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131015 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Tuesday October 15, 2013 6:00PM Council Chambers Chair: Mark Renaud 1: I I ' MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Council Meeting on Tuesday October 15, 2013 06:00PM Council Chambers Chair: Mark Renaud Orders of the Day: CALL TO ORDER The meeting was called to order at 4:30 p.m. ATTENDANCE Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Darrell Eddington, Director of Finance REGRETS Mayor John Lessif Rick Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk ADOPTION OF AGENDA Page 1 of 12 101513 Link to Agenda: C http ://notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of 12 The County Director of Public Works provided a presentation on infrastructure renewal, asset replacement, future needs and rates. DELEGATIONS 2. Megan Spencer, Tillsonburg Youth Leadership Grant Recipient C Presented By: Megan Spencer Megan Spencer reported on her experience as a grant recipient from the Town. 3. Allen Street Residents Concerns Regarding A & WAll Noise Levels tJ, Presented By: Reverend Andy Brynjar The residents are opposed to the 24 hour drive through as the noise levels at all hours of the night interfere with their quality of life. Request that a barrier like unit be required along the property line to reduce the noise or that the hours of business be reduced to close at 11:00 p.m. 4. Young Street School Bus Route Concern C. Presented By: Andrew Gradish Parents and guardians are concerned that the bus stop is not safe for their children. They have requested this issue be changed with the school, school board and the bus company. They are requesting that Council ask the school board to provide a safe place for their children to be picked up for school. Staff to send a letter to student transportation services for the school board requesting that they review this issue and provide a safe place for children to be picked up. Staff to review the crossing guard issue at that location as well to determine if a crossing guard is required. 5. THI Economic Evaluation Model. C. Presented By: Will Hayhoe, Hayhoe Homes To speak to item No. 20, FIN 13-41 THI Economic Evaluation Model Request that the Town move forward with recoveries for hydro services and contribute approximately $1500 per residential service. Council can suggest that THI review this matter and reconsider this calculation to look at a further compromise. The Finance Regulatory Affairs Manager responded to Mr. Hayhoe's request and clarified that when the model rate is lowered it becomes a subsidy. The OEB has not come back to the Town regarding changing the THI model which has been used for a number of years. Moved By: Councillor Klein Seconded By: Councillor Getty http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205 .0%20GA/eGenda50.nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of 12 INFORMATION ITEMS 8. AMO, Bi1191-Waste Reduction Act C 9. Child Care Ontario Request for Proclamation C, 10. Royal Canadian Legion Remembrance Day Events C 11. Bancroft & Hastings Highlands Disaster Relief Committee Request Q, 12. Minister of Rural Affairs Correspondence regarding the Small, Rural and Northern Municipal Infrastructure Fund t'J, 13. June Callwood Outstanding Achievement Award for Voluntarism in Ontario e:J, 14. Ontario Lung Association Proclamation Request t'J, 15. CUPE Proclamation Request e:J, 16. Small Business Day (Oct. 25th, 2013)-Get Involved! e:J, 17. CanSIA FIT 3 Solar Update for Municipalities CanSIA FIT 3 Solar Update.pdf CHIEF ADMINISTRATIVE OFFICER 18. Solar Power Network Resolution Extension Request e:J, Presented By: CAO Resolution No. 6: Moved By: Councillor Getty Seconded By: Councillor Rosehart WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillsonburg; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of 12 1 20. FIN 13-41, THI Economic Evaluation Model tJ, Presented By: Director of Finance Resolution No. 8: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receive report FIN 13-41, THI Economic Evaluation Model as information. "Carried" 21. FIN 13-37 Purchasing Policy (!, Presented By: Director of Finance Resolution No. 9: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT the matter be deferred to the October 28th, 2013 Council meeting. "Carried" , 22. FIN 13-39 To Vest the Property Located on 3 John Pound Road C. Presented By: Director of Finance There will be a public process and staff will contact the adjacent land owner to determine their interest in the property. Resolution No. 10: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive report FIN 13-39, To Vest the Property located on 3 John Pound Road; THAT Council authorize the Treasurer to vest the property on 3 John Pound Road, Part of Lots 1463 & 1464, Plan 500, into the ownership of the Corporation of the Town ofTillsonburg; THAT the outstanding taxes be written off as uncollectible; AND THAT the property located on 3 John Pound Road be declared surplus. "Carried" 23. FIN 13-42, Ground Lease Acknowledgement(], Presented By: Director of Finance Resolution No. 11: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receive report FIN 13-42 Ground Lease Acknowledgement Agreement; AND THAT By-Law 3766 be brought forward for Council consideration. http ://notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/?0 1 ~ MINUTES: Meeting for the Committee "Open Council" Page 9 of 12 Resolution No. 14: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report OPS 13-25 Park Place Subdivision-Completion of Surface Asphalt and Miscellaneous Site Works as information. THAT the tender for Park Place Subdivision-Completion of Surface Asphalt and Miscellaneous Site Works be awarded to Coco Paving Inc. of London, Ontario at a cost of $90,959.07 (HST included). "Carried" 27. OPS13-26 -2013-2014-Municipal Parking Lot and Airport Snow Removal C. Presented By: Director of Operations Resolution No. 15: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receives Operations Services Report OPS13-26" AND THAT "Quotation for Part A -Snowplowing for the Municipal, Police & Fire Services Parking Lots for the 2013-2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd. oflngersoll, ON." AND THAT "Quotation for Part B -Snowplowing for the Tillsonburg Regional Airport Runway for the 2013 -2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd., oflngersoll, ON." "Carried" STAFF INFORMATION REPORTS 28. FIN 13-38 RFP for Audit Services lJ, Resolution No. 16: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receive report FIN 13-38, RFP for Audit Services as information. "Carried" COMMITTEE MINUTES & REPORTS 29. CL13-20 Additional Committee Appointments lJ, Presented By: Clerk http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 11 of 12 BY-LAWS significant social, environmental and economic benefits to the County of Oxford and its lower-tier municipalities; AND THAT a landfill land use not be permitted on these rehabilitated lands. The motion was withdrawn by the mover. Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT Staff provide a report to clarify this process prior to dealing with their request for support on the rehabilitation of the Quarry area in the County of Oxford. "Carried" 32. By-Laws for the Meeting of October 15, 2013 Resolution No.20: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT By-Law 3766, To Authorize a Ground Lease Acknowledgement Agreement with RMM Tillsonburg Centre Property Inc. eJ, By-Law 3763, To Appoint Additional Members to Various Committees C By-law 3767, to confirm the proceedings of Council at its meetings held on the 15th day of October, 2013 C. be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 21: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT By-Law 3766, To Authorize a Ground Lease Acknowledgement Agreement with RMM Tillsonburg Centre Property Inc. By-Law 3763, To Appoint Additional Members to Various Committees By-law 3767, to confirm the proceedings of Council at its meetings held on the 15th day of October, 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" ITEMS OF PUBLIC INTEREST http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/20 15 MINUTES: Meeting for the Committee "Open Council" Page 1 of7 Review Access: Public Orders of the Day: MINUTES Town ofTillsonburg Council Meeting on Monday September 23,2013 06:00PM Council Chambers Chair: John Lessif 092313 Link to Agenda: e:J, CALL TO ORDER The meeting was called to order at 6:00pm ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Beres THAT the Agenda as prepared for the Council Meeting of September 23, 2013, be adopted. "Carried" MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes ofthe Meeting of September 23,2013 e:J, Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Beres http://notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of7 PRESENTATIONS 5. Residential Marketing Update Presented by Colleen Pepper Residential Marketing Update.pptx Ms. Pepper presented to Council regarding updates on marketing including the Discover Tillsonburg website, truck advertisements, radio advertisements, and ads in New Horne and Condo Guide. INFORMATION ITEMS 6. AMO Report August 2013 CJ, 7. SWEA Transportation Resolution Request CJ, Resolution: Moved By: Councillor Stephenson Seconded By: Beres WHEREAS the communities of Southwestern Ontario are alarmed at the declining level of passenger transportation options available in the region. WHEREAS the Southwest Economic Alliance (SWEA) Regional Transportation Advocacy Initiative Committee held a meeting on Thursday, August 8th, 2013 at which it developed an Action Plan for the initiative and its key objectives. NOW THEREFORE BE IT RESOLVED THAT COUNCIL ENDORSES THE FOLLOWING: 1. Cutbacks to VIA Rail passenger service in Southwestern Ontario are a central and critical issue and SWEA, on behalf of the communities of the region, should: c. Demand re-investments and service enhancements in the short term. d. Advocate, for a renewed commitment to passenger rail service across Canada. 2. Lack of inter-city transportation options within the region is an equally critical issue. The following are the key requests that SWEA shall make to the provincial government on behalf of the communities of the region: d. That the provincial government support demands to improve VIA Rail services along both main lines. e. That the provincial government immediately address regional passenger transportation issues beyond the current Greater Toronto and Hamilton Area focus f. That the provincial government support the establishment of an all-party committee of the Ontario legislature to immediately study regional transportation needs in Southwestern Ontario. "Carried" 8. City of Ken ora -Provincial Ban of Flying Lanterns CJ. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 5 of7 Presented By: Director of Finance Staff to do an RFP in first quarter 2014, for the purposes of reviewing Audit Services. Resolution No.6: Moved By: Councillor Stephenson Seconded By: Beres THAT Council receive report FIN 13-36, Extension of Audit Services Contract; AND THAT the audit services contract with Scrimgeour & Company be extended to December 31, 2013 at the current level of fees adjusted for CPI, if any. "Carried" PARKS & RECREATION SERVICES 14. PRS 13-18-Bridges at Tillsonburg Toboggan Renewal2013-2014 C Presented By: Rick Cox Resolution No. 7: Moved By: Councillor Beres Seconded By: Klein THAT Council receive Report PRS 13-18 Bridges at Tillsonburg Tobogganing Agreement Renewal2013-2014; AND THAT Council authorize staff to operate the facility for the 2013-2014 season. "Carried" 15. PRS 13-20-Lake Lisgar Waterpark Report E:l Presented By: Rick Cox Resolution No.8 : Moved By: Councillor Beres Seconded By: Klein THAT Council receive PRS 13-20 Lake Lisgar Waterpark Report; AND THAT Staff will provide follow-up as part of the 3rd Quarter Report. "Carried" 16. PRS 13-21-Pioneer Cemetery Plan C Presented By: Rick Cox Resolution No.9 : Moved By: Councillor Klein Seconded By: Beres THAT Council receive Report PRS 13-21 Pioneer Cemetery Plan;. http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 19/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 7 of7 I NOTICE OF MOTION BY-LAWS 20. By-Law 3764, to Confirm the proceedings of Council at its meetings held on the 23rd day of September, 2013 C. Resolution No. 13: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3764, To Confirm the Proceedings of the Council Meeting of September 23, 2012, be read for a first and second time and this constitutes the first and second reading thereof; AND THAT By-Law 3764, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:27pm. "Carried" Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Thursday September 26,2013 11:12 AM) Town of Tillson burg http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 19/06/2015 Oxford County Water & Wastewater Rate Study Presentation to Tillsonburg Town Council Tuesday, October 15, 2013 HEM, SONd lxf~sf?!!i!!Xgether Consu t1ng Lt . Key Assumptions • Water and Wastevvater operating expenditures are based on the County's most current projections • The analysis takes into account infrastructure renewal (e.g. non-growth related) capital projects only • Asset replacement reserve contributions are incorporated into the user rate calculation in accordance with County policy 3 (./) c 0 (./) ·-!i..... 0 Q_ E 0 u \0 0 N • '"~ 2013 Monthly Commercial Urban Rate $30,000 I I ... $25,000 Cl) -I'CI ~ Cl) -Ill $20,000 I'CI 3: 'C c I'CI ... $15,000 Cl) -I'CI 3: -0 $10,000 -Ill 0 0 Ri $5,000 ::II c c <C $0 Comparison 2013 Water and Wastewater Rate Comparison for a Typical Commercial User (1> $26,607 - e} 0 0~ ~o<:. ~ ~ {S-() <Q''lf ~o'o C:J~'lf Municipality ~1>-<::\ C:J' .. oov ~'lf ~(j wo C:J~'lf ~C>.> ~ 0 -<.~Cj 00(;,- 0~ v 7 Tillson burg Water Expenditures 1) Operating Total Annual Gross Operating Expenditures Capital Annual Capital Renewal Expenditures ~.-" --·-. .,-.. . .. ~-.!'Jo~~C3r<>1Nfn.~~~~t~<r~~~~~,,~~~~j§·tt~~: .. Debenture Requirements (to pay for capital works) Other Contributions (e.g. from customer) Subtotal Capital B) Asset Replacement Reserve Contribution Net Contribution to/(from) Reserves Total Capital Expenditures Total Annual Expenditures Total Other Non-User Rate Revenues Net Rate Funding Requirement 2013 Budget 2014 Projected 2015 Projected 2016 Projected $ 2,450,358 1 $ 2,2oo,ooo $ 2,266,ooo $ 2,406,582 21% $ -I$ $ - $ $ 2,755,ooo I $ $ (2,308,158)1 $ $ 446,842 I$ -10% 3% 6% 1~~-~;~~~~.§ '1,,~1~i~~Q,_:~: .. ·~·,··ali7·~i\~ $ (900,000) $ $ - $ 195,000 $ 148,000 $ 583,511 $ 712,994 $ 778,511 $ 860,994 $ 697,000 179,922 876,922 $ 2,897,2oo 1 $ 2,978,511 $ 3,126,994 $ 3,283,504 $ - ' $ -$ -$ $ 2,897,200 I $ 511 $ 3,126,994 $ 3,283,504 9 Tillson burg Water Key Indicators 1 ) Reserve Fund Continuity Schedule 2013 2014 2015 2016 Opening Balance $ 2,707,725 $ 399,567 $ 983,078 $ 1,696,072 Transfer from Reserves $ (2, 755, 000) $ (195,000) $ (148,000) $ (697,000) Transfer to Reserves $ 446,842 $ 778,511 $ 860,994 $ 876,922 Net Contribution tol(from) Reserves $ (2,308, 158) $ 583,511 $ 712,994 $ 179,922 Ending ealance $ ... - i $ !lS~,ot~ $ .1.~~~.0!? $ . ~-·~7~,994 . . 39~~5~!.: 2013 2014 2015 2016 2) Budget Projected Projected Projected Charge Per Typical Metered House (270m3/year) Fixed Charge $ 213 $ 224 $ 235 $ 247 Consumption Charge $ 218 $ 225 $ 233 $ 241 Annual Charge Per Typical Household $ 431 $ 449 $ 468 $ 488 Annual Increase per Typical Household(%) 7% 4% 4% 4% Charge Per Typical Commercial (618m3/month) Fixed Charge (2" meter) $ 618 $ 649 $ 681 $ 716 Consumption Charge $ 7,491 $ 7,753 $ 8,024 $ 8,305 Annual Charge Per Typical Commercial $ 8,109 $ 8,402 $ 8,705 $ 9,021 Annual Increase per Typical Cornrnercia/ (%) 7% 4% 4% 4% Charge Per Typical Industrial (2500m3/month) Fixed Charge (3" meter) $ 2,345 $ 2,462 $ 2,585 $ 2,714 Consumption Charge $ 27,754 $ 28,726 $ 29,731 $ 30,772 Annual Charge Per Typical Industrial $ 30,099 $ 31,188 $ 32,316 $ 33,486 Annual Increase per Typical Industrial ("/o) 7% 4% 4% 4% Charge Per Typical Industrial (10000m3/month) Fixed Charge (6" meter) $ 4,476 $ 4,700 $ 4,935 $ 5,182 Consumption Charge $ 106,954 $ 110,698 $ 114,572 $ 118,582 I Annual Charge Per Typical Industrial $ 111,430 $ 115,398 $ 119,507 $ 123,764 Annual Increase per Typical Industrial ("/o) 7% 4% 4% 4% note: excludes special charges (CSAP, 170 upgrade & proposed Source Water Protection Program) 11 Tillsonburg Wastewater Expenditures Total Annual Gross Operating Expenditures Capital Annual Capital Renewal Expenditures 2013 Budget 1% 2014 Projected 1% 2015 Projected 2% 2016 Projected ·.f#~~x~~~--~~~i~2~j~~11~~}~.~~~·:;x~E5;~:;:;il .. :,_·.;~~12~~2~~~·y.;l:luw10J~~~1l~~~:~j~:~f~~~~~~~~®"~:~.1~-.. I~3~~t-~$~.J;· Debenture Requirements (to pay for capital works) $ - $ - $ - $ Other Contributions (e.g. from customer) Subtotal Capital B) Asset Replacement Reserve Contribution Net Contribution to/(from) Reserves Total Capital Expenditures Total Annual Expenditures Total Non-User Rate Revenues Net Rate Funding Requirement $ -I$ $ 30o,ooo I$ $ 1,652,171 $ $ 1,952,171 $ $ 3,511,300 $ $ • $ $ 3,511,300 $ $ $ 240,000 $ 757,700 $ 1,137,700 1,784,868 $ 1,494,965 $ 1,415,701 2,024,868 $ 2,252,665 $ 2,553,401 3,606,070 $ 3,870,672 $ 4,164,536 • $ • $ 3,606,070 $ 3,870,672 $ 4,164,536 13 1 ) 2) Tillson Burg Wastewater Key Indicators Reserve Fund Continuity Schedule 2013 2014 2015 2016 Opening Balance $ 5,221,686 $ 6,873,857 $ 8,658,725 $ 10,153,690 Transfer from Resetves $ (300,000) $ (240,000) $ (757, 700) $ (1, 137, 700) Transfer to Resetves $ 1,952,171 $ 2,024,868 $ 2,252,665 $ 2,553,401 Net Contribution tol(from) Reserves $ 1,652,171 $ 1,784,868 $ 1,494,965 $ 1,415,701 Endlllg -~Ian_~ --·--------------·-·-·-----·--·----. ' ___ ~h@7~.§~7J_, ___ s;Q~•J2~ _' ~~Mf;,3,$~Q $ 11~~~~as1 2013 2014 2015 2016 Budget Projected Projected Projected Charge Per Typical Metered House (270m3/year) Fixed Charge $ 196 $ 219 $ 246 $ 275 Consumption Charge $ 294 $ 305 $ 315 $ 326 Annual Charge Per Typical Household $ 490 $ 524 $ 561 $ 601 9% 7% 7% 7% Charge Per Typical Commercial (618m3/month) Fixed Charge (2" meter) $ 568 $ 636 $ 713 $ 798 Consumption Charge $ 8,098 $ 8,382 $ 8,675 $ 8,979 Annual Charge Per Typical Commercial $ 8,666 $ 9,018 $ 9,388 $ 9,777 Annual Increase per Typical Commercial (%) 9% 4% 4% 4% Charge Per Typical Industrial (2500m3/month} Fixed Charge (3" meter) $ 2,155 $ 2,414 $ 2,704 $ 3,028 Consumption Charge $ 32,347 $ 33,479 $ 34,650 $ 35,863 Annual Charge Per Typical Industrial $ 34,502 $ 35,893 $ 37,354 $ 38,891 Annual Increase per Typical Industrial ("A>) B% 4% 4% 4% Charge Per Typical Industrial (10000m3/month) Fixed Charge (6" meter) $ 4,115 $ 4,608 $ 5,161 $ 5,781 Consumption Charge $ 128,647 $ 133,149 $ 137,809 $ 142,633 Annual Charge Per Typical Industrial $ 132,762 $ 137,757 $ 142,970 $ 148,414 Annual Increase per Typical Industrial(%) 9% 4% 4% 4% 15 $140.00 $120.00 $100.00 $80.00 $60.00 $40.00 $20.00 $- Proposed Monthly Residential Combined Rates (Incl. County Programs) ~ ~0:> rJ-~0 ~0 ~~ ~~ .o:-.~ro *" 0 ~Cj ~ ~0 ~ ~ eJ. ~ ~'>: ~'>: ~o0 ~cf 0 ~ oC3 <::J..:::;· ~~ ~~ 0~ ,~cs r-:,0 0 ~ ,~~ .;,.~ ~0 ~'flj ~flj (?)-~ "'~ ~0 ~0 ~~ •2013 2014 •2015 •2016 17 What We Have Heard • Wastewater abatement • Reserve targets • Confusing water and wastewater charges • Aesthetic water quality concerns in a few communities • Source Water Protection • When is Tillsonburg WWTP upgrade required? 19 LINDPBOP COBP. &US ULlJE WILLOW ))R., WOOUDRIDGE, ONTARIO IAL Ol<JS l'EL: (905) 265-1976 EXT. 22 FAX: (905) 265-1979 July 26 2013 Eric Gilbert Community Planner County of Oxford 21 Reeve Street, Woodstock, On N4S 3G1 Dear Sir: Re: Extension of draft approval North Street Tillsonburg Further to your email message of July 25 2013, we enclose cheque for $430.00 being the fee charged by the County. We klndly request that the draft approval for our development be extended for the period of two years. The extension is needed to allow for the necessary external works to be completed by the County so that our site can be fully serviced. Please let us know if you require more information. ~~-----------------COUNTY OF OXFORD COMMUNITY AND STRATEGIC PLANNING OFFICE ~.~/ r?~~~~o~f? ~· .. '1 U U i:J \YJ l!:J U Ll L~ R~.Ft:-1 TO---·---- FilE ·--~J'.:::_.o/ OO(P _ OTHEFl ·----------·--------·-- Report No: CASPO 2013-273 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 support of the proposed extension is requested in order for the County to grant an extension of the approval period. SIGNATURE "Eric Gilbert" Eric Gilbert, MCIP RPP M.Sc, Development Planner Approved for submission: "Gordon Hough" Gordon K. Hough, MCIP, RPP Director Community and Strategic Planning ATTACHMENTS Plate 1, Location Map with Existing Zoning, August 13, 2013 (EG) Plate 2, Draft Plan of Subdivision, September 12, 2013 (EG) Page 3 of 3 Plate 2-Draft Approved Plan of Subdivision File No.: 32T-07006-Lindprop Corporation Part lots 4 & 5, Concession 10 (Dereham), Town of Tillsonburg ~,.~---J.--7--L ... LJ.:.:_:_:t_ __ L __ _l_=[ _ _l_;..hJ+j ~ f~'-L~--:CJ., -~/ ~-=-.ZZ-~~ u . :~: ·-·-: :: ·=-~~~ --~~~--_~_-·_-. -~~ .. .. 0 0 D 0 ~:_~0 0 I ~ DRAFT PLAN OF SUBDIVISION Part of Lots 4 and 5 Concession 10 Town of Tillsonburg County of Oxford LAND USE SCHEDULE AAi:A(ha.) ADDITIONAL INFORMATION (UNDERSE<:TlOK51(17)0Fil1EP!MNI~ACn INFORW.llONRHlliiRfDBYClAliSES•b.<d,e,l,gJ•ndiARfASSHOWHONDRAFTPI.AN. h)M~-IlWf I)S..d,lllldy. k)Aim..,ldpcliiiM:or•ureq..,..~.......,.- OWNER'S CERTIFICATE IAUTWORUE THEGSPGROuPINC, 10 PREP~ MO SUD~Il THIS IHISOAAFT P!MO~ ~og:~ltmTOANOSWMITlHISTHIS ORAFTP\ANOF SUBOMSIOKTOniECOUNT'I OF ffii£;.'": 1 talx{grdCount}! .,. growing stronger. .. together Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 To: Mayor and Members of Tillsonburg Council From: Gordon Hough, Director, Community and Strategic Planning Eric Gilbert, Development Planner, Community and Strategic Planning Recommended Options for Regulating the Location of Methadone Clinics and Dispensaries in Tillsonburg RECOMMENDATIONS 1. That Town of Tillsonburg Council direct staff to proceed with formal public meetings regarding amendments to the Official Plan and the Zoning By-law for the purpose of implementing Official Plan policies and zoning provisions to regulate the location of methadone clinics and methadone dispensaries in accordance with the recommendations contained in Report No. 2013-261. REPORT HIGHLIGHTS • Methadone Maintenance Treatment (MMT) has been recognized as an effective and legal substitute for treatment of opioid addiction. • This report will recommend proposed amendments to the Official Plan and Zoning By-law to provide a sound basis for regulating the location of methadone clinics and dispensaries in the Town of Tillsonburg. • This report will recommend land use planning tools, including Official Plan Policies and Zoning By-law provisions to regulate where methadone clinics and/or methadone dispensaries may locate in the Town. DISCUSSION Background The issue of methadone clinics and dispensaries has been the subject of considerable discussion within Ontario municipalities for several years. Concerns regarding public safety, business interests and community health issues have been raised through this discussion. Municipalities such as the City of Windsor, City of London, City of Oshawa, City of Pembroke, City of Quinte West and the City of Woodstock have deliberated over the appropriate municipal response to the establishment and operation of methadone clinics and dispensaries in their communities. Page 1 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 This report will provide additional input regarding the experience of other municipalities with respect to regulating MMT facilities and provide Council with options and recommendations regarding amendments to the Official Plan and Zoning By-law in this regard. For Council's information, a Public Information Session was hosted by staff at the Town Council Chambers on July 23, 2013. Notwithstanding a broad newspaper advertisement several weeks in advance of the meeting, attendance at the meeting was limited and included only a representative from a social service agency and one member of the public, in addition to Town and County staff. Comments Methadone and Methadone Maintenance Treatment Methadone is a synthetic opioid drug that is an effective and legal substitute for treatment of opioid addiction. The term opioid is used to collectively describe a broad range of natural and synthetic opioid (i.e. narcotic) substances, including heroin, morphine, codeine, oxycodone (i.e. Percodan/Percocet) and Demerol. Opioid substances are exceedingly habit-forming and physically addictive and their untreated use is correlated with significant social harms and costs in Canada. Methadone is the most commonly used drug to treat opioid addiction. It is ingested orally, has fewer side effects than many opiates and has a long 'duration of action' which largely eliminates the euphoria associated with most other opioids (legal or prescribed). The use of methadone as a treatment is effective in that it reduces or inhibits the symptoms of opioid withdrawal and enables an individual to function normally and perform mental and physical tasks without impairment. Methadone is a narcotic and as such, regulated by the Federal Government as a controlled substance. In order to prescribe methadone, a physician must apply for a specific exemption to do so under Section 56 of the Controlled Drugs and Substances Act. Further, in this province, the College of Physicians and Surgeons of Ontario (CPSO) requires that all physicians that prescribe methadone in Ontario complete specific training in this regard. Methadone Maintenance Treatment (MMT) was developed in recognition of the need to provide people who inject drugs with an alternative that reduces the risks of blood borne infection (i.e. hepatitis, HIV) and also reduces the impact of personal and property crime as a means to raise funds needed to sustain illicit opiate use. A review of the scientific evidence supporting MMT that appears in the CPSO guidelines for MMT notes that methadone reduces risks of death among opiate users, decreases overall drug use and reduces crime. The CPSO expects that all persons commencing MMT have a urine drug screen to confirm that they are taking opiates and are not already receiving methadone. All persons receiving MMT begin by attending a designated pharmacy/clinic each day to receive dosage. Patients may also be required to consult with a physician daily or weekly, thereby enabling observation of the patient. Page 3 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 The Oxford County Public Health and Emergency Services Department (PHES) provided the following response to the Town's request for feedback on methadone clinics and methadone dispensaries: "The benefits of access to addiction treatment modalities, including substitution therapy such as MMT have been studied extensively in many populations. According to the literature, MMT has the best record for retaining clients in treatment for their drug addiction (Rich, McKenzie, Shield, Wolf, Key, Poshkus and Clarke, 2005). As well, continued MMT during pregnancy is associated with earlier prenatal care, improved neonatal outcomes and reduced prematurity, which has subsequently resulted in reduced mortality rates (Burns, Mattick, Lim & Wallace, 2006). The PHES response also included a direct quote from a 2007 report by Dr. Elizabeth Richardson, Medical Officer of Health for the City of Hamilton, to the City's Board of Health. "Given that methadone is a federally regulated controlled substance, that physicians who prescribe this must apply for a specific federal exemption and, in the case of MMT, provide evidence of additional training to the [Ontario] College of Physicians and Surgeons. The provision of MMT is a medical act not unlike any other doctor-patient encounter [and] the scope for municipal action with regard to methadone, beyond supporting and encouraging those who may benefit from drug treatment to access .... treatment services, currently appears limited. Council could contemplate an effort to use zoning or by-laws to dictate the location or spectrum of services offered by physicians in the community, however, the imposition of licensing or zoning restrictions for physicians could create a perception of Hamilton as an unattractive place to locate physician's practices and thus, contribute further to the challenges of recruiting and retaining physicians in Hamilton." Lastly, given the evidence to date regarding the positive outcomes of MMT, it is important that policy makers ensure accessibility to addiction care and treatment in the community. OTHER MUNICIPAL EXPERIENCE: The issue regarding the establishment of methadone clinics and treatment facilities has been raised in numerous communities across Ontario in recent years. The following has been drawn from a recent report (August 2011) prepared for the City of Quinte West Planning Advisory Committee, which outlined the experience of several Ontario communities with respect to the regulation of methadone clinics. City of Oshawa The City of Oshawa's experience with respect to methadone clinics dates to the early 2000s. The land use planning regulations that were originally proposed in this regard were tested at the Ontario Municipal Board (OMS) and were refused. The City has since established zoning regulations which limit methadone clinics to certain parts of the downtown area. The clinic that was permitted to establish on the City's main street in the downtown area (resulting from the above-noted OMS decision) has been operating for a number of years. The Quinte West report indicates that the primary complaints received by the City with respect to this facility relate to the gathering of MMT participants outside the clinic. In response, this clinic is planning to expand the indoor waiting area, however, it was also noted that the 'gathering' problem at this clinic had been minimized to some degree via the opening of additional clinics in the City. Page 5 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 The above-noted