonburg and the County of Oxford for Water and Sanitary Sewage-Billing Agreement, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3649, 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" ~I 1~.-; Bv-Law 3649.pdf Bv-Law 3649 Schedule A.pdf 27. By-Law 3646, to amend By-Law 3295, Tillsonburg General Amendment e:J Resolution No 18: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3646, to amend Zoning By-Law 3295, General Amendment, be read a first and second time and this constitutes the first and second reading thereof. "Carried" 28. By-Law 3648 To Confirm the Proceedings of the Council Meeting of September 10, 2012 eJ Resolution No. 19: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVE THAT By-Law 3648, To Confirm the Proceedings of the Council Meeting of September 10, 2012, be read for a first and second time and this constitutes the first and second reading thereof; http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday August 13, 2012 06:00PM Council Chambers Chair: John Less if Orders of the Day: CALL TO ORDER The meeting was called to order at 6:08PM A ITENDANCE: Mayor John Lessif Deputy Mayor Mark Renaud Councillor Chris Rosehart Councillor Mel Getty Councillor Brian Stephenson Councillor Dave Beres Councillor Marty Klein Staff: Kelley Coulter, CAO David Sam is, Director of Development & Communication Services Steve Lund, Director of Operations Darrell Eddington, Director of Finance Janet McCurdy, Acting Director of Parks & Recreation Services Donna Wilson, Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Page 1 of 15 14 Link to Agenda: t] Seconded By: Councillor Getty AND RESOLVED THAT the Agenda as prepared for the Open Session ofthe Council Meeting of August 13, 2012, be adopted. "Carried" http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/ eGenda5 0 .nsf/... 24/06/20 15 MINUTES: Meeting for the Committee "Open Council" Page 3 of 15 Acting Director of Parks & Recreation Services went over the scope of the proposal. The Manager of Parks & Facilities went over the proposed sketch of the memorial park lands. Council suggest that once the grant application has been received, the numbers will be reviewed .. This item will be brought forward during the budget discussions. 3. Lake Lisgar Revitalization Project C Presented By: John Glass and Joan Weston Mr. John Glass & Ms. Joan Weston appeared before council and went over their proposal and requested a resolution be brought before council to support this initiative. This project does not remedy all the issues with the Lake The group is proposing to work with the Town to put together this proposal., PUBLIC MEETINGS 4. Application for Zoning By-Law Amendment ZN 7-12-04, Goodwill Industries Ontario Great Lakes, 79 Simcoe Street eJ Presented By: Presented By: County of Oxford Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-198. Opportunity was given for comments and questions. No persons appeared in support of, or in opposition to, the subject application. The following resolution was passed. Resolution No. 4: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council approve the Zoning By- Law amendment ZN 7-12-04, submitted by Goodwill Industries Ontario Great Lakes, to rezone the subject lands from 'Service Commercial Zone (SC)' to 'Special Service Commercial (SC- Special) SC-13 , as detailed in the 'Recommendations' contained in County of Oxford Report 2012-198; FURTHER RESOLVE THAT By-Law 3642, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration for first and second reading. "Carried" 5. Committee of Adjustment A-08/12, C Presented By: Development Planner, County of Oxford Resolution No. 5: Moved By: Councillor Klein http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of 15 "Carried" 16. FIN 12-33, 2012 Second Quarter Financial Results t:). Presented By: Director of Finance Resolution No.7: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT Council receives FIN 12-33,2012 Second Quarter Financial Results as information. "Carried" 17. FIN 12-34,2012 Second Quarter Finance DepartmentC Presented By: Director of Finance Resolution No. 8: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives FIN 12-34,2012 Second Quarter Finance Department report as information. "Carried" 18. DCS 12-49, 2012 Second Quarter Development and Communication Services Report C Presented By: Director of Development and Communication Services Resolution No. 9: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives DCS 12-49,2012 Second Quarter Development and Communication Services report as information. "Carried" Staff to provide a statistical report with respect to economic development within the 2012 business plan process. 19. OPS 12-12,2012 Second Quarter Operations Services Report eJ Presented By: Director of Operations Resolution No. 10: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives OPS 12-12, 2012 Second Quarter Operations Services report as information. "Carried" 20. PRS 12-15, 2012 Second Quarter Parks & Recreation Report C Presented By: Acting Director of Parks And Recreation http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GNeGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of 15 information purposes; FURTHER RESOLVE THAT By-Law 3641, to enact an agreement with the County of Oxford to join the County Library Service, be brought forward for Council consideration. "Carried" 24. CAO 12-14 Town Owned Parkland tJ Presented By: CAO Resolution No. 15: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receives CAO 12-14 Town Owned Parkland for information purposes. "Carried" Resolution No. 16: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND FURTHER RESOLVED THAT staffbegin the planning process to rezone one (1) lot on the south side of the Glendale Park (Property 19) with frontage on Allen Street. Recorded Vote: I NAME VOTE IN FAVOUR llvoTE AGAINST I Beres, Dave I NO I Getty, Mel I NO I Klein, Marty NO I Lessif, John NO I I Stephenson, Brian NO I I Renaud, Mark NO I I Rosehart, Chris NO I The recorded vote reflects the vote is seven against the Motion and none in favour of the Motion. The motion is "Defeated" Staff to bring back a report at the Sept 1Oth council meeting regarding the future sale of park lands. Resolution: Moved by: Councillor Getty Seconded By: Councillor Klein AND RESOLVED THAT Staff review the list of Town Owned Land listed in CAO 12-14 and reassess the marketable viability of each parcel. http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 9 of 15 FINANCE "Carried" Resolution No. 21: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council support the County of Oxford application for a grant under the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF) for the enhancement of the building known as the Tillsonburg Public Library. "Carried" 28. FIN 12-31 Executive Summary to By-Law 3639 eJ Presented By: Director of Finance Resolution No. 22: Moved By: Councillor Klein Seconded By: Councillor AND RESOLVED THAT Council receive FIN 12-31 Executive Summary to By-Law 3639; FURTHER RESOLVE THAT By-Law 3639 to define Municipal Trust Funds and to Appoint Trustees to those Trusts, be brought forward for Council consideration for three readings; AND FURTHER RESOLVE THAT any decision regarding the use of funds from the Ross Allen Estate Trust be deferred to the next meeting. "Carried" Staff to contact Ross Allen's daughter to discuss the change of the funds disbursement. 29. FIN 12-32 Reserve Contributions Presented By: Director of Finance Microsoft Word-FIN 2012-032 Reserve Contributions.pdf Resolution No. 23: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives FIN 12-32 Reserve Contributions for information purposes; FURTHER RESOLVE THAT the net proceeds on the sale of assets as itemized in this report be contributed to general reserves. "Carried" http:/ /notes.town. tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 11 of15 34. OPS 12-10-Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter a Presented By: Director of Operations Resolution No: 28: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives Operations Services Report OPS-12-10-Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter for information purposes; FURTHER RESOLVE THAT Tender T2012-004 be awarded to United Contracting of London at a cost of$ 46,039.59. "Carried" 35. OPS 12-11-Tender T2012-003 -Supply and Placement of Hot Mix Asphalt Paving a Presented By: Director of Operations Resolution No. 29: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council receives Operations Services Report OPS12-11 Tender T2012-003 -Supply and Placement ofHot Mixed Asphalt Paving for information purposes; FURTHER RESOLVE THAT Tender T2012-003 be awarded to Permanent Paving Ltd. of Woodstock at a cost of$116,472.21. "Carried" PARKS & RECREATION SERVICES 36. PRS 12-02 Parks & Recreation -Cemetery By-Law a Presented By: Acting Director of Parks & Recreation Resolution No 30: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report PRS 12-02 Updates to By-Law 3628 Cemetery as information; FURTHER RESOLVE THAT By-Law 3628 be repealed and By-Law 3640 to govern the operation of municipal cemeteries, be brought forward for Council consideration. "Carried" COMMITTEE MINUTES & REPORTS 37. Committees of Council Minutes a http:/ /notes.town. tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GA/eGenda50.nsf/... 24/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 13 of 15 \ 40. Bill 76, An Act to Amend the Ontario Lottery and Gaming Act of 1999 a Resolution No. 32: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province, AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations; AND WHEREAS any new casino development may significantly impact the community and surrounding areas; AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of any new casino; THEREFORE BE IT RESOLVED THAT the municipality requests the Legislative Assembly of Ontario to immediately pass Bill 76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino; AND THAT this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; and Ernie Hardeman, MPP "Carried" RESOLUTIONS RESULTING FROM CLOSED SESSION BY-LAWS 41. By-Law 3644, To Authorize an Agreement Between the Town and the Tillsonburg Golf and Country Club Limited C Resolution No 33: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3644, To Authorize an Agreement Between the Corporation ofthe Town ofTillsonburg and the Tillsonburg Golf and Country Club Limited, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 42. By-Law 3639, To Define Municipal Trust Funds and to Appoint Trustees to Those Trusts a Resolution No. 34: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3639, To Define Municipal Trust Funds and to Appoint Trustees to Those Trusts Established By The Corporation of the http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 24/06/2015 \ ; MINUTES: Meeting for the Committee "Open Council" Page 15 of 15 46. By-Law 3640, to Govern the Operation of Municipal Cemeteries Under the Jurisdiction of the Town ofTillsonburg By-Law 3640 Cemeterv.pdf Resolution No. 38: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3640, to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillson burg and, in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3640, 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" 47. By-Law 3643 To Confirm the Proceedings ofthe Council Meeting of August 13,2012 t] Resolution No. 39: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3643, To Confirm the Proceedings of the Council Meeting of August 13, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3643, 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 AND RESOLVE THAT the meeting be adjourned at 9:59PM Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Tuesday August 14, 2012 11:05 AM) Town ofTillsonburg http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50.nsf/... 24/06/2015 u ~ ~ I ' ::J i t\0 II.. 0 ::J ..c t: 0 V) ..c ·- <( 1- '+-0 t: ~ 0 1- z 0 ~ 0 Q. a:: 0 u 1-z LIJ N ~ 't"""'t V') 0 V') N LIJ ... V') .l:: ~ ..... 0 't"""'t ~ II.. QJ ..c LIJ E Q. QJ 0 ~ a:: c. Q. QJ V') ...J ~ -u -z ~ ~ Roles, Responsibilities & Relationships f'~ t > . F Ontario MUNICIPAL PROPERTY ASSESSMENT CORPORATION Assess mint Review Board Municipalities Province • Assess and classify almost 5 million properties • Annual Assessment Roll • Supplementary/Omitted Listings (growth) MPAC's Role • Respond to property taxpayer enquiries • Other legislated products: • Preliminary List of Electors • Jury duty rists • Population reports Assessment Cycle Update Year Taxation Year(s) Valuation Date 2005 2006,2007,2008 January 1, 2005 2008 2009,2010,2011,2012 January 1, 2008 2012 2013,2014,2015,2016 January 1, 2012 2012 Property Assessment Notices will be delivered beginning in September this year. (rTiPaC' !' .. 1l.JNICIP•'\l PJ.JDPl .f~T"r l\S~CJ:J.~ ... ~CNT CtJI.•t~(.JJ.JA1!U~ AboutMyProperty™ Welcome to AboutMyProperty™ Where you can conveniently compare your property assessment with others in your neighbourhood or municipality Through this fr~e. s~cure s~rvtce you c.:~n e.:~s11y .:1ccess: • The (!,(·tdded ~nfo{n";.3tK.n '·~o ..\C t'!;l~~ en file fC/ ·1"0<..;f prop~ ... ri'l • B~1S~C prop-erty !n~orrn~1':~(;:'l on up to ~ o:J ne;~Jr-t~x:urtl(XI.If:! rrn.>r>•.::~ {~ .. :ncL;·:!l~\: ~--<C" ::'.~C>frn~1~:Dn, k:;t see JtH! r("(t'i~~ Sd!es • Ce::,~·;E:~ tn~ornr.Jt>on en.?~ r,~C;:C(~:--:1(~ •• 1nj lJO to:,.,;. r>:-oc~-:-:lF~s. ~r~"":: c~e~~ t)l !.~;>.:....c. frt:.~ of c~;,x.:.;;-:~ Co:np:mng your r.·rop;:-;:-,-:JSS•:>ssmc"ffl :o SJn' /:r ~,.o:.::l propert:.;:-s :> 1·ou: .1reJ m.""lf I:<! .1 he!p~u! ;n dei'( .. :-n11n:ng tJie acct;ra-cy or 'iOt;t a~~~..f:~~~~rn(--r~! ln a·C·~.;Jon !o ;1ccr ... s~:. ~)<) Q(-~a ':(...-j prop-:·rti :~~tco1·.a.~1(>r. 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'..-r-li'J:~ 1')ii'T..r": ..... ~ ""~~ ¥~~V'1;"".:•(W'(':'II''h'' ~ .. : .. ·>«'J:.'1 )C..:.'\.~~~ ~-:1"\.0_.n..v .,..,~"'(Ill'~ ~t~·f"\'.t"\ ~N~!~~ ~·~!lfl~ t.:; '!'"...-~~:),.,....,•~ ~.c:...-""':)1-<'~~. WA.:: l'\ ~JI ·:#r"..-•.it ,.JI ..,.......,..._ ; .. ~ O...I.T.Y"' Jn::: ~7\!;j"t-.:r. ~:~.'rp\:>t...-':.4:1WY'•;~~ ... t)i ,.._ .......... yo.-,......n, ~("~C..~Jf"~ """ ""'9""'f' ._ <¥'· ur...:ry I. l<Xll ~zv-;:r.~u·.-o-~'.~;:,(f.. ,-; u ~-',..., lJll~ ,;a ,.XI~\~:;s,t tCWi.'f": ;D~•-"'" ,, 1...1",0"\ll.'J&\tAI:. '""'"'~~ .. ,!/) ~""f1:,i ~.""J:·X(> S't.::~ ~.!"t.-,.l r-• ~ .,..~..~ :r+(*'!)'l ~.It*~ r..."'.....-.r-' !'l -:,\.~:0) ._..,.~ ....... A. f.. lit ... , .. ._.lilt ..... lloM.w4 ~~,..-=~ ~. r.T.;",Jf'4 ~' .J'OOI ~ s;t'-h!"!,.. ·~ "='".1,..,.¥'., ~~ x.· 2 A.!~ r>J '~ O.:.'-'A ~"':li:.'J "....., !....,.u-.-. y:v liN t~..;;"9tr, IM.OOtf.-.:~ ~¥ .. ,.... ,,,,·~.,· .... · ~" ~:(l) 1,.))¢00: fJ ~j· Wlry dut I receive .1 Property Assessment Nollce? MPAC has updated the assessments for all Ontario properties to renect the legislated valuabon date of January 1, 2012 MPAC's last prO'Jince-WJde ASsessment Update took place in 2008 when every property owner in Ontario received a Nobce from MPAC To prOVIde an addibonal level of propert,t tax stab•llty and predictabtllt,', the Ontario Government introduced a phase-In program where the mar1<et increases in assessed value are phased-in over four years AI'rf decreases in assessed value are applied •mmed1a!ety. The change tn the assessed value of .,.our property between 2008 and 2012 and the phased-In assessments for 2012· 2016 are listed on your new Nolie e. Learn more Disagree ....,,th your propert,t assessment? Learn more about submitting a Hequest for Beconstder .11mn to MPAC? Chck here _.,t Click here to team more 1111111 'I about your notice .,,'~)-~,1·. ·-~ \~ .• ~~ My Property-Residential Single Family Home To establish your propeft(s assessed value. MPAC analyZes property sales In your neighbourhood, surrounding neighbourhood, or your muntcipatrty. This method is used by most assessment juriSdictions in North America. When assessing a property, we look at all of the key features that arrect market value. For example. when assessing residential proper· ties. fNe major factors usually account for 85% of the value: location, lot dimensions, living area, age of the structure(s), adjusted for any major renovations or addrtlons; and quatrty or construcbon. ~ •d A' • "'.A ~.e-a~n ntDrt? ~'i!JOu~ f'JJI( ~:fP.:~~=-·;j. :~~~-~::-:;-:~:;s·~w.;p; r1J e ·; PHOPERTY Street Number Street Name Roll Number ? .. ::. ·~).: .. ~. ~-·:. :. :: ~-·.~. ~=. ~.l. ., OVVNERS 1 Name. Gender 2 Name. Gender ? Email Phone SALE Sale Date Sale Amount STRUCTURE Year8UIII Condrbon Renovat1on Year Fueplace Total ? Examples of other features that may affect a residential propert(s value Include fireplaces, finished basements, garages, pools, and number of bathrooms. Site features can also increase or decrease the assessed value of your property such as tra1Tic patlems; being situated on a corner lot; and pro:omny to a goff course. hydro comdor, railway or green space. D ,_.: .--~. ->:: .·: The Propert~ tocatlOn and desc pr~des the mun1c1pa1 address for property as well as 11s regal des that Is used for >00< purposes Ut'!" H\'lm~r~': '1 ('! ,:: ~~~~r:er ·~:·:.·r.er::.) :.1·,\·'·· :.:rr-1 .! ~ ~~--:<<1·')} j·:1 " ·, ~ :"! ~-., Learn more a Hequest Cor Heeonsufer <11loJl to MPAC? Click here '"' ~'I> f"' ~-'?'?(I .~ -~,;:J 'J_c""' r, 2012 MPACC All Rlght:s ReseN'ed 1 Privacy Polley 1 Terms of use 1 of Terms 1 Request t01 R tlon LIVE SUPPORT 1\ :~~ ."'t~. tl') ~;-~ . ..,!"1 VH''I·-....:. MAtlAGf MV RJ:PORT ' ·:.·:.-·.~:.-·:>>:i 2 •~ :.·:i-:orr 0 ' ~-~t-.)r'!r·,~:: 22 -----·--.. ·----·· ----- -~ (ip .. :~. i..::_; O'<Y~;er@.'ltc •:om Ill Dlstenee (m) Address Yo• Buill ~ofeet? VAlUATION ' Lorem Lpsun Lor em lpsum SAlE ' Lest Silo SelePrlce limo edjus1ed Listing Price SITE Lorem Lpsun Lorem llpsum STRUCTURE Ye• Buill Helltl~ Bedrooms FuiStorletl ., .... ,.aw-u.. Jl ll.i pliiJ -..... ~ --~- ··. i:-1- .., ~ \ -_.,_ "•"-- CVA. $4::5,00) l'tl:,' ·'·i·: : : ~ $42'5.001) ·::. :,-:, ~ ·:-.-:. ·, I ~ I ~ 'I 'II ~ ! .: :~ "~~ . I.; ·, I ~ -. ·~ ~-~ ~· ~! ·:~ 'I ; "!. l:j ;~: F ~:· ~' ~~·: _.-.. J. zn Fro:-C:S.., _::!!__ .w f :1 tll;~ . ·-. : l ' "~"""'··· s-140,000 ~-~· ~· F r: ~~ d :1 , ~~~~~, c ~-~!(q] :; .• 1.!0,000 ·:~:~"5'5.~~:)-s 9l3'~/o •'"",t : (J(j :· i·-::(j_(lC•:: : .. : (; .J. (l (; :~~ : .. jj(~~;: 1.9q9 9f3~~ (;., Fl'JO F OrC€d .~.If Z::.:>Frled~ /~ ! ::::0 ::.X , ex.: ' i :::0 o,.'j ex:: i ~ tH_: u···· !±i, ~-. ~--· -.J $.440.000 ~· ~-. ..:-.• -. >.;:"7 ' ,· { ~ i ·:r~<~ ·;_!> !-44~,1))) :-:·~·-=· ~-~,~- ·;~;-~ ~ (' 1 ·~<<: : ~· -.· -~ ~~::-·=: :.: -} _I_: -~~: :. ~; .~ • ' . I.~ '~. 'f -~-:1 ·;t;·~ •f-..·~ ·~ 1 (.(.-(1 F<:(f:e.J ;~.r Add more pr oper1H!S m to m.1ke rla.1rHJI:s loth;s H(•purt. cl;rk llo~re to return to M•lP IJU"N. .~ ~~i;} .... Submit your Request for Reconsideration We Will review your property' assessment free of charge. Your deadline to file a Request for Reconsideration of your property's assessed value or classification is April1, 2013. Details are included with your Property Assessment Not1ce ,~,~Q!.Cl..CJ~F'.:l.C if you have any questions about tiling a Request for Reconsideration. Request for Reconsideration -2012 Property Assessment Notice Eel!: Name: Preferred method or contact: ~ Phone ~E-mail Explanation: .:; Include with my request (this Information will help MPAC better understand your concerns): ~ Properties Listed Within My Properties of Interest Report (2) 2Z2 Frieda St I '-----------~· $425,000 $440,000 ~ Send a copyofthls requestto: u owner@at)c com 223 Frieda st ~~~ I ' •.• · ··-•• ••. I I -<q~ :cc ==--~~ ! I r-.::-r:::r:, I l __ . ft. = ± ! __ j $440,000 Submit To a(!d or rnmltfythis list. click here. Cancel Brochures including: • About MPAC • Residentia I • Farmland • • • Small Commercial and Industrial Recreational Waterfront AboutMyProperty ™ Outreach Initiatives ABOUTMPAC -=ao"!n ..... A•;r,.•;"-.,. h:h ... '-'t<l ~ SMALL COMMERCIAL AND INDUSTRIAL n•:.'IC.-r,.~'L"'!Nt.,.. ""Cioi'AIWJ • ·7?T' ' = ifr·:."''.il.rl .. \ . ~ :. .. ' ~ ~· .. -I ' .. :r ~- ,.;;;:;:.· .,.;;;;· FARMLAND ~r.o.~'9WII"H'\' fill fA"'~ ..;;p;;.· ~ __..._ ... ~ MUNICIPAL PROPERTY ASSESSMENT CORPORATION 'J ... 1 R Agenda ~ >OUNOCOPAC PROPERTY . AtHu:nn~u:•n CORPORATION 11 • Roles and Responsibilities in the Property Assessment System • About MPAC • Property Assessment Cycle • AboutMyProperty 2. 0 • Request for Reconsideration • Contacting MPAC 14/08/2012 1 Ill Ill • Assess and classify almost 5 million properties • Annual Assessment Roll • Supplementary/Omitted Listings (growth) • Respond to property taxpayer enquiries • Other legislated products: • Preliminary List of Electors • Jury duty lists • Population reports • 11 • Based on open market sales between a willing seller and a willing buyer • CVA determined by analyzing actual sales of properties in a given area • Excludes: » family sales; » power of sale; and » foreclosures. 14/08/2012 3 AboutMyPropertyr" Welcome to AboutMyProperty™ Where you can conveniently compare your property assessment with others in your neighbourhood or municipality Through thrs free. secure servrce you c.1n e~11y ::acces'5. · • Thl-' Cd:J.<(·d c'l'C!P\.:l~OO ',F'·\C hJ.$ Cfi fG<:> r;y 1\.'<_.! Vfo;::-H:/ • f!Js:c c..toc~r:·,-rrlettn..~·.rA1 on ur> :o 100 ~e·~nt<:urt.<:v~ C!(("-\:~:n ·n·:il:Qr.-; ~:e .r.f0.""7:t.l~~r. CarpJrii"E) )'Ck.:l :IIX"'"I,f <'l'>SC'ssm'C11: :o ~:"1\IJI 'Z•1J P1C~I:!M :lj'Out J.(t:d m.:l{ t~ J lri"'~p:U: tn <lO·:Nn' niY,) !llC• ,)C(o...',l('i (.,! .,-ou .l~V.·'-S:n>:r.; (I JO:!o'•:n :o .1C((""~~f:l<} IX'::tlf<l U<X:~-·r:J' ,r:o:.rn·.lt"Xl ,-en LO,'l :JI~ r;f! .1 R(.,:;lfl'Sl V.\CI'l Rf'[OO"..'{!N:t"::cn ,\~:'1/,IP.\C :rvoo-;11 .l.r..:JtrtM1"Pmr...,rt-;'"" AIJOuU.t~;PIU[Ier1y'" wllllle uu.w • .ul.l!JIL' L"VI'IY tl.1y from S:OO .uu. to ~>:JO ,uu., ewry TUC!>tlol'j ffo111 6.00 p.m. tu UllllHHjhl, .Uid UV'I:IY S.l!UtllolY IHllll ti:OO fUll. to Sumi<!Y oil li:OO ,.m. IUJ ICIJUIM IIMU!ICil<Jilt:e t:hc~ks. Y..'c lJ)lOiotjiW for Ml'fiUCO/IV!!IIICilt:C. Your Property: gg.gg.ggg.ggg.ggggg t 35 Nelson CtrCie, Newmarkel, On!ano L3X 1 Rl KimJ!y complete the followin!J seuions. Chr.k on ··UPDATE" to woceed. Please comJIIete the missimJ infonndtion First Name: Last Name: 'STEP 1: Chooseyom User 1.0 and Password 7 Choose your User 1.0: ., , Re-typeyoutUseriD login to AboutMyProperty" Usc• ID Pd!iS\'lOfd @F.:.JWc,.:.n11l",.o2;,r,:ot(•)•.t·:·· l••lfl•~ ocf I_'.·>' Oucs11ons? ,, Chooseynurpassword· 7.· Re-type your password: uunuu 'SlEP2:Securltyaueslion J ~I yours~;;~~~~~ Entcrvour ~nswc•: Rn.type your answer: 'STEP J: Atfdyuur cmdll atfdrcss ~ Enter your em au addtess· JSmtlh@rnapc.com Re-type yttur email address JSmtlh@mapc.com 14/08/2012 5 ~ ~loJC«tc«t ~Wit~).:.! I StaA«e-:.!lXI!y-IIIOI'IlC I My Promo I Help I ConCattNPAC I Sign Out ~ .\ ;, AboutMyProperty"' ~ , My Property My Neighbourhood 135 f~Cison Cn<le NtrHmor!o~>~ ON L4T 6MO • s.425,000CVA -------------------------------------------------------------------------- 1AXY£AA 2011 (3) MPAC· .'.n1J<t:l23, 201 I Property Assessmenl Notice VOll ·,r '-·~ .. l~' ! RequestforReconSctderaiiOn .. ~n.ulrr;vui"U'"bt _,....._.., CJl , ... .,,._ ... ~ .. ·1.1 tJ/IUIIW.to:l.!/;:,n• .._=>r"'""" ''"'"'r'" :Mt~l..,.,.,.,...,r;"'""'"~"...,.'P'~I.IItbo:t ,..~ .... '-'"'l ........ ~ ................ -: .. r...~ ... " .......... l,.....~'-... ""'.,.,.""'o....T"''"" q.#I~ ........ ,,.......,..,..."~""-" ...... ~Ull,.,..."""'"l~-""r<nl~'"' ._,.. ____ .... ____ ,._..,b_ .. _, .. ~P;o,.! ~V""""'"lL-., ...... ,p:v..........,.d"oo\>4""'"l"-' ......... l>oqo ...... WO.:: ......... ~.~· .. ~-' ~b>..,,.........,.. ...... .,._....,._'(o-~p-;.-..... ,_roe........,...J-''•_..,,P~•""1"..-~'~ ~o<...--~ .. ,-.wo.:•-ll.n-..,.,,.,.. WttyllullreccMl.:!l Property As.s~smtmt !louce? WPAC nas uptl~tert the assessments fora.IIOn~rlopropertlestore~ectlhe togtstateovatuabondateorJanual)'t, 2012 MPAC's laSIJHO'tlnce-v.1de ASsessment Update took place In 2008when everrpropertyOYmerln Ontano rocerrod a Nobco from MPAC ToprO't'ldeanaltdrtlonallevelof propertytaxstabrllt'(andpredlctabrhty, the Ontauo Gcrn!rnmentlnltoduced a phase-rn program wttere the market increasestnassessedvatueare phasetl·tn over four years Arrf de(reasestnassessedYl)lueare apphedtmmedrately Tho th:mgo 1n the assesscdv<~luc ot rour propertybet..reen 2008 and 2012 and the phased-In assessments for 2012-2016 are liSted on your new No!Jce LOlmmore MPAC .or.(":" .. ;:.!· Requec;tforRecon5Jderai10n (C..Vftt.'\''"" .Lt<~u .. ••'"lll:l~ lol.rq..=-o\ ·~1>""1"-'"'"""r ~Ml>'..:A~ .. ""'•'' OlsaguteWlth)"IJurpropertyassessment? Leammoreabou1submlttlnga RIJqUil.!>l fOI 14'r:onsniiJI .manto MPAC? ~ ~ ~toCOOiertl CtwogeCortuut 1 SlteAcces~y 1 Home 1 MyProllle 1 Help 1 ContactMPAC I Sign Out ~ :1 A AboutMyProp•rty"' ~ MyNouce 1 ,, , MyNelghboumood 135 Nelson Cucle NewmiHkel, ON LH 6MO ,.. 1-c ~ litem 1 ------------------------------------------------------------------------- My Property-Residential Single Family Home To establish )"IJUr propert(s assessed value, MPAC analyzes property sates In your nelghbomhood, surrounding neighbourhood, or your munltlpallty_ This method Is used b'f most assessment jurtsdlttlons In North America When assessing a propertt, we look at all of the key features !hal affetl markelvarue. For e:o:ampre, when assessing restdenllal proper· lies, five major factors usually account for 85% Of !he value: tocaUon,IOt dimensions, livtng area, age of !he strutlure(S}, adjusted for any major renovallons or add11lOns; and quality of construction. By setecbng OpeniPrint or SeM. vou ~residential propert(s value Include llreptaces:, tinlshed basements, garages, pools:, and Will be able to access your Propertf po Increase or decrease the assessedvatue or your pro pert( such as trame patterns; being Prol\le Reports. Property Assessment olf course, hydro corridor, rai~ or green space. Details (PAO) Streen shY all Ontario properties In compliance with lha AssessmentAtl and related regulallons. My Property Profile Report (·)SFCTiotl TITLE Learn more about subm1tting a RP.IJIW'il fnr lb!r.nnsillr.ralinn Ia MPAC CUckhere Lort:m~J,.ftl LoremlpSU11 Lorem~U"II Lco-JD~crlptlon '." (-)SECTIOillllLE Loremlpsun Lorem~U11 L«emlrw.m Loremtpsun (·)SECTIOtiTITLE Lorem~U"Tl Lorem~sun 1-JSECTIOtlTITLE Lori!MtpsliTI LOI'emlplun LoremlpslCTI La-emlpsan \"" :~~1e0:~h~~~~~c~;a~~~:~ssc;t~~~~ur ~ propert( as well as 1ls legal descripbon l.m lhalisusedfor>OO<purposes. ! ·----------~~C«etn~ Loreml()sliTI Loremtpsun Loremlpsl.m .,, .. ,.·' 2012 MPAC All Righi$ Reserved I Privacy POticy I Terms of Use I Glossary of Terms I Request for Reconsk1eratlotl LIVE SUPPORT I\ 14/08/2012 7 ), ':·r..::-~ t.:.J :,,-r.frl~~~·;t:cc·rn Ill DkelnCO(m) ....... Yo• Buill: Squ.ored? VAlUATIOff ' ,,..., ,....., LO<em ...... SAlF ~ ......... Solohka """'-.. UltinOPflte SIIE Lo<em lpsum LO<em ....... STRUCTURE Ye•lklllll Hctlll~ ......... , .. Stot'ill• :Y•J H40,00D 2007 ' ~,,, ·, ._,.,, f\lhJIIIOft~fiiOJICIIH!S orlonw.keciiJIH]I!'> lOihl:;.r>.~:JtfJII, cta'kht)ll!loccllJfnlo MdpVu>w. 2012MPAC AII~ISRCSCfWdlf'rivatyPollcyiTCfiTISofUsciGkmaryofll!fTT'ISI R~for~bon UVESUPPORT' 14/08/2012 9 rll Ill Brochures including: About MPAC Residential Farmland Small Commercial and Industrial • Recreational Waterfront AboutMyProperty TM Outre;,ch lniti,ltivQs -1!11 ilH ~I ~.iii. ------------ l l 111 t ' 1( t Ill (I i\ II \'-\( I ()til l till v l 'llll 'Ill \ \t;l v'; website www.mpac.ca • 1 "' get answers to commonly asked questions "' forms and info about assessment "' links to the ARB and the Province of Ontario ~ ~~-fax ~ -'. ~ ~ 1 866 297-6703 phone 1 866 296-6722 TTY 1 877 TTY-6722 or through Bell Relay Service in person visit one of our 33 convenient locations across Ontario 14/08/2012 11 SOlAR POWfR nfTWORKTM 42 Wellington Street East, 4th Floor I Toronto, ON M5E 1 C7 I tel : 416.479.0333 I www.soiarpowernetwork.ca To: Town of Tillson burg Att'n: Donna Wilson This letter is to indicate our request to appear as a delegation at the Council meeting on September 10, 2012. The purpose of the delegation is to request that Council support a resolution in favour of rooftop solar projects within the municipality. Supporting this resolution will award their constituents with priority points as outlined by the newly revised rule set for FIT 2.0 by the Ontario Power Authority. These points may move applications in Tillsonburg ahead of others, thereby increasing the chances that these projects are awarded a FIT contract. The support of this resolution in no way compromises the town's planning or building department's authority. Melissa Clark, VP Partner Relations & Regulatory, will attend on behalf of Solar Power Network and the Tillsonburg constituent with whom we have partnered for our solar project. Background information regarding the resolution, the Tillson burg project specific to Solar Power Network, as well as further detail on the FIT program have been submitted for review. Thank you, Frances Lea Partner Relations, Solar Power Network P: 416-4 79-0333 X 500 E: frances@solarpowernetwork.ca SOlAR POWfR nfTWORK'M 42 Wellington Street East, 4th Floor 1 Toronto, ON M5E 1 C7 I tel : 416.479.0333 I www.solarpowernetwork.ca Rooftop Solar Municipal Resolution Q & A What is the ask? Late this spring, the Ontario Power Authority (OPA) changed the FIT (Feed- in-Tariff) rules, implementing a point prioritization system to judge competing applications. These points will rank applications for contracts required to initiate solar rooftop projects in Ontario as there is insufficient capacity of power generation allotted to the FIT Program to accommodate every application. This means that municipal points may very well determine whether or not your Constituents, with whom we have leases, are awarded contracts. Why now? The OPA has conducted a review of the first two years of the FIT program and have introduced changes including the points system, and have committed to a reasonable timeline to review all applications and award contracts in the Fall of 2012, before their next review in Nov. 2012. The OPA has indicated that the window to begin applying for contracts will be open from Oct 1-Nov 30. This does not leave us much time to secure municipal support and gather the required documentation needed to submit an application. Is this a requirement? In as much as supporting local green power initiatives, supporting local businesses in revenue positive projects and supporting sustainability initiatives in your municipality, we feel it is a fair ask. If your municipality chooses to abstain itself from the request, your constituents are the ones that suffer. Why is this being asked for? The OPA is attempting to gain Municipal engagement and awareness ofthese projects. Post the Renewable Energy Act; there was a feeling by the Provincial Government that Municipal government lost their connection to renewable projects in their community. The points system has re-engaged us all in meaningful dialogue concerning the positive initiatives across Ontario. What are the risks to the Municipality by passing the resolution? None. The OPA determines the successful recipients of contracts and this enables your constituents to be completely competitive with applications in other municipalities that have passed the resolution. The resolution also expires in 12 months. Does this improve the municipality's tax opportunity? No. The entire installation remains the property of Solar Power Network and will be removed at the end of the lease. What is the approximate investment? $5.00/ Watt Examples: 15,000 sq. ft. = 150 KW system= $750 000 investment 50,000 sq. ft. = 500 KW system= $2.5 million investment Can the resolution be revised? The resolution can be revised only within the parameters set out by the OPA. The Municipality has the option to select the Blanket Resolution supporting any and all solar projects under the FIT program, or the Location-Specific Resolution supporting only certain sites as reviewed by Council. In either case, the intent of the resolution is to show the municipality's support for their constituents that have chosen to have a solar array put on their rooftop. What will the solar rooftop look like? We have a one-of-a-kind, low-panel-angle installation which dramatically reduces wind profile and has just three to five pounds of static load per square foot, compared to 20 pounds or more for traditional solar panel installs. Because the panels sit so low against the rooftop, it makes them virtually invisible from the ground. The sun shines on your roof ... why not get paid for it? Energy from the sun is one of the cleanest, most renewable power generation resources available. The vast majority of Ontario rooftops sit empty, while they could be improving the future of Ontario's clean energy mix, not to mention your business' bottom line. An Ontario-based company, Solar Power Network is an advocate for local solutions to our province's energy needs, using proven solar technology to feed energy back to the grid. About SPN Solar Power Network is building a network of companies who are committed to a kinder way to power our future. The concept is simple. Solar Power Network turns customer's unused rooftop space into sources of green revenue. The impact is significant. Solar Power Network's customer network demonstrates a growing commitment to the future of sustainable energy development. Solar is a relatively young industry in Canada, which is what make's Solar Power Network's' extensive experience in rooftop management, engineering and construction so important. Solar Power Network's team of engineers understands how to maximize the use of your rooftop, while minimizing the impact on the structure. Solar Power Network's experience also allows us to be the best business to partner with due to our unmatched rooftop maintenance care, while offering the most straightforward payment programs and lease agreements in the business. SPN is investing in Ontario's future Today, Solar Power Network has successfully grown its Network to include over 230 Ontario companies. These like-minded organizations have joined our growing network of companies who are committed to building a kinder way to power our province's future together. Solar Power Network is turning 6 million square feet of underutilized rooftops into spaces that will generate 60MW of renewable energy. With this kind of early adoption and innovation, solar simply makes sense-for our health well into the future. Low Panel Angle means all rooftops qualify Solar Power Network offers customers an innovative low panel angle, which results in 5 additional pounds per square foot added to your rooftop. This compares with other solar companies who use traditional, higher panel angles, which typically result in an additional 20 pounds per square foot on rooftop. Rooftops that cannot support this additional weight are disqualified, making Solar Power Network the right choice. No Rooftop Penetrations Our installation process respects the integrity of your rooftop structure. With leading panel mounting technology, SPN uses an innovative line of mounting brackets and panel systems that require no penetrations or reinforcements. Through our leading-edge low panel angle, wind load is drastically reduced compared to conventional applications, while maintaining the aesthetics and curb appeal of your current rooftop space. SPN's technology also allows for broader participation in solar panel installations across the province: At 51b/sq ft, our panels put significantly less load on your rooftop structure compared to other industry players, allowing for the use of rooftops that can't sustain traditional panel loads. Trouble-free maintenance We want to ensure the maintenance of your rooftop space continues to be a simple process. Our unmatched maintenance program ensures the warranty on your rooftop is not compromised, while allowing for easy repairs. Once every five years, SPN will remove a string of panels to allow for rooftop repairs at no cost to the partner organization. Should you need to replace your roof envelope within the term of your contract, SPN will remove the entire panel system to facilitate the repairs. Our support team is available seven days a week, and will gladly respond to your needs and make arrangements on the same day. Market Your Organization's Contribution to the Environment Alongside the financial advantages to joining the network, SPN partners also have the opportunity to use their involvement in the program as part of important, ongoing marketing initiatives. Following installation, the SPN team will provide your company with real-time online tracking showing the energy being created on your individual rooftop space-numbers that can used on your website and broader marketing efforts to your audiences. SPN will also provide signage and marketing collateral to help partners demonstrate their contributions to clean energy generation. "SPN has an open and transparent process which really put me at ease. At first, I was apprehensive of the 20 year commitment required by the rental agreement. Surprisingly, my roofer pointed out that the solar panels might actually extend the life of my roof by shielding it from UV rays!" BILL MECHANIC, Checker Industrial Ltd. SOlAR POWfR nfTWORKTM 235 Industrial Parkway South, Unit 3A, Aurora, ON L4G 3V5 1 tel : 416.684.3156 l www.soiarpowernetwork.ca Project: GPS Coordinates: Plan: PIN: Project Size: Proposed Area: Number of Solar Panels: Local Distribution Company: Transformer Station: Feeder: Voltage: Solar Power Network Inc. Panels Racking/Mounting Inverters Balance of System (BOS) Domestic Content Whiterock Real Estate Investment Trust 680 Broadway Street Tillsonburg, ON N4G 3S9 42 0 882505 '-80 0 7 48083 PART OF LOT 7, CONCESSION 10; DESIGNATED AS PARTS 1 ,3,6,7,9, 10 & 11, 41R7145 SUBJECT TO EASEMENT IN FAVOUR OF THE CORPORATION OF THE COUNTY OF OXFORD AND THE CORPORATION OF THE TOWN OF TILLSON BURG OVER PARTS 3, 6, 9, 10 & 11, 41 R7145 AS IN L T90599, SUBJE 00021-0424 (L T) 270.8 kW 26,000 Net Sq. Ft. 1022 Tillsonburg Hydro Inc Tillsonburg TS Y Bus THIM7 27.6 kV Utilizes state-of-the-art materials and equipment to build rooftop solar PV projects Manufactured by Silfab Ontario Inc. are produced with 60 monocrystalline cells at a nominal power of 265 Wp Manufactured by SLK Solar (Sun link Corp) constructed of aluminum and stainless steel and installed with a 5 degree panel angle Manufactured by PV Powered (Advanced Energy) Wiring, cabling, combiners, optimizers, data acquisition and monitoring have been sourced to meet specific project requirements All projects meet or exceed the Domestic Content requirements of the Ontario Power Authority (OPA) Feed-In-Tariff (FIT) program The Corporation of the Town of Tillson burg FOR RELEASE-August 13, 2012 MEDIA RELEASE Date: August 13, 2012 Subject: Hiring Director of Parks & Recreation Distribution: Local/Regional Tillsonburg, ON -The Town of Tillsonburg is pleased to announce the hiring of Mr. Richard (Rick) Cox to the position of Director of Parks and Recreation. Mr. Cox assumes his duties on September 4, 2012. Richard joins the Town of Tillsonburg from the Township of Minden Hills where he was the Director of Community Services. In that capacity he was responsible for managing and directing the overall operations of Parks and Recreation including the S.G. Nesbitt Memorial Arena and Minden Community Centre. Prior to joining Minden Hills Rick worked with the City of Kawartha Lakes in Community Development. Rick holds an Honours Bachelor of Outdoor Recreation degree and a Bachelor of Science degree from Lakehead University in Thunder Bay. Currently Rick is pursuing further accreditations through the AMCTO and ORFA. The Tillsonburg Council recently endorsed a multi-year Master Parks and Recreation Strategic Plan for the Parks and Recreation Department. The mandate of the department is to implement the short-term strategic objectives in a cost effective and inclusive manner. Mayor Lessif commented, "The Parks and Recreation Department is a key department in the quality of life for the citizens of Tillsonburg. I am thrilled to have Rick join our organization and be the leader for the next chapter in the evolution of Parks and Recreation Services." CAO Kelley Coulter stated, "Rick brings highly developed leadership and managerial skills acquired through his education and public service experience. His experience is a complimentary fit to the balance of the Senior Management team. His presence will allow us to continue to enhance and elevate our service model in Parks and Recreation." For More Information Contact: John Lessif, Mayor (519) 842-6428 (3234) jlessif@tillsonburg.ca Kelley Coulter, CAO (519)-842-6428 (3227) kcoulter@tillsonburg.ca -30- CORPORATE OFFICES 200 Broadway, Tillsonburg, ON N4G 5A7 Tel: (519) 842-6428 Fax: (519) 842-9431 Web: http://www.tillsonburg.ca • liiiii 7 DATE: TO: FROM:· Corporate Report June 14, 2012 Chair and Members of General Committee Meeting Date: June 27, 2012 Paul A Mitcham, P .Eng., MBA Commissioner of Community Services Clerk's.Files Originator's Files General Committee JUN 2 7 2012 SUBJECT: Council Resolution in Support of Rooftop Solar Applications Under the Provincial Feed-in Tariff (FIT) Program RECOMMENDATION: That Council pass a motion which supports, in principle, rooftop solar projects in Mississauga as outlined in the Corporate Report titled "Council Resolution in Support ofRoo:ftop Solar Applications Under the Provincial Feed-in Tariff {FIT) Program" dated June 14,2012 from the Commissioner of Community Services. REPORT • The Province of Ontario will be releasing a new Feed-in Tariff IDGHLIGHTS: (FI:r) program. • The draft FIT 2.0 program provides municipalities the opportwrity to show their support ·for re:pewable energy projects by issuing a council support resolution. · • Mississauga bas received numerous requests for Council resolutions supporting rooftop solar projects. • The City has entered into an agreement with a solar photovoltaic company where the City will lease the roof space at selected City facilities and the company installs, owns, and operates the rooftop solar systems. Applications will be submitted to the FIT program . for installation of solar photo voltaic systems on selected City 2Lf General Committee -3-June 14, 2012 R..b) and contr~cts for those interested in developing a qualifying renewable energy project. This report focuses on the FIT progiain and does not discuss the details of the microFIT program . . In 2011, the Ontario Ministry of Energy undertook a review of the Fl'f program. The feedbac~ received froni municipalities included concern relating to the lack of municipal authority over renewable energy projects~ In April 2~12, a draft of the revised FIT program (FIT 2.0) was released for comment. At the time of writing this report, the final FIT 2.0 program had not been released, but is anticipated any time. The draft FIT 2.0 program includes revised rules for applications and a revised FIT pric"e schedule: The 2009 FIT program pricing was designed to kick-start the development of a domestic renewable energy .industry. Prices for solar rooftop projects ranged from 53.9 cents per kilowatt hour (¢/kWh) to 71.3 ¢/kWh, depending on the size of the project (higher prices for smaller projects). The present domestic renewable energy sector is now of sufficient size to drive economies of scale and lower prices. The draft FIT 2.0 price schedule proposes a 10% to 25% reduction for rooftop solar installations. Prices in the draft FIT 2.0 program price schedule range from 48.7 ¢/kWh to 54.9 ¢/kWh, · depending on the size of the proj~ct. A 1.5% price reduction for wind generation is proposed and no price changes are proposed for biomass, biogas and landfill gas projects_. The OP A intends to review the FIT ptice schedule annually or as necessary based on changes in market conditions. · The draft FIT 2.0 program also introduces a point system for ·evaluating renewable energy projects. Of these priority points, there is the opportunity to submit support from the muniCipality in the form of .. a coun~il support resolution. In the context ofMississauga, for rooftop solar projects, there would be a total ~f seven priority points available;. two of which· are attribl,rted to an apPlicant having a "' . supporting municipal council resolution. General Coi:Iimittee -5-June 14, 2012 24C.d) Rooftop Solar Installations in Mississauga There are many rooftop solar installations in the City of Mississauga. The majority are small installations on residential dwellings. Some are larger installations ~n induStrial or institutional buildings. Building permits have been issued for rooftop solar installations that have a surface area greater than or equal to 5 square meters (53.8 square feet) or if it ·conStitutes a material alteration to the building. To . date, no i~sues have been noted relating to rooftop solar installations. City of Mississanga Plans The Living Green Master Plan recognizes the importance of Mississauga's energy future and directs Mississauga to: assess energy efficiency and renewable fuel strategies; and continue to identify, invest in and implement renewable energy actions identified in the . City's Corporate Energy Management Plan. The Economic Development Strategy: Building on Success highlights the City's positive position through its economic base and skilled . workforce to capitalize on the opportunities that lie in the emergence of the green economy, and the increasing importance of the use and development of clean technologies and their implications for sustainable growth. These opportunities will advance the City's economic future, both in terms of environmental stewardship and in its support for the incubation and production of new green technologies and services. In addition, the new Mississauga Official Plan, which has been adopted by City ofMississauga Council and Region of Peel Council, but which is currently under appeal, highlights Mississauga's support for renewable energy systems by: • promoting renewable energy systems; and • working jointly with other levels of government and agencies to in-vestigate the need, feasibility, implications and suitable locations for renewable energy projects and to promote local clean energy generation, where appropriate. General Committee ' ] -7-June 14, 2012 Ut) This is attributed to the fact that there are many large flat roofs in Mississauga, primarily in indu~nal areas, and there are no large tracks of land suitable for ground mounted solar farms. In addition, average wind speeds in Mississauga are relatively low and do not provide enough capacity to make wind generation profitable. This repolt therefore proposes that a Council-support resolution for FIT applications only be applicable to ro~ftop solar projects. The draft FIT 2.0 program provides mUnicipalities the opportunity to provide a council support resolution for FIT applications. This gives municipalities the ability to let the OP A know whether they support the.project. . . City staffhas consulted with all City departments, the Region of Peel, other municipalities, the Environmental Advisory Committee, the OPA, and the solar industry. Although certain structural requirements are addressed thl'Ough the building permit application, there are two issues that are not covered under the Building Code and one issue that . should be highlighted early in the project: 1. Glare: The types of rooftop solar applications under the FIT program generally use anti-reflective solar photovoltaic systems. However, Mississauga is in an area of influence for both Toronto Pearson International Airport and Billy Bishop Toronto City Airport. Glare from solar panels could pose a risk to airplanes taking off and landing. As such, it should be stipulated that anti~ glare surfaces be used. 2. Fire safety: In an emergency situation, access to the roof may be necessary. During a fire, ventilation may be required and emergency services staff may need to create holes in the roof. Access on the roof may also be required with enough space for emergency services staff to move around. While accessing the roof, live electricity may pose a risk. A main cut-off or breaker~ that is readily accessible to emergency services, will assist in reducing risk during an emergency situation. However, the solar system may be live as long as the solar panels are producing electricity.· ?mergency services staff are trained' to take appropriate measures around live solar panels. However, there General Committee STRATEGIC PLAN; -9-June 14, 2012 subject to the glare and fire issues being addressed and highlights the need to obtain a heritage permit, if required. The8e cl'iteria hav_e been vetted by all City' departments to ensure that rooftop solar applications under the FIT program will be compatible in Mississauga. The Strategic Plan stipulates that renewable energy is important to ensure Mississauga's sustairiability. Action 1 of the Green Pillar states that Mississauga "will pursue renewable energy production and use to reduce green house gas emissions, iinprove air quality and· protect natural resources., Support of renewable energy projects, specifically rooftop solar installations, helps to achieve the goals of the Strategic Plan. FINANCIAL IMP ACT: There are no fmancial impacts of a blanket Council resolution in support of rooftop solar installations. CONCLUSION: Where the rooftop solar installation is on a City~owned building, there will be revenue generated from the lease. The amount generated for each building will vary depending on the type and size ofthe installation. Council support of rooftop solar renewable energy projects supports the directions in the Strategic Plan, the Living Green Master Plan, the Economic Development Strategy .and the Official Plan,. atid will clearly demonstrate the desire for Mississauga to be recognized for its innovation and leadership in an emerging and· green economy~ Although the 2009 Green Energy Act removed flanning Act approvals from renewable energy projects, the draft FIT 2.0 program provides municipalities the opportunity to state whether they support renewable energy projects through council resolutions. Mississauga has receiv~d·· requests for Council resolutions only for rooftop solar installations. By providing a Council resolution supporting rooftop solar projects, in principle, Mississauga has the opportunity to show support for rooftop solar .projects while highlighting factors that are not covered. under the building permit process relating to glare, fire and heritage buildings. Proposed Motion for CITY OF MISSISSAUGA COUNCIL SUPPORT RESOLUTION FOR ROOFTOP SOLAR GENERATION PROJECTS DATE: Appendixl RESOLUTION NO.: _________ _ ------- WHEREAS the Province's Feed-in Tariff (Fil) program encourages the construction and operation of rooftop solar generation projects ("Rooftop Solar Projects"); AND WHEREAS it is likely that one or more Rooftop Solar Projects will be considered for c~nstruction and operation in the CitY of Mississauga; · AND WHEREASt pursuant to the rules governing the FiT program (the "FIT Rules''), applicants whose Roo~op Solar Projects receive the support of municipalities will be awarded priority points, which may result in these applicants being offered a FIT ·contract by the Province prior to other persons applying for FIT contracts; AND WHEREAS the Green Energy Act, 2009, S.O. 2009, c.l2, as amended, stipulates that a ml.IQicipal Official Plan and Zoning By~law does not apply to a renewable energy undertaking; AND WHEREAS the Building Code Act, 1992, S.O. 1992, c.23, as amended, applies to renewable energy projects and, as such, each Rooftop Solar Project will require a building permit issued by the City ofMississauga Building Division;, AND WHEREAS, pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.l8, as amended, each Rooftop Solar Project that is proposed to be located on a property listed on the City of Mississauga's Heritage Register or designated as a heritage property will require a Heritage Permit from the City ofMississauga prior to work commencing on such properties; NOW THEREFORE BE IT RESOLVED THAT: The Council of the City of Mississauga supports, in principle, the construction and operation of Rooftop Solar Projects in the City of Mississauga, including but not limited to Rooftop Solar Projects on City-owned buildings, subject to the following: 1. That all solar panels have an anti-reflective surface; 2. That fire safety issues be addressed to the satisfaction of the City of Mississauga's Fire · and Emergency Services division with respect to emergency situations; and 3. That each Rooftop Solar Project shall have complied with all applicable laws and regulations, including but not limited to applicable City of Mississauga policies and procedures. And further, that this Resolution's sole purpose is to enable the participants in the FIT program to receive priority points under the FIT program, and that this Resolution may not be l.lsed for the · Item No.4 THE CORPORATION OF THE CITY OF WINDSOR Planning Standing Committee -Administrative Report MISSION STATEMENT: "The City of Windsor, wlrh the Involvement of its cillzeru, will de/iller effective and resporuille 111U11icipal services, and will mobilize innovative community partnerships" LiveLink REPORT #: 16078 MU/8327 Report Date: July 30 , 2012 Author's Name: BeauWansbrough Date to Standing Committee: Aug. 13, 2012 Author's Phone: 519 255-6543 ext. 6574 Classification #: Author's E-mail: bwansbrou h@city .windsor.o~.ca To: Planning Standing Committee Subject: Municipal Support for Solar Rooftops Panels under the Feed in Tariff (FIT) Program 1. RECOMMENDATION: City Wide: ! Ward(s): 1. That Council support the construction and operation of rooftop solar generation projects in the Province's 'Feed in Tariff (FIT) Program with a 'blanket' support motion for those projects on lands designated and zoned Industrial or Waterfront Port; 2. That Council support the construction and operation of rooftop solar generation projects in the Province's FIT Program and delegate the decision to support applications in other land use categories to the City Planner based on staff review of land use compatibility. The land uses that would be subject to review include Open Space, Natural Heritage, Windsor Airport, Business Park, Commercial, Major Institutional and Residential; applications in these designations would be subject to review for land use compatibility. 3. That Council confirm that this resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. As there is no applicable fee for review the applications that would be evaluated in 2012 would be monitored and reviewed for fees in 2013, if necessary. EXECUTIVE SUMMARY: N/A "Planning authorities shall support energy efficiency and improved air quality through land use and development patterns which: Promote design and orientation which maximize the use of alternative or renewable energy, such as solar and wind energy, and the mitigating effects of vegetation." Section 1.8.2 ofthe PPS states that: "Increased energy supply should be promoted by providing opportunities for energy generation facilities to accommodate current and projected needs and the use of renewable energy systems and alternative energy systems, where feasible." The recommendations set out in this report support and promote opportunities for energy generation that will accommodate current and projected needs while using renewable and alternative energy systems, which is the intent of the PPS as stated above. The recommendations are also consistent within the policy direction of the City's Official Plan Review, which encourages innovative programs and construction methods which support the sustainable development and redevelopment of buildings. Sustainable features encouraged within the drafted policies include, but are not limited to: • Renewable energy systems such as wind, geothermal and solar power installations; and, • Energy-efficiency technologies which are consistent with high energy efficiency standards, design features and construction practices. Applications To Date: To date there have been two (2) requests that City Council support their applications to receive the additional points for the FIT Program. The two. applicants are: • Mr. Maurice Pomerleau ofSigntario Inc. from 3240 Jefferson Blvd., Windsor, ON. N8T 2W8 This request is for a project located within a Business Park designation within the Official Plan; a review of the application will be undertaken should the recommendation in this report be supported. • Ms. Melissa Clark, VP Sales Operations at Solar Power Network from 235 Industrial Parkway, Unit 3A, Aurora, ON, L4G 3V5 Solar Power Network has partnered with 36 building owners from the City of Windsor, specific requests for project sites will need to be submitted by Solar Power Network. 4. RISK ANALYSIS: If Council does not support the recommendation in this report the City risks losing contracts for solar power generating development projects to other municipalities. 3 ofS NOTIFICATION : Name: Melissa Clark, VP Sales Operations Email: melissa@sol~owemetwork.com Company: Solar Power Network Phone: 416-479-0333 Address: 235 Industrial Parkway, Unit 3A Fax: 1-8 88-328-8261 Aurora, Ontario, L4G 3V5 Name: Peter Goodman, President and CEO Email: :geter@§olamowemetwork.com Company: Solar Power Network Phone: 416-479-0333 Address: 235 Industrial Parkway, Unit 3A Fax: 1-888-328-8261 Aurora, Ontario, L4G 3V5 Name: Bruce Ferguson, VP and Treasurer Email: bfemuson@adelaidesolar.ca Company: Adelaide Solar Energy Inc. Phone: 905-760-1511 Address: The Royal Centre, Ste 330, 3300 Hwy 7, Fax: 905-760-1544 Concorde, ON, L4K 4M3 Name: Maurice Pomerleau Email: moecanada@hotmail.com Company: Signtario Inc. Phone: 519-816-9060 Address: 3240 Jefferson Blvd., Windsor, Ontario, N8T 2W8 I Name: Rakesh Naidu, VP, Business Development Email: RNaidu@choosewindsoressex.com Company: Windsor-Essex Economic Development Corp. Phone: 519-255-9200 ext 2235 Address: 700 California Ave, Suite 200, Windsor, ON, N9B 2Z2 5 ofS File: A08/12 Date: August 27,2012 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday September 10, 2012 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS/APPLICANTS: 1068915 Ontario Inc. 28 Kamps Crescent Tillsonburg ON N4G 4Z3 LOCATION: AGENT: Jules and Diane Pozsgai 28 Kamps Crescent Tillsonburg, ON N4G 4Z3 PT LT 1469 PL 500 PT 2 41R6803, municipally known as 23 Broadway Street, Town of Tillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new basement apartment located in an existing building. The application requires relief from Section 5.3 Dwelling Units Below Grade, to permit the finished floor of a dwelling unit to be 1.83 m (6 ft) below grade in place of the standard 1.2 m (3.9 ft). You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@oxfordcounty.ca. Yours truly, c/..t::i "-~~~--- 4 DonnaWil~ \ Secretary-Treasurer Tillsonburg Committee of Adjustment Tillson burg Corporate Office 200 Broadway, 2"d Floor Tillson burg ON N4G SA 7 Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcountv.ca Our File: A 08/12 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNER: 1068915 Ontario Inc 28 Kamps Cres Tillsonburg ON N4G 4Z3 VARIANCES REQUESTED: MEETING: REPORT NO: APPLICANT: September 10, 2012 2012-230 Jules & Diane Poszgai 28 Kamps Cres Tillsonburg ON N4G 4Z3 Relief from Section 5.3., Dwelling Units Below Grade, to permit the finished floor of a dwelling unit to be 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft). LOCATION: The subject property is described as Lot 1469, Plan 500 in the Town of Tillsonburg. The lands are located at the northwest corner of Broadway and Prospect Street and are municipally known as 23 Broadway. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: COMMENTS: (a) Purpose of the Application: Central Business District 'Central Commercial (CC)' Surrounding uses include a car dealership and other commercial uses to the north and residential uses to the south and west, with a ravine system further to the south. The applicant proposes to obtain relief from the above-noted section of the Tillsonburg Zoning By-law to facilitate the construction of a basement dwelling unit with a finished floor 1.83 m (6 ft) below grade within an existing duplex. File No. A 08/12 Report No. 2012-230 Page 3 • whether there are constraints and/or restrictions due to physical or inherent conditions of the site; • whether alternative designs of the proposal are clearly not feasible or appropriate; • the concerns of adjacent owners and residents, and community in general; • whether approval would create an undesired precedent; • whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. It is the opinion of this Office that the applicant's request for relief of the relevant provisions of the Zoning By-law to facilitate the construction of a dwelling unit below grade complies with the policies of the Official Plan and will not set an undesired precedent. The relief is in keeping with the Central Business District policies of the Official Plan that support residential intensification proposals. The proposed development should not cause an adverse impact on adjacent property owners and can be considered desirable development of the subject property. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Central Commercial (CC) in the Town of Tillsonburg Zoning By- Law No. 3295. The general provisions of the Zoning By-law require that the finished floor of dwelling units below grade be a maximum 1.2 m (3.9 ft) below the adjacent finished grade. A second duplex that is shown on Plate 2 has been demolished; the applicants have provided confirmation that they are able to accommodate all required parking onsite. The proposed development will comply with the remaining requirements of the Zoning By-law. (e) Desirable Development/Use: The applicant proposes to construct a dwelling unit below grade having an approximate area of 63 m2 (680 ft2). The finished floor of the proposed dwelling unit will be situated approximately 1.83 m (6 ft) below grade. Public notification of the application for minor variance was circulated to surrounding property owners on August 2, 2012. As of the writing of this planning report, no correspondence has been received from the public. No exterior alterations to the existing building are proposed; the additional dwelling unit is expected to have very minimal impact on the character of the surrounding residential neighbourhood and is not anticipated to create adverse impacts on neighbouring land uses. The applicant has provided engineered drawings to the Town confirming that the proposed dwelling unit will comply with the requirements of the Ontario Building Code and Ontario Fire Code. The applicant's request can be considered desirable for the intended use of this property. (f) Summary: In light of the foregoing, it is the opinion of this Office that the applicant's proposal can be given favourable consideration. The relief that the applicant is seeking will not negatively impact the normal use and enjoyment of neighbouring properties. ~ ....... ~..,.... .... r----\ , ...... ~ \ L, \ \ \ ".L -~-} \ \J' .t .. \ \ I \ \ \"\') ,I ' I I \ \ ', \ L~-~-~-· Parcel Lines (Displays 1 :32 00 --Boundary Lot Line --Assessment Line _ Road Environmental Protection/Floor Flood Fringe )!@ Floodway ~ Environmental Protection (EP1) ~\~ Environmental Protection (EP2) Zoning Floodlines/Regulation L 9 9 100 Year Flood Line ..r.. ~;. 30 Metre Setback -e e Conservation Authority Regulation I • • Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1 : August 2, 2012 e> :I .c ·-1: .. 0 2':!11 .. ·-ol- >oO.. c:i .. '0 i::~ll> :I-1: cn"'os .,'i'a: -< 'C .. .,; ~0~ :=Z.-c..,_ c.:: 0 o(U....J .., ~ ii: 3 ''- ~.,~ ~I ~&:' I LONDON SOU1Hti£ST CORNER OF LOT 148Q, PLAN ~ 95.00' INSTRUUENT 00037 N 52'28'00" E (REFERENCE BEARfNC) PROSPECT P.I.H. 00037 '<~ .? STR££T ,, .. STR££:T <iY~ # S',;;. ~~ ~\(' __ _.!~--... ~l: "'" -J4 I "'·~ 00<-5 72.50' U57 . .50' (Pf. P2 <It iN) (D' WIDE -PLAN 500) 2 ~. ~£: ~~ ~I 21 • 6~ ~ ~ !?.: .!:! I REQUIRE 'THIS P~ TO BE DEPOSITED UNDER THE AEGISlRY ACT PLAN 41R-6K03 Rf:CEIVED AND DEPOSITED ''"' 2aa..L· o::z -2o ~V-~~ DEPUTY L.AND REOIS1RAR FOR lHE REGISTRY DI..,SION Of OXFORD (No. +1) PLAN OF SURVE:Y OF LOT 1469 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE -I INCH • 20 FEET wr r I""i IMPERIAL ~rc':::; ~~~ ~u~~N:;-:a~30~-rs .t.No CANI KIM HUSTED SURVEYING L TO. SURVEYOR'S CER11FICA TE I CERTIFY lMA T (1) -lHIS SURVEY AND PLAN ARE CORRECT AND IJ<I o\CCORDANCE 'MlH '!HE SURVEYS ACT, 1HE SURV£YORS ACT AND 1HE REGISTRY ACT AND THE REWLA'llONS WADE UNDER 'THEW (2) -ntiS SURW:V WAS Cot.IPL.ETED ON 1HE 12th DAY CT Fn!RUARY, 2001 FEBRUARY 19, 2001 ~~~.rut---~'~ ,..,. NOlES (1) -8EARLNCS ARE ASlRONOMIC ANO ARE REFERRED TO l'HE NORTMERN UWIT OF PROSPECT S'TREET AS SHO'IIIN ON .R.JOG€'S PLAN REGISlE!ED AS PLAN No. 5001 HA\o1NG A BEARING OF' N 52• 28' oo• E LEGEND • 0 •• ,. AlB (•nl Cl' !1582) 16-1e) ~~~ !~I P.I.N. CENOTES SURVEY WOHUWENT FOUND DENOTES SURI£f WOHUNENT SET DENOTES STNIDARO IRON BAR COJOTES IRON BAR DENOTES ROUND IRON BAR DENOTES 'MlNESS DENOTES CONCRm PIN OENOlES Klt.l HUSlED 9JR~'I'INC lTD. DENOTES SHEET AND t.tONUMDIT No. ORIGINAl WITH PLAN 500 DENOTES .AJDGE"S PLAN RECISTER£0 AS PLAN No. 500 DENOTES PlAN OF SURVEY BY I<IW HUSTED SURVEYING L TO. JNoiUARY 22. 1990 PRO.£CT 89-1-479 DENOTES WEASUR£0 OENOTT::S SET OENOTES PROPERlY IOENlii"'ER NUWBER Klt.l HUSTED SURVEYING L 10. ONTARIO LAND SURVEYOR lO HAIIVEY S'IR£ET, llJ.SOHI!UIIG ONT.WO. N40 3oll PHONE: 5111-142--FAX: 5111-142-JIJI PROJECT: 01-5740 REFERENCE: F.F.6 DISK No. .,. File No. A-08/12 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday September 10, 2012. OWNERS/APPLICANTS: 1068915 Ontario Inc. 28 Kamps Crescent Tillsonburg ON N4G 4Z3 LOCATION: AGENT: Jules and Diane Pozsgai 28 Kamps Crescent Tillsonburg, ON N4G 4Z3 PT LT 1469 PL 500 PT 2 41R6803, municipally known as 23 Broadway Street, Town ofTillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new basement apartment located in an existing building. The application requires relief from Section 5.3 Dwelling Units Below Grade, to permit the fmished floor of a dwelling unit to be 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft). DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A 08/12, submitted by Jules & Diane Poszgai for lands described as Lot 1469, Plan 500 in the Town of Tillson burg as it relates to: 1. Relief from Section 5.3., Dwelling Units Below Grade, to permit a dwelling unit with a fmished floor up to 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft), To allow for the construction of an additional dwelling unit in an existing multiple unit dwelling, subject to the following conditions: i) A building permit for the proposed dwelling unit shall be issued within one year of the date of the Committee's decision. Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson )!t!lxfErdCount~ ~ growing stronger. .. together Community and Strategic Planning P. 0. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcountv.ca OUR FILE: ZN 7-11-3 APPLICATION FOR ZONE CHANGE To: The Mayor and Members of the Town of Tillsonburg APPLICANT: Town of Tillsonburg 200 Broadway, 2"d Floor Tillsonburg ON N4G 5A7 APPLICATION REVIEW: (a) Proposal MEETING DATE: REPORT NO.: September 10, 2012 2012-206 The current Zoning By-Law Amendment application has been initiated by the Town of Tillsonburg to incorporate various amendments to the Town's Zoning By-Law No. 3295 pertaining to general housekeeping amendments and changes identified by staff since the approval of the current Town Zoning By-law in 2008. This is the first house keeping review of the Zoning By-law. Town and County staff have recently undertaken a detailed review of the zoning provisions and schedules of the Town Zoning By-law to identify any required changes. The following is a summary of the provisions that are proposed to be addressed as part of the proposed amendment: Table 1 -Proposed Amendments SECTION PROPOSED AMENDMENT Section 1.2-ADMINISTRATION Amend this section to state that the Chief Building Official is the appointed person responsible for interpreting, administering and enforcing the Zoning By-law, rather than the By-law Enforcement Officer. Section 1.3 -INSPECTION Amend this section to remove reference to the Zoning Officer, and replace with Building Inspector/Chief Building Official. Report No. 2012-206 SECTION Section 5-Cargo Containers Section 5-Mobile Food Vending Section 5 -GARDEN SUITE Section 5-Mobile Vending Section 5-Non-conforming Uses Section 5-Commercial Motor Vehicles and Tractor Trailers in Residential Zones Table 5.20.2.1 -PARKING STANDARDS Section 5.20.2.2-ACCESSIBLE PARKING ZON 7-11-03 Page 3 PROPOSED AMENDMENT residential zones and the Entrepreneurial Zone. Provisions have been introduced regulating the use of cargo containers as storage buildings. The proposed provisions will only permit them in an industrial zone, require that they be located in the rear yard, and be subject to other provisions of Accessory Building regulations. Current provisions of the Zoning By-law permit mobile food vending wherever an eating establishment is a permitted use. Staff recommend that this be revised to permit mobile food vending on properties zoned Service Commercial, Neighbourhood Commercial, and Industrial, subject to additional criteria developed in the Town Licensing By-law. Staff have also included a provision exempting these uses from the requirement to connect to municipal services. The current By-law defines a garden suite, but does not contain any provisions to direct how they are established. Provisions are proposed to permit the use subject to a temporary use zone change and only for retired parents or grandparents of lot owner(s) or the retiring lot owner provided that their children or grandchildren live in the main dwelling, direct location of structure, and create minimums and maximums for ground floor area. Mobile vending will be permitted in Service Commercial, Neighbourhood Commercial, and Major Institutional zones, subject to the provisions of the Town's Licensing By-law. Provisions have been added to the non-conforming uses section of the Zoning By-law to provide guidance as to how non-conforming rights are lost with respect to recreational vehicles. Non-conforming recreational vehicles will lose their non-conforming status when they are removed from the lot for a period exceeding 30 consecutive days if they are non- conforming with respect to their size or storage location. Staff are proposing to amend this to provide for easier and more consistent enforcement of these provisions. Existing provisions regarding a gross vehicle weight of 4,600 kg (unloaded) are being replaced with a maximum vehicle height of 3. 7 m (12.1 ') (measured from grade) and maximum overall length of ?.Om (23') This section also now separates the parking requirements for different types of schools (elementary, and secondary). This section has been deleted and replaced with a new section and table clearly indicates to staff and the public, the amount of accessible parking spaces required based on total number of parking spaces required, as well as requiring that these parking spaces be provided at the same grade as the Report No. 2012-206 SECTION Table 6.2.2-CORNER LOT FLEXIBILITY FOR SINGLE DETACHED DWELLINGS Table 7.2-R2 ZONE PROVISIONS PROPOSED AMENDMENT ZON 7-11-03 PageS • R1 Zone, single detached dwelling, corner lot from 495 m2 (5,328.3 fe) to 480m2 (5,166.8 te). Also, reduce the interior side yard setback on the narrow side of single detached dwellings which do not have an attached garage from 1.5 m (4.9 ft to 1.2 m (4.0 ft) in order to be consistent with other provisions within the R 1 zone. The other interior side yard setback will remain at 3.0 m (9.8 ft). Reinstate provisions from the previous Zoning By-law which allowed single detached dwellings on corner lots within the R1 and R1A zones to have flexible rear yard setbacks in order to permit the dwelling to have an attached garage fronting onto one street or the other. Reduce the minimum lot area for a single detached dwelling on an interior lot within the R2 Zone from 325 m2 (3,498.4 ft 2) to 315 m2 (3,390.7 fe) in order to have the minimum lot frontage and the minimum lot depth provisions equal the actual lot area that results from that calculation. Further to the above, the following reduction is also proposed in the similar fashion: • R2 Zone, semi-detached dwelling, interior lot from 325 m2 (3,498.4 ft2) to 315m2 (3,390.7 ft2). Table 13.1 -USES PERMITIED Add a Department Store as a permitted use to the CC Zone. The use is currently defined, but was not permitted in any zone. This use was previously permitted in the old Zoning By- law in the Central Commercial (C1) Zone. Planning staff are of the opinion that this use was excluded from the CC Zone in error when the new comprehensive Zoning By-law was a~Qroved in 2008. Various Locations throughout Planning staff have corrected a number of typographical errors the document and cross referencing errors throughout the document. (b) Discussion For the purposes of clarity, each proposed amendment will be discussed below al_ong with a recommendatron for Council action. For a review of the proposed By-law changes, Appendix B of this report shows the deleted text (struck through) and the added text (in red). i) Section 1.0-Administration The proposed changes will clarify that the Chief Building Official is responsible for interpreting, administering, and enforcing the Zoning By-law. Report No. 2012-206 ZON 7-11-03 Page 7 Provisions that govern the parking and storage of recreational vehicles are proposed to be amended to permit recreational vehicles only within the interior side yard or rear yard, and only where the principal use has been established and all required parking can be provided onsite. New provisions are proposed to limit the height of recreational vehicles to a maximum 3. 7 m ( 12.1 ') and to permit the storage of recreational vehicles on driveways where the vehicle is setback 2.0 m (6.56') from the edge of the road from April 15 to October 15, and to allow snowmobiles to be parked on a driveway from November 1 to March 31. These provisions will allow for some flexibility during the seasons that residents typically use recreational vehicles, while reducing enforcement difficulties. New provisions have been introduced that provide non-conforming recreational vehicles will lose their non-conforming status when they are removed from the lot for a period exceeding 30 days if they are non-conforming with respect to their size or storage location. Provisions that govern the storage and parking of commercial vehicles are proposed to be amended to remove the maximum gross vehicle weight and replace it with a maximum height and overall length. The maximum height and overall length would still allow for a cube-van type vehicle; the proposed changes will provide for easier and more consistent enforcement of these provisions. The parking provisions have been amended to introduce different requirements for elementary and secondary schools. The provisions regarding accessible parking have been updated to better reflect the draft Built Environment Standard under the Accessibility for Ontarians with Disabilities Act, 2005 to increase the number of spaces required to be designated for accessible parking, and to require that the spaces be located in close proximity to the entrance of a building. New provisions have been introduced to prohibit the storage, sale, or display of fireworks except within the Central Commercial or Service Commercial zone. These provisions are consistent with the Town of Tillsonburg Fireworks By-law 3510. Recommendation: That the Town of Tillsonburg Council amend Section 5.0 to introduce the changes as proposed. vi) Section 6.0 -Low Density Residential Type 1 Zone The minimum lot area for a single detached dwelling in the R1 and R1A zones are proposed to be reduced to have the minimum lot area equal the minimum lot frontage and minimum lot depth calculations equal the minimum lot area. The minimum interior side yard setback is recommended to be reduced to 1.5 m (4.9 ft) to 1.2 m (4.0 ft) (on one side) to be consistent with other provisions in the R1 zone. The other interior side yard will remain at 3.0 m (9.8 ft). The proposed changes will also reintroduce provisions from the previous Zoning By-law to have flexible rear yard setbacks in order to permit the dwelling to have an attached garage fronting onto one street or the other. Recommendation: That the Town of Tillsonburg Council amend Section 6.0 to introduce the changes as proposed. Report No. 2012-206 RECOMMENDATION: ZON 7-11-03 Page 9 It is recommended that the Council of the Town of Tillsonburg approve the attached amending by-law for the application of the Town of Tillsonburg, to introduce "housekeeping" amendments to Section 1.0 -Administration, Section 2.0 -Interpretation and Schedules, Section 4.0 - Definitions, Section 5.0 -General Provisions, Section 6.0-Low Density Residential Type 1 Zone, Section 7.0-Low Density Residential Type 2 Zone, Section 13.0-Central Commercial Zone. AUTHORED BY: "Eric Gilbert" Eric Gilbert, MCIP, RPP Development Planner EG/ Date August 31, 2012 File: ZON 7-11-03 APPROVED BY: "Gordon Hough" Gordon K. Hough, MCIP, RPP Corporate Manager THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3646 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 1.2 to By-Law Number 3295, is hereby amended by deleting Section 1.2 and replacing it with the following: "1.2 ADMINISTRATION This By-Law shall be administered and enforced by such person or persons as shall be appointed from time to time by by-law of the Corporation as "Chief Building Official"." 2. That Section 1.3 to By-Law Number 3295, is hereby amended by deleting Section 1.3 and replacing it with the following: "1.3 INSPECTION The Chief Building Official I Building Inspector or an officer or employee of the Corporation acting under the direction of Council may enter upon any property or premises at any reasonable time for the purpose of administering or enforcing this By-Law." 3. That Section 2.6 to By-Law Number 3295, is hereby amended by deleting the reference to By-law Number "3289" and replacing it with "3295". 4. That Section 2 to By-Law Number 3295, is hereby amended by adding the following Section: "2.7 FIGURES AND APPENDICES Unless otherwise noted, figures, appendices and illustrations included in this By-Law are for interpretation purposes only and do not form part of the Town of Tillson burg Zoning By-Law Number 3295." 5. That Section 4 to By-Law Number 3295, is hereby amended by deleting Section 4.3. 6. That Section 4 to By-law Number 3295, is hereby amended by deleting Section 4.186. The Corporation of the Town of Tillsonburg By-law Number 3646 13. That Section 4.70 to By-Law Number 3295, is hereby amended by adding the phrase "front yare!' after the phrase "See "Yard"". 14. That Section 4.102 to By-Law Number 3295, amended by deleting Section 4.102 and replacing it with the following: 15. "4.1 02 "LOT COVERAGE", means that percentage of the lot area covered by the horizontal projections of the area of all buildings, but excluding the area covered by balconies, canopies, decks and overhanging eaves which are 2.0 m (6.56 ft) or more in height above finished grade." 16. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.110 through 4.112 to 4.111 through 4.113. 17. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: "4.11 0 "MOBILE FOOD VENDING", means the sales of refreshment for consumption by the public that are conducted from a vehicle, cart, or other structure which has not been assessed as commercial and includes but is not limited to: catering vehicles, chip wagons, hot dog carts, sausage carts and ice-cream vendors, including vehicles from which pre-prepared, pre- packaged refreshments or prepared in the vehicle, or from a vehicle that transports prepared refreshments, to be sold for consumption by the public, but does not include self serve vending machines". 18. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.114 through 4.137 to 4.115 through 4.138. 19. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: "4.114 "MOBILE VENDING UNIT", means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, tent, ground covering or other device designed to be portable and not permanently attached to the ground from which any goods, wares, or merchandise other than food are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting solely of the goods, wares or merchandise being peddled, sold, served, displayed or offered for sale. 20. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.139 through 4.164 to 4.140 through 4.165. 21. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: The Corporation of the Town of Tillson burg By-law Number 3646 TABLE 6.2: ZONE PROVISIONS R1 Zone Zone Provision Uses Lot Area, Minimum 480 m2 (5, 166.8 ff) or 608 m2 (6,544.7 ff) in the case of a comer lot Lot Frontage, Minimum 15 m (49.2 ft) or 19 m (62.3 ft) in the case of a comer lot Lot Depth, Minimum 32 m (105ft) Front Yard, Minimum Depth 7.5 m (24.6 ft) and Exterior Side Yard, Minimum Width Rear Yard, Minimum Depth 12m (39.3 ft) Interior Side Yard, Minimum 3 m (9.8 ft) on one side and Width 1.2 m (3.9 ft) on the narrow side, provided that where a garage or carport is attached to or is within the main building, or the lot is a comer lot, the minimum width shall be 1.2 m (3.9 ft). Setback, Minimum Distance 20.5 m (67.3 ft) from the Centre line of an Arterial Road, as designated on Schedule "B" of this By- Law Lot Coverage, Maximum Landscaped Open Space, Minimum Gross Floor Area, Minimum Height of Dwelling, Maximum Parking, accessory uses, permitted encroachments and other general provisions 33% of the lot area 30% of the lot area 93 m2 (1 ,001.1 ft2) 10.5 m (34.4 ft) In accordance with provisions of Section 5 the R1AZone Uses 375 m2 (4,036.6 ff) or 480 m2 (5,166.8 ft2) in the case of a comer lot 12.5 m (41 ft) or 16 m (52.5 ft) in the case of a comer/at 30 m (98.4 ft) 7.5 m (24.6 ft) for an existing lot 6 m (19.7 ft) for a lot created after the passing of this By-Law, except where the front or exterior yard abuts an arterial road, in which case the minimum front or exterior side yard abutting such road shall be 7.5 m (24.6 ft). 10.5 m (34.4 ft) 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the narrow side, provided that where a garage or carport is attached to or is within the main building, or the lot is a comer lot, the minimum width shall be 1.2 m (3.9 ft). 20.5 m (67.3 ft) 35% of lot area 30% of the lot area 93m2 (1,001.1 ft2) 10.5 m (34.4 ft) In accordance with the provisions of Section 5 The Corporation of the Town of Tillsonburg By-law Number 3646 TABLE 7.2: ZONE PROVISIONS Duplex Dwelling, Single Detached Semi-detached Converted Zone Provision Dwelling Dwelling Dwelling or Public Use Setback, Minimum 20.5 m (67.3 ft) distance from the centre line of an Arterial Road as designated on Schedule "B" of this By-Law Lot Coverage, 40% of the lot area Maximum Landscaped Open 30% of the lot area Space, Minimum Gross Floor Area, 83 m2 (893.4 ft2) 75m2 (807.3 ft2) for 65 m2 (699.7 fe) Minimum each dwelling unit each dwelling unit Height of Building, 10.5 m (34.4 ft) Maximum Parking, accessory In accordance with the provisions of Section 5 uses, permitted encroachments and other general provisions 28. That Section 13 to By-Law Number 3295, is hereby amended adding the term "a department store" to the list of permitted uses in Table 13.1. 29. That Section to By-law Number 3295, is hereby amended by deleting Section 5.0 and replacing it with the following: 5.1 ACCESSORY USES, BUILDINGS, STRUCTURES 5.1 .1 ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITTED 5.1.1.1 Where this By-Law provides that a lot may be used or a building or structure may be erected or used for a particular purpose, that purpose shall include any accessory building or structure or accessory use, provided that: it is not to be used for any occupation for gain or profit, except as permitted in this By-Law; for The Corporation of the Town of Tillsonburg By-law Number 3646 ii) iii) iv) v) vi) a carport may be erected on a lot in a residential or entrepreneurial zone only where it is built over a driveway, is located in an interior side yard, does not exceed a length of 7.5 m (24.6 ft) and complies with all the other provisions of Table 5.1.1.4 on a residentially or entrepreneurial zoned lot, one (1) accessory building, not exceeding 10.0 m2 (107.6 ft2) in gross floor area, may be excluded from the calculation of total/of coverage. accessory buildings or structures, not exceeding 2.5 m (8.2 ft) in height, may be located within a required exterior side yard, provided that a minimum exterior side yard setback of 3 m (9.8 ft) is maintained and such exterior side yard is enclosed by a privacy fence or planting strip with a minimum height of 1.5 m (6ft). where an existin~ residentially or entrepreneurial zoned lot exceeds 1,500 m (16,146.4 ft2) in lot area, the maximum lot coverage for all accessory buildings and structures shall not exceed 100 m2 (1 ,076.4 ft2) of ground floor area and no accessory building or structure shall exceed 4.5 m (14.8 ft) in height. covered and uncovered decks, patios, porches/verandas and other similar structures shall only be permitted in accordance with the provisions of Section 5.35.1.2. 5.1 .2 EXCEPTIONS The following accessory uses are not subject to the provisions of Section 5.1.1.4, provided that they are in accordance with the provisions noted in Table 5.1.2: TABLE 5.1.2-ACCESSORY USE ExCEP110NS AND RELATED PROVISIONS Structures Specific Provisions -clothes poles, flag poles and None basketball standards; -garden trellises; -ornamental fountains, statues, cenotaphs, monuments and memorials; -planters, benches and picnic tables; -retaining walls, sidewalks, pavements, and curbs; and -other similar accessory uses. The Corporation of the Town of Tillsonburg By-law Number 3646 c) other than the rear yard depth requirement as set out in subsection above, the placement of a cargo container shall comply with Table 5.1.1.4 -Regulations for Accessory Buildings and Structures. 5.3 CONTROL OF ANIMALS AND BIRDS Where an Animal Control By-Law has been passed by the Town, the prohibition or regulation of the keeping of animals, birds or reptiles within any Zone shall be controlled by such By-Law. 5.4 DWELLING UNITS BELOW GRADE No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room, or for a similar use only and shall not be used for sleeping accommodation. However, a dwelling unit, in its entirety may be located in a basement provided the finished floor level of such basement is not below the level of the sanitary or storm sewer serving the building or structure in which such basement is located and provided further, that the floor level of such basement is not more than 1.2 m (3.9 ft) below the adjacent finished grade. 5.5 EROSION HAZARD AREAS 5.5.1 DEFINITION OF EROSION HAZARD AREAS Erosion hazard areas shall correspond to the fill regulated areas established by the Long Point Region Conservation Authority, as indicated on Schedule "A" of this By-Law. 5.5.2 PERMITTED USES All of the uses of the underlying zone may be permitted within an erosion hazard area, subject to complying with the provisions of a geotechnical study, undertaken by the applicant pursuant to Section 3.2.8.2.1 of the County of Oxford Official Plan. Existing buildings and structures shall be recognized as permitted uses within an erosion hazard area, provided that any expansion or change of use of such buildings and structures shall also be subject to compliance with the provisions of a geotechnical study as indicated above. The Corporation of the Town of Tillsonburg By-law Number 3646 5.8 FLOOD AND FILL AREAS 5.8.1 EXTENT OF THE FLOOD PLAIN AND FILL REGULATED AREA The Flood Plain and Fill Regulated Area apply to lands within the Regulatory Flood Plain and Fill Regulated Area established by the Long Point Region Conservation Authority. Where the Conservation Authority has not established flood lines, proponents may be required to complete such mapping to the satisfaction of the Conservation Authority, prior to development. The Zoning Officer shall notify the Conservation authority of development plans within the Regulated Area to determine whether such flood plain mapping is required and to obtain written confirmation from the Conservation Authority that the proposed development complies with all applicable regulations. Until Significant Valleylands have been defined through study, they will be defined as the lands associated with the Regulatory Flood Plain or Fill Regulated Area established by the Conservation Authority. 5.8.2 IDENTIFICATION OF THE FLOOD PLAIN AND FILL REGULATED AREA The Regulatory Flood Line is shown by a dotted line indicating the area subject to flood regulations on Schedule "A" of this By-Law. A dashed bracket on Schedule "A" of this By-Law shows the limits of the Fill Regulated Area. 5.8.3 PERMITTED USES WITHIN THE REGULATORY FLOOD PLAIN Only the following uses are permitted within the area of the Regulatory Flood Plain, provided that they are also permitted in the underlying zone: • flood control works; • a park; • a public use in accordance with the provisions of Section 5.25 of this By-Law; • a sand or gravel pit; • a stone quarry; • a conservation project; except that no buildings or structures shall be permitted unless accessory to flood control works or a conservation project. All other uses not explicitly listed above, shall be prohibited within the area of the Regulatory Flood Line. The Corporation of the Town of Tillsonburg By-law Number 3646 iii) the garden suite must be sited on the same lot as the main residential building and the owner of the Jot must live on the property; iv) the garden suite may only be located in the rear yard of the Jot; v) the garden suite must comply with the regulations for accessory buildings set out in Table 5.1.1.4 -Regulations for Accessory Buildings and Structures for Residential Zones; and vi) an agreement is entered into with the Corporation and registered on title specifying the period of temporary occupancy by any persons named, requirements for the removal of the garden suite, building design details, drainage and servicing works and monetary or other forms of security which may be required. 5.9.3 ACCESSORY BUILDING LOT COVERAGE FOR A GARDEN SUITE Where a garden suite is permitted in a Residential Zone pursuant to subsection 5.9.2, the accessory building Jot coverage established in Table 5.1.1.4 may be exceeded by the ground floor area of the garden suite provided that the total Jot coverage provision of the applicable Residential Zone is not exceeded. 5.10 GREATER RESTRICTIONS This By-Law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 5.11 GROUNDWATER RECHARGE AREAS 5.11.1 DEFINITION OF THE GROUNDWATER RECHARGE AREA 5.11.2 The Groundwater Recharge Area includes the area shown on Schedule "D" of this By-Law. PERMITTED USES All uses existing at the date of passing of this By-Law shall be permitted uses within the Groundwater Recharge Area. All uses permitted within the underlying zone shall be permitted within the Groundwater Recharge Area, with the exception of those listed in Section 5.11.3 of this By-Law. The Corporation of the Town of Tillson burg By-law Number 3646 5.12.2 ZONE REQUIREMENTS A Group home shall comply with the zone provisions for dwellings permitted in the zone in which such use is located. 5.13 HOME OCCUPATION 5.13.1 5.13.2 5.13.3 5.13.4 5.13.5 5.13.6 5.13.7 WHERE PERMITTED A home occupation is permitted, subject to complying with all appropriate zoning provisions, in all zones permitting a residential dwelling unit and shall be permitted within the residential dwelling unit. FLOOR AREA LIMIT Not more than the cumulative total of 25 m2 (269.1 ft2) of gross floor area of the residential dwelling unit shall be used for the purposes of the home occupation use. STORAGE, DISPLAY AND SIGNAGE There shall be no external storage of goods or materials and no external display or advertising other than one (1) unlit sign with an area of not more than 1 m2 (1 0.8 ft2), directly attached to the wall of the residential dwelling unit. ADVERTISEMENT Media advertising of the home occupation shall be restricted to the publishing of the home occupation and telephone number, but no municipal address. EMPLOYEES There are no persons employed other than a member of the family residing on the lot. RETAIL SALES Retail sale of items shall be prohibited, except for items made as part of an approved home occupation. REPAIR USES Repair of goods shall be prohibited, except for household appliances and electronic equipment as part of an approved home occupation. The Corporation of the Town of Tillsonburg By-law Number 3646 5.14 LOADING PROVISIONS 5.14.1 5.14.2 LOADING SPACES REQUIRED The owner or occupant of any lot, building or structure in a Commercial, Institutional or Industrial Zone, erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares and merchandise and raw materials shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or Jane, within the zone in which such use is located, loading or unloading facilities in accordance with the rates set out in Table 5.14.1. TABLE 5.14.1 -LOADING SPACE REQUIREMENTS Zone Gross Floor Area Number of Loading Spaces Required Commercial, 350-2,000 m2 (3,767.5-21 ,528.5 ff) 1 Institutional, 2,001-6,500 m2 (21 ,539.3-69,967.7 fe) Industrial, or 2 Open Space 6,501-12,000 m2 (69, 978.5-129,171.2 ft2) Zone 3 Greater than 12,000 m2 (129,171.2 ft2) 4 Where more than one (1) primary building is located on a Jot, the loading space requirements indicated in Table 5.14.1 shall be applied to each such building individually, with any required spaces to be located immediately adjacent to the building for which they are required. STANDARDS FOR LOADING SPACES All loading spaces must be rectangular and comply with the provisions of Table 5.14.2 below: TABLE 5.14.2-LOADING SPACE STANDARDS Design Provision Minimum Standard Length 14m (45.9 ft) Width 4m(13.1ft) Vertical Clearance 4.5 m (14.7 ft) Location 1.5 m (4.9 ft) from an interior side or rear lot line and 15m (49.2 ft) from a street line. In addition, no loading space shall be located in any portion of a required yard abutting a Residential, Future Development or The Corporation of the Town of Tillsonburg By-law Number 3646 5.15 LOTS CONTAINING MORE THAN ONE USE 5.15.1 LOT AREA AND LOT FRONTAGE REQUIREMENTS Where a lot contains more than one (1) use, which is not an accessory use, the lot area requirement shall be the sum of the requirements for each separate use. The lot frontage requirement shall be the greatest of the lot frontage requirements for each separate use in the zone where such lot is located. 5.16 LOTS DIVIDED INTO MORE THAN ONE ZONE Where a lot is divided into more than one (1) zone, each such portion of the lot shall be used in accordance with the provisions of this By-Law for the zone where such portion of the lot is located. However, for the purposes of determining minimum lot area and minimum lot frontage, the entire lot shall be considered, with the exception of any areas covered by an environmental protection overlay or located within a flood plain, as identified on Schedule "A" of this By-Law. 5.17 MOBILE FOOD VENDING A mobile food vending unit shall only be permitted in the Service Commercial, Neighbourhood Commercial, and Industrial zones and shall be subject to municipal licensing standards. 5.18 MOBILE VENDING UNIT A mobile vending unit shall only be permitted in the Service Commercial, Neighbourhood Commercial, and Major Institutional Zones, and shall be subject to municipal licensing standards. 5.19 MUNICIPAL SERVICES 5.19.1 5.19.2 No land shall be used or built upon and no building or structure shall be erected, used or expanded for any purpose unless the land is serviced by municipal services (municipal water, sanitary sewers, drainage systems and improved streets) which meet the municipal standards in effect and have adequate capacity to service the use or development. Notwithstanding the foregoing, the following may be permitted without full municipal services: The Corporation of the Town of Tillsonburg By-law Number 3646 5.20.4 • Such dwelling is located on an appropriately zoned lot in a registered plan of subdivision, or an appropriately zoned lot created through consent; or • Such dwelling is located on an appropriately zoned lot of record, which is not located within a registered plan of subdivision, and is located no closer to any industrial use identified in Section 5.20.1 than one (1) or more existing noise sensitive land uses located on appropriately zoned lots, provided that such uses are located between the lot to contain the proposed dwelling and the identified industrial use. SETBACK ADJACENT TO A RAILWAY Notwithstanding any other provisions of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, the setback and other noise mitigation measures shall be established with consultation from the owner of the Railway. 5.21 NON-CONFORMING USES, SITES AND BUILDINGS 5.21.1 CONTINUATION OF EXISTING USES 5.21.2 The provisions of this By-Law shall not prevent the use of any lot, building or structure for any purpose prohibited by this By-Law if such lot, building or structure was lawfully used for such purpose on the date of passing of this By-Law, and provided that it continues to be used for that purpose. For the purpose of this By-Law, a barn used for housing livestock shall be deemed to comply with this provision, provided that it continues to be used to house the same type of livestock as it did on the date of passing of the By-Law. For the purposes of this By-Law, lawfully used will be restricted, for the purposes of proof, to existing as of April261h, 1977. NON-CONFORMING BUILDING LOCATION Notwithstanding any of provisions of this By-Law to the contrary, any building or structure, which lawfully existed at the date of passing of this By-Law, shall be deemed to comply with the relevant provisions of this By-Law pertaining to setbacks from a street line, yards and lot coverage, provided that no portion of any such building or structure encroaches on any abutting road allowance or lot. Extensions or additions to any such building or structure shall still be subject to the provisions of Section 5.21.7. The Corporation of the Town of Tillsonburg By-law Number 3646 5.21.6 5.21.6.1 5.21.6.2 5.21.6.3 5.21.6.4 5.21.6.5 5.21.7 5.21.7.1 5.31.7.2 5.21.7.3 REPLACEMENT OF NON-CONFORMING BUILDINGS Where a non-conforming building or structure is damaged or demolished due to an accidental cause, or is in poor state of repair, nothing in this By-Law shall prevent the replacement of the non- conforming or non-complying building or structure provided that: the building or structure is occupied by the same use or by a permitted use; the building or structure is located on or within the limits of the foundation walls of the building or structure as they existed prior to such destruction; the height and gross floor area of such replacement does not exceed the height and gross floor area of the building as it existed prior to such destruction; the building or structure does not encroach on a municipal road allowance; and the building or structure is replaced and reoccupied within one (1) year of such destruction. EXTENSIONS TO NON-CONFORMING BUILDINGS Nothing in this By-Law shall prevent an extension or an addition being made to a non-conforming use, building or structure provided that: the use, building or structure existed at the date of passing of this By-Law but does not comply with one (1) or more of the zone provisions of this By-Law; and that such extension or addition does not contravene any of the zone provisions of this By-Law. Notwithstanding Section 5.21.7.2, for a residential use in any residential zone or EC zone that such extension of addition does not further contravene any of the zone provisions of this By-Law. The Corporation of the Town of Tillsonburg By-law Number 3646 5.23 OUTDOOR PATIOS 5.23.1 5.23.2 5.23.3 5.23.4 5.23.5 OUTDOOR PATIOS PERMITTED An outdoor patio is permitted where it is operated as part of an eating establishment, tavern, community complex, refreshment room, institutional hall or golf course listed as a permitted use in the applicable zone provisions. LOCATION An outdoor patio shall only be established in accordance with the following criteria: a) an outdoor patio is prohibited in a yard abutting a Residential, Entrepreneurial or Institutional Zone; b) an outdoor patio is prohibited within any yards abutting a street if a Residential Zone or Entrepreneurial Zone is located on the opposite side of the street; and c) a terraced or rooftop patio is not permitted on any property abutting a Residential Zone. PARKING The gross floor area of any outdoor patio shall be included for the purposes of calculating required parking in accordance with Table 5.24.2.1. ENCROACHMENT INTO REQUIRED YARDS Despite any required yard setbacks of the applicable zone, an outdoor patio may project to within 1.2 m (3.9 ft) of the lot line provided that the criteria of Section 5.23.2 are complied with. ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE An outdoor patio, in the Central Commercial (CC) zone, may be permitted to encroach onto an improved street only where it will not interfere with pedestrian or vehicular traffic and only where a valid encroachment agreement has been entered into with the Corporation and remains in good standing. The Corporation of the Town of Tillson burg By-law Number 3646 5.24.1.5 5.24.1.6 shall have a single axel. No more than one (1) commercial vehicle is permitted to be parked or stored in accordance with this Section. No person shall use any lot, building or structure in a Residential Zone or Entrepreneurial Zone for the parking or storage of any tractor-trailer or part thereof. The provision of this subsection shall not include commercial motor vehicles or tractor-trailers, which temporarily attend at residential premises for the purpose of delivery and/or service provided to the occupants of such residential premises. ACCESS TO PARKING SPACE A parking space must have unobstructed access from a public street or public lane by either a driveway or an aisle leading to a driveway. ALL RESIDENnAL REQUIRED MINIMUM SETBACK ZONES Permitted Location Any yard other than a front yard or exterior side yard. 1.2 m (3.9 ft) Height, Maximum 3.7 m (12.1 ft) Rear Yard 1.2 m (3.9 ft) PARKING SPACE AND PARKING AISLE STANDARDS Motor vehicle parking spaces and parking aisles shall comply with the standards set out in Table 5.24.1.6 and be in accordance with Schedule "C" of this By-Law. TABLE 5.24.1.6-PARKING SPACE AND AISLE STANDARDS Minimum Minimum Depth Angleofthe Perpendicular Width of of Parking Minimum Width of Parking Spaces the Aisle Space Parking Space 30 degree 3.4 m (11.2 ft) 4.6 m (15.1 ft) 2.7 m (8.9 ft), 45 degree 3.7 m (12.1 ft) 5.5 m (18ft) except for parking spaces flanking a 55 degree 4.3 m (14.1 ft) 5.8 m (19ft) wall, fence or other 60 degree 4.9 m (16.1 ft) 5.8 m (19ft) obstruction, which shall be 3 m (9.8 ft) 65 degree 5.2 m (17.1 ft) 5.8 m (19ft) 70 degree 5.5 m (18ft) 5.8 m (19ft) 90 degree 7.3 m (24ft) 5.5 m (18ft) The Corporation of the Town of Tillsonburg By-law Number 3646 5.24.1.9 5.24.2 5.24.2.1 ADDITIONS TO BUILDINGS The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this By-Law so long as the floor area, as it existed at such date, is not increased, and the building or structure is used for a purpose which does not require more parking spaces according to Section 5.24.2 of this By- Law than were required by its use at the date of passing of this By- Law. If an addition or change of use is made to a building or structure as it existed at the date of passing of this By-Law, then additional parking spaces shall be provided to the number required for such addition or change in use. MOTOR VEHICLE PARKING STANDARDS OFF-STREET PARKING REQUIRED Off-street parking for motor vehicles must be provided as set out in Table 5.24.2.1. TABLE 5.24.2.1-PARKING STANDARDS Land Use Number of Vehicle Parking Category Spaces Required Residential Uses -single detached dwelling - 2 per dwelling unit -duplex dwelling -semi-detached dwelling -converted dwelling -mobile home -street fronting townhouse dwelling -home occupation, except a - 1 bed and breakfast establishement -bed and breakfast - 1 per guest room establishment -boarding or lodging house -garden suite - 1 per garden suite -residential unit in a portion of -1.5 per dwelling unit a non-residential building -multiple unit dwelling -apartment dwelling Business Uses -commercial school -1 per 20 m:t (215.3 W) of -financial institution gross floor area -laundromat -personal service establishment -retail store -service shop -studio -eating establishment - 1 per 9 m" (96.9 W) of gross floor area The Corporation of the Town of Tillson burg By-law Number 3646 5.24.2.2 5.24.2.3 TABLE 5.24.2.1-PARKING STANDARDS Land Use Number of Vehicle Parking Category Spaces Required -arena or community centre - 1 per 10m2 (107.6 W) of -assembly hall gross floor area or 1 space for -fraternal lodge or every 4 seats whichever is institu greater tiona/ hall -place of entertainment -bowlinQ alley -4 per lane -curling facility - 4 per curlinQ sheet Other Uses -All other uses permitted by - 1 per 40 m2 (430.6 ft"') of this By-Law other than those gross floor area listed in this table ACCESSIBLE PARKING Motor vehicle Parking spaces to be exclusively used for Accessible Parking shall be provided as follows: a) a minimum of 3.7 m (12.1 ft) wide and a minimum of 5.5 m (18.0 ft) in length; b) the minimum number required as part of the total number of parking spaces shall be as follows: Total Number of Required Number of Required Parking Spaces Accessible Parkina Spaces 0-5 0 6-10 1 11-20 2 21 plus 5 % of total required parking spaces c) be constructed at the same grade as the entry to the building or entry to the access ramp or structure designed to facilitate entry for those requiring accessible parking; d) be located within close proximity to the building or access ramp or structure; and e) be clearly identified and reserved for the exclusive use of as accessible parking spaces. TANDEM PARKING Where parking is provided for a dwelling unit in an individual driveway, the required parking for that dwelling may be provided by a tandem parking space. The Corporation of the Town of Tillsonburg By-law Number 3646 5.24.4.1 5.24.5 TABLE 5.24.4: REQUIRED VEHICLE QUEUE SPACE Land Use Required Number of Spaces Automated Bank Machine situated on the 3 before each Automated Bank Machine exterior of a building or free-standing kiosk. Automobile Service Station/Repair 1 before each service bay Garage 1 at service bay exit if a through-bay Motor Vehicle Washing Establishment 3 before each wash bay 2 after each wash bay Eating establishment 10 before pick-up window 2 after pick-up window Convenience Retail or Service 2 before service window Establishment All required queue spaces must be provided in accordance with the following design standards: a) The minimum dimensions for each queue space must be 2.7 m (8.87 ft) in width and 6 m (19.7 ft) in length; b) Queue spaces must be arranged in a single waiting line in advance and behind the drive through service window offered in accordance with Table 5.24.4; c) A minimum inside turning radius for queue spaces forming a waiting line is 7 m (23 ft) d) Queue spaces forming a waiting line must be unobstructed by parking spaces or loading spaces and must be clearly delineated by markings and barriers; e) Queue spaces forming a waiting line or storage space from the service offered cannot form part of a parking aisle providing access to a parking space; and f) Queue spaces shall not be located in a required yard abutting a Residential Zone or Entrepreneurial Zone. EXCEPTIONS-PARKING SPACE REQUIREMENTS Notwithstanding the minimum parking requirement contained Table 5.24.2.1, within the CC zone, the following minimum parking requirements shall apply: a) No additional parking spaces shall be required for any change of use within an existing building; The Corporation of the Town of Tillsonburg By-law Number 3646 5.25.4 5.25.5 DRIVEWAYS AND WALKS In all cases where the ingress and egress of a driveway and/or walk extend through a planting strip, it shall be permissible to interrupt the planting strip within 3 m (9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said walks. LANDSCAPED OPEN SPACE A planting strip referred to in this subsection may form part of any landscaped open space required by this By-Law. 5.26 PROHIBITED USES No person shall, within the Zoned Area, use any land or construct, alter or use any building or structure for any of the following purposes: • an arsenal; • cement, lime or sulphur works; • coke manufacture; • distilling bones, blood boiling, bone boiling, tripe boiling or extracting fish from oil; • fat, grease, lard or tallow rendering or refining but not including the manufacture of soap; • incineration or reduction of dead animals or offal; • kerosene refining; • manufacturing or storing of explosives, ammunition or fireworks; • a metal smelting use; • open storage, except where specifically listed as a permitted use; • petroleum refining; • a rendering plant; • a sand or gravel pit, other than a wayside sand or gravel pit; • a tannery for the curing and storing of rawhide, skins, leather or hair; • wool pulling or wool scouring; • any trade, business or manufacture which is deemed to be an offensive trade within the meaning of the Public Health Act, RSO, 1990. 5.27 PUBLIC USES 5.27.1 PUBLIC SERVICES The provisions of this By-Law shall not apply to the use of any lot or to the erection or use of any building or structure for the purpose of providing public services: The Corporation of the Town of Tillsonburg By-law Number 3646 5.27.4 5.27.5 STREETS AND INSTALLATIONS Nothing in this By-Law shall prevent land to be used as a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or underground hydro, telephone or other supply line or communication line or tower provided that the location of such main, line, tower or fixture has been approved by the Corporation. EXCEPTIONS 5.27.5.1 Where in this By-Law under the heading of "USES PERMITTED", a use is specifically permitted in a zone, which use without such reference thereto would be permitted in any zone pursuant to the provisions of Section 5.27.1, then such use shall be deemed to be permitted only within the zone or zones making such specific reference thereto and the said Section 5.27.1 shall not apply to such use. 5.27.5.2 Notwithstanding anything in this By-Law to the contrary, new infrastructure or utilities will only be permitted within any Zones or Environmental Overlay areas corresponding to the Open Space and Environmental Protection Designations and Fish Habitat Protection Areas in the County Official Plan, if they have been approved through an environmental assessment process. 5.28 SALE OF FIREWORKS The storage, sales, or display of fireworks shall be prohibited except in the Central Commercial Zone or Service Commercial Zone, and shall be subject to the Town of Tillson burg "Fireworks By-law" 3510, as amended. 5.29 SIGHT TRIANGLES On a comer lot within the triangular space formed by the street lines and a line drawn from a point on one (1) street line to a point in the other street line, each such point being 9 m (29.5 ft), measured along the street line from the point of intersection of the street lines, no building, structure, planting or vehicle shall be located in such a manner as to impede vision between a height of 0.6 m (2 ft) and 3 m (9.8 ft) above the centre line grade of the intersecting streets. Where the two (2) street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. The Corporation of the Town of Tillsonburg By-law Number 3646 5.30.1.4 5.30.2 5.30.2.1 5.30.2.2 Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or landing may be attached to a residential dwelling existing at the date of passing of this By-Law, or to any residential dwelling that has been replaced, rebuilt or otherwise altered in accordance with the above paragraph. Any such covered or uncovered deck, stoop and/or landing shall be constructed in accordance with Section 5.37 and shall not exceed 23.2 m2 (250 ft2) in area. ALL OTHER ZONE PROVISIONS APPLY All other zone provisions of the underlying zone shall continue to apply within the EP1 Overlay areas. ENVIRONMENTAL PROTECTION 2 OVERLAY AND FISH HABITAT The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the following Significant Environmental Features that are identified in the County Official Plan: Significant Valleylands Significant Woodlands Areas of Natural and Scientific Interest for the Life Sciences Significant Wildlife Habitat Fish Habitat shall consist of all watercourses, ponds, lakes and reservoirs within the Town. IDENTIFICATION OF THE EP2 OVERLAY AND FISH HABITAT The EP2 Overlay corresponds to the features listed in Section 5.30.2 and is identified on Schedule "A" of this By-Law. Section 2.5 of this By-Law provides an explanation for the interpretation of these overlay areas. Fish Habitat corresponds to all the water features listed in Section 5.30.2. PERMITTED USES Notwithstanding the provisions of the underlying zone, no person shall within any EP2 Overlay, or Fish Habitat, use any Jot or erect, alter or use any building or structure for any purpose except one (1) or more of the following uses: • A public use authorized through an environmental assessment process; The Corporation of the Town of Tillson burg By-law Number 3646 Notwithstanding the above, buildings or structures accessory to an existing dwelling located within the EP1 Overlay or within 120 m (393.7 ft) of the EP1 Overlay, may be permitted within 120 m (393. 7 ft) area adjacent to the EP1 overlay without an Environmental Impact Study, in accordance with the provisions of Section 5.1 of this By-Law, pertaining to accessory residential buildings and structures. 5.30.3.2 Development, site alteration and stockpiling of materials within 50 m (164ft) of the EP2 Overlay or edge of fish habitat, except for those uses permitted in Section 5.30.2.2, must comply with the Environmental Impact Study Requirements in Section 3.2.4.2 and 3.2.6 of the County of Oxford Official Plan. 5.30.4 5.30.4 Notwithstanding the above, buildings and structures accessory to an existing dwelling within the EP2 Overlay or within 50 m (164 ft) of the EP2 overlay or fish habitat shall be permitted in accordance with the provisions of Section 5.1 of this By-Law pertaining to accessory residential building and structures. PERMITTED USES All of the uses of the underlying zone are permitted within the distances specified, subject to the provisions of an Environmental Impact Study undertaken by the applicant pursuant to Section 3.2.4.2 and 3.2.6 of the County of Oxford Official Plan. Notwithstanding this provision, an Environmental Impact Study will not be required if an exemption is granted under Section 3.2.6 of the County of Oxford Official Plan. ZONE REQUIREMENTS All other zone provisions of the underlying zone shall continue to apply within these areas, unless the Environmental Impact Study recommends new provisions. Where new provisions are recommended by an Environmental Impact Study, a zoning By-Law amendment shall be required to incorporate such provisions into this By-Law. 5.31 SITE PLAN CONTROL Where uses located within any of the zones described in this By-Law are also within an area designated by By-Law as being subject to site plan control, they shall be subject to the provisions of the zone as well as any requirements of the Town of Tillsonburg's Site Plan Control By-Law and associated guidelines, as amended. The Corporation of the Town of Tillsonburg By-law Number 3646 TABLE 5.34.1.5-RECREATIONAL VEHICLE SETBACKS ALL RESIDENTIAL REQUIRED MINIMUM SETBACK ZONES Front Yard Same as that required for a main building Exterior Side Yard Same as that required for a main building Interior Side Yard 1.0 m (3.28 ft) Rear Yard 1.0 m (3.28 ft) 5.34.1.6 Notwithstanding any provision of Table 5.34.1.5 to the contrary, the following provisions shall also apply: 5.34.2 5.34.3 i) a recreational vehicle, other than a snowmobile, may be temporarily parked or stored in a required front yard or exterior side yard from April 15 to October 15, provided that the recreational vehicle is stored on a driveway and is situated a minimum of 2.0 m (6.56 ft) from the edge of pavement/ road finish; ii) the only recreational vehicle that may be temporarily parked or stored in a required front yard or exterior side yard from November 1 to March 31 is a snowmobile, provided that the snowmobile is stored on a driveway. FULLY ENCLOSED Notwithstanding the provisions of Section 5.34.1 of this By-Law, the limitations imposed herein shall not restrict the number of recreational vehicles that are fully enclosed within a private garage. OCCUPANCY No recreational vehicle shall be used for human habitation while stored on any lot. 5.35 THROUGH LOTS Where a lot which is not a corner lot has frontage on more than one (1) street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of the zone or zones in which such lot is located. The Corporation of the Town of Tillson burg By-law Number 3646 • Towers and associated buildings and structures shall be setback 150m (492.1 ft) from a residential zone. 5.37 YARD, SETBACK AND HEIGHT-PERMITIED ENCROACHMENTS 5.37.1 PERMITIED PROJECTIONS INTO REQUIRED YARDS Notwithstanding the yard requirements of this By-Law, the following projections are permitted from a main building in accordance with the provisions set out in Table 5.37.1. TABLE 5.37 .1 -PERMITTED PROJECTIONS INTO REQUIRED YARDS Permitted Minimum Setback Projections into Between Projection Structure Required Yards and Lot line Uncovered and unenclosed steps, All Yards -no limit Interior Side 0.6 m not exceeding 1.2 m (3.9 ft) above (2 ft), Front, Exterior grade, providing access to a Side and Rear 3 m basement or a ground floor, deck, (9.84 ft) stoop or landing Fire escapes, steps providing Rear and Interior 1.2 m (3.94 ft) access above the ground floor and Side Yard, 1.2 m balconies above the ground floor (3.94 ft) Ramps used for handicapped All Yards, unlimited Interior Side, 1.2 m access (3.93 ft), Rear or Street line 3 m (9.84 ft) Balconies on apartment buildings All Yards, 1.5 m None (4.92 ft) Sills, belt courses, cornices, All yards, 0.6 m (2ft), 0.6 m (2ft) pilasters, chimneys, eaves, gutters, parapets and pilasters and similar architectural features, provided that they are a minimum of 2 m (6.56 ft) above grade Air conditioning units, heat pumps, All Yards, no limit None air exchangers, exhaust fan hoods and other similar mechanical structures. Bay windows, not exceeding 3 m Front, Rear and 5 m (16.4 ft) (9.84 ft) in width Exterior Side yards, 1 m (3.3 ft) Building cantilevers. Front and Rear, None 0.6 m (2ft) The Corporation of the Town of Tillson burg By-law Number 3646 5.37.2 HEIGHT EXCEPTIONS The height provisions of this By-Law shall not apply to prevent the erection and/or use of the following uses, in zones where such uses are permitted, and provided that such features are erected only to such height as is necessary to accomplish their purpose: • a church spire, steeple or belfry; • a cupola, dome or other ornamental structure; • a flag pole; • a clock tower or bell tower; • a chimney or smoke stack; • a firewall, • a lightning rod or weathervane; • a sky light, elevator penthouse, water tank, mechanical penthouse or other heating, cooling or ventilation equipment, or structure enclosing such features; • a communication structure, in accordance with Section 5.37; • a radio or television antennae; • a feed mill, commercial grain elevator or silo; • any other similar structures." 30. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 1 01h day of September, 2012. READ a third time and finally passed this 101h day of September, 2012. Mayor John Lessif Clerk-Donna Wilson ST. JOHN'S ANGLICAN CHURCH P.O. Box 321 Tillsonburg, ON N4G 4H8 Rector: Deacon: The Rev'd Fr. William WARD The Rev'd Vermeil Stevens August 21 s', 2012 Attn: Tillsonburg Town Council To \Vhom it may concern: The congregation of St. John's An~lican Church, Tillsonburg is holding a Blessing of the Animals Service on September 23' 2012 in honour of St. Francis of Assisi. This service is planned to take place on the side lawn of the church. As we are expecting some horses and other animals to take part we would like to request that Ridout Street between Bidwell and Coon Alley be closed from approximately 1 :00 PM until 3:30 PM to allow the animals to be brought for the blessing. This also would allow the residents of Maple Manor nursing home to be involved in the activities. We are aware that this type of closure has been done in the past to accommodate functions at the Church and Maple Manor Nursing Home. Attached please find a copy of a Certificate of Insurance# 320006504372 outlining the limits ofliability through until31 51 December 2012. If further infmmation is required please contact the church office at 519-842-5573. Thank you for your attention to this matter. ~ Dr. Frank Mattan Rector's Warden www.oclnet/stjohnstillsonburg stjohnstburg@execulink.com 519-842-5573 MUNICIPAL PROPERTY ASSESSMENT CORPORATION August 7, 2012 To: Heads of Council All Ontario Municipalities From: Dan Mathieson Chair, MPAC Board of Directors Subject: MPAC Update On behalf of the Municipal Property Assessment Corporation's (MPAC) Board of Directors, I am pleased to provide you with an update on our activities for the first and second quarters of 2012. Our efforts continued to focus on serving Ontario property taxpayers together with our provincial and municipal stakeholders in the timely delivery of accurate assessment products and services. In addition, a significant work activity for MPAC this year is the province-wide Assessment Update and the delivery of nearly 5.0 million Property Assessment Notices across the province this fall. Property Assessment Notice mailing begins in September This year, we will assess nearly 5.0 million properties across Ontario in the second province-wide assessment update based on a four-year assessment cycle. As we have in the past, Property Assessment Notices will be mailed to property taxpayers from early September to mid-November. We will provide information on residential assessment to each municipality in advance of Notices being mailed to property taxpayers in their community. We also have detailed plans in place to ensure that property taxpayers understand their assessment and its role in the property taxes they pay, how to confirm the accuracy of their assessment and how to appeal if they disagree with it. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LlV OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca All Heads of Council August 7, 2012 Page 3 of6 Review of Requests for Reconsideration (RfR) and Assessment Review Board (ARB) Appeals MPAC received 14,000 RfRs for 2012, representing approximately 0.3% of Ontario's nearly 5.0 million properties. Over 13,800 (98.5%) of the 14,000 have now been completed. We also continue to work collaboratively with our property taxpayer customers to resolve their RfR and ARB appeal matters and to answer their questions or provide the information they need to better understand their property assessment. As a point of interest, approximately 25,800 appeals, for all property types, were resolved during the first and second quarters of 2012. As a further note, the ARB's objective is to complete all outstanding appeals i.e., the 2009-2012 assessment cycle and prior, by March 31,2013. MPAC is supportive of this undertaking and is working collaboratively with the ARB to identify opportunities to streamline its processes while balancing our other operational pressures. Supplementary and Omitted Assessments for 2012 Last year, we delivered over $28.44 billion in assessment growth to our municipal stakeholders. Our projection for 2012 is approximately $23.5 billion. At the end of the second quarter, MPAC processed just over $10 billion in assessment growth through the continued focus on fieldwork in communities across the province and the successful completion of inspections and property data reviews. In addition, about 80% of all municipal building permits are provided to MPAC in a standardized, electronic format that, in turn, provides MPAC with a more timely notification to collect the data and process the supplementary or omitted assessments. We are continuing to work with municipalities to increase the compliance rate and, in turn, ensure we receive all building permit information in a standard format. We also continue to work with third parties, such as building permit system vendors, Canada Mortgage and Housing Corporation (CMHC) and the Electrical Safety Authority (ESA) to assist us in capturing and delivering assessment growth in a more efficient manner. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LlV OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca All Heads of Council August 7, 2012 Page 5 of6 In February MPAC partiCipated in the Rural Ontario Municipal Association (ROMA) and Ontario Good Roads Association (OGRA) combined conferences in Toronto. Ontario Municipal Tax Revenue Association (OMTRA) -from April 15- 17, Municipal Relations staff participated in the Annual Spring Training Seminar, held in Kingston, including staffing a booth, a speaking engagement and attending workshops. Municipal Information Association (MISA) of Ontario Annual Conference and Trade Show-MPAC had an opportunity to address the participants of the conference on May 28 as well as meet the delegates stopping by the MPAC exhibit. Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO)-from June 17-20, MPAC staff attended the AMCTO's Annual General Meeting in Ottawa providing the opportunity for attendees to stop by the MPAC exhibit with their assessment-related questions. 2012 AMO Annual Conference By now, you have received the invitation that I sent to you recently to join me, our new President and Chief Administrative Officer, Antoni Wisniewski, and other senior MPAC staff members at the 2012 AMO Annual Conference from August 19 to 22. As we have at previous conferences, Antoni and I will report on our activities over the past year and discuss our plans for the coming year. Both Antoni and I will be available to answer questions and talk to you on an individual basis. Please also stop by the MPAC booth to speak with one of our Municipal Relations Representatives and see a demonstration of our updated AboutMyProperty™ application. If you are unable to attend, MPAC's presentation will be posted at www.mpac.ca following the conference. In closing, I would like to assure you that MPAC is committed to supporting you and your municipal staff by providing sound, accurate and timely assessment information that will help you build your community and deliver services to your residents. If you have any questions or need additional information, please contact your local Municipal Relations Representative or Arthur Anderson, Director of Municipal Relations at 905 837-6993 or 1 877 635-6722 extension 6993. If you would like to speak with me directly, I can be reached at 519 271-0250, extension 234. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LtV OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca LA CORPORATION DU / THE CORPORATION OF CANTON DEc HAM PLAIN TOWNSHIP BUREAU ADMINISTRATIF I ADMINISTRATION OFFICE 948 EST, CHEMIN PLEASANT CORNER ROAD EAsT VANKLEEK HILL, ONTARIO (K08 I ROI August 22, 2012 Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson, Re: MTO Connecting Link Funding 6 I 3-678-3003 (FAX} 6 I 3-676-3363 Further to your letter of May 23, 2012, Champlain Township Council resolved to support your resolution of May 12, 2012 regarding MTO Connecting Link Funding. A copy of Council's decision, dated August 8, 2012, is attached for your records. Yours very truly, ;1 -() I Jt.; G,_~ . ~R-LA..JJ• Alison Collard Deputy Clerk/Executive Assistant Encl. c.c. Grant Crack, MPP (Glengarry-Prescott-Russell) MUNICIPALITE DU CANTON DE TINY MUNICIPALITY OF THE TOWNSHIP OF TINY www.tiny.ca August 1, 2012 Ms. Donna Wilson, Clerk Town ofTillsonburg 200 Broadway 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: 130 BALM BEACH ROAD WEST R.R. #1, PERKINSFIELD, ONTARIO LOL 2JO (705) 526-4204/526-3706 1-866-939-8469 FAX (705) 526-2372 Re: Council Resolution -Business Tax Capping Reform The Township of Tiny Council reviewed the Town of Tillsonburg's resolution at its meeting of July 30, 2012. The information was filed with no further action to be taken. Sincerely, \ ~~M~ Anita Weatherell Deputy Clerk /sw c. c. Mayor and Members of Council Recycled ~ Material County of Peterborough • !; . . Our History. Your Future. Administration Clerk's Unit Sally Saunders County Clerk County Court House 470 Water Street Peterborough, Ontario K9H 3M3 Ph: (705) 743-0380 ext. 301 or 1-800-710-9586 Fax: (705) 876-1730 ssaunders@ county.peterborough.on.ca www.county.peterborough.on.ca August 7, 2012 The Honourable Dalton McGuinty, Premier Legislative Building Queen's Park Room 281, Main Legislative Building Toronto, ON M7A 1A1 Dear Premier McGuinty: Re: Business Tax Capping Reform At its meeting held the 1st day of August, 2012, Peterborough County Council passed the following resolution: "Be it resolved that County Council supports the Town of Tillsonburg's resolution dated June 25, 2012 regarding the Business Tax Capping Reform: 1. Calling on the Government of the Province of Ontario to amend Part IX of Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of the Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction. 2. Calling on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle. 3. Attaching the discussion paper "Allowing Municipalities to Opt Out of Business Tax Capping" prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directly to the subject matter which addresses many of the Town of Tillsonburg Council's concerns, interest and preferences and shall form a part of this motion." Village of Newbury Phone: 519-693-4941 Fax: 519-693-4340 vnewbury@on. a ibn. com www.newbwy. ca Town ofTillsonburg 22 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G5A7 Attn: Donna Wilson Clerk Dear Ms. Wilson COUNTY OF MIDDLESEX P.O. Box 130 22910 Hagerty Rd. Newbury, Ontario NOL 1ZO August 15,2012 The Council of the Village of Newbury discussed your letter of June 281\ 2012 regarding the Business Tax Capping at their regular Council meeting on Monday, August 131h and passed a motion of support. Council wishes you success in your endeavor. Sincerely, Be ~Gordon cdt.I.i~e~surer CORPORATE SERVICES DEPARTMENT TELEPHONE 613-968-6481 FAX 613-967-3206 August 16, 2012 Donna Wilson, Clerk C!tttp of Jiellebtlle Development & Communication Services Town of Tillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Donna: RE: Business Tax Capping Reform Council Information Matters 8.c.6.c), Belleville City Council Meeting. August 13, 2012 169 FRONT STREET BELLEVILLE, ONTARIO K8N 2Y8 Please be advised that at the Council Meeting of August 13, 2012, Council passed a resolution to "receive" your correspondence. To "receive" means Council will take no further action regarding this matter and your correspondence will remain on file with the City Clerk's Department. I trust this is sufficient. ~1 u __ truly, _ /; • -}'·A~ ~ct ---. J 'li C. Oram, CMO · ector of Corporate Services/City Clerk JCO/nh TOWNSHIP OF CHAMPlAIN ITEM NO. 13.5 DATE August 8, 2012 RESOLUTION NO. 2012-317 MOVED BY 0 Paul Emile Duval ~rnard Franche 0 Helen Macleod o Gerard Miner 0 Troy Carkner Jacques Lacelle 0 Normand Riopel o Pierre Perreault SECONDED BY <iul Emile Duval 0 Bernard Franche < Helen Macleod 0 Gerard Miner 0 Troy Carkner 0 Jacques Lacelle 0 Normand Riopel 0 Pierre Perreault BE IT RESQL VED THAT the resolution from the Town .........,nn ... ,u~ ·n regard to the Business Tax Capping Reform, be ~ Carr1ed Carried Defeated as amended Gary J. Barton, Mayor August24,2012 Ms. Donna Wilson, Clerk Town of Tillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: Re: Resolution -Business Tax Capping Reform Your correspondence regarding the above has been received and forwarded to Council in the Council Information package on July 31, 2012. As there was no request by a Member of Council for this item to be placed on a Committee agenda for support or endorsement, therefore no further action will be taken. Yours. truly, f I·'-·. ';.--f Beverley D. Wood, AMCT, CMC, CMM111 Clerk/Manager of Council Services 519-426-5870, Ext 1228 519-426-8573-Fax Bev.wood@norfolkcountv.ca-Email Corporate Services Governor Simcoe Square 50 Colborne Street. South Simcoe, Ontario N3Y 4113 519-426-1870 Fax: 519-426-8573 www.norfolkcounly.ca FIN12-035-2013 Business Plans and Budgets Proposed Meeting Schedule DATE: TO: FROM: SUBJECT: September 10, 2012 Kelley Coulter, CAO Darrell Eddington, Director of Finance 2013 BUSINESS PLANS AND BUDGETS -PROPOSED MEETING SCHEDULE RECOMMENDATIONS "Resolve that Council receives report FIN12-035 2013 Business Plans and Budgets -Proposed Meeting Schedule. And further resolve that Council approves the 2013 Business Plans and Budgets meeting schedule as proposed." PURPOSE To obtain Council approval of the 2013 Business Plans and Budgets meeting schedule. HISTORY & DISCUSSION Senior Management is recommending the following Open Council meeting dates: Date October 2 October 25 November 1 November 15 November 19 December 7 December 13 January 21 (Council) WRITTEN BY: Darrell Eddington DATE WRITTEN: August 15,2012 11Pagc Time 1:30 p.m. 9:00a.m. 9:00a.m. 9:00a.m. 9:00a.m. 9:00a.m. 9:00a.m. 7:00p.m. Subject 2013 Council Strategic Decisions 2013 Business Plans 2013 Business Plans 2013 Operational Budget 2013 Operational Budget 2013 Capital Replacement Plan 2013 Capital Replacement Plan 2013 Draft Operational & Capital presented to Public Budget FIN 2012-036 Ross Allen Estate Trust DATE: September 10, 2012 TO: Kelley Coulter FROM: Darrell Eddington, Director of Finance SUBJECT: FIN 2012-036 ROSS ALLEN ESTATE TRUST RECOMMENDATION "RESOLVE THAT Council receive FIN 2012-036 Ross Allen Estate Trust; AND FURTHER RESOLVE THAT the funds from the Ross Allen Estate Trust be used to defray the 2012 expenses incurred relating to the transfer of the Library to the County of Oxford." PURPOSE To obtain Council approval of the disposition of the Ross Allen Estate Trust funds. HISTORY & DISCUSSION Council will recall that at the council meeting of August 13, 2012 direction was given to staff to contact Bonita Parker, the daughter of the late Mr. Ross Allen, to discuss the proposed disposition of the Trust. The transfer of the Library to the County of Oxford was explained to Mrs. Parker along with the intended disposition of the Trust. Mrs. Parker agreed with staff's recommendation to dispose of the trust to defray the expenses incurred relating to the transfer of the Library to the County. FINANCIAL IMPACT /FUNDING SOURCE No financial impact. WRITTEN BY: Darrell Eddington DATE WRITTEN: August 16, 2012. We the undersigned property owners strongly request that the green area at Woodhaven subdivision {property # II) never be considered for use other than green area (park land) and never be rezoned for any other use other than green park area. We strongly oppose the rezoning of this area for residential use. We understand that in the report DCS 12-39 Marketable Town Owned Lands requested by the Town Council that there was no recommendation for this parcel of land--however we are concerned in this report concerning Property # II it is zoned OS2 ACTIVE USE OPEN SPACE-OP designation residential and under Physical Description it states space could be divided into a number of lots or used for a condominium and while there is no RECOMMENDATION at this time--Resolution# 9 moved by Councillors Stephenson and seconded by Councillor Beres and Resolved that council receive report DSC 12-39 Town Owned Lands, as information; Further Resolved-that council adopt the recommendations contained there in "carried". ror the people ofTillsonburg and all future generations all green areas are very important as our town grows-the environmental issues must also be considered by our town council. Mr. Gilvcsy had the foresight to develop an esthetically pleasing plan for this subdivision which is an asset to the Town ofTillsonburg. As elected officials we hope you will listen and act appropriately to the wishes of the people of Woodhaven subdivision and the people of the Town ofTillsonburg . August 13, 2012 Parklands I happen to be one of the many Parkland donators, past and present, and still alive. My name 1s George Gilvesy(Gyulveszi) and I have lived in this community for 79 years plus. All my relatives still live in the Tillsonburg area except for my grandson who lives in London, my granddaughter who is a police officer in Toronto and a nephew who is a architect lives in Europe. That history of my family is well known to people in the area. The argument from the town counselors is that the things that happened were"not on my watch". Selling assets is not the solution. It is only temporary. As one of the many donors of land to the town and as developer we had to donate 5% oftht: land to the town. We tried to give cash in lieu ofland. This arrangement to most developers was preferred because we controlled our surroundings. Counsel even objected to us naming the extra 6.8 acres. We wanted to name the Park Gyulveszi in honor of my father. We would prefer that if the town was getting rid of Parkland that the proceeds be given to charity, not to reduce the debt of the town. As a business person the best way to get out of debt is to cut spending. There is many ways of doing this. There are many qualified business people in the community that would greatly help the town in doing this. I believe that most people would do this free of charge and would be glad to help. I am opened to any questions that the town may have, that I will try to answer to the best of my ability. EO&E To: Cc: Bee: Subject: Fw: NOTICE: Public Consultation on the Draft Long Point Region Source Protection Plan From: Kaitlyn Smith <ksmith@grandriver.ca> To: Date: 08/2012012 09:14AM Subject: NOTICE: Public Consultation on the Draft Long Point Region Source Protection Plan TO WHOM IT MAY CONCERN , The Lake Erie Region Source Protection Committee approved the Draft Long Point Region Source Protection Plan for public consultation at their August 16, 2012 meeting. You can review the Draft Source Protection Plan and submit comments until September 24, 2012. The publication ofthe Draft Plan is an important step toward protecting the sources of municipal drinking water in the Long Point Region watershed. The Draft Long Point Region Source Protection Plan can be found at: • www.sourcewater.ca • Long Point Region Conservation Authority, 4 Elm Street, Tillsonburg • Norfolk County Administration Building, 50 Colbome St. South, Simcoe • Haldimand County-Cayuga Administration Building, 45 Munsee St. North, Cayuga • Oxford County Administration Building, 21 Reeve Street, Woodstock • Tillsonburg Customer Service Centre, 10 Lisgar Avenue, Tillsonburg • Township of Norwich Municipal Office, 210 Main St. East, Otterville • South-West Oxford Municipal Office, 312915 Dereham Line, Mount Elgin Comments can be sent to Martin Keller, Source Protection Program Manager, by: • Email comments@sourcewater.ca, • Fax 519-621-4945 • Mail Martin Keller, Source Protection Program Manager Lake Erie Source Protection Region c/o Grand River Conservation Authority 400 Clyde Road, P.O. Box 729, Cambridge ON NlR SW6 Public Meetings to discuss the Draft Source Protection Plan will be held on: • Wednesday, September 12, 2012, 7:00 p.m. to 9:00 p.m. Long Point Region Consetvation Authority, Board Room 4 Elm Street, Tillsonburg • Thursday, September 13, 2012, 7:00 p.m. to 9:00 p.m. Simcoe Recreation Centre, Norfolk Room 182 South Drive, Simcoe 'II 1 'Ill \~ ~i Hon. John Lessif Mayor of the Town of Tillson burg Dear Sir: ?n.i1iloJuj dW1DAtJ cum ].ill.ADn.6.uMJ (JnloJti.o (}an.ada military historyclub.ca On behalf of the Tillson burg Military History Club, I wish to express our appreciation to you and the members of Council for including us in the reception for the Canadian Snowbirds held Tuesday evening. It was a unique experience to meet these fine representatives of the Canadian Armed Forces. Thank You .'"' 'I .· ·'l ·. -<' \J . ,. I, ' . \ ',; ' / I 'vcJ\/"'" \ _; 0.. ·\.'I -• '\ ~ ( . ,f--c,vv ~-') CA012-18Town Owned Lands DATE: September 10, 2012 TO: Council FROM: Kelley Coulter SUBJECT: TOWN OWNED LANDS RECOMMENDATIONS Resolve that Council receives CA012-18 for information purposes. On August 13, 2012 Council instructed staff to return with a report on the future sale of parklands. Additionally, the following resolution was passed during open council: Moved by Councillor Getty Seconded by Councillor Klein "Resolve that staff review the list of Town owned land listed in CA012-l4 and reassess the marketable viability of each parcel. " Staff will first address the question of future sale of park lands. Recall that Section 42(1) of the Planning Act empowers municipalities to require that 2% of land proposed for development or redevelopment for commercial or industrial uses and 5% of all other lands be conveyed to the municipality for park or other recreational purposes. Municipalities may request the payment of cash in lieu of land, as an alternative that may be used for buildings and machinery for park or public recreational purposes. Parkland dedication is used by municipalities to secure land for future public parks and open space. Over the years, the methodology for parkland dedication has evolved and adapted to changes in the public attitudes toward green space. Municipalities have different policies depending on the local culture toward parkland and parkland development. It is important to stress that these needs are not static: they evolve over time with the communities, and vary from community to community. The majority of communities require 1 hectare (2.2 acres) for 300 units to be developed. Section 42(1) of the Planning Act reads as follows: "As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2% and in all other cases 5% of the land be conveyed to the municipality for park or other public recreational purposes." The Master Parks and Recreation Strategy states, that the existing inventory of traditional parkland is sufficient to accommodate 20 years of population growth. The consultants projected that the parkland inventory would be 4.2 hectares per 1,000 residents in 2021 and 3.7 hectares per 1,000 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca could be developed. Municipal water and sanitary services are available at the road. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. MarketabiliJy_ No action -not financially viable ProJJertlt 3 Location: Access at Edwin Crescent & Hawkins Crescent Le_g_al Description: Lot 51, Plan M-86 PIN: 00034 0214 Zoning: OS1 Passive Use Open Sgace OP Designation: Open Space Physical Description: Lot access on Edwin Crescent is very narrow and a hydro pole is located in the middle of the entrance. Access from Hawkins Crescent is satisfactory and a viable building lot could be created. Municipal water and sanitary services are available at the road. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Marketability No action -not financially viable. Prooertv4 Location: Wilkins Crescent Legal Description: Block 22, Plan M-169, subject to a Town easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0679 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Lot has adequate frontage and municipal water and sanitary services are available at the road. This piece could possibly be divided into two buildable lots. Canada Post mail box is located in the centre of the access which would likely need to be moved to a more suitable location. The lots would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Marketability No action -not financially viable Prooertv 5 Location: Wilkins Crescent Legal Description: Block 23, Plan M-169 PIN: 00030 0680 Zoninq: OS1 Passive Use 0_12en SQace OP Designation: Residential Physical Description: Frontage is very narrow. A survey would be required to determine if the lot is a viable building lot within the R2-2 zone. There is municipal water and sanitary services available. Canada Post mail boxes are located on this piece. Marketability No action -not financially_ viable Prooertv 6 Location: Dereham Drive Legal Description: Lot 25, Plan M-87, subject to a Town Easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0332 Zoning: OS1 Passive Use Open Space 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca Legal Description: Lot 64, Plan M-182 PIN: 00025 0575 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Trail runs between north and south lot separated by a chain link fence. This lot would not be consistent with street frontage, lot area and setbacks of existing development. Marketability: No action -land restrictions Prooertv 10 -South Location: Quarter Town Line Road -South Piece Legal Description: Lot 54 Plan M-182 PIN: 00025 0565 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Trail runs between north and south lot separated by a chain link fence. I do not believe municipal water and sanitary sewer run along that portion of Quarter Town Line Road. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area, however it would be the only property fronting onto Quarter Town Line Road in the area. Marketability: No action -land restrictions. Prooertv 11 Location: Baldwin Street Legal Description: Lot 25, Plan M-87, subject to a Town Easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0332 Zoning: OS2 Active Use Ooen Soace OP Designation: Residential Physical Description: Space could be divided into a number of lots or used for a condominium. Municipal Water and Sanitary Services are within the area however would have to be brought in to this piece. Developer subdivided and transferred this piece to the Town as park land in 2006m in conformance with the Planning Act. Marketability: No action -land restrictions Prooertv 12 Location: .Jean Ferrie Court/End of Weston Drive Legal Description: Part Lot 8 & 9, Concession 12, Dereham, designated as Part 6 on Reference Plan 41R-7672 PIN: 00025 0700 Zoning: FD Future Develooment OP Designation: Residential Physical Description: Piece to the south was formerly Trillium Railway. Land slopes slightly to the south. No municipal Water or sanitary at the site but nearby it is available. Marketability No action -land restrictions Prooertv 13 Location: Highway#3 Legal Description: Part of Lot 4 Concession 5, NTR Middleton PIN: 00038 0700 Zoning: MG General Industrial 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca Zoning: OS1 Passive Use Open Space OS2 Active Use Open Space OP Desic;nation: Residential Physical Description: Sandy Court -draft plan of subdivision 32T96001 Lot 7 was transferred as the storm water management pond and Lot 4 was transferred to the Town as Parkland. This development has not progressed past the draft plan approval and there is currently no access to thisparcel. Marketability: No action -land restrictions. Prooertv 18 Location: Bobolink Drive Legal Description: Block A, Plan M-16 & Block 22 Plan M-148 PIN: 00021 0160 & 00021 0346 Zoning: OS2 Active Use Open Space OP Desiqnation: Open Space Physical Description: This subdivision was developed in 1971 by the Township or Dereham. Their by-law authorizing the development does not identify any parkland or swim ponds. The space is identified as a park area and the grass is cut and maintained by the Town. This land is landscaped with some trees. Municipal Water and Sanitary Services are available at the road. Space could be divided into a number of buildable lots which would be determined by a survey. Marketability: No action -land restrictions Prooertv 19 Location: Allen Street Legal Description: Block A, Plan M-51 PIN: 00026 0910 Zoning: OS2 Active Use Open Space OP Designation: Open Space Physical Description: Currently used as park land, playground equipment exists on the far end if the property. Municipal Water and Sanitary Services are available at the road. The entrance could be divided into two buildable lots which would leave adequate space for an entrance to the park. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Marketability: No action -Council decision August 13, 2012 Prooertv 20 Location: William Street Legal Description: Block 120 Plan M-143 PIN: 00025 0311 Zoning: OS2 Active Use Open Space OP Designation: Open Space Physical Description: This land is partially landscaped however most of this green space is treed and ravine. Municipal Water and Sanitary Services are available at the road. One buildable lot which would be determined by a survey. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Marketability No action -land restrictions. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca FIN 2012-037 Insurance Pool DATE: September 10, 2012 TO: Kelley Coulter FROM: Darrell Eddington, Director of Finance SUBJECT: FIN 2012 -INSURANCE POOL RECOMMENDATION "RESOLVE THAT Council receive report FIN 2012-037 Insurance Pool; FURTHER RESOLVE THAT Council supports obtaining the next level of actuarial analysis and fee quote from the Frank Cowan Company; AND FURTHER RESOLVE THAT the Clerk provide this resolution to the County of Oxford Clerk." PURPOSE I To provide Council with information pertaining to a potential County of Oxford Insurance Pool and seek direction on the next step. HISTORY & DISCUSSION Council will recall that at the Council meeting of June 25, 2012, Council received reports from KPMG on the Insurance Review Feasibility Study. KPMG then presented the attached document on the feasibility study to County Council on July 11, 2012. The study provided a number of considerations and decision points as to whether an insurance pool was a viable option for the County of Oxford and the Oxford County municipalities. To further assess the economic viability, an insurance quote was required from the Frank Cowan Company. On August 8, 2012, the Frank Cowan Company presented the attached document on the opportunity for a County of Oxford insurance pool. The Frank Cowan Company is requesting that to provide the next level of actuarial analysis and fee quote to assess the feasibility of an insurance pool, County of Oxford and Oxford County municipal direction is required by all Oxford County municipalities to move forward. The Frank Cowan Company is of the opinion that should one Oxford County municipality not be interested in this next step, then pursuing an insurance pool would not make economic sense. While there is no municipal commitment being requested at this time to join an insurance pool, direction is requested from Council as to whether the Town is interested in obtaining the next level of analysis and fee quote from the Frank Cowan Company. On September 6, 2012, Woodstock staff provided a report to Woodstock Council recommending that the City of Woodstock not participate in an insurance pool program. Four-Part Actuarial Report: -Executive Summary consolidates key issues and considerations from Parts 1 through 3. -Part 1 addresses alternative risk financing options including an extensive discussion of self-insurance. -Part 2 presents a summary of the County's current P&C insurance programs and an in depth description of OMEX. -Part 3 presents results of the actuarial feasibility analysis for a self-insurance pooling program. C 2011 KPMG LLP. a Canadian limited liability partnership and a member firm of the KPMG network Of Independent member firms affiliated with KPMG International Cooperative c-KPMG lntemational1. a SwisS entity. All rigi"IIS reserved. I I I 3 I -Identification of organization, scope of actuarial analysis Use and distributions -Identification of KPMG lead actuary Preparation of the actuarial report Organization of the report Confidentiality of the report Cl2011 KPMG LLP, a Canadian limited liability partnership ami a memberfirm of the KPMG network of independent membetfinTIS affiliated with KPMG International Cooperative ("KPMG lntemationalj, a Swiss entity. All rights reserved. 5 ~" Current P&C Insurance Programs -Frank Cowan Program and Coverages Frank Cowan-Part A Frank Cowan -Part B Frank Cowan -Part C Casualty Insurance Property Insurance Automobile Insurance Municipal liability Property Insurance Automobile fleet _(including data processing) Errors and omissions Business interruption Automobile fleet (transit) (E&O) (claims-made form) Non-owned automobile Data processing (as a General liability separate coverage from (community affiliate property insurance) group(s)) Environmental liability Commercial building, (claims-made form) (Ell) equipment and stock - named perils form Comr:>rehensive crime Equipment breakdown Councillors' accident Moveable property of others Firefighters' accident Demolition and debris removal -named perils Municipal conflict of Fine arts interest Legal expense Exhibition Personal property Source: "Oxford County & Area -Schedule of Policy Limits and Deductibles." Cl2011 KPMG LLP, a canadian II meted liability partnership and a member firm of the KPMG netwom of independent membetflrms affiliated with KPMG lntemauonal Cooperative ("KPMG International"). a Swiss enUty. All rights reseNed. 7 ~· Current P&C Insurance Programs -Airports' Liability -Town of Tillson burg carries a Canadian airports' liability insurance policy -Arranged through Aon Reed Stenhouse, Inc. - 3 insurers: -Lloyd's Underwriters under agreement no. AD1100101 -Underwriters at Lloyd's per Catlin Canada Inc. -Allianz Global Risks US Company Limited Cl2011 KPMG LLP, a canadian llmtted liability par1nershlp and a member finn of the I<F"MG network of Independent memberfinns affiliated With KPMG Jntematlonal Cooperative ("KPMG lntematlonalj, a SWiss entity. All rights reserved. 9 ~-- Self-Funding Considerations -Risk Appetite -The County's risk appetite is a critical aspect of its decision-making process. -Risk appetite is a widely used term, yet many organizations grapple with the concept. -When properly understood and clearly defined, risk appetite is a powerful tool for managing risk and enhancing overall organizational performance. How much risk is the County willing to take in order to attain appropriate or sought-after returns? -In Part 1, we identify eight characteristics of a well-defined risk appetite. -Once risk appetite is defined, the challenge is to implement a robust governance and reporting framework to ensure that day-to-day decisions are in line with the risk appetite. c 2011 KPMG LLP, a canadian limited liability partnership and a member firm or tne KPMG networl< or Independent memberftnns affillaledwllh KPMG lntemallonaiCooperalive rKPMG lntematlonal1,a Swiss enllly. All rights reserved. 11 Self-Funding Considerations-Three Characteristics Conducive to Self-Insurance The County should determine whether or not these characteristics are applicable to their situation: -Reliability of the estimate of expected claims -There is great uncertainty in the estimates of expected claims due to a limited volume of historical claims experience. -Effect of retained investment income -This is not as significant in current economic environment as it has been in the past. -Cost and availability of acceptable commercial insurance coverage: -The County will need to determine whether its current coverage is reasonable with respect to both cost and breadth of coverage. -The County will need to consider the potential costs and availability of excess insurance. C 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of Independent member firms affltlatedwllh KPMG lntemaUonaiCOoperatlve rKPMG lntemallonan. a SWlSS entity. All rights reserved. 13 Self-Funding Considerations- Disadvantages of Self-Insurance -Increased administrative responsibilities -Variability in claims -Pricing of other lines of insurance -Capitalization requirements -Excess coverage -Competitiveness of commercial market C> 2011 KPMG LLP. a Canadian limited liability partnership and a member firm of the KPMG network or independent memberflrms affiliated with KPMG International Cooperative \KPMG International"), a Swiss entity. All rights reserved. --- 15 Self-Funding Considerations -Decisions Required by the County Before selecting the alternative risk financing mechanism, the County must first make decisions regarding the following: -What is the County's risk appetite? -Are the traditional drivers for self-insurance applicable to the County's situation? Does the current situation at the County generate factors conducive to self-insurance? For example, can a reliable estimate of expected claims be developed for the lines of business for which the County wants to self-insure? What is the current environment in terms of cost and availability of coverage, on a primary and excess basis? _ Are all participants willing to commit on a long-term basis to a self- insurance program? Cl2011 KPMG LLP, a canadian limited liability partnership and a member finn of the KPMG network of independent member'flnns aflillatedwith KPMG International Cooperative ("KPMG lntemationan. a SWiss entity. All rights reserved. 17 Self-Funding Considerations -Outstanding Issues if the County Moves Forward with a Self-Insurance Program (cont'd) Does increasing the number of lines of business (i.e., automobile, GL, and property coverages) in the pool help spread the financial risk in any one policy year? Is the pool more attractive to a commercial insurance partner with only GL or more lines of business? What are other options and what are the associated costs? The value of the feasibility analysis contained in Part 3 of this Actuarial Report is limited if the projected costs contained herein are not compared to other viable options of similar lines of business and limits (both member deductibles and policy limits). When comparing other options, it is also important to consider non-financial issues, such as risk management services and public entity expertise which would be available to the County trough a commercial insurance program. If the County selects a self-insurance mechanism, there are additional costs that need to be considered. (See Part 1 of the Actuarial Report.) C 2011 KPMG LLP, a Canadian limited llsbtlity partnership and a member firm of the KPMG network of independent membernnns affiliated with KPMG International Cooperative (1(PMG lnlemational"). a Swiss enlily, All rights reseNed. 19 ) ) -':...; ''jf -...-' ...... r) ---'f, "-· -...._; County of Oxford Pool We have been asked to offer our commentary on the County forming an Insurance Pool. As the Insurers for the majority of the Municipalities in the County and a resident of the County, The Frank Cowan Company has a keen interest in making certain the Counties insurance program is successful and as cost affective and sustainable possible. We have not performed an in depth analysis of the KPMG report but we can offer an overview of the information along with a few suggestions. It is worthwhile to review the Pros and Cons of Pooling. J '---' ~ CONS of Pooling • Complexity -Understanding Actuarial Reports • Staff Requirements -Risk Manager, Administration • Political -Must have total commitment by all Municipalities J • Unreal Expectations -won't save money for first five years • Financial Commitment • Loss of Broker • Claims management under Municipal Deductible \.......-v J The NUMBERS All Municipalities in the County together pay approximately $3,307,500 ($3,150,000 in 2011) for insurance with their present deductible program. The Policies included with the $100,000 deductible include Liability, E&O, NOA, Environmental Liability, Auto including Transit, Property and Boiler. The rest of the insurance program such as Aviation, Legal Expense and Conflict of Interest, CounciHors Accident, Fire Fighters Accident and Crime Insurance would be purchased by the Pool but not included in the $100,000 deductible. Creating the Pool What do we know~ Cost of Claims under Deductible $400,000 Cost of Administration $200,000 The KPMG report is very detailed and well done. Our Actuaries preliminary assessment believe the Cost of Cia ims below the Pool deductible is lower than that est:imated in the report. However the opposite is true for Cia ims above the Pool Deductible. '"--" v Claims Management • Claim gets reported to Claims Administrator at County. • If Claim under Municipal deductible it is processed against Municipality. • Claim over Municipal deductible it is processed against Pool fund after deductible recovered. • Claims Management Protocol would be in place in order to report certain claims to insurer. • Small claims would be given directly to Adjuster and billed back accordingly. J ''----' "'-"' J How Can Frank Cowan Company Help? Risk Management Expertise -We would be committed to a number of Risk Management Seminars in an attempt to have uniform policies and procedures throughout the Pool. Claims Management Expertise -In the first years of the Pool Cowan would be willing to manage the Claims at no cost to the Pool until such time that the Pool has the expertise to take over. * '--~ \._/ \...J Conclusion If there is interest in pursuing the pool concept, we will obtain a more detailed actuarial analysis and be pr·epared to formulate a plan of action for the creation of a pool. Development and Communication Services 2012 DCS 12-37 Proposed Bingo Hall DATE: September 10, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development & Communication Services SUBJECT: PROPOSED BINGO HALL RECOMMENDATION RESOLVE THAT Council receive Report DCS 12-37 Proposed Bing Hall; FURTHER RESOLVE THAT Council approve the application for a Class A Bingo Hall to be located at 230 Lisgar Avenue. AND FURTHER RESOLVE THAT the Alcohol and Gaming Commission of Ontario be notified of Council's decision. PURPOSE To provide information for Council's review for the proposal for a new Class 'A' Bingo Hall in the Town of Tillsonburg in accordance with the provisions set out by the Alcohol and Gaming Commission of Ontario in order to make a recommendation to either approve or not approve the proposal to the Registrar of Alcohol and Gaming. HISTORY & DISCUSSION The Town of Tillsonburg, in conjunction with the Alcohol and Gaming Commission of Ontario (AGCO) in March 2012 received a Proposal to open and operate a Class 'A' Bingo Hall at Lisgar Heights Plaza, 230 Lisgar Avenue, Tillson burg, Ontario. See APPENDIX A to view proposal New Class 'A' Bingo Hall Proposal Mr. Robert Dowd, Chatham, Ontario, as a registered gaming supplier and owner and operator of two bingo facilities in Ontario, has submitted the proposal to be located at 230 Lisgar Avenue in the Lisgar Heights Plaza. The proposed operation will be open 7 days a week with one session each evening at 7:00 PM. The number of sessions will be increased if the demand warrants. The approximate prize money would be $3,000 to $4,000 per session of which about $2,500 will be a fixed amount with the remaining variable depending on the progressive style game being offered. The proposed new bingo facility will offer seating for approximately 240 patrons, but estimated attendance is around 100 patrons per session. liPanc b Development and Communication Services 2012 See APPENDIX B for letters submitted Residents Remarks: Resident remarked that the Bingo hall would be good for the area and would provide employment opportunities and improve the plaza with the addition of this business. This person stated that Tillsonburg should encourage local businesses to locate in Tillsonburg. Another. resident was concerned that it would be detrimental to the community to have a dedicated bingo hall in this area. He states that many of the higher density apartments in the area house low income wage earners, single mothers and widows and the proximity of this bingo hall could encourage addiction to bingo. He also notes that our food bank and soup kitchens are running at full capacity and social agencies are stretched to their limits. He believes that the negative impacts outweigh any positive benefits to the community. The Bingo Country operators oppose this proposal as they are concerned that this opening will further dilute the already poor attendance of the Stratford, London and St. Thomas Region Bingo Halls. The Lion's letter indicates that in their opinion this Bingo Hall would drain the community, would create social problems and would not be in the best interest of the community. They state that the Town would lose charitable dollars and that the business model in the proposal is unworkable. Currently the participants at the Lions Bingo spend an average of $35.00 per night and the proposal suggests that participants would spend an average of $60.00 to $70.00 per event. They also note that in order to support the applicant's numbers they would need 1 00 players attending seven days a week. The Lion's state that they earn and contribute a great deal more than this proposal suggests to the community on a yearly basis. The Lion's letter also referred to the lack of parking in the area to support such an event. The applicant did provide two parking plans to address future parking needs. The parking issue is a planning matter and would be addressed at the next stage when reviewing the site plan documents. Chief Building Official: The building department have not received any applications relating to a Bingo Hall at this location. To confirm the parking provisions for this site we will require the applicant to identify all of the current uses in the building including the areas of each space/use. Section 5.20.2.1 and Table 5.20.2.1 in the Zoning By-Law outline the parking standards. County of Oxford Community and Strategic Planning Office has no comment on the Bingo Hall application. County of Oxford Social Services Office offered no comments but rather statistical data for review. Oxford County Social Services Office provided statistical data regarding the Lisgar Avenue Area that was drawn from Statistics Canada, 2006 Census. An estimated 2340 people live in the Lisgar Ave area, comprising 15% of Tillsonburg's population. The Lisgar Ave Area used to collect census data is bordered by North St.,Tillson Ave, Broadway and Concession Street. Oxford social services noted that when interpreting Social Risk Impact (SRI) factors, knowing the community as a whole is important. It should be noted that the Tillson Avenue Area has a higher percentage of seniors apartment buildings which can impact three of the 9 factors used to calculate the SRI (mobility in the past year, home ownership and government 31Pagc Development and Communication Services 2012 declining attendance and revenues to charities. By synchronizing efforts in delivering enhanced customer service, a place where players want to spend time with a variety of new products and technology, the entertainment experience will change. The customer, whether playing games, purchasing products or eating, will spend money and both charities and halls will benefit from the overall revenue. Electronic bingo has also been introduced to revitalize the bingo industry. The primary market area as delineated by a 10 km radius from the proposed new location is well beyond the primary market areas for the closest existing bingo halls, which are in London and St. Thomas. The study indicated that there would be no affect on these businesses. The proposed new facility may have a potential impact on the existing Tillsonburg Lions Club bingo which is held .5 km from the proposed site. This bingo facility is however a Class C hall operating only one session once a week and these proceeds are not shared by other Tillsonburg based charity organizations. The Class 'A' Bingo event would give many Tillsonburg based charities, including the Tillsonburg Lions Club, if they decide to participate, access to fund raising revenues. Fourteen local charities and service groups have expressed support and an interest in participating in a commercial bingo hall. The list can be found under No. 5 of the application proposal. See APPENDIX E to view Market Study Summary: In reviewing the proposal, the AGCO states that the Municipal Council may: a. Approve the proposal. b. Not approve the proposal. c. Hold a public meeting to obtain further information upon which to base their decision. d. Require additional information. In light of the foregoing, it is the opinion of staff that the applicant's proposal be approved. The proposed use complies with the Towns current zoning by-law and the County of Oxford Official Plan. The proposed bingo hall will have to comply with all Building code requirements The proposed use should not cause an adverse impact on adjacent property owners and can be considered desirable development of the subject property. CONSULTATION/COMMUNICATION As indicated above. FINANCIAL IMPACT/FUNDING SOURCE Proposal indicates an estimated $35,000 income for the Town PREPARED BY: Donna Wilson, Clerk APPROVED BY: David Samis, Director of Development & Communication Services DATE AUTHORED: August 27, 2012 5I Page 'n I . Proposal to Open A Class.' A' Bingo hall At Lis gar Heights Plaza · 230 Lis gar Avenue Tillsonburg, Ontario 1. Proposal Summary We are proposing to open a Class 'A' Bingo Hall at the Lisgar Heights Plaza, 230 Lisgar Avenue. Tillsonburg, Ontario. We believe that this location would be ideal for this type of use because of its proximity to the large residential area nearby. This use would be a great anchor business for that particular plaza and would be beneficial in the revitalization the plaza. · 2. Background of Applicant Introduction I currently own and operate 2 bingo facilities in Ontario, Canada. I have owned and operated several bingo facilities over the past 25 years. I have ''hands on" operational experience in all aspects of these facilities. I have a well rounded knowledge of the industry as I have experience in several jurisdictions through out North America. I have many years of experience in the process of innovation and supplying specialty equipment to the bingo industry. To that end I have also invented equipment that we currently manufacture and supply to other operations. As well we have affiliations with other manufacturers and suppliers and are a representative for some. I have been involved with many industry organizations, a board member, and a member of several government liaison committees. Buildings Over the years I have participated in opening new facilities, both in renovating existing buildings and the building of new facilities. I have a firm understanding of the undertakings needed to open a new facility. Human Resources I have directly participated in all aspects of staffing, including hiring, firing and performance reviewing. Other tasks included overseeing health and safety processes and all other government regulatory processes. Management There are many things to consider when operating a bingo facility, such as the best times to operate and what types of programs to run. Every marketplace is unique so one has to consider all the marketplace conditions. Keeping overhead expenses down and keeping a fun and entertaining atmosphere in the facility. I am very successful at adapting to facilitate different market conditions. organizations are making their own money from fundraising they would be less likely to ask the mtmicipality for funds. The estimated annual amount in license fees to the municipality would be approximately $35,000.00. Employment A commercial bingo hall would employ approximately 25 to 35 full and part time staff. 4. Operational Details Hours of Operation Initially the operation will be 7 days a week in the evening with a session at 7pm. Once we are established then we would expand to two or three sessions daily if the market demand is there. Prizes We are anticipating an average prize offering of approximately $3,000.00 to $4,000.00 per session. This may vary as we will be offing progressive style g~es. Approximately $2,500.00 of each prize offering will be fixed amounts and the remainder will be variable. Pricing The base pricing· will be $4.00 per strip for the regular program. All the specials will be $1.00 or $2.00 per strip. Seating Capacity We will have seating for approximately 300 patrons. Attendance Based on attendances at other facilities, we are estimating an average attendance conservatively between 7 5 and 100 patrons per session. Spend per Person Based on spends achieved in other facilities, the average spend will be between $60.00 and $70.00 per person per session. Charity Profit The approximate charity profit will be from $400.00 to over $1,000.00 per session. This is a wide range because even ten patrons one way or the other has a large impact on the bottom line profit. Customer Base Based on our industry knowledge and that the Town ofTillsonburg is at least 30km from any large urban areas, we believe that 80% of the patrons will come from the local community.· The other 20% will come from nearby outlying rural area MerrymoWlt Children's Centre Contact-Audrey Burnett (519) 533-1379 Kinsmen Club ofTillsonburg Contact-Dale Cheney (519) 913-5310 ' ' -~ 4 r I J. I I I ~ ~ I I • ' l ! f .. 1!1 ! ~ ) ~ )>~ i l ~ - ! i ~ ~ • :!! 1'1 ! ~J ~ § 4) F" l~lft " nm10 ~~~· .tn .A II \1;; ·g ~/ ';~; !" I / I '~ -< ·- $ ..... II;': ... ~rl' 8 1~-' 0 + -0 .) April 26, 2012 Municipality of the Town ofTillsonburg 200 Broadway Street, Suite 204 Tillsonburg, Ontario N4G 5A7 RE: NEW BINGO HALL-LISGAR HEIGHTS PLAZA, UNIT #1 I live close to the Lisgar Heights Plaza and feel that it is a positive decision to have a business move into that plaza. This will be good for this area ofTillsonburg as it will provide employment opportunities and improve the "housekeeping" of the plaza. It is imperative for the growth our town that municipalities encourage local businesses to locate to Tillsonburg. I am looking l(nward to seeing what I believe will be positive changes at the Lisgar Plaza. Sincerely, ·.-\----( • '• t,.-_' 'J !:.J.v~"' Kimberly Smith 30 Centennial A venue Tillsonburg. Ontario N4G4R6 Mr. John Lessif Mayor of Tillson burg 200 Broadway St., Suite 204 Tillsonburg, Ontario N4G SA7 May 281h 2012 Dear John, Re: Notice of a Proposal to Open a New Class 'A' Bingo Hall in Tillsonburg I have coordinated a letter on behalf of our charity associations in Stratford, London and St. Thomas in regards to the pending application to open a new class "A' bingo hall in Tillson burg. All three associations are very concerned that a new opening will impact the region and further dilute attendance and charity profits. We are currently in the process of reducing sessions in Stratford. The Stratford location operates a 7:00 pm session daily, effective July 1, 2012 we are hoping to have this reduced to a 7:00pm session Thursday through Sunday. Our goal with this location is to put the hall into survival mode until such time that theE-gaming initiative can be introduced to the Stratford location. Stratford has a population of 32,000 people and is struggling; Tillsonburg has a population of 15,000 with a smaller market area than that of Stratford. It is for this reason that our three charity associations are requesting a comprehensive market study as there is a question of viability of the Tillsonburg market before considering the market area impact. Sincerely, C" ... Lr(_ . I l "---- / Tony~ria Bingo Country Mr. Jean Major Chief Executive Officer Alcohol & Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 Toronto, Ontario M2NOA4 -And- Mr. John Lessif Mayor of Tillsonburg 200 Broadway St., Suite204 Tillsonburg, Ontario N4G SA7 May 28'h 2012 Dear Jean, RE: Notice of a Proposal to Open a New Class 'A' Bingo Hall in Tillson burg We are writing to you on behalf of our charity associations in Stratford, London and St. Thomas in regards to the pending application to open a new class 'A' bingo hall in Tillsonburg. Our industry has been troubled by the continuing decline in attendance in a number of bingo centres across the province and our three locations are no different. With a decline in attendance comes a decline in charitable revenues. We are concerned that this opening will further dilute the already poor attendance of the Stratford, London and St. Thomas Region. It is at this time that we are requesting a comprehensive market study to ensure the viability of the proposed opening. Sinc:;ffely, L ( • ;·::_.~· :. "'·-·'· .• I. . \..__ .