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130114 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday January 14, 2013 6:00PM Council Chambers Chair: John Lessif If:- . - MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Meeting for the Committee "Open Council" on Monday January 14, 2013 06:00PM Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 6:02PM ATTENDANCE Deputy Mayor Renaud Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Bares Councillor Marty Klein Staff: David Calder, CAO Donna Wilson, Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations David Samis, Director of Development and Communication Services Richard Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk Regrets: Mayor John Lessif ADOPTION OF AGENDA Proposed Resolution No.1: Moved By: Councillor Rosehart Page 1 of 10 01-14 Link to Agenda: C Seconded By: Councillor Getty AND RESOLVED THAT the Agenda as prepared for the http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of 10 funding be given as required through the grant. Proposed Resolution No.3: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT the Lake Lisgar Revitalization committee continue to operate in order to complete the Revitalization of Lake Lisgar; FURTHER RESOLVED THAT Council confirms that the committee members are John Glass and Frank Kempf (co-chairs), Virginia Armstrong, Craig Blodgett, Larry Donnelly, Stephen Molnar, Erik Sharpe, and Joan Weston; AND FURTHER RESOLVED THAT the Town enter into a contribution agreement for funding under the Community Infrastructure Improvement Fund (CIIF); AND FURTHER RESOLVED THAT pre-budget approval be granted for the Town's share of $46,250; AND FURTHER RESOLVED THAT By-Law 3692 be brought forward for Council consideration. "Carried" PUBLIC MEETINGS 4. Application for Zoning By-Law Amendment ZN 7-12-09, Victoria Wood (Tillsonburg) GP Inc. C. Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-339. Opportunity was given for comments and questions. Will Hayhoe representing Hayhoe Homes spoke in support ofthe subject application. He noted the lot change was due to demand. Hayhoe Homes held a neighbourhood meeting on their own to gain resident feedback. Jim Leroux, local resident, spoke in opposition to the subject application. Mr. Leroux wanted answers to questions regarding damage of house foundations due to vibrations and the possibility of multi-family homes. Mr Hayhoe addressed the foundation damage by offering to meet with Mr. Leroux and stated that only singled detached homes will be built on the subject lots. The following resolution was passed. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of 10 13-01; FURTHER RESOLVED THAT By-Law 3688 be brought forward for Council consideration. "Carried" DEVELOPMENT & COMMUNICATIONS 13. CAO 12-33 Executive Summary to By-Law 3686, Sale of Surplus Land to Husted e:J, Presented By: Director of Development and Communications Proposed Resolution No. 6: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report CAO 12-33 Executive Summary to By-Law 3686, Sale of Surplus land to Husted; FURTHER RESOLVED THAT By-Law 3686 to provide for the sale of certain lands being, Part of Block A, Plan M-68, Part 1 on Reference Plan 41R-8862, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. "Carried" 14. CAO 13-01 Meeting Investigator Agreement C Presented By: Director of Development and Communications Proposed Resolution No. 7: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receive Report CAO 13-01 Meeting Investigator Agreement; FURTHER RESOLVED THAT Council retain the services of Gregory F. Stewart as Closed Meeting Investigator for a two year term commencing January 1, 2013 and that a By-law to authorize the Municipal Meeting Investigator Agreement be brought forward for Council consideration. "Carried" 15. DCS 13-01 Sign Variance-Church of Living Water-5 Rouse Street C Presented By: Director of Development and Communications Proposed Resolution No 8: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receive Report DCS 13-01 Sign Variance; FURTHER RESOLVED THAT a variance to Sign By-Law 2976 be granted for the construction of an eight foot, six inch (8 ft 6 in) high ground sign located on the property at 5 Rouse Street. http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of 10 "Carried" 19. By-Law 3688, To Authorize an Agreement Between the Corporation ofthe Town of Tillsonburg and Bell Mobility Inc. tJ, Proposed Resolution No. 12: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3688, to Authorize an Agreement Between the Corporation of the Town ofTillsonburg and Bell Mobility Inc., be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3688, 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" 20. By-Law 3691, To Provide For an Interim Tax Levy for the Year 2013 tJ, Proposed Resolution No. 13: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3691, to provide for an interim tax levy for the year 2013, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3691, 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" 21. By-Law 3692, To Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Canada E] Proposed Resolution No. 14: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3692, to Authorize an Agreement Between the Corporation of the Town ofTillsonburg and Her Majesty the Queen in Right of Canada., be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3692, 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" 22. By-Law 3694, To Amend By-Law 3295, Victoria Wood (Tillsonburg) GP Inc. (I, http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 9 of 10 26. By-Law 3678, To Authorize an Easement Agreement between the Town and Packet-Tel ' Corporation along the Former Rail Corridor on Clearview Drive lJ, Proposed Resolution No. 19: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3678, To Authorize an Easement Agreement between the Town and Packet-Tel Corporation, along the former rail corridor on Clearview Drive 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" 27. By-Law 3679, To Authorize an Easement Agreement with Packet-Tel Corporation 0 Proposed Resolution No. 20: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3679, To Authorize an Easement Agreement with Packet-Tel Corporation, for 20 Clearview Dr., 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" 28. By-Law 3684, To Authorize an Agricultural Lease Agreement with Field & Flock Farms (Airport lands) C Proposed Resolution No. 21: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3684, To authorize an agricultural lease agreement with Field & Flock Farms, be given third and fmal reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" 29. By-Law 3693, To Confirm the Proceedings of the Council Meeting of January 14, 2013t:l, Proposed Resolution No. 22: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT By-Law 3693, To Confirm the Proceedings of the Council Meeting of January 14, 2013, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3693, 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" http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Meeting for the Committee "Open Council" on Monday December 10, 2012 04:30PM Council Chambers Chair: John Less if Orders of the Day: CALL TO ORDER The meeting was called to order at 4:30PM ATTENDANCE Mayor John Lessif Deputy Mayor Renaud Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Bares Councillor Marty Klein Staff: David Samis, Acting CAO Donna Wilson, Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Richard Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk Regrets: Geno Vanhaelewyn, Acting Director of Development and Communication Services ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Page 1 of 10 19 Link to Agenda: (1, http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of 10 1. Tillsonburg Public Library Plans lJ, Presented By: Library CEO Lisa Miettinen, Lynn Buchner,County Director of Corporate Services The presenters were not present at 6:00p.m. Council will hear this presentation when they arrive. This presentation was heard after the Public Meeting at 6:56pm. Library CEO Lisa Miettinen and County of Oxford Director of Corporate Services, Lynn Buchner, appeared before Council to give an update on the plans for the Tillsonburg Library. 2. OPP 3rd Quarter Results lJ, Presented By: Inspector Tim Clark, TPSB Chair Larry Scanlan Inspector Tim Clark and TPSB Chair Larry Scanlan appeared before Council to present the OPP third quarter report. DELEGATIONS 3. South Central Ontario Region Economic Development Corporation C Presented By: General Manager, Art Lawson and Councillor Jim Oliver, Vice Chair SCOR EDC General Manager, Art Lawson, Councillor Jim Oliver, Vice Chair SCOR EDC and Mr. Hall, Chair ofSCOR EDC appeared before Council to discuss SCOR. PUBLIC MEETINGS 4. Committee of Adjustment Application Al0/12 C Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-297. Opportunity was given for comments and questions. Opportunity was given for the public to speak in support of the application. Opportunity was given for the public to speak against the application. The following resolution was introduced: http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of 10 FINANCE Seconded By: Councillor Klein AND RESOLVED THAT Council receives report FIR 12-05 Third Quarter Report as information. 3rd Quarter Results-Fire.pdf "Carried" 15. FIN 12-44 Additional Contribution to Reserves EJ, Presented By: Director of Finance Resolution No. 6: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive report FIN 12-44 Additional Contribution to Reserves; FURTHER RESOLVED THAT the additional estimated contribution to reserves in the amount of$1,811,552 be adopted. "Carried" OPERATIONS 16. OPS12-22 Municipal Infrastructure Investment Initiative Capital Program EJ, Presented By: Director of Operations Resolution No.7: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receives Operations Services Report OPS12-22 Municipal Infrastructure Investment Initiative Capital Program; FURTHER RESOLVED THAT the Town of Tillsonburg affirm the Concession Street East, Maple Lane to Demeyere Ave. project estimated at $780,000 be designated for the Municipal Infrastructure Investment Initiative grant program. "Carried" Staff to bring forward an asset management plan for Council to review during budget deliberations .. 17. OPS 12-21 Curbside Leaf Collection Presented By: Director of Operations http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of 10 22. LPRCA Minutes of November 7, 2012 C, NOTICE OF MOTION MOTIONS Moved By: Councillor Klein WHEREAS it was believed that terminating the Christmas Tree Pick up will save labour and fleet dollars; AND WHEREAS the costs shown are an allocation not a savings; THEREFORE BE IT RESOLVED THAT the question of Christmas tree pick up be on the next Council agenda for Consideration. Moved By: Councillor Getty AND RESOLVED THAT the Tillsonburg Fire Department invoke a moratorium on seeking new fire dispatch contracts until after the 2013 budget. 23. Tillsonburg Employee Positions C. Moved By: Councillor Rosehart AND RESOLVED THAT no hiring of full or part time employee positions of the Town ofTillsonburg be done until the CAO position has been filled. The Motion was withdrawn. RESOLUTIONS 24. Council Meetings to be rescheduled for the 2013 Calendar Year tJ, Resolution No. 11: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT the following regular Council Meetings be re-scheduled or cancelled for 2013: Monday, February 25, 2013 be re-scheduled to Thursday, February 28, 2013, due to the annual OGRA/ROMA Conference; Monday, July 22, 2013 be cancelled; Monday, August 26, 2013 be cancelled; Monday, October 14 2013 be re-scheduled to Tuesday, October 15, 2013, due to Thanksgiving; and Monday, December 23, 2013 be cancelled; FURTHER RESOLVED THAT this information be forwarded appropriately, including http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 9 of 10 "Carried" 27. By-Law 3684, To Authorize an Agricultural Lease Agreement with Field & Flock Farms (Airport lands) (1, Resolution No. 14: Moved By: Councillor Beres Seconded By: Councillor AND RESOLVED THAT By-Law 3684, To authorize an agricultural lease agreement with Field & Flock Farms, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 28. By-Law 3680, to Authorize Borrowing From Time to Time to Meet Current Expenditures EJ, Resolution No. 15: Moved By: Councillor Beres Seconded By: Councillor AND RESOLVED THAT By-Law 3680, To Authorize Borrowing during the fiscal year ending December 31,2013, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Moved By: Councillor Beres Seconded By: Councillor AND RESOLVED THAT By-Law 3680, To Authorize Borrowing during the fiscal year ending December 31,2013, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" 29. By-Law 3681, To Authorize an Agreement with Her Majesty The Queen In Right Of Ontario for Policing C. Resolution No. 16: Moved By: Councillor Beres Seconded By: Councillor AND RESOLVED THAT By-Law 3681, To authorize an agreement with Her Majesty The Queen In Right Of Ontario for Policing, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3681, 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" 30. By-Law 3685, To Confirm the Proceedings of the Council Meeting of December 10, 2012 eJ, http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 23/06/2015 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Special Open Council Meeting on Thursday December 20,2012 04:30PM Council Chambers Orders of the Day: CALL TO ORDER ATTENDANCE Mayor John Lessif Deputy Mayor Renaud Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Bares Councillor Marty Klein Staff: David Samis, Interim CAO Donna Wilson, Clerk Chair: John Lessif The meeting was called to order at 4:35PM. ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Page 1 of4 15 Link to Agenda: lJ, Seconder By: Councillor Getty AND RESOLVE THAT the Agenda as prepared for the Open Session of the Special Council Meeting of December 20,2012, be adopted. "Carried" CLOSED MEETING SESSION http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 23/06/20 15 MINUTES: Meeting for the Committee "Open Council" Page 3 of 4 NOTICE OF MOTION BY-LAWS 2. By-Law 3689, To appoint a Chief Administrative Officer (1, Resolution No.4: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT By-Law 3689, To Appoint a Chief Administrative Officer, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3689, 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" 3. By-Law 3690, To Confirm the Proceedings of the Council Meeting of December 20,2012. (1, Resolution No. 5: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3690, To Confirm the Proceedings of the Council Meeting of December 20, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3690, 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 RESOLVED THAT the meeting be adjourned at 5:27 PM. "Carried" http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 23/06/20 15 Date: To: From: January 7, 2013 Tillsonburg Town Council Subject: Lake Lisgar Revitalization Committee CIIF Grant Application We are pleased to announce that the collaborative application (by the Town of Tillsonburg and Lake Lisgar Revitalization Project) to the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF) was successful. This grant application initiative was supported by Council in Resolution No. 20 on August 13, 2012. The Federal contribution of $56,250.00 is a 50% grant and is to be matched by the recipient (Town of Tillson burg and its Lake Lisgar Revitalization Project Committee). The Statement of Work and the Project Costs and Financing documents are attached. Sharing allocation of the required matching funds was deferred by Council until it was determined whether the grant application would be successful. The LLRP Committee wholeheartedly supports the restoration of Gibson House (a historic building), and the further revitalization of Lake Lisgar and its environs for the public safety, accessibility and enjoyment of Tillsonburg's and the Region's citizens. Consequently, the LLRP Committee will commit to raising $10,000.00 of the required matching funds. The Lake Lisgar Revitalization Project Committee respectfully requests Tillsonburg Town Council endorsement of the following resolutions: RESOLVE THAT the Lake Lisgar Revitalization committee continue to operate in order to complete the Revitalization of Lake Lisgar; FURTHER RESOLVE THAT Council confirms the LLRP Committee members: John Glass and Frank Kempf (co-chairs), Virginia Armstrong, Craig Blodgett, Larry Donnelly, Stephen Molnar, Erik Sharpe and Joan Weston; FURTHER RESOLVE THAT the Town enter into a contribution agreement for funding under the Community Infrastructure Improvement Fund (CIIF); FURTHER RESOLVE THAT pre-budget approval be granted for the Town's share of $46,250.00; AND FURTHER RESOLVE THAT By-Law 3692 be brought forward for Council's consideration. Sincerely, THE CORPORATION OF THE TOWN OF TIUSONBURG BY-LAW NUMBER 3692 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Canada. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a contribution agreement with Her Majesty the Queen in Right of Canada regarding the Community Infrastructure Improvement Fund (CIIF); 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 14th DAY OF JANUARY, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF JANUARY, 2013. MAYOR -John Lessif CLERK-Donna Wilson Recipient Name: Town ofTillsonburg Project No: C0644 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND CONTRIBUTION AGREEMENT This Contribution Agreement is made as of _____ _ BETWEEN: AND: HER MAJESTY THE QUEEN IN RIGHT OF CANADA ("Her Majesty") hereby represented by the Minister responsible for Federal Economic Development Agency for Southern Ontario Town of Tillsonburg ("Recipient") a local government established under the laws of Ontario WHEREAS the Federal Economic Development Agency for Southern Ontario ("Agency") was created to help make Canadians more productive and competitive in the knowledge- based economy, by supporting economic development, economic diversification, job creation, and sustainable, self-reliant communities in Southern Ontario; WHEREAS in its 2012 Budget, the Government of Canada allocated $150 million to the newly created Community Infrastructure Improvement Fund ("CIIF") to rehabilitate and improve, and expand, existing community infrastructure facilities; and WHEREAS the Minister has agreed to make a non-repayable contribution to the Recipient up to the maximum amount of fifty-six thousand, two hundred and fifty dollars ($56,250) in support of the Recipient's Eligible Costs (as defined herein) of the Project (as defined herein), NOW THERETOFORE, in accordance with the mutual covenants and agreements herein, Her Majesty and the Recipient agree as follows: 1. Purpose of the Agreement The purpose of this Agreement is to set out the terms and conditions under which the Minister will provide CIIF (as defined herein) funding in support of the Project (as defined herein). 2. Interpretation 2.1 Definitions. In this Agreement, a capitalized term has the meaning given to it in this section, unless the context indicates otherwise: Page I of36 Recipient Name: Town ofTillsonburg Project No: C0644 Project means the project described in Annex 1-Statement of Work. Project Costs means the total costs of the Project as set out in Annex 1 -Statement of Work. Statement of Total Government Assistance means the report described in Paragraph 6.4(a)(iv) hereof. "Substantially Completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. 2.2 Singular/Plural. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural. 2.3 Entire Agreement. This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject matter of this Agreement has legal effect. No representation or warranty, whether express, implied or otherwise, has been made by the Minister to the Recipient, except as expressly set out in this Agreement. 2.4 Inconsistency. In case of inconsistency or conflict between a provision contained in the part of the Agreement preceding the signatures and a provision contained in any of the Annexes to this Agreement, the provision contained in the part of the Agreement preceding the signatures will prevail. 2.5 Annexes. This Agreement contains the following Annexes as described below, which form an integral part of this Agreement: Annex 1 -Statement of Work: this annex is a comprehensive description of the Project, including without limitation, the scope of work, cost breakdown, location of Project and sources of funding. Annex 2-Environmental Mitigation Measures: this annex summarizes the current status of the Project under the Canadian Environmental Assessment Act, 2012 and, if necessary, the mitigation measures identified for the Project which the Recipient will have to implement, as a condition of the Contribution. Annex 3 -Costing Guideline Memorandum: this annex describes the rules for eligibility for certain costs. Annex 4 -Direct Deposit Authorization Annex 5 -Progress Report: this annex contains substantially the form to be used in order to prepare the progress report. Page 3 of36 Recipient Name: Town ofTillsonburg Project No: C0644 4.1 Subject to the terms and conditions of this Agreement, the Minister will make a non- repayable contribution to the Recipient in respect of the Project in an amount not exceeding the lesser of (a) and (b) as follows: (a) maximum 50.0% oftotal Eligible Costs of the Project incurred and paid by the Recipient; and (b) $56,250 4.2 The payment of the Contribution per Fiscal Year is estimated at amounts as detailed in Annex 1 -Statement of Work. 4.3 The Minister shall not contribute to any Eligible Costs incurred pnor to the Eligibility Date or later than the Program Completion Date. 4.4 The Minister shall not contribute to any Eligible Costs incurred by the Recipient which could cause the Contribution, noted in Subsection 4.1 herein to be exceeded. 4.5 The Recipient agrees that it shall contribute no less than fifty percent (50%) to the Eligible Costs of the Project. 4.6 The Recipient shall use the Contribution solely and exclusively to support the Eligible Costs of the Project, as detailed in Annex 1-Statement of Work and in Annex 3 -Costing Guideline Memorandum and shall carry out the Project in a diligent and professional manner, using qualified personnel and in accordance with the Project description in Annex 1-Statement of Work. 4. 7 The Recipient shall be responsible for all costs of the Project, including cost overruns, if any. 4.8 Holdbacks. Notwithstanding any other provisions of this Agreement, the Minister will, at the Minister's sole discretion, withhold up to ten percent (10%) of the Contribution amount until: (a) the Project is Substantially Completed; (b) the Recipient has satisfied all the conditions of this Agreement; (c) the Final Review Form described in Subsection 6.4(a)(ii) has been submitted to the satisfaction of the Minister; (d) audits and site visits, where required by the Minister, have been completed to the satisfaction of the Minister; and (e) the Minister has approved the final claim described in Subsection 6.4. Page 5 of36 Recipient Name: Town ofTillsonburg Project No: C0644 6.3 Advance Payments. (a) Initial Advance. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need for an advance against the Eligible Costs payable under this Agreement, the Minister may, at his sole discretion, pay to the Recipient an initial advance for Eligible Costs on the portion of the Contribution allocated to the Fiscal Year to which the advance request pertains, subject to the following: i) The Recipient submits to the Minister's satisfaction, a forecast of cash flow requirements to be incurred during the initial advance period along with any documentation that the Minister may reasonably request. ii) The Recipient shall account by way of claim, to the satisfaction of the Minister, for the use of any advances. (b) Subsequent Advances. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need, the Minister may, at his sole discretion, make additional advances for Eligible Costs, subject to the following: (i) The Recipient follows the requirements outlined under (a)i) and (a)ii) above with respect to any subsequent advance; and (ii) The Recipient submits the advance request at least six (6) weeks prior to the start of the advance period to which the advance request pertains. (c) If the amount of the advance exceeds the amount of Eligible Costs incurred during the previous advance period, the Minister may deduct the excess amount and any interest earned by such excess from any other payment under this Agreement. 6.4 Final Claim Procedures. (a) The Recipient shall submit a final claim pertaining to the final reimbursement of any Eligible Costs previously claimed or not, signed by a director or officer of the Recipient and accompanied by the following, in addition to the requirements set out in Subsection 6.2, in a form satisfactory to the Minister in scope and detail: (i) a confirmation that it is the final claim for payment and as such, it includes all final Eligible Costs submitted for payment; (ii) a Final Review Form on the Project; Page 7 of36 Recipient Name: Town ofTillsonburg Project No: C0644 6. 7 If the Recipient earns any interest as a consequence of any advance payment of the Contribution or earns any revenue as a result of the Project, the Minister may in his absolute discretion reduce the Contribution by all or by such portion of the revenue (including the interest) as he deems appropriate. 7. Monitoring, Audit and Evaluation 7.1 Final Review Form and Final Report. In accordance with Subsection 6.4, the Recipient shall submit to the Minister a Final Review Form, substantially in the form of Annex 6-Final Review Form and a Final Report, substantially in the form of Annex 7 -Final Report, satisfactory to the Minister in scope and detail, in order to allow the Minister to assess the outcome and costs of the Project. 