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980309 Regular Council Session AgendaA THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL AGENDA MONDAY - March 9th, 1998 - 8:00 A.M. ORDER OF BUSINESS: Pg. 3- 8 A. Adoption of Minutes - February 23rd, 1998 B. Adoption of Agenda C. Declarations - Municipal Conflict of Interest Act D. Appointments/Delegations E. Committee of Adiustment Pg. 9-10 1. A-2/98 - Mr. Ed McLaughlin (i) Memo from Mike Barrett, Planner, County of Oxford (enclosed) F. Reports Pg. 11-27 1. Public Services Committee Minutes of March 3rd, 1998 Pg. 28-47 2. Fire Committee Minutes of March 2nd, 1998 G. Communications Pg. 48-56 1. Federation of Canadian Municipalities RE: New Terms of Reference for Municipal Government Pg. 57-58 2. Norfolk Association for Community Living (N.A.C.L.) RE: Permission to Sell Raffle Tickets Pg. 59-62 3. Station Arts Centre RE: Permission to Sell Break Open Tickets H. Information Pg. 63-64 1. Ministry of Municipal Affairs and Housing RE: Members of Local Housing Authority Boards ...2 J - 2 - Pg. 65-66 2. Association of Municipalities of Ontario RE: Clearing the Air About the Village of Blyth and the District of Muskoka Resolutions Pg. 67 3. Ministry of Solicitor General and Correctional Services RE: OPP Police Services Costing Proposal Pg. 68 4. Municipality of Bayham RE: Reconstruction of Bayham Drive Pg. 69 5. County of Oxford RE: County of Oxford Integrated Network (COIN) Project Pg. 70 6. Vern Fleming RE: Appreciation re: Tree Removal Pg. 71-73 7. The Trillium Foundation RE: 1998 Caring Communities Award Pg. 74-75 8. County of Oxford Department of Planning & Development RE: Public Notice - Application for Zone Change - Steve Aguston I. Resolutions J. By -Laws K. Notice of Motion L. Closed Session February 23rd, 1998 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, February 23rd, 1998 at 7:30 P.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario. PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: B. Carroll, G. Leachman, C. Rosehart and S. Molnar ORDER OF BUSINESS: A. Adoption of Minutes No. 1 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under date of February 9th, 1998 be adopted as printed and circulated. "Carried" B. Adoption of Agenda No. 2 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council Meeting of February 23rd, 1998 be adopted as printed, with the addition of: G. Reports 1.(a) Tillsonburg Parks, Community Centre and Recreation Commission RE: Memorial Arena - Structural Review and Estimated Remedial Work H. Communications 4. Glendale High School Community Council RE: Late Start to School Due to Tobacco Harvest. "Carried" C. Declarations - Municipal Conflict of Interest Act Mayor Cam McKnight declared a Conflict of Interest with respect to Vendor S565 of the Accounts Payalple Dist for January 1998 as recorded in Corporate Services Committee Minutes of February 18th, 1998. 14, D. Presentations 1. Mr. George Jenkins received his Volunteer Recognition Award for his outstanding contributions to service clubs, non-profit organizations and charities in the Town of Tillsonburg. E. AM9i.ntments[Delegations 1. Mr. Tom Galli, Ontario Liquor Boards Employees' Union - Delegation not in attendance. Information Kits previously circulated. F. Reports 1. Corporate Services Committee Minutes of February 18th, 1998 1(a) Tillsonburg Parks, Community Centre and Recreation Commission RE: Memorial Arena - Structural Review and Estimated Remedial Work 2. County of Oxford, Department of Planning and Development RE: Draft Plan Approval - Hutchinson G. Communications 1. Township of Hagarty & Richards RE: Support of Resolution - Recyclable Containers - Deposit and Refund System 2. County of Oxford, Department of Planning and Development RE: Lifting of Part Lot Control - The Linkoln Group Inc. 3. Station Arts Centre RE: Invitation for Council Representation on Tillsonburg District Craft Guild 4. Glendale High School Community Council RE: Late Start to School Due to Tobacco Harvest H. Information 1. Tillsonburg Culture Commission Minutes of January 21st, 1998 2. Tillsonburg Police Services Board Minutes of January 19th, 1998 3. Ministry of Finance RE: Property Tax Reform 4 I. 4. Canadian Federation of Independent Business RE: Property Tax Reform 5. District Municipality_ of Muskoka RE: AMO - Negotiations with Province 6. Ontario Hydro RE: Nuclear Waste Management Newsletter 7. County of Oxford RE: LPRCA 1998 Draft Budget 8. 1998 OSUM Organizing Committee and Town of Huntsville RE: Annual OSUM Conference - April 29th to May 2nd, 1998 9. Association of Municipalities of Ontario RE: Municipalities Demand that the Province Meet its Common Sense Revolution Promise 10. Ministry of Municipal Affairs and Housing RE: Draft Municipal Act Released for Consultation 11. Information Access Oxford RE: Oxford County Business Fair "HOB -NOB" (Helping Overcome Barriers - New Opportunities for Business) - March 24th, 1998 12. Statement of Remuneration and Expenses paid to Members of Council - December 31st, 1997 Resolutions No. 3 Moved by Councillor Carroll Seconded by Councillor Leachman AND RESOLVED THAT application to Committee of Adjustment of Rayburn Lansdell (The Upper Deck), File "A-18/98, to extend the legal non -conforming use (office) to another similar legal non -conforming use (assembly hall/recreational space) as effects Part Lots 1188, 1189 and 1190, known municipally as 19 Queen Street, in the Town of Tillsonburg, be approved. "Carried" No. 4 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Corporate Services Committee Minutes of February 18th, 1998, as amended, be received and recommendations contained therein be adopted. "Carried" No. 5 Moved by Councillor Leachman Seconded by Councillor Carroll AND RESOLVED THAT Item H - requests for donations as contained in the Minutes of the Corporate Services Committee dated February 18th, 1998 be divided from those Minutes and voted on separately. "Carried" No. 6 Moved by Councillor Molnar Seconded by Councillor Rosehart AND RESOLVED THAT Council grant the Tillsonburg Parks, Community Centre and Recreation Commission permission to expense up to $15,000.00 for the structural review and estimated remedial work pertaining to the Memorial Arena. "Carried" No. 7 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT WHEREAS recent Province of Ontario Legislation, the Water and Sewage Services Improvement Act, will transfer ownership of sewage works, including the Tillsonburg Sewage Treatment Plant, to the County of Oxford; AND WHEREAS the Town of Tillsonburg and the County have entered into an agreement providing for the Town of Tillsonburg to oeprate sewage works and to pay for same on a benefitting charge basis; AND WHEREAS it has been identified by the Ontario Clean Water Agency (OCWA), the sub -operator of the plant, that works totalling up to $1,261,000 need 'to be carrie out to maintian the plan as more specifically identified in a feasibility sutdy as prepared by the engineering firm of Acres and Associate; AND WHEREAS in order to facilitate this transfer and to assist to compensate for extraordinary costs recently identified; BE IT THEREFORE RESOLVED THAT this Council support an application to the Special Circumstances fund for the cost of upgrading the Tillsonburg Sewage Treatment Plant. "Carried" No. 8 Moved by Councillor Carroll Seconded by Councillor Leachman AND RESOLVED THAT the Council of the Town of Tillsonburg, revise the expiration date of the water allocation approval which was granted for 62 single -detached lots on December 8, 1997 to correspond with the lapsing date of any draft approval for lands contained in Subdivision File No. 32-97001; AND FURTHER RESOLVED THAT the Council of the Town of Tillsonburg recommend to the County of Oxford 0 that it give Draft Approval of Draft Plan of Subdivision 32T-97001, as applied for by Ben _ Lansink on behalf of Mike Hutchinson Properties, subject to conditions as contained in County Planning Report #98-26. "Carried" No. 9 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the following resolution be referred to the Public Services Committee for review and consideration: THAT the Council of the Town of Tillsonburg support the Township of Hagarty and Richard's resolution dealing with requiring manufacturers to initiate a deposit and refund system for items sold in containers." "Carried" No. 10 Moved by Councillor Rosehart Seconded by Councillor Horton AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to Oxford County Council that the lands consisting of Lot 84, Registered Plan 41M-1331 Town of Tillsonburg, be exempted from Part Lot Control and that the County be requested to enact the necessary exempting by-law as well as entering into a standard Part Lot Control Agreement with the applicant. "Carried" No. 11 Moved by Councillor Carroll Seconded by Councillor Leachman AND RESOLVED THAT the invitation from the Station Arts Centre to appoint members(s) of Council to attend the Tillsonburg District Craft Guild Executive meetings be referred to Development and Culture Committee. "Carried" No. 12 Moved by Councillor Leachman Seconded by Councillor Carroll AND RESOLVED THAT the Council of the Town of Tillsonburg endorse the letter to Mr. Ted Anderson, Superintendent of Transitional Issues of the Thames Valley District School Board, from The Glendale High School Community Council supporting the late start to school due to tobacco harvest; AND FURTHER RESOLVED THAT the Town of Tillsonburg send a letter to Mr. Ted Anderson and copy those who are shown as receiving copies of the letter prepared by The Glendale High School Community Council. "Carried" J. By -Laws , R. Notices of Motion None L. Closed Session No. 13 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Council move into Closed Session to consider matters of potential litigation. "Carried" Council moved back into Open Session and passed the following resolutions. M. Resolutions No. 14 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT a 1.5% increase be authorized to be applied to the remuneration structure and salary grid and that such increase be applied, retro -active to January 11 1998, to the remuneration and salaries and wages of: Mayor and Council Full-time Non-union Town Staff, including Parks and Recreation Library and Museum. "Carried" No. 15 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Corporation's replacement of the existing Sick Leave Gratuity Plan with a Short Term Income Protection Plan be incorporated for members of C.U.P.E., as per the Corporation's proposal and as amended by the signed memorandum of agreement between representatives of the Corporation and C.U.P.E., dated February 20, 1998. "Carried" No'. 16 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Lot 69, 54 Allen Street, be declared Surplus Lands and be offered for sale. "Carried" Meeting adjourned. Mayor Clerk -Administrator J. By -Laws K. Notices of Motion None L. Closed Session Mayor No. 13 Moved by Councillor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Council move into Closed Session to consider matters of potential litigation. "Carried" Council moved back into Open Session and adjourned. Clerk -Administrator Application No. A-2/98 THE COMMITTEE OF ADJUSTMENT FOR THE CORPORATION OF THE TOWN OF TILLSONBURG IN THE MATTER OF Section 45 of the Planning Act, 1990 - and - IN THE MATTER OF an application by Mr. Ed McLaughlin R.R. #2 Tillsonburg ON N4G 4H1 NOTICE OF PUBLIC HEARING Take notice that an application has been made to the Committee of Adjustment of the Corporation of the Town of Tillsonburg for variance from certain provisions of Town of Tillsonburg Zoning By-law 1994 and amendments thereto by: Mr. Ed McLaughlin as effects Lots 212 & 213, Plan 500, known municipally as 216 Tillson Avenue, in the Town of Tillsonburg. The purpose of the application is to permit the following variances to the Towns Zoning By-law 1994, as amended: Section 15.2.2.4 - Front Yard - 6.6 m (21.5 ft) instead of the required 15 m (49.2 ft): Section 15.2.2.6 - Side Yard - 2.7 m (9 ft) instead of the required 9m (29.5 ft); Section 5.17.1 - Parking Area Reauirements - 12 parking spaces instead of the required 14 spaces: Section 5.17.8 - Parking Area Location On Lot - visitor parking is located 0.0-m (0.0 ft) from street line instead of the required 1.0 m (3.2 ft). The applied for minor variance would permit the construction of a one -storey -warehouse to the existing legal non -conforming industrial building. The property is located in a general industrial (M2) zone. The Committee of Adjustment may authorize minor variances from the provisions of by-law 1994 in respect to land, buildings or structures or the use thereof as in its opinion is desirable for the appropriate development or use of the land, building or structure provided the general intent and purpose of the by-law and Official Plan are maintained. The Committee, before making its decision, will hold a public hearing to hear all persons who desire to make submissions in support of or in opposition to the application as follows: Date: March 9, 1998 Time: 8:00 a.m. Place: Council Chambers, Municipal Offices, Town Centre Mall, Tillsonburg, Ontario. If you do not attend and are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. Persons taking part in the hearing and wishing a copy of the decision must file a written request for notice of decision with the Secretary -Treasurer. Such decision will be mailed not later than ten days from making of the decision. DATED at Tillsonburg this 27th day of February, 1998. Brad Bartlett, Secretary -Treasurer. O RODGER STREET( 40.0' WIDE PLAIV J93 } c� toles''` LOT 214 g EXISANC RF.SIDEN77AL If) F 90 N T6' S6' 00' E ! Imo) j ! I 100.00' 0 Y— Q N _ o PROPOSED A001770Nb W sig 1 STOREY W O n 2000 S0. FEET ti _ - V_ WAREHOUSING Ii n__ _ lax: N r r>r ILS b tie > ° \ \os, ) .r Z I g j EXIS17NG CONCRETE BLOCK n ? J BUILDING J500 SO. FEET _ 7_ z to \ O/^ w V) I1 .I _J y N 76' Sl' JO' E 1 1 100.00' r LOT ;fig ONTARIO HYDRO TRANSIM/SSION YARD PREPARED FOR BUILDING PERMIT AND MINOR VARIANCE APPLICA AON LOT 212 AND 213 JUDGE'S PLAN REGISTERED AS PLAN NO. 500 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE - I INCH - 20 FEET DISTANCES SHOWN IMPERIAL BE CONVERTED TO ON BY MULTITHIS PIAN PLYING BY 003048 TS AND CAN CAUTION THIS IS NOT A PLAN Or SURVEY OR SURVEYORS REPORT AND SHALL NOT RE USED FOF TRANSACTION OR FINANCING PURPOSES rHE PROPOSED BUILDING AND IT'S LOCATION SHOWN HEREON WAY BE ,.iMCT to CHANGES PRIOR TO CONSTRUCTION DO NOT CONVET T'ROW THIS PIAN I,E+ATIONS •-HOWN HEREON ARE AS SHOWN ON A DESIGN PLAN COMPLETED BY A. GIRARD ENGINEERING (ONTARIO) I to CONSULTING ENOONEERS. ')ATrn SEPTEWBFP 6. '991 NOTES (1) rROPEPTY DIMENSIONS SHOWN HEREON ARE COMPILED FROM VARIOUS SURVEY RECORDS CONTAINED M HIN THIS OFFICE AND HAVE NOT BEEN VERIFIED BY FIEr U SURVEY (21 - PROPO•:EO BUILDING POSInONEO BY CALCULATIONS. NOT BY AMA[ SURVEY (S) rROPO^.ED 107 COVERAGE 60% (BY-LAW 107.) (4) - ✓ROPO!tr) FRONT YARD SET BACK 16.5' (BY-LAW 49.2') !S) PROPOSED REAR YARD SEI BACK 31.0' (BY- LAW 24-6') (6) PROPOSED INTERIOR SIDE YARD 6.9' (BY •: AW 29Y) (%) -• PROPO:{D LANDSCAPED OPEN SPACF 5%(BY-LAW St) (6) - PROPn!:ED PARKINI. %PACES I2 'BY-LAW 131 (9) - ELEVATIONS SHOWN HEREON ARE BASED ON A LOCAL DATUM AND ARE SHOWN /JFY 'nos Is Nor AN O CANAL COPY IHAESS EWsossm WI N Sm. Q COPYR(CHT 148E KBI HUTTED wRVEYIHC vD. THE RLPRODUs:TION, ALTFRAnoN. OR USE of TkIS REPORT IN WHOLE OR IN PART VATH041T THE WRITTEN rrPM15S1ON or KIM HUSTED SURVEYING CSD rn N I a a� a~ 41 N .n b 4 44 0 4) 4J 4J V O 1 Minutes of the Public Services Committee meeting held March 3rd, 1998, at 3:30 P.M., at 20 Spruce Street, Tillsonburg, Ontario. THOSE IN ATTENDANCE Chairman D. Beres Vice Chairman B. Smith Councillor S. Lamb Councillor C. Rosehart Deputy Mayor I. Horton ADOPTION OF AGENDA D. Robertson, C.B.O. G. Jaumol, Foreman E. Roloson, Recycling M. Cowan, Director Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb the adoption of the agenda. CARRIED ADOPTION OF MINUTES - FEBRUARY 4, 1998 Moved by Vice Chairman B. Smith, seconded by Councillor S. Lamb the adoption of the minutes, as amended. CARRIED REPORTS Moved by Vice Chairman B. Smith, seconded Councillor S. Lamb that the monthly reports for January 1998 by Cemetery, Building, Works, and Recycling be received and filed, as attached. CARRIED BUSINESS ARISING FROM REPORTS 1) Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the following reports be included in the minutes of Public Services for Council's information. 2) RECYCLING CARRIED Staff direction to review the existing problems of recylables being placed out in downtown alleys on non - collection days. For review at the next meeting. 3) TRANSIT Moved by Deputy Mayor I. Horton, seconded by Councillor B. Smith that the Public Services Committee recommend the adoption of the Transit Advisory Committee minutes of February 19th, 1998. CARRIED ...2 s t PUBLIC SERVICES COMMITTEE MEETING MARCH 3, 1998 - PAGE TWO ITEMS 1) SANITARY SEWERS - NORTH BROADWAY - VENISON STREET TO NORTH STREET Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend that local improvement reports be prepared for Council's consideration for Broadway, between Venison Street and Carolina, where applicable. CARRIED 2) SIDEWALK CONSTRUCTION POLICY Members requested that this item be deferred to our next meeting for further consideration and recommendation to Council. 