---. CathyWal h President, 'st. Thomas Bingo Country Association TO: MAYOR AND COUNCIL FROM: TILLSON BURG LIONS CLUB RE: PROPOSAL BY 1838075 ONTARIO INC. PROPOSAL TO ESTABLISH CLASS "A" BINGO HALL AT LISGAR HEIGHTS PLAZA DATE: MAY 30, 2012 The Lions Club of Tillsonburg hereby responds to the proposal by 1838075 Ontario Inc. (the "Applicant"). The one key question that colours this entire debate regarding the Applicant's proposal is whether the Application is in the public interest? The motivation of the Tillson burg Lions in operating the weekly Lions Bingo is to benefit the Tillsonburg Community and support Lions' projects throughout the entire world. The motivation of the Applicant is not to benefit the community rather it is to drain the community. The Tillsonburg Lions could easily join with the Applicant and work a lot less man hours and, according to the Applicant's proposal, may generate similar charitable return. The reality is far more complex. It is the position of the Tillsonburg Lions that the Applicant's proposal is as risky as investing in Greek bonds. Put simply, for the Town of Tillsonburg the proposal is a lose-lose-lose situation. The Town will lose charitable dollars, then lose again with the social problems created by professional gambling and finally lose when the Applicant closes as the business model is unworkable. The Tillsonburg Lio'ls Bingo is an affordable night out once per week. The average per spend of a player at the Tillson burg Lions bingo is $35.00. The average spend per player of the Applicant, from its own proposal, is $60.00 to $70.00. The Tillson burg Lions operate a bingo once per week on Monday nights for three hours. The Applicant intends to operate seven days a week with initially once per day but expanding to twice or even three times per day at two hours per session. At its operation in Chatham the Applicant operates twice per day every day. There is simply a large disconnect between one night per week for three hours spending what a person would for a meal at a nicer restaurant versus spending a day's wage every single day for two hours. Please note that the prize boards between the Applicant's bingo and the Lion,; Bingo are almost identical thus the Applicant needs people to spend at the very least $60.00 per session. Bingo players have consistently said that that they want an affordable night out thus the Applicant does not provide a service to the bingo community. The great benefit to the community from the Applicant's proposal is not supported by an analysis of its numbers. The Applicant touts in its proposal of all the monies poured into the Tillsonburg charitable community however the reality is that the Applicant would need 100 players per night to attend every single session, seven days per week and spending on average $84.55. In gross numbers for the Applicant to earn the money it claims to generate for the charitable dollars the Applicant would have to earn on average $Z,OOO,OOO per year but at the worst case scenario would earn $3,000,000.00 per year. Leaving aside the implausibility of such numbers the message is clear: the citizens of Tillsonburg need to Pg. 1 The Applicant's proposal is not confined to the Tillsonburg Lions but also the Tillsonburg Lioness. The Tillsonburg Lioness also benefit from funds for assisting with the Tillsonburg Lions Bingo. The Tillsonburg Lioness donates thousands of dollars to Tillson burg projects which also would be lost. A little further afield is the Straffordville Lions. They operate a bingo every Tuesday night and the Applicant's proposal would also affect their charitable dollars. The Applicant claims that its proposal will provide a "benefit" for the Town by creating jobs. This "benefit" is an ill us on. First, for the Applicant to operate the bingo he requires a non-profit group to apply for the license. Each group must then apply to Town for such license. Currently the Tillsonburg Lions applies for one license. If the fourteen groups that have expressed interest then partner with the Applicant therefore fourteen licenses will be required which will also mean fourteen examinations to ensure the monies are being properly applied to ensure compliance with the provincial statute. Town staff will have to be increased. If it was a matter of issuing licenses then this would be a routine task but ensuring accountability would be time consuming. Second, the partnering groups then are mandated by their license to work at the bingo. This will mean that instead of hiring more people less are required. Accounting and similar specialized services can be accomplished at its regional headquarters not in Tillson burg. All the Applicant really needs is one person to call the bingo, one person behind the scenes to act as the treasurer and one person to oversee the partnering groups. The partnering charity counts the bingo sheets, sells the bingo sheets, cleans the tables and sells on the sheets on the floor. The Applicant's proposal states that its employees will sell on the floor but the Applicant, or its associate, operated the Woodstock bingo and it required the charitable group to sell on the floor. The jobs for the Applicant will be part-time and most likely minimum wage. As this is just a proposal for a license there is no requirement for the Applicant to create the jobs it promises. Any job is better than no job but the Applicant's proposal states there will be twenty five to thirty five jobs created and the proposal does not support such asser:ion unless he is operating three bingos per day. The job situation may be tolerable if these jobs were permanent but consider that the Applicant, or a company associated with the Applicant, closed its operation in Woodstock along with other locations as soon as any economic challenges were faced. The Applicant can only ensure its profitability by three variables: squeeze more from each bingo player, reduce its prize board and/or spend as little as possible on employees. If the Town believes the license fee is a "benefit" from the bingo then please consider the increased staff for the Town with respect to license fees. Second, not all the monies for the license fee are actually paid to the Town as a percentage is paid to the province. Third, the Tillson burg Lions pays rent for the use of the Lions Auditorium and Lions Den in the amount of $10,000 per year which would be lost to the Town. The Town would also lose the license fees which the Tillsonburg Lions currently pays to the Town. If the Tillsonburg Lions were unable to earn the bingo funds that our bingo generates as a result of the Applicant we would not wring our hands and lament the past. We would pull ourselves up and raise money to assist thE! community as we are committed to Tillsonburg. The reality is that the amount we could raise will not be comparable as what the Tillsonburg Lions earn from our bingo. This is not defeatism rather reality. There is so many charity dollars that can be raised. If the Applicant operates Pg.3 THE UNDERSIGED ARE NOT IN SUPPORT OF AN APPLICATION I PROPOSAL TO ESTABLISH A CLASS "A" BINGO HALLATTHE LISGAR HEIGHTS PLAZA, TILLSONBURG WE CONSIDER THAT THIS HALL IS NOT IN THE BEST INTERESTS FOR CURRENT BINGO PLAYERS OR THE RESIDENTS OF TILLSONBURG SIGNED NAME ADDRESS v·, ---~· _·;r-{ !i ,.L L -; 0 vu (-J 0 r? Ci _.:,:-··_;··~(.·.~, ... /··<. :1 '> 0>11!=7,7 .S /?-t ~~~ 1-/ mllllL·;~ A:Jt'· f/A Ill' ref HAtt.r 1~-t'f(., ./1/iJJ.t,_ /1;) .. ·--·~"'' .· _),. ,_ .... ! ,·J J ;Z.fl i //. (;(., 'i ;S'it; /Y(I-/!._L /',-, ' . if:t,;_j fJ ~1/1~ ~ .rt; .. ~._ {'i:_-t/{~C, c' ;t} // &t-~:1-?/. "{;:~'C·cl--ie~~ ,. .(/ / )11/J -? J~ 1-J.Q.t" ,r n .-.~ .. .1 w~J I 1 (. <.. i(.r 1 -e ~ ..u -...t{l,ea_ ·-c;_ ·J~ c ,_ {F .:) !. 'lll"./Jjt"A,_ ?t?:.tvrc:~ 7 () (,)--t.LC¥.41 7 lt0 <fl.-?! tkt-tkt' "( •hl.-,\.,_. (f}1 ·A in J) Jflui{,f:;} ~~ i 7-7-u .) -J..{ ~,._.(,-__!{_ '• f:l/ • ,-:, ), 7 ; "J --~1\ -· ~~-· J... 'I .; ·, .?! 11 '"'F. .. •-1 \) P. clt..: -r-R.l! ir.· . t;;J. ' •/' .(,..:~~ _}I j • .·. ' ' ·1 ·/t. I· .. .k.:' :; (. iJ-'l/, J'J· ~ol3 • II. t;..:.. ,-}.p_ /"-0--vl- \.d) /tf .. 'f\1. 0. A:'i .{. t. llll'.l'~ \ \" ·,~.t_, .. ' \, /l'Y\ -·.:r:-f -~ i\.. --~~_,;\\!'-, ...-~. V"':l-\ t~C'6714 R.. 0 ·-,.._ ., l~c.•c0 I: tLmt:Yu~.ufui~'\.1~ I 'lA ,;~-t·!Vl ~ ....1.'\crt<rv' 4~ (YTI)\[)11 R.d 17ll<fJ.1bw'n l-l.J(.)yyi \ d <ii-J\ -· --uJI-----L ,,..---..____-..._ 'i(~~ ~-~ e~ ~YV\fJ1 fp s· t'J-...... :..~«-;;l:lr"'f --~ '_./ ,..) JG~..,I j' /M /Ai-:;; THE UNDERSIGED ARE NOT IN SUPPORT OF AN APPLICATION I PROPOSAL TO ESTABLISH A CLASS "A" BINGO HALLATTHE LISGAR HEIGHTS PLAZA, TILLSONBURG WE CONSIDER THAT THIS HALL IS NOT IN THE BEST INTERESTS FOR CURRENT BINGO PLAYERS OR THE RESIDENTS OF TILLSON BURG SIGNED NAME ADDRESS J{dj 4£-)i/ ltv.£rev Col£~ hrowJJ.su; I k . a ~~"-b~ · '"<t ~u· _L ,.-.:s; . .S"-.... c v:;:(f c-u. '-1L"' ' .. "t j " lr. 1 _ ·~~t r,..._f : · ~~~Vi!.:; -r 1?~::£1 /f?t,h -.d 'if~....+ IT! r f?\7.~"'3 l) ;j ' lt.u /{.~a:, S'J ,.,-.QI.AI Iff tJ .. lPx /7.2 "f/ L L S /J A) /.1 r//L (./-. /L/'>~~t ~ 1.17 ,f' )'/ //c;(( J NV ~.£4?W- ·"~'lulJJ JlfJ k 11 tr./Jh i< eA ~~:J~ ':.;)~ tla.Vl-->'-'1. ~· ,-(.P-AD ,x) t-.,..,~~ .f _.(/1.:. ....,_ "~ ~/{/ I q -1 :r _,.. ... t..-· th...: I( u ( -riL.£J:. < ~J"}n. ,..,... ,;?, .9 c:J c ·1 ..c<--~/ a ,J ~A-£ ~~fk cuc.j '~:;~.-~ tflit.. <..-d /11~ ~,.bj / THE UNDERSIGED ARE NOT IN SUPPORT OF AN APPLICATION I PROPOSAL TO ESTABLISH A CLASS "A" BINGO HALL AT THE LISGAR HEIGHTS PLAZA, TILLSONBURG WE CONSIDER THAT THIS HALL IS NOT IN THE BEST INTERESTS FOR CURRENT BINGO PLAYERS OR THE RESIDENTS OF TILLSONBURG SIGNED NAME ADDRESS xi?_:U ·Jtt Itt >i{ . ..._~·'f./ ·::;.::> '':\ ·j).;o 1'-[p:; (c.'l'(j) J)I'TM'.d/1 !Jt.M/c, f' ··c")N ~.({ • '1. '--• ,"-\...' (t (< 'l \ J .; /')·.r-~A 1 I 1 c.: bi. .. ( ..... ~ . /.-;;~ {urn I l uAYl• (1/A.l'f./U --f". //a ·h..,..· . .) / /' './..~ ..()£ ·Y~A.-1 _!'"_' 1/ I "" Ll~·r v11. s. '"'j ;{ ( <"c"'t.-, ~~.' _....a_ .tl/;~ . .JJN-C! I~ r-rc.-J L'k .l? -{,' /( Sr·~· 1.:Jv"' Y )1/11: (_): . _, g//Lf-YrL/E ~~~" 11~-fls_MJ ~IJ:~ {. t<-·J '---.' ..... ._-l-,_ .. I ;;/( . Lisgar Avenue Area: Census Data )Population (Statistics Canada, 2011 Census) Table 1: Population By Age An estimated 2340 people live in the Lisgar Ave Area, comprising 15% of Tillsonburg's population. Table 1 provides the population by age. Figure 1 compares the population of Tillsonburg and the Lisgar Ave Area by age, showing differences in age composition (%).The green line represents the Lisgar Ave Area, and the red line represents the Town of Tillsonburg. (Statistics Canada, 2011 Cen~u_& ______ -·----· ---. ·---- 10.0 9.0 8.0 7.0 6.0 % 5.0 4.0 3.0 2.0 1.0 0.0 Figure 2: Proportion of Population by Age (Statistics Canada, 2011 Census) "7 en <t cn <t cn <t en <t en <t en <t cn <t en <t J, ..... ..... N ":' m m <t "7 L/) L/) lO lO " " 00 0 6 J, 6 6 J, 6 6 J, 6 J, 6 J, 6 L/) L/) ..... ..... N N m m <t <t L/) L/) lO lO " " 00 Age -Tillsonburg Lisgar Ave Area ·-=-~--... cn <t cn + 00 cn cn 0 J, 6 J, 0 ..... 00 cn cn Age Oxford Tillsonburg Lisgar Ave 0-4 6140 730 115 5·9 6345 780 95 10-14 6810 775 105 15-19 7245 845 120 20-24 6190 795 170 25-29 5990 775 160 30-34 6045 855 135 35-39 6420 795 115 40-44 6825 915 135 45-49 8465 1060 155 50-54 8160 1130 215 55-59 7145 990 165 60-64 6420 1015 185 65-69 4960 975 145 70-74 4170 915 110 75-79 3410 805 85 80-84 2605 615 75 85-89 1620 365 45 90-94 605 125 20 95-99 140 35 5 100+ 20 5 0 Total 105715 15305 2340 Household & Income Data (Statistics canada, 2006 census) The total is different from the sum of population by ______ _!!ge !r1~his ~a_l!-~,_a~ '!f!!flbers_l!_re rf!_und~f!:... Compared to Tillson burg, the Lisgar Ave Area has a higher proportion of: • tenants Table 2: Household & Income Data (Statistics Canada, 2006 Census) • tenants spending more than 30% of their household income on gross rent. • homes needing major repairs • economic families, and singles age 15+, that fell below the 2005 Low Income Cut-off (LICO) after tax. In Tillsonburg, the 2005 LICO after tax for households was: • $12,890 (1 person) • $15,690 (2 ~~o~l~) • $19,535 (3 people) Occupied Private Dwellings %Rented %Owned % needing major repairs Tenant-Occupied households % spending 30% or more of household income on gross rent Household income in 2005 of private households Under $10,000 $10,000 to $19,999 $20,000 to $29,999 $30,000 to $39,999 $40,000+ Prevalence of Low income (LICO) after tax in 2005 ?'9 Tot~ I P~r~on~ 1~ y~~r~ "nd over not in ~c;onomi~ F~milie~ %Total Economic Families Tillsonburg 27.2% 72.8% 5.3% 11.1% 190 665 705 760 4055 lfi,l'Yo 4.0% Lisgar Ave 60.8% 39.6% 10.2% 24.0% 60 210 215 140 600 zo.no 6.8% Page 2 of4 Lisgar Avenue Area: Census Data J Social Risk Index (Statistics Canada, 2006 Census) The Social Risk Index (SRI) represents a community's socio-economic risk factor and can be used to identify areas in a community where residents may be at greater risk of disadvantage. The index was calculated for dissemination areas (DA) using percentages for 9 variables: mobility in past year, knowledge of official languages, low income economic families, lone parent, immigrated between 2001-2006, income from Government Transfer Payments, unemployment rate, educational attainment (age 25-64), and not owning a home. The values for these variables were compared to the national value. Each time aDA's value for a variable exceeded the national value the DA received one point. A value equal to or below the national value did not receive any points. An overall index was created by adding the points for the nine variables to determine each DAs overall score out of a total of nine (highest score in Oxford was a 7). The higher the score the greater the presence of characteristics associated with risk and disadvantage and thus potentially a greater need for preventative or supportive services. It is important to note when using the SRI that: 1. It represents small percentages ofthe population. For example, nationally 8.4% of Economic Families in Canada are Low Income. For the average sized DA in Oxford, 8.4% is 53 of 630 residents. 2. While literature indicates that neighbourhood traits can be an indicator of social determinates of health it does not suggest that all residents are at risk or need additional supports. 3. When interpreting SRI maps, knowing the community is important. For example seniors apartment buildings can impact three of the 9 factors used to calculate the SRI (mobility in the past year, home ownership and government transfer payments). The SRI should be used with other community information and data. The following map (Figure 3) shows the SRI for Tillson burg. The darker the colour the higher the SRI score. The highest score in Tillsonburg was a 7. Two DAs had a score of 7, one of them is in the Lisgar Ave Area, the other is located in the south end of the community. The other DA's comprising the Lisgar Ave Area had a score of 4 and 6. When reviewing the SRI map, consider other information you have about Tillsonburg and the Lisgar Ave Area which may affect the SRI scores. Page 3 of 4 1838075 Ontario Inc. 880 Richmond Street Chatham, Ontario N7M5J5 June 8, 2012 Municipality ofthe Town ofTillsonburg 200 Broadway Street, Suite #204 Tillsonburg, Ontario N4G5A7 Attention: Donna Wilson Re: Response to the Proposed Bingo Hall Submissions Dear Ms. Wilson, Thank you for forwarding copies of the submissions. We will be responding to the opposing letters only. Although there are six opposing letters, we will address them as three entities. Four of the six letters are from the same organization, just different locations. The content of three of those four letters is identical and is requesting a market study. Doug Dawson Letter: We appreciate Mr. Dawson's concern and good intentions as we also take problem gambling very serious. In fact we will prominently display and distribute Ontario Problem Gambling Helpline materials at the Tillsonburg location, as we do in our other current locations. Our industry associations ar:e closely aligned with The Ontario Problem Gambling organization. Mr. Dawson's statistic from "addictionsblog.org" is fairly accurate that 80% ofbingo players are female. The main reason for that is bingo is one of the few places that women and particularly widows, and single mothers can go out for an evening of entertainment and feel safe. The remainder of Mr. Dawson's letter may be his opinion of gambling addiction as it pertains to Bingo, however the statistics from research do not support his claims. The Centre for Addiction and Mental Health (CAMH) is Canada's leading addiction and mental health hospital. They publish many statistics on problem gambling, we have only included the relevant statistics. • 4.8% of adults have moderate to severe gambling problems • Problem gamblers are found in all ages, income groups, cultures and jobs • Men and women are equally likely to gamble, but men will typically spend more .. minimum amount needed to play or an admittance fee. The $70.00 used in our projections is lower than the industry average. We can achieve a higher average spend amount without raising prices by offering our patrons options to play different auxiliary games. With the use of specialty bingo equipment we are able to offer those games. A commercial hall can justify the cost of such equipment that a once a week bingo cannot. The world around us is changing dramatically and that is especially true in gaming. The most significant changes are yet to come in the not so distant future. The AGCO in cooperation with the Provincial Charities Association and the Commercial Suppliers Association have done extensive work and studies over the past several years. The business model that commercial halls use today is a direct result of an extensive study completed by HLT Consulting at the request of the AGCO. After being in the industry for over 25 years, the only way we can see sustaining a viable charitable fundraising model is by embracing the new technologies. We truly do not see a bright future for fundraising by doing the same thing that has been done for the last 30 years. It is not a recipe for future growth and prosperity. If a commercial bingo did not open, the ability of many organizations to fundraise would be sacrificed. The chance to keep bingo fundraising competitive with other forms of entertainment would be lost. Although the Lions would like to keep things the way they are, their current model is not sustainable long term. Their bingo will continue to decline at a significant rate, given all the changes coming to the gaming industry and other forms of entertainment. We would question the credibility of the petition that was submitted for the following reasons. There is no information on who submitted the petition so we would assume it was submitted by the Lions Club after distributing it at their weekly bingo during the submission period. We question how the petition was presented and under what pretences was it presented. We are certain the nature of the discussion surrounding the petition did not fully disclose all the merits and facts about the proposal. In regards to the concerns the Lions Club expressed in their submission with washrooms, seating space and parking, they are as follows. A floor plan of the seating area was submitted to the municipality and allows for seating of approximately 230 patrons. This is more than sufficient based on our expected attendance. The washroom facilities must adhere to all building codes and municipal by-laws. They will be renovated to comply fully with all building codes. A copy of the parking area was submitted to the municipality. The property is zoned for bingo as a permitted use. There is extra parking available along both sides the drive leading to the community centre which is directly adjacent to the proposed location. We don't believe the bingo would cause congestion or a safety concern as Lis gar Street already handles all the traffic to and from the community centre. We also would like to point out that we expect many patrons to simply walk to the bingo due to its proximity of the high density housing nearby. I'>'·. ). CRG CONSULTING '-'· a: u "' ..I -Ill "' z 8 MARKET STUDY FOR PROPOSED BINGO HALL IN THE TOWN OF TILLSONBURG (CRG File No. 11-314) Prepared for: 1838075 Ontario Inc. April16, 2012 Submitted by: CRG CONSULTING 325-301 Moodie Drive Ottawa, ON K2H 9C4 Tel.: 613-596-2910 Fax: 613 820-4718 www.thecrg.com LAND • BUILDINGS • PEOPLE TERRAINS • IMMEUBLES • GENS ~II',;J!lf<i!l~~" ll!lllll8llllll .. Proposed T/1/sonburg Bingo Hall Market Study Market Study Summary and Key Conclusions The bingo industry in Ontario continues to face major challenges with technological change, shifting social values and changing demographics and emerging highly competitive alternative entertainment and gaming venues and products. A key strategic initiative on the part of the Alcohol and Gaming Commission of Ontario's (AGCO) to modernize and revitalize charitable gaming in the Province was the introduction a the New Bingo Revenue Model in 2007. One of the key objectives of the New Model was to assist charities. and bingo hall operators to stabilize and expand bingo gaming through the widening of its customer base. · A new bingo hall is being proposed in the Town of Tillson burg to be located at 230 Lisgar Avenue (Lisgar Heights Plaza). The purpose of this report is to undertake a Market Study for the proposed new bingo hall in accordance to the requirements of AGCO's "Criteria and Procedures for Establishing Bingo Halls" manual. The market study focuses on two key and interrelated questions: 1) what is the impact of the proposed new facility on existing bingo halls in the greater Londcin region and; 2) whatis the impact of the new proposed new facility will be on charity organizations in terms of their net profit from bingo gaming revenues? · Focusing first on these primary questions, the main conclusions from the Market Study are as follows: ... Impact on Existing Bingo Halls There are 3 existing registered Class A bingo halls in Region 4 (Western Ontario) as defined by AGCO- 2 bingo halls in London (Forest City Bingo Country and Lucky Days) and 1 hall in St. Thomas (Bingo Country St. Thomas). There is also a Class C bingo event in the Town of Tillsonburg operated by the Tillsonburg Lions Club on Monday nights at the Tillsonburg Community Centre. In terms of the broader region, the proposed bingo hall will not have a significant impact on the existing 3 Class A facilities for the foll0wing reasons: • The primary market area as delineated by a 10 km radius from the proposed new location is well beyond the primary market areas for the existing bingo halls in London and St. Thomas. Indeed, the strongest competition for bingo patrons exists between the 3 existing bingo halls as illustrated by their overlapping market areas -see Figure 7, and not from the proposed new location in Tillson burg. • The 3 existing bingo facilities are located beyond the 30 km radius of the proposed new hall location. AGCO requires that new bingo hall applicants identify existing facilities within a 30 km radius of the proposed site. • Compared to other bingo market regions in southern Ontario, the level of bingo activity in the Western Ontario market area, as measured in terms of bingo attendance relative to population size, is noticeably lower suggesting that the primary markets for existing 3 bingo halls tend to be very localized drawing patrons from communities in close proximity and not from a broader regional market. A new bingo facility in Tillsonburg will not have an impact. • The primary market area for the proposed new bingo hall will be the potential players residing in the Town of Tillsonburg. Based on the market study results, it is expected that the Town's existing population, together with rural communities in the immediate surrounding area, will support the number of bingo players projected for the new facility. The proposed new bingo facility may have a potential impact on the existing nllsonburg Lions Club bingo operation which is held at the Tillsonburg Community Centre only 0.5 km from the proposed site. It is noted however that this bingo facility is a class C hall operating only one session once a week (Monday nights). The applicant has met with and offered to have the Tillsonburg Lions Club to participate as a CRG Consulting (www.thacro.CQm) -2-CRG File No. 11-314 Proposed Tillsonburg Bingo Hall Market Study • The proposed location in downtown Tillsonburg offers excellent car and pedestrian accessibility. The site is located just east from the intersection of Broadway St. (a major north-south road through the Town) and Lisgar Avenue. Broadway St. Is connected to Highway 401 (Macdonald-Cartier Freeway) which is approximately 20 km from the proposed site via Plank Line. Demonstrated Demand for New Bingo Facility by Charitable Organizations • · Tillsonburg based charities do not currently have access to bingo halls and therefore to potential revenues to support their community causes. Several charities have expressed a firm interest in participating iri the proposed new bingo operations. The list of interested charities is provided in Market Study. Evidence of Community Support in the Immediate Area of the Proposed Bingo Facility • The Market Study did not examine evidence of community support. Instead, it is recommended that the evidence of public support be obtained through the Public Notice Requirements steps required by AGCO as part of Tillsonburg Council's approval process for the new bingo hall proposal application as well as from any public delegations and correspondence received by the Town when the application is dealt with at Standing Committee/Council. • Notwithstanding the above, the list of interested charity organizations represents a strong expression of community based support for the proposed bingo hall. CRG Consulting (www.thecro.com/ -4-CRG File No. 11-314 Proposed Tillsonburg Bingo Hall Market Study 2.0 Overview of the Bingo Gaming Industry This section of the report contains a summary overview of recent trends, issues and challenges in the bingo industry focussing on Ontario and Western Ontario. This overview, in tum, provides tbe situational context for better understanding the local impact of the proposed new bingo hall in Tillson burg. 2.1 Bingo Gaming Regulatory Framework In Ontario Th~ Criminal Code establishes the framework for legal gaming in Canada. This allows for charitable gaming run by charitable and religious organizations to raise funds for charitable activities in Ontario. Flowing from these Criminal Code provisions, that were initially put in place in 1969, the Lieutenant Governor in Council established in 1970 two authorities to issue licences ~ the Minister of Consumer and Commercial Relations and municipal councils. The Alcohol and Gaming Commission of Ontario (AGCO) was established in February 1998 as a quasi~ judicial regulatory agency and now reports to the Ontario Ministry of the Attorney General. AGCO's mandate is ''to regulate the alcohol and gaming sectors in accordance with the principles of honesty and integrity, and in the public interest." The rules governing the operations of charity bingos are set by AGCO. The Registrar of AGCO has been delegated authority so that it can license all types of approval lottery events, while a Municipal Council may approve and license certain lottery events run by charities and other community based, non-profit organizations. Municipalities assess and approve lottery license applications from charities for bingo sessions and are permitted to collect a fee per bingo event/game. Municipalities determine eligibility of organizations, and are responsible for scrutinizing reports submitted by organizations upon completion of sales. This authority is delegated by the AGCO to municipalities. · A Hall Charity Association (HCA) is organized for each bingo hall and represents ·all the charities or licensees operating from that facility. The HCA Administrator is responsible for coordinating licence applications for individual charities, filing required monthly reports, administering trust accounts, distribution of net proceeds to charities. The licensees of each HCA share in the total charity revenue share of bingo win on a prorated basis in terms of the number of sponsored sessions. The HCA in consultation with the bingo hall owner/operator is also responsible for scheduling dates and times for charity bingo events, determining the game schedule and, determining the type of prize board to be offered (variable or fixed). Over the last 5 years, the regulatory framework has changed considerably in response to changing needs and issues. These changes generally resulted in more comprehensive regulations. However, it was only in recent years that the Provincial government placed more focus on co~ordinated and promoting the bingo gaming industry (as opposed to just regulating) in response to declining attendance and revenues to charities. One of the main objectives of the "New Revenue Sharing Model" introduced in 2007 was to establish the bingo hall as an entertainment destination with bingo as the main draw and where the customer does not distinguish between services. The aim is to provide an experience where the customer, whether playing games, purchasing products or eating, will spend money and both charities and halls will benefit from the overall revenue. Electronic bingo has also been introduced as an initiative to revitalize the bingo industry. As part of the new Revenue Sharing Model, AGCO also created a marketing fund which would be take in between 8% and 12% of total bingo win which would support marketing activities for the bingo hall (Hall CRG Consu/Ung (.www. thecm. com) -6-CRG File No. 11-314 Proposed Tillsonburg Bingo Hall Market Study I i $!;em +-----., a Ill I $1J)OO $- 11195 tSU 19(17 IPari-UI&Jel· Figura 1 Total Ontario Gaming Win by Type of Game1 1995-2007 (Fiscal Years) 11198 10111l :2000 200'j 2tlll2 2081 Year lllllingtt II tottery ICaslna 2001 2005 2005 2001 •EGD·Olher Source: Alcohol and Gaming Commission of Ontario, New Bingo Revenue Model: One Year Review -Key Findings Report !October 2008) Prepared by HL T Advisory Inc. Win = Total Wagering less prize money The following table shows bingo wagering trends in Ontario from Fiscal Years 1998/99 to 20089/10 based on data published in AGCO's annual reports. Total bingo wager stated to decline after 2001 with net revenues and charity profits declining after 2002. The Province wide ban on smoking in enclosed public places was implemented in June 2005. The AGCO data, however, does show an increase in total bingo wager from FY 2007/08 to FY 2008/09 of about 8.1% as well as in Net Revenues at 6.0% which provided some positive results for the new Bingo Revenue Model implemented in May 2007. However, charity profits continued their along their downward trend in 2008/09. More important, the increases in· 2008/09 bingo wagering and net revenues were only temporary as the revenues for all three indictors returned to their longer term trend of decline in 2009/10. CRG Consulting (www,thecm.com) -8-CRG File No. 11-314 ·. Proposed Tiflsonburg Bingo Hall Market study Q3 7 149 639 1,640 $9,905,792 74 $1,591 $644 Q4 7 140,103 1 588 $9,347,930 75 $1,473 $597 2011 Q1 7 139,825 1,549 $9,422 966 83 $1,008 $408 Q2 7 140,197 1,510 $9,071,451 74 $1,575 $638 Q3 7 145,682 1,643. $9,758,833 76 $1,394 $565 Q4 7 143,602 1 604 $9 539 172 76 $1,438 $583 Source. Alcohol and Gaming Commission of Ontario Quarterly Performance Reports Note: (1) Revenue to charities was estimated by first subtracting 10% of the net revenue 1 session (for Marketing Fund) and then 45% of the remaining revenue as the charity share in accordance to the AGCO 2007 Bingo Revenue Model. The estimate does not Include revenues from other gaming win or sale of refreshments etc. Table 3 compares various bingo attendance performance indicators between the Western Ontario and other bingo market regions as defined by AGCO in southern Ontario as well as with the province in totaL The performance indictors correspond to yearly totals for 2011 as reported in AGCO's quarterly reports. 14 3 ,561 22,635 54.7 94.8 9,546 154.0 75,754 Source: Alcohol and Gaming Commission of Ontario Quarterty Bingo Revenue Model Reports: Bingo Prize Board Statistics Canada, 2011 Census 81,329 216, 153,014 146,623. 8 per session 90 134 97 103 Notes: (1) Western Ontario Includes Elgin, Munsee-Delaware (First Nations Reserve), Middlesex (London) and Waterloo (Kitchener). AGCO does not Include Oxford County as part of Region 4 (Western Ontario) because there Is not registered Class A or Class B bingo hall In the County. However, Oxford was included in the calculation of the total population for the market region. Norfolk County is also left out and is not Included In Table 3. (2) Includes Metro Toronto, Peel, York and Duriham. Simcoe is Included in Eastern Ontario which is not shown in the table. (3) Includes Halton, Hamilton and Niagara. (4) Includes Essex, Chatham-Kent and Lambton. (5) Includes Eastern Ontario and Northern Ontario not shown In the table. (6) One bingo hall closed In South West Ontario during Q3 2011. (7) Ontario experienced a net decline of 3 bingo halls during the first three quarters of 2011 (4 closings and 1 opening). (8) Weighted for South West Ontario and Total Ontario to account for bingo hall closures. The above table indicates that bingo market attendance characteristics can vary significantly between regions in Southam Ontario. For example, bingo halls In the Western Ontario region, which includes the two large cities of London and Kitchener, have significantly smaller numbers of patrons and number of sessions compared to other bingo halls in other regions. The overall activity rate, measured in terms of total annual attendance in 2011 as a percentage of total population is also the lowest in Western Ontario CRG Consulting (.www.thecra.corol -10-CRG File No. 11-314 Proposed Tiflsonburg Bingo Hall Market study 3.0 Market Study: Proposed Bingo Hall in Tillson burg As stated in the Background section, the Market Study presented in this section is based on the required elements established in AGCO's "Criteria and Procedures for Establishing Bingo Halls" manual. The market analysis focuses on two key and interrelated questions: 1) what is the impact of the proposed new facility on existing bingo halls in the Tillsonburg/London/St Thomas region and; 2) what is the impact of the new proposed new facility will be on charity organizations in terms of their net profit from bingo gaming revenues. 3.1 New Bingo Hall Proposal Summary The proposed Class A bingo hall is to be located at 230 Lisgar Avenue in the Lisgar Heights Plaza -see Figure 2. The subject property is zoned Service Commercial which permits a bingo hall as a use under the category of Pia~ of Entertainment. The applicant, 1838075 Ontario Inc., has a valid Certificate of Registration as a Gaming Supplier issued pursuant to the Gaming Control Act, by the Alcohol and Gaming Commission of Ontario. According to the current business plan, the proposed bingo operation will be open 7 days a week with · one session each evening at 7:00P.M. Subject to demand, the number of sessions would be increased to two or three in the future. The average prize money will be approximately $3,000 to $4,000 per session of which about $2,500 will be a fixed amount with the remaining being variable depending on the progressive style games being offered. The new bingo facility will have a total seating capacity for approximately 240 patrons but the estimated attendance is projected to be conservatively around 100 patrons per session. Based on spending levels of other bingo facilities, the average spend is expected to be between $60 and $70 per player per session. Depending on attendance, the approximate charity profit will be between $400 and $1,000 per session or about $250,000 annually at minimum. 3.2 Market Study Elements 3.2.1 Outline of Primary Bingo Market Areas Based on a 2009 survey by Pollara for the Ontario Bingo Development Fund, 43% of bingo players travel less than 5 km to play and another 27% travel between 5km and 10 km.9 The primary gaming area can then be approximated by a 10 km radius from the bingo hall location corresponding to 70% of the total potential source of bingo patrons. The 5km and 10 km zones are also recognized in AGCO's Criteria and Procedures for Establishing Bingo Halls which requires that the Market Study examine demographic characteristics within these distances from the proposed new bingo hall location. Given that Tillsonburg is located in a primarily rural area and is not near major urban centres such as London, it is expected that that 80% of patrons for the proposed bingo hall could come from the local community. The AGCO Criteria and Procedures also require the Identification of existing registered bingo halls within a 30 km radius of the proposed bingo hall site as part of the proposal approval process requirements (this is not required as part of the Market Study elements). Figure 3 shows the 30 km radius zone around the proposed new bingo hall location. Both the cities of London and St. Thomas are beyond the 30 km zone. There are two existing registered bingo halls in the City of London -Forest City Bingo Country and 9 Ontario Building Development Fund. Market Research Tool Kit March 2010. CRG Consulting (WWW.th9cm.comJ -12-CRG Fife No. 11-314 Proposed Tillsonburg Bingo Hall Market Study Flgure2 Map of Proposed Bingo Hall Location -Tlllsonburg CRG Consultfng (www.thecm.coml "14-CRG File No. 11-314 Proposed Tillsonburg Bingo Hall Market Study 3.2.2 Estimated Potential Size (Bingo Players) of Tillsonburg's Bingo Market There is no established or well tested approach for measuring the potential market sizes in terms of both geographic boundaries and the number of players, around individual bingo hall locations. Estimating mark.et sizes is also seriously constrained by the absence of detailed bingo performance and consumer data for individual halls. From a market study perspective, it is still useful to try to estimate the potential size of the bingo market in Tillsonburg in order to assess the attendance assumptions presented in the business model for the proposed bingo hall.10 The extent to which the proposed bingo hall can draw players from the immediate community also provides additional support on the impacts that the proposed new facility will have on existing bingo operations in London and St. Thomas. The following table estimates the bingo player market size within the town boundaries of Tillson burg using the methodology developed by HL T Advisory for an independent 2011 market study related to an existing bingo hair in the Durham Region. The assumptions used in HL T's methodology were based on data from the 201 o Ontario Bingo Development Fund Research Kit.11 Based on the HL T methodology, the total annual number of visits of bingo players residing only in the Town of Tillsonburg is estimated to be 19,700 or 54 visits per day (over 365 days yearly). Total estimated adult (19 yrs. of age and over) population in 2011 -Town of Tillsonburg: 11,900 Bingo population participation rate: 5% Total Estimated Tillsonburg Bingo Players: 600 Frequency of Play % Bingo Players Number Players Estimated Annual Total Annual Game Visits per Player1> Visits Few times/week 15 90 100 9,000 Few times/month 23 138 50 6,900 Few times/year 44 264 12 3,168 Less often 18 108 6 648 TOTAL 100 600 168 19,700 (rounded) Source: HL T Advisory Note: Based on HL T Advisory estimates as follows: 2 times/week, 4 Urnes per month, once per month and once every two months. The application of the above methodology and, in particular, the assumption of a 5% Ontario wide participation rate, likely underestimates the Tillsonburg's potential bingo market size. Bingo participation rates can very significantly between communities and regions depending on the availability of alternative and competing entertainment I gambling venues, sociaVdemographic and income characteristics of local residents, quality (e.g. facility and design amenities) and number of existing bingo facilities, mix of bingo gaming product offerings, operational management and marketing effectiveness and other factors. · Unfortunately, studies on differential bingo participation rates and influencing factors within Canada are limited. Moubarac et. al. from the International Centre for Youth Gambling Problems and High~ Risk Behaviors at McGill University undertook a literature search of bingo participation rates in ·Western countries.12 In terms of Canadian data, the authors found a considerable range in adult past-year bingo participation rates between provinces from 4.8% in Ontario, which is comparable to 10 It Is noted that the AGCO's Criteria and Procedures for Establishing Bingo Halls guidelines for undertaking market studies do not require that the study examine the market viability or feasibility of a proposed new bingo hall operation. 11 HL T Advisory, ''Bingo Gaming Market Assessment Ajax/Pickering Market Area", prepared for Delta Bingo Inc. July 2011. 12 Jean-Claude Moubarac, N. Will Shead, & Jeffrey Lm Derevensky, "Bingo Playing and Problem Gambling: A Review of our Current Knowledge", Journal of Gambling issues: Issue 24, July 2010 (pp. 164-184). CRG Consulting (.www.thecra.com! -1 -CRG File No. 10-281 ) Proposed Tillsonburg Bingo Hall Market Study would result in an overall total daily number of players from 54 to 86 (or from 19,700 to 31,500 annually). The above revised total also excludes potential players coming from nearby communities outside the Town of Tillsonburg. The business model for the proposed bingo hall assumes that 20% of the players will come from surrounding rural areas. The additional 20% would result in a total daily player base to approximately 108. The above estimated daily total of potential players in the market area associated with the proposed bingo hall can be further tested against similar existing examples of bingo operations. One such case example is found in the community of Wallaceburg, Ontario. Although Wa\laceburg is located within the Municipality of Chatham-Kent following amalgamation in 1998, the community is located within a predominantly rural area similar to Tillsonburg, and is approximately 25 km from the primary urban centre of Chatham~ According to the 2011 Census, the population of Wallace burg is 10,163 compared to 15,301 for Tillsonburg. With a population of 2/3 of that of Tillsonburg, the town has 2 existing bingo operations-Wallaceburg Hometown Bingo, a class A bingo facility, and a Class C bingo facility with one event per week similar. According to local sources, the average daily attendance at Hometown Bingo is 90 players and 125 patrons at the weekly bingo session. 3.2.3 Population Characteristics The Town of Tillsonburg represents the primary market area for the new bingo hall and the municipal boundaries of the Town fall within the· 5 km radius of proposed location. The total population of the Town of Tillsonburg according to the 2011 Census was 15,301, an increase of · 3.2% since the previous census in 2006. The amount of data released from the 2011 Census has been limited to date. The last available data on age distribution and incomes are from the 2006 Census. Table 4 provides comparisons with other selected communities in terms of papulation and income characteristics. The most distinctive demographic trait of Tillson burg is the Town's older age profile. In 2006, 23% of the Town's resident papulation was aged 65 years or aver, well above other nearby communities in Western Ontario. The high representation of seniors is indicative of Tillsonburg's attractiveness as a retirement I adult lifestyle community. The high incidence of seniors households is also reflected in the lower median household incomes as most seniors are likely retired and dependent on pensions. CRG Consulting (www.thecro.comJ -18-CRG File No. 11-314 Proposed TI/Isonburg Bingo Hall Market Study The increasing size of the older age cohorts due to the aging of the Baby Boomers has a potential direct impact on the bingo market. A Canadian study found that bingo is still an older, limited-income woman's game who are faced with limited social opportunities; 18 It is useful to note that the main motivation of current bingo players surveyed in the 201 0 Ontario Bingo Development Fund was not prize money: 33% were motivated by the social aspect of meeting friends and people; 25% were motivated by the fun and excitement of playing bingo, and; 25% said that the opportunity to win money was the reason they continue to play bingo. The social and entertainment aspects of community bingo halls represent potentially important attraction features to the future seniors population. It is beyond the scope of this Market Study to undertake a more detailed analysis of demographic impacts. More research is required to develop a more clear future perspective on the future impacts of population growth and in particular of the Baby Boomers. The leading edge of this cohort is now entering retirement age. · In addition to the broader population characteristics, it is important to also note that the proposed bingo facility is located In close proximity the highest density neighbourhood in Tillsonburg. A visual survey of the neighbourhood found that within about a 5 minute walk from the proposed bingo hall location, there were approximately 900 units in 23 apartment buildings and townhomes. The immediate surrounding neighbourhood represents therefore, an important potential source of patrons within easy walking distance. 3.2.4 Transportation I Accessibility Review The Town of Tillsonburg has not been serviced by public transit since the late 1990s when provincial government subsidies were cut for the Town's public transit system .but the proposed location offers excellent car and pedestrian accessibility. The site is located just east from the intersection of Broadway St. (a major north-south road through the Town) and Lisgar Avenue. Broadway St. is connected to Highway 401 (Macdonald-Cartier Freeway) which is approximately 20 km from the proposed site via Plank Line. The location is also in close proximity to the Tillsonburg Community . Centre as well as the Town's most densely populated neighbourhood as observed in the previouf? section. 3.2.5 Demonstrated Demand for New Bingo Facility by Charitable Organizations Several charities and community based organizations have recently expressed interest for participating in the proposed new hall association. These organizations are listed below: Tillsonburg and District Multi-Service Centre Canadian Mental Health Association Community Living Tilisonburg Oxford Elgin Child and Youth Centre Tillsonburg 18 Cousins, Sandra O'Brien and Witcher, Chad S.G. 'Who Plays Bingo In Later Life? The Sedentary Lifestyles of Little Old Ladies". Journal of Gambling Studies (2007) 23:95-112. CRG Consulting (WWW.thacra. com/ -20-CRG File No. 11·314 Proposed Tl/lsonburg Bingo Hall Market study Lions Club bingo event will continue to attract long standing loyal patrons but it is difficult to estimate the degree of the impact. ..... Impact of proposed new bingo hall on local charities Members of bingo hall charity bingo associations typically Include locally based organizations. To obtain a lottery licence, municipalities often require that the charitable organization provide a direct benefit to the residents of Ontario or, is some cases, the local community. For example, .the City of London lottery licensing by-law requires that the organization have a place of business within the County of Middlesex and that the proceeds be used for charitable or religious purposes in Ontario.19 Licensing approvals by the municipalities of Tillsonburg and St. Thomas are based on AGCO's Lottery Licensing Policy Manual (Order in Council1413/08). The Manual stipulates that proceeds . from licensed lottery schemes must be used only for a charitable or religious object providing a direct benefit to the residents of Ontario. The First Street Charity Bingo Association partnered with Lucky Days in London has 28 charity members. All but one of the members Is community based organizations located in London or in communities near the city (e.g. llderton, Lambeth). Four members are national organizations with London based chapters or regional offices . . The revenues from the Monday night session at the Tillsonburg Lions Club bingo event support the Lions Club's community projects and are not shared with different charity organizations. The proposed new bingo hall in Tillsonburg will provide another venue for locally based charity organizations to raise money for their causes -currently estimated to be approximately $250,000 annually. At present, community based organizations do not have access to active bingo halls. In terms of charities currently associated with existing bingo halls in London and St. Thomas, these charities will not be impacted by the proposed facility in Tillsonburg since the new hall will not compete for current players in London-St. Thomas and since its primary market will be largely found within the Town itself. 3.2. 7 Evidence of Community Support in the Immediate Area of the Proposed Bingo Facility · For this element of Market Study, it is recommended that the evidence of public support be obtained through the Public Notice Requirements steps required by AGCO as part of Tillsonburg Council's approval process for the new bingo hall proposal application as well as from any public delegations and correspondence received by the Town when the application is dealt with at Standing Committee/Council. The Standing Committee meeting would also be considered as a public meeting on the application. Notwithstanding the above, the list of charity organizations provided in the previous section provides a strong expression of interest and support from community agencies in the proposed bingo hall. 3.3 Other Community Impacts The following summarizes other community and economic impacts associated with the proposed new bingo facility for the Town of Tillson burg. 19 City of London, Lottery Licensing Bylaw (Aprll16, 2007). CRG Consulting (.www.thacm.com! -22-CRG File No. 11-314 THE CORPORATION OF THE TOWN OF TIU.SONBURG BY-LAW NUMBER 'J537 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND R. PAUL WEBER AND HENDRIKA K. WEBER FOR THE SALE OF THE HANGER AT THE TILLSON BURG REGIONAL AIRPORT WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with R. Paul Weber and Hendrika K.Weber; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS glh day of July, 2:>12. READ A THIRD AND FINAL TIME AND PASSED THIS 1(1' day of September, 2:>12. MAYOR-John Lessif CLERK-Donna Wilson AGREEMENT OF PURCHASE AND SALE BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Seller, -and- R. Paul Weber and Hendrika K Weber, hereinafter called the Buyer, WHEREAS the Corporation of the Town of Tillson burg owns the Tillsonburg Regional Airport located at 244411 Airport Road and legally described as part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario; AND WHEREAS the Corporation ofthe Town ofTillsonburg owns a hangar at the Tillsonburg Regional Airport and is desirous of selling the hangar; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DESCRIPTION The Buyer hereby offers to purchase from the Seller a hangar located on the Tillsonburg Regional Airport property fronting on the west side of the first taxiway located to the west of the Terminal Building having dimensions of 42 feet by 52 feet more or less, containing approximately 2,197 square feet and as shown in Appendix A. The Buyer acknowledges that the Hangar does not include the land on which it is situated and the Hangar can only be removed pursuant to the terms of the Lease as set out in Schedule "B" to this Agreement. 2. PURCHASE PRICE The purchase price shall be Thirty Seven Thousand Dollars ($37.000.00 Cdn) payable in certified funds or bank draft to the Seller on the Closing Date. 3. COUNCIL APPROVAL (DATE) The Buyer acknowledges that the negotiation of this offer, including all amendments, is conditional upon the approval of the Council ofthe Corporation of the Town ofTillsonburg on or before July 16, 2012, failing which this offer shall be null and void and any deposit returned to the Buyer in full without interest. Further, the Buyer acknowledges that the negotiation and/or execution of the terms in this offer by the Director of Development and Communications or his designate in no way binds the Corporation to any of the terms contained therein. 4. CONDITIONAL DATE The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before ____ J~U.!!ro!.Y_.3!,!1._ • .!.20!1.1""2:,_ ____ _,. which terms and conditions are for the exclusive benefit of the Buyer and may be waived in whole or in part by the Buyer. If the conditions are not fulfilled or waived then any deposit shall be returned and the Agreement arising from the offer shall be at an end and all parties released from their obligations. a. The Seller hereby grants the Buyer and its agents access to the property and its consent to conduct all reasonable soil and environmental tests and investigations on any of the property and if the results of such tests are unacceptable to the Buyer in its sole discretion, the Buyer may, by written notice to the Seller, delivered on or before the Conditional Date, terminate this Agreement. In such event, the deposit shall be returned forthwith to the Buyer, without interest or deduction and all parties shall be released from their respective obligations hereunder. 5. CLOSING DATE This closing of this transaction shall be no later than 5 PM on the 16'h day of August, 20!?, or 30 days following approval by the Council of the Corporation of the Town of Tillsonburg (the "Closing Date"). Upon completion, vacant possession shall be given to the Buyer unless otherwise provided in this Agreement. Buyer's Initials------Seller's Initials------ 15. AGREEMENT IN WRITING In there is a conflict between any provision added to this Agreement {including any Schedule attached hereto) and any provision in the typewritten hereof, the added provision shall supersede the typewritten portion to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto shall constitute the entire Agreement between the Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 16. SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns ofthe undersigned are bound by the terms herein. BUYER ACKNOWLEDGEMENTS 17. INSPECTION The Buyer acknowledges having inspected the property prior to submitting this offer and understands that upon the Seller accepting this offer there shall be a binding sales contract between the Buyer and the Seller. 18. CONDITION OF THE HANGAR The Buyer acknowledges and agrees that it is purchasing the hangar in its present condition, "as is" and there are no warranties or representations of any kind whatsoever with respect to the hangar or the lands on which the hangar is situated. The Buyer will conduct, by the conditional date, all inspections that it reasonably requires to determine if the property has been used as a waste disposal site or contains waste as that term has been defined and/or designated pursuant to the Environmental Protection Act {Ontario) or any federal legislation of similar type or nature and that the Seller makes no representation or warranty concerning the soil and/or environmental condition of the property at the time of sale. The Buyer further acknowledges and agrees that it will conduct such tests as it deems necessary to determine to its satisfaction, that the soil conditions for the property are satisfactory to support the development and construction of the building and other structures contemplated for its proposed use of the property. SELLER ACKNOWLEDGEMENTS 19. EXISTING SERVICES The Seller agrees, without payment by the Buyer of additional levies, imposts or charges, to supply to the hangar all existing services currently in place and serving the property including paved roads, hydro, water, sanitary sewers, storm drainage ditches, and taxiways. Such municipal services to be available on or before closing. The Buyer acknowledges and agrees that it will be responsible for any fees to connect laterals at the standard charges imposed by the respective agencies. The obligations of the Seller set out in this paragraph shall not merge on closing. Buyer's Initials------Seller's Initials------ 3 SCHEDULE "B"-LAND LEASE AGREEMENT Buyer's Initials------Seller's Initials------ 5 OPS12-13 Report-Water Sewer Agreements DATE: September 10th, 2012 TO: Kelley Coulter, CAO FROM: S.T.Lund, P.Eng., Director of Operations SUBJECT: WATER AND SANITARY SEWER -BILLING AGREEMENT AND OPERATIONS/ENGINEERING SERVICES CONTRACT RECOMMENDATIONS i) "Resolve that Council receives Report OPS12-13 -Water and Sanitary Sewage -Billing Agreement and Operations/Engineering Services Contract for information purposes." ii) "the Mayor and CAO be authorized to execute the Water and Sanitary Sewage Billing Agreement and the Water Distribution, Sanitary Sewage Collection and Engineering Services Contract." PURPOSE To present the proposed County of Oxford and Town of Tillsonburg water distribution and sanitary sewer collection billing agreement and operational service contract for review and approval. HISTORY Town and County staff have been working on the attached water distribution and sanitary sewer service contract and billing agreement that set out the responsibilities of the Town of Tillsonburg to provide water distribution and sanitary sewer operational and billing services for the owner, County of Oxford. The existing service contract expired December 3Pt, 2010. Since then we have been operating on the same basis as the expired contract which needs to be formally renewed. The new agreement and contract have an automatic one year renewal clause and the ability by both parties to amend the agreement as required. DISCUSSION The attached water and sanitary sewer billing agreement and service contract replaces the previous contract. The operational services levels are essentially the same and residents should see no change. liPage WATER DISTRIBUTION, SEWAGE COLLECTION AND ENGINEERING SERVICES CONTRACT BETWEEN COUNTY OF OXFORD AND TOWN OF TILLSONBURG SERVICE CONTRACT THIS CONTRACT made in duplicate this day of 2012 BETWEEN: COUNTY OF OXFORD (COUNTY) OF Tiffi FIRST PART -and- THE CORPORATION OF THE TOWN OF TILLSONBURG (SERVICE PROVIDER) OF THE SECOND PART WHEREAS section 12 of the Municipal Act, 2001 S.O. 2001 chap. 25, provides that the County of Oxford has exclusive authority and responsibility for the supply, treatment, storage and distribution of water and the collection and treatment of sanitary sewage in the County of Oxford. AND WHEREAS the Corporation of the Town ofTillsonburg, established as a Town in the Province of Ontario has requested to be the Service Provider relating to the operation and maintenance of the water distribution and the wastewater collection systems for the Town ofTillsonburg. AND WHEREAS the Parties agree that the intent of this service contract is to provide high quality water distribution and sewage collection services in a sustainable and cost effective manner for the properties serviced by these systems. AND WHEREAS the Parties agree that this service contract will be administered by the Public Works Department of the County of Oxford on behalf of the County, directly with the Service Provider. AND WHEREAS the Parties intend on consulting with each other about policy changes and, to the degree appropriate, considering the implications, fmancial and other, for the community and customers; NOW THEREFORE, TillS CONTRACT WITNESSETH that in consideration of the mutual covenants contained here, the Parties hereto covenant and agree as follows: Page I GENERAL CONDITIONS OF THE CONTRACT 2.0 SERVICES PROVIDED (WATER) The Service Provider agrees to perform or cause to be performed the operation, maintenance and administrative services, as listed in Schedule 'B' to this Contract such that the County's water distribution system at terms of this Contract shall not have deteriorated from its condition at the commencement of the Contract other than from normal use wearing. 3.0 SERVICES PROVIDED (WASTEWATER) The Service Provider agrees to perform or cause to be performed, the operation maintenance, and administrative services listed in Schedule 'B' to this Contract such that the wastewater collection system in the defmed service area, at the terms of this Contract, shall not have deteriorated from its condition at the commencement of the Contract other than from normal use wearing. 4.0 PROTECTION OF WORK AND PROPERTY The Service Provider shall protect the County's property and property adjacent to the system from damage and shall be responsible for damage due to negligence, which may arise as a result of their operations. Should the Service Provider in the performance of this contract damage the system, the County's property or property adjacent to the system due to negligent acts, the Service Provider shall be responsible for the repairing of such damage at their expense. 5.0 PERFORMANCE OF SERVICES The Service Provider will maintain the water distribution system and the wastewater collection system in compliance with all applicable laws, regulations and authorizations using qualified staff and meeting all safety requirements, and applying modern practices, equipment and techniques in the performance of this Contract. 6.0 THE COUNTY SEWER USE BY-LAW The County Sewer Use By-law #271 9-87 or any future amendment to this by-law shall be complied with in the performance of the Service Provider. 7.0 THECOUNTYWATERUSEBY-LAW The County Water Use By-law #4007-2000 or any future amendment to this by-law shall be complied with in the performance of the Service Provider. 