amendments to the City of Windsor Official Plan and Zoning By-law were appealed to the Ontario Municipal Board, however, these appeals were withdrawn prior to a hearing being held by the OMB. These amendments are now in effect. City of Pembroke The City of Pembroke comprises a population of approximately 15,000 (not including the larger census area) and has a methadone clinic located in its downtown. According to the Quinte West report, there was considerable controversy surrounding the clinic prior to its establishment. Similar to Tillsonburg's situation, a methadone clinic was not differentiated from a 'medical clinic' and as such, there was no zoning mechanism by which to prevent the establishment of the use. Since that time, the City's Zoning By-law was reviewed and amended to identify a 'drug addiction clinic' as a separate and distinct use from a 'medical clinic'. A 'drug addiction clinic' is not permitted in any zone and as such, any proposal to locate such a use in Pembroke requires an amendment to the Zoning By-law. City of Quinte West The City of Quinte West (which includes Trenton) has recently adopted amendments to its proposed new Official Plan that would assist the municipality in regulating the location and operations of MMT facilities. The policy approach used by Quinte West includes the identification of specific areas where new and expanding methadone clinics would be permitted. The policy would be implemented in the City's Zoning By-law through the use of holding provisions that would require the establishment of any new or expanded facility to undertake a Land Use Planning Analysis in support of the use. Further, and similar to provisions that were adopted in Windsor, the By-law would include provisions that would impose setbacks from various sensitive land uses as well as other similar clinics. The Quinte West approach also includes the requirement for parking for any MMT facility, whether or not it is located within a parking exempt area. City of London The City of London passed an Interim Control By-law or ICB (similar to the By-law passed by the Town of Tillsonburg) regarding methadone clinics in November 2010. The By-law was appealed to the Ontario Municipal Board by a company that operates 33 clinics across Ontario. In a decision rendered in June, 2011, the OMB held the City's ICB to permit the City an opportunity to study the impacts of methadone clinics prior to the establishment or expansion of any new facilities. A report prepared by City of London staff in February 2012 in support of proposed amendments to London's Official Plan and Zoning By-law summarized a number of 'critical observations' made by the OMB regarding the above-noted ICB which are relevant to Tillsonburg's consideration of this matter. The OMB's decision regarding the ICB determined that the definitions employed by London for both Methadone Clinics and Methadone Dispensaries were reasonable in the context of the ICB and further, that these facilities were appropriately considered to be a land use. London's background research, as presented at the hearing regarding the ICB, provided the OMB with persuasive evidence establishing the relationship between behaviour issues and activities Page 7 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 -further defining locations by implementing separation distances between MMT facilities and sensitive land uses such as schools and libraries and, where appropriate, other MMT facilities; -developing Official Plan policies and evaluation criteria for consideration of establishing MMT facilities within the areas as defined above; and -developing appropriate Zoning By-law provisions and other processes to implement the intent and purpose of the above-noted Official Plan policies. The City of London adopted amendments to their Official Plan in March 2012. No appeals regarding these amendments were filed and the amendments are currently in force. The City of London has since processed zoning by-law amendments to permit new and expanded methadone clinics and methadone pharmacies in accordance with the above policies. City of Woodstock Woodstock Medical Pharmacy, also known as Clinic 461, is located at 461 Dundas Street in downtown Woodstock and has existed at this location since January 2005. According to information gathered by the City of Woodstock, Clinic 461 includes both a dispensing pharmacy and a medical suite, the latter of which is used by physicians to meet with patients and issue prescriptions for methadone. While physicians attempt to assist patients with their addictions through some level of counselling, such counselling is not offered as a primary service due to the work load associated with the facility. Clinic 461 is the only clinic of this type in Oxford County and it serves the needs of the majority of persons in Oxford that are undergoing MMT. The Downtown Business Improvement Area and a number of commercial operators in the City's downtown expressed concern to City Council regarding the location of a methadone dispensary in the City's commercial core. In response, City staff consulted with a number of key stakeholder groups regarding the presence and operations of Clinic 461 on Dundas Street and presented a report to Council in this regard in October 2008. In March 2012, Woodstock City Council directed staff to begin the process of amending the Official Plan and City Zoning By-law to regulate new and expanding clinics through land use planning. City and County Planning staff consulted with the Clinic operators, social service agencies, and other stakeholders and held public open houses to solicit input from the community in general. In December 2012 and January 2013, Woodstock City Council and Oxford County Council approved amendments to the Official Plan and City Zoning By-law. The amendments to the Official Plan introduced policies to assist the City in regulating the location of methadone clinics and dispensaries within Woodstock. The OPA identified methadone clinics and methadone dispensaries as being distinct from the broader range of medical clinics and facilities and generally limited the location of such facilities to the following land use designations as contained in the Official Plan: Central Business District Regional Commercial Node Neighbourhood Shopping Area Service Commercial Business Park MMT facilities have been specifically excluded from the Entrepreneurial District (ED) portion of the Central Area and are not permitted on any lands having frontage on Dundas Street, between Vansittart Avenue and Beale Street. The purpose of excluding MMT facilities from the ED designation was to provide general 'buffering' between potential MMT facilities in the Central Page 9 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 A medical centre is currently permitted as of right in the following zones: 'Entrepreneurial Zone (EC)', 'Central Commercial Zone (CC)', and 'Major Institutional Zone (IN2)'. ISSUES AND OPTIONS FOR TILLSONBURG: An extensive review of material and reports undertaken by numerous municipalities make clear that opiate addiction is a significant concern across Ontario and that Methadone Maintenance Treatment (MMT) programs have proven to be successful in reducing opiate use and assisting those with addictions in reducing their dependence on illegal and prescription medications. Further, while the above-noted research provides considerable insight into the broad issues surrounding MMT and related facilities, the purpose of this report is to focus on those issues that are land-use related and propose solutions that would assist the Town in mitigating these concerns. Using the material that was condensed into the previously referenced Quinte West report and the Methadone Research Compendium compiled by the City of London, the key land use related issues associated with methadone clinics in general include the generation of traffic and parking congestion by the use; the gathering of program participants in the public realm (sidewalks, streets); loitering; and proximity of clinics to sensitive land uses (residential neighbourhoods, schools). Planning staff recognize that differentiating methadone clinics and dispensaries from other types of clinics is not a typical exercise that is undertaken through land use planning tools, however, this type of 'separating' is not without precedence. For example, zoning can be used to reduce operational impacts associated with restaurants by prohibiting or restricting the use of drive- through lanes within certain areas of the municipality. This differentiation is not necessarily based on scale, but on the nature of the use and its compatibility with surrounding land uses. One of the primary concerns that has been raised is the location of a potential new clinic in the centre of the main commercial and civic block of the Town, which is an area of relatively high pedestrian traffic. The policies of the Official Plan recognize Tillsonburg's Central Business District (CBD) as being the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative area for the residents of the Town as well as the southern part of Oxford County and portions of Elgin and Norfolk Counties. Further, the current policies relating to urban design and heritage within the CBD (and the broader Central Area) provide guidance indicating that new buildings and spaces will be guided by guidelines which result in a significantly enhanced pedestrian environment. Throughout the Central Area, the addition of public and private greenspace areas, street trees and usable, sunlit pedestrian areas will improve the quality of life and reflect a conscious goal to create a pedestrian environment and preserve and enhance vegetative coverage in the Town. It is expected that redevelopment and new development will improve the street condition and pedestrian ambience. It is expected that the pedestrian environment will also be enhanced by encouraging alternative modes of transportation (active transportation) through streetscaping and other functional and aesthetic improvements. The Town and County's strong commitment to Tillsonburg's downtown is further reflected in strategic initiatives related to the retail, employment and residential functions of the Central Page 11 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 ancillary aspect of the operation. The noted definitions will be incorporated into the Town's Zoning By-law, with necessary modifications, and will be used to provide adequate wording for the Official Plan to distinguish MMT facilities from the broader range of medical facilities and clinics. Existing definitions contained in the Zoning By-law regarding medical clinics and pharmacies will also be amended as necessary. Regarding the location of new or expanding MMT facilities, staff are of the opinion that such facilities should be limited to the following land use designations, as contained in the Official Plan: • Central Business District • Service Commercial Each of the above-noted areas are generally located on arterial and/or collector roads providing convenient vehicular access that does not direct traffic through residential areas. The Entrepreneurial District, which is that area more or less surrounding the Central Business District (CBD), has been excluded from the list of 'permitted' designations due to the prevalence of residential dwellings and in order to provide some general buffering between the CBD and the outlying residential areas. Further to the location of MMT facilities within the CBD, Planning staff are of the opinion that consideration should be given to excluding such facilities within that area of the CBD that is typically subject to (or planned to attract) the largest volumes of pedestrian traffic. As noted previously in this report, the Town has recently completed a Central Area Design Study with a view to establishing a comprehensive and implementable vision for the Town's downtown. This document identified that area of the CBD along Broadway Street from Baldwin St/ Oxford Street to Washington Grand Avenue as being the most 'vibrant pedestrian-oriented' precinct in the downtown. In an effort to avoid potential parking and pedestrian congestion issues that have been experienced in larger centres (such as London), in those areas of the Town's downtown where the flow of pedestrian traffic has been identified as a defining asset with respect to long-term health and vitality, this Office is of the opinion that restricting new or expanding MMT facilities from fronting on that area of Broadway Street as defined above, is appropriate. Planning staff are also of the opinion that the establishment of any new MMT facility or the expansion of an existing facility, should be subject to a community consultation process. As such, this Office recommends that MMT facilities only be permitted via an amendment to the Town's Zoning By-law, subject to consideration by Council of the following criteria: sites will generally be located on or in proximity to an arterial or collector road where traffic and parking generated by the use to limit disturbance on local streets and neighbourhoods; • property boundaries for proposed methadone clinics and dispensaries must maintain a minimum distance from any elementary or secondary school or a public library; and sites must be sufficiently large to accommodate all building and parking requirements. The attached map illustrates 50 metre and 100 metre 'buffer areas' around the Town's schools and the library. Staff also considered the need to include buffers from other public facilities such as parks and pools, however, based on staffs recommendation to limit MMT facilities to only those land use designations as discussed above, there would not appear to be any particular concern that these types of facilities would be negatively affected. Page 13 of 15 Report No: CASPO 2013-261 COMMUNITY AND STRATEGIC PLANNING Council Date: October 15, 2013 policies and zoning provisions to regulate the location of methadone clinics and methadone dispensaries and that the said amendments be in-keeping with the recommendations contained in this report. For Council's information, the Interim Control By-law (ICB) passed by the Town in May 2013 which extended the original ICB for an additional year will expire in May 2014. No further opportunity exists to extend or otherwise pass an ICB for at least 3 years after the current By- law expires. SIGNATURE "Eric Gilbert" Eric Gilbert. MCIP RPP Development Planner Approved for submission: "Gordon Hough" Gordon K. Hough, MCIP, RPP Director Page 15 of 15 ) The Corporation of the Town of Tillsonburg By-law Number 3. That Section 5.0 to By-law Number 3295, as amended, is hereby amended by adding the following subsection at the end thereof: 5.18 METHADONE CLINICS AND METHADONE DISPENSARIES 5.18.1 General Regulations Notwithstanding any other provision contained in this By-law that may apply, the following specific provisions shall apply to a Methadone Clinic and/or a Methadone Dispensary: (i) Parking Minimum (ii) Waiting Room Area Minimum-Methadone Clinic floor area 5.18.2 Public Hospitals 1 space per 15m2 (161 ft2) 15% of the gross Notwithstanding any other prov1s1on contained in this By-law, a Methadone Clinic and/or a Methadone Dispensary shall be permitted on any lot on which a Public Hospital is operated. 3. 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 _ day of __ , 2013. READ a third time and finally passed this_ day of __ , 2013. Mayor Clerk Official Plan Amendment No. '2013 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to implement policies in the Official Plan to regulate the location of new and/or expanding methadone clinics and methadone dispensaries in the Town of Tillsonburg. 2.0 LOCATION OF LANDS AFFECTED This amendment applies generally to the Town of Tillsonburg and as such, the amendment does not include mapping. 3.0 BASIS FOR THE AMENDMENT The policies of the Official Plan, as they pertain to the Town of Tlllsonburg, generally categorize methadone clinics and methadone .di~pensaries (collectively referred to as methadone maintenance facilities (MMT) for the purpose of this amendment) as medical centres. Such uses are typically permitted jn the Town's C~ntral Area (comprising both the Central Business District and the Eott~~l'eneurial DistriCt). Such uses may also be permitted iii residential areas where evhlv~tion criteria contained in the Official Plan for such uses is met. · The establishment of new clinics or health ca~Ja~tties is generally not permitted within the Service Commercial desi{JQ@tion or the 111~~.$,t~al designation, as contained in the Official Plan, but may be pe~~dwithin the @qr.nmunity Facility designation, which allows for a broad range of ifistitutibn@h.,ype dev~lopment that may include ancillary health care and/or clinic facilities.} ;'!";;;· The Town oLlillsbhbijrg. has und~f1akert;.,i~~'ext~psive review of the broad issues surrounding MMT and relt~ted facilitieS_iillt'@:2llave detef'l'tiined that the regulation of such facilities as a us~·distinct ft())m other fo(#i~•'of medical offices and clinics is justified from a land use planning perspective. The keyl~nd use related issues associated with MMT facilities appear to beth~ generation of tra'l!ijc and parking congestion; the gathering of program participants irHI)e public r~lill!]l (k~: sidewalks, streets) and the proximity of clinics to sensitive land uses (i.e. schotils:;}ibraries, parks, etc.). One Of the primary cQocerns thatoas been raised in Tillson burg regarding MMT facilities is the potential new of~xpanding facilities to locate within the Central Business District (CBD) at a scale that could create negative land use impacts, as outlined above. The policies of the Official Plan generally recognize Tillsonburg's CBD as being the most functionally diverse and dominant business, cultural and administrative centre within the southern portion. Of Ox:ford County and the surrounding tri-county area. Further, the current policies relating to urban design within the CBD (and the broader Central Area) indicate that new buildings and spaces will be guided by guidelines which result in a significantly enhanced pedestrian environment. Throughout the Central Area, it is recognized that the addition of public and private green space areas, street trees and usable sunlit pedestrian areas will improve the quality of life and reflect a conscious goal to create a pedestrian environment and encourage active transportation. The Town and County's strong commitment to Tillsonburg's downtown is further reflected in strategic initiatives related to the retail, employment and residential functions of the Central Area, as contained in the Official Plan. This commitment is further articulated by the development of the Tillsonburg Central Area Design Study, which identifies the area along Broadway Street between Prospect Street and Venison Street as having a 'strong main street character' with the study area's 'most prominent and - 1 - Official Plan Amendment No. '2013 Goals Policies It is the goal of the Town of Tillsonburg to plan for methadone clinics and methadone dispensaries in locations that best meet the needs of those persons who use these facilities and to minimize the potential for land use conflicts that can be generated by these uses. Methadone clinics and/or methadone dispensaries may be permitted in the Central Business District, as identified on Schedule "T-1", subject to a Zoning By-law amendment. When considering an application to amend the Zoning By-law to permit a new or expanding methadone clinic or methadone dispensary, Town Council shall be satisfied that the following criteria are met: sites will generally be located on an arterial or collector road or be within reasonable walking distanqeofsame; the property boundary of a site proposed for a methadone clinic or methadone dispensary shall· be a minimum of 100 metres (330 feet) from any elementary or.§ecotidary school property, any public library property or any proP@rty on which another methadone clinic or methadone dispensawis situated; sites must be sufficfen'tJy large to accommodate adequate parking to meet the needs of the fa~ility; any proposal for a new ol'!i~)(pandihg methadone clinic or methadone dispensary $~~11 be accomp~rti~ by a planning justification report, prepared tO.:fttE!1!!iatisfaction of"tt).e.Town, which demonstrates how the facility will be;'i~tegral,~ into the surrounding area . . Notwithstanding;tthe for~~~iog, meth~dbne clinics and/or methadone dispensaries shalt:not be;;~rmitted on any lands having frontage on Broadway. Street With_in;·lHat portion of the Central Business District between:l~aldwin Aven~e and Washington Grand Avenue. Zoning Both a metttadone·~Unic and.a methadone dispensary will be defined in the Town~s.Zoning By~law. Further, Zoning standards related to parking, waiting areas and other req~:~irements as deemed appropriate by Council shan be develo~d and incorporated into the Zoning By-law. 4.2 Section 8.3.2.3.2 ~Entrepreneurial District, as amended, is hereby amended by adding the following at the end of that portion of the subsection titled 'Prohibited Uses': • a methadone dispensary is not permitted within the Entrepreneurial District. 4.3 Section 8.3.3 -Service Commercial Areas, as amended, is hereby further amended by adding the following at the end of that portion of the subsection titled 'Permitted Uses-New Development': Introduction Methadone Clinics and Methadone Dispensaries Methadone Maintenance Treatment (MMT) represents an important component of health care delivery in the Town of Tillsonburg and the County of Oxford as a whole. Generally, methadone clinics and methadone dispensaries are those facilities of which the primary function is the prescription and/or dispensing of methadone. Such facilities are recognized as being distinct from medical clinics and offices and both -3- Official Plan Amendment No. '2013 Methadone Notwithstanding any other policy or provision contained in this subsection, Neighbourhood Serving Uses shall not include a methadone clinic or methadone dispensary. 4.6 Section 8.2.3 -Residential Areas, as amended, is hereby further amended by adding the following at the end of subsection 8.2.3.4 -Non-Residential Uses in Residential Areas: Methadone Notwithstanding any other policy or provision contained in this subsection, Non-Residential Uses in Residential Areas shall not include a methadone clinic or methadone dispensary. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the relevant implementation policies contained in the OfficiaiPian. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the relevant interpretation policies of the Official Plan. -5- TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL September 24, 2013 Bi1191, the Waste Reduction Act (WRA) Today Russ Powers, AMO President, and municipal representatives from Regional Public Works Commissioners of Ontario (RPWCO) and Municipal Waste Association (MWA) attended the start of the 2nd Reading Debate on Bill 91, the Waste Reduction Act (WRA) at Queens Park. This also allowed us the opportunity to discuss the municipal interest in the Bill with several MPPs from all three parties. In our view, the proposed legislation is a significant step forward to address the collective concerns about waste diversion in Ontario. Everyone involved has said that the status quo is not working. A critical change from the current waste diversion legislation is that Bill 91 clearly recognizes municipalities' important role and responsibilities in waste diversion. AMO supports holding individual producers responsible for the end-of-life management of their products and packages. It is our expectation that the proposed legislation would provide relief to property taxpayers by providing more industry funding for waste diversion costs. We are urging all Members of the Provincial Legislature to debate Bill 91 and allow it to go to Standing Committee soon for further consideration and refinement for the benefit of all Ontarians. As Bill 91 moves through the House we will continue to provide members with updates. For further information, here are the AMO President's letters to all Members of the Provincial Legislature and to Minister Bradley on our initial comments on Bill 91. September 23,2013 letter to MPPs 2013 AMO Submission Contact: Monika Turner, AMO Director of Policy, mturner@amo.on.ca or 416-971-9856 ext. 318. PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. August 27, 2013 Dear Elected Leaders, 80 Commerce Valley Drive, East., Suite 1 Markham, ON L3T 082 Phone: 905-739-9739 • Fax: 905-739-9740 Web: cupe.on.ca E-mail: cupeont@web.net We have written to your municipal council requesting that it endorse a day of recognition for the many people who work providing child care in your community. We would also like to invite elected leaders like you to mark the day of recognition by participating in the national "Rethink Child Care" campaign. Please find out how, below. This year will mark the 13th Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday, October 30, 2013 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the important work of child care workers and to acknowledge the contributions that child care workers make in the lives of community members. Children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible, licensed, high quality child care. The "Rethink Child Care" campaign is the result of an enthusiastic group effort of Canadian unions and child care advocates. Many families are struggling to find child care and to piece together child care they can afford. Many child care workers struggle to make ends meet. Municipalities, as you are well aware, suffer from a lack of funding for child care from both the federal and provincial levels of government. This lack of funding for early learning and child care has forced several centers to close, and others remain at risk. The objective of the national campaign is to put child care on the agenda for the federal election in 2015. The first phase of the campaign is a "Kitchen Table conversation". Kitchen Table conversations are taking place in communities across the country. Campaign materials have been developed to assist child care advocates with hosting a Kitchen Table conversation in their community-an opportunity to hear one another's stories about child care and to make connections with each other. We are asking you to host a Kitchen Table conversation in your community on or around October 30th as part of our collective effort to put child care back on the agenda. Please visit the campaign website at rethinkchildcare.ca to find out more and to access materials. Please contact Andrea Calver, Coordinator of the OCBCC at andrea@childcareontario.org or Sarah Declerck, CUPE Social Services Coordinator at sdeclerck@cupe.ca for more infonnation. Thank you for your ongoing advocacy for child care. Yours sincerely, Fred Hahn President, CUPE Ontario cc: CMSMs/DSSABs Sheila Olan-MacLean President, OCBCC :us/ cope491 ~<1Ianammt~ VARNAVAIR BRANCH 153 16 Durham St., Tllls.onburg, Onta.rlo N4G 1V7 Telephone (519) 842·528.1 Fax (519) 842·6775 October 1, 2013 Dear Sir, This is to inform you that the Tillsonbtitg Legion requires certain assistance to facilitate events surrounding Remembrance Day, 2{) 13. Our present planning is virtually identical to last year. The plans are: Sunday November 3, 2013 1) The Church Parade will form up at the Town Centre underground parking garage adjacent to the mall at 10:00 am and at about 10:15 am will proceed to St.John's Anglican Church along Ridout Street. It will return along the same route at approximately 11 :30 am. 2) With police escort it should not be necessary to actually blockade Ridout Street during the march. The road closures on Broadway and Bidwell streets under police intersection control should be no m:ore than 5 m·inutes either outward or inward bound. Monday November 11, 2013 1) The silent walk shall commence at Rolph Street at the terminus of Veterans Walkway and proceed along Bridge Street to the Cenotaph on Broadway Street. This walk will take place between 10:35 ani and 10:45 am. It will require a police escort and intersection control. Participants will disperse following the cenotaph service without retuming to the start point. 