7.2 Upon request of the Minister and at no cost to him, the Recipient shall promptly elaborate upon any report submitted or provide such additional information as may be requested. 7.3 The Recipient shall at its own expense: (a) preserve and make available for audit and examination by the Minister, proper books, accounts and records of the Project Costs, wherever such books, and records may be located, and permit the Minister to conduct such independent audits and evaluations as the Minister in his discretion may require; (b) upon reasonable notice and after consultation with the Recipient, permit the Minister, reasonable access to the Project site and/or the Recipient's premises and documents in order to inspect and assess the progress and results of the Project; (c) supply promptly, on request, such other data in respect of the Project and its results, as the Minister may require for purposes of this Agreement and for statistical and/or evaluation purposes. 7.4 The Minister shall have the right, at his own expense, and as and when he determines necessary, to perform audits of the Project Costs and the Recipient's books, accounts, records, financial statements and claims for reimbursement of Eligible Costs, and the Recipient's administrative, financial and claim certification processes and procedures, for the purposes of verifying the costs of the Project, validating claims for reimbursement of Eligible Costs, ensuring compliance with the terms of this Agreement, and confirming amounts repayable to Her Majesty under the provisions of this Agreement. 7.5 Any audits performed hereunder will be carried out by auditors selected by the Minister, which may include any of the following: Agency officials, an independent auditing firm, and/or the Recipient's external auditors. The Minister will provide the Page 9 of36 Recipient Name: Town ofTillsonburg Project No: C0644 to the Project would maintain, and will maintain such for the duration of the Agreement and the Control Period. (d) the signatory(ies) to this Agreement, on behalf of the Recipient, has(ve) been duly authorized to execute and deliver this Agreement; (e) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms, subject as to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree, ordering specific performance or other equitable remedies; (f) the execution and delivery of this Agreement and the performance by the Recipient of its obligations hereunder will not, with or without the giving of notice or the passage of time or both: (i) violate the provisions of the Recipient's by-laws, any other corporate governance document subscribed to by the Recipient or any resolution of the Recipient; (ii) violate any judgment, decree, order or award of any court, government agency, regulatory authority or arbitrator; or (iii) conflict with or result in the breach or termination of any material term or provision of, or constitute a default under, or cause any acceleration under, any license, permit, concession, franchise, indenture, mortgage, lease, equipment lease, contract, permit, deed of trust or any other instrument or agreement by which it is bound. (g) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency, which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement; (h) it has obtained or will obtain all necessary licences and permits in relation to the Project, which satisfy the requirements of all regulating bodies of appropriate jurisdiction; and (i) all information provided during the CIIF application process remains true, correct and complete in every respect except as set out to the contrary herein. 8.2 The Recipient covenants and agrees that : (a) it shall obtain the prior written consent of the Minister before making any change to any aspect of the Project or to the management of the Project or Recipient. Page II of36 Recipient Name: Town ofTillsonburg Project No: C0644 Minister and produced and installed at the Recipient's expense, communicating the nature of the funded activities and/or the involvement of the Minister; and (f) Include the appropriate "Government of Canada" wordmark, Economic Action Plan logo, and/or Agency signature in all publications and advertising describing or promoting the products and services funded in whole or in part by this Agreement, including, but not limited to, electronic media (web, television, video), and print media (signs, print advertising, brochures, magazines, maps, posters). The Recipient will consult with the Minister in preparing the content and look of all such material, which must be approved in advance. The Recipient will provide the Agency with no less than ten (10) business days for the approval of all materials prior to its release. The Minister may, by notice in writing given to the Recipient, require that recognition of the support provided by the Minister not be made in any public communication of the Recipient. 10. Official Languages Where the Recipient communicates with members of the public regarding Project activities supported by the Contribution, and/or where the Recipient provides services supported by the Contribution to members of the public, the Recipient shall: (a) make available in both official languages any notice, advertisement, announcement, document or publication for the information primarily of members ofthe public; (b) actively offer and provide in both official languages any services to be provided or made available to members of the public; (c) encourage members of both official language communities to participate in its activities; and (d) organize activities when appropriate to meet the needs of members of both official language communities. 11. Environmental and Other Requirements 11.1 The Recipient represents that the Project is not a "designated project" as defined in the Canadian Environmental Assessment Act, 2012 ("CEAA") and is not being carried out on "federal lands" as defined in the CEAA. Page 13 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Agreement by the Recipient, its officers, employees and agents, or by a third party or its officers, employees, or agents; (c) the design, construction, operation, maintenance and repair of any part of the Project or, (d) any omission or other wilful or negligent act or delay of the Recipient or a third party and their respective employees, officers, or agents, except to the extent to which such claims and demands, losses, costs, damages, actions, suits, or other proceedings relate to the negligent act or omission of an officer, official, employee, or agent of Her Majesty, in the performance of his or her duties. 12.2 The Minister shall have no liability under this Agreement, except for payments of the Contribution, in accordance with and subject to the provisions of this Agreement. Without limiting the generality of the foregoing, the Minister shall not be liable for any direct, indirect, special or consequential damages, or damages for loss of revenues or profits of the Recipient. 12.3 Her Majesty, her agents, employees and servants will not be held liable in the event the Recipient enters into a loan, a capital or operating lease or other long-term obligation in relation to the Project for which the Contribution is provided. 13. Default and Remedies 13 .1 Event of Default. The Minister may declare that an Event of Default has occurred if: (a) the Recipient has failed or neglected to pay Her Majesty any amount due in accordance with this Agreement; (b) the Recipient fails to proceed diligently with the Project, or abandons the Project in whole or in part, or the Project is not Substantially Completed by the Program Completion Date; (c) the Recipient makes a materially false or misleading statement concerning support by the Minister in any internal and/or public communication, other than in good faith; (d) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute, from time to time in force, relating to bankrupt or insolvent debtors; (e) an order is made or the Recipient has passed a resolution for the winding up or liquidation of the Recipient, or the Recipient is dissolved; Page 15 of36 Recipient Name: Town ofTillsonburg Project No: C0644 13.4 The Recipient acknowledges the policy objectives served by the Minister's agreement to make the Contribution, that the Contribution comes from the public monies, and that the amount of damages sustained by Her Majesty in an Event of Default is difficult to ascertain and therefore, that it is fair and reasonable that the Minister be entitled to exercise any or all of the remedies, provided for in this Agreement and to do so in the manner provided for in this Agreement, if an Event of Default occurs. 14. Project Assets 14.1 The Recipient shall retain title to, and ownership of any assets, the cost of which has been contributed to by the Minister under this Agreement and shall not sell, assign, transfer, encumber, pledge, grant a security interest or otherwise dispose of same, for a minimum of six ( 6) years after the expiry or termination of this Agreement without the prior written consent of the Minister. As a condition of such consent, the Minister may require the Recipient to repay Her Majesty the whole or any part of the Contribution paid to the Recipient hereunder in the following proportions: Where Project asset is sold, transferred, Repayment of Contribution assigned, pledged, leased, encumbered or (in current dollars) disposed of: Within 2 Years after Substantial Completion 100% Between 2 and 6 Years after Substantial 55% Completion 6 Years after Substantial Completion 0% 14.2 At any time during the six (6) years following the date the Project is Substantially Completed, the Recipient agrees to notify the Minister in writing of any transaction triggering the above-mentioned repayments, at least ninety (90) days in advance. 15. ~scellaneous 15.1 The Recipient represents and warrants that no member of the House of Commons or Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit arising from it, that are not otherwise available to the general public. 15.2 The Recipient confirms that no current or former public servant or public office holder, to whom the Values and Ethics Code for the Public Service, the Values and Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post- Employment or the Conflict of Interest Act applies, shall derive direct benefit from the Agreement, including any employment, payments or gifts, unless the provision or receipt of such benefits is in compliance with such codes and the legislation. Where the Recipient employs or has a major shareholder, who is either a current or former (in the last twelve (12) months) public office holder or public servant in the federal Page 17 of36 Recipient Name: Town ofTillsonburg Project No: C0644 and the Recipient shall declare to the Minister all amounts outstanding in that regard, when making any claim under this Agreement. 16.4 No Assignment of Agreement. Neither this Agreement nor any part thereof shall be assigned by the Recipient, without the prior written consent of the Minister. 16.5 Annual Appropriation. Payment by the Minister of amounts due under this Agreement shall be conditional on there being a legislated appropriation for the Fiscal Year in which the payment is to be made. The Minister shall have the right to terminate or reduce the Contribution, in the event that the amount of the appropriation is reduced or denied by Parliament. In the event that any portion of the Contribution has been paid to the Recipient and the legislated appropriation for the Fiscal Year in which such payment is made is not obtained, the Minister shall have the right to recover the amount so paid from the Recipient. 16.6 Successors and Assigns. This Agreement is binding upon the Recipient, its successors and permitted assigns. 16.7 Confidentiality. Subject to the Access to Information Act (Canada), the Privacy Act, the Library and Archives Act of Canada and Section 9.0 of this Agreement, the Parties shall keep confidential and shall not disclose the contents of this Agreement or the transactions contemplated hereby, without the consent of all Parties. 16.8 Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 16.9 Dispute Resolution. If a dispute arises concerning the application or interpretation of this Agreement, the Parties shall attempt to resolve the matter through good faith negotiation, and may, if necessary and the Parties consent in writing, resolve the matter through mediation or by arbitration, by a mutually acceptable mediator or arbitrator in accordance with the Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act (Canada), and all regulations made pursuant to that Act. 16.10 No Amendment. No amendment to this Agreement shall be effective unless it is made in writing and signed by the Parties hereto. 16.11 No Agency. No provision of this Agreement or action by the Parties will establish or be deemed to establish any partnership, joint venture, principal-agent or employer- employee relationship in any way, or for any purpose, between Her Majesty and the Recipient, or between Her Majesty and a third party. The Recipient is not in any way authorized to make a promise, agreement or contract and to incur any liability on behalf of Her Majesty, nor shall the Recipient make a promise, agreement or contract and incur any liability on behalf of Her Majesty, and shall be solely responsible for any and all payments and deductions, required by the applicable laws. Page 19 of36 Recipient Name: Town ofTillsonburg Federal Economic Development Agency for Southern Ontario 151 Y onge Street, 3rd Floor Toronto, ON M5C 2W7 Attention: Community Infrastructure Improvement Fund or to such other address, as is designated by the Agency in writing. 17.3 Any notice or correspondence to the Recipient shall be addressed to: 200 Broadway Tillsonburg, ON N4G 5A 7 Project No: C0644 17.4 Each of the Parties may change the address, which they have stipulated in this Agreement by notifying in writing the other party of the new address, and such change shall be deemed to take effect fifteen ( 15) calendar days after receipt of such notice. 18. Special Conditions 18.1 As a condition precedent to initial disbursement, the Recipient agrees to provide the Minister an officer's certificate executed by an officer of the Recipient in the form prescribed by the Minister which includes certified copies of the Recipient's constating documents, by-laws and the resolution authorising the entering into of this Agreement. Page 21 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 1 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND STATEMENT OF WORK Recipient: Town of Tillsonburg Project Title: Revitalization of Lake Lis gar Project Location: 40 Concession Street East; Lake Lisgar, Tillsonburg N4G 3Y9 PROJECT DESCRIPTION: Upgrade and improve Gibson House and Lake Lis gar for recreational purposes. The works will include: • New energy-efficient lighting and windows; • Repair of building foundation; • Parking lot safety and accessibility improvements; • Infrastructure repair of part of the Trans Canada Trail; • Extension of public lake walkway; • Wheelchair accessibility and safety improvements to public scenic landings; • Provision of safe lake access and landings; • Upgrade booms and netting. Estimated date of commencement: 2013-04-01 Estimated date of Substantial Completion: 2014-03-31 FEDERAL CONTRIBUTION BY FISCAL YEAR 2012/2013 2013/2014 Total $0 $56,250 $56,250 Page 23 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 2 CO~UNITYINFRASTRUCTUREIMPROVEMENTFUND ENVIRONMENTAL MITIGATION MEASURES Recipient: Town of Tillson burg Project Number: C0644 Project Location: 40 Concession Street East; Lake Lisgar Tillsonburg, N4G 3Y9 Not applicable. Page 25 of36 Recipient Name: Town ofTillsonburg Project No: C0644 e) other costs that are considered to be direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Minister; and f) for Local Governments and First Nations government, incremental costs listed in Subsection 2.1 below. 2.1 Employee, Material and Equipment costs While these costs are not normally eligible for reimbursement, the incremental costs of the Recipient's employees, materials or equipment may be included in its Eligible Costs under the following conditions: a) the Recipient is a Local Government or a First Nation's government; and b) the Recipient satisfies the Minister that it is not economically feasible to tender a contract; and c) employees, material or equipment are employed directly in respect of the work that would have been the subject of the contract; and d) costs are approved in advance and in writing by the Minister, and are included in Annex 1 -Statement of Work. 2.2 Communications a) For the purposes of events, Eligible Costs include the following: • Printing and mailing invitations • Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks • Project material for display and/or media kit • Signage • Rentals such as: flagpoles, stage, chairs, podium, PA system b) For the purposes of Project signage, Eligible Costs include reasonable costs incurred to produce a small, medium or large interior/exterior sign. 3.0 Ineligible Costs Costs related to the following items are ineligible costs: a) Project Costs incurred before the Eligibility Date and after Program Completion Date; b) services or works that, in the opinion of Canada, are normally provided by the Recipient or a related party; c) salaries and other employment benefits of any employees of the Recipient except as indicated in Subsection 2.1 above; Page 27 of36 Recipient Name; Town ofTillsonburg Project No: C0644 Annex 4 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND DIRECT DEPOSIT AUTHORIZATION 1+1 Federal Economic Dewlopment Agency for Southern Ontario Agence federale de developpement economique pour le Sud de I;Ontario Recipient Name: FEDDEV Project Number: Direct Deposit: Progress and final disbursements of assistance can be deposited directly in below-mentioned bank account. Do you wish to take advantage ofthis service? No Yes If yes, please provide an Accounts Receivable: Contact name: Telephone Number: Email Address: Name of Account Holder(s) (If different from above) Please attach a voided cheque. If you are not providing a voided cheque, please have the following completed and confirmed by your financial institution: Branch No.: Institution No.: --------------- Account No.: Name(s) of Account Holder(s): Financial Institution: Address: Telephone No.: If 1/we have checked YES for the Direct Deposit Service, 1/we hereby authorize the Federal Economic Development Agency for Southern Ontario to credit the bank account identified above. RECIPIENT Signature of Authorized Signing Officer(s) Date Page 29 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 6 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Final Review Form Final submission for the Project must include this form as well as a copy of the Community Infrastructure Improvement Fund (CIIF) Final Report and the Statement of Total Government Assistance. Recipient Name: -------------------------------- Project Number: ____ _ Please complete all sections. A. Project Summary 1. The Project was Substantially Completed on ____________ _ (Date) 2. Has your CIIF Project experienced any variances either in project scope, budget or schedule? Yes No ----If Yes, please provide details: 3. Have all costs claimed been paid to the suppliers? Yes No __ _ If no, please provide details: 4. Have all costs been claimed at actual arm's length cost or at fair market value, net of any refunds or other consideration provided by any supplier? Yes No ----- 5. Are there any present or potential liens or claims known to you, which could put the ownership ofProject assets at risk? Yes No ________ _ If yes, who is this party? _____________________ _ Page 31 of36 Recipient Name: Town ofTillsonburg Project No: C0644 C. Communication Requirements Please confirm that the signage requirements have been met: D Appropriate Sign installed D. Project Certification I, , of the Recipient, certify that I have examined the Community Infrastructure Improvement Fund Contribution Agreement for the above Project and that the above responses are true and correct. Name: Date Title: Ensure the following documents are included with this report: Final Report Statement of Total Government Assistance Page 33 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 8 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Statement of Total Government Assistance Recipient File Number Approved Eligible Costs Funding Sources Federal (CIIF) Recipient Other Sources of Funds/Revenue TOTAL Amount $ $ $ $ $ $ $ I hereby certify that the above summary of eligible costs includes only costs paid and properly chargeable to CIIF; the amounts listed in "Other Sources of Funds I Revenue" represents all provincial and federal funding (with exception of the CIIF funding) and any contribution from developers or other sources received or receivable, applicable to the above project. Name, Title: Signature: Date: Page 35 of36 l/S"~rdCoun~ r ~owing stronger. .. together Community and Strategic Planning P. 0. Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcountv.ca OUR FILE: ZN 7-12-09 APPLICATION FOR ZONE CHANGE AND RED LINE REVISION TO DRAFT APPROVED PLAN OF SUBDIVISION To: The Mayor and Members of Tillsonburg Town Council REPORT No.: 2012-339 MEETING DATE: January 14, 2013 OWNER: Victoria Wood Tillsonburg (GP) Inc. 8500 Leslie Street, Suite 210 Markham, ON L3T 7M8 LOCATION: APPLICANT: Hayhoe Homes 1 Barrie Blvd, St. Thomas ON N5P 4B9 The subject property is described as Lots 1, 2, 3, 4 & Part of Block A of Plan 1 082, Part of Lot 7, Concession 12 (Dereham), and Part 1 of Reference Plan 41R-7974. The subject property is located at the northeast corner of Baldwin Street and Quarter Town Line Road and has frontage on Colin Avenue, in the Town of Tillsonburg. The lands are part of draft approved plan of subdivision 32T-06005, known as Victoria Wood. COUNTY OF OXFORD OFFICIAL PLAN: Schedule ''T-1" Schedule "T-2" Town of Tillsonburg Land Use Plan Town of Tillsonburg Residential Density Plan TOWN OF TILLSONBURG ZONING BY-LAW NO. 3295: Residential Low Density Residential Existing Zoning: Low Density Residential Type 1 Zone (R1A-H) Passive Open Space Zone (OS1) Requested Zoning: Special Low Density Residential Type 1 Zone (R1A-Special) (H); Special Low Density Residential Type 2 Zone (R2-Special) (H) APPLICATION REVIEW: (a) Proposal The applicant proposes to re-zone the subject lands from 'Low Density Residential Type 1 Zone (R1A-H)' and 'Passive Open Space Zone (OS1)' to 'Special Low Density Residential Type 1 Zone (R1A-H-Special) and 'Special Low Density Residential Type 2 Zone' (R2-H-Special). File No. ZN 7-12-09 (d) Zoning By-Law Page 3 Report No. 2012-339 The subject property is zoned 'Low Density Residential Type 1 (R1A-H)' and 'Passive Open Space Zone (OS1)' in the Town of Tillsonburg Zoning By-Law No. 3295. The applicant is requesting that the zoning be amended as follows: • Amend the zoning of lot 36 to reduce the minimum exterior side yard width from 6.0 m to 4.5 m; • Amend the zoning of lots 2-30, 37-52 from R1A to an R2-Special Zone to reduce the minimum exterior side yard width from 6.0 m to 4.5 m, and to amend the list of permitted uses to include only a single detached dwelling and home occupation; and • Amend the zoning of a portion of the stormwater management block (Block 302) from OS1 to R2-Special to reflect the revised boundary between the stormwater management block. The provisions of the requested R2-Special zone include reduced lot frontage, lot depth, lot area, and rear yard depths when compared to the R1A Zone, as depicted in the chart below: Provision Existing 'R1A' Zone Proposed 'R2-Special' Zone Lot Area 375 m<~t 480 m<~ for a corner lot 315 m<~ I 450 m<~ for a corner lot Lot Depth 30m 30m Lot Frontage 12.5 m /16m for a corner lot 10.5 m /15m for a corner lot Rear Yard Depth 10.5 m 7.5m Front Yard Depth 6m 6m Exterior Side Yard Width 6m 4.5m Maximum Lot Coverage 35% 40% The applicant has indicated that these changes are being sought to provide increased building envelopes for the future construction of single detached dwellings on the property. The larger building envelopes will provide for greater flexibility in housing design going forward. Holding provisions will remain on the subject property until a subdivision agreement is signed, the subdivision is registered and water and wastewater capacity has been allocated to this development. (e) Agency Review The application for zone change was circulated to a number of public agencies for their review. The Town Manager of Engineering indicated that there are no concerns. A one foot reserve is present on Colin Avenue. Town Building Services commented that the developer should consider maintaining the 6.0 m. exterior side yard width for Lot 36 as it will match the exterior side yard of the adjacent property located at 5 Trottier Drive. Tillsonburg Fire & Rescue & Oxford County Public Works indicated that they have no concerns with this application. ) File No. ZN 7-12-09 RECOMMENDATION: Page 5 Report No. 2012-339 It is recommended that the Council of the Town of Tillsonburg approve the attached zoning by- law amendment for an application submitted by Victoria Wood (Tillsonburg) GP and Hayhoe Homes, whereby lands consisting of Lots 1, 2, 3, 4 & Part of Block A of Plan 1082, Part of Lot 7, Concession 12 (Dereham), and Part 1 of Reference Plan 41 R-7974, located on the north side of Baldwin Street, east side of West Quarter Town Line Road and fronting on Colin Avenue, in the Town of Tillsonburg are to be rezoned to R2-Special and R1A-Special to provide increased building envelopes and reflect the amended boundary of the storm water management block. It is recommended that the Council of the Town of Tillsonburg advise Oxford County that the City supports the modifications to the draft approved plan of subdivision (File No. 32T-06005), respecting lands described Lots 1, 2, 3, 4 & Part of Block A of Plan 1082, Part of Lot 7, Concession 12 (Dereham), and Part 1 of Reference Plan 41 R-7974), in the Town of Tillsonburg as illustrated on Plate 4 of Report No. 2012-339. AUTHORED BY: "Eric Gilbert" Eric Gilbert, MCIP, RPP Development Planner EG/ January 6, 2013 APPROVED BY: "Gordon Hough" Gordon K. Hough, MCIP, RPP Corporate Manager ld'\cferdCount~ ~ growing stronger. .. together 142 NAD_1983_UTM_Zone_17N © County of Oxford 0 71 142Meters November 12, 2012 1:2,800 This map is a user generated static output from an lntemet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY ~:~~7:~~~~~---~:·:~:~;j:;\~-- " c,c..