3) M.T.O. - NORTH BROADWAY UPDATE Not available. 4) L.P.R.C.A. - SHORELINE PROPERTY ASSISTANCE PROGRAM Moved by Deputy Mayor I. Horton, seconded by Vice -Chairman B. Smith that the Public Services Committee recommend at this time, that the Town of Tillsonburg not be involved in the Shoreline Property Assistance Program. CARRIED 5) TILLSONBURG POLICE - APPRECIATION LETTER Information only. 6) HANDICAPPED PARKING REQUEST Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend that a handicapped parking space be installed in the Town parking lot behind 40 London Street West. CARRIED 7) ROAD SCHOOL - MAY 1998 Moved by Vice -Chairman B. Smith, seconded by Councillor S. Lamb that A. McGilligan attend Road School in May, for cost benefit analysis course or an alternative. 1 12 CARRIED ...3 v i PUBLIC SERVICES COMMITTEE MEETING MARCH 3, 1998 - PAGE THREE 8) 1997 MECHANICS REPORT Total hours have increased for 1997 and now in 1998 having the Transit on board reduces the hours available for Public Works equipment. Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee authorize the Director to investigate the feasibility of a truck mechanic apprentice program for Public Services. CARRIED 9) ONTARIO TRAFFIC CONFERENCE - MAY 3-5, 1998 Information only. 10) SWANA CONFERENCE - EDMONTON Information only. 11) WASTE TO ENERGY CONFERENCE - FLORIDA Information only. 12) CORPORATE SERVICES - CHAIRMAN - 1998 BUDGET Moved by Deputy Mayor I. Horton, seconded by Vice -Chairman B. Smith that the 1998 Budget be adjusted to reflect the following. 1) PARKING LOT MAINTENANCE Additional revenue - Bylaw No. 2795 2) STREET LIGHT CAPITAL REDUCTION Defer Broadway - North Street northerly 3) SIDEWALK RAMPS REDUCTION Defer to 1999 4) 1998 ROAD CONSTRUCTION - RESURFACING Reduction TOTAL PROPOSED REVISION 13 $ 23,720.00 14,000.00 22,050.00 $ 45,000.00 $104,770.00 CARRIED PUBLIC SERVICES COMMITTEE MEETING MARCH 3, 1998 - PAGE FOUR 13) ONTARIO STREET - EXTENSION Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the Town construct a gravel road approximately 200', to comply with the agreement with the property owners at 54 Ontario Street. CARRIED 14) ONTARIO GOOD ROADS - MUNICIPAL ROUTES Information only. 15) REQUEST FOR CAPITAL EXPENDITURES Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the following capital expenditures be recommended to Council. 1. WORKS - Shop Addition Completion $ 54,000.00 2. CEMETERY - Office Renovations 11000.00 - Furnace 4,000.00 TOTAL $ 59,000.00 CARRIED 16) ANNUAL SOAP BOX DERBY Moved by Councillor S. Lamb, seconded by Vice -Chairman B. Smith that the Public Services Committee recommended to Council that the request of the Summer Knights Car Club of Tillsonburg be authorized to utilize Old Vienna Hill on June 21st, 1998, subject to the Town notifying all emergency services and property owners along Old Vienna Road and Van Street. CARRIED 17) STOOP & SCOOP - REQUEST FOR SIGNAGE Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the Town install one sign in the triangle at the corner of Maple Lane and Maple Court to assist in public notification and request Parks and Recreation to review signage as may be required in the Ball Park. CARRIED ...5 1 14 t PUBLIC SERVICES COMMITTEE MEETING MARCH 3, 1998 - PAGE FIVE 18) SURPLUS LOTS - BROADWAY During rehabilitation of North Broadway it is the intent to service lots No. 20 to No. 24, R.P. 551, which will accommodate five new building envelopes. Moved by Vice -Chairman B. Smith, seconded by Councillor S. Lamb that the Public Services Committee recommend to Council that these registered lots be declared surplus and that all revenues received offset the rehabilitation of sidewalks and sanitary sewers on Broadway. CARRIED 19) 58 LISGAR AVENUE SANITARY SEWER CONNECTION Information only. 20 ) ROAD CLOSURE - TRI -COUNTY Moved by Vice -Chairman B. Smith, seconded by Councillor S. Lamb that the Public Services Committee recommend to Council the approval of Tillsonburg Tri -County Agricultural Society's request to close Saunders, Ross and John Streets and the north end of Hardy Avenue past the Complex on May 15, 16, 17, & 18th, 1998, subject to the affected property owners on Ross Street being notified and the Works Department delivering only on May 15th, sufficient barricades, as required, with pick up on Tuesday, May 19th, 1998. CARRIED 21) MOTION Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Committee now move into Executive to discuss legal and personnel issues. CARRIED Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that Committee move out of Executive. CARRIED Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the meeting be adjourned. CARRIED Minutes prepared by Director M. Cowan. For errors or ommissions please contact this office. 15 s c Minutes of the Public Services Committee meeting held February 4th, 1998, at 3:30 P.M., at 20 Spruce Street, Tillsonburg, Ontario. THOSE IN ATTENDANCE Chairman D. Beres D. Robertson, C.B.O. Vice Chairman B. Smith D. Cupples, Clerk Councillor S. Lamb G. Jaumol, Foreman Councillor C. Rosehart E. Roloson, Recycling Deputy Mayor I. Horton M. Cowan, Director Mayor C. McKnight - Absent due to conflicting meeting ADOPTION OF AGENDA Moved by Vice Chairman B. Smith, seconded by Councillor S. Lamb the adoption of the agenda, as amended. CARRIED ADOPTION OF MINUTES - JANUARY 22, 1998 Moved by Vice Chairman B. Smith, seconded by Councillor C. Rosehart the adoption of the minutes. DELEGATIONS 1. MR. JACK WHITMORE RE: RAISED CONCERNS OF VEHICULAR TRAFFIC MOVEMENT ON CONCESSION STREET EAST, AREA OF BALL PARR/PLAYGROUND MOTION: Moved by Councillor I. Horton, seconded by Vice -Chairman B. Smith, that the Committee recommend to Council that the Town of Tillsonburg erect 50km. speed signs and playground signs on Concession Street East by the park and request the Parks & Recreation to advise all users of the park to obey all traffic laws. CARRIED 2. MR. JERRY MICHAUD, HOWARD SMITH & TODD DAY RAISED CONCERNS REGARDING THE EXCESSIVE AMOUNT OF SURFACE WATER ENTERING INTO THE DRAINAGE SWALE ON THEIR PROPERTIES - LOCATION - BECKETT BOULEVARD MOTION: Moved by Deputy Mayor I. Horton, seconded by Vice -Chairman B. Smith, that the Committee recommend to Council that the Town of Tillsonburg construct an additional swale on the school property, abutting Lots 34, 36, 38 & 40 and review the existing berm on the park when the area is dry enough to do so, subject to the following. ...2 1 16 C, PUBLIC SERVICES COMMITTEE MEETING ` FEBRUARY 4, 1998 - PAGE TWO 2. MICHAUD/SMITH/DAY CONT'D. A. Receipt of approval from the school board to enter on, construct and provide maintenance of temporary swale. B. Hold harmless agreements from each property owner affected. REPORTS Moved by Councillor S. Lamb, seconded Deputy Mayor I. Horton that the monthly reports for January 1998 by Cemetery, Building, Works, and Recycling be received and filed, as attached. CARRIED ITEMS 1) LONG POINT CONSERVATION AUTHORITY Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the Town of Tillsonburg request a meeting with the L.P.R.C.A. to establish procedures and a fee schedule on evaluating erosion problems within the Town of Tillsonburg. CARRIED 2) PRESS RELEASE - DEPUTY CHIEF GOSSO - ENFORCEMENT OF LAW AT TRAFFIC SIGNALS - SIMCOE STREET AT VIENNA ROAD Received and filed. 3) STOOP & SCOOP BYLAW - 47 HAWKINS CRESCENT Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that signage be placed along the Hickory Hills walkway on both sides of Wilson Avenue. CARRIED 4) COUNCIL MEETINGS - MEMO TO COMMITTEE'S RE: NEW DATES Received and filed. 5) ONTARIO CLEAN WATER AGENCY Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend that the Administrator, Treasurer and Director review the proposal and recommend to Corporate Services. CARRIED ...3 1 17 s c PUBLIC SERVICES COMMITTEE MEETING FEBRUARY 4, 1998 - PAGE THREE 6) M.T.O. MINUTES OF JANUARY 13, 1998 RE: NORTH BROADWAY Received and filed. 7) TRANSIT A. BUDGET Moved by Deputy Mayor I. Horton, seconded by Councillor C. Rosehart that the Public Services Committee recommend that the 1998 Budget be recommended to Corporate Services for approval. CARRIED B. ADVERTISING ASSISTANCE Moved by Deputy Mayor I. Horton, seconded by Councillor C. Rosehart that the Public Services Committee recommend that Mr. Kleer and Ms. Gosnell be notified that their assistance is desirable and that a meeting be arranged at the earliest possible convenience. CARRIED C. ADVERTISING Staff direction to investigate advertising opportunities with the firm of Saatchi & Saatchi Advertising Inc. D. BUS STOPS Transit Advisory Committee to review bus location stops and cost, for recommendation of Public Services. E. MAP OF STOPS/ROUTE Transit Advisory Committee to review cost and need of placing stops/routes on the Town advertising map for recommendation of Public Services. 8. ONTARIO ASSOCIATION OF CEMETERIES - 1998 - EDUCATION & SALES SEMINAR Moved Councillor S. Lamb, seconded by Councillor C. Rosehart that the Public Services Committee recommend that the Director attend this seminar March 4th & 5th, 1998. 1 18 CARRIED ...4 PUBLIC SERVICES COMMITTEE MEETING FEBRUARY 4, 1998 - PAGE FOUR 9. STRETsT LIGHTS - BELL MILL SIDE ROAD Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the Town of Tillsonburg install three street lights, south of the railroad tracks, along Bell Mill sideroad. The cost of this installation should be shared 1/3 - Town of Tillsonburg and 2/3 - T.R.W. CARRIED 10. GENERATOR - 600V - 156KV Moved by Vice Chairman B. Smith, seconded by Councillor S. Lamb that the Public Services Committee recommend that the P.U.C. and Works Department evaluate the cost of repairing this generator for consideration of Public Services and the P.U.C. for use in emergencies. • CARRIED 11. SWANA CONFERENCE Received and filed. 12. MUNICIPAL ROUTES Received and filed. 13. MICHIGAN CEMETERY ANNUAL CONFERENCE Moved by Deputy Mayor I. Horton, seconded by Vice Chairman B. Smith that the Public Services Committee recommend that the Chairman and Director attend one day at the Conference in Port Huron, to obtain information on suppliers and equipment available to Tillsonburg Cemetery. CARRIED 14. M.O.E.E. - MINISTER NORM STERLING Committee members were informed that the Director and Recycling Co-ordinator were invited quests of Mr. Peter Preston, M.P.P., Brant Handimand, to discuss Total Recycling in Oxford and the Province of Ontario, with the Minister on February 3rd, 1998. Mr. Sterling, Minister of M.O.E.E. received our information with interest and will review it further. ...5 19 2 4. PUBLIC SERVICES COMMITTEE MEETING FEBRUARY 4, 1998 - PAGE FIVE Moved by Councillor C. Rosehart, seconded by Councillor S. Lamb that the Public Services Committee go into legal and personnel. CARRIED Moved by Councillor S. Lamb, seconded by Councillor C. Rosehart that the Public Services Committee return to open session. CARRIED ROUND TABLE Staff direction to develop reporting schedules for Transit re: users, hours, etc. for monthly review of.the Public Services Committee. Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the meeting be adjourned. Minutes prepared by Director M. Cowan. For errors or ommissions please contact this office. 1 20 REPORTS OF BUILDING & PLUMBING PERMITS ISSUED FOR THE MONTH OF FEBRUARY 1998, FROM D.H. ROBERTSON, CHIEF BUILDING OFFICIAL, TOWN OF TILLSONBURG RESIDENTIAL MONTH YEAR TO DATE 1997 CONSTRUCTION TYPE VALUE FOR MONTH YEAR TO DATE NEW SINGLE FAMILY 10 16 11 1,011,114. 1,397,114. NEW MULTIPLE UNITS - - - - NEW APARTMENT UNITS - - 3 - - REPAIRS RENOVATIONS 3 5 8 25,500. 35,400. ACCESSORY GARAGE/CARPORT 1 1 - 15,000. 15,000. SWIMMING POOLS - - - - - DEMOLITION OF UNITS - - 1 - - MOVING OF UNITS - - - - - AGRICULTURAL BUILDING - - - - - COMMERCIAL NEW BUILDINGS - - - - - ADDITIONS - - - - - REPAIRS & RENOVATIONS 2 2 4 20,000. 20,000. DEMOLITION - - - - - MOVING OF UNITS - - - - - SIGNS 1 1 1 11900. 1,900. INDUSTRIAL NEW BUILDINGS - - - - - ADDITIONS - - - - - REPAIRS & RENOVATIONS - - 1 - - DEMOLITION - - - - - INSTITUTIONAL NEW BUILDINGS - 1 - - 2,308,000. ADDITIONS - - - - - REPAIRS & RENOVATIONS - - 1 - - MOVING OF UNITS - - - - - TOTAL 17 26 11073,514. 31777,414. LAST YEAR TO DATE 30 1,333,245. 11757,735. 21 CORPORATION OF THE TOWN OF TILLSONBURG February 26, 1998 PUBLIC SERVICES BUILDING - 842-2211 WORKS - 842-5951 CEMETERY - 842-3522 MEMO TO: M. C. COWAN, DIRECTOR OF PUBLIC SERVICES FROM: EMILY PURCHASE, RECYCLING COORDINATOR RE: RECYCLING UPDATE, FEBRUARY 1998 20 Spruce Street Tillsonburg, Ontario N4G 4Y5 (519) 842-8775 - Fax 1. Town of Tillsonburg Total Recycling System has been recognized by Environment Canada's Action 21 with a Certificate of Environmental Citizenship. The large, colourful certificate is being mounted on a plaque and will be displayed with Tillsonburg's other awards. John Finley, MP Oxford has also written to congratulate Tillsonburg for our environmental contribution through Action 21. Environment Canada will also be promoting Tillsonburg Total Recycling as a Canada's Healthy Neighbourhoods Success Story. 2. Tillsonburg Total Recycling 1995-1997 Video. This tape has seven different segments as aired on Rogers Community 5 since 1995. Copies of the video is being used to demonstrate the process and success of Total Recycling to other communities. 3. Meeting with Peter Preston, MPP Brant-Haldimand who is extremely interested in promoting Total Recycling in his riding and to the rest of Ontario and Canada., -Mr. Preston arranged a meeting with Norm Sterling, Minister of F V. e, MOEE to offer Total Recycling as a financial/environmental solution to the recycling funding problem Ontario is facing. 4. Meeting with Geoff Rathbone, VP of Corporations Supporting Recycling, to make him aware of the Total Recycling system, our successes and interest in promoting this system to Ontario/Canada. 5. Public Services has requested a meeting with Mr. Stephen Knowles, Clerk, Standing Committee on Environment and Sustainable Development, House of Commons, Ottawa, to discuss the Total Recycling System. 6. Public Services is no longer accepting metal/ceramic waste from Vesuvius Canada at Site #2 (Hwy #19 South). Public Services had been acting as End User of this material, crushing and recycling it, ensuring that it did not go into landfill. 7. M. C. Cowan represented Tillsonburg for Township of Adjala-Tosorontio (Simcoe County) tour of TCR Environmental Corp. 22 9..2 Public Services Committee Recycling Report, February Page 2 8. 1998 Pitch -In Canada Week, May 4-10. Public Services encourages all Tillsonburg schools, businesses and community groups to take some time to bag up litter and abandoned garbage around town. Public Services has written to Pitch -In Canada regarding their free bag offer. It is not known how many bags they will send. 9. Town of Markham has sent their Model Community Demonstration Project Final Report 1996, covering many aspects of waste reduction including wet/dry collection vs. more common recycling systems. Apparently, Markham's volunteer communities took well to the wet/dry system. Both Volumes combined total over 200 pages. Very extensive and very expensive, considering Tillsonburg's own simple, inexpensive two-week pilot project prior to the commencement of Total Recycling in December 1995. 10. With the assistance of the recycling collection staff, Public Services is notifying people not using clear blue bags that they are requested to comply with the wet/dry system. Each household not complying will receive up to 3rd Notice, at that time it may be decided that unsorted recyclables will be left at the curb. One person the notice was sent to called for more information, concerned that "everything is getting squished in the truck." Once the collection and processing system was explained, she enthusiastically agreed to comply. 11. Contacted Zellers stock manager re: no blue bags in the garbage bag aisle. There have been no blue bags on stock for several months, just kitchen catchers and black bags. As a prominent business in the Town of Tillsonburg, Zellers should be making more of an effort to support its Tillsonburg customers. This situation will be monitored. 23 1W Minutes of the Tillsonburg Transit Advisory Committee meeting held February 19th, 1998, at 3:30 P.M., at 20 Spruce Street, Tillsonburg, Ontario. MEMBERS PRESENT Eric Barwell Muriel Mann Micheal Cerna Councillor Gayle Leachman Councillor Bob Smith Councillor Dave Beres ADMINISTRATION Mike Graves, Administrative Assistant Mark Cowan, Director GUESTS Donna Clark, Operator Councillor C. Rosehart Chairman of Public Services D. Beres welcomed the new Transit Advisory Committee of Public Services and called for nominations for Chairperson. Moved by Councillor G. Leachman, seconded by M. Mann that E. Barwell be nominated as Chairman of the Tillsonburg Transit Advisory Committee. CARRIED Chairman E. Barwell assumed the Chair and called for nominations of Vice -Chairperson. Moved by Councillor D. Beres, seconded by M. Cerna that Councillor B. Smith be nominated as Vice Chairman of the Tillsonburg Transit Committee. CARRIED ADOPTION OF AGENDA Moved by Vice Chairman B. Smith, seconded by Councillor D. Beres the adoption of the agenda. CARRIED ADOPTION OF MINUTES - NOVEMBER 27, 1997 Moved by Councillor D. Beres, seconded by M. Cerna the adoption of the minutes of the meeting held November 27th, 1997. 