2) The veterans' parade will form up in the parking lot at the North end of the mall at 10:30 am and proceed out of the North entrance of the lot, West on Bridge Street md then South on Broadway Street to the cenotaph for a 45 minute ceremonial. Foil owing the ceremony, the parade will. march South on Broadway Street, then East on Ridout Street and disperse at the Town Centre's underground parking garage. Bancroft & Hastings Highlands Disaster Relief Committee September 2013 Hastings Highlands Municipal Office 33011 Hwy 62 North, Maynooth, On KOL 2SO Dear Council Head and Members of Council On May 16, 2013, the Minister of Municipal Affairs and Housing, in response to local council motions, declared the Town of Bancroft and the Municipality of Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP) The Town of Bancroft and the Municipality of Hastings Highlands experienced flood conditions during the last weekend of April, caused by heavy rain falls in addition to the spring thaw. This flood led to severe infrastructure damage to homes and small businesses, as well as the temporary closure of schools and businesses in both municipalities. A Disaster Relief Committee has been appointed in accordance with the requirements of ODRAP in order to coordinate both fund-raising efforts and to adjudicate claims from private residents, farmers and small businesses that were impacted by the flood. The Committee has set a financial goal of $87,500 and is making measurable gains towards meeting it by the fundraising campaign deadline of October 31, 2013. This $87,500 goal was established following preliminary assessments by the Provincial Disaster Assessment Team. Under ODRAP, the province will top up funds raised to the amount that is needed to pay eligible claims at 90 per cent up to a maximum of $2:$1 ratio. Claims for financial support will continue to be submitted until August 30, 2013. The Bancroft and Hastings Highlands area is predominately rural in nature and is not densely populated. For that reason, we know that the $87,500 goal is a challenging one but we are working extremely hard towards that end and are confident we can reach it. Our fund raising campaign began less than a month ago and early results are encouraging. For your information, I am enclosing a copy of our brochure which is a living document and will evolve as events are completed and new initiatives roll out. On behalf of the Bancroft and Hastings Highlands Disaster Relief Committee, I am asking municipal councils across the province to support our fundraising efforts by making a donation to this worthy cause. Contributions in any amount will be gratefully received. Cheques should be made out to Bancroft and Hastings Highlands Disaster Relief Committee and mailed to the Municipality of Hastings Highlands at 33011 Highway 62 N, PO Box 130, Maynooth, ON KOL 280. Yours truly QJ;;IIIf-J m7n'e// Dennis Purcell DRC Chair Ministry of Rural Affairs Office of the Minister 77 Grenville Street, 11 1h Floor Toronto, Ontario M7 A 1 83 Tel: (416) 326-3074 Fax: (416) 326-3083 October 4, 2013 Mayor John Lessif Town of Tillson burg jlessif@tillsonburg.ca Dear Mayor Lessif: Ministere des Affaires rurales Bureau du ministre 77, rue Grenville, 11 • etage Toronto (Ontario) M7 A 1 83 Tel. : (416) 326-3074 Telec. : (416) 326-3083 Ni ~ Ontario As promised in the 2013 Budget, the Ontario government is now making available a new $100 million municipal infrastructure fund. Available starting in the 2013/14 fiscal year, the Small, Rural and Northern Municipal Infrastructure Fund is designed to help small, rural and northern municipalities address roads, bridges and other critical infrastructure. As of October 1, 2013, through this new fund, eligible municipalities can apply for $71 million in funding for capital projects. Your municipal CAO/Cierk will soon receive a letter outlining how to apply. The deadline for submitting an Expression of Interest is November 1, 2013. In addition, 20 proposals for critical projects that were previously submitted under the Municipal Infrastructure Investment Initiative (Mill) have now been allocated funding. This is in addition to the 89 Mill projects announced over the summer. In total, 109 Mill projects have received funding. The new recipients were recently notified and will receive more detailed, funding- specific information. The new fund also includes $4 million to support ongoing asset management planning for municipalities with populations under 5,000. Your CAO/Cierk will also soon receive a letter outlining the eligibility criteria. Finally, we have reviewed the feedback from our summer infrastructure consultations. Going forward, the invaluable information our municipal partners provided will form the basis of a permanent program for consideration through the 2014 budget process. If you have any questions, please contact the Agricultural Information Contact Centre by telephone at 1-877-424-1300 or you can send an e-mail to ag.info.omafra@ontario.ca. Sincerely, Jeff Leal Minister of Rural Affairs 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 Foodland ONTARIO Pour de plus amples renseignements, veuillez communiquer avec le Centre d'information agricole par telephone au 1 877 424-1300 ou par courriel a ag.info.omafra@ontario.ca. Cord ialement, Jeff Leal Ministere des Affaires rurales 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 Food land ONTARIO Ministry of CIUxenshlp and Immigration Minister 6"' Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 325-13200 Fax: (416} 325-6195 October 2013 Dear friends, Mlnlstere des Atfalres clviques et de l'ltnmlgratlon Ministre 6'61age 400, avenue Univariilily Toronto ON M7 A 2R9 Tel.: (416) 325-6200 T616c.: (416) 325-6196 ~ Ontano It is my pleasure to send out the call for nominations for the June caflwood Outstanding Achievement Award for Voluntarism In Ontario. Volunteers play a significant role in leading and supporting services in their communities; they lay the foundation for a strong and dynamic province. This award .recognizes exceptional leadership, innovation and. creativity in voluntarism and community service. Recipients of this award can include Individual volunteers, volunteer groups, businesses and other organizations which have made outstanding contributions to their communities and the province. Do you know an individual or group that makes an outstanding contribution? Nomination forms and additional information are available on the Ministry of Citizenship and Immigration website at www.ontario.ca/honoursandawards or by phone at 416 314-7526, toll fr~ 1 877 832-8622, TIY 416 327.."2391. ·Deadline for nominations is December 5 2013. l hope you will take this opportunity to ensure that volunteers receive the recognition they deserve. Sincerely, Hon. Michael Coteau Minister 10.107 ) ABOUT JUNE CALLWOOD June Rose Callwood,CC, O.Ont, LL.D, was a Canadian journalist, author and social activist. She was born in Chatham, Ontario in 1924 and grew up in nearby Belle River. She passed away in April 2007. One of Canada's most famous social justice activists, Callwood's life was marked by strong commitment to and action on social justice issues, particularly those affecting children and . women. Callwood founded or co-founded more than 50 Canadian social action organizations, including Casey House, a Toronto hospice for people with AIDS; PEN Canada; the Canadian Civil Liberties Association; and Feminists Against Censorship. r')h t?ontario PURPOSE The June Callwood Outstanding Achievement Award for Voluntarism recognizes individuals and groups who have made an exceptional contribution to voluntarism in Ontario. Whether by volunteering their time, efforts, knowledge or resources, citizens from across Ontario are making valuable contributions to the quality of life in their communities and the province. Up to 20 recipients are awarded the June Callwood Outstanding Achievement Award for Voluntarism each year. Ontario recognizes and highlights the contributions of those who serve to inspire others by the positive examples they provide. The strength of Ontario depends on the strength of its communities. Volunteers help build diverse, vibrant, caring and safe communities. They help make this province a socially, culturally and economically strong place in which to live. ELIGIBILITY • Individuals and groups are eligible for this award. • Nominees must be residents of Ontario. • Posthumous and self nominations are not accepted. HOW ARE THE RECIPIENTS SELECTED? An independent selection committee reviews the nominations and recommends the recipients. \NoMINATION FoRM June Callwood Outstand ng I Achievement Award for Voluntarism Please type or print clearly PERSON OR GROUP BEING NOMINATED My nomination is for Dan individual D a group (if your nomination is for a group, please provide a group contact) D Mr. D Ms. D Mrs. D Other _____ _ First Name Last Name Name of Group (if applicable) D Home D Business Address Suite/Unit City!Town Province Postal Code Tele hone E-mail )NOMINATION SUBMITTED BY D Mr. D Ms. D Mrs. D Other _____ _ First Name Last Name Address Suite/Unit City/Town Province Postal Code Tele hone E-mail In accordance with subsection 39(2) of the Ontario Freedom of Information and Protection of Privacy Act, R.S.0.1990, c.F.31, this is to advise you that the personal information collected on this form will be used only for the proper administration of the June Callwood Outstanding Achievement Award for Voluntarism. This includes determining the nominee's eligibility and providing information to selection committee members for review and recommendation. The personal information on this form is collected in accordance with the Ministry of Citizenship and Culture Act, R.S.O. 1990, c.M.18. For further information, please contact the Manager at the Ontario Honours and Awards Secretariat, 400 University Avenue, 4th Floor, Toronto ON M? A 2R9 or by telephone at 416 314-6608. Nominator Signature Date Send this completed form and supporting materials by December 5 {if this date falls on a weekend or holiday, nominations will be accepted the next business day) to: Ontario Honours and Awards Secretariat, Ministry of Citizenship and Immigration, 400 University Avenue, 4th Floor, Toronto ON M?A 2R9 Dear Mayor Lessif, I am writing to invite you to join the mayors and reeves of municipalities throughout Ontario who are supporting lung health in their communities by issuing a proclamation declaring November Lung Month in their cities and towns. An example can be found below. More than 2.4 million people in Ontario -that is one in five people in the Town of Tillsonburg - lives with a chronic lung disease such as asthma, chronic obstructive pulmonary disease or lung cancer, and many more are at risk. In November, the Ontario Lung Association and our partners will engage in a series of information and outreach initiatives designed to inform and educate all Ontarians about how to protect and care for their lungs. We hope that you will demonstrate your municipality's support for the lung health of all its citizens by signing the attached proclamation of November as Lung Month for entry into the official record. Because when you can't breathe, nothing else matters. ™ Sincerely, George Habib President and CEO, Ontario Lung Association 401-18 Wynford Drive 1 Toronto, ON M3C OK8 ghabib@on.lung.ca I Tel: 416-864-9911, ext. 237 August 27, 2013 Dear Elected Leaders, 80 Commerce Valley Drive, East., Suite 1 Markham, ON L3T 082 Phone: 905-739-9739 • Fax: 905-739-9740 Web: cupe.on.ca E-mail: cupeont@web.net We have written to your municipal council requesting that it endorse a day of recognition for the many people who work providing child care in your community. We would also like to invite elected leaders like you to mark the day of recognition by participating in the national "Rethink Child Care" campaign. Please find out how, below. This year will mark the 13th Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday, October 30, 2013 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the important work of child care workers and to acknowledge the contributions that child care workers make in the lives of community members. Children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible, licensed, high quality child care. The "Rethink Child Care" campaign is the result of an enthusiastic group effort of Canadian unions and child care advocates. Many families are struggling to find child care and to piece together child care they can afford. Many child care workers struggle to make ends meet. Municipalities, as you are well aware, suffer from a lack of funding for child care from both the federal and provincial levels of government. This lack of funding for early learning and child care has forced several centers to close, and others remain at risk. The objective of the national campaign is to put child care on the agenda for the federal election in 2015. The first phase of the campaign is a "Kitchen Table conversation". Kitchen Table conversations are taking place in communities across the country. Campaign materials have been developed to assist child care advocates with hosting a Kitchen Table conversation in their community-an opportunity to hear one another's stories about child care and to make connections with each other. We are asking you to host a Kitchen Table conversation in your community on or around October 30th as part of our collective effort to put child care back on the agenda. Please visit the campaign website at rethinkchildcare.ca to find out more and to access materials. Please contact Andrea Calver, Coordinator of the OCBCC at andrea@childcareontario.org or Sarah Declerck, CUPE Social Services Coordinator at sdeclerck@cupe.ca for more information. Thank you for your ongoing advocacy for child care. Yours sincerely, Fred Hahn President, CUPE Ontario cc: CMSMs/DSSABs Sheila Olan-MacLean President, OCBCC :us/ cope491 Lobbying Business Support Savings & Benefits CFIB~ca Check us oul on: f W ~ Small business owners represent the best of Canadian entrepreneurship and innovation. From coast to coast to coast, small businesses drive local economies and keep our communities strong. On Friday, October 25'h, the Canadian Federation of Independent Business (CFIB), with the support of lnterac®, is celebrating Canada's second Small Business Day. We're inviting all Canadians to support small business and we're asking you to get involved in this exciting event. ---~ Visit www.shopsmallbiz.ca to receive valuable offers from small businesses in your area, and small businesses can post special offers to promote their firms. October 25'h is going to be a great day to celebrate and support small business, and this updated site will serve as a permanent way for local small business and customers to connect. We're inviting you to support Small Business Day. Here are some ideas: • Follow @shopsmallbiz on Twitter and retweet messages about Small Business Day. You can also use the hash tag #smallbizday. • Go to Facebook.com/shopsmallbiz and "like" our page. Post a comment on why small business is important in your area. • Include a story or advertisement in your next newsletter or on your website -to make it easier, we have samples ready for your use in our Small Business Day Toolkit. • Put up a poster in your constituency office or post a banner on your website-also available in our Small Business Day Toolkit at the link below. • Commit to shop at a small business on October 25'h. Read How you can help promote Shop Small Biz in your community to access the tools mentioned above. For more information, you can reach us by replying to this email or calling us toll-free at 1-888-234-2232. Thank you for your support because if we all shop small, it can make a big difference for small business. Sincerely, Dan Kelly President and CEO Twitter: @cfib P.S. We would appreciate any support you can provide to help spread the importance of shopping at small business. Not only is it good for the local community but helps keep our national economy strong. Proudly presented by: CFIB CANADIAN FEDERATION OF INDEPENDENT BUSINESS. Media partner: POSTMEDII( t~Jt100Jiti1 'j{CC(', cmrrun,ty focuse<i INAilllllNJWIDIOS:D RIJ(ht to the J>Oint. About Us Contact Us Research :Media Centre Page 1 of 4 CanSIA FIT 3 SOLAR UPDATE FOR MUNICIPALITIES Paul Luukkonen to: W es Johnston, John Gorman 10/10/2013 02:55PM Cc: Sarah Simmons, "Waddell, Bob (Bob.Waddell@centrosolar.com)", "uamaral@sunedison.com", Carlo Di Gioacchino Hide Details From: Paul Luukkonen <pluukkonen@cansia.ca> To: Wes Johnston <wjohnston@cansia.ca>, John Gorman <jgorman@cansia.ca>, Cc: Sarah Simmons <ssimmons@sussex-strategy.com>, "Waddell, Bob (Bob.Waddell@centrosolar.com)" <Bob. Waddell@centrosolar.com>, "uamaral@sunedison.com" <uamaral@sunedison.com>, Carlo Di Gioacchino <carlo.digioacchino@northgridsolar.com> CanSIA FIT 3.0 Update CAOs and Clerks of the Municipalities of Ontario, The Canadian Solar Industries Association (CanSIA) is pleased to contact Ontario Municipalities to help facilitate participation in Ontario's clean energy economy through the Feed in Tariff (FIT) Program and to share the benefits of Solar Electricity with their residents and communities. Final rules and program documents ofthe Ontario Power Authority's Feed-In Tariff Program (FIT 3) are now available. See the OPA announcement here. Applications for solar projects will be accepted from November 4th to December 13th, 2013. For the full set of FIT 3 prescribed forms, rules, definitions and contract click here. FIT Applications will be prioritized and selected based on priority points as indicated below. Municipalities are encouraged to note relevant timelines for issuing support resolutions and submitting applications. Municipalities should anticipate communication with solar proponents well in advance of the application window opening. 1} Municipalities can Support Solar projects in their community by providing Municipal Council Support Resolutions for Priority Points. 2) Municipalities can benefit from preferential access to Municipal project capacity set asides and priority points for Municipal participation for projects with greater than or equal to 15% Municipal economic interest 3) Obtain Funding through the interim Municipal and Public Sector Energy Partnerships Program for independent legal, technical and financial costs associated with developing and instituting the organizational structure that will own the Project and/or to assess whether the Applicant should file:///C:/Users/dewilson/AppData!Local/Temp/notes7003DE/~... 10110/2013 Page 3 of 4 FIT Priority Points Table PROJECT TYPE PRIORITY POINTS Community Participation Project 3 Aboriginal Participation Project 3 Municipal or Public Sector Entity Participation 3 Project NON-PROJECT TYPE PRIORITY POINTS Municipal Council Support 2 Aboriginal Support 2 Municipal Site/Public Sector Entity Site Host 2 System Benefit 1 • See the Municipal Entity Participation Project Declaration prescribed form here 3) Obtain Funding through the interim Municipal and Public Sector Energy Partnerships Program for independent legal, technical and financial costs associated with developing and instituting the organizational structure that will own the Project and/or the costs associated with due diligence to assess whether the Applicant should enter into a business partnership with a Project partner (i.e. to obtain an Economic Interest). This program is available only to those Applicants pursuing a FIT Project that does not yet have a FIT Contract. • Applicants pursuing three or more proposed FIT Projects are eligible for up to $40,000 at 80 percent of actual costs per municipality/public sector entity. • Applicants who are pursuing two proposed FIT Projects are eligible for up to $30,000 at 80 percent of actual costs. • Applicants who are pursuing a single proposed FIT Project are eligible for up to $20,000 at 80 percent of actual costs. For more information about eligibility and funding please see the Program Rules and Program Guidelines. Application Deadline: November 12th, 2013. 4) Incorporate solar into your municipal energy planning and qualify for funding through the Municipal Energy Plan Program For information on how to apply for funding of up to $90 000 click here • Application deadline: November 29th, 2013 5) Provide the benefits of clean solar generation to your Municipality and residents The benefits of Solar Generation include the following: • high public support • empowers consumer choice • the cleanest form of electricity generation file:/1/C:/Users/dewilson/ AppData/Local/Temp/notes7003DE/"'... 10/10/2013 STAFF REPORT CAO Title: Solar Power Network Resolution Extension Report No.: CAO 13-13 Author: DAVID CALDER Meeting Type: COUNCIL MEETING Council/Committee OCTOBER 15, 2013 Date: Attachments: RECOMMENDATION REPORT CAO 12-19 ROOFTOP SOLAR PROJECTS EMAIL REQUEST FROM SOLAR POWER NETWORK WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillsonbu rg; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; THEREFORE THAT Council of the Town of Tillsonburg supports without reservation the construction and operation of the Projects anywhere in the Town of Tillsonburg. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose; AND THAT this resolution shall expire on October 15, 2014. PURPOSE To obtain Council endorsement for an extension of the resolution which supports, in principle, rooftop solar projects in Tillsonburg. BACKGROUND The Ontario Government is once again preparing to open its next FIT (Feed in Tariff) application window on November 4th 2013. Therefore the Solar Power Network has approached our municipality CAO FIT 3.0 Support resolution for Solar Power Network Melissa Clark . to: 'dsanus@tillsonburg.ca' 10/03/2013 01:36PM Cc: '''Dewilson@tillsonburg.ca''' Hide Details From: Melissa Clark <Melissa@solarpowemetwork.ca> To: "'dsanus@tillsonburg.ca'" <dsanus@tillsonburg.ca>, Cc: "'Dewilson@tillsonburg.ca'" <Dewilson@tillsonburg.ca> 2 Attachments -Ia Page 1 ofl Template%20-%20Municipal%20Councii%20Blanket"lo20Support%.20Resolution.pdf Fit 3 Site list Tillsonburg.xlsx David, Oct 1, 2013 It's that time again! One year later, and the Ontario Government is preparing to open its next FIT ( Feed in Tariff) application window on November 4th 2013. As you may recall, last year, Solar Power Network approached your municipality searching for support for local constituents who have partnered with us to develop roof top solar deployments locally. Atthat time, council supported a Blanket resolution as prescribed by the OPA, allowing any applicants within the municipality to garner priority points in the FIT 2.1 application process. Unfortunately, this resolution had a 12 month term and thus we are back looking for a new blanket resolution. See attached form. In many, if not most cases, this request is for the same sites that were presented for FIT 2.1 as the industry wide failure rate ih that process exceeded 80% of all applicants. We are providing you with a list of the local appllca.nts, for your information. As with the previous round, time is of the essence. There remains a first come first serve prioritization of applications when the window opens on Nov 4th. Your assistance In supporting your constituents in a timely way is most appreciated. As this is effectively an extension of a previous council decision, it is our hope that the request can be presented by staff. Please let me know if this is not the case and we will do what we can to facilitate a council appearance. I will be following up to review any questions you may have. Thank you in advance for your support, Sincerely, Melissa Clark melissa clark I vp, partner relations 1 0: 416 479 0333 ext 290 I C: 416 917 56671 solarpowemetwort.ca F: 855 328 8261 142Wellington St E. 4th Floor I Toronto, Onta~o I MSE 1C7 file:///C:/Users/dewilson/AppData/Local/Temp/notes7003DE/-... 10/07/2013 CAO 12 -19 Rooftop Solar Projects DATE: September 24, 2012 TO: Council FROM: Kelley Coulter, CAO SUBJECT: COUNCIL RESOLUTIONS IN SUPPORT OF ROOFTOP SOLAR APPLICATIONS UNDER THE PROVINCIAL FEED-IN TARIFF {FIT) PROGRAM RECOMMENDATION RESOLVE THAT Council receive Report CAO 12-19 Rooftop Solar Projects in support of FIT Program for information purposes; , FURTHER RESOLVE that a blanket resolution be passed which supports, in principle, rooftop I solar projects in Tillsonburg. PURPOSE To obtain Council endorsement to support rooftop solar projects in Tillsonburg HISTORY &. DISCUSSION At the September 10, 2012 Council received a delegation from Solar Power Network. The organization made a request for a blanket resolution of support by the Town of Tillson burg Council. At the time, staff had not had an opportunity to review the recently released regulations, and recommended the deferral of the resolution until September 24, 2012. A review of the regulations has been conducted. Prior to considering the regulations a brief summary of the elements of Bill 150 and the subsequent adjustments follows. The Green Energy Act (the "Act") came into effect in 2009. The Act addresses energy efficiency, energy conservation and demand management, and the promotion of renewable energy technologies. Renewable energy sources include: wind, waterpower, biomass, biogas, landfill gas, solar photovoltaic, and geothermal. The Act removes Planning Act authority over renewable energy projects. The Building Code Act remains applicable law and, as such, building permits are required depending on the size of the project. In 2009, the Ontario Power Authority (OPA) released a Feed-in Tariff (FIT) program which included two purchase agreement programs for renewable energy projects: roofs structural integrity, the additional loading from the solar panels and how they are fastened are some of the factors that are examined. FINANCIAL IMPACT None CONSULTATION/COMMUNICATION As stated above. PREPARED BY: Donna Wilson DATE: September 18, 2012 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Noise Issues - A & W and Allen Street Citizens DCS 13-77 LISA VANDERWALLEN COUNCIL MEETING OCTOBER 15, 2013 MINUTES FROM JULY 16 2013 MEETING MINUTES FROM AUGUST 13 2013 MEETING THAT council receives DCS 13-77 Noise Issues - A & W and Allen Street Citizens report as information. EXECUTIVE SUMMARY Town staff has received various complaints from citizens of Allen Street about noise issues as a result of the recent conversion to 24-hour drive thru at the Broadway Street A & W restaurant. DCS 13-77 summarizes for council, the results of the complaints and subsequent attempts at resolution. BACKGROUND In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -11pm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Noise Bylaw Issues: Brought first to the attention of the municipal bylaw enforcement officer, the first noise bylaw complaints in the spring of 2013 included a few specific issues which warranted investigation. A complaint about the dumpsters being emptied too early on April 26th 2013 led to an investigation into the waste removal contractor who assured Town officials that the contractor's GPS-tracked vehicles showed that the dumpster was emptied in error too A & W Restaurant Response: At meetings with Town staff and Allen Street citizens, A & W provided a response to the various concerns. A & W affirmed its commitment to being good neighbours in the community. The transition to 24 hour drive thru occurred in an attempt to generate more business for the restaurant and the company claims that remaining open 24 hours is profitable, and unlikely to change. A & W says that the restaurant sees about 250 cars during the overnight during an average week, the majority of which are shift workers coming in late to get food during their lunch breaks. A & W has conferred with their corporate offices to find solutions and have offered to post signs reminding people to be quiet and conscious of the neighbours nearby. The volume of the speaker box has been turned down and A & W has assured Town staff that the staffing at night are mature and have been given additional training for special late night issues which may arise. Proposed Solutions: Looking to find a resolution, meetings in July and August facilitated by Town staff have allowed conversation between complainants and the restaurant. The request for the restaurant to move to original drive thru operating hours (7am -llpm) has been rejected by A & W and 24 hour operation will resume. Proposals for further changes to the call box will likely not be sufficient for resolving the overall problems. A noise barrier fence has been proposed and is currently being investigated by Town staff. A referral has been made to the Minister of the Environment and Oxford County OPP have been involved throughout the entire investigation. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Lisa VanderWallen David Calder Page 3 I 3 Date: September 19,2013 Date: September 27, 2013 Date: CAO Allen Street Citizens: By-Law Complaints/Property Disturbance complaints Re: A and W 24 HR Drive Thru DATE and TIME: July 16, 2013 8:30AM-9:00AM LOCATION: Board Room, Customer Service Centre-Town of Tillsonburg -10 Lisgar Avenue PRESENT: Gena Vanhaelewyn (Chief Building Official) Lisa VanderWallen (Development Technician) Kathleen Musselman (By-Law Enforcement) Andrew Brndjar (111 Allen Street) Loetta Brndjar(111 Allen Street) Jack Davies (109 Allen Street) Susana Davies (109 Allen Street) Maria Kralik (107 Allen Street) Trudy Geensen (105 Allen Street) Tom Lamas (115 Allen Street) Steven Will (A & W Restaurant) INTRODUCTION: Geno-introduces himself and Kathleen and explains their capacity as By-Law Enforcement Geno offers to chair meetings, as supervisor of By-Law enforcement, here to gauge issues Gena apologizes for brevity of meeting; had to organize quickly, so we took meeting location and time Asks for approval of agenda: only complaint is the short time frame-Geno acknowledges, but suggests we move on from that complaint Purpose of meeting is to review and address items, outline next steps, and hear comments Scope of meeting may not mean resolution at this time-simply exploratory at this juncture Andrew will act as main speaker from the group; following his short explanation of his complaints, Steven from A & W will follow Gena encourages decorum, especially in light of short meeting time PART A: ALLEN ST CITIZENS OUTLINE COMPLAINTS Andrew prefaces his presentation by explaining that he chose to move to Tillsonburg in retirement 19 years ago -he explains how for 13 years, there was no development behind his house An application to build a Tim Hortons behind his house, he opposed and fought against successfully When he heard that there was an A & W proposed, he visited the Town planner to review plans; planner assured him call box would be off Broadway Built call box is now located close to rear of his house (feet from his bedroom window) Planner suggested that the hours of drive thru operation would be 7am -llpm, not 24 hr Local citizens were not notified of conversion to 24 hour operations (citizens were under the impression that change to 24 hour opening time, would mean a minor variance or zoning change, and under the assumption that they would receive notice of a public meeting) Feeling that 24 hour drive thru was just dropped on them, they feel that they can no longer enjoy fresh air (since noise from drive thru keeps them awake, their property values have dropped, and vandalism has increased) OPP have been called by the citizens on 4 or 5 occasions to deal with the primarily young "gang" or crowd Andrew, a preacher, needs to wake on Sundays for his service and is finding he can not get a good rest on Saturday nights before he must work He says that suggestions for a sound barrier will not resolve the issue He feels moving the call box back to original site position (which he saw on original plans) might help but won't resolve the noise entirely. Gena will review and investigate the Site Plan for the A & W from a few years ago PART C: ADDITIONAL CONCERNS/ QUESTION AND ANSWER PERIOD Andrew explains that when they bought the house, the real estate agent claimed nothing could be done to the vacant land behind his house Andrew questions why a proposed Robert Q office building was rejected, but a drive thru restaurant was allowed (something he intends to take up with council) Steven explains that noise and disruption issues are a policing issue, to be taken up with OPP Steven says that A & W is committed to staying open 24 hours at this points Wait times at night can be greater, just since there is less staff on duty, so Steven suggests that A &W can do their part and ask customers to turn their engines off in between ordering and service Steven says that two or three of his restaurants abut onto residential areas, and he has had no complaints at his other locations Upon Gena's recommendation, Steven has offered to look into A & W corporate resources to see if any other locations have had issues when neighbouring residential areas and will look at their solutions Andrew asks Steven if he has ever worked an overnight shift at the Tillsonburg location: Steven assures he has Andrew asks if employees at the location have ever called the police-Steven assures that they have called OPP on one or two occasions, but that no charges were laid Andrew suggests that the overnight staff fraternize with the customers, worsening noise issues Steven affirms that overnight staff are usually mature staff, not high school students-so he would think they wouldn't be fraternizing with the young crowd Tom suggests that Steven should stay at his house to see how severe the problem really is Jack-wants to confirm that OPP does not enforce By-Laws? Kathleen-OPP should respond to By-Law related calls after hours, Kathleen to confirm with OPP staff-there is a perception that the OPP does not enforce claims Kathleen to speak with Tim directly-OPP does overnight enforcement, and they will attend all calls after hours The mayor has told the Allen Street residents that police responses to the noise issue are a "waste of police time; waste of resources" Andrew says that "lives have been destroyed" over the 24 hour drive thru Andrew wants to know what sort of traffic the restaurant is getting-can they justify staying open Steven says he can easily provide data on this-right now he can confirm a traffic rate of approximately 250 cars going through per week Andrew says that the Mayor feels 24 hour drive thru windows do not work in Tillson burg (based on McDonald's experience) PART D: FOLLOW-UP/NEXT STEPS There will be follow-up in the next few weeks Steven says that A & Was a corporation, will follow the Town's By-Laws Steven says that A & W will be good corporate citizens/ good neighbours Steven will look into A & W for other examples with the same issues Andrew confirms that they will be pursuing this shortly, a letter to council will be send shortly Following the letter to council, they will pursue further measures (letter to editor, lawsuit) MEETING ADJOURNED Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT FINANCE THI Economic Evaluation Model FIN 13-41 Wayne Brett COUNCIL MEETING OCTOBER 15, 2013 THAT Council receive report FIN 13-41, THI Economic Evaluation Model as information. EXECUTIVE SUMMARY Further to the Council meeting on September 9, 2013, staff has prepared the following Tillsonburg Hydro Inc. (THI) Economic Evaluation Model background information and an outline of past events regarding the presentation made by Hayhoe Homes pertaining to the Tillsonburg Residential Developments and Electrical Systems Expansions, so that Council may better understand the issues raised by Hayhoe Homes. Hayhoe Homes requested Council to review the cost sharing practices of THI for Electrical Distribution System Expansions and specifically, Hayhoe Homes is requesting that THI Operating, Maintenance and Administrative (OM&A) costs be prorated based on the residential electricity consumption that Hayhoe Homes' estimates would be 27% of consumption. BACKGROUND Section 3.2.1 of the Hydro Distribution System Code (DSC) outlines the need to perform an economic evaluation if a distributor must construct new facilities to its main distribution system or increase the capacity of existing distribution system facilities in order to be able to connect a specific customer or group of customers. The purpose of the economic evaluation is to determine if there is an economic shortfall between the expected revenue stream from the new customer connections and the costs to construct the new facilities. Basic Assumptions pertaining to the Economic Evaluation Model are: • As of today, THI has not received a response from the OEB regarding action plans required of THI to remedy the concerns brought forth by Hayhoe Homes by way of its complaint. Resulting from staff conversations with the OEB staff, staff do not anticipate a response from the OEB requiring any changes to the EEM employed, nor the inputs used in the model. Staff Research and Findings • Staff spent considerable time and effort speaking with St. Thomas Energy Inc. (STEI) staff regarding Hayhoe Homes' concerns. STEI Staff have been very co-operative in assisting staff to better understand their EEM and how the economic shortfall numbers are so far apart. It quickly became apparent that the OM&A cost per customer input was the major cause for the significant variance between THI's economic shortfall and STEI's economic shortfall (all else being equal). • STEI used an OM&A cost per customer of $65.94 in its EEM since 2003. STEI Staff are not sure where this number came from but they do agree that they have been subsidizing development (including Hayhoe Homes' projects) in the region based on this OM&A cost per customer input. • Many distributors refer to the OEB Yearbook and simply use their OM&A cost per customer as identified in the Yearbook. THI goes one step further and backs out much of the Administrative costs, thus making the OM&A cost per customer number drop. • Staff concluded that STEI has decided to subsidize developers by incorporating an artificially low OM&A cost per customer. STEI uses an arbitrary input value whereas THI's input value is based on consistent parameters. • Staff concluded that THI's EEM and the inputs incorporated into the Economic Evaluation Model are fair and reasonable. • Hayhoe Homes has emphasized that THI is not competitive with other local distribution companies in terms of its expansion contributions. Hayhoe Homes commented that "our experience in dealing with other LDC is that the LDC generally recovers about $2,000/service through rates over 25 years." Hayhoe Homes was informed by STEI that it would not be fair to compare the STEI's model results with THI's model results based on the different OM&A cost per customer input. • Staff focused its research on the STEI model and the inputs used. The $2,000 amount stated by Hayhoe Homes does not appear to be an accurate number as it includes an artificially low OM&A cost per customer input. As for the "other" LDC's, THI Staff has nothing to substantiate or refute this claim. • Hayhoe Homes believes that "an equitable way of calculating OM&A cost per residential customer is to prorate the total OM&A based on the residential electricitY consumption which accounts for 27% of total consumption. This prorated OM &A cost should then be allocated over the total residential services. The result would be a more accurate and fair approach to applvinq OM&A costs." Such an approach, to be accurate, and fair, would likely require a costly and extensive cost allocation study. Page 3 I 5 CAO Staff recommends that no changes be made to the Economic Evaluation Model employed for system expansion plans, including the Reynolds Way project. Furthermore, no changes should be made to the methodology employed in arriving at the inputs used in the Economic Evaluation Model (specifically the computation of OM&A cost per customer input). The Economic Evaluation Model employed by THI incorporates an accurate set of data inputs along with the correct methodology as outlined in the DSC. THI, having just rebased in 2013, should not consider offering subsidies of this magnitude. Council should be aware that any subsidies offered to Hayhoe Homes would need to be applied consistently with all developers. This is a requirement of the Distribution System Code and THI's License. And finally, the overriding premise of THI's EEM is that development growth should pay for growth related costs. Artificially lowering the OM&A costs used in the EEM would benefit the growth related customer at the potential future rate expense of THI's existing customers. FINANCIAL IMPACT /FUNDING SOURCE If the EEM OM&A input cost is artificially lowered and applied to all developers, the financial impact to THI is unknown and could be significant. THI just completed rate rebasing in 2013. Any changes in THI's approach to the EEM would potentially impact the next rebasing application in 4-5 years. In the interim, THI's cash flow would potentially be impacted. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature WAYNE BRETT DARRELL EDDINGTON Page 5 I 5 Date: 09/30/13 Date: 10/02/13 Date: CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT FINANCE Purchasing Policy FIN 13-37 Darrell Eddington COUNCIL MEETING OCTOBER 15, 2013 PURCHASING POLICY THAT Council receive report FIN 13-37, Purchasing Policy; AND THAT By-Law 3765, to adopt the Town of Tillsonburg Purchasing Policy, be brought forward for Council consideration. EXECUTIVE SUMMARY Council adopted By-Law 3521, Procurement Policy, on July 11 2011. The attached Purchasing Policy has been updated to better reflect current purchasing policies. The Policy has been extensively benchmarked against other municipalities to ensure the Policy reflects key elements and wording. The Town's lawyer, Miller Thompson, had input into the policy elements and into the suggested legalize that should be included in bid document templates that will be used in future Tenders and Request for Proposals. Key sections added to this Policy include: No Lobbying; Local or Geographical Preference; Cooperative Purchasing; Green Procurement; Tie Bids; Debriefings; and Complaint Resolution. And three Appendices have been added: A Process for Debriefing; A Process for Complaint Resolution; and Chart of Bid Irregularities or Non-Compliance. The Director would like to thank the Staff Committee that worked very diligently on this Policy. FINANCIAL IMPACT /FUNDING SOURCE N/A THE CORPORATION OF THE TOWN OF TILLSONBURG APPOVAL DATE: APPENDICES: PURCHASING POLICY REVISION DATE: 10/28/2013 Appendix "A"-Process for Debriefings Appendix "B" -Complaint Resolution A endix "C" -Bid lrre ularities TABLE OF CONTENTS Page 1 of 16 1.0 DEFINITIONS ................................................................................................................. 3 2.0 POLICY STATEMENT .................................................................................................... 5 3.0 ESTABLISHING PRICE RANGE .................................................................................... 6 4.0 ACCOUNTABILITY ......................................................................................................... ? 5.0 PRESCRIBED COUNCIL APPROVAL. .......................................................................... ? 6.0 EXCEPTIONS ................................................................................................................. ? 7.0 NO LOBBYING ............................................................................................. 8 8.0 LOCAL OR GEOGRAPHICAL PREFERENCE ................................................... 8 9.0 ACCESSIBILITY CRITERIA ............................................................................ 8 10.0 HEALTH AND SAFETY .................................................................................. 8 11.0 CO-OPERATIVE PURCHASING ..................................................................... 9 12.0 GREEN PROCUREMENT ............................................................................................. 9 13.0 DISPOSAL OF SURPLUS ............................................................................................. 9 14.0 TIE BIDS ........................................................................................................................ 9 Page 1 BY-LAW No. 3765 OF THE CORPORATION OF THE TOWN OF TILLSONBURG A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES NOW THEREFORE THE COUNCIL OF THE CORPORA T/ON OF THE TOWN OF TILLSON BURG HEREBY ENACTS AS FOLLOWS: 1.0 DEFINITIONS In this By-Law: a) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal; b) "Buyer(s)" designated employee(s) responsible for the procurement of goods and services for the Town of Tillsonburg; individual(s) responsible for ensuring that the purchasing by-law, policies and procedures are consistently applied in the Corporation and who serves as a resource to Departments in support of the purchasing function. c) "CAO" shall mean the Chief Administrative Officer of the Town of Tillson burg; and d) "Clerk" shall mean the Clerk of the Town of Tillsonburg appointed pursuant to then applicable governing municipal act, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-law; e) "Contract" shall mean a written agreement authorized or ratified by the appropriate authority and executed by the appropriate authority; f) "Department Manager'' refers to the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within the Town; · g) "Director" refers to the individual accountable for the operation of overall departments within the Town; h) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to Page3 2.0 POLICY STATEMENT 2.1 Objectives a) The objective of this procurement policy is to outline the policy for the municipality to ensure that all purchases of materials, supplies and services provide the best value consistent with the required quality and service. b) The guiding principle is that all procurement decisions will be made using a competitive process that is open, transparent and equitable. c) This procurement policy will promote and maintain the integrity of the purchasing process by providing clear direction and accountabilities for Council, vendors and staff involved in this process. 2.2 Guidelines a) No expenditure, purchase or commitment shall be incurred or made, and no account shall be paid by the Town for Goods and Services, except as provided in this By-Law or otherwise approved by Council, provided that Council's decisions shall be consistent with all applicable procurement laws, including the provisions of this By- Law. b) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. Finance cannot pay for an item that has not been authorized by Council through budget appropriation or specific resolution. c) Prior to the approval of the current year's business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and projects. d) No contract shall be entered into and no expenditure shall be authorized or incurred unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds. e) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. Approval is authorized through the signature on the original invoice. f) Where an unsolicited proposal is received by anyone within the Municipality, whether elected or non-elected, the Town shall not be bound by any quotations or proposals. g) This purchasing policy may be overridden by Council if Council, in its' own discretion determines it to be appropriate and in the best interest of the Town. Page 5 4.0 ACCOUNTABILITY The CAO shall maintain accountability on behalf of Council during the procurement process. Informal contact with staff or Council members not specified as official contacts in the Bid/Request for Proposal documents shall be considered unethical and may threaten the validity of that suppliers' bid or even the process as a whole. No purchase of Goods and Services shall be made by the Town and paid for by the Town for the personal use of elected or appointed officials or employees of the Town unless the purchase has been approved by the Chief Administrative Officer of the Town. No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the Chief Administrative Officer of the Town. 5.0 PRESCRIBED COUNCIL APPROVAL 5.1 The following contract awards shall be subject to Council approval: 5.1.1 any contract prescribed by statute to be made by Council; 5.1.2 any contract that requires debt financing; 5.1.3 any contract where this by-law is being waived; 5.1.4 any contract where Council has expressly directed staff to report prior to an award; 5.1.5 any contract where authority to approve has not been expressly delegated; 5.1.6 any contract where a submission in response to a call for bid contains an irregularity not resolved by Appendix "C" of this by-law and which was not able to be otherwise resolved by the Director of Finance; or, 5.1.7 any contract for a single or sole source purchase; 5.1.8 any contract for a tender or request for proposal as required under this policy. 5.2 Council may waive, by resolution, the application of any part of this by-law in respect of any given procurement. 6.0 EXCEPTIONS 6.1 When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required goods or services upon consultation with the Director or CAO. A follow-up report to Council is required for all Emergency Purchases over $5,000. 6.2 The Tendering, RFP or purchasing process may not be required where the goods or services are proprietary to one vendor, where there is only one supplier that can meet the Town's needs within a reasonable distance or where the cost of changing Page 7 11.0 CO-OPERATIVE PURCHASING The Town of Tillson burg may participate with other government agencies or public authorities in Co-Operative Purchasing to select a vendor of record where it is in the best interest of the Town to do so. The policies of the government agencies or public authorities calling the Co- operative Bid are to be the accepted policy of that particular Bid. 12.0 GREEN PROCUREMENT When acquiring goods and services for the municipality, municipal staff shall consider whether it is feasible to incorporate environmental considerations into solicitations for goods and services. The Buyer(s) shall take into account best purchasing practices for responsible environmental procurement, and shall bring same to the attention of operating departments wherever the same are applicable. 13.0 DISPOSAL OF SURPLUS Where any goods or personal property of the Town are declared surplus and cannot be used by another Town department, they shall be disposed of by public Bid or public auction. If no bids are received, the Departmental Manager or Buyer(s) may dispose of the goods or personal property as deemed to be in the best interest of the Town. This Section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply. 14.0 TIE BIDS In the event that two (2) or more compliant, equal bids are submitted during a competitive bid process, the Town shall determine the successful bidder by drawing a bidder's name, as determined by the CAO. 15.0 CONSULTING SERVICES Consulting services over twenty-five thousand dollars ($25,000) shall be procured by RFP, unless otherwise directed by Council. Consultants may be hired in, but not limited to, any of the following circumstances: 15.1 the project requires specialized knowledge, skills, expertise, experience or available resources that the Town does not possess in-house; 15.2 another organization is partially or wholly funding the project and strict timelines have been placed on the funding; or, 15.3 the nature of the project is such that it would not be in the public or Town's interest to perform it in-house. Under this section, all consultant proposals shall include, at a minimum, a fee schedule, a methodology and timetable to complete the project, demonstrated experience and qualifications required to perform the project and a list of personnel who will be directly involved in the completion of the project. 16.0 DEBRIEFING$ 16.1 Any unsuccessful Supplier may request an opportunity to be debriefed by the Town on the reasons for not being awarded a particular contract, in accordance with the procedure set out Page 9 This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. MAYOR CLERK DATED Page 11 APPENDIX "B" PROCESS FOR COMPLAINT RESOLUTION Pursuant to section 17.0 of this By-Law, the following procedure shall apply to the conduct of Complaint Resolutions by the Town of Tillsonburg. 1.0 An unsuccessful Supplier shall request a meeting with the Department Manager and the Director. Such request will be in writing and shall (i) provide a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents, and (ii) identify the form of relief requested. 2.0 Where, after a meeting with the Department Manager and the Director, the Supplier is satisfied that its concerns have been addressed and that the purchasing process was conducted in a fair and equitable manner, no further action shall be required. Documentation in respect of the protest in question shall be maintained by the Buyer(s) for future reference. 3.0 Where, after a meeting between the Supplier, the Department Manager and the Director, it is concluded that the purchasing process was materially flawed, for any reason, the Director shall issue a report to the Chief Administration Officer for his approval recommending corrective action. 4.0 Where, after a meeting between the Supplier, the Department Manager and the Director, the parties fail to achieve a mutually satisfactory resolution, the Supplier may request an opportunity to present its case to the Chief Administration Officer, provided that the supplier's request is in writing. 5.0 In the event of a dispute arising in connection with this bid process that cannot be resolved with the above "complaint resolution process" including, without limitation, a dispute concerning the existing of the "bid contract" or a breach of the "bid contract", or a dispute as to whether the bid of any bidder was submitted on time or whether a bid is compliant, the Town may refer the dispute to a confidential binding arbitration pursuant to the Arbitration Act, 1991, as amended, before a single arbitrator with knowledge of procurement/bidding law. In the event that the Town refers the dispute to arbitration, the bidder agrees that it is bound to arbitrate such dispute with the Town. Unless the Town shall refer such dispute to binding arbitration, there shall be no arbitration of such dispute. Page 13 ITEM IRREGULARITY RESPONSE Conditional bids (bids qualified, based on a Rejection unless, in the opinion of the 10. bidder's condition or restricted by an appended Director of Finance, the qualification or restriction is minor and would not adversely statement). affect an award decision. Bids containing clerical errors that do not result in Two (2) business days to correct and initial. 11. any ambiguity with respect to the overall submission or award decision, in the opinion of the Director of Finance. Two (2) business days to initial changes. The 12. Un-initialed changes to the submission. Town reserves the right to waive the initialing requirement and accept the submission as corrected. 13. Signature missing. Rejection. 14. Failure to include required supplementary Two business days to submit. copies of the original at time of submission. 15. Failure to acknowledge addenda. Rejection. When contact is made with any person at the Rejection 16. Town other than the individuals outlined in the Bidder's Instructions. Despite the provisions herein contained, 17. Any irregularity or non-compliance. Council may waive any irregularity or non- compliance. PRICING Failure to include the schedule(s) of items & Rejection. 18. prices, price form or price details, as may be applicable, for inclusion with the submission. Pricing appears to be unbalanced to the extent Rejection. 19. that it may have a significant adverse effect to the Town if awarded, in the opinion of the Director of Finance. BID DEPOSIT 20. Bid deposit or Bid Bond not submitted with bid. Rejection. 20. Bid deposit or Bid Bond amount is insufficient Rejection. by more than $1.00. 21. Surety provider's or Bidder's authorized Rejection. signature missing from Bid Bond. 22. Effective period of Bid Bond is less than the Rejection. period set out in the bid documents. AGREEMENT TO BOND 23. Agreement to bond not submitted with bid. Rejection. 24. Agreement to bond not in the form specified. Rejection. 25. Agreement to bond amount is insufficient by Rejection. more than $1.00. Page 15 STAFF REPORT FINANCE Title: TO VEST THE PROPERTY LOCATED ON 3 JOHN POUND ROAD Report No.: FIN 13-39 Author: Denis Duguay Meeting Type: COUNCIL MEETING Council/Committee OCTOBER 15, 2013 Date: Attachments: RECOMMENDATION THAT Council receive report FIN 13-39, To Vest the Property located on 3 John Pound Road; THAT Council authorize the Treasurer to vest the property on 3 John Pound Road, Part of Lots 1463 & 1464, Plan 500, into the ownership of the Corporation of the Town of Tillson burg; THAT the outstanding taxes be written off as uncollectible; AND THAT the property located on 3 John Pound Road be declared surplus. EXECUTIVE SUMMARY During the Tax Sale in August 2013, there was no successful purchaser for the property at 3 John Pound Road. As the Treasurer was not able to declare a successful purchaser at the time of the tax sale, the Corporation of the Town of Tillson burg has the option of vesting this property into its own name. Staff recommends that this property be vested into the ownership of the Corporation of the Town of Tillsonburg, and that the outstanding taxes be deemed uncollectible. CONSULTATION/COMMUNICATION On August 17, 2013 the Town of Tillsonburg commenced tax sales for two properties to recover outstanding property taxes. The tax sale closed on September 18, 2013. According to section 379(5) of the Municipal Act, 2001: "The treasurer, in accordance with the prescribed rules, shall conduct a public sale and determine whether there is a successful purchaser and, CAO The Town would then be able to recover from the County of Oxford and School board their portions of the outstanding taxes in the amount of $25,460.44. Therefore, the Town of Tillsonburg would be writing off total property taxes in the amount of $303,123.11. The Town in 2011 and 2012 recorded an allowance for doubtful accounts towards this property aggregating $200,000. The remaining allowance pertaining to this property to be recorded in 2013 would be $77,662.67 and is currently included in the third quarter projections to be presented to Council at the Council meeting on October 28, 2013. If the property is vested, declared surplus, and subsequently sold, then the funds from the sale would be distributed in accordance with section 353(4) of the Municipal Act, 2001 which requires a proportional distribution of the funds between the Town, County, and School Board. It is recommended that Council authorize the Treasurer to vest this property into the ownership of The Corporation of the Town of Tillsonburg. If the Town does not vest this property, the property would remain in the current ownership and would continue to be classified as taxable and would therefore accrue outstanding taxes. As there was no interest shown by any potential bidders in the tax sale process this September, it is unlikely that any funds could be recovered through another future tax sale. The Treasurer recommends to Council that the outstanding taxes are uncollectible and should be written off. If the property is vested into the ownership of the Town of Tillsonburg then the property would become exempt from future taxation while it is owned by the Municipality. The property should be declared surplus since Town staff is hopeful that one of the adjacent property owners might be interested if the land is declared surplus. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature DENIS DUGUAY DARRELL EDDINGTON 3 DATE:09/24/13 DATE:09/30/13 DATE: CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT FINANCE Ground Lease Acknowledgement Agreement FIN 13-42 Darrell Eddington COUNCIL MEETING OCTOBER 15, 2013 THAT Council receive report FIN 13-42 Ground Lease Acknowledgement Agreement; AND THAT By-Law 3766 be brought forward for Council consideration. EXECUTIVE SUM MARY RMM Tillsonburg Centre Property Inc., the current tenant to the July 31, 1979 Ground Lease agreement with the landlord, the Town of Tillsonburg, is in the process of obtaining a loan from CIBC. CIBC requires that the attached Ground Lease Acknowledgement Agreement be executed by all parties. The Town's lawyer, William Dahms, Miller Thomson LLP, is of the opinion that this agreement does not represent any new material obligation of the Town and is accordingly, recommending to the Town to sign such agreement. By-Law 3766 is therefore being brought forth for Council consideration. FINANCIAL IMPACT /FUNDING SOURCE N/A THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3766. A BY-LAW to authorize a Ground Lease Acknowledgement Agreement between The Corporation of the Town ofTillsonburg and RMM Tillsonburg Centre Property Inc. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into a Ground Lease Acknowledgement Agreement with RMM Tillsonburg Centre Property Inc. THEREFORE the Council of the Town ofTillsonburg enacts as follows: L THAT Schedule "A" attached hereto 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. READ A FIRST AND SECOND TIME THIS 15th DAY OF October, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 15th DAY OF October, 2013. MAYOR-John Lessif TOWN CLERK-Donna Wilson (;UJ I'' draft .~rptrmher 1'1. 