~---~--·\ r ,.. \ ._..), _.-\/\ . \. I)' \.------ 1 I . \ ,...-(..., \ '. \ . .) . -~~~-,__,..-______ .,, , _ " , .. r \ .,_ \ \..!; ,-{ -\ ,:_.v ,. v'i""" ., ' ) I . \ ··. \ ... ------ ' .. -\ I \ I Legend Parcel Lines (Displays 1:16 0 Boundary Lot Line Assessment Line Road Environmental Protection/Fio1 Flood Fringe ~ Floodway ~ ;:;:;: Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation •• ... •• •• 100 Year Flood Line 30 Metre Setback Conservation Authority Regulatior Regulatory Flood And Fill Lines [gJ Zoning (Displays 1 :16000 to • Area Proposed to be amended to R2-Special IIIII (H) Zone Area Proposed amended to Special Zone to be R1A-H Area Proposed to Remain IIIII R1A (H) Notes Plate 4 -Proposed Amended Draft Plan File No.: ZN 7-12-09-Hayhoe Homes/ Victoria Wood Part of Lot 7, Concession 12, Geographic Township of Dereham, Lots 1, 2, 3, 4 Part of Block "A" of Plan 1082, & Part 1 of Plan 41R-7974, Town ofTIIIsonburg REVISED DRAFT PLAN OF SUBDIIIJSION PART OF LOT 7 CONCESSION 12 GEOGRAPHIC TOWNSHIP OF DEREHAM TOWN OF TILLSONBURG COUNTY OF OXFORD 32T-06005 KIM HUSTED SURVEYING LTD. NOVEMBER 6, 2012 SCALL1:100 , .. I --· METRIC =:=:;:.,.,=.,.,&;"'-- KIM HUSTED SURVE'tlNG LID. ONTARIO LAND SI.IR\£'I"'ft -~~a:=--... • COliN A'&-1 I&BI9IC2 A£ _.._ The Corporation of the Town of Tillsonburg By-law Number 7.5.9.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-9 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.9.2.1 EXTERIOR SIDE YARD 7.5.9.3 Minimum width 4.5 m (14.76 ft) That all of the provisions of the R2 Zone in Section 7.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 4. 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 14th day of January, 2013. READ a third time and finally passed this 14th day of January, 2013 Mayor Clerk } Eric Gilbert From: Sent: To: Subject: Eric Gilbert [egilbert@oxfordcounty.ca] November-21-12 11:25 AM 'planning@oxfordcounty.ca'; 'Will Hayhoe' FW: Zone change From: Marilynne Payne [mailto:marilynnepayne@yahoo.ca] Sent: November-21-12 11:22 AM To: Eric Gilbert Subject: Zone change Re: File No. ZN 7-12-09 Owner Victoria Wood (Tillsonburg) GP Inc./Hayhoe Homes I recently received a zone change application for the subdivision to be developed behind my property at 19 Trottier Drive. I would like to voice a few of the concerns I have with this development. The existing zoning was approved to keep the lots and type of development in conformity with the rest of the area. How is the change going to impact on that? Is the zoning change going to permit duplexes and town houses in lieu of mostly single family dwellings? Why is there a need to revise the boundary of the storm water management block? I thought that was put in place for a reason. )Another concern I have is the limited access to this proposed subdivision. This will directly impact the residents of our subdivision by the addition of at least an additional 50 vehicles traveling on Trottier Drive which is a popular walking area. There are no sidewalks on this street so people are forced to walk in the roadway. This is a safely issue that would not exist if there was also an egress onto Quarter Town Line Road to help share the traffic load. I am sure the developer and the town are opposed to this idea simply because it would mean one less lot to sell and one less lot to receive tax dollars from, however the homeowners here have paid taxes for many years and their concerns should be addressed. The notice states that we will be informed of a Public Meeting sometime in the future but I see survey stakes already on the property so I am wondering how much weight opinions voiced at said meeting will have. Has this application already been approved? Yours truly, Marilynne Payne 19 Trottier Drive Tillsonburg, Ontario Phone 519-842-9405 ZN 7-12-09 TOWN OF TILLSONBURG BY-LAW NUMBER 3694 EXPLANATORY NOTE The purpose of By-Law Number 3694 is to rezone property consisting of Lots 1, 2, 3, 4 & Part of Block A of Plan 1082, Part of Lot 7, Concession 12 (Dereham), and Part 1 of Reference Plan 41 R-797 4, located on the north side of Baldwin Street and east side of Quarter Town Line Road, in the Town of Tillsonburg to 'Low Density Residential Type 1A Zone (R1-A), 'Special Low Density Residential Type 1A Zone' (R1A-14-H) and 'Special Low Density Residential Type 2 Zone' (R2-9-H). The amendment would allow for a reduced exterior side yard width of 4.5 m within a (R1A-14) Zone, and reduced exterior side yard widths of 4.5 m and allow only single detached dwellings and home occupations as permitted uses in the R2-9-H Zone. A small portion of the original stormwater management block has also been rezoned to R1A (H) to incorporate minor red line changes to the draft approved plan of subdivision. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 3694. The public hearing was held on January 14, 2013. Any person wishing further information relative to Zoning By-Law Number 3694 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-12-09 (Victoria Wood Tillsonburg GP & Hayhoe Homes) Report No: 2012-339 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3694 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1A-14-H', 'R1A-H' and 'R2-9-H' the zone symbols of the lands so designated 'R1A-14-H', 'R1A-H', and 'R2-9-H' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "6.5.14 LOCATION: SOUTH SIDE OF COLIN AVENUE (LOT 36) R1A-14 6.5.14.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.14.1.1 EXTERIOR SIDE YARD Minimum width 4.5 m (14.76 ft) 6.5 .14 .2 That all of the provisions of the R 1 A Zone in Section 6.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 3. That Section 7.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "7.5.9 LOCATION: REYNOLDS WAY, COLIN AVENUE R2-9 7.5.9.1 Notwithstanding any provision of this By-Law to the contrary, no person shall within any R2-9 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a single detached dwelling; a home occupation, in accordance with the provisions of Section 5.13 of this By-Law. ' \ KEY MAP WOOD HAVEN DRIVE Rtffi -LANDS TO WHICH BYLAW ____ APPLIES lxt"::;lfs?Jtif!J~~ tltct Produced By The Department of Corporate Services Information Systems ©2013 ----50 25 0 100 150 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL December 13, 2012 Provincial Auditor's 2012 Report-Key Municipal Interest in OPP Recommendations Yesterday the Auditor General of Ontario released his Annual Report which contains a number of recommendations based on his value for money audits of various provincial government program/ service areas. One of the observations is that "good decisions require good information." The report contains several areas of interest to municipalities, in particular, the thorough examination of the Ontario Provincial Police (OPP). OPP: The OPP provides 322 municipalities with policing services at an annual cost to municipal property taxpayers of $362 million. The report highlights escalating policing costs at the same time that crime rates have generally not grown. Also, it notes that Ontario has the highest per capita policing costs (OPP and municipal own forces) in the country at $294 compared to the national average of $268 (2008 data). The thrust of the recommendations is for the OPP to find greater efficiencies in its operations, and in fact the report reiterates recommendations from previous audits of the OPP in 2005 that have not been acted on or completed including those related to staff deployment and controlling costs. AMO is requesting an urgent meeting with the Minister of Community Safety and Correctional Services and the Commissioner of the OPP to discuss how recommendations will be prioritized and acted upon in a timely manner. AMO has been representing municipalities at the Future of Policing Advisory Committee (FPAC) and its working groups. While FPAC is a useful venue to discuss many issues of relevance to all police forces in Ontario, including policing standards, AMO is seeking a specific opportunity to discuss issues raised in the Auditor General's report. In an era of the Drummond Report, provincial deficits, and a stretched property tax dollar- finding greater efficiencies in OPP operations is critical for the municipalities that rely on its police services. Below are key excerpts from the OPP Chapter in the Report: -Rising cost of service with decreasing crime: "Over the last five years, the average number of calls for service the OPP has responded to or initiated has remained relatively stable. By contrast, OPP expenditures net of recoveries from municipalities have increased by 27% over the same period .... Many of the other larger police forces across Canada have had similar expenditure increases, notwithstanding the long-term trend of declining rates of crime and serious motor vehicle accidents." -Need to update staff deployment model: "It has been more than 10 years since the [staff deployment] model was used to assess the deployment of some 1,550 ... officers to detachments that provide other front-line policing. The report also includes OPP commentary confirming that it is considering a per capita costing methodology and will presenting such a proposal to the Ministry in late 2012. If implemented province-wide, such a change would significantly shift the policing cost burden across municipalities. It would also have different implications for contract and non-contract policed communities and the service enhancements for which some municipalities pay a premium to the OPP. A per capita costing methodology is not a substitute for dealing with unsustainable increases in policing costs. For AMO, we see a need to achieve the greater efficiency identified by the Auditor General, including those matters dating back to 2005, before any consideration is given to a new per capita costing methodology. Long Term Care and Metrolinx: The Auditor General also made recommendations in two other areas of interest to municipal governments. He highlighted Presto card challenges which affect municipalities in the Greater Golden Horseshoe. Regarding long term care placement, the Auditor General notes that the median wait time for a bed has tripled since 2005 and he noted the impacts this has on the broader health care system. System wide impacts have been a concern to municipal governments. For copies of the report visit: http://www.auditor.on.ca/en/default.htm AMO Contact: Matthew Wilson, Senior Advisor, email: mwilson@amo.on.ca, {416) 971-9856 ext. 323 The Corporation of the Town of Tillson burg FIN 2013-001 Bell Mobility Inc. Contract DATE: January 7, 2013 TO: David Samis, Interim CAO FROM: Darrell Eddington, Director of Finance SUBJECT: CONTRACT WITH BELL MOBILITY INC. RECOMMENDATIONS "RESOLVE THAT Council receives Report FIN 2013-001; FURTHER RESOLVE THAT By-Law 3688 be brought forward for Council consideration." PURPOSE To provide Council with a new services contract with Bell Mobility Inc. for consideration. HISTORY & DISCUSSION The Town had a services contract with Bell Mobility Inc. that expired on November 30, 2012. The Town belongs to the Ontario Provincial Supply Chain Management program whereby the Province is responsible to obtain tenders or complete Requests for Proposals for services such as those provided by approved Vendor of Record suppliers Bell Mobility Inc., Rogers and/or Telus. The Province's agreement with these suppliers expires January 31, 2013. As per the attached staff comparison of rates provided by the three vendors of record, while there are slight differences in certain categories, the overall rates in core services that the Town is interested are comparable. Bell Mobility Inc. has provided the attached draft contract for the Town's consideration which complies with the existing Provincial vendor of record agreement. Bell Mobility Inc. has advised the Town that certain components of their agreement may be subject to rate increases. If certain components of their agreement are subject to rate decreases, Bell Mobility Inc. has assured Staff that there will be a subsequent amendment to the existing Town contract so that the Town will participate in those decreases. Staff has a very productive relationship with the Bell Mobility Inc. service representative and is recommending to Council that the attached agreement be adopted. FINANCIAL IMPACT /FUNDING SOURCE None. The Corporation of the Town of Tillsonburg EXECUTIVE SUMMARY CAO 12-33 DATE: January 14, 2013 TO: Council FROM: David Samis, Interim GAO SUBJECT: EXECUTIVE SUMMERY CAO 12-33, BY -LAW 3686 SALE OF SURPLUS LAND TO HUSTED RECOMMENDATION RESOLVED THAT Council receive Executive Summary GAO 12-33 Sale of Surplus land to Husted; FURTHER RESOLVE THAT By-Law 3686, to provide for the sale of certain lands, being, Part of Block A, Plan M-68, Part 1 on RP 41 R-8862, in the Town of Tillsonburg, County of Oxford, be brought forward for Council consideration. PURPOSE Staff are recommending to proceed to sell the surplus parcel of land on Glendale Drive, shown on the attached map, to the land owner who owns the abutting land at 67 Glendale Drive. HISTORY & DISCUSSION Council will recall that at the Council meeting of November 12, 2012, it passed By-Law 3668 to authorize the sale of Part 2, Part of Block A, Plan M-68 to the abutting land owner at 65 Glendale Drive and on November 26, 2012, it passed By-Law 3675 to authorize the sale of Part 3, Part of Block A, Plan M-68 to the abutting land owner at 63 Glendale Drive. The land owner at 67 Glendale Drive has now approached the town to purchase the land locked piece along the ravine to the rear of her property. This piece as well has been used and maintained by the land owner over a number of years, is not a viable building lot on its own and would be of no use to anyone other than the abutting land owner. The property owner has provided an agreement of purchase and sale in the amount of $4,316.00 plus applicable taxes and disbursements and a Reference Plan indicating this parcel as Part 1 on Reference Plan 8862. Staff are satisfied that this is a fair price for this parcel given the history and that all required documents have been provided. FINANCIAL IMPACT/FUNDING SOURCE Any funds generated from this activity would be allocated to reserves, and costs with regards to the property sale would be borne by the purchaser (i.e. survey, reports and legal costs). PREPARED BY: Donna Wilson, Clerk APPROVED BY: David Samis, Acting GAO Date: December 10, 2012 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3686 A BY-LAW to authorize the Sale of certain lands to Irene Husted. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillson burg is desirous of selling certain lands being Part of Block A, Plan M-68, designated as Part 1 on Reference Plan 41R-8862, in the Town of Tillsonburg, County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation and should be sold; AND WHEREAS Irene Husted has made a written offer to purchase these lands at the Purchase Price of $4,316.00 plus HST and disbursements. BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands shown on schedule A attached hereto and described as Part of Block A, Plan M-68, designated as Part 1 on Reference Plan 41R-8862, in the Town of Tillsonburg, County of Oxford, at the purchase price of $4,316.00, plus all applicable taxes, disbursements and legal costs; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRST AND SECOND TIME THIS 14th DAY OF January, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF January, 2013. Mayor -John Lessif Clerk -Donna Wilson \ I \....0~ f!P'~-" ~ ~I\ .,..,.~. ~~~.J) 0\Si ?-~ ~ ""'' ~~~~. o.o t""'' 0 ,, ~,,~ ·.....-'~ ~~~ ~;,r ~ ~~ .... . ,o SIB (727) ·• •:li~ DISTURBED ~-:,.9~~ DID NOT USE P.I.N. 00028 ~ ~ z I f§P'~- \....oi f!P'l!> '?~~~ ... ~~· 0~ I . ... ~,. ~ \\ I I I SEE DETM. •A• \ ~ \ \ \ \ " q<< ... " " q'>. if /"-. "' I 0 S: ~ '0"\. .-<1 ~· '() \....oi \ \ ~~ ...c -· ev·- ~' ' OEPOsi1ED UNDER 1HE LAND' nlLES 'I' REQUIRE '!HIS PLAN TO liE ' ACT PLAN. 41R-~~I~ ... ~f' ~ f§P'~-Ib ... ~~· kOQ( PART OF BLOCK "A" o'l.oe ~ ... , ~..~ "'"0, '\ -;. RECErom All) DEP05I1m ..wa.•».,..,.n DAlE · SCHEDULE PLAH I PJ.N. PART OF 11-ae I 00026-0544 •\0 MEA 200.5 SQUARE IIElRES 873.1. SQUARE METRES I ' SQU~7~\ \ ~ g n'l01 Q. \' ~ --:t-o "? r-\ ~ \:''-... ~ .. ' \ ~ ~ 9 Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) DEC 0 7 2012 Ms. Joan Weston Ottawa, Ontario K1A OH5 Lake Lisgar Revitalization Committee Member Town ofTillsonburg 200 Broadway Street Tillsonburg, Ontario N4G 5A 7 Re: C0644 Revitalization of Lake Lis gar Dear Ms. Weston: Ministre d'Etat (Sciences et Technologie) (Agence federale de developpement economique pour le Sud de !'Ontario) MSC 0006583 I would like to congratulate you on your successful application to the Community Infrastructure Improvement Fund (CIIF). Based on your application and pending necessary financial follow-up, your project will be provided with a non-repayable contribution of up to $56,250. Staff from the Federal Economic Development Agency for Southern Ontario will contact you in the near future to execute a contribution agreement. This agreement will outline the contracting details, claims information, and communication opportunities for your funded project. The signed contribution agreement must be accompanied by a resolution of your Council. Please ensure that the resolution references the contribution agreement under the CIIF program, the project title, and the funding amounts approved under the program, as listed in this letter. For further information, you may call 1-866-593-5505, e-mail infrastructure@feddevontario. gc.ca, or visit http://www .feddevontario.gc.ca/CIIF. Once again, congratulations, and I encourage you to continue to work on improving the economic prospects of your community and Canada. The Honourable Gary Goodyear, P.C., M.P. C dl+l ana a 1+1 Federal Economic Development Agency for Southern Ontario Ms. Janet McCurdy Manager, Parks & Recreation Services Town ofTillsonburg 200 Broadway Tillsonburg, ON N4G SA 7 Agence federale de developpement economique pour le Sud de !'Ontario RE: C0585 -Revitalization ofTillsonburg Fairgrounds and Memorial Park Dear Ms. McCurdy: I would like to thank you for your application to the Community Infrastructure Improvement Fund (CIIF). Through the CIIF intake process, a significant number of submissions were received from across Ontario. While the Federal Economic Development Agency for Southem Ontario received many outstanding applications, difficult decisions had to be made and the Agency was unable to accommodate all applicants. We reviewed the project you submitted in great detail, and I regret to inform you that your project was not selected for funding. All CIIF applications were assessed based on the degree to which they met the program eligibility requirements and selection ctiteria, as outlined in the program guidelines. For further infonnation, please visit http://www.FedDevOntario.gc.ca/CIIF. Thank you for your interest in the Community Infrastructure Improvement Fund. Yours sincerely, Natasha K. Brenders Director General, Infrastructure Operations Canada 0 l. ) Tourismfxfc?rd our rural roots ~are showing To Mayor and Council: This letter is intended to provide your council with advance knowledge of an Oxford County photography table top book, which will be published mid-summer, 2013. I have attached a low-resolution preliminary cover of the book. This 10" x 10", 96 page hard- cover book with dusk jacket will feature over 90 colour photographs of our County. The intent of this letter is to allow you to budget for a supply of books for your municipal use. You would be able to purchase them at a discounted pre publication rate of $24.00, with the retail selling price being $36.00. One of Oxford County's strengths is its photogenic nature. Tourism Ox~ord has prided itself on the quality of local photography used to promote the County. It has shared photography with other departments within the County, and within the community at large. It is common to receive feedback from visitors on the beauty of our landscapes, heritage buildings and people. Richard Bain is an accomplished photographer and publisher, with a number of beautiful books published featuring his exceptional photography. Tourism Oxford has developed a library of vivid images over the years, in part through the annual photography contest. Books of this nature make excellent tourism souvenirs and are also a prime gift for municipalities, service clubs and community organizations. The book will include several images depicting such themes as: • Our Cultural Assets and Architecture • Wetlands, Woodlots, Trails, and Nature • Agriculture Books are packaged in cartons of 15 and the cost to you for each book is $24 per copy, plus 5% (book HST rate). Purchases of at least 5 cartons will receive an insert sheet stating that "this book is brought to you compliments of your municipality's name". /in~ truly, ~gham, Tourism Specialist 580 Bruin Boulevard, Woodstock Ontario N4V 1 E5 Phone: 519-539-9800 • Fax: 519-537-2718 1-866-801-7368 • email: tourism@oxfordcounty.ca • www.tourismoxford.ca • www.rideoxford.ca • www.oxfordfresh.ca • www.doorsopenoxford.ca ATTENION: Municipal Clerk Dear ASAP Member: We are happy to share the first edition of the Mayors' Coalition for Affordable, Sustainable and Accountable Policing (ASAP) newsletter. As a supporter, your name appears prominently in our newsletter, among other communities that have recognized that the payment model for OPP services in rural municipalities is dysfunctional and unfair. As municipal leaders, you recognize that costs related to policing have become the greatest uncontrolled cost to municipalities. This creates an immediate threat to our financing and fiscal planning by delaying and deterring investment in programming, infrastructure, and community development projects. As mayors, our opportunities for input and feedback are limited, and yet, we are forced to absorb these runaway costs every year. Together, we can advance this issue, and achieve change for communities across Ontario. Your support and efforts on our behalf are appreciated, as ASAP continues to address the issue. If you have ideas or suggestions for future editions of the newsletter, we would encourage you to reach out to a member ofthe Steering Committee. Thank you for your support. Mayor John Lessif, Town ofTillsonburg-jlessif@tillsonburg.ca Mayor Peter Politis, Town of Cochrane-peter.politis@cochraneontario.com Mayor Gerry Marshall, Town of Penetanguishene-gmarshall@penetanguishene.ca Mayor Dennis Travale, County of Norfolk-dennis.travale@norfolkcounty.ca Mayor Jamie McGarvey, Town of Parry Sound-Jamie@townofparrysound.com u Welcome to the first newsletter from the Mayor's Coalition for Affordable, Sustainable, and Accountable Policing As mayors in Ontario, we appreciate and acknowledge the incredible and essential services that the police offer our communities. We could not grow and thrive without their presence. However, existing regulations regarding how these services are paid for are creating a significant threat for municipalities across the province. ASAP was formed to address the dysfunctional and unfair model for paying for rural OPP services across Ontario's municipalities. Currently, municipalities are handed a bill from the province to pay for policing services. The problem is that the model for determining the cost to municipalities is a) unpredictable b) inequitable and c) unsustainable. The current model is unpredictable because, as mayors who are managing complex budgets, we do not know how much the province will charge us until we receive the bill. Mayors must become part of the decision making process. The current model is inequitable because the cost of policing per resident varies greatly from one municipality to another. The model is based on a complicated formula that means a taxpayer in one municipality may pay hundreds of dollars more annually for policing than a taxpayer in a neighbouring municipality. Mayors must demand equitable payment across Ontario. The current model is unsustainable because costs for policing continue to rise at a rate that outpaces municipal budgets. As mayors, we are being forced to cut other essential services and this cannot continue without having a significant impact in our communities. Mayors must demand realistic payment for policing services. . _, ~~~~~ '1&'' . ~Eii' ~,~ kit!'