8.0 INDEMNIFICATION OF THE COUNTY The Service Provider shall exonerate, indemnify and hold harmless the County, its officers, employees and agents from and against any and all Claims which may be suffered or incurred by, accrued against or be charged to or recoverable from the County that are caused by the Service Provider's negligence or wilful misconduct when performing the Services. The County shall be deemed to hold the provisions of this section for the benefit of the County's officers, employees and agents as third party beneficiaries under this Contract. 9.0 INSURANCE The Service Provider shall arrange and maintain for the period of this Contract insurance coverage meeting the terms and requirements contained in Schedule 'D', with respect to public liability and the infrastructure satisfactory to the County, and the County shall be an additional insured under the coverage. The County shall, at its cost, maintain additional insurance in respect to public liability and the infrastructure. 10.0 FURTHER ASSURANCES Each of the County and the Service Provider will from time to time execute and deliver all such further docmnents and instruments and do all acts and things as the other party may reasonably require to effectively carry out the provisions of this Contract. Page 3 17.0 CONTRACT HEADINGS Contract headings are for purposes of reference only and shall not be read or construed so as to abridge or modifY the meaning of any provision in the main text of this Contract. 18.0 COMPLIANCE WITH APPLICABLE LAWS This Contract shall be constructed in accordance with the laws of the Province of Ontario. 19.0 SUCCESSORS AND ASSIGNS This Contract will ensure to the benefit of and be binding upon the parties and their successors and assigns, respectively. 20.0 CONTRACT TO GOVERN If there is any inconsistency between this Contract and any Schedule to this Contract, this Contract shall govern. 21.0 ENTIRE CONTRACT This Contract constitutes the entire agreement between the Service Provider and the County with respect to the subject matter hereof and cancels and supersedes any prior understandings, undertakings, representations, warranties, terms, conditions and agreements whether collateral express, implied or statutory, between the Service Provider and County with respect thereto. 22.0 SURVIVAL All representations, warranties and indenmities given by the parties shall survive indefinitely the termination of this Contract. 23.0 SEVERABILITY If any covenant, obligation or provision thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remaining provisions or the application of each provision to persons or circumstances other than those as to which is invalid or unenforceable, shall not be affected thereby and shall continue to be valid and enforceable. 24.0 PAYMENT FOR SERVICES Payment for services shall be made upon receipt of fully supported invoice submitted to the County of Oxford Public Works Department and in accordance with the times and criteria established in Paragraphs 26 to 33 inclusive in this Contract. The format for the fmancial reporting shall be in accordance with Schedule 'C' to this Contract. 25.0 PAYMENTS TO COUNTY The Service Provider shall collect all miscellaneous water and wastewater revenues and shall remit the same to the County on a quarterly basis on or before the fifteenth calendar day in the month immediately following the quarter. Included with the payment to the County submitted by the Service Provider shall be a summary for all miscellaneous revenue. Miscellaneous revenue may include connections fees, bulk water sales, by-law infraction fines, local improvement charges, etc. 26.0 UNPLANNED EXPENSES Unplanned expenses means unanticipated expenditures that the Service Provider incurs beyond those planned for in order to address system failure, acts of third parties, replacement of collapsed sewers, repair of failed watermain, broken service connections, storm damage, or other circumstances beyond the Service Provider's reasonable control. The Service Provider shall obtain prior or approval from the County in circumstances where time permits. The County recognizes some expense will be incurred in order to stabilize emergency situations including the repair of services and roads that require immediate attention. The Service Provider will follow up with the County on the next business day to confirm action taken, planned action and approval of expenses. 27.0 BAD DEBTS (CONSUMER) Page 5 4) Collection procedures for bad debts 5) Backflow prevention 6) Water metering policies 7) Water service shutoff and reconnections 8) Water inspection costs recovered from private contractors 9) County Policy for sewer lateral maintenance 34.0 ROLLING STOCK, MAJOR EQUIPMENT The Service Provider shall purchase, lease or rent all rolling stock (trucks, etc.) and major equipment required to fulfill the operations and maintenance requirements of this Contract. However, the Service Provider will have to provide their own business case for purchase, lease or rental of this equipment to the County. The County, through the annual budgets, will only pay for the hours that this equipment is used under this Contract. The rates paid for equipment rental will be compared to the County equipment costs, industry standards and other Service Provider's rates within the County. The County may consider the purchase of rolling stock or major equipment if the equipment is to be used exclusively by the County Water or Wastewater Systems. In such an event, the equipment will be owned by the County. The Service Provider shall obtain written permission of the County to proceed with any such purchases. The County may request a business case to be presented to substantiate such a purchase. IN WITNESS WHEREOF THE PARTIES HAVE DULY EXECUTED THIS Contract on the date first above written: THE CORPORATION OF THE TOWN OF TILLSONBURG John Lessif, Mayor Kelly Coulter, Chief Administrative Officer COUNTY OF OXFORD Don McKay, Warden CAO Page 7 Schedule 'B' Services Provided (Water and Wastewater) Page 9 2.0 OPERATION 2.1 Water Distribution System Operation The Service Provider shall generally perform operations in accordance with the Town of Tillsonburg Operating Authority's Operational Plan and all policies, procedures and documents associated with the County's Drinking Water Quality Management System. Specifically the Service Provider shall: flush watermains annually. Biannual or more frequent flushing will be undertaken as required and approved by the County foam swab the water distribution system as budgeted for and approved by the County verifY the operability of all system hydrants, main valves and blow-offs following a systematic program that is recorded electronically winterize hydrants inspect all contractor and sub-contractor works paint all hydrants on a regular basis maintain properly licensed system operators meeting or exceeding all Provincial requirements repair and replace as necessary water distribution mains, water services, hydrants, valves, blow-offs, and meters as necessary maintain adequate staff for purchasing and maintaining inventory to support the operation of the water distribution system. carry out a maintenance and replacement program for residential, commercial and industrial flow meters. This program shall be documented and approved by the County carry out a backflow prevention program when developed and implemented by the County as requested assist the County in carrying out pressure tests and/or hydrant flow tests perform water quality testing 2.2 Wastewater Collection System Operation The Service Provider shall: inspect and document all manholes for infiltration and any other signs of deterioration repair manholes maintain properly licensed system operators meeting or exceeding all Provincial requirements clean by flushing wastewater collection system following a program approved by the County or as necessary in emergency conditions. The approved program will detail the frequency of flushing in certain areas and the time frame to complete flushing of the entire collection system inspect service laterals using camera or other approved means and maintain accurate records of any blockage location to enable assessment of repair costs accurately. The Page B-2 inspect and approve sewer and water installations in accordance with standards established by the County. maintain adequate financial security on behalf of the County for the completion of all water and sewer services required by subdivision or severance agreement. provide development charge eligible sewer and water infrastructure estimates for a development charge study. provide sewer and water related comments on Zone Change, Consent to Sever, Subdivision, Site Plan and Minor Variance applications. assist with obtaining easements on behalf of the County for municipal sewer and water services in new developments. 5.0 Special Programs The Service Provider shall: maintain an electronic database of sewer and water infrastructure in an ESRI's ArcMap format, georeferenced to UTM Nad83 Original coordinates 6.0 Equipment and Parts Inventory The Service Provider shall: provide or arrange for the provision of all equipment necessary to make required emergency repairs to the water and wastewater systems (i.e. backhoes, trucks, compaction equipment, video cameras, etc.). maintain an appropriate level of repair materials, tools, and equipment to make such repairs on water meters, hydrants, valves, curb stops, main stops, watermain repair sleeves, service tubing, sanitary sewer mains, manhole covers, sanitary laterals and manhole appurtenances. prepare and submit to the County for approval a report including detailed cost estimates, quotations, etc., for all equipment owned and used for the operation and maintenance of the water distribution and sewage collection systems including parts, tools, system materials and record keeping equipment. prepare and submit to the County for approval, a report including detailed cost estimates, quotations, etc., for all equipment leased or rented and used for the operation and maintenance of the water distribution and sewage collection systems including parts, tools, system materials, and record keeping equipment including but not limited to rolling stock, computers, office space, communication equipment, pickup trucks, etc. the Service Provider shall follow the Town ofTillsonburg's procurement policy for all purchases subject to this agreement. County approval is required prior to the purchase of items that are budgeted for in the amount of$25,000 or greater in value. 7.0 Recording and Reporting The Service Provider shall ensure: records shall be prepared and maintained and submitted to the County on an annual basis outlining all maintenance related and system upgrading and expansion operations. These records shall include but not be limited to visual inspections, video inspections and routine tracking systems. The records shall describe how the activities promote the maintaining of the infrastructure and shall correlate the activities to the associated costs. All records shall be ultimately the property of the County. Page B-4 RESPONSIBILITY MATRIX Sanitary Sanitary Sewer Water Pumping Water System Distribution Stations Storage (inclusive of System (inclusive of Reservoirs trunks) forcemains) Existing Systems Operations Town Town County County Capital Planning/Budgeting For Town Town County County Rehabilitation/Replacement Asset Management Town Town County County Capital Design Construction For Town Town County County Rehabilitation/Replacement Operational Policy/Bylaws/Minimum Level Of County County County County Service Standards Growth Systems Secondary Planning Town/County Town/County Town/County County EA Town/County Town/County County County Planning Applications (Zone Change, Severance, Subdivision, Town/County Town/County County County Site Plan) Capital Planning/Budgeting For System Expansion/Up-sizing Of Town Town County County Infrastructure Capital Design & Construction For System Expansion/Up-sizing Of Town Town County County Infrastructure Drawing Review (subdivisions, Town/County* Town/County* County County etc.) Calculation Of Cost Sharing (DC) Town/County Town/County County County Development Charge Calculations Town/County Town/County County County Authorization Of ECA and Form1 County County County County Water Modeling County County N/A County Design Standards/Development Town/County Town/County County County Policy *Note: County comments to scoped and hm1ted to 1mplementatwn of Development Charge projects, water modeling, and calculation of oversizing costs. Page B-6 Schedule 'D' Insurance Requirements BILLING AGREEMENT THIS AGREEMENT is made and entered into this ___ day of _____ , 2012. Between: THE CORPORATION OF THE TOWN OF TILLSONBURG a corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Provider'' -and- COUNTY OF OXFORD a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Client" WHEREAS the Provider has established a utility billing and call centre service (herein referred to as the "Service"); AND WHEREAS the Client wishes to subscribe for and receive the Service on the terms and conditions set forth in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1.0 PROVISION OF SERVICE 1.1 Description of Service. The Provider agrees to implement and maintain the Service for the Client as described in Schedule "B" annexed hereto. 1.2 Provider's Representations and Warranties. The Provider hereby represents and warrants to the Client that: (v) is in complete compliance with all applicable affiliate relationship codes established by the Ontario Energy Board; (e) this Agreement has been duly executed and delivered by the Provider and constitutes legal, valid and binding obligations of the Provider enforceable against the Provider in accordance with its terms; (f) the Provider has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable the Provider to grant to the Client each and all of the rights, licences, sub licences and authorities which are being granted by the Provider to the Client pursuant to and in accordance with this Agreement; (g) there are no existing restrictions or constraints on the Provider's right and ability to deliver the Service in accordance with this Agreement or on its right to use the System Software in connection therewith; Each and all of the representations and warranties of the Provider contained in this Section 1.2 and elsewhere in this Agreement shall be deemed to be made and given continuously throughout the Initial Term and the Renewal Term during which this Agreement is to continue and shall be deemed to have been relied on by the Client continuously throughout the Initial Term and the Renewal Term. 1.3 Client's Representations and Warranties. warrants to the Provider that: The Client hereby represents and (a) the Client has been duly incorporated and organized and is a validly subsisting municipal corporation under the laws of the Province of Ontario and the Client has all requisite corporate power and authority to own, lease and operate its properties and assets and to carry on its business as now being conducted; (b) no Event of Insolvency has previously occurred or presently exists in respect of the Client (and, as used herein, "Event of Insolvency" has the same meaning as is given thereto in Section 7.1 hereof); (c) the Client has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, (c) the Provider shall do all such acts and things to ensure that its representations and warranties which are set forth in Section 1.2 hereof remain fully true, accurate and correct. 2.0TERM 2.1 Initial Term. The initial term of this Agreement shall commence on January 1, 2011 (the "Effective Date") and shall, unless terminated at an earlier date by either of the parties hereto in accordance with the applicable provisions of this Agreement, continue in full force and effect for a one year term (the "Initial Term"). 2.2 Renewal Term. This Agreement will automatically be renewed for successive one (1) year periods unless either party provides the other party with no less than ninety (90) days written notice prior to the end of the Initial Term or applicable renewal period (each, a "Renewal Period" and collectively with the Initial Term, the "Term"). 3.0 COMPENSATION 3.1 Fee for Providing Service. As payment in full to the Provider for its providing the Service to the Client upon and in accordance with this Agreement, the Client hereby agrees that it shall pay to the Provider fees in the amounts and upon the terms and conditions outlined in Schedule "C" annexed hereto (the "Fees"). 3.2 Additional Services. If, at any time and from time to time, the Client shall request the Provider to provide any Additional Services (and, as used in this Agreement, "Additional Services" means services which are not included in the services and other matters described in Schedule "B" annexed hereto but which the Provider has the resources and ability to provide), the Provider shall, promptly following its receipt of such request, provide the Client with a written estimate of the cost of providing to the Client the Additional Services so requested by the Client and the Client must approve the estimate so given to it by notice in writing to the Provider prior to the Provider commencing to provide the Additional Services so requested. 3.3 For the purposes of this Section 3, "CPI" means the consumer price index for "All Items" published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. On every anniversary of the Effective Date during the Term (each a "Change Date"), the Fees shall escalate by the average of the annual such means as are reasonable having regard to all then prevailing facts and circumstances, to prevent the disclosure, and to protect the confidentiality of, the other party's Confidential Information. 4.3 Permitted Disclosure of Confidential Information. A Receiving Party shall not disclose any of the Confidential Information of the Disclosing Party without the prior written consent of the Disclosing Party (which consent may be withheld by the Disclosing Party in its sole discretion), provided that the Receiving Party may disclose the Disclosing Party's Confidential Information to the Receiving Party's legal counsel and other professional advisers and the Receiving Party's directors, officers, employees and contractors, but only if and to the extent that such recipients need to have access to such Confidential Information for the purposes of enabling or assisting the Receiving Party to exercise its rights and to carry out and perform its duties and obligations under this Agreement. A Receiving Party, before making any such permitted disclosure, shall advise each such legal counsel, professional adviser, director, officer, employee and contractor of the confidentiality obligations set forth in this Article 4.0 and of the need to fully comply therewith. Compliance by each such legal counsel, professional adviser, director, officer, employee and contractor with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining such Person. Notwithstanding the foregoing but subject to Section 4. 7 hereof, the Provider may disclose to such other Persons including, without limitation, the Ontario Energy Board and the Independent Electricity Market Operator, those and only those portions of the Client's Confidential Information that the Provider is required by law to disclose in order to carry out and perform its duties and obligations under this Agreement. 4.4 Exclusions from Confidential Information. Notwithstanding the foregoing, for the purposes of this Agreement, Confidential Information shall not include any information that: (a) is or becomes generally available to the public in circumstances which did not involve a breach of any of the provisions of this Article 4.0; (b) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party, provided that, to the knowledge of the 5.0 NON-SOLICITATION OF EMPLOYEES 5.1 Non-Solicitation of Employees. During the term of this Agreement and for the period of one (1) year thereafter neither party hereto shall, without the prior written consent of the other party hereto (which consent may be withheld by such other party in its sole discretion),employ, engage, recruit or solicit for employment or engagement, or endeavor to entice away from such other party or any of its affiliates (or cooperate with others in soliciting, hiring, enticing) any Person who then is or, at any time during the one-year period immediately prior to the making of such solicitation or endeavor, was employed by either such other party or any of its affiliates, or otherwise interfere with or seek to influence or alter such Person's relationship with such other party or any of its affiliates. 6.0 FORCE MAJEURE 6.1 Force Majeure Event. Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its duties and obligations under this Agreement (other than an obligation to pay money) if such delay or non-performance is due to any cause beyond its control and which did not occur by reason of the default, negligence or wilful act of the Provider including, but not limited to, any act of God, flood, drought, lightning or fire, wide scale power interruption, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, plague, military operations or riot, and any act, omission or decision of a government ("Force Majeure Event"). 6.2 Occurrence of a Force Majeure Event. If either of the parties hereto shall become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any such failure or delay to perform its duties and obligations under this Agreement, it shall immediately give written notice to the other party hereto and such notice shall set forth reasonable details of the Force Majeure Event in question and the period of time which it is estimated that such failure or delay shall continue. The parties hereto shall, as soon as reasonably practicable following the making of such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to agree to a commercially reasonable plan to remedy or overcome any problems arising from the Force Majeure Event. or breach to the reasonable satisfaction of the Client within twenty one (21) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Provider shall have commenced and diligently proceeded to cure such default or breach within such twenty one (21) day period, the Provider shall have one further period of fifteen (15) days in which to cure such default or breach; or (c) an Event of Insolvency shall have occurred in relation to the Provider, then (and without limiting any right of the Client to terminate this Agreement which is set forth elsewhere in this Agreement) the Client shall have the right to terminate this Agreement, which termination shall be effective immediately upon the Client giving notice in writing to that effect to the Provider (provided that, such termination shall in no way prejudice or otherwise affect any rights or remedies which the Client may then otherwise have against the Provider at law or in equity). 7.4 Termination of Agreement by the Provider for Breach by the Client. In the event that: (a) the Client shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within 30 days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the making of such payment; provided that, the foregoing shall not apply to any amounts which the Client has been invoiced and is legitimately and bona fidely disputing its liability to pay; (b) the Client shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.4(b) shall arise only if the Client shall fail to fully cure such default or breach to the reasonable satisfaction of the Provider within twenty one (21) days following 8.2 No Liability for Consequential Damages. The parties agree that in no case shall the Provider or the Client be liable for any loss of business, consequential or indirect damages. 9.0 INDEMNIFICATION 9.1 Indemnification by the Provider in favour of the Client. (a) The Provider shall, and does hereby, indemnify, defend and hold harmless the Client and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a "Client Indemnitee") from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers' fees and reasonable disbursements in connection therewith) (each, an "lndemnifiable Loss") which may be asserted against or suffered by each Client Indemnitee relating to, or in connection with, or resulting from or arising out of any negligence or willful misconduct of the Provider, its employees or any authorized representatives, including any of its third party contractors, consultants, agents or advisors, in performing the Provider's duties and obligations under this Agreement. For greater certainty, in the event of contributory negligence or other fault of a Client Indemnitee, such Client Indemnitee shall only be indemnified hereunder in the proportion that the Client Indemnitee's negligence or fault did not contribute to the lndemnifiable Loss in respect of which indemnity is then being sought. (b) The Client shall, for all purposes, be deemed to hold the provisions of subsection 9.1 (a) hereof that are for the benefit of the Client lndemnitees that are not a party to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Client Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is otherwise entitled under this Article 9.0, the Provider hereby agrees that the Client shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place 9.3 Indemnification Procedure. (a) If a Person entitled to indemnity under Section 9.1 or Section 9.2 hereof (such Person being sometimes referred to in this Section 9.3 as the "Indemnified Party") wishes to assert a claim for indemnity against a Person liable to it under Section 9.1 or Section 9.2 hereof (such liable Person(s) being sometimes referred to in this Section 9.3 as the "Indemnifier"), it can only do so by giving a notice in writing (a "Claim Notice") to the Indemnifier as soon as is reasonably practicable, which Claim Notice must provide reasonable particulars of the details of the lndemnifiable Loss for which indemnity is then being sought and the amount thereof, such amount being herein called the "Indemnity Amount". (b) The Indemnifier shall have the period of twenty one (21) days following its receipt of such Claim Notice (such period being herein called the "Cure Period") in which to cure or rectify, at its sole cost, the matters for which indemnity is being sought, as specified in such Claim Notice, and the Indemnifier shall forthwith do all that is reasonably within its power to do so as to cause or effect such cure or rectification; and, if the matter for which indemnity is sought: (i) has been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, on or prior to the expiration of the Cure Period, the Indemnifier shall have no further liability to the Indemnified Party in respect thereof; or (ii) has not been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, prior to the expiration of the Cure Period, the Indemnifier shall, forthwith upon the expiration of the Cure Period, pay to the Indemnified Party the amount payable in respect of that matter pursuant to this Article 9.0. 10.0 REMEDIES FOR BREACH 10.1 Application for Court Order. If a party hereto is in breach of or in default under this Agreement, the other party hereto (if itself is not in breach of or in default under this Agreement) shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the party hereto in breach/default from continuing the activity (d) Should the parties commence arbitration pursuant to this Section 11.2, the following rules shall apply: (i) the arbitrator shall be bound by the terms of this Agreement and may not detract from or add to its terms; (ii) the parties hereto may by mutual written agreement specify the rules that are to govern the arbitration proceedings and limit the matters to be considered thereat; and (iii) the findings and award of the arbitrator shall be final and conclusive and shall be binding upon the parties hereto and shall not be subject to appeal. (e) Subject to Section 10.1 hereof, each of the parties hereto agrees that it shall not bring a lawsuit concerning any dispute covered by the arbitration provisions of this Section 11.2. 12.0 NOTICES 12.1 All notices and communications sought or, by the terms hereof, required to be given by one party hereto to another shall be given in writing by personal delivery (which delivery may be effected by depositing the notice or communication in question with a responsible courier service for delivery (courier charges fully prepaid) to the addressee thereof}, by registered/certified mail (postage fully prepaid) mailed from anywhere within the United States or Canada, or by telecopier, delivered, addressed or telecopier to such other party at the address/telecopier number specified for such party in Schedule "A" annexed hereto (or at such other address and/or telecopier number as may be given by a party hereto to the other by notice in writing from time to time) and such notices or communications shall be deemed to have been received, if sent by personal delivery, upon delivery, if transmitted by telecopier, upon the completion of its transmission or, if sent by registered or certified mail, four days following the day of the mailing thereof; provided that, if any such notice or communication shall have been mailed and if regular mail service shall be interrupted by strikes or other irregularities, such notice or communication shall be deemed to have been received four (4) days following the resumption of normal mail service. with respect thereto. There are no representations, inducements, promises, statements of intention or agreements, oral or written, among the parties hereto not embodied herein which are of any force or effect with reference to this Agreement or the subject matters hereof. 13.7 Further Assurances. Each party hereto agrees that, forthwith upon the written request of the other party hereto, the party so requested shall execute and deliver such further documents, cause such resolutions to be passed, exercise his vote and influence, and otherwise do and perform and cause to be done and performed any and all such further acts and things as are within his reasonable power to do and as are reasonably necessary or desirable in order to give full effect to each and every part of this Agreement and the matters herein provided for. 13.8 Independent Legal Advice. The parties acknowledge and agree that they have both had the opportunity to seek and obtain independent legal advice in respect of this Agreement, and the parties hereto acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution and delivery. 13.9 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Except as otherwise set forth herein, the parties hereto shall submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute arising under this Agreement. 13.10 No Partnership. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties hereto partners in the conduct of any business or otherwise. 13.11 Severability. Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction for any reason whatsoever shall, as to such jurisdiction only, be ineffective and severable from this Agreement to the extent of such invalidity, prohibition or unenforceability but such invalidity, prohibition or unenforceability shall not invalidate or otherwise affect the remaining provisions of this Agreement nor shall it affect the validity or enforceability of such provision in any other jurisdiction. 13.15 Schedules. Each Schedule shall form an integral part of, and be subject to the terms and conditions of, this Agreement. Without limiting the generality of the foregoing, unless otherwise set out in a Schedule, all capitalized terms used in a Schedule shall have the meanings given to such terms in the main body of this Agreement. 13.16 Conflict of Provisions. In the event of any conflict or inconsistency between the provisions contained in the main body of this Agreement and the provisions of any Schedule hereto, the provisions of the main body of this Agreement, and not such Schedule, shall prevail and govern to the extent of such conflict or inconsistency. 13.17 Construction Principle. The principle of construction whereby, if words of a contract are ambiguous, they should be interpreted against the author of the words and not against the other party, shall not apply. 13.18 Currency and Withholdings. All dollar amounts expressed in this Agreement are expressed in Canadian Dollars and all payments contemplated by this Agreement shall be made in Canadian funds, all of which payments shall be subject to all such withholdings and other deductions as may be required by all applicable laws and regulations. 13.19 Time of Essence. Time is and shall be of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement shall operate as a waiver of this provision. 13.20 Calculation of Time Periods. When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference date in calculating such period shall be excluded. If the last day of such period is a not a Business Day, the period in question shall end on the next Business Day. 13.21 Cumulative Remedies. Each of the parties hereto acknowledges and agrees that all remedies which it may have at law and in equity are cumulative and that the election of a party hereto to pursue any one or more remedies available to it shall not prevent it from pursuing any other remedies which may be available to it. SCHEDULE "A" to the Billing Agreement 1. If to the Client, at: County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock, Ontario N4S 7Y3 (519) 539-9800 (519) 421-2207 GAO 2. If to the Provider, at: Town of Tillson burg 200 Broadway Street Suite 204 Tillsonburg ON N4G 5A 7 (519) 842-9431 (519) 688-3009 GAO NOTICES (full/ega/ name of company) (full mailing address) (telephone number) (fax number) (contact name) (position) (full/ega/ name of company) (full mailing address) (fax number) (telephone number) (contact name and/or position) a) final readings b) locates c) water quality d) rate inquiries e) high water consumption concerns f) leaking water meters g) requests for remote meters h) any miscellaneous water calls xi. reporting-provide electronic monthly water and sewer statistics 3. The Provider shall remit payment for water and sewer revenues billed for the month by the fifteenth working day of the following month, less the cost of per customer fee and a 1% holdback of total revenues for adjustment of bad debts. Bad debt amounts will be reconciled annually. 4. The Provider shall send to the customer one piece of communication per year (inserts to be supplied by the Client according to the Town of Tillsonburg specifications); all communications to be mutually agreed to. 5. Any special billings and/or additional communications will be billed in addition to the normal fee at an amount negotiated with the Client. 25 Fee Structure Table: January 1 to December 31, 2011 January 1 2012 to December 31, 2012 Metered Water Service Metered Water Service Flat Rate Service 27 $3.83 Per Bill plus extra meter reading costs of $5,500 $3.85 Per Bill $2.95 Per Bill THE CORPORATION OF THE TOWN OFllUSONBURG BY-LAW NUMBER 3647 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND THE COUNTY OF OXFORD FOR WATER AND SANITARY SEWAGE -OPERATIONS/ENGINEERING SERVICES CONTRACT WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with the County of Oxford; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "I\' forms part of this by-law; 2. THAT the Mayor and CAD be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 10" DAY OF SEPTEMBER , 2012 READ A THIRD AND FINAL TIME AND PASSED THIS 10" DAY OF SEPTEMBER, aJ12 MAYOR -John Lessif CLERK-Donna Wilson DATE: TO: FROM: SUBJECT: BY-LAW EXECUTIVE SUMMARY REPORT PRS 12-03 September 10, 2012 Kelley Coulter, Chief Administrative Officer Janet McCurdy, Acting Director of Parks & Recreation Services EXECUTIVE SUMMARY TO BY -LAW 3645 TO AUTHORIZE REPRESENTATIVE AGREEMENTS WITH FUNERAL HOMES RECOMMENDATION RESOLVE THAT Council receive Executive Summary Report PRS 12-03 as information; AND FURTHER RESOLVE THAT By-Law 3645 to authorize representative agreements be brought forward for Council consideration. PURPOSE To provide background on authorized representative agreements and to obtain Council endorsement of By-Law 3645, to authorize representative agreements with funeral homes. HISTORY & DISCUSSION The proclamation of the Funeral, Burial and Cremation Services Act (FBCSA) has brought changes to documents and paperwork associated with the sale of cemetery rights, services and supplies including; • Disclosure of information associated with the sale of licensed cemetery services over $250 (at-need and pre-need) For the most part cemeteries have historically requested the written permission of the rights holder in order to authorize a burial opening and closing. The service was paid for by the family or as a disbursement through the funeral establishment. The cemetery would then issue a receipt to the family or funeral establishment (as the case may be) acknowledging receipt of payment. Under the FBCSA, the opening and closing of an interment right is deemed to be a licensed cemetery service. As the value of the service is over $250, the Cemetery Operator must begin issuing contracts to the Purchaser of the service, such as funeral homes. This By-Law authorizes these contracts to ensure compliance with the Funeral, Burial and Cremation Services Act (FBCSA) FINANCIAL IMPACT/FUNDING SOURCE No Financial Impact PREPARED BY: Donna Wilson, Clerk APPROVED BY: Janet McCurdy, Acting Director of Parks & Recreation Services Date: August 28, 2012. AUTHORIZED REPRESENTATIVE AGREEMENT .. · . TillS AGREEMENT made as of the «day» day of «month», «yean>. BETWEEN: of «~era\ Home's full legal namim Street _______ ,, Ontario, • . (the "Funeral Home") City/Town Postal Code AND of ·«Cemetery's Mt le;I name»·---Street ~~-----.·' Ontario, (the "Cemetery") City/Town Postal Code WHEREAS the Cemetery is licensed to operate a Cemetery pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who a:re licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-ex~lusive sales representatives for the Services, s-Ubject to the terms and conditions set forth in this Agreement NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Appointment of Authorized Sales Representatives Subject to the terms of this Agreement, the Cemetery hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives") to act as non~ -exclusive sales representatives for the sale of the Services. -3- 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party With thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General (a) Severabili:J;y. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without the express written consent of Cemetery. · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrob~t files, each of which shall constitute an -original and all of which, taken together, shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES 'xfgrdCount}:. growing stronger. .. together Public Health & Emergency Services 410 Buller Street, Woodstock Ontario N4S 4N2 Phone: 519-539-9800 • Fax: 519-539-6206 Web site: www.oxfordcountv.ca/health August 15, 2012 Town of Tillsonburg 200 Broadway Street Tillsonburg ON N4G 5A7 Dear Sir or Madame: Oxford County Public Health & Emergency Services would like to utilize the Lions Auditorium at the Tillson burg Community Centre on October 23, October 30, November 6, and November 131h, 2012 for the Community Influenza Clinic. This clinic will offer the residents of Tillsonburg and surrounding area an opportunity to receive their annual flu vaccination. Please consider waiving the fee associated with the Auditorium rental since Oxford County Public Health is using the facility to promote the wellbeing of those who work or live in Oxford County. Thank you for your consideration of this request. Feel free to contact me if you have any questions or concerns. Sincerely, Joanne Andrews, RN BScN Program Supervisor, Health Protection September 6, 2012 Kelly Coulter, MPA, CGA Chief Administrative Officer Town ofTillsonburg 200 Broadway i'lllsonburg, Ontario N4GSA7 DearKeltv: tONOON DISTRICT CathoHc school BOARD RE: Lqndqn District catholic School Boarcl Further to your dbcussions with representatives of Ameresco canada Inc., I am writing to you on behalf of the Board to seek the Town of Tillsonburg's support and endorsement for our proposed "Rooftop Solar Installation" at St. Joseph Catholic Elementary School on Frances Street in Tlllsonburs. As you are aware, this project Is a joint venture between the Board who owns the aforementioned building and Ameresco canada Inc. who Is desJcnlng, building and maintaining the solar installation. Part of the OPA's Micro-fit Application process is such that we require attaining the Municipality's endorsement in order that our OPA Application is approved. It would be greatly appreciated If you could submit our request for Municipal support/endorsement to Council in order that the Board is successful In getting OPA approval for a project that provides many benefits within the entire community In Tlllsonburg. Thank you very much for your consideration and I look forward to receMng a favorabte response from the Town of Tlllsonburg in the very near future. If you have any questions, do not hesitate to contact ·me. §.£.,.~_:__~ CATHOLIC EDUCATION CENTRE Mailing Address: P.O. Box 5474, N6A 4X5 5200 WELLINGTON RD. S.,c.N6E 3X8 London, Ontario Canada Fax (;51 ~i663M9250 Tel (,519) 663-2086 THE CORPORATION OF THE TOWN OF TIU.SONBURG BY-LAW NUMBER 3644 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND THE TILLSON BURG GOLF AND COUNTRY CLUB LIMITED. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with the Tillsonburg Golf and Country Club Limited. THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "1" forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached agreement marked as Schedule "1" on behalf of the Corporation of the Town ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 13day of August, ~2. READ A THIRD AND FINAL TIME AND PASSED THIS 10 day of September, ~2. MAYOR-John Lessif CLERK-Donna Wilson a. The transfer shall take place on the Closing Date; b. The Town shall not provide any warranties whatsoever for any reason including any and all environmental warranties; c. The TGCC shall accept title "as is" and "where is" and shall accept all easements of any kind, rights-of-way, fitness for purpose, drainage agreements (if any), encroachments and condition of the Golf Course Lands. d. Notwithstanding the foregoing the TGCC shall not accept title for the following: any mortgage, lien, encumbrance or charge. e. The TGCC shall accept all agreements, arrangements and regulations from the Ministry of Natural Resources, Ministry of Environment, Long Point Conservation Authority and any other governmental or municipal body with respect to the Golf Course Lands; f. The Town shall provide a deed with respect to the Golf Course Lands on the Closing Date and the TGCC shall accept the legal description as Parts 1, 3-16 on Plan 41R-8815; g. The TGCC shall be allowed until 5 p.m. on the 7th day of September 2012 to examine the title to the Golf Course Lands at its owri expense to satisfy itself that there are no encumbrances, mortgages or charges that affect the property. h. The Town shall not provide any warranty that the present use may be lawfully continued other than in accordance with paragraph B(3)(k). i. All buildings on the Golf Course Lands are at the TGCC's risk. j. The TGCC shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of the Town; k. TGCC acknowledges that the Golf Course Lands do not include the Young Street Lands; I. TGCC agrees that if a portion of the Golf Course Lands is in the Registry System it shall not call for, demand or request that such portion be converted into Land Titles; m. In consideration of the closing of this transaction the TGCC agrees on or before closing to provide an undertaking that it and its successors in title shall not interfere with. obstruct or block in any manner the bridge and/or Definitive Agreement August 3, 2012 g. The Town shall accept all agreements, arrangements and regulations from the Ministry of Natural Resources, Ministry of Environment, Long Point Conservation Authority and any other governmental or municipal body with respect to the Borden Crescent Lands; · h. The TGCC shall provide a deed for the Borden Crescent Lands and the Town shall accept the legal description as Parts 1, 2, 3 and 4 on Plan 41R-8799; i. The Town shall be allowed until 5 p.m. on the 7th day of September 2012 to examine the title to the Borden Crescent Lands at its own expense to satisfy itself that there are no encumbrances, mortgages or charges that affect the property. j. The Town shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of the TGCC. k. In consideration of the closing of the transaction the Town agrees that on or before closing it shall provide an undertaking that it shall not interfere with the drainage pipe of the TGCC located on Part 3 of Registered Plan 41 R-8799 (the "Pipe") which drains water from the Old Golf Course Lands through the Borden Crescent Lands. The Parties agree that TGCC shall be solely responsible for the maintenance, repair and replacement of the Pipe. If an easement for said Pipe is required to be registered on title the TGCC shall obtain and pay for such registration and the Town consents to sign such documentation to register the easement as required. 4. The Parties agree that the following terms and conditions apply to transfer of the Golf Course Lands and the Borden Crescent Lands: a. Where the transaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Parties acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries") and the release thereof to the Seller and Buyer will (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between ttie said lawyers. The Parties irrevocably instruct the said lawyers to be bound by the document registration agreement between the said lawyers. The Parties Definitive Agreement August 3, 2012 any and all claims, liabilities, penalties, interest, costs and legal and other expenses incurred, directly or indirectly, in connection with the assessment of HST payable in respect of the transaction contemplated by this Agreement The Parties agree that if HST was payable on this transaction then HST is in addition to the Purchase Price. 9. Notwithstanding any other term of this Agreement, the Parties agree to work together to reflect the actual value of the transfers for the purposes of Land Transfer Tax in the best interests of both the Parties and to minimize Land Transfer Tax if permissible. 10. The Town acknowledges that on the Closing Date upon the transfers of the Borden Crescent Lands and the sum of $191,050.00 it shall deem the debts of the TGCC to the Town in amounts of $28,000.00, $450,000.00 and $131,543.00 are satisfied. The Parties further agree that the Young Street Lands were originally not intended to be severed from the Golf Course Lands and therefore the Town retaining the Young Street Lands forms part of the consideration for the satisfying the aforesaid debt owing by the TGCC to the Town. D. EASEMENTAGREEMENT 11. The Parties agree that prior to the Closing Date they shall execute a blanket easement in a form as attached as Schedule "C" to this Agreement (the "Easement Agreement"). TGCC agrees that on the Closing Date it shall register the Easement Agreement against the title to the Golf Course Lands and the Old Golf Course Lands consistent with Ontario registry land terms. The Easement Agreement will provide full easement rights for the Golf Course Lands and over Parts 5 and 6 on 41 R-8799 on the Old Golf Course Lands. 12. TGCC covenants and warrants that: a. The Easement Agreement shall be executed by all current mortgagees of the Golf Course Lands and Old Golf Course Lands and shall obtain the consent of any future mortgagees; b. The Easement Agreement shall bind all future mortgagees, assigns, transferees and successors in title of the Golf Course lands and Old Golf Course Lands. E. COVENANTS OF THE PARTIES 13. The TGCC covenants and warrants that: Definitive Agreement August 3, 2012 ii. remove any bushes or vegetation except such weeds or vegetation are noxious or hazardous or obstruct the Carroll Trail; iii. spray any toxins except as required to control aRy noxious or hazardous weeds or plants or required for the maintenance of the Golf Course; and, iv. place any substance on the Golf Course Lands or Old Golf Course Lands that would be contrary to any act, by-law, regulation whether federal, provincial or municipal; h. the maintenance and repair (including the determination of the standard of maintenance and repair) of the Unshared Carroll Trail shall be the sole responsibility of the Town; i. the Town retains the right of preapproval for any works, modifications, maintenance including benches and other ancillary items on any and all portions of the Carroll Trail; j. it shall diligently complete all maintenance and repair (to the standard as required by any statute, regulation, by-law and/or common law) to the Shared Carroll Trail without contribution from the Town; k. The Parties agree that for the purposes of this Agreement the Carroll Trail includes benches, refuse containers and bridges. The Parties further agree that all bridges are located on the shared portion of the Carroll Trail; and, I. If any proceeding is brought by any mortgagee of the TGCC (or its successors, assigns or amalgams) due to any alleged default by the TGCC and such proceeding is for any order of possession, power of sale or foreclosure then TGCC shall provide notice of such action, foreclosure and/or power of sale to the Town and permit the Town to remedy such default upon such terms as agreed between the Town and TGCC. TGCC further covenants that it shall provide notice to the Town of any written notice of default by any mortgagee within five (5) business days of receiving such notice of default by the mortgagee. 14. Except as otherwise stated, all covenants and warranties of the Parties contained in this Agreement shall survive the Closing Date and shall continue in full force and effect from Closing Date for an indefinite period. The Vendor shall provide on the Closing Date a certificate that such covenants as contained in this Agreement that shall survive closing and ·not merge with closing. Definitive Agreement August 3, 2012 a. TGCC is incorporated and organized and validly existing and in good standing under the laws of the Province of Ontario. b. The Parties have all necessary corporate power (as the case may be), authority and capacity to enter into this Agreement a net to perform its obligations hereunder: the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of TGCC and the Town. c. The Parties are not a party to, bound or affected by or subject to any indenture, mortgage, lease, agreement, instrument, charter or by-law provision, statute, regulation, order, judgment, decree or law which would be violated, contravened or breached by, or under which any default would occur as a result of the execution and delivery by it of this Agreement or the consummation of the transactions contemplated hereby, except as disclosed in this Agreement. d. This Agreement constitutes a valid and binding obligation of the Parties enforceable against them in accordance with its terms provided that enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other similar laws generally affecting enforceability of creditors' rights and that equitable remedies such as specific performance and injunction are in the discretion of the court from which they are sought. e. TGCC is not a non-Canadian within the meaning of the Investment Canada Act. f. No governmental or regulatory authorizations, consents, approvals, filings or notices pertaining to the Parties are required to be obtained or given or waiting period is required to expire in order that the Borden Crescent Lands or Golf Course Lands or Easement may be consummated by the Parties or for the Parties to carry out its obligations set out in this Agreement. g. That the Parties have relied upon their own, or its agents, financial advisors or legal counsel, inspections of title to Golf Course Lands and Borden Crescent Lands; and, h. Shall honour the TCGG and Town Trail Maintenance Agreement including the Toboggan Hill Agreement, if any; Definitive Agreement August 3, 2012 200 Broadway Tillsonburg, ON N4G 5A7 with a copy to the Solicitor for the Town at: Mandryk, Stewart & Morgan 65 Bidwell Street Tillsonburg, ON N4G 3T8 to the Purchaser at: 101 John Pound Road Tillsonburg, ON N4G4H3 with a copy to the Solicitor for the Purchaser at: Gibson, Bennett, Groom & Szorenyi 36 Broadway Tillsonburg, ON N4G 3P1 19. This Agreement, including the Schedules and MOU, together with the agreements and other documents to be delivered pursuant hereto, constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, leases, understandings, negotiations and discussions, whether written or oral, of the parties hereto and there are not warranties, representations or other agreements between the parties in connection with the subject matter except as specifically set forth or referred to herein. No amendment, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. This agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario. Each of the parties hereto hereby irrevocably submits and attorns to the jurisdiction of the courts of the Province of Ontario. Any action brought for the interpretation of this Agreement or the enforcement of any term of this Agreement shall be brought at the City of Woodstock, in the County of Oxford. Definitive Agreement August 3, 2012 We~ve authority to bind the Corporation. The Corporation of the Town of Tillsonburg Per: Mayor Chief Administrative Officer We have authority to bind the Town Definitive Agreement August 3, 2012 SCHEDULE "A" MOU Definitive Agreement August 3, 2012 11.07.11 purpose and conservation issues. The TGCC shall accept the current legal description of the Golf Course Lands. 2. Shall severe lands to be conveyed unencumbered to the Town for no consideration on or before February 28, 2012 being that portion of the current.TGCC property that is located south of Baldwin Street to the north of John Pound Road and immediate west of Borden Crescent within the confines of the Oxford County Official Plan and the Town of Tillsonburg Zoning By-law as per the agreed survey with appropriate setbacks as outlined out on Schedule "B" (the "Borden Crescent Lands"). The Town shall accept the Borden Crescent Lands "as is" and "where is" with absolutely no warranties of any kind whatsoever including, but not limited to, environmental issues, easements, encroachments, rights of way, fitness for purpose, conservation issues and quality of purpose use. 3. Shall pay to the Town the sum of $191,050 of the $267,000 as highlighted within Schedule A, Section 4 comprising approximately 66 acres and defined in By-law#3418. 4. Shall not object, block, hinder or delay the severance and building of lots on the Young Street Lands. 5. Shall provide full easement rights for the joint TGCC and Carroll Trail lands that are located on the Golf Course Lands and the current TGCC property. TGCC shall enter into an blanket easement agreement on or before January 31, 2012 (the "Easement Agreement"), which shall be registered on title to the current TGCC lands and Golf Course Lands, whereby the current use of the Carroll Trial lands and shared TGCC trial shall be freely used by the general public in accordance to its current use as a parkland/trail and such easement agreement shall be in perpetuity to bind the assigns and successors of he TGCC. The Parties shall define the width of the Carroll Trail and the Carroll Trail shall include all benches, refuse containers and the surrounding lands that such ancillary items occupy. 6. Shall prepare and execute all documentation, satisfy all conditions of the severance (if any) and shall solely pay all costs of such severance, including, but not limited to, surveying, legal, registration and application costs for obtaining the severance,. satisfying all conditions of the severance and transfer relating to the Borden Crescent Lands. The TGCC shall obtain the severance and transfer the Borden Crescent Lands to the Town no later than February 28, 2012. The Parties agree that the transfer of the Borden Crescent Lands may not necessitate a severance pursuant to section 50(3)(c) of the Planning Act. 7. Covenant that it shall honour the preexisting TCGG and Town Trail Maintenance Agreement including the Toboggan Hill as attached to this MOU as Schedule C. The TGCC agrees that the Town Trail Maintenance Agreement including the Toboggan Hill shall be registered on title to the current TGCC lands and Golf Course Lands. 8. Execute the Easement Agreement to be prepared by the Town in accordance with the terms of the MOU along with such other terms to affect the purpose as stated in paragraph 5 of the MOU and permit the Easement Agreement to be registered on title with the consent of present and future mortgagees, by February 28, 2012 consistent with the Ontario Registry terms and conditions. 9. The TGCC covenants to retain and not transfer, convey, gift or sell the Golf Course Lands as acquired by this MOU for a minimum of thirty-six (36) months and continue to the best of its ability to operate as a going concern. 11.07.11 5. Upon receipt of $191,050 as identified in paragraph 3 of the covenants of TGCC and conveyance of the Golf Course Lands approximately 66 acres and registration of the Easement Agreement the long term debt with the TCGG shall be deemed to be satisfied in full. 6. Shall obtain full easement rights for the joint TGCC and Carroll Trail lands that are under the ownership ofTGCC by January 31, 2012 pursuant to the Easement Agreement. 7. Shall be responsible for the legal and survey costs for the creation and transfer of property deeds as they relate to the Young Street Lands. 8. Shall honour the TCGG and Town Trail Maintenance Agreement including the Toboggan Hill a~ defined in Schedule C. 9. Shall assume all future property taxes for all properties transferred to the Town pursuant to this MOU. I 0. Shall pay the debt reduction penalty deemed by the Ontario Infrastructure Partnership Corporation fee which is undetermined at the writing of the agreement. 11. Agrees that there is no tax abatement, deferral or relief is contained in this agreement. 12. Agrees that the lands known as the Carroll Trail that are not part of the Golf Course Lands remain within the ownership of the Town. Notwithstanding any other term of this MOU, the Parties recognize that although the transfers of lands as listed in this MOU are for no consideration nevertheless the transfers may reflect other consideration and as such may be subject to Land Transfer Tax therefore the Parties agree to work together to reflect the actual value of the transfers for the purposes of Land Transfer Tax in the best interests of both the Parties. The Parties agree that more formal and definitive agreements shall be required in order to carry out the terms and spirit of this MOU. Such formal definitive agreements may modify the implementation of the structure of this MOU. SIGNED in the presence of: We have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF TILLSONBURG ~.M•ym ·5[ / . 