21113 GROUND LEASE ACKNOWLEDGEMENT AGREEMENT THIS AGREEMENT made as of the_ day of September, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSON BURG (the "Landlord") OF THE FIRST PART -and- OBC MORTGAGES INC. (the "Lender") OF THE SECOND PART -and- RMM TILLSON BURG CENTRE PROPERTY INC. (the "Tenant") OF THE THIRD PART WHEREAS: A. The Landlord is the landlord and the Tenant is the tenant under a ground lease dated as of July 31'\ 1979 (the "Ground Lease"), as amended by agreements dated September 6, 1979 and further amended by an agreement dated May 28, 1980 notice of which is registered in the Land Registry Office of Oxford County (the "Land Titles Office") on September 11, 1980 as Instrument No. 269918, as further assigned to Sitton Properties Limited by Notice of Assignment registered as Instrument No. 278559, as amended by Notice of Agreement registered as Instrument No. 394697, and further assigned to Centrefund (Tillsonburg) Corporation by Notice of Assignment registered as Instrument No. 394746, as further amended by Notice registered as Instrument No. 394752 and further assigned to Centrefund (Tillsonburg) Corporation, now First Capital (Tillsonburg) Corporation by Notice of Assignment registered as Instrument No. 402928, as amended by Notice registered as Instrument No.C03780, as partially surrendered by Instrument No. 355720 and as further amended to the date hereof by Notice of Lease registered June 6, 2013 as Instrument No. C0105255 (the "Lease") and as assigned by First Capital (Tillsonburg) Corporation to the Tenant., by Notice of Assignment Lessee Interest registered as Instruments No. C0105256 and No.C0105257., (collectively, the "Lease"). B. The Lender has agreed to make a loan to the Tenant in the original principal sum of Twenty-Four Million Dollars, CDN ($24,000,000) (the "Loan") pursuant to a commitment letter dated August 22, 2013 between the Lender and the Tenant (the "Commitment Letter"). C. In this agreement, "Indebtedness" shall include the principal sum of the Loan, all interest thereon, and all other amounts comprising the Indebtedness as more particularly set out in the Commitment Letter. "Loan Documents" shall mean the Commitment Letter, the Leasehold Charge (defined below) and all other documents, security agreements, guarantees, instruments and agreements evidencing, securing and/or relating to the Loan and the Indebtedness as more particularly set out in the Commitment Letter. D. As required by the Commitment Letter, the Tenant has executed and delivered a leasehold charge dated as of the date hereof (the "Leasehold Charge") in favour of the HAM_LAW\ 445496\3 10369378.2 -3- mortgage of the leasehold interest of the Tenant arising pursuant to the Lease save and except the TD Bank Mortgage. 4. Covenants So long as the Indebtedness remains outstanding: (a) the Landlord will give the Lender not less than sixty (60) days prior written notice of the Lease becoming null and void; (b) any notice of default which is required or permitted to be given by the Landlord to the Tenant from time to time pursuant to the Lease or otherwise by law shall not be effective under or in respect of the Lease unless a copy of such notice is also given to the Lender in accordance with the notice provisions of Section 14 hereof; (c) any notice of default which is required or permitted to be given by the Lender to the Tenant under the Leasehold Charge shall be given by the Lender to the Landlord in accordance with the notice provisions of Section 14 hereof; (d) notwithstanding anything contained in the Lease and subject to Section 9 hereof, neither the Landlord nor the Tenant shall amend or terminate the Lease and the Landlord shall not accept a surrender of the Lease without the prior written consent of the Lender, and any such act and any agreement providing for same shall be null and void; and (e) the Tenant represents that it has all of the licenses, permits and certificates as are necessary for the operation of the Tenant's business from the leased premises. 5. Right to Cure The Landlord and the Tenant acknowledge that the Lender shall have the right, but not the obligation, to remedy any default under the Lease by the Tenant from time to time and the Landlord shall accept such performance by the Lender as if it had been made by the Tenant. In respect of any default by the Tenant under the Lease, the Landlord shall give the Lender not less than the period of time permitted to the Tenant pursuant to the Lease to remedy each default after notice of such default has been given to the Lender by the Landlord pursuant to Subsection 4(b) hereof, provided that if the nature of the default is such that it cannot reasonably be remedied within such period, the Lender shall be entitled to such longer period as may be reasonably required to remedy the default so long as the Lender is making in good faith diligent, commercially reasonable efforts to cure the default. During the period given by the Landlord to the Lender hereunder for remedying a default, the Landlord shall not exercise any rights it may have to terminate the Lease or re-enter the Lands as holder of the reversionary interest in the Lands pursuant to the Lease, and further the Landlord agrees that the Lease shall remain in full force and effect during such period. In curing or attempting to cure any such default, the Lender may enter upon the Lands but shall not be a mortgagee in possession. 6. Termination of Lease/New Lease If the Lease is disclaimed, repudiated, terminated or surrendered or becomes null and void for any reason whatsoever while the Indebtedness remains outstanding then upon request in writing given by the Lender to the Landlord within one hundred eighty (180) days after such disclaimer, repudiation, termination or surrender of the Lease, the Landlord shall immediately grant to the Lender, or its nominee or any assignee of the Lender's interest in the Loan Documents, or, at the direction of the Lender, a new lease of the Lands to replace the Lease (the "New Lease") for the balance of the then unexpired Term of the Lease commencing on the day after the date of termination or surrender of the Lease, and otherwise on substantially the same terms and conditions as are contained in the Lease. If the Lender requests a New Lease, (a) the Lender shall prepare the New Lease at its expense; HAM_ LA W\445496\3 10369378.2 -5- other amounts which accrues due and becomes payable to the Landlord under the Lease during such period of its possession. The Lender shall, upon vacating the Lands, be released from any and all obligations assumed by taking possession as aforesaid, and shall be released from any and all obligations under the Lease or the New Lease upon assignment thereof in accordance with the provisions hereof, including, without limitation, Section 7(b). 9. Liability of Landlord Nothing contained herein or arising by implication of law shall impose any obligation or liability whatsoever on the Landlord in respect of the obligations and liabilities of the Tenant under the Leasehold Charge and the other Loan Documents. 10. Time of the Essence Time shall be of the essence of this Agreement. 11. No Release of Assignee Nothing herein contained shall be deemed to relieve or release the Tenant from its covenants under the Lease. 12. Assignment The Landlord shall not sell, transfer or mortgage the Lands or sell, transfer, mortgage or assign its interests in the Lease unless the proposed transferee, mortgagee or assignee enters into an agreement with the Lender and the Tenant to assume the obligations of the Landlord hereunder. 13. Registration The Lender shall be entitled to register notice of this Agreement against title to the Lands provided such notice does not disclose any financial terms of the Lease. The Lender shall delete/discharge such notice from title to the Lands, at the sole expense of the Tenant, upon termination of the Loan and Commitment Letter. 14. Notice Any notice, demand, request or communication required or permitted to be given or made by any of the parties to the other shall be given by personal delivery, facsimile transmission or by registered prepaid mail addressed: in the case of the Lender, to: CIBC MORTGAGES INC. P.O. Box 115, Commerce Court Postal Stn. Toronto, Ontario MSJ 2X4 Attn: Josephine Lo, Senior Commercial Mortgage Funder/Analyst Fax: (866) 837-4082 and in the case of the Landlord, to: The Corporation of the Town of Tillsonburg Suite 204, 200 Broadway Street Tillsonburg, Ontario N4G 5A7 Attn: Finance and Administration Fax: (519) 842-9431 and in the case of the Tenant, to: HAM_LAW\ 445496\3 10369378.2 -7- IN WITNESS WHEREOF the parties have signed this Agreement under seal. Landlord: Lender: Tenant: HAM_LAW\445496\3 10369378.2 THE CORPORATION OF THE TOWN OF TILLSON BURG Per: Name: Title: Per: Name: Title: John Lessif Mayor Donna Wilson Clerk I/We have the authority to bind the Corporation. CBC MORTGAGES INC. Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation. RMM TILLSON BURG CENTRE PROPERTY INC. Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation. Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS DEPARTMENT TILLSONBURG FLAG POLICY CL 13-24 AMBER ZIMMER COUNCIL MEETING SEPTEMBER 23, 2013 1. TILLSONBURG FLAG POLICY THAT Council receive Report CL 13-24, Tillsonburg Flag Policy; AND THAT Council adopt the Tillsonburg Flag Policy. EXECUTIVE SUMMARY The Tillsonburg Flag Policy has been changed to reflect the requests from Council at the September 23rd meeting. The policy now includes Section 3, which accepts flag raisings for public awareness by charitable, community and ethnic groups at no charge. Requests will be approved by the Mayor and CAO, and flag raisings will occur only at the Cenatoph on the Tillsonburg Flag pole. The policy includes a section where requests will not be considered for flag raisings when they are for political and religious groups or are contrary to Municipal policies or by-laws or to defame the integrity of Council. CONSULTATION/COMMUNICATION In researching flag etiquette, eight flag policies from other municipalities were reviewed, as well as the Provincial and Federal standards. This policy closely aligns with those reviewed and follows the standards laid out in the Canadian Heritage Rules for Flying the Flags. FINANCIAL IMPACT /FUNDING SOURCE There will be no financial impact resulting from the implementation of this policy. THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES ADMINISTRATIVE POLICY TILLSONBURG FLAG POLICY REVISION DATE: Schedule A-Town of Tillsonburg Flag Locations A. Policy Statement Page 1 of6 There is a need to provide the Town of Tillsonburg with a clear set of guidelines on the. procedures of flying and half-masting flags. B. Purpose This policy will establish clear guidelines to govern the raising, displaying, and half- masting of flags at the Town of Tillsonburg properties and buildings to ensure The Town's practices are exercised in a consistent and appropriate manner. C. Scope This policy applies to all flags flown by the Town of Tillsonburg. D. General This policy shall be administered by the Clerk's Department. This policy shall be referred to as the "Tillsonburg Flag Policy". This policy comes into force and effect on the date adopted. E. Authority The authority for the Tillsonburg Flag Policy shall be by the approval of the Council of the Town of Tillsonburg. THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY TILLSONBURG FLAG POLICY APPROVAL DATE: SCHEDULES 2. Flags at Half-mast REVISION DATE: Schedule A-Town of Tillsonburg Flag Locations Page 3 of6 2.1. All flags maintained by the Town ofTillsonburg, capable of being lowered, will be flown at half-mast as a sign of mourning. Schedule A, attached, lists all flags maintained by the Town. 2.2. On occasions requiring a flag be flown at half-mast, all flags flown together should also be flown at half-mast. 2.3. Flags will be flown at half-mast when the Town has been notified upon the death of: o The Sovereign, or a member of the Royal Family; o The Governor General, or a former governor general; o The Prime Minister, or a former prime minister; o The Lieutenant Governor of Ontario or the Premier of Ontario; o A local Member of Federal or Provincial Parliament; o The Mayor, or a former Mayor of Tillson burg o A Member of Town Council or a former member of Town Council; o A member of Canadian Forces from the Town of Tillsonburg (born in the Town of Tillsonburg, or has made the Town of Tillsonburg a home) 2.4. Upon notice of the death of any Firefighter in the Province of Ontario, killed in the line of duty, the flags at the Fire Hall shall be flown at half-mast. 2.5. Each Remembrance Day, November 11th, the flags at the Cenotaph will be half- mast at 11 :OOam, or according to the prescribed order of service. 2.6. Flags may also be flown at half-mast as a result of a significant event or circumstance. Should such an occasion arise, the Town Clerk (or designate) will consult with the Mayor and the CAO. A joint decision will be made by the CAO and the Mayor as to whether any flags at Town facilities should be flown at half- mast, and if so, the extent and duration. THE CORPORATION OF THE TOWN OF TILLSONBURG APPROVAL DATE: SCHEDULES ADMINISTRATIVE POLICY TILLSONBURG FLAG POLICY REVISION DATE: Schedule A-Town of Tillsonburg Flag Locations 3.4. Requests shall not be approved: • For political parties or political organizations; • For religious organizations or the celebration of religious events; • If the intent is contrary to Municipal policies or by-laws; • If the intent is to defame the integrity of Council; Page 5 of6 STAFF REPORT OPERATIONS SERVICES Title: Annandale Subdivision Ph. 7 Stage 1-Completion of Surface Asphalt and Miscellaneous Site Works Report No.: OPS 13-24 Author: Mark Jeffery CET, Sr. Operations Technologist Meeting Type: COUNCIL MEETING Council/Committee OCTOBER 15 2013 Date: Attachments: NONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-24 Annandale Subdivision Ph. 7 Stage 1 - Completion of Surface Asphalt and Miscellaneous Site Works as information. RESOLVE THAT the tender for Annandale Subdivision Ph. 7 Stage 1 -Completion of Surface Asphalt and Miscellaneous Site Works be awarded to Dufferin Construction Company of London, Ontario at a cost of $127,503.55 (HST included). EXECUTIVE SUMMARY Tenders were called by CJDL Consulting Engineers, for the Annandale Subdivision Ph. 7 Stage 1 -Completion of Surface Asphalt and Miscellaneous Site Works with eight plan takers and a total of four bids were received on October 4th, 2013 with the lowest bid from Dufferin Construction Company of London, Ontario at a cost of $127,503.55. (HST included). COMMENTS The project involves the completion of the Annandale Subdivision Ph. 7 Stage 1 that includes the placement of the surface asphalt, base asphalt repairs, miscellaneous sidewalk and curb repairs, cleaning and maintenance to the SWM pond and sewer flushing. The Town is acting as an agent for 911714 Ontario Inc., the developer for this subdivision. The developer is considered in default as they have not responded to the requests from the Town and its solicitor to complete the outstanding works. CAO John D. Wiebe, P. Eng. Peter J, Penner, P. Eng. \T. Paul Tuff, P. Eng. ;Andrew Gilvesy, P. Eng. email: cjdl@cjdleng.com www.cjdleng.com Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, Ontario N4G 5A7 CJDL Consulting Engineers 4 October 2013 Cyril J. Demeyere Limited P.O. Box 460, 261 Broadway Tillsonburg, Ontario. N4G 4H8 Tel: (519) 688-1000 Toll Free: 1-866-302-9886 Fax: (519) 842-3235 1515T RE: ANNANDALE HEIGHTS SUBDIVISION, PHASE 7, STAGE 1 TOWN OF TILLSONBURG ATTENTION: MR. STEVE LUND, P. ENG .. DIRECTOR OF OPERATIONS Dear Sir: Tenders for the above project were opened at 12:00 noon, Friday, 4 October 2013 at a meeting attended by yourself, Mark Jeffery, Contractor representatives and myself. The following tenders were received for the project: DUFFERIN CONSTRUCTION COMPANY COCO PAVING INC. DEL-KO PAVING & CONSTRUCTION COMPANY PERMANENT PAVING LTD. *Signed copy of Addendum 1 was not included in submission. A breakdown of Dufferin's tender is as follows: Part 1 Part 2 Part 3 Concrete Repairs & New Sidewalk Asphalt Repairs & Surface Asphalt General Total Tender Price ( excl. HST) $112,385.00 $124,432.25 * $129,022.50 * $156,250.00 $ 43,375.00 62,380.00 7,080.00 $112,835.00 It is recommended that the tender submitted by Dufferin Construction Company for $112,835.00 be accepted and a contract be awarded. A copy of the tenders will be forwarded by email for your records. If there are any questions, please do not hesitate to contact this office. PJP/sed c.c. Mr. Mark Jeffery, Engineering Technologist, Town of Tillsonburg Mr. David Calder, CAO, Town of Tillsonburg D Fax D Mail D Deliver D Courier ;J.Email STAFF REPORT OPERATIONS SERVICES Title: Park Place Subdivision -Completion of Surface Asphalt and Miscellaneous Site Works Report No.: OPS 13-25 Author: Mark Jeffery CET, Sr. Operations Technologist Meeting Type: COUNCIL MEETING Council/Committee OCTOBER 15 2013 Date: Attachments: NONE RECOMMENDATION RESOLVED THAT Council receive Report OPS 13-25 Park Place Subdivision -Completion of Surface Asphalt and Miscellaneous Site Works as information. RESOLVE THAT the tender for Park Place Subdivision -Completion of Surface Asphalt and Miscellaneous Site Works be awarded to Coco Paving Inc. of London, Ontario at a cost of $90,959.07 (HST included). EXECUTIVE SUMMARY Tenders were called by L.A. Girard Engineering, for the Park Place Subdivision - Completion of Surface Asphalt and Miscellaneous Site Works with ten plan takers and a total of three bids were received on October 4th, 2013 with the lowest bid from Coco Paving Inc. of London, Ontario at a cost of $90,959.07. (HST included). COMMENTS The project involves the completion of the Park Place Subdivision that includes the placement of the surface asphalt, miscellaneous sidewalk and curb repairs, cleaning and maintenance to the SWM pond and sewer flushing. The Town is acting as an agent for 2143677 Ontario Inc., the developer for this subdivision. The developer is considered in default as they have not responded to the requests from the Town and its solicitors to complete the outstanding works. CAO Town ofTillsonburg Attn: MarkJeffery We have attached a summary of the tender breakdown for paving, concrete repairs and miscellaneous site work at Park Place Subdivision. The tender submitted by Coco Paving was the lowest. Coco provided the $5000 bid deposit and completed the tender form as requested. We tendered similar work last year and noted a considerable increase in prices probably due to the short tender period and the time of year. Prices for concrete curb repair submitted this year varied from $173.25 to $300 per metre. Last years price was in a range of $125-$155 per metre. Raising of manholes went from $370- $543 each last year to $431-$570 this tender. The prices for HL3 Asphalt in this tender $91.75-$105 per tonne was comparable to last years prices $95.60-$107 per tonne. Overall the tenders were competitive and appear to be in line with prices tendered on similar projects. Better prices could possibly have been obtained by extending the tender period and tendering during the winter for work to be completed in the spring of 2014. It is our recommendation to award the work to Coco Paving for the tendered price of $80,494.75 excluding HST. Len Girard, P. Eng. LA Girard Engineering (Ontario) Ltd Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT Operations Services Municipal Parking Lot and Airport Snow Removal OPS13-26 Randy Vince,CRS-I , Roads Manager S.T.Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING OCTOBER 15TH, 2013 NONE "Resolve that Council receives Operations Services Report OPS13-26" And further that "Quotation for Part A -Snowplowing for the Municipal, Police & Fire Services Parking Lots for the 2013 -2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd. of Ingersoll, ON." And further that "Quotation for Part B -Snowplowing for the Tillsonburg Regional Airport Runway for the 2013 -2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd., of Ingersoll, ON." EXECUTIVE SUMMARY Quotations were called for snow plowing Part-A -Municipal, Police, Fire and Airport Parking Lots and Part B -Airport Runway and Parking Lots. Four (4) quotes were received out of five (5) specification takers. D&D Commercial Property Maintenance of Ingersoll, ON was low bidder on both Parts A & B -Municipal Parking Lots and Airport service areas. Comments The Quotation RFT -2013 -001 was structured so bidders could bid Part A -Town Municipal Parking Lots or Part B -Airport Runway and Parking lots or Both Parts A&B. The quotations were opened in the presence of the Fleet Manager and the Roads Manager. Natures Choice, 98 Spruce Street. Tillsonburg, ON Loader No.1 (2.5 cu.yds. Bucket) = $97.50/Hr. Loader No.2 (3 cu.yds. Bucket) = $97.50/Hr. Standby, Insurance and Overhead Pay (Lump Sum) = $24,000 The total hours averaged over three recent winter seasons is 333 hrs and the actual number of hours will be weather dependent for Part A -Municipal Parking Lots Company Hrs. Cost (Based on 333 Hrs.) Standby Cost D&D Com. Property Mtce. Horvath Holdings Inc. Hawley Trucking Natures Choice $28,139 $32,218 $27,972 $32,468 Part B -AirPort Snow Removal Tender $0 $1,265 $12,000 $24,000 D&D Commercial Property Maintenance Ltd., Ingersoll, ON Machine one: 18ft Blade $79.50 hr. Machine two: Tractor blower $75 hr. Standby, Insurance and Overhead Pay (Lump Sum) = $0 J. Horvath Holdings Inc., Tillsonburg, ON Machine one: 18ft Blade $105 hr. Machine two: Tractor snow blower $85 hr. Standby, Insurance and Overhead Pay (Lump Sum) = $0 $28,139 $ 33,483 $39,972 $ 56,468 D&D Commercial Property Maintenance was the low quotation on Part B -Airport Snow Removal Quotation. Their hourly equipment fees are lower and meet the requirements of the quotation. They have successfully worked for the town in previous years on the parking Page 3/4 CAO Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT FINANCE RFP for Audit Services FIN 13-38 Darrell Eddington COUNCIL MEETING OCTOBER 15, 2013 THAT Council receive report FIN 13-38, RFP for Audit Services. EXECUTIVE SUMMARY At the September 23, 2013 Council, Council approved a one year extension of the audit contract, until the completion of the 2013 audit, with Scrimgeour & Company. Council requested a follow up information report confirming: 1. That a RFP for audit services for the fiscal 2014 (and subsequent fiscal years) audit will be issued in Q4 2013; 2. That the results of the RFP will be brought to Council and the Tillsonburg Hydro Board (THI) in Q1 2014. 3. And that staff inform THI that Council requests THI to join the Town in selecting the same auditor so as to minimize audit costs. Through a staff report to the THI Board at their meeting scheduled for October 15, 2013, staff informed the Board of the above points. FINANCIAL IMPACT /FUNDING SOURCE N/A Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION STAFF REPORT CLERK'S OFFICE APPOINTMENT OF ADDITIONAL MEMBERS TO A COMMITTEES OF COUNCIL CL 13-20 AMBER ZIMMER IN-CAMERA COUNCIL MEETING OCTOBER 15, 2013 APPLICATIONS FOR COMMITTEES THAT Council receive Report CL 13-20, Appointment of Additional Members to various Committees of Council; AND THAT ________ be appointed to the Heritage, Beautification and Cemetery Advisory Committee; AND THAT ________ by appointed to the Parks & Recreation Advisory Committee; AND FURTHER THAT By-Law 3763, To Appoint Additional Members to various Committee of Council be brought forward in Council for consideration. EXECUTIVE SUMMARY When the committees of Council were formed in March not all of the committees had a sufficient number of members. After the formation, two committees were able to find additional volunteers to fill the committee vacancies. Additional members have now been recruited for the Heritage, Beautification and Cemetery Advisory Committee and the Parks & Recreation Advisory Committee. These new volunteers will be members for the remaining two-year term for committees and are subject to the guidelines set out in By-Law 3702, to adopt the Town of Tillson burg Policies relating to Committees. FINANCIAL IMPACT /FUNDING SOURCE There would be no financial impact. Precedence for Aggregate Pit Rehabilitation & a Future Vision of Oxford County A Zorra Township Case History 1 -----~ .......... '-.-__ / ~--- I ... 11]10:& ~ ~ " > ~ l•A UM){IIliOI"tCC l~tvt•row•'"''""' ~!()tl. A.J":'P-QQ!'r. ~N.;~T~ '/NT A. 'Ill Ylhl~ liN) !HI: .,.._ .......... ~~ .. ( ~ ji; rws l'O<t oott 10•V) A PA.IT 01 r>tt cov.vr 01 OKfOIIO Olr.tO,I,t P~AN A.'O lolv)f 6( ~{AD IN (0N!(Illl(n()'o MTH 0<( Yl'tll (( N Tr X1 TMJ$ 11 ""' OfiiCI (0t,~SOt10AnO.'I' ,_U.cJtiO 100 {QI'o\ff"f·'"Cf ON:r fOO A((t;.O,I,Tf ltUl~f/H;r lt((OV.rSr $Jt0V(O ~( 11,1,!;) TO 1HC O~IG.\ .. A! cxx:uwt.~r AN:>Aott.,owrwrswt•no. BASE MAP LEGEND -··· r.tU,.'ICIPAI. 80UNOARY MAJOR ROADS OTHEAAOAOS RAilWAY ...,. .......... ) "J..t-''•"' ...... ,·~··'"· LAND USE PLAN LEGEND AGRICVLTl.fW. R£~AVE -SETn.EMENl' -OPENSPACE E,.VIRONME.Nl'Al PROTECTION -OUAAAY AAEA -FUT~E URSAN GROW'I't! -UMESTONE ReSOURCE ...... ..., ... ~~~~.,.,.,.. A Zorra Case History o Since the 1930's the Elliott family has owned prime agricultural land within Zorra Township, Oxford County o In approx. 1970 Federal White Cement began processing aggregate on the neighbouring LaForge property o Prior to the 1990's the Elliott property was designated as "Quarry Area", a designation that restricts private property owners from certain property uses such as operation of a commercial business ' 1--'-------,'--r -" ---''·~I_J____ -----·+· 1- I I o In 1998 Reed Elliott participated in an Ontario Municipal Board hearing, at his own personal expense, in an effort to remove the Quarry Area designation from his property and regain his personal property rights and freedoms re: protection and "permitted uses" of his land o The Township of Zorra requested that the Minister of Municipal Affairs and Housing refer the issue to the OMB and participated in the hearing, stating the scope as: o ~~section 3.3. 1.3 and Schedule Z-1 of the County of Oxford Official Plan dealing specifically with the designation of agricultural lands for future quarrying. H o OMB File# 0960179 o Decision/Order # 0911 1- -~ I I ~--~---- MOE Statements to Media in Response to Citizen Concerns 11 0/d quarries are not possible landfill sites, assured Linda Girard, an environmental officer from London. Quarries are usually dug too deep and groundwater could be polluted by landfill, she said. Sites chosen for landfills also have to fit within guidelines." -Sentinel Review, June 1991 l 2006 OMB Hearing o The Ministry of Natural Resources {MNR) and Federal White Cement (FWC) pursued approval to re-zone land zoned General Agriculture {A2) to Quarry Industrial {MQ) o OMB File #s M030143 and Z030179 o Decision/Order # 0732 o Background: Zorra had denied this application based on "unresolved issues regarding air quality in the Beachville Area" '--'' I ! :J : o The OMB decision was to approve the zone change, based in part on the rehabilitation site plan, a legally binding agreement with the MNR, governed by the Ministry of Natural Resources A thick cloud of particulate (dangerous dust) envelopes the FWC property and billows onto adjacent properties --~--- 1 --- I.-·-0 "'0 1..- 0 x 0 (/") ([) "'0 0 1..- 0) ([) "'0 ~ u 0 +-(/") 0 ~ LL 0 E 0 1..-4-- c 0 ·--+- ::::> 0 Q_ r0 ....- 0 N >-0 2 o Rehabilitation is FREE for the County of Oxford, it is the responsibility of aggregate license holders! o A rehabilitated aggregate property restores some of the value to the land that was lost during quarrying o Rehabilitation is to offer "net environmental gain" according to the County Plan '-<-o__..l ------~/ . r- o Oxford can market the rehabilitated land as a draw to the tourism market: o Lakes, ponds and rivers o Conservation area lands o Recreational land o Outdoor activities like swimming, camping, snorkeling, scuba diving, hiking; to improve the health and well-being of Oxford residents and visitors o Businesses that cater to the recreation supported by the rehabilitated properties: B&Bs, cottage rentals, restaurants o Oxford supports 3000 tourism jobs: lets support this industry! I t __ _ T-1 ----~ --- Conclusion o By helping enforce legally binding site plans, Oxford and its municipalities will experience a gain in usable, rehabilitated land o Recreational and conservation quality land can support a healthy outdoor lifestyle for residents and guests o Our health & environment and agricultural & tourism industries will benefit from after-uses that are compatible with healthy communities such as restored agricultural land and natural areas - '-· / I ""--,. ., THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3766 A BY-LAW to authorize a Ground Lease Acknowledgement Agreement between The Corporation of the Town ofTillsonburg and RMM Tillsonburg Centre Property Inc. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into a Ground Lease Acknowledgement Agreement with RMM Tillsonburg Centre Property Inc. THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Schedule "A" attached hereto 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. READ A FIRST AND SECOND TIME THIS 15th DAY OF October, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 15th DAY OF October, 2013. MAYOR-John Lessif TOWN CLERK-Donna Wilson (;IJI I'' draft ~cptclllhcr 19.21113 GROUND LEASE ACKNOWLEDGEMENT AGREEMENT THIS AGREEMENT made as of the_ day of September, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSON BURG (the "Landlord") OF THE FIRST PART -and- OBC MORTGAGES INC. (the "Lender") OF THE SECOND PART -and- RMM TILLSON BURG CENTRE PROPERTY INC. (the "Tenant") OF THE THIRD PART WHEREAS: A. The Landlord is the landlord and the Tenant is the tenant under a ground lease dated as of July 31'1, 1979 (the "Ground Lease"), as amended by agreements dated September 6, 1979 and further amended by an agreement dated May 28, 1980 notice of which is registered in the Land Registry Office of Oxford County (the "Land Titles Office") on September 11, 1980 as Instrument No. 269918, as further assigned to Sifton Properties Limited by Notice of Assignment registered as Instrument No. 278559, as amended by Notice of Agreement registered as Instrument No. 394697, and further assigned to Centrefund (Tillsonburg) Corporation by Notice of Assignment registered as Instrument No. 394746, as further amended by Notice registered as Instrument No. 394752 and further assigned to Centrefund (Tillsonburg) Corporation, now First Capital (Tillsonburg) Corporation by Notice of Assignment registered as Instrument No. 402928, as amended by Notice registered as Instrument No.C03780, as partially surrendered by Instrument No. 355720 and as further amended to the date hereof by Notice of Lease registered June 6, 2013 as Instrument No. C0105255 (the "Lease") and as assigned by First Capital (Tillsonburg) Corporation to the Tenant., by Notice of Assignment Lessee Interest registered as Instruments No. C0105256 and No.C0105257., (collectively, the "Lease"). B. The Lender has agreed to make a loan to the Tenant in the original principal sum of Twenty-Four Million Dollars, CDN ($24,000,000) (the "Loan") pursuant to a commitment letter dated August 22, 2013 between the Lender and the Tenant (the "Commitment Letter"). C. In this agreement, "Indebtedness" shall include the principal sum of the Loan, all interest thereon, and all other amounts comprising the Indebtedness as more particularly set out in the Commitment Letter. "Loan Documents" shall mean the Commitment Letter, the Leasehold Charge (defined below) and all other documents, security agreements, guarantees, instruments and agreements evidencing, securing and/or relating to the Loan and the Indebtedness as more particularly set out in the Commitment Letter. D. As required by the Commitment Letter, the Tenant has executed and delivered a leasehold charge dated as of the date hereof (the "Leasehold Charge") in favour of the HAM_ LA W\44549613 10369378.2 - 3 - mortgage of the leasehold interest of the Tenant arising pursuant to the Lease save and except the TD Bank Mortgage. 