~ Recognizing these issues, 28 mayors came together to create ASAP and find solutions. We have met with the minister, interacted with various policymakers, and now, we need your help. We are looking for municipalities willing to lend their support and resources to a cause that would benefit us all. About Us The Mayors' Coalition for Affordable, Sustainable, Accountable, Policing is a consortium of concerned municipalities, seeking to address the unsustainable cost of police service, by determining the true cost of provincial policing, and allocating per-household costs evenly across OPP-serviced municipalities. The coalition welcomes new members, input, and resources as it continues to seek a long-term resolution to this issue. ASAP Steering Committee Please contact any one of us to join ASAP or get more information: Mayor John Lessif, Town of Tillsonburg jlessif@tillsonburg.ca Mayor Peter Politis, Town of Cochrane peter.politis@cochraneontario.com Mayor Gerry Marshall, Town of Penetanguishene gmarshall@penetanguishene.ca Mayor Dennis Travale, County of Norfolk dennis. travale@norfolkcounty. ca Mayor Jamie McGarvey, Town of Parry Sound jamie@townofparrysound.com Do you have questions? Find out more about us at www.mayorscoalition.com ~-1 O+A With a Mayor \ ) Mayor John Lessif, Tillson burg 0: How does the current law enforcement funding model directly impact your citizens or community? The community of Tillsonburg is very satisfied with the quality of policing being delivered by the OPP. The relationship our citizens have with the OPP is very positive and we are grateful. However, Tillsonburg's police costs represent 29% of a $12+ million dollar operating budget. This is easily the largest line item on our operational budget. Across the province, per-household costs for policing range from just under $9 dollars to $1,100 dollars per household. Clearly, the current model has a direct impact on Tillsonburg's municipal taxes. Yet, the financial pressures to operate our municipalities continue to grow. Our residents, employed, unemployed, young, retired or with disabilities see their disposable income shrinking. With greater transparency of cost and a more equitable distribution of costs across the province, we could improve access to community recreation, improve municipal transportation, and plan for the future. Fairness would bring relief to individual households, and provide us with the municipal tax relief to continue building strong communities. 0: If system change isn't achieved, what will the impact be on your municipality? Entering budget planning for 2013, we will be faced with reducing programmes for our seniors and youth, or increasing fees to maintain them, the infrastructure needs will continue to be delayed and investment needed to grow our community will not happen. We're talking about stagnation. We need the funds which would come as a result of the province treating police costs in the same manner as health care and education. No matter where you live in Ontario each household needs to pay equally for policing. I am confident we will see change. The question is how soon. Tillsonburg's Council is working hard to reduce our debt, build reserves and keep tax increases to a minimum, as are so many communities across this province. We were told by the province that changes would be in place for the 2012 budget year, but then we were told the changes would be in place in time for the 2013 budget year; I'm still waiting. 0: As a founding member, can you tell us why you formed ASAP? In April 2012, the Ontario Ministry of Community Safety and Correctional Services struck a Task Force to review the province's delivery model for policing. The Terms of Reference did not allow for a review of the relationship between municipally- elected officials (Mayors) and the OPP with respect to the delivery model or costs. This means that municipally-elected officials have no say as to how policing is delivered, nor the costs related to keeping our communities safe. Do you have questions? Find out more about us at www.mayorscoalition.com Ministry of Agriculture, Food and Rural Affairs Office of the Deputy Minister 77 Grenville Street, 11"' Floor Toronto, Ontario M7A 1B3 Mlnlstere de I~Agrlculture, de I' Alimentation et des Affalres rurales Bureau de Ia sous-ministre 7 7, rue Grenville, 11• ~tage Toronto (Ontario) M7 A 1 83 HI.: 416 326-3101 Telk: 416 326-3106 ('~ t?ontario Tel: 416 326-3101 Fax: 416 326-3106 December 3, 2012 Dear GAO/Clerk/Treasurer: I am writing to share news with you regarding the 2013 Premier's Award for Agri-Food Innovation Excellence program and to encourage you to share this information in your municipality. The Premier's Award for Agri-Food Innovation Excellence program was created to recognize and foster the spirit of innovation that thrives in Ontario's agricultural sector. It encourages the development of rural communities, farms, agri-food processors and agri-food organizations by adding value to existing products, creating jobs and driving economic growth. Each year the program recognizes up to 45 award winning innovations across the province valued at $5,000 each. In addition, there is a· Premier's Award valued at up to $75,000, a Minister's Award valued at up to $50,000, and three Leaders in Innovation awards valued at $25,000 each. All award recipients receive a plaque, a gate sign and various promotional materials. Primary producers, processors or agri-food organizations are invited to submit applications. Details on eligibility, innovation categories, assessment criteria, application process and selection process can be found in the enclosed 2013 Program Guidebook and Application Form or at www.ontario.ca/agrifoodinnovation. · I ask that you encourage outstanding agriculture and agri-food innovators to submit an application by the deadline of 5 p.m. on January 18, 2013. Should you require additional resources, please contact the Agricultural Information Contact Centre at 1-877-424-1300 or ag.info.omafra@ontario.ca. I am also pleased to enclose a copy of a brochure that highlights the recipients of the last program for the Premier's Award for Agri-Food Innovation Excellence. I look forward to learning about agri-food innovations in your municipality. Sincerely, Karen Chan Deputy Minister (A) Enclosure Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Bureau principal du ministere: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 Good Things Grow in Ontario A bonne terre, bons produits Foodlond ONTAII.IO Ministry of Citizenship and Immigration Ontario Honours and Awards Secretariat 400 University Avenue, 41h Floor Toronto ON M7A 2R9 December 2012 Dear friend, Minlstere des Affaires civlques et de !'Immigration Secretariat des distinctions et prix de !'Ontario 400, avenue University, 4" etage Toronto ON M7A 2R9 r'~ t?ontario I am pleased to advise you that nominations for the Ontario Medal for Young Volunteers are being accepted by the Ontario Honours and Awards Secretariat. The Ontario Medal for Young Volunteers is presented by the Lieutenant Governor to exceptional young volunteers, between the ages of 15 and 24. Through their actions and dedication, young volunteers have improved the quality of life in their communities, their province, their country, and even around the world. This honour recognizes Ontario's finest youth who understand the importance of volunteering and who demonstrate leadership, initiative and perseverance as well as inspire others. Do you know an outstanding yoi.Jng volunteer? If so, please nominate them for the Ontario Medal for Young Volunteers. Deadline for nominations is January 31. 2013. Nomination forms and additional information about the Ontario Medal for Young Volunteers, and other programs that recognize volunteers, are available on the Ministry of Citizenship and Immigration website at: www.ontario.ca/honoursandawards If you have any questions or require assistance please contact the Ontario Honours and Awards Secretariat by phone at (416) 314-7526, toll free at 1-877-832-8622 or TTY 416-327-2391. I genuinely hope you take this opportunity to nominate any young volunteer(s) you believe to be worthy of this recognition. Sincerely, The Honourable Michael Chan Minister 42·054A CAO 13-01 Meeting Investigator DATE: January 15, 2013 TO: David Samis, Interim CAO FROM: David Sam is, Director of Development & Communication Services SUBJECT: MEETING INVESTIGATOR AGREEMENT RECOMMENDATIONS RESOLVE THAT Council receive Report CAO 13-01 Meeting Investigator Agreement. FURTHER RESOLVE THAT Council retain the services of Gregory F. Stewart as Closed Meeting Investigator for a two year term commencing January 1, 2013 and that a By-law to authorize the a Municipal Meeting Investigator Agreement be brought forward for Council consideration. PURPOSE To obtain Council endorsement for a two year Municipal Meeting Investigator Agreement with Gregory F. Stewart. HISTORY & DISCUSSION At the regular meeting of Council held on December 10, 2007, Council passed By-Law 3296, to authorize an agreement with JGM Consulting (John Maddox) for the provision of professional services as a meeting investigator in accordance with Section 239.2 of the Municipal Act, 2001 (the "Act"). Section 239.2 authorized the municipality to appoint an investigator to investigate, in an independent manner, on a complaint made to him or her by any person, whether Council or the municipal Board has complied with Section 239 or Subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public. The meeting investigator is then required to report on the investigation. The original Closed Meeting Investigator Agreement, signed under By-Law 3296, was extended for the years 2009, 2010, 2011 and 2012. The Agreement excluded the City of Woodstock as the City had previously entered into an agreement independently with JGM Consulting. John Maddox of JGM Consulting, in a letter to the County, dated October 1, 2012, (copy attached) stated that he is unable to renew the County Agreement for 2013. The City of Woodstock advises that their Agreement is for a three year term with two years remaining. The County of Oxford had previously provided in their by-law for a fee of $25.00 to be charged to all applicants that submit a request for an investigation. The Town had not previously included this fee however is recommending that the $25.00 fee be included in the new proposed by-law. liPage Gregory Stewart is with the Law Firm, Donnelly & Murphy, with offices in Goderich and Kincardine. His areas of practice include municipal and planning, labour and employment, civil litigation, corporate and business law, family law, appeals, mediation and arbitration. G. Stewart is currently noted as representing the Counties of Middlesex and Perth, the Townships of Perth East and Perth South, and the Municipality of Perth West as Closed Meeting Investigator. G. Stewart does not charge a retainer and his fee is $250.00 per hour plus HST for all services in connection with an investigation and reporting on the investigation. In addition to his fee, he charges for any disbursements or expenses incurred in the investigation. G. Stewart is willing to enter into a joint agreement, having similar arrangements in Perth and Middlesex. As investigations arise from the individual municipalities each investigation would be billed individually to that municipality at the quoted rate. It was the consensus of the CAO/Cierk/Treasurer group to obtain references on the work of Gregory Stewart and following receipt of those references came to an agreement to submit recommendations to the various Councils to appoint G. Stewart as Closed Meeting Investigator under a joint agreement for reasons as noted herein. Mr. Stewart will work with the County and Area Municipalities regarding a joint agreement (attached) which the group feels provides desired cohesiveness. A joint agreement is not offered by LAS/ AMO. G. Stewart has no retainer which would prove to be a $2,400 savings for the group over the LAS/AMOS option. G. Stewart does charge $250 per hour which is higher than the LAS/AMO hourly fee of $156.25, but his investigations were noted as being completed in a very timely manner, one of which was 3.2 hours compared to an average investigation with LAS/AMO of 16 to 18 hours. It is recommended that the County and seven area municipalities retain the services of Gregory R. Stewart as Closed Meeting Investigator for a two year term commencing January 1, 2013 under joint Agreement and that a by-law be brought before council to authorize the execution of the Agreement. It is also recommended that a fee of $25.00 be charged to all applicants that submit a request for an investigation and that this fee be set out in the By-Law. FINANCIAL IMPACT /FUNDING SOURCE There is no cost to enter into the agreement and no annual fee. Gregory Stewart would charge $250/hour if we receive a complaint and he conducts an investigation. All investigations would be done by Gregory Stewart and he would provide a report to Council based on his findings and recommendations. Complainants would pay $25.00 when filing a complaint. PREPARED BY: Donna Wilson, Clerk APPROVED BY: David Samis, Interim CAO DATE AUTHORED: December 21, 2012 31Page Municipal Meeting Investigator Agreement This Agreement dated this 1st day of January, 2013 BETWEEN: The County of Oxford, The Corporation ofthe Township of Blandford- Blenheim, The Corporation of the Township of East Zorra-Tavistock, The Corporation ofthe Town of Ingersoll, The Corporation ofthe Township of Norwich, The Corporation ofthe Township of South-West Oxford, The Corporation of the Town ofTillsonburg and The Corporation ofthe Township of Zorra (hereinafter referred to as the "Municipalities") -and- Gregory F. Stewart (hereinafter referred to as the "Independent Investigator") WHEREAS section 239.2 of the Municipal Act, S.O. 2001, c.25 (the "Act") authorizes a Municipality to appoint an investigator to investigate in an independent manner any complaint as to whether the Municipality has complied with the Act or a Municipal procedural by-law in respect of a meeting (or part of a meeting) that was closed to the public; AND WHEREAS the investigation of the relevant municipality or local board must be undertaken by an Investigator appointed by the municipality pursuant to Sections 9, 10, 11 and 239.2 of the Act or by an Ombudsman appointed pursuant to the Ombudsman Act if the municipality has not appointed an Investigator under the Act; AND WHEREAS each of the Municipalities deems it desireable to appoint Gregory F. Stewart as the Investigator to investigate all requests received by each of the Municipalities after January 1, 2013 pursuant to the Act respecting any meeting of the Councils of the Municipalities, a local board or a committee of any of them; AND WHEREAS the Independent Investigator has the skills and ability and is interested in acting as the Investigator for the Municipalities on the terms and conditions set out in this Agreement; -3- 2.2.5 Such other information or documentation that the Clerk of the Municipality deems relevant; and 2.2.6 Such other information or documentation that the Independent Investigator may from time to time deem relevant to the investigation. 2.3 Duties of the Independent Investigator shall be: 3.0 Fees 2.3.1 To conduct investigations from time to time as requested by the Municipalities upon receipt of a complaint in respect of meetings or part of meetings that are closed to the public to determine compliance with the Act; 2.3.2 To report in writing on such investigations to the Council of the requesting Municipality; 2.3.3 To proceed without undue delay and with due diligence to investigate a complaint and to consider time to be of the essence with any and all investigations; 2.3.4 To proceed to investigate a complaint independently of the Municipality and impartially; 2.3.5 To hear or obtain information from such persons as the Independent Investigator sees fit; 2.3.6 To preserve the confidentiality of all matters of the investigation that require secrecy save and except disclosure of such matters as in the Independent Investigator's opinion ought to be disclosed in order to establish grounds for report conclusions and/or recommendations; 2.3.7 If at any time during the course of an investigation it appears to the Investigator that there may be sufficient grounds for a report or recommendation that may adversely affect a municipality, a local board or any other individual person, the Investigator shall give him or her an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel; 2.3.8 To include in the written report whether the meeting (or portion thereof) in question was closed to the public contrary to the Act or Municipal Procedure by-law and to make appropriate recommendations to the Municipality in this regard and; 2.3.9 To dismiss a complaint deemed to be vexatious and prepare a report to this effect; and 2.4 Upon receipt by the Municipal Council/Committee/Local Board, the report of the Independent Investigator shall be a public record. 3.1 The Municipalities agree to pay fees and expenses of the Independent Investigator at a rate of $250.00 per hour plus applicable taxes during such time as the Independent Investigator is performing the duties as described in this - 5 - THE CORPORATION OF THE TOWNSIDPOF BLANDFORD-BLENHEIM Mayor Clerk We have authority to bind the Corporation. THE CORPORATION OF THE TOWNSHIP OF EAST ZORRA-TAVISTOCK Mayor Clerk We have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF INGERSOLL Mayor Clerk We have authority to bind the Corporation. -7- THE CORPORATION OF THE TOWNSHIP OF ZORRA Mayor Clerk We have authority to bind the Corporation. Development and Communication Services 2013 DCS 13-01 -Sign Variance -Church of the Living Water -5 Rouse St DATE: January 7, 2013 TO: David Samis, Director of Development and Communication FROM: GenoA. Vanhaelewyn, Chief Building Official SUBJECT: SIGN VARIANCE-5 ROUSE ST RECOMMENDATIONS "Resolve that Council receive report DCS 13-01 and that a variance to Sign By-Law 2976 be granted for the construction of a eight foot, six inch (8 ft 6 in) high ground sign located on the property at 5 Rouse Street." PURPOSE The purpose of this report is to provide Council with an overview of the request for a sign variance for 5 Rouse St. HISTORY & DISCUSSION Building Services received a sign permit application from Jacob Sawatzky a church trustee for the Church of the Living Water located at the above noted address. A review of the application revealed that the proposed sign would not comply with Sign By-Law 2976 and therefore could not be issued. This information was provided to the applicant and subsequently the owner requested that the sign be considered for a variance to the Sign By-Law. A letter from the applicant (Jacob Sawatzky) along with the proposed signage outlining the request has been attached to this report. The owner proposes to construct an eight foot, six inch (8ft. 6 in.) high ground sign on the property at 5 Rouse St to replace the existing ground sign as indicated on the attached drawings. ... RECEIVED BUILDING DEPT. ~1 n 2012 Town ofTillsonburg 10 Lis gar Ave, Tillson burg N4G 5A5 Dec 6, 2012 Jacob Sawatzky Church of Living Water Trustee 54140 Maple Grove Line Eden, On NOJ 1HO Cell Contact: 519-521-4706 Regards: Sign Building Permit to build higher than town Bylaw, To whom it may concern at Town ofTillsonburg; Att: Emily The Church ofLiving Water, on 5 Rouse Street, ofTillsonburg, has submitted an application to your office to erect a sign. Emily from your office has informed us that our height of the sign surpasses Tillsonburg Bylaw. For that reason we are writing this request on a permit which will allows us to build higher than seven feet. Our desire is to go up to 1 02 inches. Reason being: The church lot lies at least five feet below high'~lay level. The sign would be more noticeable if it was closer to highway level. Therefore having the sign higher than seven feet would increase the visibility, which to us as a public place, is key. Thank you for considering this and your valuable time. Sincerely, ~J~ Jacob Sawatzky Trustee Chairman Church of Living Water 1 =I E E T%S)~~~~T 50mmc& A~....., I Yt.t<AI\IUA MUN, 1\10, 1;:)/ ELEV = 230.328 50mm0 PVC SDR 26 WATERMAIN EX. 50mm0 PVC SDR 26 FORCEMAIN I I c 2 w - 1- 1- 1- 1- "' !0 I.,., .,, ... ..!€'.:.. . ........ uo ••••••••• •••••• I I ., "/ ""' . ..,, ..,,. I I OPS12-19 Report-Curbside Christmas Tree Collection DATE: TO: FROM: SUBJECT: November12~, 2012 David Samis, Acting-CAO S.T. Lund, P.Eng., Director of Operations CURBSIDE CHRISTMAS TREE COLLECTION RECOMMENDATIONS Resolve that "Council receives Operations Services Report OPS12-19- Curbside Christmas Tree Collection as information." Further resolve that "Council support the recommendations contained therein." PURPOSE To review costs and service implications of the curbside Christmas tree collection. HISTORY & DISCUSSION Council at their meeting on October 22nd, 2012, requested a staff report on the town curbside Christmas tree collection. Curbside Christmas Tree Collection The town has collected Christmas Trees from the 6800 residences within the municipality for over 35 years. While residents are responsible for delivering trees to their homes the town offers a curbside collection program which occurs in the last two weeks in January of the calendar year. In 2009, The town spent $4,200 on Christmas Tree collection consisting of $2,400 in labour and $1,800 in fleet and advertizing charges. In 2010, the Christmas Tree collection program cost the town $5,000 consisting of $3,000 in labour and $2,000 in fleet and advertizing charges. liPage THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3686 A BY-LAW to authorize the Sale of certain lands to Irene Husted. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.O. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillson burg is desirous of selling certain lands being Part of Block A, Plan M-68, designated as Part 1 on Reference Plan 41R-8862, in the Town of Tillsonburg, County of Oxford. AND WHEREAS The Council of the Corporation of the Town of Tillson burg has determined that the said lands are surplus to the needs of the Corporation and should be sold; AND WHEREAS Irene Husted has made a written offer to purchase these lands at the Purchase Price of $4,316.00 plus HST and disbursements. BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands shown on schedule A attached hereto and described as Part of Block A, Plan M-68, designated as Part 1 on Reference Plan 41R-8862, in the Town of Tillsonburg, County of Oxford, at the purchase price of $4,316.00, plus all applicable taxes, disbursements and legal costs; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillsonburg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRST AND SECOND TIME THIS 14th DAY OF January, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF January, 2013. Mayor -John Lessif Clerk -Donna Wilson \ . I '3' \...0-~ -c!P'!J I r:fP?!O \"~~· ~?-~\) ?-~0\Siv P.I.N. ~ ~ z I 00028 . \...oi oe44 I I I ~~~· I SEE DETAI. • A • - ~'J. c!P'J.& OECK \ L-ll ~ \ \ \ '\ " " ' 1 oi ·<< /"' o.,>. 1~ // 'i. ~ . '!:::SirE'/) I ~ S: ~ ~ ~- 0 \...oi \"~~· J. I !lEQUIRE lHIS P1.N1 TO II£ • ~D UNDEII 1HE LAN1t 1111.£$ . ACT \"~~ 3 ~'J.& ~ '(' ~ kOCKIPLAHI too-ee I ----· ~ I '\0 o?.o6 - PLAN. 41R-~~ RECEI'om Alii D£110511ED . PJ.N. PART(}& g n'l01 I ~I .Q ~ ~ --z-0 '"\7. ~ ,... 'C ~ \"'-.. \ ' \ '=<i .. 9 I THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3688 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Bell Mobility Inc. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into a service agreement with Bell Mobility Inc.; THEREFORE the Council of the Town of Tillsonburg 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 14th DAY OF JANUARY, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF JANUARY, 2013. MAYOR-John Lessif CLERK -Donna Wilson I Bell BELL MOBILITY CORPORATE ACCOUNT AGREEMENT Name of Client: Address for Billing and Notice: Contact Name: Contact Email Address: Initial Term of Agreement ('Initial Term"): Tillsonburg,Town of 200 Broadway Tllsonburg Ontario N4G 5AB David Semis Tel: 519-688-3009 dsamis@tillsonburg.ca Starts: Ends: For good and valuable consideration the Client and Bell Mobility Inc. ("Bell") agree: 1. Services: The Client requests and Bell shall pro.vide the wireless services associated with the rate plan(s) set out In Section 4 (the "Rate Plan(s)"), and/or other services used or requested by the Client or its Users and/or provided by Bell (the "Services"), in connection with each wireless device (including any replacements or upgrades thereto) (a "Device") activated for the Client or Its Users on the Bell network, on the terms and conditions set out in this Agreement including Schedule A. Bell enters Into this Agreement for itself and as agent for: Northern Tel Limited Partnership ("Northern Tel") and Telebec Limited Partnership ('l'elebec") with respect to Devices activated in theirrespectlve territories. The Rate Plan(s) and other services used or requested by the Clelnt do not include any services procured from either MTS Mobility Inc. ("MTS"), Saskatchewan Telecommunications Holding Corporation ("SaskTelj. "Bell Mobility" and ·aeu· as used In this Agreement include MTS, SaskTel, Northern Tel and Telebec (along with Bell, sometimes called "Member Companies"). "User" means each individual user of the Services who is an employee or other authorized representative of the Cllent or Its subsidiaries. "CIIenr includes all or any Users. 