7. ~:···>t~ L,/. . ac. . (_~-\ .,. .... Chief Administrative Offic~~ We have authority to bind the Town @Tillson burg C.otf And Country Club (MPACJ The Tlll~onburg Golf And (OLlntry Club, Umlted (Registry) (D Tillsonburg Town [MPAC) TheCorpor.mon Oflhe Town Oflil!sonburg (Registry) 8 Transpo~atlon Ministry (MPACJ (Her MiiJeS\yThf' Queen In Right Of The Province Of Ontcmo, Represented 9yThe Minister Of Htghw<~y~) (Registry) eProvlnc~ Of Ontario Minister Of Energy And lnfrastrucwre IMPAC) (Her Ma,estyTh~~:Queen In Right Of The ProvlnceOfOntano, Represented By The Minister Of Government Servkes) iRegi~t.ry) @O>:fo!dCounty(MPACI The Corporation Of The Ceunt:/ Of Oxford !Registry} ® AoadOrStr~ {MPACl PubliC Authority Having Jurisdictton !Regtstry) ® Una1l.essed (MPACl /Young, RobertJ. (Registry) @ tsradmega Inc. (MPAC, Registry) ~ Seventy Healty Ltd CMPAC. ~eglstrvl t..9 Craig, John Gordon {MPAC. Registry) -Prlvate/ResldE"ntlal ~~;-~~ Privdte/Cummerccal <til®®®@, ~;~:~~h~TH:~~~g"~f?J~;(ountry Club, Limited (MPACJ RegiS1ered Owners: ~~~:!~\~~~~=:~r\~~~;~:ry) ~ ~u'~~~~~~~~i:~~:~~~unsdlct!on {ReqiStrYI @The Corporation Of The Town OtTIIIsonburg iRcgtstry) w+, s ~Oilf.c-rmburt5 ====a·. • tk••I.Jirf'-• ~-f:ordCi)uuiy . . ~ WOll'illfi; ~1<~11~:" ·"·Y.1 ;/r ' ( \,/l r ) "' r-c r;- [A7 SCHEDULE "B" p 1 ---\ ' .">-.--·. -~ "(ij 2!? "iii ... "iii c: ... 1-0 1-.... <I> 1-£ 0 (I) 0) ~ (IJ .... c: Q.. ... ... :i: (IJ c :!::: u ·c; (ij 0 ..., ~ (!) D D SCHEDULE "C" EASEMENT AGREEMENT DATED this 18th day of September, 2012 BElWEEN: THE TILLSONBURG GOLF AND COUNTRY CLUB LIMITED OF THE FIRST PART (hereinafter referred to as "TGCC") -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG OF THE SECOND PART (hereinafter referred to as the "Town") -AND- BANK OF MONTREAL and 1199734 ONTARIO LIMITED (hereinafter collectively referred to as the "Mortgagees") WHEREAS The Parties entered into an agreement dated whereby certain lands were transferred to TGCC (the "Definitive Agreement"). Contained on the lands conveyed to TGCC and other lands owned by the TGCC is a multi-use public trail. TGCC and the Town have agreed that as part of the consideration for the conveyance of the lands conveyed to TGCC an easement would be granted by TGCC over part of the conveyed and existing lands for the purposes of the multi- use public trail. The Mortgagees have consented to the terms contained in this agreement. Easement Agreement August 3, 2012 -3- 3. The purpose of the Easement is for members of the general public to use, traverse and/or occupy the Carroll Trail for recreational activities which include, but not limited to, hiking, walking, jogging, running, biking, standing, pole walking, roller blading, skateboarding and any other non-mechanized use (the "Use"). The Parties agree that electric wheelchairs, golf carts (on the Shared Carroll Trail), segways, power chairs and other devices to assist the mobility challenged are permitted on the Carroll Trail. The Parties further agree that general public encompasses persons walking animals provided that the animals are on a leash. 4. The Parties agree that the Easement and the Use thereof is confined to that portion of the Carroll Trail as outlined Yellow and Green on Schedule "A" to this Easement Agreement. The Parties agree that the Carroll Trail is 12 feet in width. The Parties agree that the Use does not include any part of the Golf Course and the Use is limited to the Carroll Trail for the purposes as set out in paragraph 3 hereof. 5. TGCC covenants that: a.At no time shall it restrict, impede, prevent or otherwise stop any Use on the Carroll Trail. The Town agrees that TGCC may restrict, impede, prevent or block persons from entering the Golf Course provided that such restriction does not prohibit any Use on the Carroll Trail; b.lt shall not erect any barriers on any part of the Carroll Trail except in cases of emergency; c. It shall not erect any signage that state, imply or suggest that the general public cannot enter, use or traverse all or any part of the Carroll Trail. Any signage erected by the TGCC shall be at its own expense and maintenance; d. It shall not construct, repair or modify any part or section of the Unshared Carroll Trial for any reason, including any emergency, without the express written approval of the Town. e. It shall regularly perform inspections of the Shared Carroll Trail as reasonably required, as directed by the Town and/or pursuant to any statute, regulation, by-law and/or common Jaw at its sole cost without contribution of the Town; f. It shall diligently perform all repairs, maintenance and upkeep to the Shared Carroll Trail as reasonably required, as directed by the Town and/or pursuant to any statute, regulation, by-law and/or common law at its sole cost without any contribution from the Town. Such -5- j. the maintenance and repair (including the determination of the standard of maintenance and repair) of the Unshared Carroll Trail shall be the sole responsibility of the Town; k. the Town retains the right of preapproval for any works, modifications, maintenance including benches and other ancillary items on any and all portions of the Carroll Trail; and, I. It shall maintain a policy of general commercial liability for bodily injury, death and injury to property sustained by third parties in an amount not less than $10,000,000.00 on the Golf Course Lands, Old Golf Course Lands, the Shared Carroll Trail and Unshared Carroll Trail naming the Town as an insured party. On an annual basis it shall provide a copy of such insurance policy to the Town upon request of the Town. The TGCC covenants to keep the Town and its employees, elected officials, contractors, servants, agents, licensees and customers indemnified against any and all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance (excepting the Unshared Carroll Trail), failure to maintain (excepting the Unshared Carroll Trail), Use or occupancy of the Golf Course, Golf Course Lands, Old Golf Course Lands, Unshared Carroll Trail and Shared Carroll Trail or any part thereof including, but not limited to, any negligent actions of omissions of the TGCC or its members, shareholders, officers, directors, employees, officers, invitees, contractors, servants, agents, licensees and customers. The TGCC further covenants to indemnify the Town and its employees, elected officials, invitees, servants and agents with respect to any encumbrance on or damage to the Carroll Trail and/or personal injury, death or property damage to any person including, but not limited to, invitees, customers, general public, agents, employees, employees of the Town, contractors or licensees occasioned by or arising from the act, default, or negligence by the TGCC (including but not limited to breach of the TGCC's covenants as contained in this Easement Agreement) or its officers, agents, members, customers, servants, employees, contractors, customers, invitees or licensees. Such indemnification shall include any intentional or negligent actions of the TGCC causing environmental damage to the Golf Course or neighbouring lands. The TGCC shall carry public liability and property damage insurance including personal injury liability, contractual liability, employers' liability and owners' and contractors' protective broad form property damage occurrence insurance coverage with respect to the Golf Course and Carroll Trail and their use by the TGCC, coverage to include the activities and operation conducted by the TGCC, coverage for the Use of the Carroll Trial and any other -7- 7. The Parties agree that the Carroll Trail does not include any washrooms, lavatories or restrooms of any kind (whether or not such facilities are open to the general public or used by the general public) and any washrooms located near, beside or on the Carroll Trail are the sole property of the TGCC and at the sole risk of the TGCC. 8. The Parties agree that the Easement Agreement shall be registered on title to the Golf Course Lands and Parts 5 and 6 on Plan 41 R-8799 at the expense of the Town. 9. The Parties agree that the Town has entered into an agreement with Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Transportation of the Province of Ontario (the "MTO") dated August 10, 2009 whereby the MTO has permitted the Town to construct and use a cartpath beneath highway 3 (the "MTO Agreement"). The Town covenants that it will use its best efforts to obtain an assignment of the MTO Agreement to the TGCC in a form that is agreeable to the TGCC and the Town and until the MTO Agreement has been assigned and registered by the Town at the Town's sole expense then the Town grants a sub-easement to the TGCC, and all mortgagees of the TGCC, on the same terms as the MTO Agreement over PART 1, 41R-____ _ 10. The Parties agree that this Easement Agreement is for perpetuity unless released by both the Parties in writing and shall bind all successors, assigns, encumbrances, mortgagees, heirs, transferees, licensees, contractees and agents. 11.Any notice, direction or other instrument required or permitted to be given to the Vendor hereunder shall be in writing and may be given by mailing the same postage prepaid or delivering the same addressed: to the Town at: 200 Broadway Tillsonburg, ON N4G 5A7 with a copy to the Solicitor for the Town at: Mandryk, Stewart & Morgan 65 Bidwell Street Tillsonburg, ON N4G 3T8 to the TGCC at: 101 John Pound Road -9- and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 17.Any terms in this Easement Agreement which are masculine shall be interpreted as either masculine or feminine. For convenience, headings have been inserted into this Easement Agreement and shall not be used in any manner to interpret this Easement Agreement. For the purposes of interpretation, any words in this Easement Agreement that are singular shall be interpreted as if they include the plural and any words in this Easement Agreement that are plural shall be interpreted as if they include the singular. If any term contained in this Easement Agreement is defined in the Definitive Agreement then the interpretation contained in the Definitive Agreement shall apply to the Easement Agreement. If there is any conflict or difference in the interpretation between the Easement Agreement and the Definitive Agreement then the Easement Agreement shall be paramount. 18.Should any provision of this Easement Agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 19. For the consideration of FIVE ($5.00) dollars, the receipt and sufficiency of such is hereby acknowledged, the Mortgagees consent to this Easement Agreement and agree that they are bound by the terms of the Easement Agreement. The Mortgagees further agree that if they become mortgagees in possession and/or sell the Golf Course Lands and/or Old Golf Course Lands and/or foreclose on such mortgage then the terms of this Easement Agreement shall bind any purchasers of the Golf Course Lands and/or the Old Golf Course Lands. Signed this day in Tillsonburg, Ontario The Tillsonburg Golf and Country Club Limited Per: President Vice-President (We have authority to bind the Corporation.) THE CORPORATION OF THE TOWN OF TILLSON BURG BY-lAW NUMBER 3645 A BY-lAW to enter into Authorized Representative Agreements with Funeral Homes. WHEREAS the Cemetery is licensed to operate a Cemetery pursuant to the Funeral, Burial and Cremation Services Ac~ 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the agreements attached hereto between the Town of Tillsonburg and Ostrander's Funeral Home, Murphy Funeral Home, Baldock Funeral Home Inc. H. A. Kebbel Funeral Home Ltd., Jason Smith Funeral Chapel and The Arn-Lockie Funeral Home Ltd., form part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreements on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS lOth DAY OF September, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS lOth DAY OF September, 2012. Mayor-John Lessif Clerk -Donna Wilson AUTHORIZED REPRESENTATIVE AGREEMENT TIDS AGREEMENT made as of the «day» day of <<month>>, «year». BETWEEN: AND 10wA.J 6f-711 ... )...~0#1/IJJ.tA....~ of lrl---{13 $1~<-~t:o.C. "'51 «Cemetery's full legal name» Street ft AA.6aN'~..(<q, Ontario, A! i~ )..rf f (the "Cemetery11) City/Town Postal ode · WHEREAS the Cemetery is licensed to operate a Cemetery pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral est!lblishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course ofits operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement · NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Appointment of Authorized Sales Representatives \ Subject to the terms of this Agreement, the Cemetery hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives") to act as non-. ·exclusive sales representatives for the sale of the Services. i ; I I I i r I I -3- 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General (a) Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without the express written consent of Cemetery. · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transrnjssion of Adobe Acrobat files, each of'-"hich shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement I ! . I I I ! I l ~ -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES BETWEEN: AND AUTHORIZED REPRESENTATIVE AGREEMENT THIS AQR.EE,.ME.NT made as of the «day» day of <<month», «year». MUIPhY Funeral Home 159 Talbot Road DBl.HI, Ontario N4Btz1 of «Funeral Home's full legal name» Stroet ..,..,...-~-----· Ontario, (the "Funeral Home") Citytrown Postal Code i'o~JtJ oF rn,.A.so~>.Idq~· ··of /'(l -11!1 SI~W£ Sf. «Cemetezy's full legal name» Street t:JJ.Asovdu~l' Ontario, tJ'-14 :;.;:r'f.(the "Cemetery") Citytrown Postal Code WHEREAS the Cemetery is licensed to operate a Cemetery pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act''), sell interment rights, scattering rights or Cemetery services (the "Services") to custo111ers-<lfthe Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Appointment of Authorized Sales Representatives Subject to the terms of this Agreement, the Ceme~ry hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives") to act as non- ·exclusive sales representatives for the sale of the Services. -3- 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement. Neither the Funeral Home nor any Authorized Sales Representative is authorized to 1 transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on i behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty ~~or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement 8. General (a) . Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remallrlng provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment The Funeral Home may not assign this Agreement without the express written consent of Cemetery. · · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same msirument. Notwithstanding the date of execution of any counterpart,· each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES ~oard of Funeral Services Conseil des services funeraires ~ 777. ru~ Bey Street, Suite/Bureau 2Bt0. Bo• IC.P. 111 T oronlo. Onlario M5G 2C8 Licensing fee I Frais d'emissinn de permis $ l.'iO I !50$ h·su~d]i'r th(> pe.rwd · Jmruary I · Decembtr .II. }OJ} Emi.< JJfnlt /(1 1''-l'iode clu: l~r jtrnviel' · 3/ dfcemho·,·.!OI} Mr. Joseph V.J. Murphy Murphy Funeral Home 159 Talbot Road Delhi, Ontario N4B 1Z7 2012 200636 Retoln for incori1e lax purposes. A duplicate can not he issued, A garder pour li ns d 'lmp6t. Aueun dupllcnta ne peut @tre ~rnls. 1091 }:Joard of Funeral Services Conseil des services futu'iraires 2012 77 7. tUe Bay StreeL Su-e I Bumau 2810. Box 'C. P. 117 Toronto. Ontario M5G 2C8 Licensing fee I Frais d'emissinn de permis $ 150/150$ l.rsuedfor th.e period: January I · December 31.2012 Emis pour Ia per·iode d": ler janvier-JJ d~cembre2012 Mr. Donald Lome Murphy Murphy Funeral Home 159 Talbot Road Delhi, Ontario N4B 1Z7 Retain l'or Income tax purposes. A dupllcnle can not be iuued. A garder pou,-rin:o cl'lmpDt. Aucun ~upllcutn "' flour ~tr• lrnls . 202271 1 '! 24 .Qoard of Funeral Services Conseil des services funeraires 2012 777. rue Bay StreeL Suke/Bureau 2810. Box tC.P. 111 Toronto. Ontario M5G 2CB Licensing fee I Frais d'emission de permis $ 150 I 150 $ ls.<u~dj'or rhe period: Jonuary I . Decembu Jl. 2012 Emis pour Ia piriode d1r: Jer janvier. 31 dlcembre!0/2 Mr. Kenneth R. Guller Murphy Funeral Home 159 Talbot Road Delhi. Ontario N48 1Z7 Rennin for incoP1e uuc purpose.'i, A duplicate tan no I be issued. A garder pour lln.< d'impOI. Aucun dupllcatH lit' peut ~trt" ~mls. 202052 -------------~----~~~~--- AUTHORIZED REPRESENTATIVE AGREEMENT THIS AGREEMENT made as of the «day» day of «month», «year». BETWEEN: .Ba ldcck h.tJ)eral biDme_ Jrr. of 9tobLocMt: S±f'e:::t-Nor-+h . «Funeral Home's full legal name» '-Sfnx'C¥.,, , Ontario, N3Y ,3N1 City/Town~ Postal Code Street (the "Funeral Home") AND /()lv'.v' 0 f '"f/).._)../:.)OJ./ 8Lu!..(? of 111-11 !l ~ l/vi(J ~ S 7 · «Cemetery's full legal name» Street 1 IJ...AS,JJJ 8t.11e<-7, Ontario, JJ</Ci A1 '-/ (the "Cemetery") City/Town Postal Code WHEREAS the Cemetery is licensed to operate a Cemetery pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Appointment of Authorized Sales Representatives Subject to the terms of this Agreement, the Cemetery hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives") to act as non- -exclusive sales representatives for the sale of the Services. -3 - 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement. Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General (a) Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without the express written consent of Cemetery. (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement ---------~-·--~ -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES AUTHORIZED REPRESENTATIVE AGREEMENT THIS AGREEMENT made as of the «day» day of <<month», <<year». BETWEEN: H. q l<'eJLJ ~err.llkrnpj «Funeral Home's full legal name» -L.,.fJ.,.v.·.IXJ/ fr1JV"o..a.;__· __ ,, Ontario, cTt(fown ~Jil Ulf Postal Code (the "Funeral Home") AND 1'ow~ Of 1'/J...A:Solll~ttll~ of {fllt~/13 ~llttUJ£ ST. «Cemetery's full legal name» Street ftJ...J...~SOAJ!) 4 R...ry , Ontario, N '-!C., 'J..:P{ (the "Cemetery") City/Town . Postal Code · WHEREAS the Cemetery is licensed to operate ·a Cemetery pursuant to the Funerql, Burial and Cremation Services .Act, 2002 (Ontario); · · AND WHEREAS the Funeral Home is a licensed t<? operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services'') to customers of the Funeral Home on behalf of the Cemetery; AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good anq valuable consideration, the re~ipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: · . · 1. 'Appointment of Authorized Sales Represe_.tatiVes :Subject to the terms ofthis Agr~ement, the Cemetery hereby authorizes the employees of the Funeral Home listed-in Schedule A hereto (the "Authorized Sale$ Repr~entatives'') to act as non- . exclusive sales representatives for the sale of the Services. · · · · · · · · · ·. : -3- 6. Term and Termination ·This Agreement shan commence as of the date hereof and continue.in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General (a) Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without the express written consent of Cemetery. · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) CounteJ:parts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrobat files, ~ach of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement '.i ' ·-i -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES /!J.A /.fj, I 1/k&,; ~iLl f1i 1 ~"' uf/, t I I l I .,._ .. AUTHORIZED REPRESENTATIVE AGREEMENT TffiS AGREEMENT made as of the «day» day of <<month>>, «year». BETWEEN: «Funeral Home's full legal name)) Street __,5,.,...' ~z..;.;=:;;;;..=._. _ ____., Ontario, tJJf 3,(.3 (the "Funeral Home") City/Town Postal Code AND JOit.hJ of. 1'/JJ..SaAl eat-ft of ~~ 1-l<f3 'SJH~o~ '5(. «Cemetery's full legal name}} Street fp.j,.._SiJAJ 8L(i~, Ontario, N f./t, J..J i.(the "Cemetery") City/Town Postal Code · WHEREAS the Cemetery is licensed to operate a ~emetery pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS the Funeral Home is a licensed to operate a funeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario); AND WHEREAS in the course of its operation of a funeral establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; · AND WHEREAS the Cemetery. wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Appointment of Authorized Sales Representatives Subject to the terms of this Agreement, the Cemetery hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives") to act as non- . exclusive sales representatives for the sale of the Services. -3- 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constituting an appointment of the Funeral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose. whatsoever, save and except as specifically set out in this agreement. Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligatioiis, or assign or create any obligation of any kind, express. or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General · (a) Severabiley. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without . the express written consent of Cemetery. · · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Countemarts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe, Acrobat files, each of which shall constitute an original and all of which, taken together,· shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES :Joso~ S ~~ S h.-e...r\ \Jf r\JCA-s--~ u.S !I AUTHORIZED REPRESENTATIVE AGREEMENT THIS AGREEMENT made as of the «day» day of <<month», «year». BETWEEN: Tie¥\cn~J~~.L~of «Funeral 1:-Ipme's full legal name» 4S·~stfed~ Street ND-rwLCth , ontario, ~ L;()O (the 11Funeral Home") City/Town Postal Code AND '1();,;11) tJf 1iJL~oAJ~a~~ of {11 ... 1?3 5/J.t~Ok '5(. «Cemetery's full legal name» Street -(iJ...A..'Sov!Ju ~G)• Ontario, N f; ~J' tf.(th.e "Cemetery11) City/Town . . Postal Code . . . WHEREAS the Cemetery is licensed to. operate a Cemetery pursuant to the Funeral, Burial and Cremation. Services Act,· 2'002 (Ontario); AND WHEREAS the Funeral Ho~e i~ a licens.ed to Qperate a fimeral establishment pursuant to the Funeral, Burial and Cremation Services Act, 2002 (Ontario);' · · :· · · AND WHEREAS in the course of its operation of a funeral· establishment, the Funeral Home may wish to have certain of its employees who are licensed sales representatives within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (the "Act"), sell interment rights, scattering rights or Cemetery services (the "Services") to customers of the Funeral Home on behalf of the Cemetery; · AND WHEREAS the Cemetery wishes to authorize certain of the employees of the Funeral Home to act as non-exclusive sales representatives for the Services, subject to the terms and conditions set forth in this Agreement NOW THEREFORE,. in consideration.of:the promises and mutual covenants contained herein, and other good and valuable consideration, . the'' receipt . and' . sufficiency of which ·are hereby ackD.o~ledged, the parties hereto agree as follows: 1. Appointment of Authorized Sales Representatives' Subject to the terms of this Agreement, the Cemetery hereby authorizes the employees of the Funeral Home listed in Schedule A hereto (the "Authorized Sales Representatives'') to act as non- · exclusive sales representatives for the sale of the Services. i I I ! i ~ I I ! .. -3- 6. Term and Termination This Agreement shall commence as of the date hereof and continue in full force and effect until terminated by either party at any time on providing the other party with thirty (30) days prior written notice. Upon a person who is an Authorized Sales Representative ceasing to be employed by the Funeral Home, such person shall cease to be an Authorized Sales Representative pursuant to this agreement, and shall cease to be a sales representative of the Cemetery, effective as at the date of such person's termination of employment by the Funeral Home. 7. Relationship of Parties Nothing in this Agreement or otherwise shall be construed as constitilting an appointment of the FlUleral Home or its employees or any of them as an agent, legal representative, joint venturer, partner, employee or servant of the Cemetery for any purpose whatsoever, save and except as specifically set out in this agreement. Neither the Funeral Home nor any Authorized Sales Representative is authorized to transact business, incur obligations, or assign or create any obligation of any kind, express or implied, on behalf of the Cemetery, or to bind it in any way whatsoever, or to make any contract, promise, warranty or representation on the Cemetery's behalf with respect to products and services sold by the Cemetery or any other matter, or to accept any service of process upon the Cemetery or receive any notice of any nature whatsoever on the Cemetery's behalf, save as specifically set out in this agreement. 8. General (a) Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (b) Assignment. The Funeral Home may not assign this Agreement without the express written consent of Cemetery. · (c) Governing Law. This Agreement and any document relating thereto shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Both parties hereby expressly and irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising out of or in connection with this Agreement. (d) Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile· or e-mail transmission of Adobe Acrobat files, each of which sh~ constitute an original and all of which, taken together, shall constitute one and the same instrument. Notwithstanding the date of execution of any counterpart, each counterpart shall be deemed to bear the effective date first written above. Any party executing this Agreement l i l I .I ·.I I l ... I'· ,. -5- SCHEDULE OF AUTHORIZED SALES REPRESENTATIVES WATER DISTRIBUTION, SEWAGE COLLECTION AND ENGINEERING SERVICES CONTRACT BETWEEN COUNTY OF OXFORD AND TOWN OF TILLSONBURG SERVICE CONTRACT THIS CONTRACT made in duplicate this day of 2012 BETWEEN: COUNTY OF OXFORD (COUNTY) OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF TILLSONBURG (SERVICE PROVIDER) OF THE SECOND PART WHEREAS section 12 of the Municipal Act, 2001 S.O. 2001 chap. 25, provides that the County of Oxford has exclusive authority and responsibility for the supply, treatment, storage and distribution of water and the collection and treatment of sanitary sewage in the County of Oxford. AND WHEREAS the Corporation of the Town ofTillsonburg, established as a Town in the Province of Ontario has requested to be the Service Provider relating to the operation and maintenance of the water distribution and the wastewater collection systems for the Town ofTillsonburg. AND WHEREAS the Parties agree that the intent of this service contract is to provide high quality water distribution and sewage collection services in a sustainable and cost effective manner for the properties serviced by these systems. AND WHEREAS the Parties agree that this service contract will be administered by the Public Works Department of the County of Oxford on behalf of the County, directly with the Service Provider. AND WHEREAS the Parties intend on consulting with each other about policy changes and, to the degree appropriate, considering the implications, financial and other, for the community and customers; NOW THEREFORE, THIS CONTRACT WITNESSETH that in consideration of the mutual covenants contained here, the Parties hereto covenant and agree as follows: Page I GENERAL CONDITIONS OF THE CONTRACT 2.0 SERVICES PROVIDED (WATER) The Service Provider agrees to perform or cause to be performed the operation, maintenance and administrative services, as listed in Schedule 'B' to this Contract such that the County's water distribution system at terms of this Contract shall not have deteriorated from its condition at the conunencement of the Contract other than from normal use wearing. 3.0 SERVICES PROVIDED (WASTEWATER) The Service Provider agrees to perform or cause to be performed, the operation maintenance, and administrative services listed in Schedule 'B' to this Contract such that the wastewater collection system in the defmed service area, at the terms of this Contract, shall not have deteriorated from its condition at the conunencement of the Contract other than from normal use wearing. 4.0 PROTECTION OF WORK AND PROPERTY The Service Provider shall protect the County's property and property adjacent to the system from damage and shall be responsible for damage due to negligence, which may arise as a result of their operations. Should the Service Provider in the performance of this contract damage the system, the County's property or property adjacent to the system due to negligent acts, the Service Provider shall be responsible for the repairing of such damage at their expense. 5.0 PERFORMANCE OF SERVICES The Service Provider will maintain the water distribution system and the wastewater collection system in compliance with all applicable laws, regulations and authorizations using qualified staff and meeting all safety requirements, and applying modem practices, equipment and techniques in the performance of this Contract. 6.0 THE COUNTY SEWER USE BY-LAW The County Sewer Use By-law #2719-87 or any future amendment to this by-law shall be complied with in the performance of the Service Provider. 7.0 THE COUNTY WATER USE BY -LAW The County Water Use By-law #4007-2000 or any future amendment to this by-law shall be complied with in the performance of the Service Provider. 8.0 INDEMNIFICATION OF THE COUNTY The Service Provider shall exonerate, indenmify and hold harmless the County, its officers, employees and agents from and against any and all Claims which may be suffered or incurred by, accrued against or be charged to or recoverable from the County that are caused by the Service Provider's negligence or wilful misconduct when performing the Services. The County shall be deemed to hold the provisions of this section for the benefit of the County's officers, employees and agents as third party beneficiaries under this Contract. 9.0 INSURANCE The Service Provider shall arrange and maintain for the period of this Contract insurance coverage meeting the terms and requirements contained in Schedule 'D', with respect to public liability and the infrastructure satisfactory to the County, and the County shall be an additional insured under the coverage. The County shall, at its cost, maintain additional insurance in respect to public liability and the infrastructure. 10.0 FURTHER ASSURANCES Each of the County and the Service Provider will from time to time execute and deliver all such further documents and instruments and do all acts and things as the other party may reasonably require to effectively carry out the provisions of this Contract. Page 3 17.0 CONTRACT HEADINGS Contract headings are for purposes of reference only and shall not be read or construed so as to abridge or modifY the meaning of any provision in the main text of this Contract. 18.0 COMPLIANCE WITH APPLICABLE LAWS This Contract shall be constructed in accordance with the laws of the Province of Ontario. 19.0 SUCCESSORS AND ASSIGNS This Contract will ensure to the benefit of and be binding upon the parties and their successors and assigns, respectively. 20.0 CONTRACT TO GOVERN If there is any inconsistency between this Contract and any Schedule to this Contract, this Contract shall govern. 21.0 ENTIRE CONTRACT This Contract constitutes the entire agreement between the Service Provider and the County with respect to the subject matter hereof and cancels and supersedes any prior understandings, undertakings, representations, warranties, terms, conditions and agreements whether collateral express, implied or statutory, between the Service Provider and County with respect thereto. 22.0 SURVIVAL All representations, warranties and indemnities given by the parties shall survive indefinitely the termination of this Contract. 23.0 SEVERABILITY If any covenant, obligation or provision thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remaining provisions or the application of each provision to persons or circumstances other than those as to which is invalid or unenforceable, shall not be affected thereby and shall continue to be valid and enforceable. 24.0 PAYMENT FOR SERVICES Payment for services shall be made upon receipt of fully supported invoice submitted to the County of Oxford Public Works Department and in accordance with the times and criteria established in Paragraphs 26 to 33 inclusive in this Contract. The format for the fmancial reporting shall be in accordance with Schedule 'C' to this Contract. 25.0 PAYMENTS TO COUNTY The Service Provider shall collect all miscellaneous water and wastewater revenues and shall remit the same to the County on a quarterly basis on or before the fifteenth calendar day in the month immediately following the quarter. Included with the payment to the County submitted by the Service Provider shall be a summary for all miscellaneous revenue. Miscellaneous revenue may include connections fees, bulk water sales, by-law infraction fines, local improvement charges, etc. 26.0 UNPLANNED EXPENSES Unplanned expenses means unanticipated expenditures that the Service Provider incurs beyond those planned for in order to address system failure, acts of third parties, replacement of collapsed sewers, repair of failed watermain, broken service connections, storm damage, or other circumstances beyond the Service Provider's reasonable control. The Service Provider shall obtain prior or approval from the County in circumstances where time permits. The County recognizes some expense will be incurred in order to stabilize emergency situations including the repair of services and roads that require immediate attention. The Service Provider will follow up with the County on the next business day to confirm action taken, planned action and approval of expenses. 27.0 BAD DEBTS (CONSUMER) Page 5 4) Collection procedures for bad debts 5) Backflow prevention 6) Water metering policies 7) Water service shutoff and reconnections 8) Water inspection costs recovered from private contractors 9) County Policy for sewer lateral maintenance 34.0 ROLLING STOCK, MAJOR EQUIPMENT The Service Provider shall purchase, lease or rent all rolling stock (trucks, etc.) and major equipment required to fulfill the operations and maintenance requirements of this Contract. However, the Service Provider will have to provide their own business case for purchase, lease or rental ofthis equipment to the County. The County, through the annual budgets, will only pay for the hours that this equipment is used under this Contract. The rates paid for equipment rental will be compared to the County equipment costs, industry standards and other Service Provider's rates within the County. The County may consider the purchase of rolling stock or major equipment if the equipment is to be used exclusively by the County Water or Wastewater Systems. In such an event, the equipment will be owned by the County. The Service Provider shall obtain written permission of the County to proceed with any such purchases. The County may request a business case to be presented to substantiate such a purchase. IN WITNESS WHEREOF THE PARTIES HAVE DULY EXECUTED THIS Contract on the date first above written: THE CORPORATION OF THE TOWN OF TILLSONBURG John Lessif, Mayor Kelly Coulter, Chief Administrative Officer COUNTY OF OXFORD Don McKay, Warden CAO Page 7 Schedule 'B' Services Provided (Water and Wastewater) Page9 2.0 OPERATION 2.1 Water Distribution System Operation The Service Provider shall generally perform operations in accordance with the Town of Tillsonburg Operating Authority's Operational Plan and all policies, procedures and documents associated with the County's Drinking Water Quality Management System. Specifically the Service Provider shall: flush watermains annually. Biannual or more frequent flushing will be undertaken as required and approved by the County foam swab the water distribution system as budgeted for and approved by the County verifY the operability of all system hydrants, main valves and blow-offs following a systematic program that is recorded electronically winterize hydrants inspect all contractor and sub-contractor works paint all hydrants on a regular basis maintain properly licensed system operators meeting or exceeding all Provincial requirements repair and replace as necessary water distribution mains, water services, hydrants, valves, blow-offs, and meters as necessary maintain adequate staff for purchasing and maintaining inventory to support the operation of the water distribution system. carry out a maintenance and replacement program for residential, commercial and industrial flow meters. This program shall be documented and approved by the County carry out a backflow prevention program when developed and implemented by the County as requested assist the County in carrying out pressure tests and/or hydrant flow tests perform water quality testing 2.2 Wastewater Collection System Operation The Service Provider shall: inspect and document all manholes for infiltration and any other signs of deterioration repair manholes maintain properly licensed system operators meeting or exceeding all Provincial requirements clean by flushing wastewater collection system following a program approved by the County or as necessary in emergency conditions. The approved program will detail the frequency of flushing in certain areas and the time frame to complete flushing of the entire collection system inspect service laterals using camera or other approved means and maintain accurate records of any blockage location to enable assessment of repair costs accurately. The Page 8-2 inspect and approve sewer and water installations in accordance with standards established by the County. maintain adequate financial security on behalf of the County for the completion of all water and sewer services required by subdivision or severance agreement. provide development charge eligible sewer and water infrastructure estimates for a development charge study. provide sewer and water related comments on Zone Change, Consent to Sever, Subdivision, Site Plan and Minor Variance applications. assist with obtaining easements on behalf of the County for municipal sewer and water services in new developments. 5.0 Special Programs The Service Provider shall: maintain an electronic database of sewer and water infrastructure in an ESRI 's ArcMap format, georeferenced to UTM Nad83 Original coordinates 6.0 Equipment and Parts Inventory The Service Provider shall: provide or arrange for the provision of all equipment necessary to make required emergency repairs to the water and wastewater systems (i.e. backhoes, trucks, compaction equipment, video cameras, etc.). maintain an appropriate level of repair materials, tools, and equipment to make such repairs on water meters, hydrants, valves, curb stops, main stops, watermain repair sleeves, service tubing, sanitary sewer mains, manhole covers, sanitary laterals and manhole appurtenances. prepare and submit to the County for approval a report including detailed cost estimates, quotations, etc., for all equipment owned and used for the operation and maintenance ofthe water distribution and sewage collection systems including parts, tools, system materials and record keeping equipment. prepare and submit to the County for approval, a report including detailed cost estimates, quotations, etc., for all equipment leased or rented and used for the operation and maintenance of the water distribution and sewage collection systems including parts, tools, system materials, and record keeping equipment including but not limited to rolling stock, computers, office space, communication equipment, pickup trucks, etc. the Service Provider shall follow the Town ofTillsonburg's procurement policy for all purchases subject to this agreement. County approval is required prior to the purchase of items that are budgeted for in the amount of $25,000 or greater in value. 7.0 Recording and Reporting The Service Provider shall ensure: records shall be prepared and maintained and submitted to the County on an annual basis outlining all maintenance related and system upgrading and expansion operations. These records shall include but not be limited to visual inspections, video inspections and routine tracking systems. The records shall describe how the activities promote the maintaining of the infrastructure and shall correlate the activities to the associated costs. All records shall be ultimately the property of the County. Page B-4 RESPONSIBILITY MATRIX Sanitary Water Sanitary Sewer Pumping Water System Distribution Stations Storage (inclusive of System (inclusive of Reservoirs trunks) forcemains) Existing Systems Operations Town Town County County Capital Planning/Budgeting For Town Town County County Rehabilitation/Replacement Asset Management Town Town County County Capital Design Construction For Town Town County County Rehabilitation/Replacement Operational Policy/Bylaws/Minimum Level Of County County County County Service Standards Growth Systems Secondary Planning Town/County Town/County Town/County County EA Town/County Town/County County County Planning Applications (Zone Change, Severance, Subdivision, Site Plan) Town/County Town/County County County Capital Planning/Budgeting For System Expansion/Up-sizing Of Town Town County County Infrastructure Capital Design & Construction For System Expansion/Up-sizing Of Town Town County County Infrastructure Drawing Review (subdivisions, Town/County* Town/County* County County etc.) Calculation Of Cost Sharing (DC) Town/County Town/County County County Development Charge Calculations Town/County Town/County County County Authorization Of ECA and Form1 County County County County Water Modeling County County N/A County Design Standards/Development Town/County Town/County County County Policy *Note: County comments to scoped and hm1ted to 1mplementahon of Development Charge projects, water modeling, and calculation of oversizing costs. Page 8-6 Schedule 'D' Insurance Requirements THE CORPORATION OF THE TOWN OF TIUSONBURG BY-LAW NUMBER 3649 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE COUNTY OF OXFORD FOR WATER AND SANITARY SEWAGE-BILLING AGREEMENT WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with the County of Oxford; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and CAD be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf ofthe Corporation of the Town ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 1(11' DAY OF SEPTEMBER, al12. READ A THIRD AND FINAL TIME AND PASSED THIS 1(11' DAY OF SEPTEMBER, al12. MAYOR-John Lessif CLERK-Donna Wilson BILLING AGREEMENT THIS AGREEMENT is made and entered into this ___ day of _____ , 2012. Between: THE CORPORATION OF THE TOWN OF TILLSON BURG a corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Provider" -and- COUNTY OF OXFORD a municipal corporation incorporated pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Client" WHEREAS the Provider has established a utility billing and call centre service (herein referred to as the "Service"); AND WHEREAS the Client wishes to subscribe for and receive the Service on the terms and conditions set forth in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1.0 PROVISION OF SERVICE 1.1 Description of Service. The Provider agrees to implement and maintain the Service for the Client as described in Schedule "B" annexed hereto. 1.2 Provider's Representations and Warranties. The Provider hereby represents and warrants to the Client that: (v) is in complete compliance with all applicable affiliate relationship codes established by the Ontario Energy Board; (e) this Agreement has been duly executed and delivered by the Provider and constitutes legal, valid and binding obligations of the Provider enforceable against the Provider in accordance with its terms; (f) the Provider has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable the Provider to grant to the Client each and all of the rights, licences, sub licences and authorities which are being granted by the Provider to the Client pursuant to and in accordance with this Agreement; (g) there are no existing restrictions or constraints on the Provider's right and ability to deliver the Service in accordance with this Agreement or on its right to use the System Software in connection therewith; Each and all of the representations and warranties of the Provider contained in this Section 1.2 and elsewhere in this Agreement shall be deemed to be made and given continuously throughout the Initial Term and the Renewal Term during which this Agreement is to continue and shall be deemed to have been relied on by the Client continuously throughout the Initial Term and the Renewal Term. 1.3 Client's Representations and Warranties. warrants to the Provider that: The Client hereby represents and (a) the Client has been duly incorporated and organized and is a validly subsisting municipal corporation under the laws of the Province of Ontario and the Client has all requisite corporate power and authority to own, lease and operate its properties and assets and to carry on its business as now being conducted; (b) no Event of Insolvency has previously occurred or presently exists in respect of the Client (and, as used herein, "Event of Insolvency" has the same meaning as is given thereto in Section 7.1 hereof); (c) the Client has all necessary corporate power, capacity and authority so as to enable it to enter into, execute and deliver this Agreement and to observe, (c) the Provider shall do all such acts and things to ensure that its representations and warranties which are set forth in Section 1.2 hereof remain fully true, accurate and correct. 2.0TERM 2.1 Initial Term. The initial term of this Agreement shall commence on January 1, 2011 (the "Effective Date") and shall, unless terminated at an earlier date by either of the parties hereto in accordance with the applicable provisions of this Agreement, continue in full force and effect for a one year term (the "Initial Term"). 2.2 Renewal Term. This Agreement will automatically be renewed for successive one (1) year periods unless either party provides the other party with no less than ninety (90) days written notice prior to the end of the Initial Term or applicable renewal period (each, a "Renewal Period" and collectively with the Initial Term, the "Term"). 3.0 COMPENSATION 3.1 Fee for Providing Service. As payment in full to the Provider for its providing the Service to the Client upon and in accordance with this Agreement, the Client hereby agrees that it shall pay to the Provider fees in the amounts and upon the terms and conditions outlined in Schedule "C" annexed hereto (the "Fees"). 3.2 Additional Services. If, at any time and from time to time, the Client shall request the Provider to provide any Additional Services (and, as used in this Agreement, "Additional Services" means services which are not included in the services and other matters described in Schedule "B" annexed hereto but which the Provider has the resources and ability to provide), the Provider shall, promptly following its receipt of such request, provide the Client with a written estimate of the cost of providing to the Client the Additional Services so requested by the Client and the Client must approve the estimate so given to it by notice in writing to the Provider prior to the Provider commencing to provide the Additional Services so requested. 3.3 For the purposes of this Section 3, "CPI" means the consumer price index for "All Items" published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. On every anniversary of the Effective Date during the Term (each a "Change Date"), the Fees shall escalate by the average of the annual such means as are reasonable having regard to all then prevailing facts and circumstances, to prevent the disclosure, and to protect the confidentiality of, the other party's Confidential Information. 4.3 Permitted Disclosure of Confidential Information. A Receiving Party shall not disclose any of the Confidential Information of the Disclosing Party without the prior written consent of the Disclosing Party (which consent may be withheld by the Disclosing Party in its sole discretion), provided that the Receiving Party may disclose the Disclosing Party's Confidential Information to the Receiving Party's legal counsel and other professional advisers and the Receiving Party's directors, officers, employees and contractors, but only if and to the extent that such recipients need to have access to such Confidential Information for the purposes of enabling or assisting the Receiving Party to exercise its rights and to carry out and perform its duties and obligations under this Agreement. A Receiving Party, before making any such permitted disclosure, shall advise each such legal counsel, professional adviser, director, officer, employee and contractor of the confidentiality obligations set forth in this Article 4.0 and of the need to fully comply therewith. Compliance by each such legal counsel, professional adviser, director, officer, employee and contractor with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining such Person. Notwithstanding the foregoing but subject to Section 4.7 hereof, the Provider may disclose to such other Persons including, without limitation, the Ontario Energy Board and the Independent Electricity Market Operator, those and only those portions of the Client's Confidential Information that the Provider is required by law to disclose in order to carry out and perform its duties and obligations under this Agreement. 4.4 Exclusions from Confidential Information. Notwithstanding the foregoing, for the purposes of this Agreement, Confidential Information shall not include any information that: (a) is or becomes generally available to the public in circumstances which did not involve a breach of any of the provisions of this Article 4.0; (b) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party, provided that, to the knowledge of the 5.0 NON-SOLICITATION OF EMPLOYEES 5.1 Non-Solicitation of Employees. During the term of this Agreement and for the period of one (1) year thereafter neither party hereto shall, without the prior written consent of the other party hereto (which consent may be withheld by such other party in its sole discretion),employ, engage, recruit or solicit for employment or engagement, or endeavor to entice away from such other party or any of its affiliates (or cooperate with others in soliciting, hiring, enticing) any Person who then is or, at any time during the one-year period immediately prior to the making of such solicitation or endeavor, was employed by either such other party or any of its affiliates, or otherwise interfere with or seek to influence or alter such Person's relationship with such other party or any of its affiliates. 6.0 FORCE MAJEURE 6.1 Force Majeure Event. Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its duties and obligations under this Agreement (other than an obligation to pay money) if such delay or non-performance is due to any cause beyond its control and which did not occur by reason of the default, negligence or wilful act of the Provider including, but not limited to, any act of God, flood, drought, lightning or fire, wide scale power interruption, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, plague, military operations or riot, and any act, omission or decision of a government ("Force Majeure Event"). 6.2 Occurrence of a Force Majeure Event. If either of the parties hereto shall become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any such failure or delay to perform its duties and obligations under this Agreement, it shall immediately give written notice to the other party hereto and such notice shall set forth reasonable details of the Force Majeure Event in question and the period of time which it is estimated that such failure or delay shall continue. The parties hereto shall, as soon as reasonably practicable following the making of such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to agree to a commercially reasonable plan to remedy or overcome any problems arising from the Force Majeure Event. or breach to the reasonable satisfaction of the Client within twenty one (21) days following the date as on which the Client shall have sent a notice in writing to the Provider demanding the curing of such default or breach (which notice shall set forth reasonable details of the default or breach as in respect of which it is being given); provided that, if such default or breach cannot be cured within such twenty one (21) day period, then, provided that the Provider shall have commenced and diligently proceeded to cure such default or breach within such twenty one (21) day period, the Provider shall have one further period of fifteen (15) days in which to cure such default or breach; or (c) an Event of Insolvency shall have occurred in relation to the Provider, then (and without limiting any right of the Client to terminate this Agreement which is set forth elsewhere in this Agreement) the Client shall have the right to terminate this Agreement, which termination shall be effective immediately upon the Client giving notice in writing to that effect to the Provider (provided that, such termination shall in no way prejudice or otherwise affect any rights or remedies which the Client may then otherwise have against the Provider at law or in equity). 7.4 Termination of Agreement by the Provider for Breach by the Client. In the event that: (a) the Client shall fail to pay when due any amount required to be paid by it under this Agreement within 60 days following the date on which it was properly invoiced for such amount and subsequently fails to pay in full such amount within 30 days following the date as on which the Provider shall have sent a notice in writing to the Client demanding the making of such payment; provided that, the foregoing shall not apply to any amounts which the Client has been invoiced and is legitimately and bona fidely disputing its liability to pay; (b) the Client shall default in the performance of, or shall otherwise breach, any of its other duties and obligations under this Agreement; provided that, if such default or breach is capable of being cured, the right to terminate under this subsection 7.4(b) shall arise only if the Client shall fail to fully cure such default or breach to the reasonable satisfaction of the Provider within twenty one (21) days following 8.2 No Liability for Consequential Damages. The parties agree that in no case shall the Provider or the Client be liable for any loss of business, consequential or indirect damages. 9.0 INDEMNIFICATION 9.1 Indemnification by the Provider in favour of the Client. (a) The Provider shall, and does hereby, indemnify, defend and hold harmless the Client and its affiliates, subsidiaries and shareholders and each of their respective officers, directors, and employees (each, a "Client Indemnitee") from and against any and all claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, awards, settlements and compromises relating thereto and reasonable lawyers' fees and reasonable disbursements in connection therewith) (each, an "lndemnifiable Loss") which may be asserted against or suffered by each Client Indemnitee relating to, or in connection with, or resulting from or arising out of any negligence or willful misconduct of the Provider, its employees or any authorized representatives, including any of its third party contractors, consultants, agents or advisors, in performing the Provider's duties and obligations under this Agreement. For greater certainty, in the event of contributory negligence or other fault of a Client Indemnitee, such Client Indemnitee shall only be indemnified hereunder in the proportion that the Client Indemnitee's negligence or fault did not contribute to the lndemnifiable Loss in respect of which indemnity is then being sought. (b) The Client shall, for all purposes, be deemed to hold the provisions of subsection 9.1 (a) hereof that are for the benefit of the Client lndemnitees that are not a party to this Agreement in trust for such Persons as third party beneficiaries under this Agreement; and, if a Client Indemnitee shall, by reason of its not being a party to this Agreement or for any other reason whatsoever, be precluded from asserting a claim for indemnification to which it is otherwise entitled under this Article 9.0, the Provider hereby agrees that the Client shall be entitled to assert, and to receive payment of, any and all such claims for and on behalf, and in the place 9.3 Indemnification Procedure. (a) If a Person entitled to indemnity under Section 9.1 or Section 9.2 hereof (such Person being sometimes referred to in this Section 9.3 as the "Indemnified Party") wishes to assert a claim for indemnity against a Person liable to it under Section 9.1 or Section 9.2 hereof (such liable Person(s) being sometimes referred to in this Section 9.3 as the "Indemnifier"}, it can only do so by giving a notice in writing (a "Claim Notice") to the Indemnifier as soon as is reasonably practicable, which Claim Notice must provide reasonable particulars of the details of the lndemnifiable Loss for which indemnity is then being sought and the amount thereof, such amount being herein called the "Indemnity Amount". (b) The Indemnifier shall have the period of twenty one (21) days following its receipt of such Claim Notice (such period being herein called the "Cure Period") in which to cure or rectify, at its sole cost, the matters for which indemnity is being sought, as specified in such Claim Notice, and the Indemnifier shall forthwith do all that is reasonably within its power to do so as to cause or effect such cure or rectification; and, if the matter for which indemnity is sought: (i) has been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, on or prior to the expiration of the Cure Period, the Indemnifier shall have no further liability to the Indemnified Party in respect thereof; or (ii) has not been fully cured or rectified to the satisfaction of the Indemnified Party, acting reasonably, prior to the expiration of the Cure Period, the Indemnifier shall, forthwith upon the expiration of the Cure Period, pay to the Indemnified Party the amount payable in respect of that matter pursuant to this Article 9.0. 10.0 REMEDIES FOR BREACH 10.1 Application for Court Order. If a party hereto is in breach of or in default under this Agreement, the other party hereto (if itself is not in breach of or in default under this Agreement) shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the party hereto in breach/default from continuing the activity (d) Should the parties commence arbitration pursuant to this Section 11.2, the following rules shall apply: (i) the arbitrator shall be bound by the terms of this Agreement and may not detract from or add to its terms; (ii) the parties hereto may by mutual written agreement specify the rules that are to govern the arbitration proceedings and limit the matters to be considered thereat; and (iii) the findings and award of the arbitrator shall be final and conclusive and shall be binding upon the parties hereto and shall not be subject to appeal. (e) Subject to Section 10.1 hereof, each of the parties hereto agrees that it shall not bring a lawsuit concerning any dispute covered by the arbitration provisions of this Section 11.2. 