4. Covenants So long as the Indebtedness remains outstanding: (a) the Landlord will give the Lender not less than sixty (60) days prior written notice of the Lease becoming null and void; (b) any notice of default which is required or permitted to be given by the Landlord to the Tenant from time to time pursuant to the Lease or otherwise by law shall not be effective under or in respect of the Lease unless a copy of such notice is also given to the Lender in accordance with the notice provisions of Section 14 hereof; (c) any notice of default which is required or permitted to be given by the Lender to the Tenant under the Leasehold Charge shall be given by the Lender to the Landlord in accordance with the notice provisions of Section 14 hereof; (d) notwithstanding anything contained in the Lease and subject to Section 9 hereof, neither the Landlord nor the Tenant shall amend or terminate the Lease and the Landlord shall not accept a surrender of the Lease without the prior written consent of the Lender, and any such act and any agreement providing for same shall be null and void; and (e) the Tenant represents that it has all of the licenses, permits and certificates as are necessary for the operation of the Tenant's business from the leased premises. 5. Right to Cure The Landlord and the Tenant acknowledge that the Lender shall have the right, but not the obligation, to remedy any default under the Lease by the Tenant from time to time and the Landlord shall accept such performance by the Lender as if it had been made by the Tenant. In respect of any default by the Tenant under the Lease, the Landlord shall give the Lender not less than the period of time permitted to the Tenant pursuant to the Lease to remedy each default after notice of such default has been given to the Lender by the Landlord pursuant to Subsection 4(b) hereof, provided that if the nature of the default is such that it cannot reasonably be remedied within such period, the Lender shall be entitled to such longer period as may be reasonably required to remedy the default so long as the Lender is making in good faith diligent, commercially reasonable efforts to cure the default. During the period given by the Landlord to the Lender hereunder for remedying a default, the Landlord shall not exercise any rights it may have to terminate the Lease or re-enter the Lands as holder of the reversionary interest in the Lands pursuant to the Lease, and further the Landlord agrees that the Lease shall remain in full force and effect during such period. In curing or attempting to cure any such default, the Lender may enter upon the Lands but shall not be a mortgagee in possession. 6. Termination of Lease/New Lease If the Lease is disclaimed, repudiated, terminated or surrendered or becomes null and void for any reason whatsoever while the Indebtedness remains outstanding then upon request in writing given by the Lender to the Landlord within one hundred eighty (180) days after such disclaimer, repudiation, termination or surrender of the Lease, the Landlord shall immediately grant to the Lender, or its nominee or any assignee of the Lender's interest in the Loan Documents, or, at the direction of the Lender, a new lease of the Lands to replace the Lease (the "New Lease") for the balance of the then unexpired Term of the Lease commencing on the day after the date of termination or surrender of the Lease, and otherwise on substantially the same terms and conditions as are contained in the Lease. If the Lender requests a New Lease, (a) the Lender shall prepare the New Lease at its expense; HAM_LAW\ 445496\3 10369378.2 -5- other amounts which accrues due and becomes payable to the Landlord under the Lease during such period of its possession. The Lender shall, upon vacating the Lands, be released from any and all obligations assumed by taking possession as aforesaid, and shall be released from any and all obligations under the Lease or the New Lease upon assignment thereof in accordance with the provisions hereof, including, without limitation, Section 7(b). 9. Liability of Landlord Nothing contained herein or arising by implication of law shall impose any obligation or liability whatsoever on the Landlord in respect of the obligations and liabilities of the Tenant under the Leasehold Charge and the other Loan Documents. 10. Time of the Essence Time shall be of the essence of this Agreement. 11. No Release of Assignee Nothing herein contained shall be deemed to relieve or release the Tenant from its covenants under the Lease. 12. Assignment The Landlord shall not sell, transfer or mortgage the Lands or sell, transfer, mortgage or assign its interests in the Lease unless the proposed transferee, mortgagee or assignee enters into an agreement with the Lender and the Tenant to assume the obligations of the Landlord hereunder. 13. Registration The Lender shall be entitled to register notice of this Agreement against title to the Lands provided such notice does not disclose any financial terms of the Lease. The Lender shall delete/discharge such notice from title to the Lands, at the sole expense of the Tenant, upon termination of the Loan and Commitment Letter. 14. Notice Any notice, demand, request or communication required or permitted to be given or made by any of the parties to the other shall be given by personal delivery, facsimile transmission or by registered prepaid mail addressed: in the case of the Lender, to: CIBC MORTGAGES INC. P.O. Box 115, Commerce Court Postal Stn. Toronto, Ontario MSJ 2X4 Attn: Josephine Lo, Senior Commercial Mortgage Funder/Analyst Fax: (866) 837-4082 and in the case of the Landlord, to: The Corporation of the Town of Tillsonburg Suite 204, 200 Broadway Street Tillsonburg, Ontario N4G SA7 Attn: Finance and Administration Fax: (519) 842-9431 and in the case of the Tenant, to: HAM_ LA WI 445496\3 10369378.2 -7- IN WITNESS WHEREOF the parties have signed this Agreement under seal. Landlord: Lender: Tenant: HAM_LAW\445496\3 10369378.2 THE CORPORATION OF THE TOWN OF TILLSON BURG Per: Name: John Lessif Title: Mayor Per: Name: Title: Donna Wilson Clerk I/We have the authority to bind the Corporation. OBC MORTGAGES INC. Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation. RMM TILLSON BURG CENTRE PROPERTY INC. Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3763 A BY-LAW to appoint additional members to various Committees. WHEREAS it is necessary and expedient to appoint more members to be responsible for the functions of the various Committees of the Town ofTillsonburg. AND WHEREAS Council previously appointed members to Committees in By-Law 3704; BE IT THEREFORE ENACTED by the Municipal Council ofthe Town ofTillsonburg as follows: 1. THAT the attached Schedule "A" is hereby adopted and forms part of this bylaw. 2. THAT the persons named in Schedule "A" attached hereto are hereby appointed and shall be added to the respective Committee opposite their name for the duration of the term set out in By-Law 3704, or until such time as their replacement has been named. 2. THAT all members appointed hereby shall hold office at the pleasure of Council and the provisions of The Municipal Conflict of Interest, R.S.O. 1990, Chapter M.SO and amendments thereto shall apply. 3. BY-LAW number 3704 of the Town ofTillsonburg is hereby amended. 4. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST AND SECOND TIME THIS 15th DAY OF OCTOBER, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 15th DAY OF OCTOBER, 2013. MAYOR-John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3767 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 15th day of October, 2013 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 Tillson burg 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 October 15, 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 15th DAY OF OCTOBER, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 15th DAY OF OCTOBER, 2013. MAYOR-John Lessif TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO .: ---=1 __ MOVED BY: c~ K cr.W ~­ ~!I!dzj! SECONDEDBY: ~~~~~~--~~~~~------ THAT the Agenda as prepared for the Council Meeting of October 15, 2013, be adopted. B Carried D Recorded Vote D Defeated D Deferred D Tabled /'"l,r--___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council move into Closed Session, to consider: Matters relating to Personal Matters about an identifiable individual including municipal employees (Retirement and Committee Appointments); Matters relating to labour relations or employee negotiations (Firefighters); and Matters relating to a proposed or pending acquisition or disposition of land by the Municipality TGCC). c{carried D Recorded Vote D Defeated D Deferred D Tabled v ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO.: ---=3 __ MOVED BY: THAT the Minutes of the Council Meeting of September 23, 2013 be approved. 8 Carried D Recorded Vote D Defeated D Deferred D Tabled M Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 5 Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council request that THIIook at what the impact of a $1500.00 per residential service contribution would be, what does this mean for the shareholder, the rates that were just approved and the bottom line to THI. ~ Carried D Defeated D Deferred D Tabled D Recorded Vote ~ ~~~g~l lgill~ll COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.· MOVED BY: THAT Tillsonburg Council advise Oxford County that the Town supports a Three year extension to the draft approval of the Lind prop Corporation residential plan of subdivision, to October 22, 2016. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~or's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 THAT Council direct staff to proceed with formal public meetings regarding amendments to the Official Plan and the Zoning By-law for the purpose of implementing Official Plan policies and zoning provisions to regulate the location of methadone clinics and methadone dispensaries in accordance with the recommendations contained in Report No. 2013-261. ~ed D Recorded Vote D Defeated D Deferred D Tabled ~r's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 MOVED BY: WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillson burg; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; AND THAT Council of the Town of Tillsonburg supports without reservation the construction and operation of the Projects anywhere in the Town ofTillsonburg. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose; AND THAT this resolution shall expire on October 15, 2014. crried D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: 7 // " /) c ~7--- SECONDED BY: --r-~~.~-~::...-~~-------- MOVED BY: RESOLVE THAT council receive Report DCS 13-77 Noise Issues -A & Wand Allen Street Citizens as information. c£carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: 8 {?/ /~=-Ze£aAZ' I MOVED BY: SECONDED BY: _#~~.....~....~--=-1f1------2~frL__· __ THAT Council receive report FIN 13-41, THI Economic Evaluation Model as information. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 MOVED BY: fltorto.--.,., rc D.Pf't:'fL The i<esc).L~tto.,..J .~ J6 THAT Council receive-report FIN 13-37, P1 1rchasing Policy; AND THAT 13y-Law 3765, to adopt Ute Town of T1llsonburg F'aicllasill9 Policy, be bJOugi1L Forward1or Ceuncil consideration. c{c'arried D Recorded Vote D Defeated D Deferred ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive report FIN 13-39, To Vest the Property located on 3 John Pound Road; THAT Council authorize the Treasurer to vest the property on 3 John Pound Road, Part of Lots 1463 & 1464, Plan 500, into the ownership of the Corporation of the Town of Tillsonburg; THAT the outstanding taxes be written off as uncollectible; AND THAT the property located on 3 John Pound Road be declared surplus. ~ried D Recorded Vote D Defeated D Deferred D Tabled Q___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive report FIN 13-42 Ground Lease Acknowledgement Agreement; AND THAT By-Law 3766 be brought forward for Council consideration. ~rried D Recorded Vote D Defeated D Deferred D Tabled Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO.: --=1=2 __ THAT Council receive Report CL 13-24; AND THAT Council adopt the Tillsonburg Flag Policy. D Recorded Vote D Defeated D Tabled ·~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report OPS 13-24 Annandale Subdivision Ph. 7 Stage 1 -Completion of Surface Asphalt and Miscellaneous Site Works as information. THAT the tender for Annandale Subdivision Ph. 7 Stage 1 -Completion of Surface Asphalt and Miscellaneous Site Works be awarded to Dufferin Construction Company of London, Ontario at a cost of $127,503.55 (HST included). D Recorded Vote D Defeated D Deferred ~Tabled ~r's lnltials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO.: --=1-'-4 __ ~~~--~-.-..... SECONDEDBY: -------+~~-------------- MOVED BY: THAT Council receive Report OPS 13-25 Park Place Subdivision -Completion of Surface Asphalt and Miscellaneous Site Works as information. THAT the tender for Park Place Subdivision-Completion of Surface Asphalt and Miscellaneous Site Works be awarded to Coco Paving Inc. of London, Ontario at a cost of $90,959.07 (HST included). crrried D Recorded Vote D Defeated D Deferred D Tabled Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: 15 THAT Council receives Operations Services Report OPS13-26" AND THAT "Quotation for Part A-Snowplowing for the Municipal, Police & Fire Services Parking Lots for the 2013-2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd. of Ingersoll, ON." AND THAT "Quotation for Part B-Snowplowing for the Tillsonburg Regional Airport Runway for the 2013 -2014 Winter Season to be awarded to D&D Commercial Property Maintenance Ltd., of Ingersoll, ON." w/.rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: 16 e t2ez-z_e_~ SECONDED BY: ----'-~...<..¥-J~~i;--.:::>::;;>~/1/j;~-·.·-· __ MOVED BY: THAT Council receive report FIN 13-38, RFP for Audit Services as information. ~arried D Recorded Vote D Defeated D Deferred Tabled D ~ · Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Council receive Report CL 13-20, Appointment of Additional Members to various Committees of Council; AND THAT Charlie Baldwin be appointed to the Heritage, Beautification and Cemetery Advisory Committee; AND THAT Dace Zvanitajs and James Payne bf_appointed to the Parks & Recreation Advisory Committee; AND FURTHER THAT By-Law 3763, To Appoint Additional Members to various Committee of Council be brought forward in Council for consideration. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: 18 MOVED BY: Councillor Klein ~ WHEREAS The Development Charge levied by the County of Oxford is a major cost factor for new development and improving existing development in Tillsonburg; THEREFORE THAT Staff provide Council with a detailed report regarding the methodology utilized by the County in assigning and calculating Development Charges in Tillsonburg; AND THAT an interpretation be given as to whether the application of this charge is appropriate in the case where a building is renovated and as a result has fewer employees than historically but still improves the neighbourhood. c{carried D Recorded Vote D Defeated D Deferred D Tabled ----Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: THAT Tillson burg Town Council support the Progressive and Final Rehabilitation Plan for the licensed sites in the designated Quarry Area in the County of Oxford as required in the original approved site plans and applicable provisions in the Aggregate Resources Act and the Provincial Policy Statement; AND THAT quarry extraction is viewed as an interim use of land; AND THAT comprehensive, compatible and integrated rehabilitation of the lands and waters within and between licensed sites shall in the long term provide significant social, environmental and economic benefits to the County of Oxford and its lower-tier municipalities; AND THAT a landfill land use not be permitted on these rehabilitated lands. D D Carried Recorded Vote D Defeated D Deferred D Tabled ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: .....::3::.._1 __ Date: October 15, 2013 RESOLUTION NO.: MOVED BY: That staff provide Council with a report on the resolution proposed to Council under item 31 regarding Aggregate Pit Rehabilitation and a Future Vision of Oxford County. crcarried D Recorded Vote D Defeated D Deferred D Tabled ~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO.: --=2-=-0 __ MOVED BY: THAT B~~o-pt a Purci'lesing Pol+e-y.; By-Law 3766, To Authorize a Ground Lease Acknowledgement Agreeement with RMM Tillsonburg Centre Property Inc.; By-Law 3763, To Appoint Additional Members to Various Committees; By-law 3767, to confirm the proceedings of Council at its meetings held on the 15th day of October, 2013; be read for a first and second time and this constitutes the first and second reading thereof. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ ·~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: October 15, 2013 RESOLUTION NO.: ---=2=1 __ MOVED BY: THAT By-Law 3766, To Authorize a Ground Lease Acknowledgement Agreeement with RMM Tillsonburg Centre Property Inc. By-Law 3763, To Appoint Additional Members to Various Committees By-law 3767, to confirm the proceedings of Council at its meetings held on the 15th day of October, 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. B Carried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials ) October 15, 2013 Town ofTillsonburg 10 Lisgar Ave. Tillsonburg, ON N4G 5A5 HAYHOE™ -·HOMES·- PerfOrmance Communities h1c. Attn: Council of the Town ofTillsonburg Re: Tillsonburg Residential Developments and Electrical Distribution System Expansions I have read the report prepared by Wayne Brett titled "THI Economic Evaluation Model" dated October 15, 2013. Introduction In 2012 the Town ofTillsonburg hosted several Target Tillsonburg symposiums to gather information from local realtors, home builders and residential land developers. Our understanding is that the Town of Tillson burg recognizes the need to foster growth and the Town was reaching out to stakeholders requesting input into how the Town could be more competitive and how to market the Town of Tillsonburg to attract residents to this community. Further we understand that over the past 5 years there have been very few (if any) new residential lots serviced in the Town. Hayhoe Homes has completed residential developments in the City of St Thomas for over 20 years. We consider ourselves to be community builders embracing the benefits of integrating residential land development with home building. In 2008 we started building homes in Tillson burg; we have built the 50 homes in the Park Place community from 2008 to present (we purchased serviced lots on Park Place from the developer). Most recently Hayhoe Homes has completed the servicing of 52 residential lots on Colin A venue under the marketing name Reynolds Way. We are excited about this development and the potential to provide continued employment to the construction sector through new home construction. We have worked cooperatively with the Town to complete the site servicing and currently have 7 homes under construction. Concerns 1. 3 other LDC's can recover on average $2,032/residential service from rates (refer to letter dated May 17, 2013 ). The 3 other utilities are not subsidizing development; the other utilities recover the cost of expansion from rates and operational efficiencies in compliance with the OEB. 2. Hayhoe Homes is not asking for special treatment-we are asking that the Town ofTillsonburg work with Tillsonburg Hydro Inc. and all future residential developers on a consistent basis and apply new methodology so that the Town of Tillson burg is more competitive in Southwestern Ontario. 3. Hay hoe Homes is concerned that Tillson burg Hydro Inc. continues to outline past and current policy without offering a solution to the overall problem of lack of competitiveness. Why not work together to determine a solution where we meet in the middle? 1 BARRIE BOULEVARD, ST. THOMAS, ONTARIO N5P 4B9 TEL. (519) 633-2050 FAX: (519) 633-2037 ) Proposal 1. We request that the Town ofTillsonburg as a Council recognize that residential development is at a competitive disadvantage as compared to other communities due to cost of electrical system expansion as the home purchaser is required to bear a greater burden. 2. We request that the Town ofTillsonburg work with Tillsonburg Hydro Inc. to contribute approximately $1,500/ residential service to future system expansions in Tillsonburg including Reynolds Way and other future developments so that Tillsonburg is more competitive in Southwestern Ontario. We are willing to be part of the solution and are available to meet with Council and THI to work together to improve our competiveness in Southwestern Ontario -we believe that there is a solution if all parties are willing to recognize the need to be consider alternate ideas. Yours truly, rJ:JL~ Will Hayhoe, President, Performance Communities Inc. Enclosure: 1. Letter to THI dated May 17, 2013 May 17,2013 Tillsonburg Hydro Inc. 10 Lis gar Ave. Tillsonburg, ON N4G 5A5 Attn: David Calder, President, HAYHOE™ -·HOMES·- Performance Communities Inc. Re: Tillsonburg Residential Developments and Electrical Distribution System Expansions Dear Mr. Calder: This letter is a follow-up to our meeting of May 16, 2013. We have made some revisions to our earlier letter of May 14, 2013 based on our discussions and the information your staff has provided to us. We are requesting that you provide copies of this letter to the board of Tillsonburg Hydro Inc. prior to our proposed meeting with them. Introduction In 2012 the Town ofTillsonburg hosted several Target Tillsonburg symposiums to gather information ) from local realtors, home builders and residential land developers. Our understanding is that the Town ofTillsonburg recognizes the need to foster growth and the Town was reaching out to stakeholders requesting input into how the Town could become more competitive and how to market the Town of Tillsonburg to attract residents to this fine community. In addition we have been told that the Town of Tillsonburg has not serviced new residential developments in the past 5 years; the most recent residential development being Park Place which was serviced in 2008. Over the past 5 years there has been very few (if any) servicing of residential lots in Tillsonburg. Hayhoe Homes has completed residential developments in the City of St Thomas for over 20 years. We consider ourselves to be community builders embracing the benefits of integrating residential land development with home building. In 2008 we started building homes in Tillsonburg; we have built the 50 homes in the Park Place community from 2008 to present (we purchased serviced lots on Park Place from the developer). Concerns This letter is to request that Tillsonburg Hydro Inc. review its economic evaluation procedures and methodology for future residential developments in the Town ofTillsonburg including the 52 lot residential development known as Reynolds Way (Colin Avenue). Justification for Tillsonburg Hydro Inc. review of economic evaluation procedures and methodology for Electrical System Expansions to future Residential Developments in Tillsonburg: 1 BARRIE BOULEVARD, ST. THOMAS, ONTARIO N5P 4B9 TEL. (519) 633-2050 FAX: (519) 633-2037 \ I ) I 1. The Town ofTillsonburg will be more competitive in SW Ontario. The sale price of a new home will have to be inflated by the amount of the electrical system expansion that is charged to the developer. For example, if an electrical system expansion costs $3,000/home and THI funds (via rates) $500 then the price of the new home will increase by $2,500. IfTHI funds $2,000 (via rates) then the price of the new home will increase by $1,000. We have researched 3 other SW Ontario communities (St Thomas, Alymer and Port Stanley). In these 3 communities the LDC (Local Distribution Company) funds (via rates) approximately $2,000/home. Therefore, the sale price of a new home increases by $1,000. The Town ofTillsonburg will be more competitive and able to attract more residents ifTillsonburg Hydro Inc. changes its economic evaluation procedures and methodology to fund approximately $2,000 (via rates) for all homes connected in the first year. 2. Ontario Energy Board -Distribution System Code Section 3.2.4 of the OEB Distribution System Code states: "The capital contribution that a distributor may charge a customer other than a generator or distributor to construct an expansion shall not exceed that customer's share of the difference between the present value of the projected capital costs and on-going maintenance costs for the facilities and the present value of the projected revenue for distribution services provided by those facilities. The methodology and inputs that a distributor shall use to calculate this amount are described in Appendix B. " The methodology as set out in Appendix B is a discounted cash flow model over 25 years. A capital contribution may only be required to the extent that the cost of the connection facility is not recoverable from revenues less expenses of the expansion systems operation. If the new facilities constructed have a life span of 40 years it seems reasonable that most of the cost of the system expansion should be recoverable from rates over the first 25 years of operation. 3. Economic Evaluation Methodology We have spent considerable time reviewing and analyzing the methodology being applied to the Economic Evaluation. THI staff have provided the input numbers and assumptions that are being used in this present value calculation. Our main concern is the input that is being used for Operating, Maintenance and Administrative (OM&A) expenses. During our conference call of May 2, 2013 it was suggested that THI had the right to use the 2011 Year Book Value for these expenses. The Year Book lists an Average OM&A per service of $329.73 for THI. However, this number does not distinguish between residential, general or large users, and if we apply the average residential revenue per service (as provided by THI) the result is annual revenue per service of$325.32 or a loss of$4.41 (before depreciation, financing, other expenses and income tax) per residential customer. It is clear that the Year Book number is not relevant. THI staff has adjusted the OM&A number to $272.45 based on 2013 budget numbers for THI. It is our opinion that this expense number is still a blend of residential, general and large users and is therefore not a pure number for a residential expansion. The research we have done to date reveals that none of the LDC's are simply using the Average OM&A numbers in their economic evaluations. As a comparison St. Thomas Energy Inc. (STEI) is using an OM&A value of $65.94 per service. This amount is based on an agreement that was reached between STEI and the local developers in May 2003. At the time STEI recognized that certain administrative costs were fixed and adding another service to the overall plant would not require additional expenses in these areas. Further we believe this is consistent with the methodology as set out in Appendix B of the OEB Distribution System Code. Under Expense Forecasting Section (a) states: ) "Attributable incremental operating and maintenance expenditures -any incremental attributable costs directly associated with the addition of new customers to the system would be included in the operating and maintenance expenditures. " There is no provision in the OEB methodology to include the cost of administration in the Economic Evaluation. 4. Comparison ofLDC's in Southwestern Ontario Further, we have attached Schedule A which provides a comparison of several recent residential electrical plant expansions completed in StThomas, Aylmer and Port Stanley. On Average the LDC's have recovery per service amounts of $2,032 or 58% of the total cost. You will note the final column is THI with a recovery per service amount of $511 or 16% of the total cost of the plant expansion. We look forward to meeting with the board ofTillsonburg Hydro Inc. at their earliest convenience to present our position. We trust that Tillsonburg Hydro Inc. is willing to review its economic evaluation procedures and methodology for future residential developments in the Town ofTillsonburg in order to be competitive with other LDC's and to promote residential growth in the Town ofTillsonburg. Yours truly, Will Hayhoe, President, Performance Communities Inc. C.c. Darrell Eddington, Treasurer, Tillsonburg Hydro Inc. Steve Lund, P. Eng., General Manager, Tillsonburg Hydro Inc. Wayne Brett, Finance Regulatory Affairs Manager, Tillsonburg Hydro Inc. John Lessif, Director, Tillsonburg Hydro Inc. Stephen Gradish, Operations Utility Manager, Tillsonburg Hydro Inc. David Samis, Director of Development & Communications Services, Town ofTillsonburg Thomas G. Looby, CPA, CA, VP Finance, Performance Communities Inc. '--" ~-/ Schedule A Comparison of LDC's in Southwestern Ontario Economic Evaluations for Residential Plant Expansions ·. .. • I LDC STEI Erie-Tharnes ·. HONI Average THI I St. Thomas Aylmer Port Stanley STEI, Erie- Reynold's Way i Location (urban) (urban) (urban) Thames, HONI I I Year 2013 2012 2008 n/a 2013 Total Project Cost $ 341,213 $ 101,936 $ 86,864 $ 176,671 $ 164,239 Residential Services 98 22 35 52 52 Cost per Service $ 3,482 $ 4,633 $ 2,482 $ 3,532 $ 3,158 LDC Recovery/service $ 2,199 $ 2,108 $ 1,789 $ . 