2. Fees, Minimum Commitment and Early Tennlnatlon Fee: (a) The Client shall pay the fees and charges referenced in Sections 4 and 5, any Early Termination Fees and late payment charges (collectively, the "Fees") and all applicable taxes, without set-off, in accordance with this Agreement. The Rate Plan(s) are effective on the date set out in Section 4. During the Initial Term Bell may not change the Fixed Fees (defined In Section 4). Otherwise Bell may change or add Fees during the Term by giving the Client at least 30 days advance notice. A User may transfer to a rate plan other than the Rate Plan(s), on payment of applicable change fees, but the User and Client shall not receive the discounts or special pricing offered under this Agreement with respect to that User, Including for any added features and services. (b) During the Term the Client agrees to maintain the minimum number of Devices, set out In Section 6, activated on the Bell network under the Rate Plan(s) ("Activated"). If the minimum number of Devices (I) Is not Activated within the number of days of the Effective Date set out in Section 7 and/or (II) does not remain Activated at all times during the Term, Bell may change or eliminate any special pricing or discounts provided to the Client, and charge the Client the difference between the regular pricing and the special or discounted pricing during the time that the minimum number of Devices was not Activated. A Device activated on the Bell network prior to the Effective Date and not deactivated will be included in the minimum number of Devices once the Rate Plan has been assigned to the Device. (c) The Client or a User may deactivate a Device and terminate the related Services by giving Bell at least 30 days advance notice as set out in Section 9. If the Device is terminated within three years of the date It was first activated, or before the end date of the current term commitment under any User's individual wrttten service agreement if any, whichever is earlier, the Client must pay an early termination fee (the "Early termination Fee" or "ETF") calculated as follows: Maximum ETFs: Maximum ETF for Device provided at pricing based on commttted term of 36 months = $250.00 Maximum ETF for Device provided at pricing based ori committed term of24 months= $300.00 Maximum ETF for Device provided at pricing based on commttted term of 12 months = $350.00 Formula: Take Maximum ETF for the relevant commttted term; multiply by number of remaining months In committed term; divided by the total# of months In the committed term. Example: Device on a 2 year committed term (24 months @$300 maximum ETF) with remaining number of months =10 months. ETF is = $300.00 X 1 0124• $125.00 3. Tenn. After the Initial Term ends, this Agreement will continue In effect on the same terms and conditions on a month-to- month basis untll either party gives the other 30 days advance written notice of termination. The Initial Term and any additional period of time before termination are collectively referred to as the "Term". After the Initial Term Bell may change the Rate Plan(s) and Fixed Fees, and make any other changes to this Agreement or the Services, by giving the Client at least 30 days advance written notice. After this Agreement is terminated no new Devices may be activated hereunder and Sections 2(b), 6 and 7 shall not apply. However, Bell will continue to provide ahd Client will continue to.receive the Services for each existing Device until the Client or a User deactivates a Device and terminates the related Services as set out in Section 2(c), or Bell deactivates a Device and terminates the related Services as set out In Section 20 of Schedule A, and the terms of this Agreement will otherwise continue to apply during such time with respect to such Services and Devices. Bell Mobility Corporate Account Agreement MGS 042010 Page 1 of 12 l $28.80, $60.00 Bell Mobility Corporate Account Agreement MGS 04 2010 0% 0% $28.80 $32.40 $60.00 NJA 0% $32.40 $81MB $6/MB N/A N/A N/A $61MB L Page 3 of 12 I SYStem Access Fee r 911 Service I One-time Activation Fee Email&lntBB 4MB Eniail&lnt BB Bell Mobility Corporate Account Agreement MGS042010 $8.95 $0.75 $35.00 $18.00 0% $18.00 I Included I NIA I I Included I NIA I I Included. I 100% J $121MB $61MB $81MB Page5of 12 CHant Initials 6. Minimum number of Devices: JPWgi 7. Number of days from Effective Date for Adivatlon of minimum number of Devices: .... 90/120] 8. Invoicing: Check below, as applicable. If checked, Client shall IdentifY which Users are to be included on the 'CORP" invoice. 0 CORP Client will receive one monthly invoice for all Users (or identlfied Users, as applicable) addressed to the address and contact set out above. 0 I NOV Invoices will be sent to each User at the address and contact name provided by each User. 9. To Contact Bell: Additional contact information rna be Included on Invoice. By signing below, the Client: • Acknowledges that it has read, understands and ogrees with all the terms and conditions In this Agreement, Including the limitation of Bell's liability, Client's joint and several liability with Users, and other terms and conditions set out In Schedule A; • Consents to the collection and exchange of information, including credit infonnatton, that Bell may require from time to time, Including the verification of the infonnatlon provided herein; and • Agrees to the application of the Early Termination Fees as described above. Bell Mobility Inc. Name of Authorized Sales (Dealer) (if applicable) Authorized Signature Authorized Signature of Dealer Namelllll!lll Name IIIII Title IIIII Td:le!lllli Date Signed By Customer Ia This Agreement Is binding only once signed by Bell Mobility Inc. Bell Mobility Corporate Account Agreement MGS 04 2010 Agent Client Name: Authorized Signature of Client Namellilllll Title~~~~! Client to Initial each following page Page 7 of 12 7. Client's telephone number and Identifiers. Client does not own the telephone number or other Identifiers that Bell has provided or assigned to Client and Bell reserves the right to change any of them If required. Bell will notify Client In advance, and Bell will not be liable for any costs, damages or losses associated with, this change. Client's telephone number may be automatically transmitted to the person Client calls, other carriers, or to Bell. Client may permanently block the display by telling Bell whe!l Client activates service, or on a per call basis at any time by dialling *67 before Client dials the desired phone number. If Client chooses to permanently block the display, Client can unblock the display by dialling •52 before dialling the desired phone number .. 8. Transferring Number to Bell: If Client requests to trar:tsfer a phone number that Is currently assigned to Client from its existing service provider to Bell, Bell shall make the "transfer-in" request to Client's existing service provider on Client's behalf provided that Client has the right to make the request. Client represents and warrants that it has the right to make the request and authorizes Bell to make the transfer-In request to the other service provider on Cllenrs behalf and to share Clienrs name, telephone number, address and other personal Information relevant to the transfer request with the other service provider. Client agrees to complete and sign a request form If necessary. Client cannot transfer the services of the other service provider, including any features, applications or content, IP address, or any device to Bell. Client is responsible to pay all amounts owing on its account with· the other service provider, Including early termination charges if applicable. 9. Transferring Number to Another Service Provider: Provided that Clienfs assigned account and phone number are active, then, in connection with the termination of services with respect to a Device, Bell shall forthwith process a ''transfer-out" request for the wireless phone number assigned to Client that Is made on Client's behalf by, and received by Bell from, Cllerifs new chosen service provider. Any Early Termination Fee applicable to the termination of the Services will apply. Client shall pay the monthly charges applicable for the 30 days after the transfer is requested, In lieu of the 30 days advance notice required under Section 2(c) of the main part of the Agreement. Client cannot transfer the Services, Including any features, applications or content, IP address, or any Device to Client's new service provider. Bell may be required to contact Client In connection with a transfer-out request for the purposes of making any adjustments to Client's rate plan, account, Invoicing or services that are required as a re&ult of the transfer-out request or termination of the Services, and Client consents to such contact. Bell is not responsible for any interruption, disruption or disconnection of services associated with the telephone number which Is the subject of a transfer request. 10. Warranty and Retum Polley. The performance, quality, or suitability of the Device and any accessories or other equipment provided to Client In connection with the Services are subject to the manufacturers' warranties and the specifications of Bell for the Device and such equipment, and any extended warranty that Client may have purchased. Any extended warranty claims must be made In accordance with the terms of the actual warranty purchased. From tlrne to time Bell may make available special offers to upgrade Devices. Such offers may be changed, cancelled or withdrawn at any time without notice. Bell Mobility Corporate Account Agreement 092008 BELL DOES NOT WARRANT OR GUARANTEE THAT THE DEVICE, EQUIPMENT OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT FAILURE OR INTERRUPTION. BELL DOES NOT WARRANT OR GUARANTEE THE PRIVACY OR SECURITY OF ANY COMMUNICATIONS WHILE CLIENT IS USING THE SERVICES, EQUIPMENT OR THE DEVICE. BELL DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR RELIABILITY OR AVAILABILITY OF THE SERVICE. 11. Updates. To ensure continuity of the Services, the integrity· of Bell's network, for proper maintenance of the Devlee and the Services, or to comply ~th manufacturers' warranties, Bell may update the software, features ahd settings on Cllenrs Device. Client agrees to and shall permit Bell to make such upgrades and changes as necessary without notice. 12. Pre-Authorized Payment. Client expressly authorizes Bell to charge Client's credit card or other p~ authorized payment vehicle fhe amount of any charges due under Ciienrs account If (a) Cllent has requested pre- authorized payment via credit card or other pre-authorized payment vehicle, (b) such charges are outstanding or (c) the Services are terminated for a Device. This will constitute Belrs sufficient authority for doing so. Client promiseS that the credit card for which Client has provided information to Bell is in Client's name, Is valid and has not expired. Client promises to promptly advise Bell if Client's credit card information changes due to Its loss, theft, cancellation or expiry. 13. Credit and Spending Limil At its discretion, Bell may,· but is not required to, impose a credit and spending limit on Cllenrs or any User's account at any time. The Services may be suspended at any time If Clienfs balance, including unbilled usag,e and pending charges and adjustments, exceeds this limit. Notwithstanding such limit or suspension, Client is obligated to pay Bell any amou·nts owing in excess of such limit. Bell may also change Client's limit at any time. Bell wlll give Client prior notice if Bell imposes or changes a credit and spending limit. If Bell suspends the Services, Client must pay down Its account to an amount below Client's limit before Bell will re-start Client's Service. Bell may charge an administrative fee to re-start Cllenfs Service. This credit and spending limit may be imposed, in Bell's discretion, as an alternative to any required security deposit. 14. Security deposits. Should Client's credit rating or usage charges warrant at any time, Bell may require a refundable security deposit from Client. After 6 months of timely and consistent payments of Client's account In full, Client's security deposit will be, at Bell's option, either (a) returned to Client, or (b) applied to Client's account, In either case without Interest. Bell may set off against the security deposit, if any, outstanding amounts, fees and charges owed by Client to Bell. 15. Payments. Clienfs monthly bill Is payable upon the date of the invoice and If payment Is not received by Bell within 30 days of that date Client wlll be charged Interest on the balance owing at the rate of two percent per month (or 26.82% per year) (or such other rate as Bell notifies Client In writing), calculated from the date of the invoice. Client must allow adequate time for payment processing and receipt by Bell. Bell reserves the right to require immediate payment In Page9 of 12 MAY BE ILLEGAL, DANGEROUS, DEFAMATORY, OFFENSIVE OR ANNOYING OR WHICH MAY INFRINGE UPON OTHERS' INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS, OR ANY CONTENT, APPLICATION OR SERVICES PROVIDED TO CLIENT BY A THIRD PARTY FOR USE WITH THE DEVICE OR THE SERVICES, EVEN IF BELL BILLS CLIENT FOR SUCH CONTENT, APPLICATION OR SERVICES ON BEHALF OF SUCH THIRD PARTY; (IV) ANY BREACH BY CLIENT OF THE AGREEMENT, CLIENrs NEGLIGENCE, OR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICES, OR THE DEVICE; M LOSS, THEFT, DAMAGE TO OR UNAUTHORIZED USE OF THE SERVICES, THE DEVICE, ANY EQUIPMENT, ANY BELL PREPAID CARDS, VOUCHERS, COLLATERAL, ELECTRONIC RECEIPTS OR THE 2 DIGIT PERSONAL IDENTIFICATION NUMBER; AND (VI) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES (INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR· ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF BELL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT FOR A VIOLATION BY BELL OF SECTION 3 OF THIS SCHEDULE A, OR FOR PHYSICAL INJURIES OR DEATH, OR DAMAGE TO PROPERTY CAUSED BY BELL'S GROSS NEGLIGENCE, FOR WHICH, IN EACH CASE, BELL'S LIABILITY SHALL NOT BE LIMITED, BELL'S TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR LOSSES (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES, IF ANY, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF BELL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS AND CREDITS) PAID BY THE CLIENT FOR THE SPECIFIC SERVICE(S) THAT GAVE RISE TO THE DAMAGES, DURING THE ONE-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID FOR PREVIOUS CLAIMS, IF ANY. THIS SECTION SHALL APPLY EVEN IF THERE IS A BREACH OF CONDmON, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT. CLIENT AGREES THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT BELL WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE CLIENT'S AGREEMENT TO LIMIT BELL'S LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR IN THIS SECTION. Bell Mobility Corporate Account Agreement 09 2008 The following applies when Bell provides e9-1-1 Services. (A) Bell's liability Is not linlted by the Imitations set out below In cases of Bell's deliberate fault, gross negligence or anti-competitive conduct or in cases of breach of contract where the breach results from Bell's gross negligence. (B) Except In cases where Bell's negligence results in physical injury, death or damage to Client's property or premises, Bell's liability for negligence related to Bell's provision of e9- 1-1 Services isllmlled to the greater of $20 and lhree times the amount Client would otherwise be entitled to receive as a refund for the provision of defective service under this Agreement (C) In addllion, in respect of Bell's provision of e9-1-1 Services, Bell Is not liable for: (i) libel, slander, defamation or the Infringement of copyright arising from material or messages transmitted over Bell's telecommunications network from Client's property or premises or recorded by the Device or Client's or Bell's equipment; 01) damages aiising out of Client's acts, default, neglect or omission In the use or operation of the Device or equipment Bell has provided to Client; and (iii) any act, omission or negligence of other ctimpanies or telecommunications systems when facilities of such other companies or telecommunications systems are used in establishing connections to or from Cllenrs facilities and Devlce and equipment 22. Notices. Bell may use a-mall, text messages, telemarketing, phone, bill messages, direct mail, voice mail or any other method which provides reasonable notice to Client, to send Client notices and changes under this Agreement and to infonn Client about products and services from Bell and the Bell Companies that Bell thinks will interest Client. Client agrees to give Bell prompt notice of any change of name, address, email address or telephone number. All client service requests should be directed to the Client Service Department at the telephone numbers or addresses listed In Section 9 of this Agreement. All notices of legal proceedings or legal demand letters must be provided to Bell Mobility, Law Dept., 5099 Creekbank Road, Mlssissauga, Ontario, L4W 5N2. 23. Force Majeure. If there Is a default or delay In a party's performance of Its obligations under this Agreement (except for the obligation to pay Fees), and the default or delay is caused by circumstances beyond the reasonable control of that party including fire, flood, earthquake, elements of nature, pandemics, acts of God, explosion, power failure, war, terrorism, revolution, cMI commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or Its representative or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then that party shall not be liable for that default or delay, and shall be excused from further perfonnance of the affected obligations on a day-by-day basis, if that party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its perfonnance. 24. General. The Client acknowledges that there are no other tenns and conditions to this Agreement or subject matter contained herein, except as expressly contained or referenced herein. This Agreement constitutes the entire agreement and understanding between Bell and the Client with respect to the subject matter contained herein. ·All prior or contemporaneous written or oral agreements, representations, warranties, statements or understandings by and between t11e parties, whether express or Implied, with respect to the subject matter contained herein, are superseded by the terms hereof. This Agreement may not be modified by any sales representative, agent or Bell Page 11 of 12 THE TOWN OF TILLSONBURG BY-LAW#3691 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY FOR THE YEAR 2013 WHEREAS section 317 of the Municipal Act, 2001, S.O. 2001, CHAPTER 25, provides that the council of a local municipality, before the adoption of estimates for the year under section 290, may pass a by-law levying amounts on the assessment of property in the local municipality ratable for local municipal purposes; AND WHEREAS the Council of this municipality deems it appropriate to provide for such interim levy on the assessment of property in this municipality; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. The amounts levied shall be as follows: A. The amount levied on a property shall not exceed the prescribed percentage or 50 per cent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. B. The percentage under paragraph "A" may be different for different property classes but shall be the same for all properties in a property class. C. For the purposes of calculating the total amount of taxes for the year 2012 under paragraph "A", if any taxes for municipal and school purposes were levied on a property for only part of the year 2012 because assessment was added to the tax roll during 20 12, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year. 2. The provisions of this by-law apply in the event that assessment is first added to the Collector's roll for the year 2013 and an interim levy shall be imposed at the prescribed percentage or 50 per cent if no percentage is prescribed, ofthe total tax rates levied for that class in the previous year. 3. All taxes levied under this by-law shall be payable into the hands of the Collector in accordance with the provisions of this by-law. 4. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one-quarter percent (1 Y.%) of the amount in default on the first day of default and on the first day of each calendar month during which the default continues, but not after the end of2013. 5. The interim tax levy imposed by this by-law shall be payable in two (2) installments due on the following dates: First Installment: The 2th day of February, 2013 Second Installment: The 241h day of May, 2013 6. The Collector may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law, a notice specifYing the amount of taxes payable. 7. The notice to be mailed under this by-law shall contain the particulars provided for in this by-law and the information required to be entered in the Collector's roll under section 343 of the Municipal Act, 2001. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3692 A BY-LAW to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Her Majesty the Queen in Right of Canada. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into a contribution agreement with Her Majesty the Queen in Right of Canada regarding the Community Infrastructure Improvement Fund (CIIF); THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis 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 14th DAY OF JANUARY, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF JANUARY, 2013. MAYOR-John Lessif CLERK-Donna Wilson Recipient Name: Town ofTillsonburg Project No: C0644 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND CONTRIBUTION AGREEMENT This Contribution Agreement is made as of _____ _ BETWEEN: AND: HER MAJESTY THE QUEEN IN RIGHT OF CANADA ("Her Majesty") hereby represented by the Minister responsible for Federal Economic Development Agency for Southern Ontario Town of Tillsonburg ("Recipient") a local government established under the laws of Ontario WHEREAS the Federal Economic Development Agency for Southern Ontario ("Agency") was created to help make Canadians more productive and competitive in the knowledge- based economy, by supporting economic development, economic diversification, job creation, and sustainable, self-reliant communities in Southern Ontario; WHEREAS in its 2012 Budget, the Government of Canada allocated $150 million to the newly created Community Infrastructure Improvement Fund ("CIIF") to rehabilitate and improve, and expand, existing community infrastructure facilities; and WHEREAS the Minister has agreed to make a non-repayable contribution to the Recipient up to the maximum amount of fifty-six thousand, two hundred and fifty dollars ($56,250) in support of the Recipient's Eligible Costs (as defined herein) of the Project (as defined herein), NOW THERETOFORE, in accordance with the mutual covenants and agreements herein, Her Majesty and the Recipient agree as follows: 1. Purpose of the Agreement The purpose of this Agreement is to set out the terms and conditions under which the Minister will provide CIIF (as defined herein) funding in support of the Project (as defined herein). 2. Interpretation 2.1 Definitions. In this Agreement, a capitalized term has the meaning given to it in this section, unless the context indicates otherwise: Page I of36 Recipient Name: Town ofTillsonburg Project No: C0644 Project means the project described in Annex 1-Statement of Work. Project Costs means the total costs of the Project as set out in Annex 1 -Statement of Work. Statement of Total Government Assistance means the report described in Paragraph 6.4(a)(iv) hereof. "Substantially Completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2( 1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. 2.2 Singular/Plural. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural. 2.3 Entire Agreement. This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject matter of this Agreement has legal effect. No representation or warranty, whether express, implied or otherwise, has been made by the Minister to the Recipient, except as expressly set out in this Agreement. 2.4 Inconsistency. In case of inconsistency or conflict between a provision contained in the part of the Agreement preceding the signatures and a provision contained in any of the Annexes to this Agreement, the provision contained in the part of the Agreement preceding the signatures will prevail. 2.5 Annexes. This Agreement contains the following Annexes as described below, which form an integral part of this Agreement: Annex 1 -Statement of Work: this annex is a comprehensive description of the Project, including without limitation, the scope of work, cost breakdown, location of Project and sources of funding. Annex 2-Environmental Mitigation Measures: this annex summarizes the current status of the Project under the Canadian Environmental Assessment Act, 2012 and, if necessary, the mitigation measures identified for the Project which the Recipient will have to implement, as a condition of the Contribution. Annex 3 -Costing Guideline Memorandum: this annex describes the rules for eligibility for certain costs. Annex 4 -Direct Deposit Authorization Annex 5 -Progress Report: this annex contains substantially the form to be used in order to prepare the progress report. Page 3 of36 Recipient Name: Town ofTillsonburg Project No: C0644 4.1 Subject to the terms and conditions of this Agreement, the Minister will make a non- repayable contribution to the Recipient in respect of the Project in an amount not exceeding the lesser of(a) and (b) as follows: (a) maximum 50.0% of total Eligible Costs of the Project incurred and paid by the Recipient; and (b) $56,250 4.2 The payment of the Contribution per Fiscal Year is estimated at amounts as detailed in Annex 1-Statement ofWork. 4.3 The Minister shall not contribute to any Eligible Costs incurred pnor to the Eligibility Date or later than the Program Completion Date. 4.4 The Minister shall not contribute to any Eligible Costs incurred by the Recipient which could cause the Contribution, noted in Subsection 4.1 herein to be exceeded. 4.5 The Recipient agrees that it shall contribute no less than fifty percent (50%) to the Eligible Costs of the Project. 4.6 The Recipient shall use the Contribution solely and exclusively to support the Eligible Costs of the Project, as detailed in Annex 1-Statement of Work and in Annex 3 -Costing Guideline Memorandum and shall carry out the Project in a diligent and professional manner, using qualified personnel and in accordance with the Project description in Annex 1-Statement ofWork. 4. 7 The Recipient shall be responsible for all costs of the Project, including cost overruns, if any. 4.8 Holdbacks. Notwithstanding any other provisions of this Agreement, the Minister will, at the Minister's sole discretion, withhold up to ten percent (10%) of the Contribution amount until: (a) the Project is Substantially Completed; (b) the Recipient has satisfied all the conditions of this Agreement; (c) the Final Review Form described in Subsection 6.4(a)(ii) has been submitted to the satisfaction of the Minister; (d) audits and site visits, where required by the Minister, have been completed to the satisfaction of the Minister; and (e) the Minister has approved the final claim described in Subsection 6.4. Page 5 of36 Recipient Name: Town ofTillsonburg Project No: C0644 6.3 Advance Payments. (a) Initial Advance. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need for an advance against the Eligible Costs payable under this Agreement, the Minister may, at his sole discretion, pay to the Recipient an initial advance for Eligible Costs on the portion of the Contribution allocated to the Fiscal Year to which the advance request pertains, subject to the following: i) The Recipient submits to the Minister's satisfaction, a forecast of cash flow requirements to be incurred during the initial advance period along with any documentation that the Minister may reasonably request. ii) The Recipient shall account by way of claim, to the satisfaction of the Minister, for the use of any advances. (b) Subsequent Advances. Where the Minister is satisfied and has determined that the Recipient's cash flow requirements justify the need, the Minister may, at his sole discretion, make additional advances for Eligible Costs, subject to the following: (i) The Recipient follows the requirements outlined under (a)i) and (a)ii) above with respect to any subsequent advance; and (ii) The Recipient submits the advance request at least six (6) weeks prior to the start of the advance period to which the advance request pertains. (c) If the amount of the advance exceeds the amount of Eligible Costs incurred during the previous advance period, the Minister may deduct the excess amount and any interest earned by such excess from any other payment under this Agreement. 6.4 Final Claim Procedures. (a) The Recipient shall submit a final claim pertaining to the fmal reimbursement of any Eligible Costs previously claimed or not, signed by a director or officer of the Recipient and accompanied by the following, in addition to the requirements set out in Subsection 6.2, in a form satisfactory to the Minister in scope and detail: (i) a confirmation that it is the final claim for payment and as such, it includes all final Eligible Costs submitted for payment; (ii) a Final Review Form on the Project; Page 7 of36 Recipient Name: Town ofTillsonburg Project No: C0644 6. 7 If the Recipient earns any interest as a consequence of any advance payment of the Contribution or earns any revenue as a result of the Project, the Minister may in his absolute discretion reduce the Contribution by all or by such portion of the revenue (including the interest) as he deems appropriate. 7. Monitoring, Audit and Evaluation 7.1 Final Review Form and Final Report. In accordance with Subsection 6.4, the Recipient shall submit to the Minister a Final Review Form, substantially in the form of Annex 6-Final Review Form and a Final Report, substantially in the form of Annex 7 -Final Report, satisfactory to the Minister in scope and detail, in order to allow the Minister to assess the outcome and costs of the Project. 7.2 Upon request of the Minister and at no cost to him, the Recipient shall promptly elaborate upon any report submitted or provide such additional information as may be requested. 7.3 The Recipient shall at its own expense: (a) preserve and make available for audit and examination by the Minister, proper books, accounts and records of the Project Costs, wherever such books, and records may be located, and permit the Minister to conduct such independent audits and evaluations as the Minister in his discretion may require; (b) upon reasonable notice and after consultation with the Recipient, permit the Minister, reasonable access to the Project site and/or the Recipient's premises and documents in order to inspect and assess the progress and results of the Project; (c) supply promptly, on request, such other data in respect of the Project and its results, as the Minister may require for purposes of this Agreement and for statistical and/or evaluation purposes. 7.4 The Minister shall have the right, at his own expense, and as and when he determines necessary, to perform audits of the Project Costs and the Recipient's books, accounts, records, financial statements and claims for reimbursement of Eligible Costs, and the Recipient's administrative, financial and claim certification processes and procedures, for the purposes of verifying the costs of the Project, validating claims for reimbursement of Eligible Costs, ensuring compliance with the terms of this Agreement, and confirming amounts repayable to Her Majesty under the provisions of this Agreement. 7.5 Any audits performed hereunder will be carried out by auditors selected by the Minister, which may include any of the following: Agency officials, an independent auditing firm, and/or the Recipient's external auditors. The Minister will provide the Page 9 of36 Recipient Name: Town ofTillsonburg Project No: C0644 to the Project would maintain, and will maintain such for the duration of the Agreement and the Control Period. (d) the signatory(ies) to this Agreement, on behalf of the Recipient, has( ve) been duly authorized to execute and deliver this Agreement; (e) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms, subject as to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree, ordering specific performance or other equitable remedies; (f) the execution and delivery of this Agreement and the performance by the Recipient of its obligations hereunder will not, with or without the giving of notice or the passage of time or both: (i) violate the provisions of the Recipient's by-laws, any other corporate governance document subscribed to by the Recipient or any resolution of the Recipient; (ii) violate any judgment, decree, order or award of any court, government agency, regulatory authority or arbitrator; or (iii) conflict with or result in the breach or termination of any material term or provision of, or constitute a default under, or cause any acceleration under, any license, permit, concession, franchise, indenture, mortgage, lease, equipment lease, contract, permit, deed of trust or any other instrument or agreement by which it is bound. (g) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency, which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement; (h) it has obtained or will obtain all necessary licences and permits in relation to the Project, which satisfy the requirements of all regulating bodies of appropriate jurisdiction; and (i) all information provided during the CIIF application process remains true, correct and complete in every respect except as set out to the contrary herein. 8.2 The Recipient covenants and agrees that : (a) it shall obtain the prior written consent of the Minister before making any change to any aspect of the Project or to the management of the Project or Recipient. Page II of36 Recipient Name: Town ofTillsonburg Project No: C0644 Minister and produced and installed at the Recipient's expense, communicating the nature of the funded activities and/or the involvement of the Minister; and (f) Include the appropriate "Government of Canada" wordmark, Economic Action Plan logo, and/or Agency signature in all publications and advertising describing or promoting the products and services funded in whole or in part by this Agreement, including, but not limited to, electronic media (web, television, video), and print media (signs, print advertising, brochures, magazines, maps, posters). The Recipient will consult with the Minister in preparing the content and look of all such material, which must be approved in advance. The Recipient will provide the Agency with no less than ten (10) business days for the approval of all materials prior to its release. The Minister may, by notice in writing given to the Recipient, require that recognition of the support provided by the Minister not be made in any public communication of the Recipient. 10. Official Languages Where the Recipient communicates with members of the public regarding Project activities supported by the Contribution, and/or where the Recipient provides services supported by the Contribution to members of the public, the Recipient shall: (a) make available in both official languages any notice, advertisement, announcement, document or publication for the information primarily of members ofthe public; (b) actively offer and provide in both official languages any services to be provided or made available to members of the public; (c) encourage members of both official language communities to participate in its activities; and (d) organize activities when appropriate to meet the needs of members of both official language communities. 11. Environmental and Other Requirements 11.1 The Recipient represents that the Project is not a "designated project" as defined in the Canadian Environmental Assessment Act, 2012 ("CEAA") and is not being carried out on "federal lands" as defined in the CEAA. Page 13 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Agreement by the Recipient, its officers, employees and agents, or by a third party or its officers, employees, or agents; (c) the design, construction, operation, maintenance and repair of any part of the Project or, (d) any omission or other wilful or negligent act or delay of the Recipient or a third party and their respective employees, officers, or agents, except to the extent to which such claims and demands, losses, costs, damages, actions, suits, or other proceedings relate to the negligent act or omission of an officer, official, employee, or agent of Her Majesty, in the performance of his or her duties. 12.2 The Minister shall have no liability under this Agreement, except for payments of the Contribution, in accordance with and subject to the provisions of this Agreement. Without limiting the generality of the foregoing, the Minister shall not be liable for any direct, indirect, special or consequential damages, or damages for loss of revenues or profits of the Recipient. 12.3 Her Majesty, her agents, employees and servants will not be held liable in the event the Recipient enters into a loan, a capital or operating lease or other long-term obligation in relation to the Project for which the Contribution is provided. 13. Default and Remedies 13 .1 Event of Default. The Minister may declare that an Event of Default has occurred if: (a) the Recipient has failed or neglected to pay Her Majesty any amount due in accordance with this Agreement; (b) the Recipient fails to proceed diligently with the Project, or abandons the Project in whole or in part, or the Project is not Substantially Completed by the Program Completion Date; (c) the Recipient makes a materially false or misleading statement concerning support by the Minister in any internal and/or public communication, other than in good faith; (d) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute, from time to time in force, relating to bankrupt or insolvent debtors; (e) an order is made or the Recipient has passed a resolution for the winding up or liquidation of the Recipient, or the Recipient is dissolved; Page 15 of36 Recipient Name: Town ofTillsonburg Project No: C0644 13.4 The Recipient acknowledges the policy objectives served by the Minister's agreement to make the Contribution, that the Contribution comes from the public monies, and that the amount of damages sustained by Her Majesty in an Event of Default is difficult to ascertain and therefore, that it is fair and reasonable that the Minister be entitled to exercise any or all of the remedies, provided for in this Agreement and to do so in the manner provided for in this Agreement, if an Event of Default occurs. 14. Project Assets 14.1 The Recipient shall retain title to, and ownership of any assets, the cost of which has been contributed to by the Minister under this Agreement and shall not sell, assign, transfer, encumber, pledge, grant a security interest or otherwise dispose of same, for a minimum of six ( 6) years after the expiry or termination of this Agreement without the prior written consent of the Minister. As a condition of such consent, the Minister may require the Recipient to repay Her Majesty the whole or any part of the Contribution paid to the Recipient hereunder in the following proportions: Where Project asset is sold, transferred, Repayment of Contribution assigned, pledged, leased, encumbered or (in current dollars) disposed of: Within 2 Years after Substantial Completion 100% Between 2 and 6 Years after Substantial 55% Completion 6 Years after Substantial Completion 0% 14.2 At any time during the six (6) years following the date the Project is Substantially Completed, the Recipient agrees to notify the Minister in writing of any transaction triggering the above-mentioned repayments, at least ninety (90) days in advance. 15. Miscellaneous 15.1 The Recipient represents and warrants that no member of the House of Commons or Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit arising from it, that are not otherwise available to the general public. 15.2 The Recipient confirms that no current or former public servant or public office holder, to whom the Values and Ethics Code for the Public Service, the Values and Ethics Code for the Public Sector, the Policy on Coriflict of Interest and Post- Employment or the Coriflict of Interest Act applies, shall derive direct benefit from the Agreement, including any employment, payments or gifts, unless the provision or receipt of such benefits is in compliance with such codes and the legislation. Where the Recipient employs or has a major shareholder, who is either a current or former (in the last twelve (12) months) public office holder or public servant in the federal Page 17 of36 Recipient Name: Town ofTillsonburg Project No: C0644 and the Recipient shall declare to the Minister all amounts outstanding in that regard, when making any claim under this Agreement. 16.4 No Assignment of Agreement. Neither this Agreement nor any part thereof shall be assigned by the Recipient, without the prior written consent of the Minister. 16.5 Annual Appropriation. Payment by the Minister of amounts due under this Agreement shall be conditional on there being a legislated appropriation for the Fiscal Year in which the payment is to be made. The Minister shall have the right to terminate or reduce the Contribution, in the event that the amount of the appropriation is reduced or denied by Parliament. In the event that any portion of the Contribution has been paid to the Recipient and the legislated appropriation for the Fiscal Year in which such payment is made is not obtained, the Minister shall have the right to recover the amount so paid from the Recipient. 16.6 Successors and Assigns. This Agreement is binding upon the Recipient, its successors and permitted assigns. 16.7 Confidentiality. Subject to the Access to Information Act (Canada), the Privacy Act, the Library and Archives Act of Canada and Section 9.0 of this Agreement, the Parties shall keep confidential and shall not disclose the contents of this Agreement or the transactions contemplated hereby, without the consent of all Parties. 16.8 Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 16.9 Dispute Resolution. If a dispute arises concerning the application or interpretation of this Agreement, the Parties shall attempt to resolve the matter through good faith negotiation, and may, if necessary and the Parties consent in writing, resolve the matter through mediation or by arbitration, by a mutually acceptable mediator or arbitrator in accordance with the Commercial Arbitration Code set out in the schedule to the Commercial Arbitration Act (Canada), and all regulations made pursuant to that Act. 16.10 No Amendment. No amendment to this Agreement shall be effective unless it is made in writing and signed by the Parties hereto. 16.11 No Agency. No provision of this Agreement or action by the Parties will establish or be deemed to establish any partnership, joint venture, principal-agent or employer- employee relationship in any way, or for any purpose, between Her Majesty and the Recipient, or between Her Majesty and a third party. The Recipient is not in any way authorized to make a promise, agreement or contract and to incur any liability on behalf of Her Majesty, nor shall the Recipient make a promise, agreement or contract and incur any liability on behalf of Her Majesty, and shall be solely responsible for any and all payments and deductions, required by the applicable laws. Page 19 of36 Recipient Name: Town ofTillsonburg Federal Economic Development Agency for Southern Ontario 151 Y onge Street, 3rd Floor Toronto, ON M5C 2W7 Attention: Community Infrastructure Improvement Fund or to such other address, as is designated by the Agency in writing. 17.3 Any notice or correspondence to the Recipient shall be addressed to: 200 Broadway Tillsonburg, ON N4G 5A 7 Project No: C0644 17.4 Each of the Parties may change the address, which they have stipulated in this Agreement by notifying in writing the other party of the new address, and such change shall be deemed to take effect fifteen ( 15) calendar days after receipt of such notice. 18. Special Conditions 18.1 As a condition precedent to initial disbursement, the Recipient agrees to provide the Minister an officer's certificate executed by an officer of the Recipient in the form prescribed by the Minister which includes certified copies of the Recipient's constating documents, by-laws and the resolution authorising the entering into of this Agreement. Page 21 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 1 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND STATEMENT OF WORK Recipient: Town of Tillson burg Project Title: Revitalization of Lake Lis gar Project Location: 40 Concession Street East; Lake Lisgar, Tillsonburg N4G 3Y9 PROJECT DESCRIPTION: Upgrade and improve Gibson House and Lake Lisgar for recreational purposes. The works will include: • New energy-efficient lighting and windows; • Repair ofbuilding foundation; • Parking lot safety and accessibility improvements; • Infrastructure repair of part of the Trans Canada Trail; • Extension of public lake walkway; • Wheelchair accessibility and safety improvements to public scenic landings; • Provision of safe lake access and landings; • Upgrade booms and netting. Estimated date of commencement: 2013-04-01 Estimated date of Substantial Completion: 2014-03-31 FEDERAL CONTRIBUTION BY FISCAL YEAR 2012/2013 2013/2014 Total $0 $56,250 $56,250 Page 23 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 2 CO~UNITYINFRASTRUCTUREIMPROVEMENTFUND ENVIRONMENTAL MITIGATION MEASURES Recipient: Town of Tillsonburg Project Number: C0644 Project Location: 40 Concession Street East; Lake Lisgar Tillsonburg, N4G 3Y9 Not applicable. Page25 of36 Recipient Name: Town ofTillsonburg Project No: C0644 e) other costs that are considered to be direct and necessary for the successful implementation of the Project and that have been approved in advance, and in writing, by the Minister; and f) for Local Governments and First Nations government, incremental costs listed in Subsection 2.1 below. 2.1 Employee, Material and Equipment costs While these costs are not normally eligible for reimbursement, the incremental costs of the Recipient's employees, materials or equipment may be included in its Eligible Costs under the following conditions: a) the Recipient is a Local Government or a First Nation's government; and b) the Recipient satisfies the Minister that it is not economically feasible to tender a contract; and c) employees, material or equipment are employed directly in respect of the work that would have been the subject of the contract; and d) costs are approved in advance and in writing by the Minister, and are included in Annex 1 -Statement of Work. 2.2 Communications a) For the purposes of events, Eligible Costs include the following: • Printing and mailing invitations • Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks • Project material for display and/or media kit • Signage • Rentals such as: flagpoles, stage, chairs, podium, P A system b) For the purposes ofProject signage, Eligible Costs include reasonable costs incurred to produce a small, medium or large interior/exterior sign. 3.0 Ineligible Costs Costs related to the following items are ineligible costs: a) Project Costs incurred before the Eligibility Date and after Program Completion Date; b) services or works that, in the opinion of Canada, are normally provided by the Recipient or a related party; c) salaries and other employment benefits of any employees of the Recipient except as indicated in Subsection 2.1 above; Page 27 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex4 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND DIRECT DEPOSIT AUTHORIZATION 1+1 Federal Econom~c Dewlopment Agence federate de dewloppement Agency for Southern Ontario 6conomique pour le Sud de !'Ontario Canailli Recipient Name: FEDDEV Project Number: Direct Deposit: Progress and final disbursements of assistance can be deposited directly in below-mentioned bank account. Do you wish to take advantage of this service? No Yes If yes, please provide an Accounts Receivable: Contact name: Telephone Number: Email Address: Name of Account Holder(s) (If different from above) Please attach a voided cheque. If you are not providing a voided cheque, please have the following completed and confirmed by your financial institution: Branch No.: Institution No.: --------------- Account No.: Name(s) of Account Holder(s): Financial Institution: Address: Telephone No.: If 1/we have checked YES for the Direct Deposit Service, 1/we hereby authorize the Federal Economic Development Agency for Southern Ontario to credit the bank account identified above. RECIPIENT Signature of Authorized Signing Officer(s) Date Page 29 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 6 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Final Review Form Final submission for the Project must include this form as well as a copy of the Community Infrastructure Improvement Fund (CIIF) Final Report and the Statement of Total Government Assistance. Recipient Name: ______________ _ Project Number: ___ _ Please complete all sections. A. Project Summary 1. The Project was Substantially Completed on ____________ _ (Date) 2. Has your CIIF Project experienced any variances either in project scope, budget or schedule? Yes No ----If Yes, please provide details: 3. Have all costs claimed been paid to the suppliers? Yes No __ _ If no, please provide details: 4. Have all costs been claimed at actual arm's length cost or at fair market value, net of any refunds or other consideration provided by any supplier? Yes No ---- 5. Are there any present or potential liens or claims known to you, which could put the ownership of Project assets at risk? Yes No ----- If yes, who is this party? _____________________ _ Page 31 of36 Recipient Name: Town ofTillsonburg Project No: C0644 C. Communication Requirements Please confirm that the signage requirements have been met: D Appropriate Sign installed D. Project Certification I, of the Recipient, certify that I have examined the Community Infrastructure Improvement Fund Contribution Agreement for the above Project and that the above responses are true and correct. Name: Date Title: Ensure the following documents are included with this report: Final Report Statement of Total Government Assistance Page 33 of36 Recipient Name: Town ofTillsonburg Project No: C0644 Annex 8 COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND Statement of Total Government Assistance Recipient File Number Approved Eligible Costs Funding Sources Federal ( CIIF) Recipient Other Sources of Funds/Revenue TOTAL Amount $ $ $ $ $ $ $ I hereby certify that the above summary of eligible costs includes only costs paid and properly chargeable to CIIF; the amounts listed in "Other Sources of Funds I Revenue" represents all provincial and federal funding (with exception of the CIIF funding) and any contribution from developers or other sources received or receivable, applicable to the above project. Name, Title: Signature: Date: Page 35 of36 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3694 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'R1A-14-H', 'R1A-H' and 'R2-9-H' the zone symbols of the lands so designated 'R1A-14-H', 'R1A-H', and 'R2-9-H' on Schedule "A" attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "6.5.14 LOCATION: SOUTH SIDE OF COLIN AVENUE (LOT 36) R1A-14 6.5.14.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.14.1.1 EXTERIOR SIDE YARD Minimum width 4.5 m (14.76 ft) 6.5.14.2 That all of the provisions of the R1A Zone in Section 6.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 3. That Section 7.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "7.5.9 LOCATION: REYNOLDS WAY, COLIN AVENUE R2-9 7.5.9.1 Notwithstanding any provision of this By-Law to the contrary, no person shall within any R2-9 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: a single detached dwelling; a home occupation, in accordance with the provisions of Section 5.13 of this By-Law. KEY MAP -~~---~~ ,, 25 0 -LANDS TO WHICH BYLAW APPLIES THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3695 A BY-LAW to Authorize an Agreement with Gregory F. Stewart. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with Gregory F. Stewart for the purposes of hiring a meeting investigator; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 14th DAY OF JANUARY, 201l READ A THIRD AND FINAL TIME AND PASSED THIS 14"' DAY OF JANUARY, 201l MAYOR -John Lessif CLERK -Donna Wilson Municipal Meeting Investigator Agreement This Agreement dated this 1st day of January, 2013 BETWEEN: The County of Oxford, The Corporation ofthe Township of Blandford- Blenheim, The Corporation of the Township of East Zorra-Tavistock, The Corporation ofthe Town oflngersoll, The Corporation of the Township of Norwich, The Corporation ofthe Township of South-West Oxford, The Corporation of the Town ofTillsonburg and The Corporation ofthe Township of Zorra (hereinafter referred to as the "Municipalities") -and- Gregory F. Stewart (hereinafter referred to as the "Independent Investigator") WHEREAS section 239.2 of the Municipal Act, S.O. 2001, c.25 (the "Act") authorizes a Municipality to appoint an investigator to investigate in an independent manner any complaint as to whether the Municipality has complied with the Act or a Municipal procedural by-law in respect of a meeting (or part of a meeting) that was closed to the public; AND WHEREAS the investigation of the relevant municipality or local board must be undertaken by an Investigator appointed by the municipality pursuant to Sections 9, 10, 11 and 239.2 of the Act or by an Ombudsman appointed pursuant to the Ombudsman Act if the municipality has not appointed an Investigator under the Act; AND WHEREAS each of the Municipalities deems it desireable to appoint Gregory F. Stewart as the Investigator to investigate all requests received by each of the Municipalities after January 1, 2013 pursuant to the Act respecting any meeting of the Councils of the Municipalities, a local board or a committee of any of them; AND WHEREAS the Independent Investigator has the skills and ability and is interested in acting as the Investigator for the Municipalities on the terms and conditions set out in this Agreement; -3- 2.2.5 Such other information or documentation that the Clerk of the Municipality deems relevant; and 2.2.6 Such other information or documentation that the Independent Investigator may from time to time deem relevant to the investigation. 2.3 Duties of the Independent Investigator shall be: 3.0 Fees 2.3.1 To conduct investigations from time to time as requested by the Municipalities upon receipt of a complaint in respect of meetings or part of meetings that are closed to the public to determine compliance with the Act; 2.3.2 To report in writing on such investigations to the Council of the requesting Municipality; 2.3.3 To proceed without undue delay and with due diligence to investigate a complaint and to consider time to be of the essence with any and all investigations; 2.3.4 To proceed to investigate a complaint independently of the Municipality and impartially; 2.3.5 To hear or obtain information from such persons as the Independent Investigator sees fit; 2.3.6 To preserve the confidentiality of all matters of the investigation that require secrecy save and except disclosure of such matters as in the Independent Investigator's opinion ought to be disclosed in order to establish grounds for report conclusions and/or recommendations; 2.3.7 If at any time during the course of an investigation it appears to the Investigator that there may be sufficient grounds for a report or recommendation that may adversely affect a municipality, a local board or any other individual person, the Investigator shall give him or her an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel; 2.3.8 To include in the written report whether the meeting (or portion thereof) in question was closed to the public contrary to the Act or Municipal Procedure by-law and to make appropriate recommendations to the Municipality in this regard and; 2.3.9 To dismiss a complaint deemed to be vexatious and prepare a report to this effect; and 2.4 Upon receipt by the Municipal Council/Committee/Local Board, the report of the Independent Investigator shall be a public record. 3.1 The Municipalities agree to pay fees and expenses of the Independent Investigator at a rate of $250.00 per hour plus applicable taxes during such time as the Independent Investigator is performing the duties as described in this -5- THE CORPORATION OF THE TOWNSIDPOF BLANDFORD-BLENHEIM Mayor Clerk We have authority to bind the Corporation. THE CORPORATION OF THE TOWNSHIP OF EAST ZORRA-TAVISTOCK Mayor Clerk We have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF INGERSOLL Mayor Clerk We have authority to bind the Corporation. -7- THE CORPORATION OF THE TOWNSHIP OF ZORRA Mayor Clerk We have authority to bind the Corporation. THE OORPORA110N OF THE TOWN OF11LLSONBURG BY-LAW NUMBER 3671 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND EDWIN EARL MCLAUGHLIN AND EWART ARNOLD MCLAUGHLIN. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Edwin Earl Mclaughlin and Ewart Arnold Mclaughlin for the purposes of enabling a temporary access route (long term) across the 10 Clearview Dr property to enable fibre service to the adjacent property. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis 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 26th DAY OF NOVEMBER, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 26th DAY OF NOVEMBER, 2012. MAYOR -John Less if CLERK-Donna Wilson THIS AGREEMENT OF EASEMENT, made in triplicate on the day of January, 2013 Between EDWIN EARL MCLAUGLIN AND EWART ARNOLD MCLAUGHLIN, Hereinafter called the "Transferor", -and- THE CORPORATION OF THE TOWN OF TILLSONBURG, Hereinafter called the "Transferee", WITNESSETH that the parties hereto agree as follows: 1. The Transferor is the owner in fee simple and in possession of the lands described as Parts of Lots 2 and 3, Concession 5 NTR Middleton, being Parts 1 & 2, Plan 41R-3393, and specifically, Part 1, Plan 41R-3393 ("the subject property") herein. 2. The Transferee and/or their designate has installed fibre optic conduit and cable on the subject property. 3. Appendix A attached hereto forms part of this agreement. 4. In consideration of the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid by the Transferee to the Transferor, the Transferor hereby: a. Sells, grants and conveys in perpetuity to the Transferee, its successors and assigns, a free and uninterrupted easement in, over, upon, across or through the subject property together with the right of the Transferee, its licensees, successors, assigns, servants, agents, workmen and contractors with all necessary vehicles, supplies, machinery and equipment necessary or incidental to enter upon the subject property at all times and to pass and repass thereon as may be required by the Transferee from time to time, to achieve access to electrical infrastructure including fibre optic cable and for the purposes of installing, maintaining, operating, repairing, replacing, reconstructing and removing same including all necessary trenches for underground placement of electrical wires, fibre optic cable, drop boxes and related equipment and all necessary poles and anchors, overhanging wires, with guys and braces, for overhead placement; b. Grants the Transferee the right to cut and remove or trim and keep trimmed all trees on the subject property that may interfere with the safe and efficient operation of the fibre optic conduit and cable; 10. The burden and benefit ofthis Transfer and Grant of Easement shall run with the land and shall extend to, be binding on and enure to the benefit of the parties hereto and their respective successors and assigns. DATED at SIGNED, SEALED AND DELIVERED in the Presence of this day of January, 2013 THE CORPORATION OF THE TOWN OF TILLSON BURG Donna Wilson CLERK Edwin Earl McLauglin DATE DATE I have the authority to bind the corporation Ewart Arnold Mclaughlin DATE I have the authority to bind the corporation THIS AGREEMENT, made in triplicate on the day of October, 2012 Between EDWIN EARL MCLAUGLIN AND EWART ARNOLD MCLAUGHLIN, Hereinafter called the "Transferor", -and- THE CORPORATION OF THE TOWN OF TELLSONBURG, Hereinafter called the "Transferee", WITNESSETH that the parties hereto agree as follows: 1. The Transferor is the owner in fee simple and in possession of the lands described as Parts of Lots 2 and 3, Concession 5 NTR Middleton being Parts 1 & 2, Plan 41R-3393 ("the subject property") herein. 2. The Transferee and/or their designate has installed fibre optic conduit and cable on the property. 3. Appendix A attached hereto forms part of this agreement 4. In consideration of the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid by the Transferee to the Transferor, the Transferor·hereby: a. Grants a temporary route for fibre optic conduit and cable across the subject property to the Transferee, its successors and assigns, together with the right of the Transferee, its licensees, successors, assigns, servants, agents, workmen and contractors with all necessary vehicles, supplies, machinery and equipment necessary or incidental to enter upon the subject property at all times and to pass and repass thereon as may be required by the Transferee from time to time, to achieve access to the fibre optic cable and for the purposes of installing, maintaining, operating, repairing, replacing, reconstructing and removing same including all necessary trenches for underground placement of the fibre optic cable, drop boxes and related equipment; b. Grants the Transferee the right to cut and remove or trim and keep trimmed all trees on the subject property that may interfere with the safe and efficient operation of the fibre optic conduit and cable; c. Covenants that without the consent in writing of the Transferee, it will not place or remove any fill or improve any part of the subject property within 1.5 metres oft he fibre route ("the route lands") including the erection of any pole, structure or building or do any other construction above or below the surface. Notwithstanding above, the 10. The burden and benefit of this Transfer and Agreement shall run with the land and shall extend to, be binding on and enure to the benefit ofthe parties hereto and their respective successors and assigns. DATED at SIGNED, SEALED AND DELIVERED in the Presence of this day of October, 2012 THE CORPORATION OF THE TOWN OF TILLSON BURG Donna Wilson CLERK Edwin Earl McLauglin DATE DATE I have the authority to bind the corporation Ewart Arnold Mclaughlin DATE I have the authority to bind the corporation THE CORPORATION OF THE TOWN OF TIUSONBURG BY-LAW NUMBER~ A BY-LAW to Authorize an Agreement of Easement Between the Corporation of the Town of Tillsonburg and Edwin Earl Mclaughlin and Ewart Arnold Mclaughlin. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement of easement with Edwin Earl Mclaughlin and Ewart Arnold Mclaughlin concerning 10 Clearview Drive, Town ofTillsonburg. THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis 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 ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 2S" DAY OF NOVEMBER, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 14"' DAY OF JANUARY, at13. MAYOR -John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TJU.SONBURG BY-LAW NUMBER 3678 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND PACKET-TEL CORPORATION. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an Easement Agreement with Packet-Tel Corporation concerning fibre optics along the former Rail Corridor on Clearview Drive. THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 2S" DAY OF NOVEMBER, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 14"' DAY OF JANUARY, 2013. MAYOR-John Lessif CLERK-Donna Wilson THIS AGREEMENT OF EASEMENT, made in triplicate on the day of January, 2013 Between THE CORPORATION OF THE TOWN OF TILLSONBURG, Hereinafter called the "Transferor", -and- PACKET-TEL CORP, Hereinafter called the "Transferee", WITNESSETH that the parties hereto agree as follows: 1. The Transferor is the owner in fee simple and in possession of the lands described as PT LT 2, Concession 6 NTR Middleton, Part 5, Plan 41R-7672 herein ("the subject property"). 2. The Transferee and or their designate has installed fibre optic conduit and cable on the subject property. 3. Appendix A attached hereto forms part of this agreement. 4. In consideration of the sum of ONE DOLLAR ($1.00} of lawful money of Canada, now paid by the Transferee to the Transferor, the Transferor hereby: a. Sells, grants and conveys in perpetuity to the Transferee, its successors and assigns, a free and uninterrupted easement in, over, upon, across or through the subject property together with the right of the Transferee, its licensees, successors, assigns, servants, agents, workmen and contractors with all necessary vehicles, supplies, machinery and equipment necessary or incidental to enter upon the subject property at all times and to pass and repass thereon as may be required by the Transferee from time to time, to achieve access to electrical infrastructure including fibre optic cable and for the purposes of installing, maintaining, operating, repairing, replacing, reconstructing and removing same including all necessary trenches for underground placement of electrical wires, fibre optic cable, drop boxes and related equipment and all necessary poles and anchors, overhanging wires, with guys and braces, for overhead placement; b. Covenants that without the consent in writing of the Transferee, it will not place or remove any fill or improve any part of the subject property by applying any surface treatment other than pavement or other standard parking lot treatment or erecting any pole, structure or building or do any other construction above or below the surface (other than seeding or sodding with grass); DATED at SIGNED, SEALED AND DELIVERED in the Presence of this day of January, 2013 THE CORPORATION OF THE TOWN OF TILLSON BURG Donna Wilson CLERK John Fagg, President DATE DATE I have the authority to bind the corporation DATE I have the authority to bind the corporation THE CORPORATION OF THE TOWN OFTIUSONBURG BY-LAW NUMBER 3679 A BY-LAW TO AUTHORIZE AN AGREEMENT OF EASEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND PACKET-TEL CORPORATION. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement of easement with Packet-Tel Corporation for 20 Clearview Drive. 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 ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 2£1' DAY OF NOVEMBER, 2)12 READ A THIRD AND FINAL TIME AND PASSED THIS 14"' DAY OF JANUARY, 2)13. MAYOR -John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OFTILLSONBURG BY-LAW NUMBER 3684 A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND FIELD AND FLOCK FARMS. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into a Lease Agreement with Field and Flocks Farms to rent the subject lands for agricultural purposes at the Tillsonburg Regional Airport for the 2013-2017 crop seasons. 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 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 10"' DAY OF DECEMBER, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 14"' DAY OF JANUARY, 2013. MAYOR -John Lessif CLERK-Donna Wilson THIS AGREEMENT OF EASEMENT, made in triplicate on the day of January, 2013 Between THE CORPORATION OF THE TOWN OF TILLSONBURG, Hereinafter called the "Transferor", -and- PACKET-TEL CORP, Hereinafter called the "Transferee", WITNESSETH that the parties hereto agree as follows: 1. The Transferor is the owner in fee simple and in possession of the lands described as PT LT 2 and 3, Concession 5 NTR Middleton, Parts 1 & 2, Plan 41R-8855 herein ("the subject property"). 2. The Transferee and or their designate will install fibre optic conduit and cable on the subject property upon receiving notice from Edwin Earl Mclauglin And Ewart Arnold Mclaughlin or their successor or assign that the temporary fibre route permitted across their 10 Clearview Dr property is no longer permitted. 3. Appendix A attached hereto forms part of this agreement. 4. In consideration of the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid by the Transferee to the Transferor, the Transferor hereby: a. Sells, grants and conveys in perpetuity to the Transferee, its successors and assigns, a free and uninterrupted easement in, over, upon, across or through the subject property together with the right of the Transferee, its licensees, successors, assigns, servants, agents, workmen and contractors with all necessary vehicles, supplies, machinery and equipment necessary or incidental to enter upon the subject property at all times and to pass and repass thereon as may be required by the Transferee from time to time, to achieve access to electrical infrastructure including fibre optic cable and for the purposes of installing, maintaining, operating, repairing, replacing, reconstructing and removing same including all necessary trenches for underground placement of electrical wires, fibre optic cable, drop boxes and related equipment and all necessary poles and anchors, overhanging wires, with guys and braces, for overhead placement; b. Covenants that without the consent in writing of the Transferee, it will not place or remove any fill or improve any part ofthe subject property by applying any surface treatment other than pavement or other standard parking lot treatment or erecting any pole, structure or building or do any other construction above or below the surface (other than seeding or sodding with grass); DATED at SIGNED, SEALED AND DELIVERED in the Presence of this day of January, 2013 THE CORPORATION OF THE TOWN OF TILLSON BURG Donna Wilson CLERK John Lessif MAYOR DATE DATE I have the authority to bind the corporation John Fagg, President Packet-Tel Corp DATE I have the authority to bind the corporation THIS AGREEMENT made in quadruplicate this ll1h day of __ ~D=ec,_,e=m""-'b"'e"-r __ , 2012. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, ofthe First Part, -and- FIELD AND FLOCK FARMS LTD hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of the Tillsonburg Regional Airport property, which is located between Airport Road and Prouse Road east of Highway 19, and legally described as Lots 5 & 6 and Part of Lots 2, 3, 4, and 7, Concession 7, Township of South-West Oxford, County of Oxford, Province of Ontario, and known municipally as 244411 Airport Road (the "Property"); AND WHEREAS the Lessor is desirous of renting the subject lands for agricultural purposes subject to the conditions hereinafter set forth in this Agreement. NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent as set out below to the Lessor by two payments each year during the term of this agreement. The first payment of which shall constitute 50% of annual rental fee and shall be due and payable no later than April I of each year that this indenture remains in force and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this indenture remains in force: (a) Approximately 350.8 Acres of arable land, shown as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 on the sketch in Appendix A, at a price of$385/acre for a total of $135,058 annually. 2. TERM The term of the lease shall be from January 1, 2013 to expiration upon harvesting of crops in the fall of2017, and no later than December 31, 2017. The Lease Term can be extended for additional one (I) year terms by the Lessor in their sole and absolute discretion. 3. RE-ENTRY PROVISO for re-entry by the Lessor on non-payment or non-performance of covenants. 4. CROPS IT IS further agreed that the crop to be grown on the said lands shall be agreed upon prior to planting and shall generally be a com and soybean rotation or alfalfa grass blend for the purposes of hay production. Page 3 14. BANKRUPTCY IT IS further hereby agreed between the Parties hereto that if the term hereby granted, or any of the goods or chattels of the Lessee shall at any time during the said term be seized or taken in execution or in attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing balance of rent shall immediately become due and payable and the said term shall, at the option of the Lessor, immediately become forfeited and determined and in such case, the Lessor may re-enter and take possession of the said lands as though the said lands was holding over after the expiration of the said term. 15. TERMINATION FOR CONVENIENCE IT IS further hereby agreed between the Parties hereto that this lease agreement may be terminated, in whole or in part, by either party in their sole and absolute discretion by giving notice, in writing, sixty (60) days prior to the termination date or the expiration ofthe lease term. In the case where the Lessor terminates the lease, the provisions of Paragraph 5 above shall be in effect. In the case where the Lessee terminates the lease, he/she shall be responsible to pay a pro-rated payment to the date of termination for the lands leased. 16. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Att: Airport Manager Corporation of the Town ofTillsonburg 244411 Airport Road South-West Oxford, ON N4G 4H1 If to the Lessee: Field & Flock Farms Ltd 50292 Vienna Line, RR2 Aylmer, ON N5H 2R2 IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used in this indenture shall, when the context allows, include, be binding on and enure to the benefit of not only the Parties hereto, but also their respective executors, administrators and assigns. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3693 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 14th day of January, Zl13 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 Tillsonburg at its special meeting and regular meeting held on January 14, 2013, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14th DAY OF JANUARY, Zl13. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF JANUARY, 2013. MAYOR -John Lessif CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT the Minutes of the Open Council Meeting of December 10, 2012 and December 20, 2012, be approved. Q Carried D Defeated D Deferred D Tabled D Recorded {/~ Mayor's Initials Vote COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: January 14, 2013 RESOLUTION NO.: -=-3 _ ::~::::BY• !~ ~ RESOLVE THAT the Lake Lisgar Revitalization committee continue to operate in order to complete the Revitalization of Lake Lisgar; FURTHER RESOLVE THAT Council confirms that the committee members are John Glass and Frank Kempf (co-chairs), Virginia Armstrong, Craig Blodgett, Larry Donnelly, Stephen Molnar, Erik Sharpe, and Joan Weston. AND FURTHER RESOLVE THAT the Town enter into a contribution agreement for funding under the Community Infrastructure Improvement Fund (CIIF); AND FURTHER RESOLVE THAT pre-budget approval be granted for the Town's share of $46,250; AND FURTHER RESOLVE THAT By-Law 3692 be brought forward for Council consideration. @J Carried D Defeated D Deferred D Tabled D Recorded ~ Vote (.../' Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: January 14, 2013 RESOLVE THAT Council approve the Zoning By-Law amendment ZN 7-12-09, submitted by Victoria Wood (Tillsonburg) GP Inc., to rezone the subject lands to 'Low Density Residential Type 1A Zone (R1- A), 'Special Low Density Residential Type 1A Zone' (R1A-14-H) and 'Special Low Density Residential Type 2 Zone' (R2-9-H) as detailed in the 'Recommendations' contained in County of Oxford Report 2012- 339; FURTHER RESOLVE THAT that the Council of the Town of Tillsonburg advise Oxford County that Council supports the modifications to the draft approved plan of subdivision (File No. 32T- 06005),respecting lands described Lots 1, 2, 3, 4 & Part of Block A of Plan 1082, Part of Lot 7, Concession 12 (Dereham), and Part 1 of Reference Plan 41R-7974), in the Town ofTillsonburg as illustrated on Plate 4 of Report No. 2012-339.; FURTHER RESOLVE THAT By-Law 3694, being a by-law to amend By-Law 3295, as amended, be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ~ ~~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 12 Date: January 14, 2013 RESOLUTION NO.: 5 MOVED BY: SECONDEDBY: ----==~------~------- RESOLVE THAT Council receives Report FIN 13-01; FURTHER RESOLVE THAT By-Law 3688 be brought forward for Council consideration. D Carried Recorded Vote D Defeated D Deferred D Tabled ~ ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 13 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVED THAT Council receive Report CAO 12-33 Executive Summary to By-Law 3686, Sale of Surplus land to Husted; FURTHER RESOLVED THAT By-Law 3686 to provide for the sale of certain lands being, Part of Block A, Plan M-68, Part 1 on Reference Plan 41R-8862, in the Town ofTillsonburg, County of Oxford, be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 14 Date: January 14, 2013 RESOLUTION NO.: 7 MOVED BY: RESOLVE THAT Council receive Report CAO 13-01 Meeting Investigator Agreement; FURTHER RESOLVE THAT Council retain the services of Gregory F. Stewart as Closed Meeting Investigator for a two year term commencing January 1, 2013 and that a By-law to authorize the Municipal Meeting Investigator Agreement be brought forward for Council consideration. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 15 Date: January 14, 2013 RESOLUTION NO.: 8 MOVED BY: e-14~ SECONDED BY: __ IJ-+·If-J~YP~,,...C....Aj----IL-f.-. ~---_ RESOLVE THAT Council receive Report DCS 13-01 Sign Variance; FURTHER RESOLVE THAT a variance to Sign By-Law 2976 be granted for the construction of an eight foot, six inch {8ft 6 in) high ground sign located on the property at 5 Rouse Street. gc:rried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 16 Date : January 14, 2013 RESOLUTION NO.: 9 MOVED BY: RESOLVE THAT the Tillsonburg Fire Department invoke a moratorium on seeking new fire dispatch contracts until after the 2013 budget. D Recorded Vote cg/oefeated ~rred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: January 14, 2013 RESOLUTION NO.: ~A-( MOVED BY: SECONDED BY: -----v-rt-'7"/J"----~--'--_-_-_-_--=._-----. RESOLVE THAT the annual Christmas tree pick-up be reinstated; ',,GJ FURTHER RESOLVE THAT the remaining trees be picked up i.tlit •lli'il' .,, , . D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 18 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3686, To Authorize the Sale of Surplus Land to Irene Husted, be read for a first and second time and this constitutes the first and second reading thereof. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 19 Date: January 14, 2013 RESOLUTION NO.: 12 MOVEDBY ~-t!k SECONDED BY: ~~~ RESOLVE THAT By-Law 3688, to Authorize an Agreement Between the Corporation of the Town of Tillsonburg and Bell Mobility Inc., be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3688, 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.: 20 Date: January 14, 2013 MOVED BY : RESOLVE THAT By-Law 3691, to provide for an interim tax levy for the year 2013, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3691, 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. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 21 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3692, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and Her Majesty the Queen in Right of Canada., be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3692, 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. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 22 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3694, to amend By-Law 3295, Victoria Wood (Tillsonburg) GP Inc., be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3694, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 23 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: SECONDED BY: RESOLVE THAT By-Law 3695, to Authorize an Agreement with Gregory F. Stewart, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3695, 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 Tabled ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3671, To Authorize an Agreement for Temporary Access to 10 Clearview Drive, 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.: 25 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3672, to authorize an agreement of easement between the corporation of the Town of Tillsonburg and Edwin Earl Mclaughlin and Ewart Arnold Mclaughlin, 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.: 26 Date: January 14, 2013 MOVED BY: RESOLVE THAT By-Law 3678, To Authorize an Easement Agreement between the Town and Packet-Tel Corporation, along the former rail corridor on Clearview Drive 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 ~ ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 27 Date: January 14, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3679, To Authorize an Easement Agreement with Packet-Tel Corporation, for 20 Clearview Dr., 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 COUNCIL RESOLUTION AGENDA ITEM NO.: 28 Date: January 14, 2013 MOVED BY: RESOLVE THAT By-Law 3684, To authorize an agricultural lease agreement with Field & Flock Farms, 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.: 29 Date: January 141 2013 RESOLUTION NO.: MOVED BY : RESOLVE THAT By-Law 36931 To Confirm the Proceedings of the Council Meeting of January 141 2013, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3693, 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. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials .. Dear ASAP Member: We are happy to share the first edition of the Mayors' Coalition for Affordable, Sustainable and Accountable Policing (ASAP) newsletter. As a supporter, your name appears prominently in our newsletter, among other communities that have recognized that the payment model for OPP services in rural municipalities is dysfunctional and unfair. As municipal leaders, you recognize that costs related to policing have become the greatest uncontrolled cost to municipalities. This creates an immediate threat to our financing and fiscal planning by delaying and deterring investment in programming, infrastructure, and community development projects. As mayors, our opportunities for input and feedback are limited, and yet, we are forced to absorb these runaway costs every year. Together, we can advance this issue, and achieve change for communities across Ontario. Your support and efforts on our behalf are appreciated, as ASAP continues to address the issue. If you have ideas or suggestions for future editions of the newsletter, we would encourage you to reach out to a member of the Steering Committee. Thank you for your support. Mayor John Lessif, Town ofTillsonburg -jlessif@tillsonburg.ca Mayor Peter Politis, Town of Cochrane -peter.politis@cochraneontario.com Mayor Gerry Marshall, Town of Penetanguishene -gmarshall@penetanguishene.ca Mayor Dennis Travale, County of Norfolk -dennis.travale@norfolkcounty.ca Mayor Jamie McGarvey, Town of Parry Sound -Jamie@townofparrysound.com Welcome to the first newsletter fro m the Mayor's Coalition for Affordab le, Sustain ab le, and Accountable Polic in g As mayors in Ontario, we appreciate and acknowledge the incredible and essential services that the police offer our communities. We could not grow and thrive without their presence. However, existing regulations regarding how these services are paid for are creating a significant threat for municipalities across the province. ASAP was formed to address the dysfunctional and unfair model for paying for rural OPP services across Ontario's municipalities. Currently, municipalities are handed a bill from the province to pay for policing services. The problem is that the model for determining the cost to municipalities is a) unpredictable b) inequitable and c) unsustainable. The current model is unpredictable because, as mayors who are managing complex budgets, we do not know how much the province will charge us until we receive the bill. Mayors must become part of the decision making process. The current model is inequitable because the cost of policing per resident varies greatly from one municipality to another. The model is based on a complicated formula that means a taxpayer in one municipality may pay hundreds of dollars more annually for policing than a taxpayer in a neighbouring municipality. Mayors must demand equitable payment across Ontario. The current model is unsustainable because costs for policing continue to rise at a rate that outpaces municipal budgets. As mayors, we are being forced to cut other essential services and this cannot continue without having a significant impact in our communities. Mayors must demand realistic payment for policing services. Recognizing these issues, 28 mayors came together to create ASAP and find solutions. We have met with the minister, interacted with various policymakers, and now, we need your help. We are looking for municipalities willing to lend their support and resources to a cause that would benefit us all. About Us The Mayors' Coalition for Affordable, Sustainable, Accountable, Policing is a consortium of concerned municipalities, seeking to address the unsustainable cost of police service, by determining the true cost of provincial policing, and allocating per-household costs evenly across OPP-serviced municipalities. The coalition welcomes new members, input, and resources as it continues to seek a long-term resolution to this issue. ASAP Steering Com mittee Please contact any one of us to join ASAP or get more information: Mayor John Lessif, Town of Tillsonburg jlessif@tillsonburg.ca Mayor Peter Politis, Town of Cochrane peter.politis@cochraneontario.com Mayor Gerry Marshall, Town of Penetanguishene gmarshall@penetanguishene.ca Mayor Dennis Travale, County of Norfolk dennis.travale@norfolkcounty.ca Mayor Jamie McGarvey, Town of Parry Sound jamie@townofparrysound.com y +A With a Mayor Mayor John Lessif, Tillson burg 0: 1-lovv does the current law enforcement 'fund ing rnodel directly impact your citizens o r community? The community of Tillsonburg is very satisfied with the quality of policing being delivered by the OPP. The relationship our citizens have with the OPP is very positive and we are grateful. However, Tillsonburg's police costs represent 29% of a $12+ million dollar operating budget. This is easily the largest line item on our operational budget. Across the province, per -household costs for policing range from just under $9 dollars to $1 , 1 00 dol lars per hou sehold . Clearly, the current model has a direct impact on Tillsonburg's municipal taxes. Yet, the financial pressures to operate our municipalities continue to grow. Our residents, employed, unemployed, young, retired or with disabilities see their disposable income shrinking. With greater transparency of cost and a more equitable distribution of costs ) across the province, we could improve access to community recreation, improve municipal transportation, and plan for the future. Fairness would bring relief to individual households, and provide us with the municipal tax relief to continue building strong communities. 0: If system change isn 't achieved, vvhat wil l the irnpact be on your rnunicipality? Entering budget planning for 2013, we will be faced with reducing programmes for our seniors and youth, or increasing fees to maintain them, the infrastructure needs will continue to be delayed and investment needed to grow our community will not happen. We're talking about stagnation. We need the funds which would come as a result of the province treating police costs in the same manner as health care and education. No matter where you live in Ontario each household needs to pay equally for policing. I am confident we will see change. The question is how soon. Tillsonburg's Council is working hard to reduce our debt, build reserves and keep tax increases to a minimum, as are so many communities across this province. We were told by the province that changes would be in place for the 2012 budget year, but then we were told the changes would be in place in time for the 2013 budget year; I'm still waiting. 0: As a founding member, can you tell us why you forrr1ed ASAP? In April 2012, the Ontario Ministry of Community Safety and Correctional Services struck a Task Force to review the province's delivery model for policing. The Terms of Reference did not allow for a review of the relationship between municipally- elected officials (Mayors) and the OPP with respect to the delivery model or costs. This means that municipally-elected officials have no say as to how policing is delivered, nor the costs related to keeping our communities safe. ) Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) DEC 0 7 2012 Ms. Joan Weston Ottawa, Ontario K1A OH5 Lake Lisgar Revitalization Committee Member Town ofTillsonburg 200 Broadway Street Tillsonburg, Ontario N4G SA 7 Re: C0644 Revitalization of Lake Lis gar Dear Ms. Weston: Ministre d'Etat (Sciences et Technologie) (Agence federale de developpement economique pour le Sud de !'Ontario) MSC 0006583 I would like to congratulate you on your successful application to the Community Infrastructure Improvement Fund (CIIF). Based on your application and pending necessary financial follow-up, your project will be provided with a non-repayable contribution of up to $56,250. Staff from the Federal Economic Development Agency for Southern Ontario will contact you in the near future to execute a contribution agreement. This agreement will outline the contracting details, claims information, and communication opportunities for your funded project. The signed contribution agreement must be accompanied by a resolution of your Council. Please ensure that the resolution references the contribution agreement under the CIIF program, the project title, and the funding amounts approved under the program, as listed in this letter. For further information, you may calll-866-593-5505, e-mail infrastructure@feddevontario.gc.ca, or visit http://www .feddevontario. gc.ca/CIIF. Once again, congratulations, and I encourage you to continue to work on improving the economic prospects of your community and Canada. The Honourable Gary Goodyear, P.C., M.P. Canada 1+1 Federal Economic Development Agency for Southern Ontario Ms. Janet McCurdy Manager, Parks & Recreation Services Town ofTillsonburg 200 Broadway Tillsonburg, ON N4G SA 7 Agence federale de developpement economique pour le Sud de !'Ontario RE: C0585-Revitalization ofTillsonburg Fairgrounds and Memorial Park Dear Ms. McCurdy: I would like to thank you for your application to the Community Infrastructure Improvement Fund (CIIF). Through the CIIF intake process, a significant number of submissions were received from across Ontario. While the Federal Economic Development Agency for Southern Ontario received many outstanding applications, difficult decisions had to be made and the Agency was unable to accommodate all applicants. We reviewed the project you submitted in great detail, and I regret to infonn you that your project was not selected for funding. All CIIF applications were assessed based on the degree to which they met the program eligibility requirements and selection criteria, as outlined in the program guidelines. For further information, please visit http://www.FedDevOntmio.gc.ca/CIIF. Thank you for your interest in the Community Infrastructure Improvement Fund. Yours sincerely, N atasha K. Brenders Director General, Infrastructure Operations Canada Touris mfcfqrd our rural roots ~are showing To Mayor and Council: This letter is intended to provide your council with advance knowledge of an Oxford County photography table top book, which will be published mid-summer, 2013. I have attached a low-resolution preliminary cover of the book. This 10" x 10", 96 page hard- cover book with dusk jacket will feature over 90 colour photographs of our County. The intent of this letter is to allow you to budget for a supply of books for your municipal use. You would be able to purchase them at a discounted pre publication rate of $24.00, with the retail selling price being $36.00. One of Oxford County's strengths is its photogenic nature. Tourism Oxford has prided itself on the quality of local photography used to promote the County. It has shared photography with other departments within the County, and within the community at large. It is common to receive feedback from visitors on the beauty of our landscapes, heritage buildings and people. Richard Bain is an accomplished photographer and publisher, with a number of beautiful books published featuring his exceptional photography. Tourism Oxford has developed a library of vivid images over the years, in part through the annual photography contest. Books of this nature make excellent tourism souvenirs and are also a prime gift for municipalities, service clubs and community organizations. The book will include several images depicting such themes as: • Our Cultural Assets and Architecture • Wetlands, Woodlots, Trails, and Nature • Agriculture Books are packaged in cartons of 15 and the cost to you for each book is $24 per copy, plus 5% (book HST rate). Purchases of at least 5 cartons will receive an insert sheet stating that "this book is brought to you compliments of your municipality's name". /inr; truly, ~gham, Tourism Specialist 580 Bruin Boulevard, Woodstock Ontario N4 V 1£5 Phone: 5 19-539-9800 • Fax: 519-537-2718 1-866-801 -7368 • email: tourism@oxfordcounty.ca • www.tourismoxford.ca • www.rideoxford.ca • www.oxfordfresh.ca • www.doorsopenoxford.ca Ministry of Agriculture, Food and Rural Affairs Ministere de !~Agriculture, de I' Alimentation et Office of the Deputy Minister 77 Grenville Street, 11th Floor Toronto, Ontario M7 A 1 83 des Affaires rurales Bureau de Ia sous-ministre 77, rue Grenville, 11 • etage Toronto {Ontario) M7 A 1 83 Tel.: 416 326-3101 Telae.: 416 326-3106 f'~ f ~ 1/r Ontario Tel: 416 326-3101 Fax: 416 326-3106 December 3, 2012 Dear GAO/Clerk/Treasurer: I am writing to share news with you regarding the 2013 Premier's Award for Agri-Food Innovation Excellence program and to encourage you to share this information in your municipality. The Premier's Award for Agri-Food Innovation Excellence program was created to recognize and foster the spirit of innovation that thrives in Ontario's agricultural sector. It encourages the development of rural communities, farms, agri-food processors and agri-food organizations by adding value to existing products, creating jobs and driving economic growth. Each year the program recognizes up to 45 award winning innovations across the province valued at $5,000 each. In addition, there is a-Premier's Award valued at up to $75,000, a Minister's Award valued at up to $50,000, and three Leaders in Innovation awards valued at $25,000 each. All award recipients receive a plaque, a gate sign and various promotional materials. Primary producers, processors or agri-food organizations are invited to submit applications. Details on eligibility, innovation categories, assessment criteria, application process and selection process can be found in the enclosed 2013 Program Guidebook and Application Form or at www.ontario.ca/agrifoodinnovation. · I ask that you encourage outstanding agriculture and agri-food innovators to submit an application by the deadline of 5 p.m. on January 18, 2013. Should you require additional resources, please contact the Agricultural Information Contact Centre at 1-877-424-1300 or ag.info.omafra@ontario.ca. I am also pleased to enclose a copy of a brochure that highlights the recipients of the last program for the Premier's Award for Agri-Food Innovation Excellence. I look forward to learning about agri-food innovations in your municipality. Sincerely, Karen Chan Deputy Minister (A) Enclosure Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Bureau principal du ministere: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 Good Things Grow in Ontario A bonne terre, bans produits Food land ONTARIO Ministry of Citizenship and Immigration Ontario Honours and Awards Secretariat 400 University Avenue, 41h Floor Toronto ON M?A 2R9 December 2012 Dear friend, Ministere des Affaires civiques et de !'Immigration Secretariat des distinctions et prix de !'Ontario 400, avenue University, 4" etage Toronto ON M7A 2R9 r')h t > ~Jr Ontario I am pleased to advise you that nominations for the Ontario Medal for Young Volunteers are being accepted by the Ontario Honours and Awards Secretariat. The Ontario Medal for Young Volunteers is presented by the Lieutenant Governor to exceptional young volunteers, between the ages of 15 and 24. Through their actions and dedication, young volunteers have improved the quality of life in their communities, their province, their country, and even around the world. This honour recognizes Ontario's finest youth who understand the importance of volunteering and who demonstrate leadership, initiative and perseverance as well as inspire others. Do you know an outstanding young volunteer? If so, please nominate them for the Ontario Medal for Young Volunteers. Deadline for nominations is January 31, 2013. Nomination forms and additional information about the Ontario Medal for Young Volunteers, and other programs that recognize volunteers, are available on the Ministry of Citizenship and Immigration website at: www. ontario.calhonoursandawards If you have any questions or require assistance please contact the Ontario Honours and Awards Secretariat by phone at (416) 314-7526, toll free at 1-877-832-8622 or TTY 416-327-2391. I genuinely hope you take this opportunity to nominate any young volunteer(s) you believe to be worthy of this recognition. Sincerely, The Honourable Michael Chan Minister 42-054A www.tillsonburg.ca Tanner Studio Mayor John Lessif and Council Members Recent... From: To: Date: Subject: Tanner Studio <dgilvesy@tanners.ca> jlessif@tillsonburg.ca 12/05/2012 09:27AM Fwd: Re; Indoor Sunbathing Industry Mayor Jolm Lessif and Council Members 12/05/2012 09:27:32 AM Recently there has been much negative press regarding the indoor sunbathing industry. A fevv· larger cities have chosen to adopt indoor sunbathing regulations while others have opted to defer waiting for provincial regulation. I am the Director of Ontario for the Joint Canadian Tanning Association which represents professional salons all over Canada. I am the owner and operator of two salons, one in Ingersoll and one in Tillsonburg. We require parental consent under the age of 18 for anyone to access our equipment. All my staff is trained and certified to operate UV equipment. We also advocate tanning in moderation. I welcome you to visit one of our locations at anytime. Like in any business not all salons are run professionally and this is why the JCT A has been pushing for regulations for many years although we believe it to be more complex than just age. We believe in protecting all indoor sunbathers. The JCTA has warned government of 24 hour swipe card or coin operated beds that are now popping up throughout Canada which are self-operated. We also have grave concerns regarding uncertified operators operating UV equipment. The JCTA is in discussions with all three parties in Ontario regarding regulations and do forsee that sometime moving forward once issues within Government are resolved there will be Provincial regulations. In the interim we arc urging towns. cities and municipalities to wait for these provincial regulations. However if this issue may arise at local council I am requesting to please be allowed to make presentation to counciL Attached is a brief power point that outlines who we are and discusses some of the misconceptions of data that has been released to the public. If you have any questions or would like some more information. please do not hesitate to contact me. Deb Gilvesy (cell) (519)983-2887 120 Thames St., Ingersoll 523 Broadway. Tillsonburg TOWN OF TILLSON BURG Public Meeting for the Council Meeting of January 14, 2013 Record of Attendance NAME ADDRESS PHONE E-MAIL (Please Print) (Including Postal Code) ~~tl \~~ l ~VY\L bl'-lcl-Q..~~ Stcr. ~ 3·3. 4.7)-o. f.J~{J ~'&1 ~~~ 3,? ;::: ,);1 / /Z.S c:::::.~ I ~~ 968t>-f?1 1/ ) / ~ - \ j 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. Town Council Re: Public notice Section 34 (12) ofthe planning act R.S.O. 1990 as amended File number: ZN 7-12-09 Victoria Wood Tillsonburg GP Inc. I Hayhoe Homes Dear Town Council, RECEIVED JAN 14 2013 I am writing this letter as a concerned citizen ofTillsonburg and a resident effected by the new housing development on Colin Avenue. My wife Heather and I have three active boys who are ages 5, 3 and 1 and our family has been living at 17 Trottier Drive Since 2010. Over these past three years we have enjoyed this neighbourhood and the neighbours we share it with. Here we have a healthy mix of young families, middle aged folks and seniors. However, a constant concern of ours is the traffic coming off of Baldwin Street and on to our street. The curve that is just past Trottier park is a location that we have seen cars speeding, well over the residential speed limit. If you were to stand for a few minutes on our front lawn you would soon recognize the hazardous speeds at which people travel through our section of Trottier Drive. In this past year I have even had to report one of the school bus drivers that passes through because of excessive speeds as I have walked on the road with my children. Since there are no sidewalks on our section of Trottier Drive, my children and I are forced to either walk on the easement of our neighbours' front lawns or on the road itself-to and from Trottier Park or my oldest son's bus stop at Colin Avenue. Many times we have had to move quickly to maintain a safe distance from a speeding car. As a parent I am most concerned about the safety of my children and often lament the fact that we cannot enjoy the safe passage that a sidewalk provides. I am assuming that sidewalks will be included in the plans for Colin Ave. and I also recognize that a pedestrian path to Trottier Park is also provided for the safety of Colin Avenue residents. I am against the increase in the number of lots due to the increase in the amount of traffic that will occur on Trottier Drive. The increase of traffic on Trottier Drive that will result from the Colin Avenue development will only serve to increase my concerns for the safety of pedestrians. My recommendation is that the Town of Tillsonburg provide the same measure of pedestrian safety to the residents of Trottier Drive as will be provided for the residents of Colin Avenue by constructing new sidewalks on Trottier Drive AND/OR providing an alternate access to Colin Avenue from Quarter Town Line Rd. This will provide a greater measure of safety for our neighbourhood and ensure that pedestrians, like my three children, have safe passage on our street. Sincerely, Rev. Steven Am orin 17 Trottier Dr. Tillsonburg, ON N4G4P6 COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: January 14, 2013 RESOLUTION NO.: 1 MOVED BY: RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of January 14, 2013, be adopted. @] Carried D Defeated D Deferred D Tabled D Recorded ~ Mayor's Initials Vote