1 24 CARRIED ...2 v TRANSIT ADVISORY COMMITTEE FEBRUARY 19, 1998 PAGE TWO BUSINESS ARISING FROM MINUTES Discussion on Item No. 2 - Advertising Policy. (Political Nature) Staff direction that Public Services review advertising policies of other Municipalities and bring forward at the next meeting for review of the Committee. ITEMS 1) MEMBERSHIP TO TRANSIT Moved by Vice -Chairman B. Smith, seconded by Councillor G. Leachman that the Transit Committee recommend to Public Services that membership be extended to include representatives from Tillsonburg District Memorial Hospital, Tillsonburg Multi Service Centre and Tillsonburg & District Association for Community Living. 2) BUDGET Committee Members reviewed the proposed Transit Budget and received it as information. 3) ADVERTISING SPACE ON BUS Moved by Vice -Chairman B. Smith, seconded by Councillor D. Beres that the report from M. Graves to the Director be received and filed. CARRIED 4) MULTI -SERVICE REQUEST FOR ADVERTISING Staff direction that contact be made with the Multi -Service Centre to arrange advertising. 5) SAATCHI & SAATCHI - REQUEST FOR THEM TO ADVERTISE Received as information. 6) RIDERSHIP - AVERAGE MONTHLY Members reviewed statistics for 1996 and 1997 and reviewed the new reporting forms. Received as information. 1 25 ...3 u K TRANSIT ADVISORY COMMITTEE FEBRUARY 19, 1998 PAGE THREE 7) BUS REPAIRS Members were informed of the mechanical repairs being made to the bus. The bus should be in service by Monday, February 23rd, 1998. Preventative maintenance will begin immediately to reduce major breakdowns and reduce rental bus charges. 8A) BUS ROUTES - TOWN MAPS Moved by M. Cerna, seconded by Councillor D. Beres that Transit recommend that the bus routes be placed on the Town maps at a approximate cost of $1,000.00 which will produce 5,500 maps. CARRIED 8B) BUS ROUTES Information - Stand up signs are presently being manufactured. 9) EXISTING DECALS ON BUS Staff direction to contact all clubs, etc. to determine their wishes to continue to have their organization recognized on the bus. 10) NEVADA OUTLETS Staff direction to investigate alternative outlets to be reviewed by the Committee at their next meeting. 11) MEETING DATES Members agreed that the Tillsonburg Transit Advisory Committee would meet for the time being, the third of each month at 4:30 P.M. at Public Services, 20 Spruce Street. ROUND TABLE 1) AGENDA Members requested the following items be on the next agenda for further discussion. A) CHRISTMAS & SATURDAY OPERATIONS B) C.T.A.P. - HAVE COPIES CIRCULATED C) HOME & RECREATION - APRIL D) PRIVATE RENTAL E) NEW PASS STRUCTURE - CHILDREN UNDER 5 ...4 } 26 4 TRANSIT ADVISORY COMMITTEE FEBRUARY 19, 1998 PAGE FOUR 2) ASSISTANCE The Director advised all present that this is a learning curve at Public Services and any assistance would be greatly appreciated. Also, any question please contact the Public Services office. Meeting Adjourned Neat meeting March 19th, 1998 at 4:30 P.M., Public Services, 20 Spruce Street, Tillsonburg. Minutes prepared by Director M. Cowan. For errors or ommissions please contact this office. 1 27 FIRE MAR/98 THE CORPORATION OF THE TOWN OF TILLSONBURG FIRE COMMITTEE MEETING - 2 MARCH 98 MINUTES Minutes of the Fire Committee Meeting held March 5, 1997, 4:30 p.m. at the Tillsonburg Fire Station. Present: Chairman: Members: Staff: Also present: Order of Business: A) Minutes Gayle Leachman Deputy Mayor Horton, Councillor Lamb, Councillor Molnar Fire Chief Eden Deputy Fire Chief Parsons Councillor Rosehart Moved by Councillor Lamb and, Seconded by Councillor Molnar AND RESOLVED THAT "The minutes of the Fire Committee meeting dated January 5, 1998 be received and approved." Carried.... B) Agenda Moved by Deputy Mayor Horton and, Seconded by Councillor Molnar AND RESOLVED THAT " The agenda for the fire Committee meeting of March 5,1998 be adopted as printed and circulated." Carried.... C) Business arising Responding to a query with respect to the $400.00 costs to deliver the loaner aerial truck to Tillsonburg, Chief Eden reported that he will meet with the individual who brokered the replacement loaner later this week. Chief Eden is continuing to negotiate at the Corporate level to obtain the said rebate. .....2 w -2 - Responding to a query with respect to the status of the Otterwood Tire site, Chief Eden reported that the remainder of the cleanup on the property is in the hands of the Clerk administrator. Further the chief indicated that he has sworn an information against the Owner of the property for Fire code violations related to the improper storage of tires within the building. Subsequent to a previous discussion with respect to receiving a donation of a portable sign to use for Public education activities, and obtaining the necessary clarification and approval to use said sign, Staff were directed to forward a letter of Thanks to the Donor as well as obtaining Council recognition for the generous donation. D) Items for Discussion 1. Master Plan (see attached proposal February 5, 1998) Members of the Committee discussed the merits of a Fire Department Master Plan. After reviewing the many advantages as outlined in the Staff Proposal it was Moved by Deputy Mayor Horton and, Seconded by Councillor Molnar AND RESOLVED THAT "The Fire Committee recommend to Council that the Fire Department Staff be authorized to proceed with organizing the planning effort and to bring forward recommendations for first a method to establish an advisory committee with public representation and secondly a planning schedule." ( steps #4 & #5 of the proposed methodology) Carried.... 2. Fee Schedule Revisions As requested, Staff brought forward recommendations with respect to Schedule "C" of By -Law 2760, a By -Law setting fees for certain Municipal applications, services and permits (25 March 96). After considerable review Members of the Fire Committee requested additional information and suggested comparisons be made with Communities within Oxford County and Others of similar size. The item was then deferred and Staff was requested to report to the Committee at the next meeting. ...3 .29 -3- 3. Fire prevention Vehicle (Recommendation Chief February 17,1998 & Deputy February 16, 1998 - both attached) Moved by Deputy Mayor Horton and, Seconded by Councillor Molnar AND RESOLVED THAT "Fire committee recommend to Council to accept the offer of Degroote-Hill Pontiac, Buick, GMC LTD., with respect to a donation of a used vehicle for the use of the Fire Department as a Fire Prevention / Public Education unit, subject to first investigating if other local Automotive dealers are interested in supplying a donated vehicle." Carried... 4. Budget Reductions ( see a summary report 1998 Budget February 17,1998 attached) Chief Eden suggested further savings to the above noted report could be found in: A. Reduction of Deputy Chief s car allowance conditional to his report and recommendations. $1500.00 B. Reduction of Part Time Salaries and Benefits. Not replacing the existing vacancy on the Roster, thus maintaining a Compliment of 24 Volunteers $2500.00 Deputy Mayor Horton suggested that a further reduction of the 1998 Budget may have to be made in the amount planned for reserves, and further if there was a favourable outcome due to increased assessment over 1997 or if there were better times ahead. those funds could be returned for the purpose of the parking lot reserve. The Committee agreed resulting in: C. Reduction of 1998 Reserves thus potentially deferring the resurfacing of the Parking Lot. $5000.00 Moved by Councillor Lamb and, Seconded by Councillor Molnar AND RESOLVED THAT "Fire Committee recommend to Council that the Fire Department's 1998 Budget be reduced by $9,000.00 in accordance with the target established by Council. Specific account reductions are as follows: Acct.# 192 - 42 (Car Allowance) $1500.00; Acct.# 106 - 42 (Volunteer Salaries and wages) $2500.00; and Acct. # 775 - 41 (Provisions for Reserves) $5000.00." Carried... 5. Activity Reports - A Review Staff and Members of the Committee discussed the merits continuing with the Monthly Activity reporting by the Fire Chief and the Deputy Fire Chief. The result was a Staff Direction to report as needed to the Committee on matters of significance and on matters which are unusual with respect to normal Activities. The Department is to continue with regular reporting of the status of Fire Safety Inspections. ...4 SO IKE 6. Annual Report (enclosed) Members of the Fire Committee reviewed the Department's Annual Fire report. Fire Chief Eden highlighted the Summary Alarm Analysis, commenting on the significance of the dramatic decrease in Fires responded to by the Department and the fact that the dollar loss statistic was a noticeable improvement over previous years. The Chief further expressed his opinion of the correlation of these improved statistics with the Department's commitment to Fire Prevention and Public Education Programs. Members of the Fire Committee expressed their agreement with the Chief, and offered a verbal commendation to all of the Staff for their continuing efforts in minimizing loss to the Community. E) Fire Reports - January & February, 1998 ( attached) Moved by Deputy Mayor Horton and, Seconded by Councillor Molnar AND RESOLVED THAT "The Fire Report for the Months of January and February 1998 Be Received and Filed." Carried... F) Activity Reports The Deputy fire Chief gave a brief verbal report with a hand out regarding the "Public Fire and Life Safety Educator's Course" which he has recently undertaken. Moved by Deputy Mayor Horton and, Seconded by Councillor Lamb AND RESOLVED THAT " The Fire Committee Meeting of March 2, 1998, be adjourned.' Carried... 31 TILLSONBURG FIRE DEPARTMENT 80 CONCESSION STREET EAST, TILLSONBURG, ONTARIO N4G 4Z8 Cm F : K.A. EDEN �=l (519) 842-2905 FAx (519) 842-5528 DEI'UJY CHII-F: H.M. PAWSONS February 5, 1998 The Fire Committee, Town of Tillsonburg REF: FIRE DEPARTMENT MASTER PLAN As mentioned at the Fire Committee meeting of January 5, 1998, one of the projects that we wanted to bring to you for consideration was the preparation of a long range or Master Plan for the department. The steps we propose to follow are: 1) Determine the need for such a plan. 2) Obtain councils's approval to prepare it. 3) Organize the planning effort. 4) Establish an advisory committee with public representation. 5) Determine the planning schedule. 6) Prepare the plan and 7) Present the plan to cou^cil for adoption. The undersigned met to evaluate the need for a Master Plan. We considered the Existing planning situation which is basically the Fives Year Capital forecast and an infori-nal annual plan prepared by the Chief and Deputy. We then considered reasons to prepare a Master Plan. We felt that there were numerous advantages to having a plan in place including: • Fire protection and prevention is now a mandated service under the Fire Protection and Prevention Act (O. Reg 388197). • No plan is now in place. • We want to be able to operate with volunteer firefighters for as long as possible. • We want to identify and become pro active to community needs. • The capital plan does not adequately address new plans and changes. • To reduce loss to life and property. • To improve fire prevention and fire protection services. • To control expenses. • To establish interagency fire pro:ect;on policies, procedures and responsibilities. • To establish fire protection requirements in community development plans. • To evaluate innovations in fire protection. 32 "PARTNERS IN PUBLIC SAFETY" Based on the above factors and comparisons, we felt there was a need to develop a Master Ilan for the Fire Department and the Corporation. We then considered a methodology to prepare a Master Plan with a format developed by Henson College of Dalhousie University being brought forward for discussion. After review, it was evident that it was very similar to that used in the development of other Strategic Plans adopted by the Town. We therefore felt that this model should be used by the fire department, with modifications as necessary to suit the local situation. We felt that any plan would have to consider possible changes to our services, service area and/or responsibilities and should Include representation from various local gi uups and residents during the preparation process. - : The -development'of a Master Plan will Involve considerable time and, while there should be minimal direct cost to us, there will be staff time for representatives involved in the process. Based on previous plans we felt that it would probably take about twelve months to have a report ready for council. • STAFF -RECOMMENDATION:. Based on. the above analysis we are recommending that a Master Plan be prepared for the Fire Department and further recommend that the Fire Committee -take this proposal to Council for approval. R pe ully, Kerr -Eden David Morris Fran Bell Fire Chief: Clerk Administrator Economic Development Officer 33 TILL SONBURG FIRE DEPARTMENT 80 CONCESSION STREET EAST, TILLSONBURG, ONTARIO N4G 4Z8 CHIEF: K.A. EDEN 41 (519) 842-2905 FAx (519) 842-5528 DEPUTY CHIEF: R.M. PARSONS February 18, 1998 The Fire Committee, Tillsonburg Fire Department Tillsonburg, Ontario REF: USER FEES UNDER BY-LAW #2760 We are attaching revisions and an update to Schedule "C" of the above By-law for your consideration. We have reviewed similar charges in other jurisdictions and feel that the changes are in line with them and reflect the services that we provide. We have also become aware of other departments who have raised considerable funds outside of taxation, the most interesting being Windsor. They fund the entire operation of their Fire Prevention Division including salaries, vehicles, a $20,000 training fund and a $10,000 retainer for a Fire Engineering consultant with a 10% surcharge on all Building Permits fees. While we certainly cannot match these figures, nor do we need them, it is an idea that could be worth pursuing locally. Other ideas and suggestions would also be welcome. Staff Recommendation: We recommend that the attached fee structure replace the existing Schedule "C" of By -Law #2760. We further recommend that a portion of all Building Permit fees be used to fund and promote Fire Prevention and Public Education programs In the Tillsonburg Fire Department. Respectfully, Ken Eden, Fire Chief 34 "PARTNERS IN PUBLIC SAFETY" SCHEDULE "C" to By -Law # 2760 (all fees subject to applicable taxes) Copy of Fire Report File search for outstanding orders Fire Code inspections Recharging SCBA Preventable false alarms Industrial training Spills & hazardous materials incidents Automotive gas leaks Rental of training room Carbon monoxide investigations Fire watch MVA on King's Highway $50 / report $50 / report $50 / hour incl. office time (Min. charge 2 hours) Q $5 / bottle - Fire depts ii) $10 / bottle - All other users iii) Annual contract based on useage $250 for 3rd. such alarm in cal. year plus $50 additional per additional alarm to a maximun of $750 / cal. year. $75 / hour after 2 hours $150 / hr / truck plus Bost of material plus $10 / hr / man. i) Minor - $250 plus cost of material ii) Large - same as haz. materials $50 / day or $25 / evening i) $50 / hr. if no CO present (50% to firefighter) ii) No charge if CO present $40 / hr / man, min. 2 men (50% to firefighter) MOT rates Fees may be altered or additional fees charged at the discretion of the Fire Chief. 1 35 TIL L S ONB UR G FIRE DEPARTMENT 80 CONCESSION STREET EAST, TiLLSONBURG, ONTARIO N4G 4Z8 CHIEF: K.A. EDEN 4b (519) 842-2905 FAx (519) 842-5528 Dumy y CHIEF: R.M. PARSONS February 1 i, 1998 The Fire Committee, Town of Tillsonburg, Tillsonburg, Ontario REF: CAR ALLOWANCE (54051-192-42) We have received an offer for the supply of a vehicle to be used for Fire Prevention and Public Education work. Attached is a memo from Deputy Chief Parsons with the details and related cost implications, which represent a $1500 saving to the Fire Department, for your consideration. While this is an attractive proposal I feel that it is critical that Committee and Council agree to renegotiate the car allowance should this vehicle not be replaced at a future date. I think this is a reasonable request and am confident that we will be able to continue to have a Fire Prevention vehicle in service but am not willing to give up the need for a car allowance should this not be possible. STAFF RECOMMENDATION: I recommend that we accept the offer of the vehicle proposed by DeGroote -Hill Pontiac Buick GMC Ltd, Norwich, Ontario as outlined in the February 16, 1998 memo fr Deputy Chief Bob Parsons. Res ully, l� K n F,.dn, Fire Chief 36 "PARTNERS IN PUBLIC SAFETY" 6 Memo To: Ken Eden, Fire Chief From: Bob Parsons, Deputy Fire Chief Date: February 16, 1998 Subject: Car Allowance Acct. # 54.05.1.192-42 As previously discussed with yourself and mentioned to members of the Dire Committee, a Vehicle has been offered to this Office to use as a "Fire Prevention" unit, by a local Dealer. De Groote -Mill Pontiac Buick GMC Ltd. of Norwich has offered at no charge (lie use of a 1995 Sunrunner (trackerl for a period of two years. The specifications and depreciated value of the vehicle are attached for your further review. However I have taken the liberty of preparing a budget impact of accepting this generous offer by Degroote-Hill. Further, I ani pleased to submit this initiative as a cost management proposal. Vehicle capital cost n/c Equipment - logo/lettering 300.00 Licence 80.00 Insurance 450.00 Fuel & oil 900.00 Vehicle repairs & service 400.00 Total $2130.00 Less: Existing Car Allow. (1998 budget) $3630.00 Net: Savings1$ 500.00 While there is no guarantee that this represents permanent savings, it is a step in the right direction. I believe the type of community exposure this vehicle will have will ensure a similar agreement at the end of this two year term. I have indicated to Mr. De Groote and Mr. Hill that, subject to Council's approval this vehicle will be cheerfully signed and decaled with community friendly artwork such as " 5parky says.... ( a caption with a public safety message that will he changed regularly)." Since this proposal impacts the current agreement of employment 1 have with the Corporation with respect to the above annual car allowance, I wish to have our agreement amended with a letter of intent recognizing that the car allowance is to be renegotiated when upon such time that a vehicle is not either donated or supplied. I have discussed this with Mr. Morris and lie suggests that this would be possible. 31 Page 2 of 2 I also respectfully request that in recognition of this demonstrated commitment to continuous improvement and cost efficiency that the $500.00 removed from the "Fire Prevention- budget (acct.# 54.05.1.326-41), at the Fire Committee level be returned to it bringing the total ol, that account back to $3500.00 Delivery of the donated vehicle is anticipated for April - May or as soon as the; vehicle arrives which is replacing the Sunrunner. Respectfully, cc. Councillor G Leachman w UYl1:3%v5 1U:55 'il'S19 •!itis :SU:Sl Uh6HUUlL—UILL "'J1 Ann 'ONTIAC r �'a� X5].9) 4t3U31 ' -B x,60°x,:•Mgh a� :59 rlorwi ut rx�a N T 1P�f1 _ .i'_0. = F EEf = II�6 W F01M. VEHICLE I tAiSD�K :S • ... MORS OF CAINA LUM 1495 SUi 1.458 @.CSFE.••5AR aRll� . ' - WFA00, ?74 Vlit 2C68J185 56926 99:. DRf}ER Kim* _ .10M. COOE DATE 0i/l4`­/95.;.- Ku,.- HCQ�. a FALARY. OPUM ' ' GJl � ,�, ��flidr c,:� " • ' pr. � l� 1° '; TJ10361. S4&WM. AND CON�fERTW "DST' FRW ANA REAR FLUUR.-MTS ' ' 15 .00 1r* 33:00 BS4'-BMY SIDE.; AfiULDht6S' . LOI I GS- liFi' L 4EHCIl+EE 84af0 we ' ; r _ � � ,� 040 rA/�" AXI.3=SEED: AIiTO'iATIC iRAt�t�SS .°894 -STEERING• - - .. 800,600.._ �• 340.0 _��/� O,JiC� �"N� 171 nF4u�tt:nruo= CRmrr R4Y .:PRIM''PROZECT�'t • ate :.%'. we : , iYL �,G .,, G'D D/ l �/. D .� G� L' •'STEREO lLO : RADIO RI(M ETR' JU. 575:00 .. p c.�f A-1 irr � t� c'�- •, - . � I -A. PREFERRED •ESUIP1fM GRGUPR . 10T. !#I1E: TOP' WC., . . titl.d !G./� /� � ' it A.& �i�a/�.�� l .I6iia03liE •23C.DARK• GRA Y :"ZRDI .DEMO .- .. .. _ - .. • - . !!!C �� /�%.� • ,,,� '���9!�S= lr �lG HTO GMM PRIGS PROTECTED - 'OMER•DATE 11!0'/94 ��. 'e 0c;4 ersfe* SHIP.- TO PEACE R•R.1, Imo• ; X. t t :. _: G•C�S' T.5" /��3i2 �"�i0� rite �`.�G tIUf�EI: Ai�D ,DPIQN.l1TAL . 17905.04' 'A�'/''� DESTI�iAT2QR CHARM` .. ' DEALER'1ai[�6 AS50CTATItN1 12 ' .500.00. ,• O..04 !� �tJ ,r if :Q��,�j �' rte•. t ' TOTAL' TO VE • IAVUCED 17905.00: Lam • a IMS :TAX GRAM. TOTAL ! 39 TILLSONBURG FIRE DEPARTMENT__ 80 CONCESSION STREET EAST, TILLSONBURG, ONTARIO N413 4Z8 CMF I : K.A. Fuc N (519) 842-2905 FAx (519) 842-5528 DEPUTY C 1 I Il_ F . R.M. PMISONS 4�D February 17, 1998 Councillor Gayle Leachman, Chairman, Tillsonburg Fire Committee, Tillsonburg, Ontario REF: 1998 BUDGET When we submitted and discussed our 1998 budget I indicated that there were no "fat" or throwaway items in the submission. I simply do not believe in submitting inflated numbers in order to be able to make the targets by having some items that were not really needed to throw away. What was submitted is what was needed to operate the department and maintain service levels. On the surface the requested 2% or $9000 reduction does not seem onerous from a total budget of approximately $450,000. 1 would like to point out however, that we do not control the majority of the budget with the following items making up what I refer to as discretionary spending (items we may choose to purchase): 1) Fire Prevention $3000 2) Office equipment $2500 3) Subsc. & Memberships $1000 4) Books $1000 5) Conferences $2000 6) Cont. Ed. (Admin) $ 500 7) Cont. Ed. (Firefighters) $2000 8) Training supplies $1000 9) Firefighting equip. $12,000 ( $5460 is for the new aerial truck) Total $25,000 Since we cannot cut items such as dispatching fees, heat, light, taxes and snow removal, we have to cut the $9000 from discretionary spending. Thus, instead of a 2% 40 "PARTNERS 1N PUBLIC SAFETY" reduction we are really being asked for 36% reduction because it has to come not from $450,000 but $25,000. This simply cannot be done without a serious reduction in service and/or compromising operational safety on the emergency ground. I would like to remind Council that, as pointed out to them at the time, Bill 84, the Fire Protection and Prevention Act, came into force November 21, 1997. This, among other things, changed the responsibilities for fire service by mandating a municipality to provide fire prevention, public education and training in addition to making fire suppression a mandatory service. Also, the Occupational Health and Safety Act and Worker's Compensation Acts require us to train and equip our firefighters to a standard which allows them to do their job safely. To shirk any of the above would, in my opinion, be poor risk management and expose the Corporation in the event of an accident or loss. We do not feel that we can reduce the discretionary spending below what is now in the budget and are prepared to discuss this with you or the Fire Committee at any time. We fully understand what is occurring but we have no room left to move. Re e u Ily, Ken en, Fire Chief 4i FIRE 03/98 DATE TIME LOCATION DESCRIPTION # MEN MAN HRS. RESP. TIME 101 12:11 43 Rolph Smoke smell 15 15 06 06 22:08 Oxford St. Car fire 13 13 03 07 08:25 Lisgar Ave. Car fire 9 9 04 16 06:41 50 Clearview Fire in dust collector 16 32 09 18 00:58 5 Lamer Court Fire in garbage bin 14 14 06 21 21:21 25 Tillson Ave. Report of smoke 13 13 05 23 02:51 10 Rouse Alarm malfunction 11 11 10 25 19:09 Consc. & 6'way Car fire 10 10 05 25 19:55 191 Lisgar Arson fire in building 12 12 04 31 13:35 Zellers Porcelan throne- arson 7 7 06 Total calls January 1998 10 Total man hours Jan. 1998 136 Total calls January 1997 9 Total man hours Jan. 1997 140 Total calls YTD 98 10 Total calls YTD 97 9 42 FIRE 03198 DATE TIME LOCATION DESCRIPTION # MEN MAN RESP. HRS. TIME 02 12:16 14 Beckett Car fire 15 15 06 17 21:27 116 Rolph. Chimney 17 17 04 Total calls February 1998 2 Total man hours Feb. 1998 33 Total calls February 1997 5 Total man hours Feb. 1997 73 Total calls YTD 98 12 Total calls YTD 97 14 43 P In addition to regular administrative duties and emergency responses, the following is a list of activities for the month of January,, 1998. Jan. 8 Department training 12 Met with Fire Marshal re Otterwood Inspected Otterwood site 13 Met with the new Chief from Bayham 20 Budget meeting 21 Met with Clerk Administrator & Economic Development Officer re Master Panning 22 Department training 27 Met with the Fire Committee Chairman Budget meeting 30 Sold old aerial truck 44 A i ■ I I =1I VA rfa4:10i In addition to regular administrative duties and emergency responses, the following is a list of activities for the month of February 1998. Feb. 5 Officers meeting Met with Treasurer re budget 6 Met with Corporate Services Inspected Otterwood site 11 Prepared Information and Summons for Otterwood 12 Woodstock to get Information sworn 16 Windsor for Fire Code training 17 Met with Fire Committee Chairman re budget and agenda Oxford County Chiefs meeting - Woodstock 18 Department Head meeting Met with a citizen previously involved in a car accident. 25 Court re Otterwood Tire 45 FIRE 11197 DEPUTY FIRE CHIEF'S ACTIVITY REPORT FOR THE MONTHS OF JANUARY & FEBRUARY, 1998. In addition to regular administrative duties and emergency responses the following is a list of activities performed by the Deputy Fire Chief: QeBeral time alloeatioB throe, tout Januarr! • IBspeetions and reportsBospital &Nursinghome • ABBY&Budget • Beviewpreviousyearsstatisties • CompanyrestrueturiBg • Promoti0=1 Criteria Afodeftgr Jan 2 Investigate Arson Fire from New Years Day Jan 3 TAPP-C in-home Consultation Jan 5 Fire Committee Meeting Jan 7 Investigate two separate vehicle fires TAPP-C consultation Jan 8 Departmental Training Jan 12 Council Meeting Jan 13 Otterwood Tire inspection with a Senoir Supervisor OFM and Chief Eden Jan 14 Sonbeam Day Care Centre - fire safety planning Jan 16 Met with new Firefighter John Lanthier re: Operation Guidelines Jan 20 & 23 Maple Lane School Bridges Program" Jan 21 Elgin fire Prevention Officers Association Jan 22 Departmental Training Jan 23 Oxford County Housing Authority - 3buildings Board of Management Avondale Church Jan 27 Budget meeting - Fire committee and Treasurer y T Jan 28 Met with a potential builder of the Fire Safety House. a Y Jan 29 Prepare 1969 Aerial Truck for Sale and Pick up Jan 30 Met with property Manager of the 3 Oxford County Housing Authority. Gweral time ayocatft tbro00utFebruary 4 • Fire inspections aad reports PublieAssemblyB& ldings Church Bays 4 • TrainiBg 8 • SpeciBcations, quotations, logistics Fire Safety8ouse 0 • ABBuaI Report 0 • CoB&z BgEducatioB OBtario Fire College Feb 5 Officers Meeting Feb 6 Budget Meeting - Council Feb 10 Meeting Board of Management St. Paul's Church Feb 12 Departmental Training Feb 12 -14 Policy Development - Portable fire extinguisher 0 Maintenance Feb 17 St. Mary's Church - Fire Safety Planning Feb 19 Meeting with Otterville Fire Department Feb 22 - 26 Certification course "Public Fire and Life Safety Educator" 1 Ontario Fire College, Gravenhurst 2 TILLSONBURG FIRE DEPARTMENT 0 DEPUTY CHIEF'S ACTIVITY REPORT 2 January - February 1998 THIS MONTHS YEAR INSPECTIONS RE -INSPECTIONS TOTALS TO DATE Assembly 4 Assembly 4 8 8 Institutional 0 Institutional 0 0 0 Residential 6 Residential 4 9 9 Business & Personal Services 0 Business & Personal Services 0 0 0 Mercantile 0 Mercantile 1 1 1 Industrial 2 Industrial 0 2 2 TOTAL 11 TOTALS 1 9 1 20 1 20 2 4/ Ir'r i' //<' . ® Federation of Canadian Municipalities Federation canadienne des municipalites February 12, 1998 His Worship Mayor Cam McKnight Town of Tillsonburg 101-200 Broadway Tillsonburg, Ontario Councillor Bryon Wilfen N4G 5A7 Richmond Hill, Ontario president Dear Mayor McKnight: President Deputy Mayor Jae Eadie During FCM's annual conference in Ottawa -Carleton last June, Winnipeg, Manitoba delegates discussed the future role of municipal government and concurred First vice-Prtsiesthat new "terms of reference" are needed to provide municipal governments Premier vice-presidident sufficient autonomy, powers and resources to deal with the increasingly Maim suppleant Claude Cantin wide range of matters before them. Since then, agreement has been Quebec (Qu6bec) received from provincial and territorial municipal associations that the Dcuxieme vice-presidenr Second vice -President attached resolution should be widely circulated among municipal governments. Mayor Leopold Bellivean Moncton, New Brunswick The municipalorder of government is closest to the people. It sees Third Vice -President Troisicme vice-prEsident local needs first hand and is constantly exposed to the pressures of public expectations. Regrettably, its responsibility to provide good government Mayor John t.es is often impeded by inadequate or outdated enabling legislation. Chillisvack, British Columbia Past President president sortaut In recent years, there has been increased devolution of duties and responsibilities from federal and provincial/territorial governments to Jamesis Knight municipal governments. These changes are often driven by fiscal concerns, Executive Director Directeur general without adequate consideration of the inter -governmental relationships needed to deliver the public services involved. As their range of responsibilities grows, municipal governments must be better equipped to deal with demands for public servicos without hindrance or intervention by other orders of government. Although FCM supports the recognition of municipal governments in the Canadian Constitution, we know this cannot happen without provincial support. The principles involved, however, can be addressed through provinciallterritorial legislation. Such legislation, acknowledging municipal roles and responsibilities, would serve as a precursor to formal recognition under the Constitution. /2 48 ® 24, or Clarence home[, Otta613) 24 Ontario aa/ 5P3 Telephone/TEIEphone: (6l3) 241-5221 • Fu/TelEcopieur: (613) 241-7440 International Office/Bureau intentational: Telephone/TEIEphone: (613) 241-8484 • Fax/Td6copieur. (613) 241-7117 f. -2- The pursuit of local government reform in Canada's provinces and territories is gaining momentum. The principles of local governance need- to eedto be acknowledged so that changes are well founded and sustainable. The attached model resolution is the result* of a sustained process of reflection and consultation. A copy _of FCM's policy statement entitled "Canada: A Community of Communities" is attached to explain further FCM's position. I ash that -your Council -review .the -model resolution and, if in agreement, give it your support; JE/MR:ler Encls. Yours sincerely, Jae Eadie President 1 49 MODEL RESOLUTION NEW TERMS OF REFERENCE FOR MUNICIPAL GOVERNMENT WHEREAS municipal governments are major public agents for providing services, programs and facilities to maintain and enhance the quality of life for all Canadians; and WHEREAS municipal governments require the powers to provide good government and services to local residents now and in the future; BE IT RESOLVED that every municipal government will, by way of provincialtterritorial legislation and eventual amendments to the Canadian constitution, 1. be an order of government, 2. be autonomous, 3. act on every matter within its financial competence that is not expressly excluded from its responsibility, 4. have adequate powers and financial and legal resources (a) to ensure good government and services locally, (b) to meet existing and future community needs, (c) to apply creative, innovative and entrepreneurial solutions, (d) which cannot be altered unilaterally by other orders of government, 5. require other orders of government to comply with the municipal government's validly exercised authority, 6. have access to alternative dispute resolution mechanisms to resolve harmoniously disputes with other orders of government through out of court facilities, 7. be accessible, democratic and accountable; 8. have discretion to refuse to take on what were previously responsibilities of other orders of government, or to agree to take on such responsibilities only in return for new financial or other resources in relation to these responsibilities. 50 FEDERATION OF CANADIAN MUNICIPALITIES 1997 POLICY STATEMENT CANADA: A COMMUNITY OF COMMUNITIES THE ROLE OF MUNICIPAL INSTITUTIONS, BEING THE GOVERNMENT NEAREST TO THE PEOPLE, HAS EXPANDED IN RESPONSE TO EVOLVING LOCAL NEEDS. NOW IS THE TIME TO PERMIT, RATHER THAN CONSTRAIN, MUNICIPAL GOVERNANCE. Municipal government is the bedrock on which Canadian democracy rests. Municipal councils are closest to the people and, more and more, are providing the public services and works that meet citizens' needs. Despite expectations on the part of local citizens that municipal institutions act as if they constituted a level of govemment, the Canadian constitution does not recognize municipalities as an order of government. As a consequence, municipal governments do not have adequate powers or resources to meet local needs or expectations. This can be resolved, in the short-term, by adjustments to existing provincial legislation. In the longterm, the role municipal governments already play in the nation's political and economic spheres will be reflected by recognition, with entrenchment of municipal powers, in the federal Constitution. Municipal Status In The Global Community The position of municipalities in the Canadian federal system is out of step with the rule of law and principles of law found in the intemational community. The lack of recognition powers and resources distinguishes Canadian municipalities from their counterparts in ancient and emerging civilizations. With the shrinking of the global community, the linking of cities, the rounds of global conferences and the international reach of the media, the deficiencies in the Canadian system have become starkly exposed. Throughout history, the cities of the world have been the cornerstone of society. The international community recognized this pivotal role of municipal government when convening the Second Global Conference on Human Settlements (Habitat 11) in June of 1996, in Istanbul, Turkey. For the first time in an international forum, municipal government was strongly represented through formal participation in national delegations. Also known as the City Summit, Habitat II established an international framework for building strong cities in the 21'd century by promoting policies that address critical urban issues and by affirming the need to afford municipal govemment the necessary legal and financial capacity to resolve pressing human settlement problems. The consensus of Habitat 11 was that the United Nations and others' objectives for sustainability in human settlements can only be implemented by municipal governments that have adequate legal and financial capacities. 51 2 The International Union of Local Authorities (IULA) and the European Economic Community (EEC) have recognized formally that municipalities must be able to exercise power in relation to any matter that is not expressly excluded from their competence or exclusively delegated to another entity. IULA and the EEC- also have recognized formally that municipal powers must be adequate to meet local needs and not be subject to adverse intervention by other orders of government. Although the quality of Canadian municipal government is recognized the world over, and the participation of Canada's municipal governments in the international community and the global economy is growing, the laws of the Canadian federal and provincial governments do not conform with the principles of Habitat II, IULA or the EEC. Shortcomings of Municipal Government Reform The pursuit of municipal government reform in Canada's provinces and territories is gaining serious momentum. Unfortunately, it seems driven by the fiscal concerns of other orders of government rather than the vision of empowered municipal government. It is reform by implication or inadvertence rather than by principle. Worse, it gives the impression of change, which could cause the parties most affected to relax in their pursuit of principles of local governance. Local authorities' concerns have been elevated by the widespread acceleration of federal and provincial/territorial delegation of duties and responsibilities to municipal governments (e.g., airports, ports, harbours, policing, health, welfare, highways, bridges, economic development, public transportation, affordable housing, environmental protection, etc.). The federal government is withdrawing from many hitherto urban policy and program areas. This has compromised the economic and social stability of many urban governments. This trend accompanies a rapid provincial devolution of financial responsibilities. The problem is that, with some exceptions, the withdrawal of other orders of government from municipal programs and the devolution of financial responsibilities has occurred without any vision with respect to the cooperation by the orders of government in the delivery of public services and without an adequate expansion of municipal government powers, resources and autonomy. Some provinces have taken steps to adjust their legislative regime to permit local self government. In January 1995, Alberta enacted the Municipal Govemment Act which gives municipalities "natural person" powers and broadly enables municipalities to exercise, in their discretion, a wide range of permissive powers (as opposed to a limited number of express powers, as found in the legislation of other provinces). The problems with the Alberta approach are that it does not amount to a fundamental change of the Alberta Constitution, there is no entrenchment of the municipal legislation (e.g., by way of an amending process), there is no commitment to consultation prior to future change, and many powers required provincial approvals. 52 3 In October 1996, Manitoba enacted the Munidpal Government Act The Manitoba legislation is less empowering than Alberta's. The Manitoba Act does not give municipal governments "natural person" powers. As a consequence, the Province can participate more in municipal affairs than in Alberta. Although the Manitoba legislation broadly enables municipalities to exercise their discretion by a wide range of permissive powers, the range is narrower in scope than is the case in Alberta. The Nova Scotia Municipal Legislation Review Committee released a discussion paper in June 1996 proposing new Munidpal Government Act The proposal would not ` give municipal governments natural person powers. Instead, it would continue to give municipalities a limited number of express powers, as opposed to broadly enabling municipalities to exercise a wide range of permissive powers. In September 1996, British Columbia executed a "Recognition Protocol" with the Union of British Columbia Municipalities (UBCM) to recognize municipalities in that province as an order of government. According to UBCM, however, the Province has unilaterally eliminated municipal grant guarantees, reduced grants, transferred major highway responsibilities and closed local courthouses without meaningful prior consultation with municipalities. On March 10, 1997 Ontario released a discussion paper outlining a new Munidpal Act.. The proposed legislation would give municipalities "natural person" powers and broadly enabling spheres of jurisdiction (e.g., public utilities). within those spheres, municipal governments could act or exercise powers from a comprehensive "tool kit" (e.g., expropriate) Historical Background The debate over the need for recognition of the status of municipal governments predates Confederation. Lord Durham, in his 1839 report, argued in favour of guaranteeing municipal institutions in the Canadian Constitution. Lord Durham's recommendations were never embodied in Canada's constitutional law. The Constitution Act, 1867, established the parameters of current federal and provincial relationships with municipal governments. Section 92 of the Act set out the exclusive powers of provincial legislatures in 16 areas, with Section 92(8) giving the legislature of each province exclusive responsibility for making laws relating to that province's municipal institutions. Other than in respect of Alberta's Municipal Government Act, the legislation of each province in relation to municipal institutions differs little from the 1849 Upper Canada Baldwin Act. The Act first established the role, function and structure of local authorities in municipalities. Now more than 80°x6 of Canadians live in municipalities. When the Baldwin Act was adopted, the principal municipal government issues were drunkenness and profanity, the running of cattle or poultry in public places, itinerant salesmen, the 53 4 repair and maintenance of local roads, and the prevention or abatement of noises and nuisances. Today, municipalities own and operate waste treatment plants, airports, telecommunications systems, hydroelectric plants and public transportation. They deal in everything from social programs to low income housing to toxic and waste remediation. In short, municipalities provide services never contemplated in 1849. These growing municipal duties and responsibilities are evolving in the face of legislation and structures that have not varied from a model anchored to the needs of the mid -1800s. For years municipal governments have criticized the institutional restrictions on their decision-making powers and ability to raise revenue. They have worked to simplify the complex intergovernmental matrix of shared responsibilities and resources in favour of transparency and accountability. Throughout the country, municipal governments have tried to find alternatives to the current system which would provide greater autonomy. In a number of provinces, municipal governments have engaged in exercises aimed at "disentangling" municipal responsibilities and revenue sources from the provinces. Through the Federation of Canadian Municipalities and in association with the Canadian Association of Municipal Administrators (CAMA), municipal governments have argued for explicit recognition of the essential role of municipal governments in the Canadian federal system. In 1991, FCM informed the federal government that the Charlottetown Accord, like the Meech Lake Accord, was deficient because it failed to acknowledge the existence and role of municipal governments in Canada's political system. In FCM's 1991 brief to the Special Joint Committee on a Renewed Canada, FCM advocated a two-pronged approach to recognition. First, municipalities would negotiate, through their provincial/territorial associations, a redefinition of their status under provincial law with their respective provincialAerritorial governments. Second, the Canadian Constitution would be amended to recognize the existence and role of municipalities of its policies. Though Prime Minister Pierre Elliot Trudeau agreed in 1978 to consider including municipal recognition in the Constitution, in 1991, provincial and federal -governments refused to add FCM's proposals to the already overcrowded constitutional agenda. The Charlottetown Accord was defeated in a national referendum. Principles Governing the Future Role of Municipal Government Canadians want governments to be responsible and efficient and they want to control their institutions. Canadians rightfully expect all orders of government to cooperate in the delivery of public services. Unless the role of municipalities in the Canadian political system is recognized, the quality of our democracy, the efficiency of our public services and the equitable treatment of taxpayers are all compromised. The international principles of local self government can be realized in Canada first by way of alterations to provincial legislation without amending the Canadian Constitution. The provinces, under the existing Constitution, have the power to expand the jurisdiction and capacity of municipal institutions, permit greater local autonomy force meaningful consultation and permit greater innovation. Provincial legislation consistent with the international principles of local self government will bring the law into conformity with the 54 5 reality of municipal governance. The process will also prepare the public and the provinces with respect to the most appropriate roles and responsibilities of municipal governments as we move in the direction of constitutional change. Municipalities will need the support of the public and the provinces (noting the constitutional amending formula) in order to have formal recognition, and entrenched powers, under the Canadian Constitution. Powers Required to Support the Future Role of Municipal Government FCM and CAMA have established a joint task force which asserts that good municipal government, by way of provinciaUterritorial legislation and eventual amendments to the Canadian Constitution, must have the capacity to: 1. act or exercise legislative and decision-making powers in relation to every matter that is not expressly excluded from its responsibility; 2. participate in decision-making by other orders of government which has local implications; 3. have full autonomy to exercise its decision-making powers to meet existing and future community needs; 4. have adequate financial and legal resources and permissive powers to provide good government and services locally; 5. have the discretion to respond in a areative, innovative and entrepreneurial manner to meet existing and future community needs; 6. protect institutional integrity so that one order of government cannot transfigure unilaterally municipal governments without the express consent of both the municipal governments and the local electorate, that proposed changes are necessary and will enhance municipal financial and administrative operations and the economic and social well-being of the community; and 7. that the next terms of reference for Municipal Government as presented at the Policy Forum of the FCM/CAMA Task Force on the Future Role of Municipal Government be referred to all provinaalfterritorial municipal associations for review within 30 to 45 days of the Annual Conference. The foregoing powers must be exclusive and not subject to change without an amending formula and they must be respected by other orders of government. .b'� 0 Recommendations: It is recommended that FCM approve this Policy Statement and work with the Canadian Association of Municipal Administrators, the provincial/territorial municipal associations and other organizations to: 1. strongly urge the federal government, and through provincial/territorial municipal associations the provincial/territorial governments, to recognize the need for an expanded partnership which would include municipal governments as a full partner in intergovernmental processes; 2. remind the federal government of the effects of its actions on municipal governments and urge the federal government to recognize and consult FCM as the vehicle through which municipal government viewpoints are expressed on national issues; 3. urge the federal government to consult municipal governments directly on federal policies and programs of local significance; 4. urge the provincial/territorial governments, through the provincial/territorial municipal associations, to negotiate a redefinition of the status of municipal governments as requested by provincial/territorial municipal associations, and to recognize such new arrangements in the provincialiterritorial constitutions; 5. urge the federal and provincial/territorial governments to recognize municipal government as an order of government in the Constitution of Canada; and 6. urge all Parliamentarians to recognize the essential role municipal governments play in the governance of Canada and to accept that such recognition is a prerequisite for the efficient delivery of quality public services and the equitable treatment of Canadian taxpayers by the federal government. Adopted at the 1997 FCM Annual Conference 56 Aseoctatlon f.°` No • • • .o 644 Ireland Road, Simcoe, Ontario N3Y 4K2 February 27, 1998 David Morris Clerk Administrator Town of Tillsonburg 200 Broadway 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Mr. Morris: TOWN OF TiLLSONSURG ECEIVE MAR 0 2 1998 FILE # REFERRED TO Phone: (519) 426-5000 Fax: (519) 426-5744 As discussed with you by telephone, I am writing to seek permission to sell raffle tickets in Tillsonburg at the Tobacco and Agricultural Trade Show, April 14 - 16, 1998. Our Lottery Licence (attached) was secured in Simcoe. The proceeds from this raffle of a "dream vacation" valued at $8,000, will support people with a developmental disability. Thank you for your support. Sincerely, Linda Newbery Resource Developer, NACL cc Rhonda Clarke-Bruyn, Executive Director Annie Oliver, Past.President I .5 T A United Way Member Agency Gaming Commission LotteryControl des M 0892Licence5 5 Commission jeux Licence de l zoew.�o Licensee (Full name and address including Postal Code) Titulalre de licence (Nom et adresse compl6te y compris le code postai) Norfolk Association 644 Ireland Road SIMCOE, Ontario MY Type of Lottery Scheme Genre de bterie Location/Lieu Municipality/Municipelit6 for Community Living U2 Raffle Township of Norfolk PORT ROWAN Specific date(s) of the lottery event(s) Date(s) spdcifique(s) de la bterie - Spec'rfic time(s) of the lottery event(s) Heure(s) spgcifique(s) de la bterie From/do TOM or merchandise or articles at equivalent market value. June 3, 1998 The licensee must observe all terms and conditions of this L'organisme autoris6 doit se conformer A toutes les 9:00 pm modalit6s dont 11 a convenu dans la demande de The conduct of this lottery scheme is restricted to the dates, licence. On dolt conduire la lotene selon les dates, Total value of all prizes in any lottery conducted under this La valeur totale des prix d'une loterie organisde en vertu licence not to exceed $ 8 , 000.00 In cash, de la prdsente licence ne dolt pas exckder $ or merchandise or articles at equivalent market value. en esp6ces ou une valeur dquivalente en nature. The licensee must observe all terms and conditions of this L'organisme autoris6 doit se conformer A toutes les licence as agreed to in its application. modalit6s dont 11 a convenu dans la demande de The conduct of this lottery scheme is restricted to the dates, licence. On dolt conduire la lotene selon les dates, hours and limits specified on this licence. heures et limites qui y sont indiqu6es. Special Terms and Conditions/Modalit6s spdclales One Draw of A Raffle Ticket for a Travel Gift Certificate. Date of Issue/Date de ddlivrance de la licence Feb. 26/98 Director. Gaming control Act101rec teur, Loi de la r6glementaaon des jeux Licence Fees/Droits - licence $ 240.00 $ Licensin Officer/Agent de d6livrance des licences pa"-� 04, . Not Transfemble/Non cessible 58 STATION ARTS CENTRE 41 MOM ST. W., MSON&YiG, 00W MG 5K Tillsonburg Town Council, Tillsonburg Municipal Office, 200 Broadway Street, Tillsonburg, Ontario. Dear Members of the Town Council: TOWN OF TILLSONSUAG ECI,:I E MAR 41998 FILE # REFERREI) TQ Feb. 24, 1998. On behalf of the Tillsonburg District Craft Guild, I would like to ask your permission to sell Break Open tickets at Covey's Family Restaurant and Motel located on Simcoe Street in Tillsonburg. The proceeds from sales will help fund the promotion of the Arts in addition to our educational programs within the community. Thank you for your consideration. I will look forward to your decision. VA/th 59 Sincerely, Station Arts Centre Co -Ordinator. SUPER 8 MOTEL -TILLSONBURG 92 Simcoe Street • Tillsonburg, Ontario,Canada N4G 2,11 • PHONE: 519-842-7366 • FAX: 519-a42-6176 February 25, 1998 Tillsonburg Town Council 200 Broadway Tillsonburg, ON N4G 5A7 RE: NEVADA TICKETS Dear Council: Covey Foods '_td, of Tillsonburg is applying to sell Nevada Tickets at to Lit, establishment. Covey Foods 'std. has been approached to sell the tickets. We have agreed and do have a place to sell the tickets. Since Ely3 i i t Mark S. Covey Covey Foods Lt OU Lik e -q atat4a 8 - This property is independently owned and operated pursuant to a franchise agreement with SUPER 8 MOTELS, INC. Gaming 2nd Floor Application to Manage and Conduct Control 1099 Bay St a Break Open Tlcket Lottery • Commission Toronto ON MSS 283 Domande de permis pour adminlstrer o"W" commission 24dtage et conduire une loterie de billets A fendires des 1099 rue Bay (Form NTL -A) jeux Toronto ON MSS 283 Identification Nu(Formula NTL -A) Grou imber GIN}_ i i We, the undersigned, as two principal officers of record of (name of organization) Las soussign6s qui sont deux principaux dirigeants de (nom de I'organisme) 115�nih 1 r4 �; h7>"�c:t r%'ry-{f (adresse) apply for a licence to manage and conduct a Break Open Ticket Lottery at the premises municipally known as font une domande de pormis pour adminbtrer at conduire une loterie de billets A "tres dans les locaux oonnus darts to municiPelit sous les nom de and situated in the municipality of ,�n 64 ►. , et spuds dans to municipalitr3 d / if a licence is granted, all tickets applied for wiU be sold only at (specify exact location within the above premises ). Si un penitis est d6livr6, tous les billets demand6s no seront vendus qu'A (spdcifier !'emplacement exact dans les locaux mentionn6s akjessus) `lll�t ['ti -chis / ' S t)j f 6I' t 1. The specific Charitable of Religious Objects or Purposes to which proceeds are to be donated are described as Les objectifs spbcifiques vis6S par les organismes de bier: ssance ou religieux at aux quels sont destin6s les rlecettes peuvent Etre d6crits comma Atant `� Cc9`I�Z�Y► (date) (date) (maximum six month period) (oenode de six mois au maximum). 7. The total number of units to be sold OL•-; oenc.d for which the application is made shall not exceed Le nombre total d'unitbs 6 vendre penoa-:.a oe •iooe couvene par la demande n'exckdera pas �} Units/Unitbs 61 (over) 0640 (0596) (voir au verso) 2. Type of Break Open Tickets to be sold (check one. Genre de billets A fen6tres qui seront vendus (cocher une case) Regular Nevada i-- Super N:•vada o% �3�yT% Junior Nevada — Nevada Junior `. Nevada normal t _ Super Nevada — 3. Description of Scheme Description du jeu (a) Number of Tickets per box/unit 3 Nombre de billets par boiteluni* _ (b) Price per ticket $ 5 ` $ Prix du billet _ (c) Gross Revenue per unit 1 to SAO $ Recettes brutes par unite (d) Total Prizes per unit 1 $ Montant total des prix par unit (e) Number of winning tickets per unit D /Y1 Nombre de billets gagnants par unitd - 4. The tickets referred to in this application form are man�;tacwted by (Name of Company) Les billets dont it est question dans tette demande seront imprim6s par (nom de la compagnie) and will be purchased from I r 4 /L)4 et seront achetes chez _n (Nance and Address of Distributor) �Qh ( �r I i (nom at adresse du distributeur) 5. Price per unit to 3 J �, re . j067' 6 S %) $ Prix par unit6 6. Ticket sales wiU commence on (date) and terminate on at se terminera to La vente des billets commencera le (date • (date) (date) (maximum six month period) (oenode de six mois au maximum). 7. The total number of units to be sold OL•-; oenc.d for which the application is made shall not exceed Le nombre total d'unitbs 6 vendre penoa-:.a oe •iooe couvene par la demande n'exckdera pas �} Units/Unitbs 61 (over) 0640 (0596) (voir au verso) Certificate Attestation We (name)nn and (name) / Nous soussign6s (nom) I /i Ani �n l7�)r,d f, of (nom) 6621-D1 (/J1�3719, of(organizatlon) ✓ de (organisme) 1/5en of (municipa(iy) of the County of de (municipafitdi 1 Lin br du comtd d (mak 7fi�U jointly and severally. hereby certify that: attestons collectivement et individueltement quo (1) We have knowledge of the matter herein set out, Nous aeons prix Connaissance des points sp4citi4s darts les pr4sentes, (2) We have read over this application. Nous avons lu la prilisente demande, (3)All facts stated and information fumished herein are true and correct, Taus les faits indiquAs et les renseignements foumis dans les prAsentes sont vdddques et exacts, (4) We are the holders of the offices with descriptive title as set out and appearing under our respective signatures below. Nous assumons les functions correspondant aux titres s0cifi4s sous nos signatures respectives ci-dessous. (S) We understand that it a licence is granted. Break Open Tickets may not be sold outside of the premises entered on the application and specified in the licence. Nous comprenons quo si un permis est accord4, les billets 6 tenblres ne pourront 4tre vendus quo dans les locaux inscrits sur la demande et spddfids sur le perosis. (6) We have read, and have in our possession, and agree to comply with, a statement of the Terms and Conditions under which the Break Open Ticket licence is issued. Nous avons lu 1'expos6 des conditions de d6livrance du permis de loterie de billets A fen6tres. nous le gardons on notre possession at nous observerons lesdites conditions, (7) We understand that this licence shall be valid during its effective period only so long as the terms and conditions to which such licence is subject have been complied with and that a breach of a term or condition may cause the licence to become null and void. Nous eompmnons bien que le permis ne sera vabde pendant la pdriode qu'il eouvrim quo dans la mesure oO ses conditions seront respect4es et que toute violation de ses conditions I'annulera Principal Officer Principal d' 'geant I Principal Officer I Principal dirigeant Signature ell Signature /d a �l /4 A)15 tt-TG V A -Q 4)G Name to full/Nom au complet i I � —7 C4- Title/Titre 3 C:) 64t- Address/Adresse iv s Bus. Phone/T61. off. c1 i Date/Data % ( �✓ ' /'.' Witness (sign) Signature du t6moin �i� �� ` i 62 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street Toronto ON M5G 2E5 (416) 585-7000 February 16, 1998 Dear Heads of Council Ministere des Affaires municipales et du Logement Bureau du ministre Ontario 777 rue Bay Toronto ON M5G 2E5 (416) 585-7000 I am writing to inform you that in recognition of the fact that on January 1, 1998, municipalities assumed the provincial share of fimding for social housing, they will now be given increased opportunities to participate in the decision-making of local housing authority a HA) boards. As you kaow, LHA's are responsible for the. management of public housing projects across the province. They are managed by boards of directors made up of volunteer members from local communities. The boards are agents of the Ontario Housing Corporation (OHC), reporting to and receiving fimding and direction through the OHC. board. In current practice, municipalities appoint one-fifth of the members on an LHA board, with the remaining appointments divided federally and provincially. But as we move towards tiransferring full administrative responsibility of social housing, and as vacancies occur on LHA boards, nominations which would have previously been made by the province will be made by municipalities. This will allow municipalities an increasingly important role in the day -today management of the public housing stock. If there is a vacancy on an LHA board in your municipality, ministry staff will contact your municipality directly to request that younominate candidates as soon as possible. Candidates for membership are rm4mmeuded by me to Cabinet and appointed by Order - in -Council. Since all billing for social housing is through upper -tier and separated mimieipali"A these municipalities will be given the nominations to LHA boards. If one LHA manages public housing units for both an upper -tier municipality and a separated municipality, the distribution of municipal positions on the LHA's board will be based on the portion of the total social housing bill paid by each municipality. Any current municipal nominations on an LHA board will continue to be given to the municipality that had them originally. /2 63 -2 - In northern areas of the province, where an upper -tier government does not exist and where an area services board is. yet to. be established, provincial nominations will be distributed, one per municipality, beginning with the municipality that is being billed the highest amount. Once an upper -tier onion is established, the previous municipal nominations will be given to the new upper -tier organization. This transfer of provincial nominations is an interim measure until social housing programs have been reformed and municipalities are able to assume full administrative responsibility. The province'and its agencies remain fully committed to municipal involvement throughout the transition period, and municipalities are strongly represented on the new Social Housing Committee and working groups on social housing reform. Three municipal members will also be appointed shortly to the OHC board of directors so that municipalities can participate in the decision-making at a corporate level. The ministry is working with the Association of Municipalities of Ontario to choose.these appointees and will announce the appointments publicly when they are made. If you or your staff have any questions regarding the nomination of members for local housing authority boards, please call Alfredo Bartucci, Agency and Branch Services, OHC Support Branch, at (416) 585-6171. Sincerely, Al Leach Minister 64 Association of JA P Municipalities tr of Ontario OFFICE OF THE PRESIDENT TV February 18 1998 To the Head and Members of Council: FILE # REFERRED TO RE: CLEARING THE AIR ABOUT THE VILLAGE OF BL DISTRICT OF MUSKOKA RESOLUTIONS The Association has been receiving numerous enquiries about resolutions that have recently been circulated by the Village of Blyth and the District of Muskoka, expressing concerns about the Association and its operations.. To clear the air, here is the background and current status on both of those issues. The Village of Blyth Resolution In 1997, the Village of Blyth sought support for a resolution asking that the cost of education be removed form the commercial and industrial property tax base. This resolution was endorsed by hundreds of municipalities and the delegates at the 1997 AMO Conference. Because the Association was still trying to get the Province to live up to its promise of revenue neutrality regarding Who Does What, a decision was taken by AMO last fall not to pursue the issue raised in the Blyth resolution until the Association had had an opportunity to address the outstanding WDW issues. While we are still working on those issues, the Association's Board of Directors reaffirmed its strong support for the Blyth resolution at its February 5 h meeting, and will be pushing for the removal of education from the property tax base as part of its pre -budget presentation to the Province later this week. The Association has expressed its appreciation to Blyth for their efforts regarding this issue, and will continue to push for the complete removal of education costs from the property tax base without a corresponding increase in the percentage of social service costs borne at the municipal level. The District of Muskoka Resolution The District of Muskoka Resolution, which has recently been circulated to all municipalities in the Province, questions AMO's ability to negotiate with the Province on behalf of the sector. The District of Muskoka, because it benefitted so greatly from the removal of education costs from the residential property tax base, was one of only three areas of the Province that was a net winner financially as a result of the Province's Megaweek announcements in January, 1997. The alternative proposals put forward by the municipal members of the Who Does What Transition Teams, with AMO's support, would also have left Muskoka District taxpayers in a `win' situation. Unfortunately, the reforms announced by the Province on May 1, 1997, which included a number of significant changes from the proposals put forward by the municipal sector, left Muskoka District municipalities to deal with Provincial downloading similar to that being experienced by other municipalities across the province. 393 University Ave., Suite 1701 Toronto, ON M5G 1E6 65 tel: (416) 971-9856 • fax: (416) 971-6191 • email: amo®amo.municom.com Head and members Date of Council Page 212 While AMO regrets that the final WDW outcome means that Muskoka municipalities are bearing a heavier financial burden than they were after Megaweek, the following points need to be made: The basic premise of AMO's discussions with the Province regarding WDW, was that municipalities would rather have some portion of education costs stay on the property tax base rather than take on much higher social service costs. This premise was supported by resolutions received from hundreds of municipalities following Megaweek. The proposals put forward by the Transition Teams would still have left the Muskoka municipalities as net financial winners. It was the Province's decision to reject fundamental aspects of the Transition Team's final proposal that resulted in the Muskoka municipalities being less well-off than they were previously. While the preamble to Muskoka's resolution refers to AMO's WDW negotiations with the Province, there never were any such negotiations, because AMO was never empowered to negotiate on behalf of the sector. If AMO had been empowered to truly negotiate with the Province, the result would likely have been much more favourable for municipalities. Over the past year, a number of municipalities have been critical of the Association for not taking a stronger stance regarding Provincial initiatives. On February 61, the AMO membership approved some significant changes to the Association's structure and operations - changes which should enable AMO to respond more quickly and decisively to Provincial actions. One of the key changes approved by the membership was to give the Association the clear authority to negotiate with the Province on municipalities' behalf. Let me assure you that this will only be done after consulting extensively with AMO's membership, and that the Association is working hard to find ways to improve communication with its members to enable this type of consultation to take place. Like any good organization, AMO is constantly looking for ways to improve its performance, and I have no doubt that the changes approved on February & will produce positive results. On behalf of the Association, I would therefore ask that you support our efforts to deal more effectively with the Province, and not endorse the District of Muskoka's resolution. Should you have any questions about the above, please contact Doug Raven, AMO's Executive Director, at (416) 971-9856, ext. 306. Yours truly, Michael Power me! Ministry of the Solicitor General and Correctional Services Office of the Deputy Minister 25 Grosvenor St 11 th Floor Toronto ON M7A 1 Y6 Telephone (416) 326-5060 Facsimile (416) 327-0469 FEB 2 4 1998 Mr. David C. Morris, AMCT Clerk — Administrator Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A7 Dear Mr. Morris: Ministbre du • Solliciteur 96n6ral et des n a v a Services correctionnels nV Bureau du sous-ministre 25 rue Grosvenor 11 • dtage Toronto ON M7A 1 Y6 Tdl6phons (416) 326-5060 T616copleur (416) 327-0469 TOWN OF T1LL$0NnURo ECEIVE MAR 3 1998 FILE # REFERRED TO On behalf of the Honourable Robert W. Runciman, the Solicitor General and Minister of Correctional Services, I am pleased to advise you that approval has been granted to proceed with your request for an Ontario Provincial Police (OPP) police services costing proposal for the town of Tillsonburg. The police service -costing process will be conducted in accordance with the Ministry approved protocol. The specific recommendations set out in the council resolution, which was provided to this ministry as part of your costing request, would best be discussed with the OPP to ensure that no conflict exists between you resolution and the approved protocol. Notification has also been given to the OPP through a copy of this correspondence and I am sure that the municipal policing section will contact you in the near future. Please feel free to contact my Special Assistant, Policing, John Periversoff, at 416-314-3368, should you have any questions. Sincerely, riwo n Millard eputy Solicitor General and Deputy Minister of Correctional Services cc Commissioner Thomas O'Grady Ontario Provincial Police Mr. Fred Peters Assistant Deputy Minister - Policing Services Division 7 6 •- -MUNICIPALITY OF BAYHAm P.O. Box 160 Straffordville, Ontario NOJ 1Y0 telephone (519) 866-5521 • fax (519) 866-3884 February 26, 1998 Town of Tillsonburg Public Services Department 20. Spruce Street Tillsonburg, Ontario -N4G 4Y5 TOWN OF TILLSONSURd E C E I V E MAR 31998 FILE # REFERRED TO Attention: Mark Cowan, "CT(A), Director of Public Services Dear Mr. Cowan: Re: Reconstruction ofBayham Drive As requested in your letter of February 9, 1998, Council considered the proposal to complete Phases 2 and 3, based on a 50150 cost sharing, for the reconstruction of Bayham. Drive as proposed by Cyril J. Demeyere. In response, Council passed the following resolution at their regular meeting held February 19, 1998: "THAT the correspondence, dated February 9, 1998 from the Town of Tillsonburg, regarding reconstruction of Bayham Drive be received; AND THAT consideration be given during the 1998 Budget deliberations." Disposition: Motion Carried Unanimously Further, since the residents of the Municipality of Bayham are satisfied with a gravel surface on Bayham Drive, Council would like to negotiate an alternative cost sharing arrangement for the completion of Phase 2 and 3 of the proposed work. Consideration could be given to apportioning costs based on assessment of property adjacent to Bayham Drive. Council is willing like to meet with Town Council to discuss various options. Recent discussions with David Morris, Clerk Administrator and Mayor McKnight suggest that Town Council would. like to meet and discuss other matters as well. I will contact Mr. Morris with some possible meeting dates in the near future. Yours very truly, Lynn S. Buchner, CGA, AMC. T(A) Administrator Treasurer cc: David. -Morris, C1erk.Administrator, Town of Tillsonburg File L.4.7 98074 • W • March 2, 1998 The Corporation of the County of Oxford Department of Corporate Services and Libraries P.O. Box 397, Court House Woodstock, Ontario N4S 7Y3 phone (519) 539-1271 fax (519) 537-3024 Mr. David C. Morris Clerk -Administrator Town of Tillsonburg Town Centre Mall 200 Broadway Street, 2nd Floor Tillsonburg ON N4G 5A7 Dear Mr. Morris: TOWN OF TILLSOWM 1q6 E C r- � V MAR 3 1996 FILE # REFERRED TO We are pleased to inform you that the project proposed by the County of Oxford, titled County of Oxford Integrated Network (COIN), has been approved for assistance under the Province of Ontario's Telecommunications Access Partnerships (TAP). This approval is subject to successful negotiation of a project contract between the Ministry of Economic Development, Trade and Tourism, and the project partners, presently underway. We would like to thank you for your participation in the preparation of the TAP proposal, and for the support you have offered as in-kind contributions to the success of the COIN project. We also invite you, or a person whom you designate, to sit on the COIN steering committee. We look forward to your on-going support of this important project, and to working with you to realize the benefits of a high speed network available throughout Oxford County, allowing us access to the Information Highway. Sincerely, Mare Brown Director, Corporate Services and Library • 'I o� 6al�uei,� UJOA W11343111#31zi W 3A1333 DUMN; 0-11111 :�O NMOI m To /Town of T111sonborg From THE TRILLIUM 03/04/96 9:14pm p. 1 of 3 TO.CITYGL.EVQI Number of pages including this one S Pti-i.. C�.:ivClLLoe.S TheTripium Foundation —4S Charles Street Eur Fifth Rom ToronMOntario M4Y IS2 Telephone (Voice $ TI -Y) 416.963.4927 1.800.263.2887 Fax. 416.963.8781 f_rnad: caring@trilliumfoundapon.org Web Site hctpJ/www.trilliumfmMdation.org To /fawn of Tlllsonbutq From THE TRILLIUM 03/04/98 9:14pm News Release DQ YOU LIVE IN A "CARING COMMUNITY"? ENTRIES OPEN FOR PRESTIGIOUS PROVINCIAL AWARD TORONTO (February 23, 1998) — The search for p. 2 of 3 Ontario's outstanding communities stars today as the Vl r_s,- Trillium Foundation launches its 1998 Caring Communities Award. The award is the first of its kind in Canada and recognizes communities that have worked together to achieve exceptional improvements in their quality of life. "We're searching for collaborative and creative communities whose stories will inspire others," says Julie White, Executive Director of the Trillium Foundation. "This award is an excellent opportunity to learn from great examples, with the potential of unifying and strengthening other communities along the way." The award acknowledges communities as a whole — not organizations or individuals — for their achievements in making their collective home a better place to live. Communities may be defined by geography, such as a neighbourhood or town, or by shared goals and experiences. Their common theme: an ability to bring people together to get things done. "When Caring Communities face a challenge, they tackle it," says Pauline Couture, chair of the Caring Communities Award Advisory Board. 'They don't wait for someone to present a solution, they take matters into their own hands. In a Caring Community people from all sectors come together, and find the resources they need." More than 165 communities applied for the award in 1997, its inaugural year. In October, five winners were chosen from a short list of 26 finalists and honoured at a ceremony in Toronto. Last year's award winners: Cornwall, the County Park neighbourhood in Thunder Bay, the community of Ear Falls in northwestern Ontario, Waterloo Region, and the West Bay First Nation on Manitoulin Island. . Ear Falls, for example, suffered a devastating blow when its chief employer closed in 1986. The community's volunteers were quick to react They worked closely with business, government and local organizations to create a new community plan. Soon they were sponsoring events, such as a Shop Local campaign, and even began running their provincial park. As their network grew to include other communities, Ear Falls began working with neighbouring First Nations to help youth finish high school. That's when they caught the attention of Avenor Inc. The company was so impressed with the community s spirit and activism that they decided to open their new sawmill in Ear Falls. "For those of us who have experienced the ups and.downs of a single industry town, it is amazing to witness the rebirth of our community through the sawmill;' says Gloria Williamson of Ear Falls 2000. .._/2 !L The TNllium Foundation f 4a Fondation Trillium 45 Charles Street East, Fif , Floor-Tmmnta. Ontario MY IS2 Telephone: 416-963-4927 Toll-free: 1.800-263.2887 Faa: 416-963-8781 emav;. trillium Qweh-net Intern.,::http;//www.trilllumfauodatlan.or; , To /Town of Tillsonbarq From THE TRILLIUM 03/04/98 9:14pm p. 3 of 3 ME Cniteria and Selection The Caring Communities Award is open to all self -defined communities in Ontario. However. it is not open to individual organizations or single projects. Caring Community applications are judged on the following criteria: • significant and specific community achievements • creative and sustainable use of resources • recognition and involvement of diverse interests in community decision-making • potential to teach and inspire others Applications for this year's award must be post -marked no later than Friday, April 24. 1998. A 15 -member advisory board, which includes representatives from last year's award winners, will review all applications. Working with the board of the Trillium Foundation, the advisory board will select a group of up to 25 finalists which will be announced in July. Award Winners Up to five Caring Communities Award winners will be announced at an awards celebration in Toronto in October, 1998. In addition to a $20,000 grant, award-winning communities will receive: communications tools and a Speaker's Bureau to help them share their successes with others funds to participate in a two-day conference, Building Comrn unity Capacity: Learnir Our Wft Into the Futurewhich will bring together communities from across the province to share their expertise assistance from the Trillium Foundation to apply for project grants and/or computer and Internet access The Trillium Founda dan The Caring Communities Award is a program of the Trillium Foundation, Ontario's largest charitable foundation. Trillium works with others to make strategic investments to build healthy, sustainable and carting communities. Trillium was founded in 1982 as an arm's length agency of the provincial government and is funded through proceeds from the Ontario Lottery Corporation. The foundation disbursed more than $15 million to approximately 400 organizations across Ontario in 1996197. -30- For more information on how your community can apply, contact: The Trillium Foundation at 1-800-263-2887 or visit their web site at www.trilliumfoundation.org. 73 r•19FirF-m . - r . - , r , • • r r - - TO,PM OF TILLSOWWPG 90hAPPLICATION FOR ZQbJE CHANGE ECEIN' E in the low U TO_ WN OF TII i SONSR , 4 15513 0 09dway, 2nd FI., Town Centre Mall, Tillsonburg N4G 5A7 Telephone: (519) 842-6428 FIL�te ��_------�— HE DiiE FAFeh- FILE: ZON. 7-255 -Steve Aguston Purpose and Effect of the Proposed Zoning By -Law Amendment The Council of the Town of Tillsonburg is considering an application for Zone Change from 'General Industrial (M2)' to Special'Highway Commercial (C2 -Special)' to permit a range of Highway Commercial uses (as per Schedule "A", attached) including a dwelling unit in the upper poriiun of a non-resicential building. The subject property is located on the east side of Tillson Avenue, lying between Frances Street and Lindsay Street, comprising Lot 264, Plan 500, in the Town of Tillsonburg, municipally known as 266 Tillson Avenue. Public Meeting The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed zoning by-law amendment on: Date: Monday, March 23, 1998 Time: 7:30 p.m. Place: Municipal Offices, 200 Broadway, 2nd Floor Town Centre Mall, Tillsonburg Attached is a copy of the proposed plans. You are invited to attend the public meeting, and we would welcome your comments or suggestions either in writing or presented in person at the meeting. Other Planning Act Applications - None Please be advised that Council may approve, modify or refuse the requested zone change at the meeting. If you do not attend or are not represented at the meeting, Council may proceed and may not advise you of any proposed modifications. If a by-law is approved, notice of passing of the by-law will be mailed or published in a local newspaper. If a person or public body that files an appeal of a decision of the Town of Tillsonburg in respect of the proposing zoning by-law does not make oral submissions at a public meeting or make written submissions to the Town of Tillsonburg before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. Additional information relating to the proposed zoning by-law amendment will be available for inspection between 8:30-12:00 am and 1:00-4:30 pm, Monday to Friday, at the County of Oxford Planning Department Office, Woodstock. If you have any questions regarding the above -noted application, please contact Michael Barrett, Planner, of the Planning Department. Your truly, /\ /wr M. R. Bragg, BA, MP Att. Director of Public all Planning County of Oxford Department of Planning & Development 415 Hunter Street, Court House P.O. Box 397, Woodstock, On N4S 7Y3 Telephone: 519-539-1271 Zenith: 72050 i4 v U-1 schadule "A" Notwithstanding any provisions of By—Law Number 1991 t0 the contrary, no person shall within any deal Zone use any lot, or erect, alter or use any building or structure for any purpose except the following: " an animal hospital; an antique shop; an automobile service station; a bank or financial Institution; a brewers' retail outlet; a barber shop or a beauty parlour; a builder's supply shop; a business or professional office; a car wash establishment; a church; a convenience store with a maximum gross floor area of 186 sq. m (2002 sq. ft); a delicatessen or butcher shop; a dry cleaner's distribution station; a drycieaning establishment; an eating establishment • drive-in theatre a banquet hall • comes trial school a farm Imlement dealer; a farm produce retail outlet; a furniture store: a hotel or motel a motor vehicle sales establishment; a parking lot; a printing shop; a public garage; a public use In accordance with the provisions of Section 5.19 hereof; a real estate office; a retail nursery; a shoe repair shop; a sporting goods and power equipment sales and services establishment; a tanning studio; a taxi stand or station; a lire sales astabllshment; an undertaking establishment; and a video rental store. a dvallins unit in the upper poreicn of a non. residential building TV w z > l ,1 � a STBEE • 5 11 z FftA acE 0 N • N Application for Zone Change ZON 7-255 NOTE tNm mnor A aur suavav HIS -7/w Corporation 0/1L �• N COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 tRs OUR FILE: A-02/98 MEMORANDUM Fax: (519) 537-3024 (519) 539-1271 Annex (519) 539-0930 To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From: Michael Barrett, Oxford County Planning Department Re: Planning Comments on Application for Minor Variance A-02198 Date: March 5, 1998 BACKGROUND Owner/Applicant: Edwin E. McLaughlin Agent: Kim Husted Location: 216 Tillson Avenue Official Plan: Low Density Residential Zoning By-law: General Industrial (M2) Adjacent Uses: Single -detached dwellings (north & east), Lane (east), Ontario Hydro Transmission Yard (south) and industrial warehouse (west) Proposal: The applicant proposes to construct a 12.2 m (40 ft.) by 15.2 m (50 ft.) addition on the side of an existing industrial building, which is presently occupied by "Rick's Carpet". Requested Relief: 1) Relief from section 15.2.2.4, Front Yard, to reduce the front yard from the required 15 m (49.2 ft.) to 6.6 m (21.7 ft.); 2) Relief from section 15.2.2.6, Interior Side Yard, to reduce the interior side yard from the required 9 m (29.5 ft.) to 2.7 m (9 ft.); 3) Relief from section 5.17.1, Parking Area Requirements, to reduce the number of parking spots the required 14 spots to 12 spots; 4) Relief from section 5.17.8, Parking Area Location on Lot, to reduce the separation requirement between visitor parking spots and the streetline from the minimum 1 m (3.3 ft.) to 0 m (0 ft.). COMMENTS Intent and Purpose The subject property is designated for low density residential purposes in of the Official Plan: the Official Plan while the property is presently zoned for industrial purposes in the Town Zoning By-law. Therefore, it is intended that this property will be used for residential purposes in the future but it currently can be used for industrial purposes. The Official Plan contains a number of policies which the Committee of Adjustment shall take into account in reviewing the desirability of minor variances. These policies state that the Committee consider whether there are any constraints and/or restrictions to meeting the requirements of the zoning by-law due to the physical or inherent conditions of the site or whether alternative designs which would be in conformity with the zoning by-law are clearly not feasible or appropriate. IV t 'e— . rq In 0 z 0 U 2 Q � a F� W QZ O LTJ to z .0 U) w I a a A RODGER STREET (" 40.0' WID£ PLAN .39,3 ) I , Of tl-1 W LOT 21 'S•0' EXISTING RF. SIDEN TIAL -< N 78' ss' 00 E y100.00' n �p 9• p� a � J owi i _. 20' -- Q G i O�� LAJ 1 2 SOP CIL Nf-" PROPOSFn Annl nnnl�- 3 0 n 0o 0 z 11 -. i I LOT h9 ONTARIO HYDRO TRANSMISSION YARD 1. in I.. C\J 4 PL4-rE 2 SPL/ LAr►�T S s /*?-E P44AJ A A-02198 Page 2 Intent and Purpose The purpose of the front yard provision in an Industrial Zone is of Zoning By -Law: to provide adequate separation from vehicular traffic, to provide similar setbacks to other buildings along the same side of the street and to provide area for visitor parking. The front yard of the existing building is already deficient but is legal non- conforming. The proposed addition is to set back an additional 2.7 m (9.1 ft.) from the existing building which will ensure it is in line with the neighbouring dwelling- to the north. The applicant has requested that the parking area location on lot be changed to permit visitor parking spaces to be located directly adjacent to the road allowance, which is a County road. Although Tillson Avenue does have a shoulder lane which provides a buffer between the lanes of travelling vehicles and the property, the addition could be reduced in size in order that the front yard is increased by an additional 1 m (3.3 ft.) to ensure that the required separation between the parking spots and the streetline is provided. In discussion with the Oxford County Director of Public Works, he indicated that he would prefer the parking be located at the rear of the property off the lane. The interior side yard provision in an industrial zone is intended to provide adequate separation between adjacent properties for noise, vibration and emissions. In addition, the interior side yard is intended to provide area for drainage, access to the rear yard and maintenance of the structure. In this instance, the property abuts an existing single -detached residence. Based on the fact that the addition is to be used for warehousing, it is the opinion of this Department that the variance can be supported. However, we would recommend that the approval be conditional upon no window or door openings being permitted along the north side of the addition and that the existing privacy fence be maintained. The applicant has requested to reduce the number of parking spaces on the subject property from 14 to 12. It is the opinion of this Department that a reduction in the number of spaces can be supported based on the fact that the addition will be used for warehousing and the demand for parking will not increase significantly by the addition. Other: The site plan is also deficient in terms of two other provisions of the Tillsonburg Zoning By-law. The By-law stipulates that a 4 m (13.1 ft.) by 14 m (45.9 ft.) loading space be provided on the subject property. The existing site plan shows a loading space with a size of 2.4 m (8 ft.) by 14.9 m (49 ft.) that is located between the proposed addition and three parking spots. The size and location of this loading space are not appropriate as it would be very difficult for delivery vehicles to access this location. It is our understanding that the applicant currently uses the lane as a loading area for a loading door which is located on the east side of the existing building directly adjacent to the lane. A-02198 Page 3 The Zoning By-law also stipulates that only two access points to the road are permitted with a maximum width for each access of 9 m (29.5 ft.). The site plan currently shows that the entire frontage will be used for access. Summary: It is the opinion of this Department that the applicant should meet with Town and County staff to explore alternative designs which would ensure compliance with more provisions of the Zoning By-law which may reduce the impact of the proposal on surrounding properties and traffic flow along Tillson Avenue. A reduction in the size of the proposed addition would permit the applicant to comply with more provisions of the Zoning By-law. If the applicant reduced the size of the proposed addition to 12.2 m (40 ft.) by 12.6 m (41.5 ft.) with a size of 154 m2 (1659 ft.2), he would be able to provide the required separation between the parking spaces and the streetline as well as the required size for the loading space. Recommendation: That the Tillsonburg Committee of Adjustment defer application A-02/98 for 216 Tillson Avenue, for the following reason: 1) To permit the applicant to modify the design of the proposed addition to ensure compliance with more provisions in the Tillsonburg Zoning By-law. CANADIAN COMMERCIFL 855 P02 MAR 06 198 12:58 AGREEMENT UE PURCHASE AND SALE .� offers to buy from KIRCHASER investments i , �,gh vendor's VEMM The f the "town o T� the following Canadian Comore c• AGENT, { ,s Agent (prenchoser's Agent) Yendor jigwnt 1,,SndS in the zOttTY: fronting on the ...side of Broadwe Street known mwnicipalty � tiediZe tsB» more or leas by a depth Town of 'rillSolait��� having a frontage of .See Att�C Of c� Attached Schedale "B" mare or less and descrbed as: on Scbedule "B" which shall be determined by survey prior to closi>�g The lands shown 1l contain approximately 112 of frontage and 180 deep being approximately 20,160 s4feet. P square feet AT 7'lffi R1RCMSE I'liiC.'E OR - Q�. /� ------------ ------ -- wrrww($Can &270a080, -ft Iwo i Th on the following torius: 000.00 l , purchaser submits as recited below „Five Thowsand Dt►11$rs- - - - - - - n completion or other by choquc payable to Canadian Commercial Realty Inc. "In Trust" as a deposit to be held'*W Taut'' peszdi 8 omP termination of this Agmenmt and to be credited towards the Purchase price °n completion►-' 2a. Purchaser agrees to s pay the balance of the Purchase Price, in cash or by certifted cbeque, subject to adjustment, to the Vendor on closing. Schedules " A'' -Purchasers Conditions -attached hereto shall form a part of this Agreement of Purchase and Sale. Schedule "'W, - Site plana - attached hereto shall form a part of this Agreement of Purchase and Sate, price except those listed hereunder. N A and 3, purchaser and Vendor agree that all existing fiutwrea are included is the purchase Fri Ft that the following chattels are indudod in the pwchasc Pic= Mal'Ci1 _ 4. purcbawr agrees that this Offcr "l be irrevocable by b M wail 11:59 p m. 'm tbr, �—�' °f 19 9 &, afLcr - wbich time, if not accepted. this Offer sha11 be UWl and Vold and the deposit shall be returned to Aacltaser without inherent or deduction. _ S. This Ag�mcati� doll Schedule ` Aon '' but no later than the 1 - day of � August 199 8 . urea COl1ltal« v ideas provided as follows: coMpletion, vacant possession of the property shall be given to Pu mbaset pr 6, purcha9cr shall be allowed 15 days prior to the ctosiutg of this�t �s� moa the chat t9 prethe serve :07J > at his own expense. to satisfy himself Hatt them at+e no ountandnn8 n8 IDmereaal may be lawfully contiau�, and tW the principal building may be insured against risk of fire. 7. Provided that the title to ft property is good and ft+ee from all eacumbraaces except for any minor easements to public utilities ruxiu. for the supply of domestic utility sere to the property. If within the time allowed for exansiWAS the title any valid objection to title, or to any outstanding work order.or to the feet the said pmseat use may not lawfully be continued. or that the pdacipal building may not be ipstued against risk of fire is made in writing to Venda and which Vendor is unable or unwillitrg rer�ack or satisfy WA which Purchaser will not waive, this Amt, notwithstanding any intermediate acts or to remove, _ negotiations in respect of such objections. shall be at an � all MOA1e5 ��Ore paid shall be returned without interest or by deduction end vendor and Vendoes Aged shall trot be liable for arty pumbas rsts or �sshalshall b ve 0 to any conclusiveely deemed to baWid objection re accepted such day and except for any objection going to the root of the title, Vendor's title to the property. - - - am -on • of s ty " tw the futm spore that tbM i s no co10tdidM e�tpt�.� IMP" --- representation or rwairarnty_�ad �whem in this 9 • Vanda end pwaosec etty by jus or will be la as may be specifically tM� u$e of the 1 'oP of title m rho pmTi�y a'tch agreement. or other evid+ea sketch or eduction of my title decd. abstract, sur►ey eswby � �, he will deliver �►y suow�d chw Shall as call for the pr . Vendor s . � ' '� es possible and Fin to the rant day Q. control of Vendor. to be 40=e by the ptuchascr on as aye ip the P°5�uon °r saessioa or wttltia his o of char hold � � via solicitor's personal Of t P y to heS po the that a fe of sort use �* gable farm � to �9isw`�` �` n sY In the curse au oampleUon, (ifcharge®t aQg u�G t iA ltv fod� i ge a cessation ac before c °" the UMV, to the av l & CIO3W f01* 'Oo p(ovided ha e reV* dW the di itod, to Obtain 11409, is �out of tiIDe ooh a 3401% ae� �n°'Va GafiQ � 000. �� � t to � �°�6 •$ t�s0 payer" ' CANADIAN COMMERCIAL 855 P03 MAR 06 198 12:59 1 I. All WWnp on the property► and all other tbings being shall be and remain void comyledo�a at the tisk of the Vendor, Pending eatrtylctim Vendor shall hold all insurance policies. if any. and the pro= frost for the patties as their iw4mt ony appear and in the event of substantial dao age. puyehasa may either terminate this Agrecmcat and have all mouiex theretoffore paid returned without interest or deduction or else take the proceeds of any mantes � ccm plcta the pmhase. 12. Provided that this Agreement shall be effective to create an interest in clic property only if *a subdivision control provisions of Tbc Pliuming Act arc morphed with by Vendor on or before completion and Vcador baeby covenants to proceed diligently at bus ecpcase to obtain any necessary consent on or before compli:don. 13. P rchasea shall be credited towards the Purchase Prig with the wnoaat, if a7�seyy, wbleh It shall be necessary for Purchwer to pay to the Kudsw of National Revcmw in order to snarly P rchasn's liabilityin respect of tax Qay&We Veedor under the non-wsideacy provisions of the lim= Ttuc Act by ram of this We. Pardee sW = claim such cretlif if Vendor delivers ou coocuon tiro prescribed certificate or his sta=ory dt cla radon that he is not drat a now resident of CaDada. 14. Rat. ma%ap i>immt, taxcs, locd improvements• water and assessment cartes and the cost of flied shall be apportioned and allowed to the d tc of completion (the day itself to be apportioned to Purcbaser). 15. The deed or wawdcr shall. save for the Land Tramsfa Tox Affidavit, wWch shall be prepared and completed by the Porch*=, be prepared iA rcaistrabic form at the cape aw of Vendor and the Mortgage at the expense of the Pumbaser. I& Time shall in all respects be of the essence hereof provided that the time for doing or completing of nay taattet provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective MUcitvrs who may be speditcally audwrized in that regard. 17. Avy tender of documents or aloney hermada may be mode, open Vendor or pie ctoier or their respective solicitors on the day set for comOction of this Agreement. Money may be tendered by bank drdi or cbegce certified by a Chartered Bank 'IVtist Company. Province of Ontario Savings mice, Cm4t Union or Caisse Populaim t& THE VENDOR WARRANTS THAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER TIM PROVISIONS OF THE FAMLY LAW ACT 1986, UNLESS THE VENDOR'S SPOUSE HAS FXECUI D TM C 94SWr MW 1KAFrERPROVMED. 19. THE PURCHASMt IS HEREBY N077BW THAT A CONSUMER REPORT CONTAINING CREDIT ANDIOR PERSONAL INFORMATION MAX BE REF RRFD TO IN C X04BCIf lON WrM TWS TRANSACTION. 20. pc mound service, or by scdading saute by telex, teleg� or fa�csimite. to the other pasty at tbee edresses set out herein or by laving rt at the addresses act ant bcnim. Naticca stall be deemed to have been untie yA and e3%ctively vqt sit the ' anti date of service where personally served or at the time trod dna of dclivay where lett at the patty's address ar at the titan mid dtrte of s�"S if seat eiex, tdegrasn or facsimile. NOTICE TO VFNpOA: The Corporation est lite Tawo o['fYllaoebaragNOTICb 70 PURGiZASFRhareomp Investments Limited ADDRI — ADDRI�. S� T PHONE r FAX:TlsZ�MOM I FAX Zl. Nomiemm6M nay tenons of eoaditiow outlined in the ptiaad portion herein, nay provisiotas wrimn or, ty�d rirma rias Offer slsstl be the true ceps and d aft shspert tie the printed portion in iasp a ct to the affi cted thereby. TUs AStaxneat dad! ca"dOW the entMe zgeemwt between PAckner and Vendor lard there is no representation. wuranty. collateral agreentant or eoaditioa affectiag tltis Agreement or the property or supported bereby other than as tx ssed heseiv in writing. This Agreement sha11 be read with all changes of gcRdcr or member o quired by the contend. 22. Phrchaser ackthswledges having iuspoctod the ympaty prior to wbu ittiag; this Offer and ttndetatm& that upon Venda atmepting this otter there stall be a binding agmcmaat of purchase acid sale between Purchaser and Veador. 23. Tbc Vendor and Purchases adwowl*e and agree that in order to arrange a sale. any salaperson or broker hereon luny amia is arrsaglssg an mortgago and may receive s fee from the mmtgagee for so doing, and, such real esm salesperson or broker. is a wided to this fee, in additlee n to the herdn. 2A. The Vendor and Pwrbaser acknowledge and agree that in e>trder to arrange a sac, only real estate eatespersari or broker herein may offer and confer a benefit upon ibc P th a ser as am inducement to the Purchaser to enter into im agtcemcnt of pntuUm and nate. ZS. If this irrtnsac4ivao is sabot to Goods and Services Tax (GSI') thea such GST shtrll be in addition to and not Wtaded lo the phtrchase price, and GST, shall be collected sad remitted is secordamce with aa�pplicable legislation. If this transaction is vol subject tv GST. tin Vmdw s to p uvide on or before closutg to the ptudiasear or phirch::er'a solicitor a cesdficate is the form prescribed by thee rrgpli •an (d' so grescbed, or otherwi9a in a faros teaeasfal�ly satisfactory to the pttrchasez or p�cbu�tsez's solicitor) cerdag est the b is :wlect to SI. "GST mesa: the to commonly rs%xred to a� the •Goods and Services Tans" by 8i11 C44 of the PnliRo=t of C� sa m? be aftegumtly into law. -- DATED ar this day of ,19 ST�,�, w ve tato set my : in the prescaoe of Marco tments Limited T * Date: (Witness) PUR bayve *� audtority to bind flu caporatioa * Dates (Witness) PURCHASER - I have the authority to bind tdu corporation The undersigned accepts the above offs and agrocs widi flu listing bwkett above hewed, lb coitslderaton for his services is procuring thus said offer, to pay bb on the date of 66m Fiction the commission act out in oto listing agrecmeut. togctha whit spyllable Goods and Suvlcet Tax (1d rtdy otitcr Wx,es es may ltCreatbet be 9p� bie), which c and taxes may be deducted iron the deposit. I hereby irrevocably Lima= lay solicitor m directly to the listing broke the unpaid lim-ci vf` tkc mon sad %sub taxes from the yroceed5 of the oak grtor to any payment to the undersigned on = w advised by the listing broker to slay sowtor. DATED at tus day of 19 SIGNED. S N WJIM -wroed I have bereutgo, set my . in the presence of: The Corporation of the Town of Tillsonburg ' Data: (Witzle") VENDOR - I have the authority to bind the corporation * Date: (Witaoss) VENDOR - I have the authodty to.bind the corporal!*,! The undersigned Spouse of the Vendor hereby consents to the disposition Cn4 a=4 he= parswat to ilio provisions of The family Law Act. 1986. In consideration of the sum of One Dollar (51.00). the receipt of which from the: Puzhascr is hereby acknowledge, the uredeatdgad spouse of the Vendor hereby agrees with the Prrdwer that belshe will execute =11 reeeeisvy of imeidcutd dacuntents to give Oill force and effect to the sale 6tdenaed hereia. % * Late: (witness) SPOUSE ACKNOWLFXGMENT I acknowledge reccipt of my signed copy of this accepted Agreement of Pmdhase and Sale:, and direct the agent to forward a copy to my solicitor. Date err or Solicitor Addmsu Telep$orre I Fax: I acknowledge receipt of say signed copy of the Agreement of Pvrclwe and Salc and direct the agent to forward a copy to my solicitor. Date ty"chmer) Soucitor. Address: ► Tclphone I Fax: f't'h.�Gt� S1101 -f-6(3 — Icy/ (r) CANADIAN COMMERCIAL 855 PO4 MAR 06 198 13:00 SCULE "A" Between: Chareomp Investments Limited (as Purchaser) - and - The Corporation of the Town of 1111sonburg (as Vendor) This Agreement is subject to and conditional upon the following conditions being satisfied on or before July 15, 1998: la) The Purchaser obtaining or being satisfied that a Re -zoning, Site Plan Approval, Permits, Development Agreements, Building Permits etc. that may be required by the municipality and/or any outer regulatory body, are available to the satisfaction of the Purchaser, for the construction and development of the Purchaser's proposed cotmmemial/ etail development. The Purchaser must also be satisfied to his sole and absolute discretion that a Lease with Kelsey's Restaurants is available for the new proposed development under terms and conditions satisfactory to the Purchaser. b) Being satisfied that there are no contamination's existing in the soils, and that the bearing qualities of the soil are sufficient for the purposes of the erection of the structures for which plans shall be submitted to the Municipality. The Vendor agrees to provide any soil test it may have. The Purchaser, its servants and agents, shall have the right to enter upon the lands herein after acceptance of this Agreerneat to make soil tests and Purchaser shall repair and restore the lands to their original state immediately following such tests. In order to facilitate the approval of the Site Plan, or any other necessary approvals required the Vendor hereby appoints the Purchaser its agent and empowers the Purchaser to execute documents, prepare and deliver submissions, and to do all and any other things that the Vendor would have been required to do in order to achieve such Site Plan or any other necessary approvals for the land herein. Further, it is agreed that all such activities shall be, at the Purchaser's expense and Purchaser shaU indemnify and hold harmless the Vendor of and from any and all liabiRty or responsibility with respect to such activities. Should this Agreement terminate for any reason, Purchaser shall execute all, consents as may be required by Vendor to trander the benefit of all such activities to Vendor and shall deliver to Vendor all related documents, plans and applications. 3. The Purchaser shall have the right to waive any or all of the said conditions, in writing, contained in this Schedule "A" in whole or in part at any time prior to the expiration of the period of time as aforesaid. U the Purchaser does not waive, in writing, and is not satisfied to his sole and absolute discretion with the above conditions, prior to the expiration of the period of tune as aforesaid, the within Agreement shall be null and void and the deposit money paid hereunder shall be remnwd without deduction and without interest and in such event neither party shall be liable to the other for any loss, costs or damages. 4. Notwithstanding the date set for closing of this transaction in Clause 5 front page, the Vendor acknowledges and grants to the Purchaser an aeeelenrted closing if the Purchaser so requests. To accelerate the closing the Purchaser shall give the Vendor 20 days advance written notice of the Purchaser's desire to close. I 5. Joint Development and Parking Agreement It is the intent of the Purchaser and the Vendor to enter into a Joint Development Agreement of this site. Wherein the Purchaser agrees to build the Kelsey's Restaurants and complete the site work on the lands to be purchased. The town of Tillsonburg agrees that it will complete the site work and parking and landscaping g7ths consistent with the plan attached at its own cost and expense. A Joint Develomepnt and Reciprocal Parking and Access Agreement will be agreed to by both parties within 60&yscceptance of this Agreement. Charcomp xnvestLimited The Corporation of the Town of Tillsonburg rom Per. ^ CANADIAN COMMERCIAL 655 P05 MAR 06 198 13:01 Schedule / w� / �� / �^ | . \ ' | .00 Ct || �� � SF | / � «^ | . \ . | \ � >11 ! / / | � __.j � ` Co LC ov— y to lea / w� / �� / �^ | . \ ' | .00 Ct || �� � SF | / � «^ | . \ . | \ � >11 ! / / | � __.j � `