2,032' $' "·'.:5&1. LDC Recovery as% of total cost 63% 45% 72% 58% 16% Official Plan Amendment No. '2013 1.0 PURPOSE OF THE AMENDMENT The purpose of this amendment is to implement policies in the Official Plan to regulate the location of new and/or expanding methadone clinics and methadone dispensaries in the Town of Tillsonburg. 2.0 LOCATION OF LANDS AFFECTED This amendment applies generally to the Town of Tillsonburg and as such, the amendment does not include mapping. 3.0 BASIS FOR THE AMENDMENT The policies of the Official Plan, as they pertain to the Town of Tlllsonburg, generally categorize methadone clinics and methadone dlsp~nsaries (collectively referred to as methadone maintenance facilities (MMT) for the purpose of this amendment) as medical centres. Such uses are typically permitte~:tinthe Town;s Central Area (comprising both the Central Business District and the Enttepreneurial Distl'ict), Such uses may also be permitted in residential areas where evalU~tion criteria contained in the Official Plan for such uses is met. ··· ···· · ··· The establishment of new clillics or healthoatefagilities is generally notpermitted within the Service Commercial desjgh;ation or the lhdtistrial designation, as contained in the Official Plan, but may be p~rmitted .. within the Community Facility designation, which allows for a broad range of ir:tstitlltionaHype development that may include ancillary health care and/or clinic facilities. ·· · · ·:.:;: :"j :.:.·'· .:::/. < :":_;·=· ... The Town of 'I]Usonburg, has und~rtakerl an e>d~nsive review of the broad issues surrounding MMT and rel~ted facilities and Have determined that the regulation of such facilities as a Lise. distinct from other form~of medical offices and clinics is justified from a land use planning perspf!Ctiye. The key land use related issues associated with MMT facilities appear to bttth~ genet~tion of traffic and parking congestion; the gathering of program partiqipants ln the public rec:~lrn (i.e; sidewalks, streets) and the proximity of clinics to sensitive land uses (i.e. sch061$, libraries, parks, etc.). :.:·:. ::.:·• ···:. orie of the primary ~oncerns th~thas been raised in Tillsonburg regarding MMT facilities is the potential new cir expanding' facilities to locate within the Central Business District (CBD) ata scale that ool.lld create negative land use impacts, as outlined above. The policies of the Official F?lan generally recognize Tillsonburg's CBD as being the most functionally diverse anq :dominant business, cultural and administrative centre within the southern portion of QXford County and the surrounding tri-county area. Further, the current policies relatirHi to urban design within the CBD (and the broader Central Area) indicate that new bUildings and spaces will be guided by guidelines which result in a significantly enhanced pedestrian environment. Throughout the Central Area, it is recognized that the addition of public and private green space areas, street trees and usable sunlit pedestrian areas will improve the quality of life and reflect a conscious goal to create a pedestrian environment and encourage active transportation. The Town and County's strong commitment to Tillsonburg's downtown is further reflected in strategic initiatives related to the retail, employment and residential functions of the Central Area, as contained in the Official Plan. This commitment is further articulated by the development of the Tillsonburg Central Area Design Study, which identifies the area along Broadway Street between Prospect Street and Venison Street as having a 'strong main street character' with the study area's 'most prominent and - 1 - Official Plan Amendment No. '2013 Goals Policies It is the goal of the Town of Tillsonburg to plan for methadone clinics and methadone dispensaries in locations that best meet the needs of those persons who use these facilities and to minimize the potential for land use conflicts that can be generated by these uses. Methadone clinics and/or methadone dispensaries may be permitted in the Central Business District, as identified on Schedule ''T-1", subject to a Zoning By-law amendment. When considering an application to amend the Zoning By-law to permit a new or expanding methadone clinic or methadone dispensary, Town Council shall be satisfied that the following criteria are met: sites will generally be located on ah arterial or collector road or be within reasonable walking distance of same; the property boundary of a site prqposed for a methadone clinic or methadone dispensary shall be a minimum of 100 metres (330 feet) from any elementary orsecondary sdh()()l property, any public library property or any propertY on which another methadone clinic or methadone dispensat'Yis situated; sites must be sufficiently large to accommodate adequate parking to meet the needs of the facility; .. any proposal for a new or f!xparJdjllg methadone clinic or methadone dispensary shall be accompS:ni~d by a planning justification report, prepared tO" the satisfaction ofthe Town, which demonstrates how the facility will be integrcat~g into the surrounding area. . -. . .. Notwithstanding the fon~g()ing, methadone clinics and/or methadone dispenSC:lries shall not be(permitted on any lands having frontage on Broadw~y. Street Withif') that portiorr of the Central Business District between Baldwin Avenue and Washington Grand Avenue. Zoning Both a methadone clinic an(f a methadone dispensary will be defined in the Towri'sZoning By .. law. Further, Zoning standards related to parking, waiting areas and otheF requirements as deemed appropriate by Council shall be developed and incorporated into the Zoning By-law. -. 4.2 Section 8.3.2.3.2-Entrepreneurial District, as amended, is hereby amended by adding the folloWiiJQ at the end of that portion of the subsection titled 'Prohibited Uses': · .... . ... • a methagone:dispensary is not permitted within the Entrepreneurial District. 4.3 Section 8.3.3 -Service Commercial Areas, as amended, is hereby further amended by adding the following at the end of that portion of the subsection titled 'Permitted Uses-New Development': Introduction Methadone Clinics and Methadone Dispensaries Methadone Maintenance Treatment (MMT) represents an important component of health care delivery in the Town of Tillsonburg and the County of Oxford as a whole. Generally, methadone clinics and methadone dispensaries are those facilities of which the primary function is the prescription and/or dispensing of methadone. Such facilities are recognized as being distinct from medical clinics and offices and both -3- Official Plan Amendment No. '2013 Methadone Notwithstanding any other policy or provision contained in this subsection, Neighbourhood Serving Uses shall not include a methadone clinic or methadone dispensary. 4.6 Section 8.2.3 -Residential Areas, as amended, is hereby further amended by adding the following at the end of subsection 8.2.3.4-Non-Residential Uses in Residential Areas: Methadone Notwithstanding any other policy or provision contained in this subsection, Non-Residential Uses in Residential Areas shall not include a methadone clinic or methadone dispensary. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the relevant implementation policies contained in the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the relevant interpretation policies of the Official Plan. -5- Re: Council Resolution The Smiths of Sweaburg ·· to: Donna Wilson/Tillsonburg 09/30/2013 01:53PM Hide Details From: "The Smiths of Sweaburg" <bryasmit@oxford.net> Page 1 of3 To: "Donna Wilson/Tillsonburg" <DEWilson@tillsonburg.ca>, Donna, Thanks so much for this note. The resolutions relate to the Minister of Natural Resources and the Minister of the Environment who regulate the site plans and the environmental consequences of extraction. Once it is passed on the 15th of October, it should be forwarded to them. I have addresses for both if you need them. Since Tillson burg shares a common interest with the other municipalities in Oxford County, I'm fairly sure they will be interested in this resolution too, so your mayor may well want to speak to it there once your town's council has debated and passed it. He would do that, I assume, at County meeting and/or send it along for information to his county colleagues in the week(s) following the October 15th meeting of Tillsonburg Council which you mentioned. Yes, we realized once we had left that the one panel had yet to make its way around the crescent of the Town Council in the meeting. We did not want to interrupt by reappearing for it. If all the councillors who want to have a look at it, have had a chance to do so, we'll drop by for it. Thanks for reminding us of this too. Sincerely, Bryan J. Smith -----Original Message ----- From: Donna Wilson/Tillsonburg To: The Smiths of Sweaburg file:///C:/Users/dewilson/AppData/Local/Temp/notes7003DE/~... 09/30/2013 Page 3 of3 Thank you again for consulting us regarding the resolution. After some time and thought, we have a suggested change of wording that is closer to the OMS hearing and therefore might be more "bullet- proof' for your town council. We hope this is helpful. I've pasted it below, and ask that you let us know that you have received it. (reply all will work) Many thanks, Bryan J. Smith, for Reed Elliott, Mike Farlow and Suzanne Crellin "THAT Tillson burg Town Council support the Progressive and Final Rehabilitation Plan for the licensed sites in the designated Quarry Area in the County of Oxford as required in the original approved site plans and applicable provisions in the Aggregate Resources Act and the Provincial Policy Statement; AND THAT quarry extraction is viewed as an interim use of land; AND THAT comprehensive, compatible and integrated rehabilitation of the lands and waters within and between licensed sites shall in the long term provide significant social, environmental and economic benefits to the County of Oxford and its lower-tier municipalities; AND THAT a landfill/and use not be permitted on these rehabilitated lands." file:///C:/Users/dewilson/AppData/Local/Temp/notes7003DE/~... 09/30/2013 ~al OktmtO:imt Ifkgion VARNAVAIR BRANCH 153 16 Durham St., Tillsonburg, Ontario N4G 1 V? Telephone (519) 842-5281 Fax (519) 842-6775 October 1, 2013 Dear Sir, This is to inform you that the Tillsonburg Legion requires certain assistance to facilitate events surrounding Remembrance Day, 2013. Our present planning is virtually identical to last year. The plans are: Sunday November 3, 2013 1) The Church Parade will form up at the Town Centre underground parking garage )djacent to the mall at 10:00 am and at about 10:15 am will proceed to St.John's Anglican Church along Ridout Street. It will return along the same route at approximately 11 :30 am. 2) With police escort it should not be necessary to actually blockade Ridout Street during the march. The road closures on Broadway and Bidwell streets under police intersection control should be no more than 5 minutes either outward or inward bound. Monday November 11, 2013 1) The silent walk shall commence at Rolph Street at the terminus of Veterans Walkway and proceed along Bridge Street to the Cenotaph on Broadway Street. This walk will take place between 10:35 am and 10:45 am. It will require a police escort and intersection control. Participants will disperse following the cenotaph service without returning to the start point. 2) The veterans' parade will form up in the parking lot at the North end of the mall at 10:30 am and proceed out ofthe North entrance of the lot, West on Bridge Street -.~.1d then South on Broadway Street to the cenotaph for a 45 minute ceremonial. Following the ceremony, the parade will march South on Broadway Street, then East on Ridout Street and disperse at the Town Centre's underground parking garage. 3) The closure ofBroadway should be from approximately 10:00 am to 12:30 pm yn November 11, 2013. As in previous years the detour route, approaching from the North, should be Broadway to Venison Street, west on Venison Street to Bidwell Street, south on Bidwell street to Baldwin Street and then east on Baldwin Street to Oxford Street. For the church parade, silent walk and the cenotaph ceremony, the Legion has arranged $5,000,000 liability insurance naming the Town ofTillsonburg. I trust that these arrangements will meet with your approval. If further clarification is needed, please contact me at either the Legion Office (519) 842-5281 or (519) 688-5189. We thank you for your past and continued support of the Legion and our veterans. Yours in Remembrance ~t~ Don Burton, Poppy Chairman Copies to: Police, Fire, EMO, MTO and Town Officers Bancroft & Hastings Highlands Disaster Relief Committee September 2013 Hastings Highlands Municipal Office 33011 Hwy 62 North, Maynooth, On KOL 2SO Dear Council Head and Members of Council On May 16, 2013, the Minister of Municipal Affairs and Housing, in response to local council motions, declared the Town of Bancroft and the Municipality of Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP) The Town of Bancroft and the Municipality of Hastings Highlands experienced flood conditions during the last weekend of April, caused by heavy rain falls in addition to the spring thaw. This flood led to severe infrastructure damage to homes and small businesses, as well as the temporary closure of schools and businesses in both municipalities. A Disaster Relief Committee has been appointed in accordance with the requirements of ODRAP in order to coordinate both fund-raising efforts and to adjudicate claims from private residents, farmers and small businesses that were impacted by the flood. The Committee has set a financial goal of $87,500 and is making measurable gains towards meeting it by the fundraising campaign deadline of October 31, 2013. This $87,500 goal was established following preliminary assessments by the Provincial Disaster Assessment Team. Under ODRAP, the province will top up funds raised to the amount that is needed to pay eligible claims at 90 per cent up to a maximum of $2:$1 ratio . Claims for financial support will continue to be submitted until August 30 , 2013. The Bancroft and Hastings Highlands area is predominately rural in nature and is not densely populated . For that reason , we know that the $87,500 goal is a challenging one but we are working extremely hard towards that end and are confident we can reach it. Our fundraising campaign began less than a month ago and early results are encouraging. For your information, I am enclosing a copy of our brochure which is a living document and will evolve as events are completed and new initiatives roll out. On behalf of the Bancroft and Hastings Highlands Disaster Relief Committee, I am asking municipal councils across the province to support our fundraising efforts by making a donation to this worthy cause. Contributions in any amount will be gratefully received. Cheques should be made out to Bancroft and Hastings Highlands Disaster Relief Committee and mailed to the Municipality of Hastings Highlands at 33011 Highway 62 N, PO Box 130, Maynooth, ON KOL 2SO . Yours truly {.fjk,niJ fj}{))'('e/1 Dennis Purcell DRC Chair Ministry of Citizenship and Immigration Minister 6'" Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 325·6200 Fax: (416) 325-6195 October 2013 Dear friends, Mlnistare des Affaires civiques et de I' Immigration Ministre 6° etage 400, avenue University Toronto ON M7A 2R9 Tel.: (416) 325-6200 Telae.: (416) 325-6195 ~ ~·~ ,._, Ontano It is my pleasure to send out the call for nominations for the June Callwood Outstanding Achievement Award for Voluntarism in Ontario. Volunteers play a significant role in leading and supporting services in their communities; they lay the foundation for a strong and dynamic province. This award recognizes exceptional leadership, innovation and creativity in voluntarism and community service. Recipients of this award can include individual volunteers, volunteer groups, businesses and other organizations which have made outstanding contributions to their communities and the province. Do you know an individual or group that makes an outstanding contribution? Nomination forms and additional information are available on the Ministry of Citizenship and Immigration website at www.ontario.ca/honoursandawards or by phone at 416 314-7526, toll free 1 877 832-8622, TTY 416 327-2391. Deadline for nominations is December 5 2013. I hope you will take this opportunity to ensure that volunteers receive the recognition they deserve. ·Sincerely, Hon. Michael Coteau Minister 10..107 Shareholder rep M Klein to: Donna Wilson 09/17/201312:40 PM I requesting a notice of motion re the appointment of a third shareholder to the THI reps, Marty. Sent from my iPhone Lobbying Business Support Savings & Benefits CFIB .$ca . Check us o\11 on: f 't# ~ Small business owners represent the best of Canadian entrepreneurship and innovation. From coast to coast to coast, small businesses drive local economies and keep our communities strong. On Friday, October 25'h, the Canadian Federation of Independent Business (CFIB), with the support of lnterac®, is celebrating Canada's second Small Business Day . We're inviting all Canadians to support small business and we're asking you to get involved in this exciting event. Visit www.shopsmallbiz.ca to receive valuable offers from small businesses in your area, and small businesses can post special offers to promote their firms. October 25'h is going to be a great day to celebrate and support small business, and this updated site will serve as a permanent way for local small business and customers to connect. We're inviting you to support Small Business Day. Here are some ideas: • Follow @shopsmallbiz on Twitter and retweet messages about Small Business Day. You can also use the hash tag #smallbizday. • Go to Facebook.com/shopsmallbiz and "like" our page. Post a comment on why small business is important in your area. • Include a sto ry or advertisement in your next newsletter or on your website-to make it easier, we have samples ready for your use in our Small Business Day Toolkit. • Put up a poster in your constituency office or post a banner on your website -also available in our Small Business Day Toolkit at the link below. • Commit to shop at a small business on October 25'h. Read How you can help promote Shop Small Biz in your community to access the tools mentioned above. For more information, you can reach us by replying to this email or calling us toll-free at 1-888-234-2232 . Thank you for your support because if we all shop small, it can make a big difference for small business. Sincerely, Dan Kelly President and CEO Twitter: @cfib P.S. We would appreciate any support you can provide to help spread the importance of shopping at small business. Not only is it good for the local community but helps keep our national economy strong. Proudly presented by: CFIB CANADIAN FEDERATION I OF INDEPENDENT BUSINESS. Media partner: POSTMEDI# NJtlon,Jitn ~<OPt'. <omrr.unoty IO<uscd Rl!tht to the POint. About Us Contact Us Research l'v1edia Centre ) ABOUT JUNE CALLWOOD June Rose Callwood, CC, O.Ont, LL.D. was a Canadian journalist, author and social activist She was born in Chatham, Ontario in 1924 and grew up in nearby Belle River. She passed away in April 2007. One of Canada's most famous social justice activists, Callwood's life was marked by strong commitment to and action on social justice issues, particularly those affecting children and women. Callwood founded or co-founded more than 50 Canadian social action organizations, including Casey House, a Toronto hospice for people with AIDS; PEN Canada; the Canadian Civil Liberties Association; and Feminists Against Censorship. r'):..:: t?ontario PURPOSE The June Callwood Outstanding Achievement Award for Voluntarism recognizes individuals and groups who have made an exceptional contribution to voluntarism in Ontario. Whether by volunteering their time, efforts, knowledge or resources, citizens from across Ontario are making valuable contributions to the quality of life in their communities and the province. Up to 20 recipients are awarded the June Callwood Outstanding Achievement Award for Voluntarism each year. Ontario recognizes and highlights the contributions of those who serve to inspire others by the positive examples they provide. The strength of Ontario depends on the strength of its communities. Volunteers help build diverse, vibrant, caring and safe communities. They help make this province a socially, culturally and economically strong place in which to live. ELIGIBILITY • Individuals and groups are eligible for this award. • Nominees must be residents of Ontario. • Posthumous and self nominations are not accepted. HOW ARE THE RECIPIENTS SElECTED? An independent selection committee reviews the nominations and recommends the recipients. NOMINATION FoRM June Callwood Outstand ng 11 Chievement Award for Volunta ism Please type or print clearly PERSON OR GROUP BEING NOMINATED My nomination is for 'Jan individual CJ a group (if your nomination is for a group, please provide a group contact) D Mr. C' Ms. C Mrs. ~Other _____ _ First Name Last Name Name of Group (if applicable) D Home = Business Address Suite/Unit City/Town Province Postal Code Telephone E-mail "\JOMINATION SUBMITTED BY ~--: Mr. [1 Ms. c Mrs. D Other _____ _ First Name Last Name Address Suite/Unit .Qlty/Town Province Postal Code Tele hone E-mail In accordance with subsection 39(2) of the Ontario Freedom of Information and Protection of Privacy Act, R.S.0.1990, c.F.31, this is to advise you that the personal information collected on this form will be used only for the proper administration of the June Callwood Outstanding Achievement Award for Voluntarism. This includes determining the nominee's eligibility and providing information to selection committee members for review and recommendation. The personal information on this form is collected in accordance with the Ministry of Citizenship and Culture Act, R.S.O. 1990, c.M.18. For further information, please contact the Manager at the Ontario Honours and Awards Secretariat, 400 University Avenue, 4th Floor, Toronto ON M7 A 2R9 or by telephone at 416 314-6608. 'laminator Signature Date Send this completed form and supporting materials by December 5 (if this date falls on a weekend or holiday, nominations will be accepted the next business day) to: Ontario Honours and Awards Secretariat, Ministry of Citizenship and Immigration, 400 University Avenue, 4th Floor, Toronto ON M?A 2R9 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Orders of the Day: MINUTES Town of Tillsonburg , Meeting for the Committee "Open Council" on Monday August 1 ~' 2007 07:00 PM .council Oharnbers Chair: Stephen Molnar Call to .Order Clb~ed Meeting· Session Di~CI()$Ure of Pecuniary Interest or the GeneratNature Thereof · ·.Mihu,~$ ~ Business Arising out ofthe Minutes · CALL TO ORDER CLOSED MEETING SESSION No.1 Moved by Councillor Rosehart A~·optic:m;otAgenda 'Prese.ntations .· ·· j:)u~lic Meetings Detegations. Qu~rterly-R~ports C.hietJ\drn,inistrative Officer . Pr>erations ce>mrnynity services Cor:p()r~te. $ervices Finance· lnformation·n~ms Notic~ otMotion ResOI.4tions By;U~\¥s .... lterns of Public Interest Closed MeE!ti_ng Session continued Adjournment·· Seconded by Councillor Stephenson AND RESOLVED THAT Town Council move into Executive-Closed Session. "Carried" Page 1 MINUTES: Meeting for the Committee "Open Council" DELEGATIONS proposal does not go along with the existing streetscape and that the house on Andover, that the planner referred to, is much different and should not be compared to this proposal. Mr. Neilson concluded that the application should be denied. Mr. Don Baxter of 8 Glenridge Rd appeared before Council. He noted that the Town is currently putting underground hydro thoughout the subdivision and believes that the proposed garage would encroach on Town property if granted. He also stated that the proposed garage does not fit with the rest of the subdivision. Ms. Fardella, one of the applicants, appeared before Council. She stated that the reason for the application was to alleviate parking problems and that they would like to modernize their home and simply make things more efficient for their family. No other persons appeared in support of, or opposition to, the subject application. The following resolution was passed. No.4 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the application be deferred and that the applicant be given the opportunity to provide an amended application. "Carried" 4. Baldwin Place Proposed Transfer Station Baldwin Place Residents request for delegation... Baldwin Place Res ltr.pdf -~; :,~ 8 aldwin Place Res concerns. pdf Mr. Eric Holcroft appeared before Council as representative for the Baldwin Place Residents. He summarized the residents' concerns. He also mentioned that there was a concern for safety at the intersection of Baldwin St. and Quarterline Rd. The CAO responded to the Baldwin Place Residents' concerns and indicated that the issue of the corner is on the agenda for the Director of Operations to look at further. 5. Tillsonburg Public Library -Automation System Presented By: Cynthia Hillenbrand Ms. Cass Dagg-Murphy represented the Library Board and presented their recommendation. 6. Mill Pond Estates Proposed Development The applicant's architect reviewed a new proposed site plan for the condominium development. Page 3 MINUTES: Meeting for the Committee "Open Council" Engineering Comments ... July 11, 2007 Eng comments 0711 07.pdf Resolution No.7 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg receive the Report from the Chair of the Tillson burg Development Coordinating Committee as information; AND FURTHER THAT the Council of the Town of Tillson burg support the Conditional Approval of the Tillsonburg Development Coordinating Committee subject to the conditions as set out therein. "Carried" 11. Pesticide Resolution from Township of South-West Oxford CJ Resolution No.8 Moved by Councillor Stephenson Seconded by Councillor Rosehart AND RESOLVED THAT Council supports the Township of Smith-Ennismore-Lakefield and their request that the Province of Ontario ban the cosmetic use of pesticides on non-agricultural lands. "Carried" No.9 Moved by Councillor Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT staff bring to council a Pesticide Control By-Law. This by-law will be brought back to council at the September 24th meeting; AND FURTHER THAT staff coordinate on open meeting for public input before first and second reading of this by-law. "Carried" 12. Executive Summary for By-law 3279 UJ Presented By: Michael Graves No. 10 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3279 be brought forward for approval. "Carried" 13. Executive Summary for By-law 3278 [2) Presented By: Michael Graves No. 11 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT By-Law 3278 be brought forward for approval. "Carried" 14.a) Executive Summary for By-law 3280 Page 5 MINUTES: Meeting for the Committee "Open Council" No. 15 Moved by Councillor Lewis Seconded by Councillor Lamb that this item be deferred to the next Council Meeting and that Council members look over the report and provide direction to the Director of Finance at that time. "Carried" 17. Tangible Capital Assets [3 Resolution No. 16 Moved by Councillor Lewis Presented By: Director of Finance Seconded by Councillor Beres AND RESOLVED THAT report Fl 2007-023 Public Sector Accounting Board Reporting Requirements dated July 31, 2007 be received; AND FURTHER THAT the Tangible Capital Assets Policy dated July 31, 2007 be adopted. "Carried" 18. HR Committee 1.3 Resolution No. 17 Moved by Councillor Lamb Presented By: Director of Finance Seconded by Deputy Mayor Renaud AND RESOLVED THAT report Fl 2007-025 HR Committee Mandate from the Director of Finance dated July 27, 2007 be received. And further that the mandate as described in the report be approved. "Carried" INFORMATION ITEMS 19. Special Awards Committee Minutes -June 26. 2007 0 20. M&M Meat Shops RE: National Family Dinner Night-September 20. 2007 [;] 21. Appreciation RE: Grants I) i) Big Brothers/Big Sisters of Ingersoll, Tillsonburg & Area ... ii) Helping Hand Food Bank ... iii) Tillson burg & District Multi-Service Centre ... 22. Circulation Memo and Application for Zone Change and OP Amendment ~: :...!!!.' appl7·303.pdf 23. Project Porchlight Page 7 MINUTES: Meeting for the Committee "Open Council" Resolution No. 21 Moved by Councillor Lamb Seconded by Deputy Mayor Renaud AND RESOLVED THAT the petition regarding North St. West and Quarterline Road intersection be received and referred to the Director of Operations/Traffic Committee for report. "Carried" 27. Draft Approved Plan of Subdivision-Vaction Holdings ~ Resolution No. 22 Moved by Councillor Beres Presented By: Harry Shnider, Planner, County of Oxford Seconded by Councillor Lewis AND RESOLVED THAT Council of the Town of Tillsonburg recommend to Oxford County Council that the application to extend draft approval for application 32T-99006 (Vaction Holdings Limited) for and as described as Part Block A, Registered Plan 518, in the Town of Tillsonburg, be approved. "Carried" 28. Partnership Request. Port Burwell Harbour-Potential International Ferry Service ~· Bayam Ferry.pdf Resolution No. 23 Moved by Councillor Beres Seconded by Councillor Lewis AND RESOLVED THAT the correspondence from the Municipality of Bayham regarding a potential International Ferry Service be received and that a meeting be established between representatives of the Town and Bayham to discuss items of mutual benefit. "Carried" 29. Water Sources for Tillsonburg BY-LAWS Resolution No. 24 Moved by Stephenson Seconded by Deputy Mayor Renaud AND RESOLVED THAT Council request the County Warden and staff make a presentation to Council in September regarding the progress in acquiring new water sources for the Town of Tillsonburg. "Carried" 30. By-law 3279-Agreement with the Chippewas D Page 9 MINUTES: Meeting for the Committee "Open Council" Lawn of Annandale House. For more information call Annandale House. Councillor Rosehart noted that this is Fair Week. Councillor Rosehart is requesting that information be brought forward on the policy for the use of the Commander One Platoon Fire Truck. Mayor Molnar reminded the public that Thursday is the official opening for the Fair. Deputy Mayor Renaud stated the need for a pesticide by-law as soon as possible. Councillor Beres stated that the Simcoe St. construction should have one lane open and request that staff obtain information from the County as to the schedule of any such road closures. Councillor Lamb stated that the Tillsonburg Old Sox Baseball Team carried the Tillsonburg flag at the Canadian National in Red Deer Alberta recently. CLOSED MEETING SESSION CONTINUED No. 25 Moved by Deputy Mayor Renaud Seconded by Councillor Lamb AND RESOLVED THAT Town Council move back into Executive -Closed Session. "Carried" ADJOURNMENT No. 26 Moved by Councillor Lewis Seconded by Councillor Beres AND RESOLVED THAT the meeting is adjourned at 11:35 p.m. "Carried" Approval Received: (1 of 1) Lana Lund/Tillson burg {Tuesday August 28, 2007 04:01 PM) Town of Tillsonburg Page 11 July 30, 2007 Allen Street North Residents Tillsonburg, Ontario The Mayor & Council Members Town of Tillsonburg 200 Broadway, 2nd Floor TILLSONBURG ON N4G 5A7 RE: Petition of Allen Street Residents Proposed A & W Restaurant Town of Tillsonburg Council Members: We, the residents of Allen Street north have properties bordering on the property on the west side of Broadway, south of the Conrail Rail Lines. In conversation with Harry Snyder, Planner, and Michael Graves, Director of Corporation Services, we have been informed that A & W Food Services is going to be building a Drive-Through on the vacant lot behind our homes. It is our understanding that this is a done-deal and we cannot fight it or take it to the Ontario Municipal Board for review. Our only line of defence is with the Council of The Town of Tillsonburg. You have the power to determine what type of barrier will be placed between their building and our homes. We URGE you to demand of the builder a Highway 400 Series barrier be placed between our homes and their building and property. It is the only type of barrier that will block off some of the sound. The following is going to happen: I. Our property values will plummet and our taxes will keep going up. 2. When the dumpsters at Burger King and Tim Hortons are being emptied it is at about 5:00-5:30 a.m. The banging ofthe dumpster lids and the beep, beep, beep of the garbage truck backing up awakens all of us. 3. We will have to contend with flood lights. 4. Even at present, we have to contend with garbage being tossed over the fence. 5. Their will be fumes and people shouting their orders to the speaker machine located outside of the building. 6. There will be hundreds of cars each week visiting the restaurant. 7. Car radios will be thumping their music. 8. It seems that big business can call the shots and destroy the peace and tranquility of neighbours. Some of us have lived here thirteen years and more and we receive very little consideration from Council. July 30, 2007 The President Allen Street North Residents Tillsonburg, Ontario A&W Food Services of Canada Inc. 300-171 West Esplanade NORTH VANCOUVER BC V7M 3K9 Dear Sir: We the residents of Allen Street, Tillsonburg are located behind the property on which A&W is to build or have built a Drive-Thru facility. From the enclosed letter you can see that five families are retired and there are nine children in the other homes. Our bedrooms all face Broadway and our sleep will be hampered for the rest of our lives. We believe that good corporate citizens would have consideration with what the building that close to our homes will do to disrupt our peace and comfort. It seems that big business can build in places that disrupt family life and think nothing of it. We are urging the Council of the Town ofTillsonburg to stand with us in demanding the barrier requested in the enclosed envelope be placed between the A&W building and our properties. Even such a barrier will leave much to be desired. On behalf of all of the families signing the enclosed documents, I remain, Yours sincerely, (j{t',//6{/JA,£_ Andrew Bmdjar / Correspondent \ ) The Corporation of the Town of Tillson burg REPORT DATE: August 1, 2007 TO: David C. Morris, CAO FROM: Harry Shnider, Chair, Development Coordinating Committee SUBJECT: SITE PLAN APPLICATION FOR DRIVE-THRU RESTAURANT AT 533 BROADWAY APPLICATION TSPC 7-122 PURPOSE The purpose of this report is to inform Council of a recent decision of the Development Coordinating Committee regarding TSPC 7-122, submitted by MC Engineering Ltd., on behalf of K D Beckford Investments Inc. for 533 Broadway. HISTORY The subject property is zoned Highway Commercial (C2) in the Town's Zoning By-Law, No. 1994. The applicant proposes to locate a restaurant with drive-thru on the premises, with associated parking and a drive-thru pickup window. The proposed use is permitted for the C2 Zone. The subject property has been vacant land, related to sight triangles for the former CN Railway, to the north. The slope of the land falls back from Broadway, toward several abutting residential properties, which have addresses on Allen Street. DISCUSSION The applicant filed their application for Site Plan Approval in July, 2007. The application was circulated to Committee members and agencies within the Town. The application conforms to the zoning bylaw regulations, and a detailed review was undertaken with the applicant and representative of the tenant restaurant on July 20. At the first meeting, a number of comments from the Town's Manager of Engineering were discussed, along with issues relating to the Site Plan and characteristics of the building. The Committee considered the layout of the site and requested the applicant make changes to the landscape buffer between the drive-thru lane and adjacent properties. The Committee also explored further noise mitigation measures for the residential properties, including a barrier that would prevent noise migration from the drive-thru speakers and patrons. The Committee's informal experience with these types of barriers led to the conclusion that such a wall would probably not accomplish the goal of reducing short term increases in noise. The Committee noted that these barriers were usually intended for reducing ambient noise of large volumes of traffic driving at speeds of 70 km/h or greater. The applicant provided revised drawings to reflect the relocated, which were reviewed and approved by the motion below. Comments from the County Planner to the Committee are listed as Appendix A within this report. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\dewilson\AppData\Locai\Templnotes7003DE\DCC A & WTSPC 7-t22a.doc ' ' I I The Corporation of the Town of Tillson burg APPENDIX A-Planning Comments DATE: July 31, 2007 TO: CC: Development Coordinating Committee Applicant FROM: Harry Shnider, MCIP, RPP RE: SITE PLAN APPLICATION TSPC 7-121, RESTAURANT WITH DRIVE-THRU 1. General Comments • The Site Plan shall conform to the plan submitted August 1, 2007, notwithstanding further conditions of approval described herein. Changes to the site plan initiated by the applicant shall require approval by the Development Coordinating Committee prior to being undertaken. • Fascia and Freestanding Signage require separate permits. Contact the Town's Building Division for further information. • The application shall otherwise comply with all relevant federal, provincial, and municipal legislation and bylaws. 2. Site Plan Comments • Areas not used for driveways or parking shall be landscaped with turf grass, or trees as noted on the approved site plan. • Cedar trees shall be planted along the length drive-thru, at a minimum height of 1.85 m (6 ft.). The trees shall be maintained in a healthy condition, with dead trees replaced on an ongoing basis. • The applicant shall submit a photometric survey for review by the Town showing confirming no light trespass onto adjacent residential properties. A drawing showing the location and type of light standard shall be submitted as part of the photometric information. 3. Building Comments • Signage shall not be located on the side elevation facing the drive-thru lane (reference drawing A-5) • Rooftop Mechanical Equipment shall be screened to the satisfaction of the Town. The applicant shall provide details of screening prior to registration of the Site Plan Agreement. • Building lighting shall be shielded so not to cause light trespass or glare on the adjacent residential properties. Information regarding light fixtures shall be forwarded to the Town prior to execution of the Site Plan Agreement. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca C:\Users\dewilson\AppData\Locai\Temp\notes7003DEIDCC A & WTSPC 7-122a.doc MEMO TO FILE July 11, 2007 Re: ENGINEERING COMMENTS FOR SITE ENGINEERING APPROVAL, A&W Restaurant, Mn. 533 Broadway, (Dwg. Rec'd July 5, 2007) 1. Comments are for the Civil Works Drawings as prepared by MC Engineering, Consulting Engineers. 2. A key location plan is required on this drawing. 3. Please revise the pre-development allowable runoff using a pre-development 'C' value of 0.2 to 0.25. Green field conditions are C = 0.2 to 0.25. Also revise post-development coefficients accordingly. See attached calculations using a Modified Rational Method. 4. The location of the proposed orifice shall be located in the outlet sewer at CB3. If left in the present location the HGL would surcharge out of the MH lid, possibly dislodging the lid, before ponding onto the parking lot. Please review hydraulics of the stormwater detention system. 5. Provide and indicate a location for a major overland flow route and erosion protection in the event the outlet sewer/orifice becomes blocked during a severe rainfall event. 6. Please label correct orifice size on the detail. 7. Provide additional existing elevations in the rear lots of the existing residentiai lots adjacent to the proposed site. Please ensure that the proposed grading of the proposed site will not impact the drainage patterns of the existing lots. 8. All slopes greater that 3 horz. to 1 vert. require a retaining wall. Please review the grades at the west limit of the site to determine the need for an additional retaining wall. See "marked up" drawing. 9. All disturbed landscaped areas within the towns right of way shall be restored with topsoil and sod. 1 o. Please review location of existing services. See attached "as-constructed" drawing. 11. A curb stop is required to be installed at the junction between the existing and new water service if not existing. 12. All water mains and appurtenances shall be constructed in accordance with the Town of Tillsonburg Design Criteria, latest revision. 13. Please contact Reg Smith of the Tillsonburg Water Department regarding relocation of the existing hydrant. 14. The proposed new concrete sidewalk across the new entrance(s) shall have a thickness of 200mm. 15. Parking stalls are to 3.0m x 6.0m or 5.5m where the front of the vehicle is allowed to overhang a curb. · 16. Curb radius at Broadway shall be 6.0m. 17. Please review requirements for a noise barrier along the south curb line adjacent to the drive thru access. 18. Please submit the site plan to the Ministry of Transportation to review entrance/exit allowances and parking arrangements onto the "connecting link" corridor. 19. Please show the existing entrance/exits locations the commercial plaza on the east side of Broadway. 20. Provide sediment and erosion control notes and details on drawing to the satisfaction of the Town of Tillsonburg and the LPRCA. No construction work shall proceed until all sediment and erosion control has been installed. Please identify proposed measures on the drawings. 21. Please add note: "The owner's consulting engineer shall certify in writing that all site works, grading and servicing has been constructed in accordance with the approved site servicing and grading plans." · 22. See additional comments on the "marked up" drawing. CUSTOMER SERVICE CENTRE 10 Lisgar Ave. Tillsonburg, Ontario N4G 5A5 Tel: (519) 842-9200 Fax: (519) 688-0759 http://www.town.tillsonburg.on.ca ~ ' \ \ ' ' \ I I ·I l. \a ., I "\) ~ I ?""' (T) I 0 (/' ~ (l"J 0 I I ;; 01 l ~ (\j v .):, r 1 / I / FIT 3.0 Support resolution for Solar Power Network Melissa Clark to: 'dsanus@tillsonburg.ca' 10/03/2013 01:36PM Cc: "'Dewilson@tillsonburg.ca'" Hide Details From: Melissa Clark <Melissa@solarpowemetwork.ca> To: "'dsanus@tillsonburg.ca'" <dsanus@tillsonburg.ca>, Cc: "'Dewilson@tillsonburg.ca'" <Dewilson@tillsonburg.ca> 2 Attachments Page 1 of 1 Template%20-%20Municipal%20Council%208lanket%20Support%20Resolution.pdf Fit 3 Site list Tillsonburg.xlsx David, Oct 1, 2013 It's that time again! One year later, and the Ontario Government is preparing to open its next FIT (Feed in Tariff) application window on November 4th 2013. As you may recall, last year, Solar Power Network approached your municipality searching for support for local constituents who have partnered with us to develop roof top solar deployments locally. At that time, council supported a Blanket resolution as prescribed by the OPA, allowing any applicants within the municipality to garner priority points in the FIT 2.1 application process. Unfortunately, this resolution had a 12 month term and thus we are back looking for a new blanket resolution. See attached form. In many, if not most cases, this request is for the same sites that were presented for FIT 2.1 as the industry wide failure rate in that process exceeded 80% of all applicants. We are providing you with a list of the local applicants, for your information. As with the previous round, time is of the essence. There remains a first come first serve prioritization of applications when the window opens on Nov 4th. Your assistance in supporting your constituents in a timely way is most appreciated. As this is effectively an extension of a previous council decision, it is our hope that the request can be presented by staff. Please let me know if this is not the case and we will do what we can to facilitate a council appearance. I will be following up to review any questions you may have. Thank you in advance for your support, Sincerely, Melissa Clark e SHlRR PHUJER finUJDRK melissa clark I vp, partner relations 1 0:416 479 0333 ext290 1 C: 416 917 56671 solarpowernetwork.ca F: 855 328 8261 142 Wellington St E. 4th Floor 1 Toronto, Ontario 1 M5E 1C7 file:/1/C:/Users/dewilson/ AppData/Local/Temp/notes7003DE/~... 10/07/2013 To: Cc. Bee: planning@oxfordcounty.ca, Council Meeting Oct 15, 2013 Please be advised that at the Council Meeting of October 15, 2013, council passed the following resolutions: "THAT Tillsonburg Council advise Oxford County that the Town supports a Three year extension to the draft approval of the Lind prop Corporation residential plan of subdivision, to October 22, 2016." "THAT Council direct staff to proceed with formal public meetings regarding amendments to the Official Plan and the Zoning By-law for the purpose of implementing Official Plan policies and zoning provisions to regulate the location of methadone clinics and methadone dispensaries in accordance with the recommendations contained in Report No. 2013-261". If you have any questions, please do not hesitate to contact the undersigned. Regards, Donna Wilson Town Clerk Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 www. ti II son burg. ca www.DiscoverTillsonburg.ca www.Facebook.comffillsonburgON Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available to the public through the Council Agenda process. October 30, 2013 Mr. Rishi Poddar Project Development Specialist Ameresco 90 Sheppard Ave. East, 7th Floor North York, ON M2N 6X3 The Corporation of the Town of Tillson burg RE: COUNCIL Resolution -Province's FIT Program At the Tillsonburg Town Council Meeting of October 15, 2013, Council passed the following resolution: "WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"); AND WHEREAS one or more Projects may be constructed and operated in the Town of Tillsonburg; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; THEREFORE THAT Council of the Town of Tillsonburg supports without reservation the construction and operation of the Projects anywhere in the Town of Tillsonburg. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose; AND THAT this resolution shall expire on October 15, 2014." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (5 19) 842-943 1 Web: www.town .tillsonburg.on.ca ( October 29,2013 Mr. James Payne 319 Quarter Town Line Road Tillsonburg, ON N4G 4E7 Dear Mr. Payne RE: Boards and Committees The Corporation of the Town of Tillson burg Congratulations, you have been appointed as a member of the Parks & Recreation Advisory Committee. The Chair of the committee will be contacting you in the near future regarding your first meeting. The term of your appointment is for the remainder of the current term of Council which expires December 31 , 2014 or until such time as a replacement has been appointed. If you have any questions, please do not hesitate to contact me at 842-6428 Ext. 3224 Regards, v----~ Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillson burg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca October 29, 2013 Mr. Charlie Baldwin 9 Lisgar Court Tillson burg, ON N4G I N6 Dear Mr. Baldwin: RE: Boards and Committees The Corporation of the Town of Tillsonburg Congratulations, you have been appointed as a member of the Heritage, Beautification and Cemetery Advisory Committee. The Chair of the committee will be contacting you in the near future regarding your first meeting. The term of your appointment is for the remainder of the current term of Council which expires December 31, 2014 or until such time as a replacement has been appointed. If you have any questions, please do not hesitate to contact me at 842-6428 Ext. 3224 Regards, ~~- Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax # (519) 842-9431 Web: www.town.ti llsonburg.on.ca October 29, 2013 Dace Zvanitajs 25 George Street Tillsonburg, ON N4G 2N3 Dear Dace Zvanitajs: RE: Boards and Committees The Corporation of the Town of Tillson burg Congratulations, you have been appointed as a member of the Parks & Recreation Advisory Committee. The Chair of the committee will be contacting you in the near future regarding your first meeting. The term of your appointment is for the remainder of the current term of Council which expires December 31 , 20 14 or until such time as a replacement has been appointed. If you have any questions, please do not hesitate to contact me at 842-6428 Ext. 3224 Regards, Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax # (519) 842-9431 Web: www.town.tillsonburg.on.ca Page 1 of 4 1, ... -"t CanSIA FIT 3 SOLAR UPDATE FOR MUNICIPALITIES ii ·--~ \<J fo~ul Luukkonen W es Johnston, John Gorman 10/10/2013 02:55PM Cc: Sarah Simmons, "Waddell, Bob (Bob.Waddell@centrosolar.com)", "uamaral@sunedison.com", Carlo Di Gioacchino Hide Details From: Paul Luukkonen <pluukkonen@cansia.ca> To: Wes Johnston <wjohnston@cansia.ca>, John Gorman <jgorman@cansia. ca>, Cc: Sarah Simmons <ssimmons@sussex-strategy.com>, "Waddell, Bob (Bob.Waddell@centrosolar.com)" <Bob. W addell@centrosolar .com>, "uamaral@sunedison.com" <uamaral@sunedison.com>, Carlo Di Gioacchino <carlo .digioacchino@northgridsolar. com> CanSIA FIT 3.0 Update CAOs and Clerks of the Municipalities of Ontario, The Canadian Solar Industries Association (CanSIA) is pleased to contact Ontario Municipalities to help facilitate participation in Ontario's clean energy economy through the Feed in Tariff (FIT) Program and to share the benefits of Solar Electricity with their residents and communities. Final rules and program documents of the Ontario Power Authority's Feed-In Tariff Program (FIT 3} are now available. See the OPA announcement here. Applications for solar projects will be accepted from November 4th to December 13th, 2013. For the full set of FIT 3 prescribed forms, rules, definitions and contract click here. FIT Applications will be prioritized and selected based on priority points as indicated below. Municipalities are encouraged to note relevant timelines for issuing support resolutions and submitting applications. Municipalities should anticipate communication with solar proponents well in advance of the application window opening. 1) Municipalities can Support Solar projects in their community by providing Municipal Council Support Resolutions for Priority Points. 2} Municipalities can benefit from preferential access to Municipal project capacity set asides and priority points for Municipal participation for projects with greater than or equal to 15% Municipal economic interest 3) Obtain Funding through the interim Municipal and Public Sector Energy Partnerships Program for independent legal, technical and financial costs associated with developing and instituting the organizational structure that will own the Project and/or to assess whether the Applicant should file:///C:/Users/dewilson!AppData/Local/Temp/notes7003DE/~ ... 10/10/2013 Page 2 ot 4 enter into a business partnership with a Project partner (i.e. to obtain an Economic Interest). 4) Incorporate solar into municipal planning and qualify for funding through the Ministry of Energy's Municipal Energy Plan Program. 5) Provide the benefits of clean solar generation to your municipality and residents Please see below for further details. 1) Support Solar in your Municipality by providing Municipal Support Resolutions for project Priority Points in the FIT program. FINAl FIT 3 versions of Municipal Council Support Resolution prescribed forms are available below. a) Support all projects within your municipality with a blanket municipal support resolution. OPA prescribed form: Blanket Support Resolution b) Support specific projects with project specific resolutions OPA prescribed form: Project Specific Resolution c) Confirm a previous (project specific) council support resolution OPA prescribed form: Support Resolution Confirmation Kindly note the timelines for required FIT documentation including Municipal Council Resolutions. Anticipated fall 2013 FIT procurement schedule Application Window Opens Application Window Closes November 4th. 2013 December13~.2013 2) Build Municipal Solar projects through FIT and take advantage of exclusive project capacity set asides for Municipalities • Municipal Projects with greater than 50% project economic interest have exclusive access with other Public Sector entities to 41.8 MW of set aside capacity • Municipal Projects or Projects with 15% or greater economic interest are eligible for project type priority points as Municipal/Public Sector Entity Participation Projects • Municipalities can utilize non-project type points as a Municipal Host • Municipalities can also benefit from Municipal Council Support Resolution points where provided by a blanket support resolution file:/ I /C:/Users/dewilson/ AppData/Local/Temp/notes7003DE/~... 10/10/2013 Page 3 of 4 FIT Priority Points Table PROJECT TYPE PRIORITY POINTS Community Participation Project 3 Aboriginal Participation Project 3 Municipal or Public Sector Entity Participation 3 Project NON-PROJECT TYPE PRIORITY POINTS Municipal Council Support 2 Aboriginal Support 2 Municipal Site/Public Sector Entity Site Host 2 System Benefit 1 • See the Municipal Entity Participation Project Declaration prescribed form here 3) Obtain Funding through the interim Municipal and Public Sector Energy Partnerships Program for independent legal, technical and financial costs associated with developing and instituting the organizational structure that will own the Project and/or the costs associated with due diligence to assess whether the Applicant should enter into a business partnership with a Project partner (i.e. to obtain an Economic Interest). This program is available only to those Applicants pursuing a FIT Project that does not yet have a FIT Contract. • Applicants pursuing three or more proposed FIT Projects are eligible for up to $40,000 at 80 percent of actual costs per municipality/public sector entity. • Applicants who are pursuing two proposed FIT Projects are eligible for up to $30,000 at 80 percent of actual costs. • Applicants who are pursuing a single proposed FIT Project are eligible for up to $20,000 at 80 percent of actual costs. For more information about eligibility and funding please see the Program Rules and Program Guidelines. Application Deadline: November 12th, 2013. 4} Incorporate solar into your municipal energy planning and qualify for funding through the Municipal Energy Plan Program For information on how to apply for funding of up to $90 000 click here • Application deadline: November 29th, 2013 5} Provide the benefits of clean solar generation to your Municipality and residents The benefits of Solar Generation include the following: • high public support • empowers consumer choice • the cleanest form of electricity generation file:/1/C:/Users/dewilson/ AppData/Local/Temp/notes7003DE/~... 10110/2013 rage '+ u1 '+ • continuously declining costs • provides peak electricity load reduction capabilities • defers transmission & distribution investments • provides significant local economic development and employment opportunities For further details on the benefits of Solar Generation click here CanS lA is committed to help facilitate the success of the Feed in Tariff program for Municipalities and ensure that the benefits of Solar PV can be an important part of Municipal Planning and electricity options for clean generation. Please contact pluukkonen@cansia.ca if you have further questions subsequent to the review of this information. Kindest regards, Paul Luukkonen Policy & Research Advisor Canadian Solar Industries Association (CanSIA) L'Association des Industries Solaires du Canada tel: 416-644-3603 toll free: 1-866-522-6742 ext.# 2 pluukkonen(CV,cansia.ca Vv\Vw.cansia.ca Centre for Social Innovation 215 Spadina Ave, Suite 127 M5T2C7 Toronto, Ontario file:/ //C:/U sers/dewilson/ AppData/Local/Temp/notes7003DE/~... 10/10/2013 -----Original Message----- From: Amber Zimmer/Tillsonburg <AZimmer@Tillsonburg .ca> Date: Mon, 23 Sep 2013 15:10:41 To: <agradish@hotmail.com> Cc: <sparky0601@yahoo.ca>; <DEWilson@tillsonburg.ca>; <MKlein@Tillsonburg.ca> Subject: Re: Monday Sept 23rd meeting Hi Andrew, A formal request needs to be submitted to Donna Wilson, Town Clerk, or myself by Tuesday the week prior to Council to ensure a space on the Council agenda. Unfortunately, delegations for the Council meeting tonight are full. The next meeting is on October 15th at 6:00pm. Are you available then to present? Please let me know and I will ensure that you get a chance to speak, Amber Zimmer Deputy Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3221 www.Tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON From: Andrew Gradish <agradish@hotmail.com> To: "azimmer@tillsonburg.ca" <azimmer@tillsonburg.ca>, "mklein@tillsonburg.ca" <mklein@tillsonburg.ca> Date: 09/22/13 01:47 PM Subject: Monday Sept 23rd meeting Amber, I am contacting you in regards to speaking at the meeting tomorrow night over the matter of the Young Street Bus route. We are just looking to state our case over having the bus come down the street instead of having our children congregate on the side of a busy highway in Tillsonburg with no sidewalks and on the yards of people who do not even have children riding the bus. Please let me know what time our group should arrive at the council meeting . Thanks, Andrew Gradish The next Council meeting is next Monday, September 23rd. If you wish to be a delegation at that meeting I will need a letter (e-mail is fine), stating that you wish to be a delegation and the reason why so that I can add it to the agenda. I need this letter by tomorrow if you wish to attend. The meeting starts at 6:00pm and delegations are first, so you should be done by 7:00pm at the latest. If you cannot attend the meeting there are Council meetings on October 15th and 28th as well. Please let me know if you have any questions, Amber Zimmer Deputy Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3221 www. Tillsonburg .ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON -----Forwarded by Amber Zimmer/Tillsonburg on 09/17/13 10:15 AM ----- From: M Klein <martyklein@live.ca> To: stephanie beattie <sparky0601 @yahoo.ca> Cc: Amber Zimmer!Tillsonburg <AZimmer@Tillsonburg.ca> Date: 09/17/13 10:10 AM ~-~.?.je~~.~~·~·---~~~-M~p~~-~n-:.~us .f2.~~te C:on~.~~-··-··-·-· ~· . ··~--·~--·~-·~"'~-~--·--~··-·---------~-·- Hi. The next meeting is Monday the 23rd. If you want to speak as a delegation please contact the deputy clerk, Amber Zimmerman. I copied her so that you would have her address. Marty. Sent from my iPhone On 2013-09-16, at 4:24PM, "stephanie beattie" <sparkv0601(W,yahoo.ca> wrote: Hi Marty its Stephanie Beattie I was just wondering when the next town council meeting will be???? From: stephanie beattie <sparky0601@yahoo.ca> To: "mklein@tillsonburq.ca" <mklein@tillsonburg.ca> Sent: Thursday, June 13, 2013 12:31:07 PM Subject: Maple Lane Bus Route Concern Hi Marty: This Stephanie Beattie sending you the complaint letter regarding the bus route for Young St. that you requested. Please contact me with any information you receive with this matter.