12.0 NOTICES 12.1 All notices and communications sought or, by the terms hereof, required to be given by one party hereto to another shall be given in writing by personal delivery (which delivery may be effected by depositing the notice or communication in question with a responsible courier service for delivery (courier charges fully prepaid) to the addressee thereof), by registered/certified mail (postage fully prepaid) mailed from anywhere within the United States or Canada, or by telecopier, delivered, addressed or telecopier to such other party at the address/telecopier number specified for such party in Schedule "A" annexed hereto (or at such other address and/or telecopier number as may be given by a party hereto to the other by notice in writing from time to time) and such notices or communications shall be deemed to have been received, if sent by personal delivery, upon delivery, if transmitted by telecopier, upon the completion of its transmission or, if sent by registered or certified mail, four days following the day of the mailing thereof; provided that, if any such notice or communication shall have been mailed and if regular mail service shall be interrupted by strikes or other irregularities, such notice or communication shall be deemed to have been received four (4) days following the resumption of normal mail service. with respect thereto. There are no representations, inducements, promises, statements of intention or agreements, oral or written, among the parties hereto not embodied herein which are of any force or effect with reference to this Agreement or the subject matters hereof. 13.7 Further Assurances. Each party hereto agrees that, forthwith upon the written request of the other party hereto, the party so requested shall execute and deliver such further documents, cause such resolutions to be passed, exercise his vote and influence, and otherwise do and perform and cause to be done and performed any and all such further acts and things as are within his reasonable power to do and as are reasonably necessary or desirable in order to give full effect to each and every part of this Agreement and the matters herein provided for. 13.8 Independent Legal Advice. The parties acknowledge and agree that they have both had the opportunity to seek and obtain independent legal advice in respect of this Agreement, and the parties hereto acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution and delivery. 13.9 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Except as otherwise set forth herein, the parties hereto shall submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute arising under this Agreement. 13.10 No Partnership. Nothing in this Agreement shall be deemed in any way or for any purpose to constitute the parties hereto partners in the conduct of any business or otherwise. 13.11 Severability. Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction for any reason whatsoever shall, as to such jurisdiction only, be ineffective and severable from this Agreement to the extent of such invalidity, prohibition or unenforceability but such invalidity, prohibition or unenforceability shall not invalidate or otherwise affect the remaining provisions of this Agreement nor shall it affect the validity or enforceability of such provision in any other jurisdiction. 13.15 Schedules. Each Schedule shall form an integral part of, and be subject to the terms and conditions of, this Agreement. Without limiting the generality of the foregoing, unless otherwise set out in a Schedule, all capitalized terms used in a Schedule shall have the meanings given to such terms in the main body of this Agreement. 13.16 Conflict of Provisions. In the event of any conflict or inconsistency between the provisions contained in the main body of this Agreement and the provisions of any Schedule hereto, the provisions of the main body of this Agreement, and not such Schedule, shall prevail and govern to the extent of such conflict or inconsistency. 13.17 Construction Principle. The principle of construction whereby, if words of a contract are ambiguous, they should be interpreted against the author of the words and not against the other party, shall not apply. 13.18 Currency and Withholdings. All dollar amounts expressed in this Agreement are expressed in Canadian Dollars and all payments contemplated by this Agreement shall be made in Canadian funds, all of which payments shall be subject to all such withholdings and other deductions as may be required by all applicable laws and regulations. 13.19 Time of Essence. Time is and shall be of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement shall operate as a waiver of this provision. 13.20 Calculation of Time Periods. When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference date in calculating such period shall be excluded. If the last day of such period is a not a Business Day, the period in question shall end on the next Business Day. 13.21 Cumulative Remedies. Each of the parties hereto acknowledges and agrees that all remedies which it may have at law and in equity are cumulative and that the election of a party hereto to pursue any one or more remedies available to it shall not prevent it from pursuing any other remedies which may be available to it. SCHEDULE "A" to the Billing Agreement 1. If to the Client, at County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock, Ontario N4S 7Y3 (519) 539-9800 (519) 421-2207 CAO 2. If to the Provider, at Town of Tillsonburg 200 Broadway Street Suite 204 Tillson burg ON N4G 5A 7 (519) 842-9431 (519) 688-3009 CAO NOTICES (full/ega/ name of company) (full mailing address) (telephone number) (fax number) (contact name) (position) (full/ega/ name of company) (full mailing address) (fax number) (telephone number) (contact name and/or position) a) final readings b) locates c) water quality d) rate inquiries e) high water consumption concerns f) leaking water meters g) requests for remote meters h) any miscellaneous water calls xi. reporting -provide electronic monthly water and sewer statistics 3. The Provider shall remit payment for water and sewer revenues billed for the month by the fifteenth working day of the following month, less the cost of per customer fee and a 1% holdback of total revenues for adjustment of bad debts. Bad debt amounts will be reconciled annually. 4. The Provider shall send to the customer one piece of communication per year (inserts to be supplied by the Client according to the Town of Tillsonburg specifications); all communications to be mutually agreed to. 5. Any special billings and/or additional communications will be billed in addition to the normal fee at an amount negotiated with the Client. 25 Fee Structure Table: January 1 to December 31, 2011 January 1 2012 to December 31, 2012 Metered Water Service Metered Water Service Flat Rate Service 27 $3.83 Per Bill plus extra meter reading costs of $5,500 $3.85 Per Bill $2.95 Per Bill THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3646 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 1.2 to By-Law Number 3295, is hereby amended by deleting Section 1.2 and replacing it with the following: "1.2 ADMINISTRATION This By-Law shall be administered and enforced by such person or persons as shall be appointed from time to time by by-law of the Corporation as "Chief Building Official"." 2. That Section 1.3 to By-Law Number 3295, is hereby amended by deleting Section 1.3 and replacing it with the following: "1.3 INSPECTION The Chief Building Official I Building Inspector or an officer or employee of the Corporation acting under the direction of Council may enter upon any property or premises at any reasonable time for the purpose of administering or enforcing this By-Law." 3. That Section 2.6 to By-Law Number 3295, is hereby amended by deleting the reference to By-law Number "3289" and replacing it with "3295". 4. That Section 2 to By-Law Number 3295, is hereby amended by adding the following Section: "2.7 FIGURES AND APPENDICES Unless otherwise noted, figures, appendices and illustrations included in this By-Law are for interpretation purposes only and do not form part of the Town of Tillson burg Zoning By-Law Number 3295." 5. That Section 4 to By-Law Number 3295, is hereby amended by deleting Section 4.3. 6. That Section 4 to By-law Number 3295, is hereby amended by deleting Section 4.186. The Corporation of the Town of Tillson burg By-law Number 3646 13. That Section 4.70 to By-Law Number 3295, is hereby amended by adding the phrase "front yare!' after the phrase "See "Yard"". 14. That Section 4.102 to By-Law Number 3295, amended by deleting Section 4.102 and replacing it with the following: 15. "4.1 02 "LOT COVERAGE", means that percentage of the lot area covered by the horizontal projections of the area of all buildings, but excluding the area covered by balconies, canopies, decks and overhanging eaves which are 2.0 m (6.56 ft) or more in height above finished grade." 16. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.110 through 4.112 to 4.111 through 4.113. 17. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: "4.110 "MOBILE FOOD VENDING", means the sales of refreshment for consumption by the public that are conducted from a vehicle, cart, or other structure which has not been assessed as commercial and includes but is not limited to: catering vehicles, chip wagons, hot dog carts, sausage carts and ice-cream vendors, including vehicles from which pre-prepared, pre- packaged refreshments or prepared in the vehicle, or from a vehicle that transports prepared refreshments, to be sold for consumption by the public, but does not include self serve vending machines". 18. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.114 through 4.137 to 4.115 through 4.138. 19. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: "4.114 "MOBILE VENDING UNIT", means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, tent, ground covering or other device designed to be portable and not permanently attached to the ground from which any goods, wares, or merchandise other than food are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting solely of the goods, wares or merchandise being peddled, sold, served, displayed or offered for sale. 20. That Section 4 to By-Law Number 3295, is hereby amended by renumbering Sections 4.139 through 4.164 to 4.140 through 4.165. 21. That Section 4 to By-Law Number 3295, is hereby amended by adding the following Section: The Corporation of the Town of Tillson burg By-law Number 3646 Zone Provision Lot Area, Minimum Lot Frontage, Minimum Lot Depth, Minimum Front Yard, Minimum Depth and Exterior Side Yard, Minimum Width Rear Yard, Minimum Depth Interior Side Yard, Minimum Width Setback, Minimum Distance from the Centre line of an Arterial Road, as designated on Schedule "B" of this By- Law Lot Coverage, Maximum Landscaped Open Space, Minimum Gross Floor Area, Minimum Height of Dwelling, Maximum Parking, accessory uses, permitted encroachments and other general provisions TABLE 6.2: ZONE PROVISIONS R1 Zone Uses 480 m2 (5, 166.8 ff) or 608 m2 (6,544.7 te) in the case of a comer lot 15 m (49.2 ft) or 19 m (62.3 ft) in the case of a comer lot 32m (105ft) 7.5 m (24.6 ft) 12m (39.3 ft) 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the narrow side, provided that where a garage or carport is attached to or is within the main building, or the lot is a comer lot, the minimum width shall be 1.2 m (3.9 ft). 20.5 m (67.3 ft) 33% of the lot area 30% of the lot area 93 m2 (1 ,001.1 ft2) 10.5 m (34.4 ft) In accordance with the provisions of Section 5 R1AZone Uses 375 m2 (4,036.6 ff) or 480 m2 (5, 166.8 tt2) in the case of a comer lot 12.5 m (41 ft) or 16 m (52.5 ft) in the case of a comer/at 30 m (98.4 ft) 7.5 m (24.6 ft) for an existing lot 6 m (19.7 ft) for a lot created after the passing of this By-Law, except where the front or exterior yard abuts an arterial road, in which case the minimum front or exterior side yard abutting such road shall be 7.5 m (24.6 ft). 10.5 m (34.4 ft) 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the narrow side, provided that where a garage or carport is attached to or is within the main building, or the lot is a comer lot, the minimum width shall be 1.2 m (3.9 ft). 20.5 m (67.3 ft) 35% of lot area 30% of the lot area 93 m2 (1 ,001.1 ft2) 10.5 m (34.4 ft) In accordance with the provisions of Section 5 The Corporation of the Town of Tillsonburg By-law Number 3646 TABLE 7.2: ZONE PROVISIONS Duplex Dwelling, Zone Provision Single Detached Semi-detached Converted Dwelling Dwelling Dwelling or Public Use Setback, Minimum 20.5 m (67.3 ft) distance from the centre line of an Arterial Road as designated on Schedule "B" of this By-Law Lot Coverage, 40% of the lot area Maximum Landscaped Open 30% of the lot area Space, Minimum Gross Floor Area, 83 m2 (893.4 ft2) 75m2 (807.3 ft2) for 65 m2 (699.7 fe) for Minimum each dwelling unit each dwelling unit Height of Building, 10.5 m (34.4 ft) Maximum Parking, accessory In accordance with the provisions of Section 5 uses, permitted encroachments and other general provisions 28. That Section 13 to By-Law Number 3295, is hereby amended adding the term "a department store" to the list of permitted uses in Table 13.1. 29. That Section to By-law Number 3295, is hereby amended by deleting Section 5.0 and replacing it with the following: 5.1 ACCESSORY USES, BUILDINGS, STRUCTURES 5.1.1 ACCESSORY USES, BUILDINGS AND STRUCTURES PERMITIED 5.1.1.1 Where this By-Law provides that a lot may be used or a building or structure may be erected or used for a particular purpose, that purpose shall include any accessory building or structure or accessory use, provided that: it is not to be used for any occupation for gain or profit, except as permitted in this By-Law; The Corporation of the Town of Tillsonburg By-law Number 3646 ii) iii) iv) v) vi) a carport may be erected on a Jot in a residential or entrepreneurial zone only where it is built over a driveway, is located in an interior side yard, does not exceed a length of 7.5 m (24.6 ft) and complies with all the other provisions of Table5.1.1.4 on a residentially or entrepreneurial zoned lot, one (1) accessory building, not exceeding 10.0 m2 (107.6 ft2) in gross floor area, may be excluded from the calculation of total lot coverage. accessory buildings or structures, not exceeding 2.5 m (8.2 ft) in height, may be located within a required exterior side yard, provided that a minimum exterior side yard setback of 3 m (9.8 ft) is maintained and such exterior side yard is enclosed by a privacy fence or planting strip with a minimum height of 1.5 m (6ft). where an existinq residentially or entrepreneurial zoned lot exceeds 1,500 m (16, 146.4 ft2) in lot area, the maximum lot coverage for all accessory buildings and structures shall not exceed 100 m2 (1 ,076.4 ft2) of ground floor area and no accessory building or structure shall exceed 4.5 m (14.8 ft) in height. covered and uncovered decks, patios, porches/verandas and other similar structures shall only be permitted in accordance with the provisions of Section 5.35.1.2. 5.1 .2 EXCEPTIONS The following accessory uses are not subject to the provisions of Section 5.1.1.4, provided that they are in accordance with the provisions noted in Table 5.1.2: TABLE 5.1.2-ACCESSORY USE ExCEPTIONS AND RELATED PROVISIONS Structures Specific Provisions -clothes poles, flag poles and None basketball standards; -garden trellises; -ornamental fountains, statues, cenotaphs, monuments and memorials; -planters, benches and picnic tables; -retaining walls, sidewalks, pavements, and curbs; and -other similar accessory uses. The Corporation of the Town of Tillson burg By-law Number 3646 c) other than the rear yard depth requirement as set out in subsection above, the placement of a cargo container shall comply with Table 5.1.1.4-Regulations for Accessory Buildings and Structures. 5.3 CONTROL OF ANIMALS AND BIRDS Where an Animal Control By-Law has been passed by the Town, the prohibition or regulation of the keeping of animals, birds or reptiles within any Zone shall be controlled by such By-Law. 5.4 DWELLING UNITS BELOW GRADE No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room, or for a similar use only and shall not be used for sleeping accommodation. However, a dwelling unit, in its entirety may be located in a basement provided the finished floor level of such basement is not below the level of the sanitary or storm sewer serving the building or structure in which such basement is located and provided further, that the floor level of such basement is not more than 1.2 m (3.9 ft) below the adjacent finished grade. 5.5 EROSION HAZARD AREAS 5.5.1 DEFINITION OF EROSION HAZARD AREAS Erosion hazard areas shall correspond to the fill regulated areas established by the Long Point Region Conservation Authority, as indicated on Schedule "A" of this By-Law. 5.5.2 PERMITTED USES All of the uses of the underlying zone may be permitted within an erosion hazard area, subject to complying with the provisions of a geotechnical study, undertaken by the applicant pursuant to Section 3.2.8.2.1 of the County of Oxford Official Plan. Existing buildings and structures shall be recognized as permitted uses within an erosion hazard area, provided that any expansion or change of use of such buildings and structures shall also be subject to compliance with the provisions of a geotechnical study as indicated above. The Corporation of the Town of Tillsonburg By-law Number 3646 5.8 FLOOD AND FILL AREAS 5.8.1 EXTENT OF THE FLOOD PLAIN AND FILL REGULATED AREA The Flood Plain and Fill Regulated Area apply to lands within the Regulatory Flood Plain and Fill Regulated Area established by the Long Point Region Conservation Authority. Where the Conservation Authority has not established flood lines, proponents may be required to complete such mapping to the satisfaction of the Conservation Authority, prior to development. The Zoning Officer shall notify the Conservation authority of development plans within the Regulated Area to determine whether such flood plain mapping is required and to obtain written confirmation from the Conservation Authority that the proposed development complies with all applicable regulations. Until Significant Valleylands have been defined through study, they will be defined as the lands associated with the Regulatory Flood Plain or Fill Regulated Area established by the Conservation Authority. 5.8.2 IDENTIFICATION OF THE FLOOD PLAIN AND FILL REGULATED AREA The Regulatory Flood Line is shown by a dotted line indicating the area subject to flood regulations on Schedule "A" of this By-Law. A dashed bracket on Schedule "A" of this By-Law shows the limits of the Fill Regulated Area. 5.8.3 PERMITTED USES WITHIN THE REGULATORY FLOOD PLAIN Only the following uses are permitted within the area of the Regulatory Flood Plain, provided that they are also permitted in the underlying zone: • flood control works; • a park; • a public use in accordance with the provisions of Section 5.25 of this By-Law; • a sand or gravel pit; • a stone quarry; • a conservation project; except that no buildings or structures shall be permitted unless accessory to flood control works or a conservation project. All other uses not explicitly listed above, shall be prohibited within the area of the Regulatory Flood Line. The Corporation of the Town of Tillsonburg By-law Number 3646 iii) the garden suite must be sited on the same lot as the main residential building and the owner of the lot must live on the property; iv) the garden suite may only be located in the rear yard of the lot; v) the garden suite must comply with the regulations for accessory buildings set out in Table 5.1.1.4 -Regulations for Accessory Buildings and Structures for Residential Zones; and vi) an agreement is entered into with the Corporation and registered on title specifying the period of temporary occupancy by any persons named, requirements for the removal of the garden suite, building design details, drainage and servicing works and monetary or other forms of security which may be required. 5.9.3 ACCESSORY BUILDING LOT COVERAGE FOR A GARDEN SUITE Where a garden suite is permitted in a Residential Zone pursuant to subsection 5.9.2, the accessory building lot coverage established in Table 5.1.1.4 may be exceeded by the ground floor area of the garden suite provided that the total lot coverage provision of the applicable Residential Zone is not exceeded. 5.10 GREATER RESTRICTIONS This By-Law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 5.11 GROUNDWATER RECHARGE AREAS 5.11.1 5.11.2 DEFINITION OF THE GROUNDWATER RECHARGE AREA The Groundwater Recharge Area includes the area shown on Schedule "D" of this By-Law. PERMITIED USES All uses existing at the date of passing of this By-Law shall be permitted uses within the Groundwater Recharge Area. All uses permitted within the underlying zone shall be permitted within the Groundwater Recharge Area, with the exception of those listed in Section 5.11.3 of this By-Law. The Corporation of the Town of Tillsonburg By-law Number 3646 5.12.2 ZONE REQUIREMENTS A Group home shall comply with the zone provisions for dwellings permitted in the zone in which such use is located. 5.13 HOME OCCUPATION 5.13.1 5.13.2 5.13.3 5.13.4 5.13.5 5.13.6 5.13.7 WHERE PERMITTED A home occupation is permitted, subject to complying with all appropriate zoning provisions, in all zones permitting a residential dwelling unit and shall be permitted within the residential dwelling unit. FLOOR AREA LIMIT Not more than the cumulative total of 25 m2 (269.1 ft2) of gross floor area of the residential dwelling unit shall be used for the purposes of the home occupation use. STORAGE, DISPLAY AND SIGNAGE There shall be no external storage of goods or materials and no external display or advertising other than one (1) unlit sign with an area of not more than 1 m2 (1 0.8 ft\ directly attached to the wall of the residential dwelling unit. ADVERTISEMENT Media advertising of the home occupation shall be restricted to the publishing of the home occupation and telephone number, but no municipal address. EMPLOYEES There are no persons employed other than a member of the family residing on the lot. RETAIL SALES Retail sale of items shall be prohibited, except for items made as part of an approved home occupation. REPAIR USES Repair of goods shall be prohibited, except for household appliances and electronic equipment as part of an approved home occupation. The Corporation of the Town of Tillsonburg By-law Number 3646 5.14 LOADING PROVISIONS 5.14.1 5.14.2 LOADING SPACES REQUIRED The owner or occupant of any lot, building or structure in a Commercial, Institutional or Industrial Zone, erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares and merchandise and raw materials shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or Jane, within the zone in which such use is located, loading or unloading facilities in accordance with the rates set out in Table 5.14.1. TABLE 5.14.1 -LOADING SPACE REQUIREMENTS Zone Gross Floor Area Number of Loading Spaces Required Commercial, 350-2,000 m2 (3,767.5-21,528.5 fe) 1 Institutional, 2,001-6,500 m 2 (21,539.3-69,967.7 fe) Industrial, or 2 Open Space Zone 6,501-12,000 m 2 (69,978.5-129,171.2 ft2) 3 Greater than 12,000 m2 (129,171.2 ft2) 4 Where more than one (1) primary building is located on a lot, the loading space requirements indicated in Table 5.14.1 shall be applied to each such building individually, with any required spaces to be located immediately adjacent to the building for which they are required. STANDARDS FOR LOADING SPACES All loading spaces must be rectangular and comply with the provisions of Table 5.14.2 below: TABLE 5.14.2-LOADING SPACE STANDARDS Design Provision Minimum Standard Length 14m (45.9 ft) Width 4 m (13.1 ft) Vertical Clearance 4.5 m (14.7 ft) Location 1.5 m (4.9 ft) from an interior side or rear lot line and 15m (49.2 ft) from a street line. In addition, no loading space shall be located in any portion of a required yard abutting a Residential, Future Development or The Corporation of the Town of Tillsonburg By-law Number 3646 5.15 LOTS CONTAINING MORE THAN ONE USE 5.15.1 LOT AREA AND LOT FRONTAGE REQUIREMENTS Where a lot contains more than one (1) use, which is not an accessory use, the lot area requirement shall be the sum of the requirements for each separate use. The lot frontage requirement shall be the greatest of the Jot frontage requirements for each separate use in the zone where such lot is located. 5.16 LOTS DIVIDED INTO MORE THAN ONE ZONE Where a lot is divided into more than one (1) zone, each such portion of the lot shall be used in accordance with the provisions of this By-Law for the zone where such portion of the lot is located. However, for the purposes of determining minimum Jot area and minimum lot frontage, the entire lot shall be considered, with the exception of any areas covered by an environmental protection overlay or located within a flood plain, as identified on Schedule "A" of this By-Law. 5.17 MOBILE FOOD VENDING A mobile food vending unit shall only be permitted in the Service Commercial, Neighbourhood Commercial, and Industrial zones and shall be subject to municipal licensing standards. 5.18 MOBILE VENDING UNIT A mobile vending unit shall only be permitted in the Service Commercial, Neighbourhood Commercial, and Major Institutional Zones, and shall be subject to municipal licensing standards. 5.19 MUNICIPAL SERVICES 5.19.1 5.19.2 No land shall be used or built upon and no building or structure shall be erected, used or expanded for any purpose unless the land is serviced by municipal services (municipal water, sanitary sewers, drainage systems and improved streets) which meet the municipal standards in effect and have adequate capacity to service the use or development. Notwithstanding the foregoing, the following may be permitted without full municipal services: The Corporation of the Town of Tillsonburg By-law Number 3646 5.20.4 • Such dwelling is located on an appropriately zoned lot in a registered plan of subdivision, or an appropriately zoned lot created through consent; or • Such dwelling is located on an appropriately zoned lot of record, which is not located within a registered plan of subdivision, and is located no closer to any industrial use identified in Section 5.20.1 than one ( 1) or more existing noise sensitive land uses located on appropriately zoned lots, provided that such uses are located between the lot to contain the proposed dwelling and the identified industrial use. SETBACK ADJACENT TO A RAILWAY Notwithstanding any other provisions of this By-law to the contrary, where any lot line or portion thereof abuts a railway right-of-way, the setback and other noise mitigation measures shall be established with consultation from the owner of the Railway. 5.21 NON-CONFORMING USES, SITES AND BUILDINGS 5.21.1 CONTINUATION OF EXISTING USES 5.21.2 The provisions of this By-Law shall not prevent the use of any lot, building or structure for any purpose prohibited by this By-Law if such lot, building or structure was lawfully used for such purpose on the date of passing of this By-Law, and provided that it continues to be used for that purpose. For the purpose of this By-Law, a barn used for housing livestock shall be deemed to comply with this provision, provided that it continues to be used to house the same type of livestock as it did on the date of passing of the By-Law. For the purposes of this By-Law, lawfully used will be restricted, for the purposes of proof, to existing as of April261h, 1977. NON-CONFORMING BUILDING LOCATION Notwithstanding any of provisions of this By-Law to the contrary, any building or structure, which lawfully existed at the date of passing of this By-Law, shall be deemed to comply with the relevant provisions of this By-Law pertaining to setbacks from a street line, yards and lot coverage, provided that no portion of any such building or structure encroaches on any abutting road allowance or lot. Extensions or additions to any such building or structure shall still be subject to the provisions of Section 5.21.7. The Corporation of the Town of Tillsonburg By-law Number 3646 5.21.6 5.21.6.1 5.21.6.2 5.21.6.3 5.21.6.4 5.21.6.5 5.21.7 5.21.7.1 5.31.7.2 5.21.7.3 REPLACEMENT OF NON-CONFORMING BUILDINGS Where a non-conforming building or structure is damaged or demolished due to an accidental cause, or is in poor state of repair, nothing in this By-Law shall prevent the replacement of the non- conforming or non-complying building or structure provided that: the building or structure is occupied by the same use or by a permitted use; the building or structure is located on or within the limits of the foundation walls of the building or structure as they existed prior to such destruction; the height and gross floor area of such replacement does not exceed the height and gross floor area of the building as it existed prior to such destruction; the building or structure does not encroach on a municipal road allowance; and the building or structure is replaced and reoccupied within one ( 1) year of such destruction. EXTENSIONS TO NON-CONFORMING BUILDINGS Nothing in this By-Law shall prevent an extension or an addition being made to a non-conforming use, building or structure provided that: the use, building or structure existed at the date of passing of this By-Law but does not comply with one (1) or more of the zone provisions of this By-Law; and that such extension or addition does not contravene any of the zone provisions of this By-Law. Notwithstanding Section 5.21. 7.2, for a residential use in any residential zone or EC zone that such extension of addition does not further contravene any of the zone provisions of this By-Law. The Corporation of the Town of Tillsonburg By-law Number 3646 5.23 OUTDOOR PATIOS 5.23.1 5.23.2 5.23.3 5.23.4 5.23.5 OUTDOOR PATIOS PERMIITED An outdoor patio is permitted where it is operated as part of an eating establishment, tavern, community complex, refreshment room, institutional hall or golf course listed as a permitted use in the applicable zone provisions. LOCATION An outdoor patio shall only be established in accordance with the following criteria: a) an outdoor patio is prohibited in a yard abutting a Residential, Entrepreneurial or Institutional Zone; b) an outdoor patio is prohibited within any yards abutting a street if a Residential Zone or Entrepreneurial Zone is located on the opposite side of the street; and c) a terraced or rooftop patio is not permitted on any property abutting a Residential Zone. PARKING The gross floor area of any outdoor patio shall be included for the purposes of calculating required parking in accordance with Table 5.24.2.1. ENCROACHMENT INTO REQUIRED YARDS Despite any required yard setbacks of the applicable zone, an outdoor patio may project to within 1.2 m (3.9 ft) of the lot line provided that the criteria of Section 5.23.2 are complied with. ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE An outdoor patio, in the Central Commercial (CC) zone, may be permitted to encroach onto an improved street only where it will not interfere with pedestrian or vehicular traffic and only where a valid encroachment agreement has been entered into with the Corporation and remains in good standing. The Corporation of the Town of Tillsonburg By-law Number 3646 5.24.1.5 5.24.1.6 shall have a single axel. No more than one (1) commercial vehicle is permitted to be parked or stored in accordance with this Section. No person shall use any lot, building or structure in a Residential Zone or Entrepreneurial Zone for the parking or storage of any tractor-trailer or part thereof. The provision of this subsection shall not include commercial motor vehicles or tractor-trailers, which temporarily attend at residential premises for the purpose of delivery and/or service provided to the occupants of such residential premises. ACCESS TO PARKING SPACE A parking space must have unobstructed access from a public street or public lane by either a driveway or an aisle leading to a driveway. ALL RESIDENTIAL REQUIRED MINIMUM SETBACK ZONES Permitted Location Any yard other than a front yard or exterior side yard. 1.2 m (3.9 ft) Height, Maximum 3.7 m (12.1 ft) Rear Yard 1.2 m (3.9 ft) PARKING SPACE AND PARKING AISLE STANDARDS Motor vehicle parking spaces and parking aisles shall comply with the standards set out in Table 5.24.1.6 and be in accordance with Schedule "C" of this By-Law. TABLE 5.24.1.6-PARKING SPACE AND AISLE STANDARDS Minimum Minimum Depth Angle of the Perpendicular Width of of Parking Minimum Width of Parking Spaces the Aisle Space Parking Space 30 degree 3.4 m (11.2 ft) 4.6 m (15.1 ft) 2.7 m (8.9 ft), 45 degree 3.7 m (12.1 ft) 5.5 m (18ft) except for parking spaces flanking a 55 degree 4.3 m (14.1 ft) 5.8 m (19ft) wall, fence or other 60 degree 4.9 mJ16.1 ft}_ 5.8 m (19ft) obstruction, which shall be 3 m (9.8 ft) 65 degree 5.2 m (17.1 ft) 5.8 m (19ft) 70 degree 5.5 m (18ft) 5.8 m (19ft) 90 degree 7.3 m (24ft) 5.5 m (18ft) The Corporation of the Town of Tillsonburg By-law Number 3646 5.24.1.9 5.24.2 5.24.2.1 ADDITIONS TO BUILDINGS The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this By-Law so long as the floor area, as it existed at such date, is not increased, and the building or structure is used for a purpose which does not require more parking spaces according to Section 5.24.2 of this By- Law than were required by its use at the date of passing of this By- Law. If an addition or change of use is made to a building or structure as it existed at the date of passing of this By-Law, then additional parking spaces shall be provided to the number required for such addition or change in use. MOTOR VEHICLE PARKING STANDARDS OFF-STREET PARKING REQUIRED Off-street parking for motor vehicles must be provided as set out in Table 5.24.2.1. TABLE 5.24.2.1 -PARKING STANDARDS Land Use Number of Vehicle Parking Ca!_eg_ory S_p_aces Required Residential Uses -single detached dwelling - 2 per dwelling unit -duplex dwelling -semi-detached dwelling -converted dwelling -mobile home -street fronting townhouse dwelling -home occupation, except a - 1 bed and breakfast establishement -bed and breakfast - 1 per guest room establishment -boarding or lodging house -garden suite - 1 per garden suite -residential unit in a portion of -1.5 per dwelling unit a non-residential building -multiple unit dwelling -apartment dwelling Business Uses -commercial school - 1 per 20m~ (215.3 ftL) of -financial institution gross floor area -laundromat -personal service establishment -retail store -service shop -studio -eating establishment - 1 per 9 m~ (96.9 W) of gross floor area The Corporation of the Town of Tillson burg By-law Number 3646 5.24.2.2 5.24.2.3 TABLE 5.24.2.1 -PARKING STANDARDS Land Use Number of Vehicle Parking Category Spaces Required -arena or community centre -1 per 10 m:t (107.6 ft:l) of -assembly hall gross floor area or 1 space for -fraternal lodge or every 4 seats whichever is institu greater tiona/ hall -place of entertainment -bowling alley -4 per lane -curling facilit}' - 4 j)_er curling sheet Other Uses -All other uses permitted by - 1 per 40 m~ (430.6 ft") of this By-Law other than those gross floor area listed in this table ACCESSIBLE PARKING Motor vehicle Parking spaces to be exclusively used for Accessible Parking shall be provided as follows: a) a minimum of 3.7 m (12.1 ft) wide and a minimum of 5.5 m (18.0 ft) in length; b) the minimum number required as part of the total number of parking spaces shall be as follows: Total Number of Required Number of Required Parking Spaces Accessible Parking S~ces 0-5 0 6-10 1 11-20 2 21 plus 5 % of total required parking spaces c) be constructed at the same grade as the entry to the building or entry to the access ramp or structure designed to facilitate entry for those requiring accessible parking; d) be located within close proximity to the building or access ramp or structure; and e) be clearly identified and reserved for the exclusive use of as accessible parking spaces. TANDEM PARKING Where parking is provided for a dwelling unit in an individual driveway, the required parking for that dwelling may be provided by a tandem parking space. The Corporation of the Town of Tillsonburg By-law Number 3646 5.24.4.1 5.24.5 TABLE 5.24.4: REQUIRED VEHICLE QUEUE SPACE Land Use Required Number of Spaces Automated Bank Machine situated on the 3 before each Automated Bank Machine exterior of a building or free-standing kiosk. Automobile SeNice Station/Repair 1 before each seNice bay Garage 1 at seNice bay exit if a through-bay Motor Vehicle Washing Establishment 3 before each wash bay 2 after each wash bay Eating establishment 10 before pick-up window 2 after pick-up window Convenience Retail or SeNice 2 before seNice window Establishment All required queue spaces must be provided in accordance with the following design standards: a) The minimum dimensions for each queue space must be 2. 7 m (8.87 ft) in width and 6 m (19. 7ft) in length; b) Queue spaces must be arranged in a single waiting line in advance and behind the drive through service window offered in accordance with Table 5.24.4; c) A minimum inside turning radius for queue spaces forming a waiting line is 7 m (23 ft) d) Queue spaces forming a waiting line must be unobstructed by parking spaces or loading spaces and must be clearly delineated by markings and barriers; e) Queue spaces forming a waiting line or storage space from the service offered cannot form part of a parking aisle providing access to a parking space; and f) Queue spaces shall not be located in a required yard abutting a Residential Zone or Entrepreneurial Zone. EXCEPTIONS-PARKING SPACE REQUIREMENTS Notwithstanding the minimum parking requirement contained Table 5.24.2.1, within the CC zone, the following minimum parking requirements shall apply: a) No additional parking spaces shall be required for any change of use within an existing building; The Corporation of the Town of Tillsonburg By-law Number 3646 5.25.4 5.25.5 DRIVEWAYS AND WALKS In all cases where the ingress and egress of a driveway and/or walk extend through a planting strip, it shall be permissible to interrupt the planting strip within 3 m (9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said walks. LANDSCAPED OPEN SPACE A planting strip referred to in this subsection may form part of any landscaped open space required by this By-Law. 5.26 PROHIBITED USES No person shall, within the Zoned Area, use any land or construct, alter or use any building or structure for any of the following purposes: • an arsenal; • cement, lime or sulphur works; • coke manufacture; • distilling bones, blood boiling, bone boiling, tripe boiling or extracting fish from oil; • fat, grease, lard or tallow rendering or refining but not including the manufacture of soap; • incineration or reduction of dead animals or offal; • kerosene refining; • manufacturing or storing of explosives, ammunition or fireworks; • a metal smelting use; • open storage, except where specifically listed as a permitted use; • petroleum refining; • a rendering plant; • a sand or gravel pit, other than a wayside sand or gravel pit; • a tannery for the curing and storing of rawhide, skins, leather or hair; • wool pulling or wool scouring; • any trade, business or manufacture which is deemed to be an offensive trade within the meaning of the Public Health Act, RSO, 1990. 5.27 PUBLIC USES 5.27.1 PUBLIC SERVICES The provisions of this By-Law shall not apply to the use of any lot or to the erection or use of any building or structure for the purpose of providing public services: The Corporation of the Town of Tillsonburg By-law Number 3646 5.27.4 5.27.5 STREETS AND INSTALLATIONS Nothing in this By-Law shall prevent land to be used as a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or underground hydro, telephone or other supply line or communication line or tower provided that the location of such main, line, tower or fixture has been approved by the Corporation. EXCEPTIONS 5.27.5.1 Where in this By-Law under the heading of "USES PERMITTED", a use is specifically permitted in a zone, which use without such reference thereto would be permitted in any zone pursuant to the provisions of Section 5.27 .1 , then such use shall be deemed to be permitted only within the zone or zones making such specific reference thereto and the said Section 5.27.1 shall not apply to such use. 5.27.5.2 Notwithstanding anything in this By-Law to the contrary, new infrastructure or utilities will only be permitted within any Zones or Environmental Overlay areas corresponding to the Open Space and Environmental Protection Designations and Fish Habitat Protection Areas in the County Official Plan, if they have been approved through an environmental assessment process. 5.28 SALE OF FIREWORKS The storage, sales, or display of fireworks shall be prohibited except in the Central Commercial Zone or Service Commercial Zone, and shall be subject to the Town of Tillson burg "Fireworks By-law" 3510, as amended. 5.29 SIGHT TRIANGLES On a corner lot within the triangular space formed by the street lines and a line drawn from a point on one (1) street line to a point in the other street line, each such point being 9 m (29.5 ft), measured along the street line from the point of intersection of the street lines, no building, structure, planting or vehicle shall be located in such a manner as to impede vision between a height of 0.6 m (2 ft) and 3 m (9.8 ft) above the centre line grade of the intersecting streets. Where the two (2) street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. The Corporation of the Town of Tillsonburg By-law Number 3646 5.30.1.4 5.30.2 5.30.2.1 5.30.2.2 Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or landing may be attached to a residential dwelling existing at the date of passing of this By-Law, or to any residential dwelling that has been replaced, rebuilt or otherwise altered in accordance with the above paragraph. Any such covered or uncovered deck, stoop and/or landing shall be constructed in accordance with Section 5.37 and shall not exceed 23.2 m2 (250 ft2) in area. ALL OTHER ZONE PROVISIONS APPLY All other zone provisions of the underlying zone shall continue to apply within the EP1 Overlay areas. ENVIRONMENTAL PROTECTION 2 OVERLAY AND FISH HABITAT The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the following Significant Environmental Features that are identified in the County Official Plan: Significant Valleylands Significant Woodlands Areas of Natural and Scientific Interest for the Life Sciences Significant Wildlife Habitat Fish Habitat shall consist of all watercourses, ponds, lakes and reservoirs within the Town. IDENTIFICATION OF THE EP2 OVERLAY AND FISH HABITAT The EP2 Overlay corresponds to the features listed in Section 5.30.2 and is identified on Schedule "A" of this By-Law. Section 2.5 of this By-Law provides an explanation for the interpretation of these overlay areas. Fish Habitat corresponds to all the water features listed in Section 5.30.2. PERMITTED USES Notwithstanding the provisions of the underlying zone, no person shall within any EP2 Overlay, or Fish Habitat, use any lot or erect, alter or use any building or structure for any purpose except one (1) or more of the following uses: • A public use authorized through an environmental assessment process; The Corporation of the Town of Tillsonburg By-law Number 3646 Notwithstanding the above, buildings or structures accessory to an existing dwelling located within the EP1 Overlay or within 120 m (393.7 ft) of the EP1 Overlay, may be permitted within 120 m (393. 7 ft) area adjacent to the EP1 overlay without an Environmental Impact Study, in accordance with the provisions of Section 5.1 of this By-Law, pertaining to accessory residential buildings and structures. 5.30.3.2 Development, site alteration and stockpiling of materials within 50 m (164 ft) of the EP2 Overlay or edge of fish habitat, except for those uses permitted in Section 5.30.2.2, must comply with the Environmental Impact Study Requirements in Section 3.2.4.2 and 3.2.6 of the County of Oxford Official Plan. 5.30.4 5.30.4 Notwithstanding the above, buildings and structures accessory to an existing dwelling within the EP2 Overlay or within 50 m (164ft) of the EP2 overlay or fish habitat shall be permitted in accordance with the provisions of Section 5.1 of this By-Law pertaining to accessory residential building and structures. PERMITIED USES All of the uses of the underlying zone are permitted within the distances specified, subject to the provisions of an Environmental Impact Study undertaken by the applicant pursuant to Section 3.2.4.2 and 3.2.6 of the County of Oxford Official Plan. Notwithstanding this provision, an Environmental Impact Study will not be required if an exemption is granted under Section 3.2.6 of the County of Oxford Official Plan. ZONE REQUIREMENTS All other zone provisions of the underlying zone shall continue to apply within these areas, unless the Environmental Impact Study recommends new provisions. Where new provisions are recommended by an Environmental Impact Study, a zoning By-Law amendment shall be required to incorporate such provisions into this By-Law. 5.31 SITE PLAN CONTROL Where uses located within any of the zones described in this By-Law are also within an area designated by By-Law as being subject to site plan control, they shall be subject to the provisions of the zone as well as any requirements of the Town of Tillsonburg's Site Plan Control By-Law and associated guidelines, as amended. The Corporation of the Town of Tillsonburg By-law Number 3646 TABLE 5.34.1.5-RECREAllONAL VEHICLE SETBACKS ALL RESIDENllAL REQUIRED MINIMUM SETBACK ZONES Front Yard Same as that required for a main building Exterior Side Yard Same as that required for a main building Interior Side Yard 1.0 m (3.28 ft) Rear Yard 1.0 m (3.28 ft) 5.34.1.6 Notwithstanding any provision of Table 5.34.1.5 to the contrary, the following provisions shall also apply: 5.34.2 5.34.3 i) a recreational vehicle, other than a snowmobile, may be temporarily parked or stored in a required front yard or exterior side yard from April 15 to October 15, provided that the recreational vehicle is stored on a driveway and is situated a minimum of 2.0 m (6.56 ft) from the edge of pavement/ road finish; ii) the only recreational vehicle that may be temporarily parked or stored in a required front yard or exterior side yard from November 1 to March 31 is a snowmobile, provided that the snowmobile is stored on a driveway. FULLY ENCLOSED Notwithstanding the provisions of Section 5.34.1 of this By-Law, the limitations imposed herein shall not restrict the number of recreational vehicles that are fully enclosed within a private garage. OCCUPANCY No recreational vehicle shall be used for human habitation while stored on any lot. 5.35 THROUGH LOTS Where a lot which is not a corner Jot has frontage on more than one ( 1) street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of the zone or zones in which such lot is located. The Corporation of the Town of Tillsonburg By-law Number 3646 • Towers and associated buildings and structures shall be setback 150m (492.1 ft) from a residential zone. 5.37 YARD, SETBACK AND HEIGHT-PERMITIED ENCROACHMENTS 5.37.1 PERMITTED PROJECTIONS INTO REQUIRED YARDS Notwithstanding the yard requirements of this By-Law, the following projections are permitted from a main building in accordance with the provisions set out in Table 5.37.1. TABLE 5.37 .1 -PERMITTED PROJECTIONS INTO REQUIRED YARDS Permitted Minimum Setback Projections into Between Projection Structure Required Yards and Lot line Uncovered and unenclosed steps, All Yards-no limit Interior Side 0.6 m not exceeding 1.2 m (3.9 ft) above (2 ft), Front, Exterior grade, providing access to a Side and Rear 3 m basement or a ground floor, deck, (9.84 ft) stoop or landing Fire escapes, steps providing Rear and Interior 1.2 m (3.94 ft) access above the ground floor and Side Yard, 1.2 m balconies above the ground floor (3.94 ft) Ramps used for handicapped All Yards, unlimited Interior Side, 1.2 m access (3.93 ft), Rear or Street line 3 m (9.84 ft} Balconies on apartment buildings All Yards, 1.5 m None (4.92 ft) Sills, belt courses, cornices, All yards, 0.6 m (2ft}, 0.6 m (2ft) pilasters, chimneys, eaves, gutters, parapets and pilasters and similar architectural features, provided that they are a minimum of 2m (6.56 ft) above grade Air conditioning units, heat pumps, All Yards, no limit None air exchangers, exhaust fan hoods and other similar mechanical structures. Bay windows, not exceeding 3 m Front, Rear and 5 m (16.4 ft) (9.84 ft) in width Exterior Side yards, 1 m (3.3 ft) Building cantilevers. Front and Rear, None 0.6 m (2ft) The Corporation of the Town of Tillsonburg By-law Number 3646 5.37.2 HEIGHT EXCEPTIONS The height provisions of this By-Law shall not apply to prevent the erection and/or use of the following uses, in zones where such uses are permitted, and provided that such features are erected only to such height as is necessary to accomplish their purpose: • a church spire, steeple or belfry; • a cupola, dome or other ornamental structure; • a flag pole; • a clock tower or bell tower; • a chimney or smoke stack; • a firewall, • a lightning rod or weathervane; • a sky light, elevator penthouse, water tank, mechanical penthouse or other heating, cooling or ventilation equipment, or structure enclosing such features; • a communication structure, in accordance with Section 5.37; • a radio or television antennae; • a feed mill, commercial grain elevator or silo; • any other similar structures." 30. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 10th day of September, 2012. READ a third time and finally passed this 10th day of September, 2012. Mayor John Lessif Clerk -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3648 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 1Gt. day of September,2012 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillson burg at its special meeting and regular meeting held on September 10, 2012, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 1<1" DAY OF SEPTEMBER,2012. READ A THIRD AND FINAL TIME AND PASSED THIS 1(1h DAY OF SEPTEMBER, 2012. MAYOR-John Lessif CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: Sept. 10, 2012 MOVED BY: WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar, ground mount solar and bioenergy generation projects (the "Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillson burg; THEREFOR RESOLVE THAT Tillsonburg Town Council supports the construction and operation of the Projects anywhere in the Town of Tillson burg. And Further that this resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. FURTHER RESOLVE THAT this resolution shall expire twelve (12} months after its adoption by Council. D D Carried Recorded Vote D Defeated 1 I ~ I A{l '\..---~v(y{s ~ Deferrea D Tabled ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: September 10, 2012 RESOLUTION NO.: 1 MOVED BY: G/ ~"---- SECONDED BY: j)f{/ 07 ~ -:;p RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of September 10, 2012, be adopted. fficarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: September 10, 2012 RESOLUTION NO.: 2 MOVED BY: {7~- /J 1 tl/ /// SECON OED BY: --...::./-+J.i....!..t~~~tl,.<;..f__,' ~.,__ . ..;_'/~K~'-......\;:;:£Z..;_)/"'_~_--__ I 6 RESOLVE THAT the Minutes of the Open Council Meeting of August 13, 2012, be approved. c{.rried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=5'--Date: September 10, 2012 RESOLUTION NO.: 3 MOVED BY: RESOLVE THAT the Town ofTillsonburg Committee of Adjustment approve Application File A 08/12 submitted by Jules & Diane Poszgai for lands described as Lot 1469, Plan 500 in the Town of Tillson burg as it relates to: 1) Relief from Section 5.3., Dwelling Units Below Grade, to permit a dwelling unit with a finished floor up to 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft), To allow for the construction of an additional dwelling unit in an existing multiple unit dwelling, subject to the following conditions: i) That a building permit for the proposed dwelling unit shall be issued within one year of the date of the Committee's decision. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ___;:6'----Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council approve the attached amending by-law for the application of the Town of Tillson burg, to introduce "housekeeping" amendments to Section 1.0-Administration, Section 2.0 -Interpretation and Schedules, Section 4.0-Definitions, Section 5.0-General Provisions, Section 6.0-Low Density Residential Type 1 Zone, Section 7.0-Low Density Residential Type 2 Zone, and Section 13.0-Central Commercial Zone; FURTHER RESOLVE THAT By-Law 3646, being a by-law to amend By-Law 3295, be brought forward for council consideration. Gcarried D Recorded Vote D Defeated D Deferred D Tabled __1/i.L. Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: 14 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives Report CAO 12-18 for information purposes. D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 15 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives report FIN 12-35 2013 Business Plans and Budgets -Proposed Meeting Schedule; FURTHER RESOLVE THAT Council approves the 2013 Business Plans and Budgets meeting schedule as proposed. D Carried ClJ Defeated D Deferred D Tabled D Recorded Vote ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 16 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive FIN 12-36 Ross Allen Estate Trust; FURTHER RESOLVE THAT the funds from the Ross Allen Estate Trust be used to defray the 2012 expenses incurred relating to the transfer of the Library to the County of Oxford. 0carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive report FIN 12-37 Insurance Pool; FURTHER RESOLVE THAT Council supports obtaining the next level of actuarial analysis and fee quote from the Frank Cowan Company; AND FURTHER RESOLVE THAT the Clerk provide this resolution to the County of Oxford Clerk. D D Carried Recorded Vote [] Defeated ~ Deferred D Tabled *Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 18 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report DCS 12-37 Proposed Class 'A' Bing(.l-lall; FURTHER RESOLVE THAT Council approve the application for a Class A Bingo Hall to be located at 230 Lisgar Avenue; AND FURTHER RESOLVE THAT the Alcohol and Gaming Commission of Ontario be notified of Council's decision. D D Carried Recorded Vote D Defeated D Tabled _q...LMayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 19 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: SECONDED BY:-----~·/'--~.:.-· ____ ~_------··· RESOLVE THAT Council receives Report OPS 12-13 -Water and Sanitary Sewage-Billing Agreement and Operations/Engineering Services Contract for information purposes; FURTHER RESOLVE THAT the Mayor and CAO be authorized to execute the Water and Sanitary Sewage Billing Agreement and the Water Distribution, Sanitary Sewage Collection and Engineering Services Contract; AND FURTHER RESOLVE THAT By-Law 3647 and By-Law 3649, be brought forward for Council consideration. ~arried D Recorded Vote D Defeated D Deferred D Tabled E·Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 20 Date: September 10, 2012 MOVED BY: RESOLVE THAT Council receive Executive Summary Report PRS 12-03 as information; FURTHER RESOLVE THAT By-Law 3645 to authorize representative agreements be brought forward for Council consideration. ~Carried D Recorded Vote D Defeated D Deferred D Tabled *Mayor's Initials Notice of Motion: To bring forward a resolution to Council to direct staff to include in the 2013 Business plan and Budget a Human Resources Business Plan A~ ~d W1vorlbhn Lessif / lf/!~({a; se/or!~ed by Co\::l Getty COUNCIL RESOLUTION AGENDA ITEM NO.: 21 Date: September 10, 2012 RESOLVE THAT Council waive the rental fee for Oxford County Public Health & Emergency Services to utilize the Lions Auditorium at the Tillson burg Community Centre on October 23, October 30, November 6, and November 13th, 2012 for the Community Influenza Clinic. cz( Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials AGENDA ITEM NO.: __ _ Date: Sept. 10, 2012 MOVED BY: SECONDED BY: _£;_:::~s:::::;~;;;~2:s~:::::::------=:::::=__ RESOLVED THAT Council receive the correspondence from the London District Catholic School Board regarding their Micro-fit Application to the Ontario Power Authority; FURTHER RESOLVE THAT Council support the application for the proposed "Rooftop Solar Installation" at St. Joseph Catholic Elementary School on Frances Street in Tillsonburg. Q" Carried D Recorded Vote D Defeated D Deferred D Tabled __1!_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 22 Date: September 10/ 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3637, To Authorize an Agreement with R. Paul Weber and Hendrika K. Weber, 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 D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 23 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3644, To Authorize an Agreement Between the Corporation ofthe Town of Tillsonburg and the Tillsonburg Golf and Country Club Limited, 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. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: SECONDED BY: RESOLVED THAT By-Law 3645, to authorize representative agreements with Funeral Homes, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3645, 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. ~rried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3647, To Authorize an Agreement Between the Corporation of the Town of Tillson burg and the County of Oxford for Water and Sanitary Sewage- Operations/Engineering Services Contract, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3647, 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. cd Carried D Recorded Vote D Defeated D Deferred D Tabled VMayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 26 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3649, To Authorize an Agreement Between the Corporation of the Town of Tillson burg and the County of Oxford for Water and Sanitary Sewage-Billing Agreement, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3649, 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. I I c:={ Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 2·1 Date: Sept. 10, 2012 RESOLUTION NO.: MOVED BY: RESOLVED THAT By-Law 3646, to amend Zoning By-Law 3295, General Amendment, be read a first and second time and this constitutes the first and second reading thereof. dcarried D Recorded Vote D Defeated D Deferred D Tabled k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 28 Date: September 10, 2012 RESOLUTION NO.: MOVED BY: AND RESOLVE THAT By-Law 3648, To Confirm the Proceedings ofthe Council Meeting of September 10, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3648, 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. c:(carried D Recorded Vote D Defeated D Deferred D Tabled fMayor's Initials TOWN OF TILLSONBURG )Public Meeting for the Council Meeting of September 10, 2012 Record of Attendance Page 1 Notice of Collection Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. September 6, 2012 Kelly Coulter, MPA, CGA Chief Administrative Officer Town ofTillsonburg 200 Broadway Tillsonburg, Ontario N4G 5A7 Dear Kelly: lONDON DISTRICT Catholic School BOARD RE: London District Catholic School Board Further to your discussions with representatives of Ameresco Canada Inc., I am writing to you on behalf of the Board to seek the Town of Tillson burg's support and endorsement for our proposed "Rooftop Solar Installation" at St. Joseph Catholic Elementary School on Frances Street in Tillsonburg. As you are aware, this project is a joint venture between the Board who owns the aforementioned building and Ameresco Canada Inc. who is designing, building and maintaining the solar installation. Part of the OPA's Micro-fit Application process is such that we require attaining the Municipality's endorsement in order that our OPA Application is approved. It would be greatly appreciated if you could submit our request for Municipal support/endorsement to Council in order that the Board is successful in getting OPA approval for a project that provides many benefits within the entire community in Tillsonburg. Thank you very much for your consideration and I look forward to receiving a favorable response from the Town ofTillsonburg in the very nearfuture. If you have any questions, do not hesitate to contact me. .!l'L#~~~ CATHOLIC EDUCATION CENTRE Mailing Address: P.O. Box 5474, N6A 4X5 5200 WELLINGTON RD. S., N6E 3X8 London, Ontario Canada Fax (519) 663-9250 Tel (519) 663-2088 \ I ) MUNICIPAL PROPERTY ASSESSMENT CORPORATION August?, 2012 To: Heads of Council All Ontario Municipalities From: Dan Mathieson Chair, MPAC Board of Directors Subject: MPAC Update On behalf of the Municipal Property Assessment Corporation's (MPAC) Board of Directors, I am pleased to provide you with an update on our activities for the first and second quarters of 2012. Our efforts continued to focus on serving Ontario property taxpayers together with our provincial and municipal stakeholders in the timely delivery of accurate assessment products and services. In addition, a significant work activity for MPAC this year is the province-wide Assessment Update and the delivery of nearly 5.0 million Property Assessment Notices across the province this fall. Property Assessment Notice mailing begins in September This year, we will assess nearly 5.0 million properties across Ontario in the second province-wide assessment update based on a four-year assessment cycle. As we have in the past, Property Assessment Notices will be mailed to property taxpayers from early September to mid-November. We will provide information on residential assessment to each municipality in advance of Notices being mailed to property taxpayers in their community. We also have detailed plans in place to ensure that property taxpayers understand their assessment and its role in the property taxes they pay, how to confirm the accuracy of their assessment and how to appeal if they disagree with it. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LlV OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca All Heads of Council August 7, 2012 Page 2 of 6 Some of the communications and outreach initiatives we have planned to support the assessment update include: • We will roll out an enhanced AboutMyProperty™, a service that allows property taxpayers to go online to compare their assessment to other properties to determine whether it is accurate, and to file a Request for Reconsideration (RfR). The new AboutMyProperty™ will be more accessible and user friendly and we believe that it will be used by significantly more property taxpayers than in the past. In particular, non-residential property taxpayers were provided with limited information through the website; however, with the enhanced version of AboutMyProperty™, business property taxpayers will experience a similar level of comparable details and online access to information. • MPAC's website (www.mpac.ca) was redesigned earlier this year to make it easier for property taxpayers to access information, and as we have in the past, videos will be posted on the site this fall to explain the assessment process and the role it plays in property taxation. In addition, new information will be added to MPAC's website explaining how properties, specific to the business sector, are valued by MPAC. This additional information is intended to provide greater clarity and access to our business processes and procedures and we believe it will ensure higher stakeholder satisfaction. • During the update period, we will continue our outreach to property taxpayers and offer extended hours at our Customer Contact Centre. The Centre, reached at 1-866-296-MPAC (6722), will be open Monday -Friday from 8:00am to 6:00pm from September 4 to November 9. Our representatives will be available to respond to questions and concerns from property taxpayers. MPAC staff will also be available in our 33 regional offices to talk to property taxpayers in person. These and other activities are part of a sustained effort we have made since 2005 to reach out to property taxpayers, explain the assessment process and how it works, and to address their questions and concerns. Your Municipal Relations Representative will also be available to answer any questions you or your staff have about the update or to make a presentation to council. Meetings are already being scheduled for this fall. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite I 0 I, Pickering, Ontario Ll V OC4 T: 519.271.0250 ext 236 F: 905.83 1.0040 www.mpac.ca ' ) All Heads of Council August 7, 2012 Page 3 of 6 Review of Requests for Reconsideration (RfR) and Assessment Review Board (ARB) Appeals MPAC received 14,000 RfRs for 2012, representing approximately 0.3% of Ontario's nearly 5.0 million properties. Over 13,800 (98.5%) of the 14,000 have now been completed. We also continue to work collaboratively with our property taxpayer customers to resolve their RfR and ARB appeal matters and to answer their questions or provide the information they need to better understand their property assessment. As a point of interest, approximately 25,800 appeals, for all property types, were resolved during the first and second quarters of 2012. As a further note, the ARB's objective is to complete all outstanding appeals i.e., the 2009-2012 assessment cycle and prior, by March 31,2013. MPAC is supportive of this undertaking and is working collaboratively with the ARB to identify opportunities to streamline its processes while balancing our other operational pressures. ) Supplementary and Omitted Assessments for 2012 Last year, we delivered over $28.44 billion in assessment growth to our municipal stakeholders. Our projection for 2012 is approximately $23.5 billion. At the end of the second quarter, MPAC processed just over $10 billion in assessment growth through the continued focus on fieldwork in communities across the province and the successful completion of inspections and property data reviews. In addition, about 80% of all municipal building permits are provided to MPAC in a standardized, electronic format that, in turn, provides MPAC with a more timely notification to collect the data and process the supplementary or omitted assessments. We are continuing to work with municipalities to increase the compliance rate and, in turn, ensure we receive all building permit information in a standard format. We also continue to work with third parties, such as building permit system vendors, Canada Mortgage and Housing Corporation (CMHC) and the Electrical Safety Authority (ESA) to assist us in capturing and delivering assessment growth in a more efficient manner. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario Ll V OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca ) ) All Heads of Council August 7, 2012 Page 4 of6 MPAC to host Elector Registry Summit I am pleased to report that MPAC will co-host an Elector Registry Summit to discuss the role of MPAC in enumeration and how the enumeration process can be improved. This initiative will be held in cooperation with the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), and our election partners. The summit will include a focus on ideas initially presented in a Discussion Paper entitled, "Issues and Options on the Use of a Voters' List for Municipal Elections in Ontario". The paper was distributed to MPAC and other stakeholders for comments and suggestions concerning a number of options related to the creation and use of Voters' Lists for municipal and school board elections. Representatives from a wide range of organizations will be invited to the summit including municipalities, school boards, Elections Canada, Elections Ontario, the Ontario Ministries of Education, Finance and Municipal Affairs, and private sector firms that provide election management services. The results of our post-enumeration survey of municipalities, conducted by MPAC in December, 2011 showed the accuracy of Voters' Lists continues to be a primary concern. The survey also indicated that municipalities had an increased understanding of both MPAC's and their own responsibilities in preparing Preliminary Lists of Electors and Voters' Lists and some of the barriers faced by MPAC in ensuring accuracy. The summit is intended to address these questions and make recommendations that could range from proposing changes in legislation, proposing changes in roles and responsibilities to providing guidance on policies, practices and procedures undertaken by MPAC and municipalities. We look forward to these discussions and will continue to share updates on this matter. Stakeholder Outreach Activities MPAC has continued its successful community outreach initiatives to help raise awareness of assessment-related matters. MPAC held numerous outreach activities to municipalities across the province including a number of municipal conferences and events. Some highlights include: County of Haliburton Municipal Day-on January 27, Municipal Relations staff attended this gathering of local politicians and senior municipal staff in Minden to discuss local issues. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario Ll V OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca \ i All Heads of Council August 7, 2012 Page 5 of 6 In February MPAC partiCipated in the Rural Ontario Municipal Association (ROMA) and Ontario Good Roads Association (OGRA) combined conferences in Toronto. Ontario Municipal Tax Revenue Association (OMTRA) -from April 15- 17, Municipal Relations staff participated in the Annual Spring Training Seminar, held in Kingston, including staffing a booth, a speaking engagement and attending workshops. Municipal Information Association (MISA) of Ontario Annual Conference and Trade Show-MPAC had an opportunity to address the participants of the conference on May 28 as well as meet the delegates stopping by the MPAC exhibit. Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO)-from June 17-20, MPAC staff attended the AMCTO's Annual General Meeting in Ottawa providing the opportunity for attendees to stop by the MPAC exhibit with their assessment-related questions. 2012 AMO Annual Conference ) By now, you have received the invitation that I sent to you recently to join me, our new President and Chief Administrative Officer, Antoni Wisniewski, and other senior MPAC staff members at the 2012 AMO Annual Conference from August 19 to 22. As we have at previous conferences, Antoni and I will report on our activities over the past year and discuss our plans for the coming year. Both Antoni and I will be available to answer questions and talk to you on an individual basis. Please also stop by the MPAC booth to speak with one of our Municipal Relations Representatives and see a demonstration of our updated AboutMyProperty™ application. If you are unable to attend, MPAC's presentation will be posted at www.mpac.ca following the conference. In closing, I would like to assure you that MPAC is committed to supporting you and your municipal staff by providing sound, accurate and timely assessment information that will help you build your community and deliver services to your residents. If you have any questions or need additional information, please contact your local Municipal Relations Representative or Arthur Anderson, Director of Municipal Relations at 905 837-6993 or 1 877 635-6722 extension 6993. If you would like to speak with me directly, I can be reached at 519 271-0250, extension 234. Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario LlV OC4 T: 519.271.0250 ext 236 F: 905.831.0040 www.mpac.ca ) All Heads of Council August 7, 2012 Page 6 of 6 I trust all of you are enjoying a wonderful summer and have a chance to take a well-deserved break. I look forward to seeing you in Ottawa at AMO. Copy MPAC Board of Directors Antoni Wisniewski Yours truly, Dan Mathieson Chair, MPAC Board of Directors Executive Management Group, MPAC Arthur Anderson Account Managers, Municipal Relations Municipal Relations Representatives Office of the Chair c/o Municipal Property Assessment Corporation 1340 Pickering Parkway, Suite 101, Pickering, Ontario L1V OC4 T: 519.271.0250 ext236 F: 905.831.0040 www.mpac.ca 1-,~=----l 21c~~'j J_Q: Cc Bee. Subject Fw: NOTICE: Public Consultation on the Draft Long Point Region Source Protection Plan From: Kaitlyn Smith <ksmith@grandriver.ca> To: Date: 08/20/2012 09:14AM Subject: NOTICE: Public Consultation on the Draft Long Point Region Source Protection Plan TO WHOM IT MAY CONCERN , The Lake Erie Region Source Protection Committee approved the Draft Long Point Region Source Protection Plan for public consultation at their August 16, 2012 meeting. You can review the Draft Source Protection Plan and submit comments until September 24, 2012. The publication of the Draft Plan is an important step toward protecting the sources of municipal drinking water in the Long Point Region watershed. The Draft Long Point Region Source Protection Plan can be found at: • www.sourcewater.ca • Long Point Region Conservation Authority, 4 Elm Street, Tillsonburg • Norfolk County Administration Building, 50 Colborne St. South, Simcoe • Haldimand County-Cayuga Administration Building, 45 Munsee St. North, Cayuga • Oxford County Administration Building, 21 Reeve Street, Woodstock • Tillsonburg Customer Service Centre, 10 Lisgar Avenue, Tillson burg • Township of Norwich Municipal Office, 210 Main St. East, Otterville • South-West Oxford Municipal Office, 312915 Dereham Line, Mount Elgin Comments can be sent to Martin Keller, Source Protection Program Manager, by: • Email comments@sourcewater.ca, • Fax 519-621-4945 • Mail Martin Keller, Source Protection Program Manager Lake Erie Source Protection Region c/o Grand River Conservation Authority 400 Clyde Road, P.O. Box 729, Cambridge ON N1R 5W6 Public Meetings to discuss the Draft Source Protection Plan will be held on: • Wednesday, September 12, 2012, 7:00 p.m. to 9:00 p.m. Long Point Region Conservation Authority, Board Room 4 Elm Street, Tillsonburg • Thursday, September 13, 2012, 7:00 p.m. to 9:00p.m. Simcoe Recreation Centre, Norfolk Room 182 South Drive, Simcoe 'Xf!!rdCount~ growing stronger. .. together Public Health & Emergency Services 410 Buller Street, Woodstock Ontario N4S 4N2 Phone: 519-539-9800 • Fax: 519-539-6206 Web site: www.oxfordcountv.ca/health August 15, 2012 Town of Tillson burg 200 Broadway Street Tillsonburg ON N4G 5A7 Dear Sir or Madame: Oxford County Public Health & Emergency Services would like to utilize the Lions Auditorium at the Tillsonburg Community Centre on October 23, October 30, November 6, and November 131h, 2012 for the Community Influenza Clinic. This clinic will offer the residents of Tillson burg and surrounding area an opportunity to receive their annual flu vaccination. Please consider waiving the fee associated with the Auditorium rental since Oxford County Public Health is using the facility to promote the wellbeing of those who work or live in Oxford County. Thank you for your consideration of this request. Feel free to contact me if you have any questions or concerns. Sincerely, Joanne Andrews, RN BScN Program Supervisor, Health Protection ST. JOHN'S ANGLICAN CHURCH P.O. Box 321 Tillsonburg, ON N4G 4H8 Rector: Deacon: The Rev'd Fr. William WARD The Rev'd Vermeil Stevens August 21s\ 2012 Attn: Tillsonburg Town Council To Whom it may concern: The congregation of St. John's Anglican Church, Tillsonburg is holding a Blessing of the Animals Service on September 23rd 2012 in honour of St. Francis of Assisi. This service is planned to take place on the side lawn of the church. As we are expecting some horses and other animals to take part we would like to request that Ridout Street between Bidwell and Coon Alley be closed from approximately 1:00PM until3:30 PM to allow the animals to be brought for the blessing. This also would allow the residents of Maple Manor nursing home to be involved in the activities. We are aware that this type of closure has been done in the past to accommodate functions at the Church and Maple Manor Nursing Home. Attached please find a copy of a Certificate of Insurance # 3200065043 72 outlining the limits of liability through until 31st December 2012. If further information is required please contact the church office at 519-842-5573. Thank you for your attention to this matter. Dr. Frank Mattan Rector's Warden www.oclnet/ stj ohnstillsonburg stj ohnstburg@execulink.com 519-842-5573 ; J Ref. No. 320006504372 CERTIFICATE OF INSURANCE j Aon Reed Stenhouse Inc. 255 Queens Avenue One London Place Suite 1400 london ON N6A 5R8 tel 519-433-3441 fax 519-433-3853 First Capital Realty c/o Tillsonburg Town Centre 200 Broadway Street Tillsonburg, ON N4G 5A7 Re: St. John's Anglican Church -Cert No. 105 Insurance as described herein has been arranged on behalf of the Insured named herein under the following policy(ies) and as more fully described by the terms, conditions, exclusions and provisions contained in the said policy(ies) and any endorsements attached thereto. Insured The Incorporated Synod Of The Diocese Of Huron And The Parishes Within The Diocese Diocese Office Building 190 Queens Avenue London, ON N6A 6H7 Coverage Commercial General Liability Policy# Effective Limits of Liability Insurer A viva Insurance Company of Canada 81414539 31-Dec-2011 Expiry 31-Dec-2012 Bodily Injury & Property Damage, Each Occurrence $5,000,000 Tenant's Legal liability -All Risks $5,000,000 Policy may be subject to a general aggregate and other aggregates where applicable THIS CERTIFICATE CONSTITUTES A STATEMENT OF THE FACTS AS OF THE DATE OF ISSUANCE AND ARE SO REPRESENTED AND WARRANTED ONLY TO THE INSURED. OTHER PERSONS RELYING ON THIS CERTIFICATE DO SO AT THEIR OWN RISK. Aon Reed Stenhouse Inc. Dated: 07-March-2012 Issued By: Tel: 1 of 1 THE POLICY CONTAINS A CLAUSE THAT MAY LIMIT THE AMOUNT PAYABLE OR, IN THE CASE OF AUTOMOBILE INSURANCE, THE POLICY CONTAINS A PARTIAL PAYMENT OF LOSS CLAUSE AON Han. John Lessif Mayor of the Town of Tillsonburg Dear Sir: ?11.il.i1:aJuj. 'Jli.Mn!UJ CM JilJMJn.6llllfJ o 11i.aJUfJ C.an.arla c military historyclub.ca On behalf of the Tillson burg Military History Club, I wish to express our appreciation to you and the members of Council for including us in the reception for the Canadian Snowbirds held Tuesday evening. It was a unique experience to meet these fine representatives of the Canadian Armed Forces. Thank You ~ hOA\;~-r (Pp,z5 ,~~1\T) August 13, 2012 Parklands I happen to be one of the many Parkland donators, past and present, and still alive. My name is George Gilvesy( Gyulveszi) and I have lived in this community for 79 years plus. All my relatives still live in the Tillsonburg area except for my grandson who lives in London, my granddaughter who is a police officer in Toronto and a nephew who is a architect lives in Europe. That history of my family is well known to people in the area. The argument from the town counselors is that the things that happened were"not on my watch". Selling assets is not the solution. It is only temporary. As one of the many donors of land to the town and as developer we had to donate 5% of the land to the town. We tried to give cash in lieu of land. This arrangement to most developers was preferred because we controlled our surroundings. Counsel even objected to us naming the extra 6.8 acres. We wanted to name the Park Gyulveszi in honor of my father. We would prefer that if the town was getting rid of Parkland that the proceeds be given to charity, not to reduce the debt of the town. As a business person the best way to get out of debt is to cut spending. There is many ways of doing this. There are many qualified business people in the community that would greatly help the town in doing this. I believe that most people would do this free of charge and would be glad to help. I am opened to any questions that the town may have, that I will try to answer to the best of my ability. EO&E August 13, 2012 Parklands I happen to be one of the many Parkland donators, past and present, and still alive. My name is George Gilvesy(Gyulveszi) and I have lived in this community for 79 years plus. All my relatives still live in the Tillsonburg area except for my grandson who lives in London, my granddaughter who is a police officer in Toronto and a nephew who is a architect lives in Europe. That history of my family is well known to people in the area. The argument from the town counselors is that the things that happened were"not on my watch". Selling assets is not the solution. It is only temporary. As one of the many donors of land to the town and as developer we had to donate 5% of the land to the town. We tried to give cash in lieu of land. This arrangement to most developers was preferred because we controlled our surroundings. Counsel even objected to us naming the extra 6.8 acres. We wanted to name the Park Gyulveszi in honor of my father. We would prefer that if the town was getting rid of Parkland that the proceeds be given to charity, not to reduce the debt of the town. As a business person the best way to get out of debt is to cut spending. There is many ways of doing this. There are many qualified business people in the community that would greatly help the town in doing this. I believe that most people would do this free of charge and would be glad to help. I am opened to any questions that the town may have, that I will try to answer to the best of my ability. EO&E We the undersigned property owners strongly request that the green area at Woodhaven subdivision (property # 11) never be considered for use other than green area (park land) and never be rezoned for any other use other than green park area. We strongly oppose the rezoning of this area for residential use. ' We understand that in the report DCS12-39 Marketable Town Owned Lands requested by the Town Council that there was no recommendation for this parcel of land--however we are concerned i11 this repmi concerning Pro petty # 11 it is zoned OS2 ACTIVE USE OPEN SPACE-OP designation · residential and under Physical Description it states space could be divided into a number of lots or used for a condominium and while there is no RECOMMENDATION at this time--Resolution # 9 moved by Councillors Stephenson and seconded by Councillor Beres and Resolved that council receive report DSC12-39 Town Owned Lands, as information; Fmiher Resolved-that council adopt the recommendations contained there in "carried". For the people ofTillsonburg and all future generations all green areas are very important as our town grows-the environmental issues must also be considered by our town council. Mr. Gilvesy had the foresight to develop an esthetically pleasing plan for this subdivision which is an asset to the Town ofTillsonburg. As elected officials we hope you will listen and act appropriately to the wishes of the people of Woodhaven subdivision and the people of the Town ofTillsonburg. . . 4. __ ~~~~~~~~~~~~~~----------------- 5. --~~~~~~~~~~~~~~~~~--------- 6. --~~~~~~~~~·~~~~~~~~~------- ?. ~~~~~~~~~~~~~~~-------------- 8._::::_~~-~~~~~~~~~::!..___ _____ _ . 9 ·~,~~-42-~~~~~~----------------------- 1 0. ~~~~~~~--r-~------------------------ 11. ~~~~-=~~-=~-------------------------- .. CANTON DE cHAMpLAIN TOWNSHIP ~ " ;,··~·""''' LA CORPORAT IO N D U /THE CORPORATIO N OF BUREAU ADMINIS"TRATlF I ADMINIS"TRATlON OFFICE 948 EST, CHEMIN PLEASANT CORNER ROAD EAST VANKLEEK HILL , ONTARIO CKOB I RO) August 22 , 2012 Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson, Re: MTO Connecting Link Funding 613-678-3003 (FAX) 613-678-3363 Further to your letter of May 23, 2012, Champlain Township Council resolved to support your resolution of May 12, 2012 regarding MTO Connecting Link Funding. A copy of Council's decision, dated August 8, 2012, is attached for your records . Yours very truly, Alison Collard Deputy Clerk/Executive Assistant Encl. c.c. Grant Crack, MPP (Glengarry-Prescott-Russell) ' ' TOWNSHIP OF CHAMPLAIN ITEM NO. 13.6 DATE August 8, 2012 RESOLUTION NO. 2012-318 MOVED BY Ll Emile Duval 0 Bernard Franche 0 Helen Macleod 0 Gerard Miner 0 Troy Carkner o Jacques Lacelle 0 Normand Riopel /.e Perreault SECONDED BY 0 Paul Emile Duval Bernard Franche 0 Helen Macleod o Gerard Miner 0 Troy Carkner 0 Jacques Lacelle 0 Normand Riopel 0 Pierre Perreault BE IT RESQL VED THAT the resolution from the Town Carried Defeated as amended Gary J. Barton, Mayor MUNICIPALITE DU CANTON DE TINY MUNICIPALITY OF THE TOWNSHIP OF TINY www.tiny.ca August 1, 2012 Ms. Donna Wilson, Clerk Town of Tillsonburg 200 Broadway 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 . Dear Ms. Wilson: 130 BALM BEACH ROAD WEST R.R. #1, PERKINSFIELD, ONTARIO LOL 2JO (705) 526-4204/526-3706 1-866-939-8469 FAX (705) 526-2372 Re: Council Resolution-Business Tax Capping Reform The Township of Tiny Council reviewed the Town of Tillsonburg's resolution at its meeting of July 30, 2012. The information was filed with no further action to be taken. Sincerely, ,/; \ UfW ·~ Anita Weatherell Deputy Clerk /sw c. c. Mayor and Members of Council Recycled ""@ Material ) 917 Lesperance Road Tecumseh, ON N8N 1W9 August 3, 2012 Th e Corporation of the Town of Tecumseh Staff Services/Clerk THE CORPORATION OF THE TOWN OF TILSON BURG 200 Broadway, 2nd Floor Tilsonburg, ON N4G 5A7 Attention: Donna Wilson, Clerk Dear Ms. Wilson: Re: Business Tax Capping Reform Phone(519}735-2184 Fax(519)735-6712 www.tecumseh.ca The Council of the Town of Tecumseh, at its regular meeting held Tuesday, July 24, 2012, gave consideration to the Town of Tilsonburg's resolution, as passed at their June 25, 2012 regular meeting of Council, respecting Business Tax Capping Reform. At the meeting Town Council resolved as follows (RCM-247/12): "THAT the Town of Tillsonburg's Resolution, as passed at their regular meeting held June 25, 2012, respecting Business Tax Capping Reform, be supported ... Carried" Please consider this letter as confirmation of the Town of Tecumseh's support of the above matter. I remain, LM/sk Enc.-Correspondence, Town ofTilsonburg, June 28, 2012 Cc: Premiere Dalton McGuinty Association of Municipalities of Ontario (AMO) Honourable Dwight Duncan, Minister Finance, MPP Mr. Taras Natyshak, MPP Q:\clerks\C_Council and Bylaws\COO_Council & Bylaws-Generai\Council Correspondence\RCM Correspondence\RCM Correspondence 2012\Correspondence_12Jui24\Ltr to Town of Tilsonburg_Business Tax Capping Reform_12Jun28.docx County of 0 eterborough Our History. Your Future. Administration Clerk's Unit Sally Saunders County Clerk County Court House 470 Water Street Peterborough, Ontario K9H 3M3 ,105) 743-0380 ext. 30 1 or 1-800-71 0-9586 Fax: (705)876-1730 ssaunders@ county.peterborough.on.ca www.county.peterborough.on.ca ) August 7, 201 2 The Honourable Dalton McGuinty, Premier Legislative Building Queen's Park Room 281, Main Legislative Building Toronto, ON M?A 1A1 Dear Premier McGuinty: Re: Business Tax Capping Reform At its meeting held the 1st day of August, 2012, Peterborough County Council passed the following resolution: "Be it resolved that County Council supports the Town of Tillsonburg's resolution dated June 25, 2012 regarding the Business Tax Capping Reform : 1. Calling on the Government of the Province of Ontario to amend Part IX of Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of the Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction. 2. Calling on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle. 3. Attaching the discussion paper "Allowing Municipalities to Opt Out of Business Tax Capping" prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directly to the subject matter which addresses many of the Town of Tillsonburg Council's concerns, interest and preferences and shall form a part of this motion." Municipality of Central Huron VIA EMAIL: azimmer@tillsonburg.ca August 14, 2012 P.O. Box 400, 23 Albert Street, Clinton, Ontario NOM 1LO Telephone: 519-482-3997 Fax: 519-482-9183 Email: info®centralhuron.com www.centralhuron.com The Corporation of the Town of Tillsonburg ATIN: Clerk Donna Wilson 200 Broadway, 2nd Floor Tillsonburg, ON N4G SA7 Dear Ms. Wilson, Please be advised that at the Regular Council Meeting of August 13, 2012, the Council of the Municipality of Central Huron considered the following resolution: RES: 223-12 Moved by Councillor Barnim, seconded by Councillor Westerhout that the Council of the Municipality of Central Huron support the resolution from the Town of Tillson burg calling on the Province of Ontario to amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and that the Province of Ontario make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle. CARRIED Should you have any further questions, please do not hesitate to contact this office. Sincerely, fkW Florence Stalenhdef Deputy Clerk 1 Township of Goderich Incorporated 2001 Township of Hullett Town of Clinton Village of Newbury Phone: 519-693-4941 Fax: 519-693-4340 vnewburv({i),on. aibn. com www. newburv. ca Town of Tillsonburg 22 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G5A7 Attn: Donna Wilson Clerk Dear Ms. Wilson COUNTY OF MIDDLESEX P.O. Box 130 22910 Hagerty Rd. Newbury, Ontario NOL 1ZO August 15, 2012 The Council of the Village of Newbury discussed your letter of June 28th, 2012 regarding the Business Tax Capping at their regular Council meeting on Monday, August 13th and passed a motion of support. Council wishes you success in your endeavor. Be yD. Gordon Cl k Treasurer TOWNSHIP OF FRONT OF YONGE Fire Department P.O. Box 63 1491 County Rd. 2 Tel: (613) 923-5216 Fax: (613) 923-5736 August 16, 2012 Donna Wilson, Clerk MALLORYTOWN, ONTARIO KOE lRO Municipal Office P.O. Box 130 1514 County Rd. 2 Tel: (613) 923-2251 Fax: (613) 923-2421 EMAIL: ad min @frontofyonge.com Development & Communication Services Town ofTillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G SA7 Dear Ms. Wilson, Roads Department P.O. Box 130 1521 County Rd. 2 Tel: (613) 923-5074 Fax: (613) 923-2421 Please be advised, at their regular meeting on the evening of August 13, 2012, the Council of the Township of Front of Yonge passed the following motion: Yours truly, "Moved by Robert Morrison and seconded by Sean Burns that Council endorse the resolution of the Town of Tillsonburg regarding the business tax capping reform." Moved-Roger Haley, Mayor Elaine A. Covey, Clerk /ja CORPORATE SERVICES DEPARTMENT TELEPHONE 613-968-6481 FAX 613-967-3206 August 16, 2012 Donna Wilson, Clerk ((ttp of Titlltbtllt Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Donna: RE: Business Tax Capping Reform Council Information Matters 8.c.6.c), Belleville City Council Meeting, August 13, 2012 169 FRONT STREET BELLEVILLE, ONTARIO K8N 2Y8 Please be advised that at the Council Meeting of August 13, 2012, Council passed a resolution to "receive" your correspondence. To "receive" means Council will take no further action regarding this matter and your correspondence will remain on file with the City Clerk's Department. I trust this is sufficient. JCO/nh You truly, _ ~ J li C. Oram, CMO · ector of Corporate Services/City Clerk LA C ORPO RATION DU /THE C ORPORATION OF CANTON DEc HAM PLAIN TOWNSHIP BUREAU ADMINISTRA11F I ADMINISTRA110N OFFICE 948 EST, CHEMIN PLEASANT CORNER ROAD EAST VANKLEEK HILL, ONTARIO <KOB I RO> August 22, 2012 Donna Wilson Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson, Re: Business Tax Capping Reform ~ ., , ........ ,p .. -· 613-678-3003 (FAX) 61 3-678-3363 Further to your letter of June 28, 2012, Champlain Township Council resolved to support your resolution of June 25, 2012 regarding the Business Tax Capping . A copy of Council's decision, dated August 8, 2012, is attached for your records. Yours very truly, ~ Alison Collard Deputy Clerk/Executive Assistant Encl. c.c. Grant Crack, MPP (Glengarry-Prescott-Russell) TOWNSHIP OF CHAMPLAIN ITEM NO. 13.5 DATE August 8, 2012 RESOLUTION NO. 2012-317 MOVED BY 0 Paul Emile Duval ~rnard Franche 0 Helen Macleod o Gerard Miner 0 Troy Carkner -Jacques Lacelle 0 Nor and Riopel 0 Pierre Perreault SECONDED BY aul Emile Duval 0 Bernard Franche Helen Macleod 0 Gerard Miner 0 Troy Carkner 0 Jacques Lacelle 0 Normand Riopel 0 Pierre Perreault BE IT RESOLVED THAT the resolution trom the rown ~ earned Carried Defeated as amended Gary J. Barton, Mayor CO llll ty of Lennox & Addington August 24, 2012 Town ofTillsonburg Donna Wilson, Clerk 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Please be advised that the Council of the County of Lennox and Addington endorsed the following resolution at its regular monthly meeting held July 25, 2012: That the June 28, 2012 -resolution re: Business Tax Capping Reform (Town ofTillsonburg) be endorsed. CARRIED (signed) Warden Bill Lowry I trust that County Council's support may be beneficial to your municipality's pursuit of this matter. Sincerely, Larry Keech Chief Administrative Officer/Clerk ADMINISTRATIVE SERVICES . 97 THOMAS ST. E., Napanee, Ontario K7R 489 tel: 613.354.4883 fax: 613.354.3112 www.lennox-addington.on.ca August24,2012 Ms. Donna Wilson, Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: Re: Resolution-Business Tax Capping Reform Your correspondence regarding the above has been received and forwarded to Council in the Council Information package on July 31, 2012. As there was no request by a Member of Council for this item to be placed on a Committee agenda for support or endorsement, therefore no further action will be taken. Yours. truly, lc:yj_L( ~,,)) Beverley 6_ :Vood, AMCT, CMC, CMM111 Clerk/Manager of Council Services 519-426-5870, Ext 1228 519-426-8573-Fax Bev.wood@norfolkcounty.ca -Email Corporate Services Governor Simcoe Square 50 Colborne Street, South Simcoe, Ontario N3Y 4H3 519-426-5870 Fax: 519-426-8573 www.norfolkcounty.ca June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: Whereas the Province of Ontario first introduced mandatory "business tax capping" for the commercial, industrial and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years; And whereas this "temporary" and "transitional" measure was succeeded by a permanent business tax capping program for the 2001 and subsequent taxation years; And whereas the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied; And whereas the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year; And whereas it has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates; And whereas this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties; And whereas this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a significant burden on the financial and administrative resources of both the County and local municipalities; Therefore be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www .tillsonburg.ca •• ,,.., .. :--.,..., ftl'•f.'f,III'.Y t:'•tr\loltO.I'l••t)>lL't: CLIENT RESOURCE Discussion Paper Allowing Municipalities to Opt Out of Business Tax Capping Prepared by: Municipal Tax Equity (MTE) Consultants Inc. 12005 Steeles Avenue, RR #3 Georgetown, Ontario L7G 456 June 1, 2012 © 2012 Municipal Tax Equity Consultants Inc . CLIENT RESOURCE Introduction and Purpose Leading into 1998, sweeping reforms to the property assessment and taxation system were introduced by the Harris Government under the auspices of a number of key goals. Primary among these was ensuring that the assessment of real property and taxation practices across Ontario would be more fair, consistent, and understandable for taxpayers. Despite this original conviction, when faced with widespread criticism of their initial efforts the Government of the day quickly introduced a mandatory tax capping program for business class properties for the 1998 through 2000 tax cycles, which became known as the 10-5-5, in a laudable attempt to ease the transition to the new property tax regime. Since these early days of reform, a variety of modified tax capping protection regimes have been implemented, replacing earlier successors with more permanent forms of relief. This tradition has created a long legacy of inequity within the multi-residential, commercial and industrial tax classes, which has effectively undermined the original goals of a stable, fair, transparent, and easily administered assessment and property tax system in the Province of Ontario. Since the initial implementation of business tax capping in Ontario, Municipal Tax Equity {MTE) Consultants Inc. has worked intently with property tax professionals and municipalities across the Province to meet the policy and administrative challenges of these demanding and complicated tax protection programs. MTE's involvement with capping has ranged from the development of critical educational materials and seminars, to the provision of ad-hoc expert assistance, to the development and management of our full service stand-alone capping program. To ensure that MTE's clients and the municipal community at large have had access to the most current and highest quality information and support, MTE has invested the time and resources required at every stage to ensure that our capping expertise evolved in-step with the program itself. This evolution has been deliberate in terms of capping program and calculation mechanics, the options available to municipalities, and the changing patterns of capping outcomes. From MTE's unique vantage point over the capping landscape, it has been possible to observe the history of capping unfold and have experienced its evolution at every stage. What has become particularly evident since the advent of CVA exclusion options in 2009 is that currently in many jurisdictions the actual impact of capping on the taxpayers' final liabilities has become marginal or non-existent. The capping program has diminished dramatically in importance, and is proving to have a material impact on fewer properties each year. The concern remains, however, that despite the limited number and magnitude of capping adjustments now being applied, the program as a whole continues to require significant time and resources to administer and manage. In light of the fact that so many municipal councils have adopted policy schemes aimed at minimizing the impact of capping to the greatest degree possible, it seems obvious that the next change to Ontario's capping policy, as currently set out under Part IX of the Municipal Act;. 2001/ is for the Province to give municipalities the ability to Opt Out of the program in its entirety. Further, it may also be argued that 2013 is the most appropriate and opportune time for this change to be made. • © 2012 Municipal Tax Equity Consultants Inc. M.• .. _w>hnt.lt.ll'.,. t;.,. •• ,u,u•~:t at$: 2 CLIENT RESOURCE Despite the burdens posed by the business tax capping regime, Ontario's municipalities have accepted the associated challenges and have demonstrated a high degree of local responsibility with respect to the shape and outcomes of this program as it applies to taxpayers. Since the original introduction of optional capping tools in 2005, municipal staff and decision makers have in the vast majority of cases shown a keen interest and willingness to capitalize on the various options provided by the Province in order to optimize local capping regimes and accelerate the greatest number of properties to their full CVA tax liability. In addition to the application of the core capping calculation options, municipalities have widely utilized the "new construction" constraint options, which ensures new or significantly improved capped class properties are subject to CVA tax. Based on our observations, the majority of municipalities across the Province have strategically and deliberately employed the mix of optional ·capping tools in each taxation year that proved to be the most effective in meeting their local capping objectives. For most, this has meant a marked decrease in the annual cost of capping protection being provided and a striking increase in the number of properties being taxed at their full CVA tax level (i.e. CVA multiplied by Applicable Tax Rates). This not only means that more tax bills are being issued without capping adjustments, it also means that when in-year adjustments are required, the end tax adjustment is most likely to be made in direct proportion to any change in assessed value. This is not the case for properties subject to either a cap or claw-back adjustment. Case for Capping "Opt-Out" Policy The increasing range of capping options provided by the Province since 2005 has been a welcome change from the more prescriptive environment, which characterized 2004 and previous years. Notwithstanding the current flexibility offered to municipalities to tailor their local capping programs, we believe that there is a significant consensus within the municipal community that it is time for municipalities to be given the ability to opt out of business tax capping entirely. The McGuinty Government has proven it values policies that place the responsibility for local property tax decisions with the level of government most directly responsible for levying the tax itself. The Government's policy changes surrounding capping options, tax ratio movement, and levy restriction rules (hard-capping), have all provided municipalities with greater autonomy to craft local tax regimes that truly reflect local priorities and objectives within a common set of Province-wide standards and criteria. The Government must now show its commitment to this trajectory, thereby making decisions with respect to the future of capping in our communities local responsibilities. It should also be noted that the case for giving municipalities the ability to opt out of business tax capping is based on factors that go far beyond the argument for local autonomy; it is also strongly rooted in the fact that this specific program is outdated, redundant, inherently inequitable, administratively cumbersome and confusing to the taxpayer. The most relevant and critical of the concerns and issues raised by this program are explored below. In sum, it is MTE' s view that they create an overwhelming argument for the Government to make the continuation of capping a local choice. ~ _©_c_2-01_2_M_u-nic-ip_a_IT_a_x-~-u-icy_C_o-ns_u_lre-n-ts-I-nc-.------------------------------------4--- ,.,..,.-;·•~' hu E.u.JI'.'•' t:.P-...•tU•r. CLIENT RESOURCE given jurisdiction. The capping program has proven to be very time-consuming, cumbersome and costly to administer. Simply undertaking the calculations, applying adjustments to specific properties and managing affected tax accounts requires an abundance of internal resources. Municipalities continue to devote considerable human and budgetary resources each year to ensure that tax bills and adjustments are accurate, compliant and timely. These resources could be more effectively and strategically deployed to other more productive ends, such as improving the delivery of other services, if not for the demands of capping. Once adjusted bills are issued, the complicated and intricate nature of the capping calculations themselves make them very difficult for the lay person, business owner, and even many tax professionals to understand. This coupled with the often counter-intuitive outcomes revealed on tax bills and tax adjustments, result in an ongoing demand for explanations from taxpayers and their agents. This confusion and the awkwardness of the calculations has also had an impact beyond just the taxpayer. The Municipal Property Assessment Corporation (MPAC), the Assessment Review Board (ARB), and even Provincial courts have struggled with the capping implications of decisions and adjustments since the inception of the original program. Again, this confusion is often confounded by the potential for counter-intuitive results. For example, it is not uncommon for a property owner to spend time and money seeking a reduction in their assessment only to find out later that the reduction does not result in any change to their final "capped" tax liability. For municipalities, this all means that intensive resources must be dedicated to the on-going management and maintenance of the capping program; for the taxpayer it often appears that their tax liability is arbitrary and incomprehensible. Next Steps and Weighing In 2012 represents the fifteenth taxation cycle that has been impacted by mandatory tax capping in Ontario. It is MTE' s view that in light of the more effective, equitable and predictable protection provided by the ongoing assessment phase-in program, it is timely for an exit strategy option to be put in place. MTE is also of the opinion that it would be ideal to make this option available in conjunction with the next general reassessment. This would allow municipalities to carefully consider and evaluate the tax impacts and shifts associated with the 2013 reassessment campaign both with and without capping in place. Such insight would allow interested municipalities to make informed decisions about whether or not to continue with this form of tax protection into the future. To provide municipalities with the flexibility needed to address their current priorities and circumstances with respect to mandatory tax capping protection, it is strongly recommended that the Minister of Finance and the Province of Ontario be requested to amend the contents of the Municipal Act 2001 to allow upper and single-tier municipalities to opt out of the business tax capping program set out in Part IX of that Act for the 2013 taxation year and future tax cycles. ~ _©_c_2-01_2_M_u-ni-cip_a_IT_a_x-Eq-u-icy_C_o_n_su-lrn-n-ts-I-nc-.------------------------------------6--- M .,..,; . ..,.,., flO tu.l':\· borr-.t\.Wih!O't: ) June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 The Corporation of the Town of Till sonburg RE: COUNCIL Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: Whereas the Province of Ontario first introduced mandatory "business tax capping" for the commercial, industrial and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years; And whereas this "temporary" and "transitional" measure was succeeded by a permanent business tax capping program for the 2001 and subsequent taxation years; And whereas the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied; And whereas the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year; And whereas it has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates; And whereas this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties; And whereas this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a significant burden on the financial and administrative resources of both the County and local municipalities; Therefore be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca Mtt> \rilfOV.i•t'*( tut•_,V"I• OJ:' CLIENT RESOURCE Discussion Paper Allowing Municipalities to Opt Out of Business Tax Capping Prepared by: Municipal Tax Equity (MTE) Consultants Inc. 12005 Steeles Avenue, RR #3 Georgetown, Ontario L7G 456 June 1, 2012 © 2012 Municipal Tax Equity Consultants Inc. CLIENT RESOURCE Introduction and Purpose Leading into 1998, sweeping reforms to the property assessment and taxation system were introduced by the Harris Government under the auspices of a number of key goals. Primary among these was ensuring that the assessment of real property and taxation practices across Ontario would be more fair, consistent, and understandable for taxpayers. Despite this original conviction, when faced with widespread criticism of their initial efforts the Government of the day quickly introduced a mandatory tax capping program for business class properties for the 1998 through 2000 tax cycles, which became known as the 10-5-5, in a laudable attempt to ease the transition to the new property tax regime . Since these early days of reform, a variety of modified tax capping protection regimes have been implemented, replacing earlier successors with more permanent forms of relief. This tradition has created a long legacy of inequity within the multi-residential, commercial and industrial ta x classes, which has effectively undermined the original goals of a stable, fair, transparent, and easily administered assessment and property tax system in the Province of Ontario. Since the initial implementation of business tax capping in Ontario, Municipal Tax Equity (MTE) Consultants Inc. has worked intently with property tax professionals and municipalities across the Province to meet the policy and administrative challenges of these demanding and complicated tax protection programs. MTE's involvement with capping has ranged from the development of critical educational materials and seminars, to the provision of ad-hoc expert assistance, to the development and management of our full service stand-alone capping program. To ensure that MTE's clients and the municipal community at large have had access to the most current and highest quality information and support, MTE has invested the time and resources required at every stage to ensure that our capping expertise evolved in-step with the program itself. This evolution has been deliberate in terms of capping program and calculation mechanics, the options available to municipalities, and the changing patterns of capping outcomes. From MTE's unique vantage point over the capping landscape, it has been possible to observe the history of capping unfold and have experienced its evolution at every stage . What has become particularly evident since the advent of CVA exclusion options in 2009 is that currently in many jurisdictions the actual impact of capping on the taxpayers' final liabilities has become marginal or non-existent. The capping program has diminished dramatically in importance, and is proving to have a material impact on fewer properties each year. The concern remains, however, that despite the limited number and magnitude of capping adjustments now being applied, the program as a whole continues to require significant time and resources to administer and manage. In light of the fact that so many municipal councils have adopted policy schemes aimed at minimizing the impact of capping to the greatest degree possible, it seems obvious that the next change to Ontario's capping policy, as currently set out under Part IX of the Municipal Act 2001/ is for the Province to give municipalities the ability to Opt Out of the program in its entirety. Further, it may also be argued that 2013 is the most appropriate and opportune time for this change to be made. © 2012 Municipal Tax Equity Consultants Inc. 2 CLIENT RESOURCE Despite the burdens posed by the business tax capping regime, Ontario's municipalities have accepted the associated challenges and have demonstrated a high degree of local responsibility with respect to the shape and outcomes of this program as it applies to taxpayers. Since the original introduction of optional capping tools in 2005, municipal staff and decision makers have in the vast majority of cases shown a keen interest and willingness to capitalize on the various options provided by the Province in order to optimize local capping regimes and accelerate the greatest number of properties to their full CVA tax liability. In addition to the application of the core capping calculation options, municipalities have widely utilized the "new construction" constraint options, which ensures new or significantly improved capped class properties are subject to CVA tax. Based on our observations, the majority of municipalities across the Province have strategically and deliberately employed the mix of optional capping tools in each taxation year that proved to be the most effective in meeting their local capping objectives. For most, this has meant a marked decrease in the annual cost of capping protection being provided and a striking increase in the number of properties being taxed at their full CVA tax level (i.e. CVA multiplied by Applicable Tax Rates). This not only means that more tax bills are being issued without capping adjustments, it also means that when in-year adjustments are required, the end tax adjustment is most likely to be made in direct proportion to any change in assessed value. This is not the case for properties subject to either a cap or claw-back adjustment. Case for Capping "Opt-Out" Policy The increasing range of capping options provided by the Province since 2005 has been a welcome change from the more prescriptive environment, which characterized 2004 and previous years. Notwithstanding the current flexibility offered to municipalities to tailor their local capping programs, we believe that there is a significant consensus within the municipal community that it is time for municipalities to be given the ability to opt out of business tax capping entirely. The McGuinty Government has proven it values policies that place the responsibility for local property tax decisions with the level of government most directly responsible for levying the tax itself. The Government's policy changes surrounding capping options, tax ratio movement, and levy restriction rules (hard-capping), have all provided municipalities with greater autonomy to craft local tax regimes that truly reflect local priorities and objectives within a common set of Province-wide standards and criteria. The Government must now show its commitment to this trajectory, thereby making decisions with respect to the future of capping in our communities local responsibilities. It should also be noted that the case for giving municipalities the ability to opt out of business tax capping is based on factors that go far beyond the argument for local autonomy; it is also strongly rooted in the fact that this specific program is outdated, redundant, inherently inequitable, administratively cumbersome and confusing to the taxpayer. The most relevant and critical of the concerns and issues raised by this program are explored below. In sum, it is MTE' s view that they create an overwhelming argument for the Government to make the continuation of capping a local choice. © 2012 Municipal Tax Equity Consultants Inc. 4 ' ' ) CLIENT RESOURCE given jurisdiction. The capping program has proven to be very time-consuming, cumbersome and costly to administer. Simply undertaking the calculations, applying adjustments to specific properties and managing affected tax accounts requires an abundance of internal resources. Municipalities continue to devote considerable human and budgetary resources each year to ensure that tax bills and adjustments are accurate, compliant and timely. These resources could be more effectively and strategically deployed to other more productive ends, such as improving the delivery of other services, if not for the demands of capping. Once adjusted bills are issued, the complicated and intricate nature of the capping calculations themselves make them very difficult for the lay person, business owner, and even many tax professionals to understand. This coupled with the often counter-intuitive outcomes revealed on tax bills and ta x adjustments, result in an ongoing demand for explanations from taxpayers and their agents. This confusion and the awkwardness of the calculations has also had an impact beyond just the taxpayer. The Municipal Property Assessment Corporation (MPAC), the Assessment Review Board (ARB), and even Provincial courts have struggled with the capping implications of decisions and adjustments since the inception of the original program. Again, this confusion is often confounded by the potential for counter-intuitive results. For example, it is not uncommon for a property owner to spend time and money seeking a reduction in their assessment only to find out later that the reduction does not result in any change to their final "capped" tax liability. For municipalities, this all means that intensive resources must be dedicated to the on-going management and maintenance of the capping program; for the taxpayer it often appears that their tax liability is arbitrary and incomprehensible. Next Steps and Weighing In 2012 represents the fifteenth taxation cycle that has been impacted by mandatory tax capping in Ontario. It is MTE ' s view that in light of the more effective, equitable and predictable protection provided by the ongoing assessment phase-in program, it is timely for an exit strategy option to be put in place. MTE is also of the opinion that it would be ideal to make this option available in conjunction with t he next general reassessment. This would allow municipalities to carefully consider and evaluate the tax impacts and shifts associated with the 2013 reassessment campaign both with and without capping in place. Such insight would allow interested municipalities to make informed decisions about whether or not to continue with this form of tax protection into the future. To provide municipalities with the flexibility needed to address their current priorities and circumstances with respect to mandatory ta x capping protection, it is strongly recommended that the Minister of Finance and the Province of Ontario be requested to amend the contents of the Municipal Act 2001 to allow upper and single-tier municipalities to opt out of the business ta x capping program set out in Part IX of that Act for the 2013 taxation year and future tax cycles. © 2012 Municipal Tax Equity Consultants Inc. 6 September 12, 2012 John Kononiuk Manager of Capital Projects P.O. Box 5474 5200 Wellington Road South London, ON N6A 4X5 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-London District Catholic School Board Request for Support At the Tillsonburg Town Council Meeting of September 10, 2012, Council passed the following resolution: RESOLVED THAT Council receive the correspondence from the London District Catholic School Board regarding their Micro-fit Application to the Ontario Power Authority; FURTHER RESOLVE THAT Council support the application for the proposed "Rooftop Solar Installation" at St. Joseph Catholic Elementary School on Frances Street in Tillsonburg. If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 Fax: 519-842-9431 www.tillsonburg.ca CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca September 12, 2012 Joanne Andrews Program Supervisor, Health Protection 410 Buller Street Woodstock, ON N4S 4N2 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-Oxford County Public Health & Emergency Services Flu Clinic Request At the Tillsonburg Town Council Meeting of September 10, 2012, Council passed the following resolution: RESOLVE THAT Council waive the rental fee for Oxford County Public Health & Emergency Services to utilize the Lions Auditorium at the Tillsonburg Community Centre on October 23, October 30, November 6, and November 13th, 2012 for the Community Influenza Clinic. If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 Fax: 519-842-9431 www.tillsonburg.ca CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca September 12, 2012 Brenda Tabor P.O. Box 1614 21 Reeve Street Woodstock, ON N4S 7Y3 The Corporation of the Town of Tillson burg RE: Water and Sanitary Sewage -Billing Agreement and Operations/Engineering Services Contracts Enclosed please find the Water and Sanitary Sewage -Billing Agreement and Operations/ Engineering Services Contract agreements in triplicate. Also attached are copies of By-Law 3647 and 3649, which authorize the Town to execute the agreements. Please endorse the agreement and return two copies of the original agreements to this office for our file. If you require anything further please contact me at 688-3009 Ext. 3224 Yours truly, Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 Fax: 519-842-9431 www.tillsonburg.ca CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G SA 7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca