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980511 Regular Council Meeting Agenda_. N THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL AGENDA MONDAY - May 11th, 1998 - 8:00 A.M. /CiI�L �}'jzZSTN ORDER OF BUSINESS: Pg. 4- 6 A. Adoption of Minutes - April 27th, 1998 B. Adoption of Agenda C. Declarations - Municipal Conflict of Interest Act D. Appointments/Delegations Pg. 7- 17 1. Delegation RE: Traffic on Lisgar Avenue (Petition attached ){ � �} LI C- 9:00 S�nr.� 9:00 2. OPP Delegation -Buh'p E. Committee of Adiustment Pg. 18- 19 1. A-3/98 - Robert Horvath Construction (Bruno Kelle) Pg. 20- 21 2. A-4/98 Dorothy Otto �. Pg. 22- 23 3. A-5/98 - Kim Husted Surveying Ltd. (Don & Lilian Griese),ppp��v'A Pg. 23 4. A-6/98 - Kim Husted Surveying Ltd. (Myrrl and Ethel Cornelius) NOTE: Comments from County Planner to be distributed. F. Reports 1. Corporate Services Committee Minutes of May 6th, 1998 (enclosed) Pg. 24- 35 2. Public Services Committee Minutes of May 6th, 1998 Pg. 36- 81 3. Development/Culture Committee Minutes of April 28th, 1998 ...2 1 L G. Communications Pg. 82 1. Alzheimer Society of Oxford RE: Permission to Conduct a Tag Day - Saturday, October 17th, 1998 Pg. 83 2. County of Oxford, Department of Planning and Development RE: Extension of Draft Approval of Draft Plan of Subdivision - Davlaur Developments Limited Pg. 84 3. Township of South -Wes Oxford RE: arachutists - Tillsonburg Airport v S�� L AaA %.- Pg. 85 4. City of Orillia RE: French/English Twinning Program pg ,, g 6 - _91" 5� .County of Oxford,. Department of Planning and Development RE: Lifting of Part Lot Control - George Gilvesy Jr. Pg. 92 6. Petition RE: Admission Prices - Tillsonburg Water Park H. Information Pg. 93-:96 1. Tillsonburg Culture Commission Minutes of April 15th, 1998 Pg. 97-100 2. Long Point Region Conservation Authority Minutes of April 1, 1998 Pg.101 3. Larry D. Cotton Associates Limited RE: Draft Approved Subdivision - Davlaur Development Limited 4. Association of Municipalities of Ontario RE: Pg.102 i) Provincial Throne Speech Focuses on Jobs, Health Care, Education and Workfare Pg.103 ii) AMO's Advocacy on Emerging Issues Pg.104 iii) Ontario Property Assessment Corporation (OPAL) Names Chair/Vice-Chair Pg.105-107 iv) 1998 Ontario Budget 5. Office of the Premier - Common Sense Update RE: Pg.108-109 i) Throne Speech Signals Government is Listening, Learning and Moving Forward ...3 At 41 - 3 - Pg.110 ii) Largest -ever Expansion of Health Services in Ontario History I. Resolutions J. By -Laws 1. By -Law 2841 - To Authorize an Encroachment Agreement with Quad County Youth For Christ 2. By -Law 2842 - To Authorize an Encroachment Agreement with Jeffrey John Rock and Jennifer Lynn Rock 3.' By -Law 2843 - Site - Plan Control By -Law (to be distributed) NOTE: Please bring "Proposed Site Plan Control By -Law and Guidelines" previously distributed with Corporate Services Agenda of April 22. K. Notice of Motion L. Closed Session .k L April 27th, 1998 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, April 27th, 1998 at 7:30 P.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario. PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: D. Beres, B. Carroll, S. Lamb, G. Leachman, C. Rosehart, R. Smith and S. Molnar ORDER OF BUSINESS: A. Adoption of Minutes No. 1 Moved by Deputy Mayor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Coumci 1, under date :of, -April 14th, 1998 be adopted as'printed and circulaed. "Carried" B. Adoption of Agenda No. 2 Moved by Deputy Mayor Horton Seconded by Councillor Rosehart AND RESOLVED THAT the Agenda as prepared for Council Meeting of April 27th, 1998 be adopted as printed. "Carried" C. Declarations - Municipal Conflict of Interest Act None D. Presentations 1. Monthly Volunteer Recognition Award - Presented to Kathy Szollosi E. Appointments/Delegations 1. John Finlay, MP Oxford F. Reports 1. Corporate Services Committee Minutes of April 22nd, 1998 G. Communications 1. Robert and Christine Byl RE: Parking of Tractor Trailer 2. Allen Street Property Owners RE: Sale of Surplus Land - West Side of Broadway, South of Christie Street 3. Correspondence RE: Welding Road i) Brown & Brown (Goldik sale to Liptak) ii) Maureen Anderson and John Puhr iii) Robert and Eleanor Belsey H. Information 1. Director of Public Services RE: London '*Street Area Reconstruction - . Public Information Meeting,- April 30th, 1998 . , Ip , _ . . r.. 2. Municipality of Bayham RE: Notice of Special Council Meeting re: Proposed Sour Gas Plant - April 29th, 1998 - Vienna Community Centre 3. Tillsonburg Culture Commission Minutes of March 18th, 1998 4. Co-operative Housing Federation of Canada RE: 'Ontario's Social Housing Reform and the Social Housing Agreement with Federal Government 5. Management Board of Cabinet RE: Charity Casinos 6. Common Sense Up -Date RE: Charity Casinos/Ontario's Natural Heritage/Health Care Reinvestments 7. Correspondence to Glendale High School RE: Appreciation for Repairing Council Chamber Chairs I. Resolutions No. 3 Moved by Councillor Smith Seconded by Councillor Carroll AND RESOLVED THAT the Corporate Services Committee Minutes of April 22nd, 1998 be received and recommendations contained therein be adopted. "Carried" No. 4 Moved by Councillor Carroll Seconded by Councillor Smith AND RESOLVED THAT correspondence received from Robert and Christine Byl regarding parking of their tractor trailer be .5 Q - received and referred to Corporate Services Committee for review. "Carried" No. 5 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT correspondence received form Allen Street property owners regarding the sale of surplus lands on the west side of Broadway, south of Christie Street, be received and referred to Corporate Services Committee for review. "Carried" No. 6 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT Item C - Mike Barrett - Draft Site Plan Control Agreements as contained in the Minutes of the Corporate Services Committee of April, 22nd, 1998 be divided and voted on separately. "Defeated" J. By -Laws The following by-laws received three readings and were finally enacted: 1. By -Law 2836 - To authorize an Encroachment Agreement with Ena Patricia McCarthy 2. By -Law 2837 - To Close Certain Parts of Road allowance for Welding Road 3. By -Law 2838 - To authorize an Agreement with the Oxford County Board of Health 4. By -Law 2839 - To authorize the Sale of Lands to 980291 Ontario Inc. 5. By -Law 2840 - To authorize the Sale of Lands to Jacqueline Callebert K. Notice of Motion Meeting adjourned. Mayor Clerk -Administrator t . _ o: TitMo�yor a KGIt lot/v% �c7unCi � ba v Zd Morris - Cle- ir k Ad -sira+or, TO d � Tt t Isok% by f We 4�e uiAJ Qir s� �,ed + tt�u e r we a CSO rot w pe � s c� l� � � k t� }l0v6r Gt�e +C.Dh o# -C �vl C VIVm ber- o P V% hn o +0 V- of v a f ra le $ p o ✓' + +fuck S U Sin Lc.5ar Avelive- -Erow, B r� at 9 e St're e. t n o r+k , 0 re Spe cv!jI'e c�uCSt �'k at Tov� ��v;n c,; l �'a kt .Somt cairre c i vC G Ct o,, -SUC� a 5 ower speed if posri6le ere t IUQ TRUCKS a vt of spe ed I;;,,,; �•�aA1 T0r-t w ..3 1 aNy a{ker Su e5 TioKS `tk .TrafT Co*ee ka\/ %Z64 e 5J `� •� cf �SCtcLr vc r y CIO�,t by1-- L �, Lk , c C� �G.Y it "o 4�A 12jk6U 119 C, � f / / � ; �/, q , " � k 4, - e- - I', Zyi � -! F �ti L Cz� (-5god Clue Lis2- . - t S �.,e��,c�� 1 � l L c�� .� . C.s r c-7 � C 1 ��.saa�J;�Lc � I v lc t 8 rY hh -,? �.. tqry Ago .0ole mo I—VV k -2 G -2"ro �-.� �� ''tel �/�'�.�i�� £RDS E022 Uly r 7 -ray ��' ��S'7 9fii1 4 I u �ot scv 10 L� 771 ri'1 G� Lf ALA J l,ql J scv 10 L� 771 ri'1 G� Lf ALA .s Hoe c e 11 77 r //& ,WcIC-7 . . n G� DO \P CI to 1 l t✓ ``� ""ter. •�� o c c > � r '' fir' .: 'v � f . , en . �' • .tt. 1 Application No. A-3/98 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 Robert Horvath Construction on behalf of Bruno Kelle, as effects Lot 73, Plan M-59, known municipally as 94 Parkwood Drive, in the Town of Tillsonburg. 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: Robert Horvath Construction 44 Allen Street Tillsonburg ON N4G 4X8 The purpose of the application is to seek the following variance: Section 6.2.1.1.9- Exterior Side Yard - to reduce the required exterior side yard from 7.5m (24.6 ft.) to 7.08m (23.23 ft.) to recognize the construction of a foundation for a bay window. The single -detached dwelling is located in a residential (Rl) 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: May 11, 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 22nd day of April, 1998. Brad Bartlett Secretary -Treasurer. 4 .8 i r SURVEYOR'S REAL PROPERTY REPORT :J!--- BETWEEN coNczsslDNs yc AND 11 KNOWN As cDNcE551DN STREET) FOUNDATION 7_555 PLAN OF _ — — — — R1rS15T>:�.E.D PLAN ES M-150� (P.I N.FoOT 0004R dt�91VE) � R_6.,0 , LOT 73, REGISTERED PUN M-59 N 78. 32' Jr E 30.66 (Pl d< M) ,�� , A_9.57 C-8.62 TOWN OF T I LLSO N 8 U R G ELEVATION TOP OF N5; 6'2W49'W COUNTY OF OXFORD I FOUNDATION LOT 73 (Pt dt S) I :s �rsses P.I.N. - 0432 7.�� V i SIB(727) T (yylT} o s so SCALE — Zso Y Ar A v 15.05 — r 8.85 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN r F�/V, BE CONVERTED TO FEET BY DIVID= BY 0.3048 N , i r CONCRETE FOUNDATION 7_555 1202 o n i ' GARAGE ao p, ELEVATION TOP OF I FOUNDATION -229.22 1213 ♦ r rr rim/♦ rr�! y/rrr��rr;r.rr 7.�� ;.50 :.50 N 78- 29' 1i E 37.'0 {a: do S) >--Z .8 (727) I I l ai P.I.N. 00041 - 043' ao j o, N I I i KIM HUSTED SURVEYING LTD. REPORT SUMMARY(To BE READ IN CMMCT:ON WITH PLAN of SURVEY) RECSTER=- EASEMENTS AND/OR RIGHTS-OF-WAY. ONE REG:ST-ZRED ON ': COMPLIANCE WITH MUNICIPAL ZONING BY-LAWS IS tS CERTIFIED BY THIS REPORT - ADDITIONAL REMARKS: PROPERTY DESCRIPTION - L=773. REGISTERED PLAN M-59 TOWN OF T1LLSONSURG. COUNTY OF OXFORD. ALL CF P.I.N. 00041 - 0432. - BUILDING ^ES ARE MEASURED TO THE EXTERIOR FACE OF THE CONCRE' FOUNDATION. SHE AREA OF LOT 73. REGISTERED PLAN M-59 = S! SQUARE METERS THE AREA OF LOT 73. REGISTERED PLAN M-59 CO1SB;'J BY THE CONCR 7ZE FOUNDATION AND GARAGE : 230.6 SQUARE METERS LOT COVERAGE - 26 THIS SURVEYOR'S REAL PROPERTY REPORT HAS BM PREPARED FOR ROBERT HORVATH CONSTRUCTION AND THE UNDERSIGNED ACCEPTS NO RESPIMISIBIUTY FOR USE BY OTHERS SURVEYOR'S CERTIFICATE i CERTIFY -•rIAT (1) - THIS SURVEY AND PLAN ARE CORRECT AND M ACCORDANCE MATH THE SURVEYS ACT. THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM (2) - THIS SURVEY WAS COMPLETED ON THE;AWT 019 1998 . _MARCH 26_ 1998 _ _DATE IM HUSTEDIO LAND SURVEYOR Application No. A-4/98 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 Dorothy Otto, as effects Lot 19, Plan 1653, known municipally as 50 Potters Road Tillsonburg. 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: The purpose of the application is to seek the following variances to the Town's Zoning By-law 1994, as amended: 1) relief from section 18.1.1, Residential Uses, to permit the enlargement of the gross floor area of a building by 84.5% where the by-law states that the enlargement shall not exceed 25%, and; 21 relief from section 18.2.2.6. Interior Side Yard, to permit the interior side Yard to be reduced from the required 6m (19.6 ft) to 1.55m (5.1 ft). The single-family detached dwelling is located in a development (D)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: May 11, 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 29th day of April, 1998. Brad Bartlett Secretary -Treasurer. 842-6428 ext.228 � � l L.c� caL. +o ✓� �- w� . w�- o q oma► . F?:� .�`` RJrA D LOT 43, REGISTRAR'S q COM. . ¢� P. /. N 0004/ - 0376 N 38057000"E ( REFERENCE BEARING) / 1�4 66.0 ` 66.0' (DEED & SET) 1 900 ` 28.3' 28.8• �t►f', DEED & SET ; Z3 now F �� O 0 V NIGH TO NO. SO 6 4' NIGH BUSHES 32.2 ON LIKE - IVZ STOREY DWELLING C CONCRETE 2J TIM T.9' A sic? DWELLING F USE NO. 4G S% Q W 2 m O W W WALK to 14. e' 1 0, FRAME COACAEIF V►1 GARAOrE 21 eLOGr BIR4BE' CONCRETE FOUKOA I Q • 15.2 T 1 LOT P.I. N 00043 - 0025 INST. NO. 359118 0 0 M1 M N m FENCE -0- POST 0POST W ON LINE -0— O 19 I; M M P.1 . N 00043-0026 1 N ST. NO . 19152 OE 41 A L Application No. A-5/98 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 Kim Husted Surveying Ltd. on behalf of Don and Lilian Griese as effects Lot 14, Plan M-86, known municipally as 19 Seres Drive in the Town of Tillsonburg. 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: Kim Husted Surveying Ltd., 50 Fox Alley Tillsonburg ON N4G 3P4 The purpose of the application is to seek the following variance to the Town's Zoning By-law 1994, as amended: 1. Relief from Section 6.3.12.2.5- Rear Yard- to permit rear yard to be reduced from the required 10m (32.8 ft) to 8.03m (26.3 ft) to allow for a sunroom to be built upon an existing deck The single family detached dwelling is located in a residential (R1-9) zone. The proposed sunroom addition has received approval from the Hickory Hills Residents Association. 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: May 11, 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 tort days from making of the decision. DATED at Tillsonburg this 30th day of April, 1998. Brad Bartlett Secretary -Treasurer. 842-6428 ext. 228 i � L t Application No. A-6/98 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 Kim Husted Surveying Ltd. on behalf of Myrrl and Ethel Cornelius as effects Lot 15, Plan M-56, known municipally as 21 Seres Drive in the Town of Tillsonburg. 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: Kim Husted Surveying Ltd. 50 Fox Alley, Tillsonburg, ON N4G 3P4 The purpose of the application is to seek the following variance to the Town's Zoning By-law 1994, as ammended: 1) Relief from Section 6.3.12.2.5- Rear Yard- to permit rear yard to be reduced from the regui red 10m ( 32.8 f t ) to 7.85m ( 25.8 f t ) to allow for a sunroom to be built upon an existing deck. The single family delached dwelling is located in a redidential (R1-9) zone. The proposed sunroom addition has received approval from the Hickory Hills Residents Association. 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: May 11, 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 30th day of April,1998. Brad Bartlett Secretary -Treasurer. 842-6428 Ext. 228 Minutes of the Public Services Committee meeting held May 6th, 1998, at 3:30 P.M., 20 Spruce Street, Tillsonburg, Ontario. THOSE IN ATTENDANCE Deputy Mayor I. Horton Chairman D. Beres Vice -Chairman B. Smith Councillor S. Lamb Councillor C. Rosehart Councillor S. Molnar ADOPTION OF AGENDA E. Roloson, Recycling D. Robertson, C.B.O. G. Jaumol, Foreman D. Cupples, Clerk P. Ward, Acting Superintendent M. Cowan, Director Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb the adoption of the agenda, as amended. CARRIED ADOPTION OF MINUTES - APRIL 10 1998 Moved by Deputy Mayor I. Horton, seconded by Vice -Chairman B. Smith the adoption of the minutes. CARRIED REPORTS - Attachments A, B & C Moved by Deputy Mayor I. Horton, seconded by Vice Chairman B. Smith that the monthly reports for April 1998 by Cemetery, Building, Works, Recycling and Transit be received and filed. CARRIED BUSINESS ARISING FROM REPORTS iii) WORKS 1. Moved by Vice Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend to Council that Public Services purchase a new sander box for No. 12 from London Machinery in the amount of $18,730.00, which was deferred from 1997 and placed into 1998 reserves. Furthermore, the purchase of this is to come from 1998 reserves and purchased according to the Towns purchasing policies. CARRIED 2. Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend to Council that Public Services accept the quote from Viking Cives in the amount of $13,087.00 for the purchase of snow plow attachments to complete the new truck in compliance to the Town Purchasing policy. CARRIED ...2 2 i PUBLIC SERVICES COMMITTEE MEETING MAY 6, 1998 - PAGE TWO iv) RECYCLING 1. Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend to Council that the Town of Tillsonburg apply for the Integrated Solid Waste System Award through SWANA. CARRIED Additional Business D) ITEMS 1) RESOLUTION - NORTH DORCHESTER Moved by Deputy Mayor I. Horton, seconded by Councillor B. Smith that the Public Services Committee recommend that this be received and filed, at this time. CARRIED 2) T.E.A. - TORONTO ENVIRONMENTAL ALLIANCE Moved by Councillor S. Lamb, seconded by Councillor C. Rosehart that the Public Services Committee recommend that this be received and filed, at this time. CARRIED 3) MECHANICAL REPAIRS Moved by Deputy Mayor I. Horton, seconded by Vice Chairman B. Smith that the Public Services Committee recommend to Council that Public Services enter into an Apprenticeship Program with the Province of Ontario for a Heavy Duty Licensed Truck Mechanic. CARRIED 4) COMMUNITY TRANSPORTATION IN ACTION Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend to Council that the Director and Michael Graves attend the day sessions of the conference from May 20-22, 1998. Z5 CARRIED ...3 11 PUBLIC SERVICES COMMITTEE MEETING MAY 6, 1998 - PAGE THREE 5) MAPLE LANE P.T.A. Moved by Councillor S. Lamb, seconded by Councillor C. Rosehart that the Public Services Committee recommend that due to Budget restrictions that Public Services offer in kind services to assist in this project, ie: labour for installation and equipment for placing pea gravel, etc. CARRIED 6) BUILDING CODE COMMISSION - DECISION Public Services Committee received as information only. 7) R.C.O. - RECYCLING COUNCIL OF ONTARIO Public Services Committee received as information only. 8) HICKORY HILLS - FENCE PAINTING Moved by Vice -Chairman B. Smith, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend to Council that Public Services apply to Ontario Works for assistance in painting this fence at an estimated cost of $1,000.00 for material. CARRIED 9) 1998 MUNICIPAL TRADE SHOW - JUNE 3 & 4/98 - NAPANEE Public Services Committee received as information and were advised that any Members wishing to attend are to advise the Director. 10) SWANA - 1998 ANNUAL CONFERENCE Public Services Committee received as information only. 11) CITY OF WOODSTOCK - HAZARDOUS WASTE DAY Moved by Deputy Mayor I. Horton, seconded by Councillor C. Rosehart that the Public Services Committee recommend that Tillsonburg thank the City of Woodstock for their invitation to participate and advise that we are not prepared to participate this year, but would like to receive information again next year on this program. ' 26 CARRIED PUBLIC SERVICES COMMITTEE MEETING MAY 6, 1998 - PAGE FOUR 12) TORONTO ENVIRONMENTAL TRADE SHOW & CONFERENCE Public Services Committee received as information only. 13) ZELLER'S MOON WALK Moved by Councillor S. Lamb, seconded by Deputy Mayor I. Horton that the Public Services Committee recommend that the Town of Tillsonburg support the Zellers Moon Walk, Sunday, May 24th, 1998, subject to the Chairperson making appropriate arrangements with the local Police Authorities. CARRIED 14) MRS. BETH BYRNES - REQUEST FOR SIGNAGE Moved by Councillor S. Lamb, seconded by Councillor C. Rosehart that the Public Services Committee recommend that due to the grade of Lorraine Avenue that the request for the installation of "Caution Children Playing" signs be approved. CARRIED 15) MUNICIPAL ROUTES Public Services Committee received as information only. 16) 1998 WASTE REDUCTION WEEK Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend that this be received and filed. CARRIED 17) REINCARNATE VEHICLE RECYCLING PROGRAM Moved by Deputy Mayor I. Horton, seconded by Councillor S. Lamb that the Public Services Committee recommend that the Town of Tillsonburg support this program and circulate information on this program to the local Police Services and the Town Office. CARRIED ...5 PUBLIC SERVICES COMMITTEE MEETING • MAY 61 1998 - PAGE FIVE 18) REQUEST FOR NO PARKING - 87 TILLSON AVENUE Moved by Deputy Mayor I. Horton, seconded by Councillor C. Rosehart that the Public Services Committee recommend that the affected property owners on both sides of the alley in this area be notified of the intent of implementing the Town Bylaw. CARRIED 19) SIGNAGE - TILLSONBURG PUBLIC SERVICES BUILDING Staff direction that quotes be received for placing new signs on the building at 20 Spruce Street to reflect Public Services and the Departments under the jurisdiction of the Public Services Committee. 20) UNLICENSED VEHICLES ON STREETS AND IN PARKING LOTS Moved by Deputy Mayor I. Horton, seconded by Vice Chairman B. Smith that the Public Services Committee recommend that the Town of Tillsonburg in co-operation with Tillsonburg Police Services, remove any vehicle which is unlicensed from Town property immediately and at the expense of the vehicle owner. CARRIED 21) OPEN HOUSE - LONDON STREET RECONSTRUCTION - APRIL 30, 1998 Public Services Committee received as information only. 22) DELEGATION PRESENT: Dancy Memorials - Walter Dancy & Margaret Norman Ingersoll Memorials - Doug Petit Monuments by Design - Dave Rolley Committee Members received information from the delegation regarding why Municipalities should or should not get involved in providing services to the public as generating revenues. Chairman D. Beres thanked the delegation for their attendance. Members reviewed the proposal of Monuments by 0OP Design and passed the following motion: "That the Public Services Committee recommend to Council SM that we adopt a computer sales program for monument sales at the Cemetery to generate revenues selling monuments in the area and furthermore, existing companies be invited to submit a proposal to provide this service to Public Services." PUBLIC SERVICES COMMITTEE MEETING MAY 61 1998 - PAGE SIX 23. TAXI PARKING REQUEST - OXFORD STREET Staff direction that the applicant be advised that this request is to be reviewed under the new parking proposal for the Town at our next meeting. Meeting Adjourned The June meeting of Public Services will be at the call of the Chair. 9 L 9 AREPORTS OF BUILDING & PLUMBING PERMITS ISSUED FOR THE MONTH OF a APRIL 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 9 36 31 872,050. 31205,665. NEW MULTIPLE UNITS 1 2 - 5 units King Richard 450,000. 734,800. NEW APARTMENT UNITS - - 3 - - REPAIRS RENOVATIONS 5 13 19 16,200. 94,210. ACCESSORY GARAGE/CARPORT - 1 - - 15,000. SWIMMING POOLS 1 1 - 13,500. 13,500. DEMOLITION OF UNITS - - 1 - - MOVING OF UNITS - - - - - AGRICULTURAL BUILDING - - - - - COMMERCIAL NEW BUILDINGS - - 2 - - ADDITIONS - - 2 - - REPAIRS & RENOVATIONS - 3 5 74,000. DEMOLITION - - 1 - - MOVING OF UNITS - - - - - SIGNS - 1 1 - 11900. INDUSTRIAL NEW BUILDINGS - - 1 - - ADDITIONS - 1 2 - 212,400. REPAIRS & RENOVATIONS 1 1 2 MARWOOD 18,000. 18,000. DEMOLITION - - - - - INSTITUTIONAL NEW BUILDINGS - 1 - - 2,308,000. ADDITIONS - - - - - REPAIRS & RENOVATIONS 1 1 - HOSPITAL 330,000. 330,000. MOVING OF UNITS - - 1 - - TOTAL 18 61 11699,750. 7,007,475. LAST YEAR TO DATE 71.1 11,660,314. 410501549. a CHIEF BUILDING OFFICIAL ACTIVITIES REPORT BUILDING INSPECTION: PROPERTY STANDARDS: BY-LAW ENFORCEMENT PLUMBING TOTAL INSPECTIONS ALL TYPES MEETINGS/SEMINARS: APRIL 1998 PERMITS ISSUED - 18 COMPLIANCE CERTIFICATES - 28 WORKS ORDERS ISSUED - / INSPECTIONS - 66 COMPLAINTS RECEIVED - 2 SITE INSPECTIONS - 2 NOTICE ISSUED - / ORDER ISSUED - / COMPLIED WITH - 2 COMPLAINTS RECEIVED - / WEEDS - / ZONING - / GARBAGE - / SIGNS - INQUIRIES - 4 FENCING - INQUIRIES - 5 SNOW - / INSPECTIONS - 4 NOTICE ISSUED - / ORDER ISSUED - / COMPLIED WITH - / PERMITS ISSUED - 15. INSPECTIONS - 30 - 102 31 ;M ; � - CORPORATION OF THE TOWN OF TILLSONBURG ' +. � * 20 Spruce Street '�.. Tillsonburg, Ontario PUBLIC SERVICES N4G 4Y5 BUILDING - 842-2211 WORKS - 842-5951 CEMETERY - 842-3522 (519) 842-8775 - Fax April 29, 1998 MEMO TO: M. C. COWAN, DIRECTOR OF PUBLIC SERVICES FROM: EMILY PURCHASE, RECYCLING COORDINATOR RE: RECYCLING REPORT, APRIL 1998 1. The Transfer Station is seeing some heavy use, normal for this time of year. At least one non-Tillsonburg resident was turned away at the gate. 2. Town of Georgina (York Region) requested Tillsonburg Total Recycling information. 3. Presentation of Total Recycling at the Oxford County Waste Management Committee meeting, April 2, 1998. 4. Meeting with Town of New Tecumseth Recycling Committee April 6, 1998, to discuss the Total Recycling option. Committee members were very interested in the system. 5. Meeting with Town of Strathroy Recycling Committee April 8, 1998, regarding public relations and improving curbside collection quality. 6. City of Woodstock Mayor and Public Works representatives toured TCR in Aylmer on April 27, 1998. M. C. Cowan and E. Purchase also attended to attest to the success of the system. 7. We have had some calls concerning Spring branch and leaf disposal. While some residents are unhappy about not receiving Spring collection, others have accepted the Transfer Station and Site #2 disposal options and several Tillsonburg yard maintenance businesses have benefitted. 8. Recycling lecture at Elliott Fairbairn grade 3/4 class. 9. Pitch -In Week May 4-10. Pitch in Canada sent 100 free collection bags. Front-page article in the Tillsonburg News advertised the bags and Public Services offer to pick up litter collected by Pitch -In volunteers. Three schools and a Hickory Hills couple have already used some of the Pitch -In bags to clean up around Tillsonburg. 2 32 ... A Page 2 10. Garbage in Fox Alley. Property owners from Brock Street West to Baldwin with properties abutting Fox Alley have been sent first notice about the garbage problem and that Committee is considering enforcing use of garbage bins and owner responsibility for abandoned garbage. 11. Due to inability to comply to the Total Recycling System, Sam's Restaurant has been advised that Town will no longer pick up their waste. Earlier this year, Sam's switched from private collection to Town collection, with verbal agreement to source separate their waste. Recycling collectors constantly complained about the poor state of the collection bin behind Sam's in Fox Alley. Several phone calls were made and several letters and educational material were sent with no improvement. 12. April 23, 1998, Town of Tillsonburg was presented with a Recycling Council of Ontario (RCO) Gold Waste Minimization Award for Municipal Waste Reduction Achievement, and Honourable Mention in the category of Outstanding Municipality for significantly contributing to the minimization of waste in Ontario. Last year, 16 municipalities received Gold awards. This year, only 4 municipalities were presented with Gold achievement. RCO raised the Gold level waste per capita from 300kg/capita in 1996 to 150kg/capita in 1997. Tillsonburg's very low waste per capita rate of 104kg/capita in 1996 may have been a factor in the RCO's decision to raise their standards for the 1997 awards. It is suggested that the Honourable Mention certificate be plaque mounted for display with Tillsonburg's other recycling awards. 13. SWANA Awards submissions are due on June 1, 1998. Tillsonburg Total Recycling qualifies for the category of "Integrated Solid Waste System" and a possible Innovation Award. This year's entry fee is $125. 33 0 Minutes of the Tillsonburg Transit Advisory Committee meeting held April 16th, 1998, at 4:30 P.M., at 20 Spruce Street, Tillsonburg, Ontario. MEMBERS PRESENT Eric Barwell Muriel Mann Micheal Cerna Councillor Gayle Leachman Councillor Dave Beres ADMINISTRATION Mike Graves, Administrative Assistant Mark Cowan, Director GUESTS Councillor Chris Rosehart CALL TO ORDER Chairman E. Barwell called the meeting to order. ADOPTION OF AGENDA AS AMENDED Moved by Councillor D. Beres, seconded by Councillor G. Leachman, the adoption of the agenda, as amended. CARRIED ADOPTION OF MINUTES - MARCH 19, 1998 Moved by M. Cerna, seconded by M. Mann the adoption of the minutes of the meeting held March 19th, 1998. CARRIED BUSINESS ARISING FROM MINUTES 1. ADVERTISING POLICY Members reviewed advertising policies of other Municipalities, ie: London, Woodstock and Hamilton. Moved by Councillor G. Leachman, seconded by M. Cerna that the existing transit advertising policy for Tillsonburg remain the same. CARRIED 2. NEVADA OUTLET Members are still seeking an alternative outlet to raise revenues. y 3 4 cit TRANSIT ADVISORY COMMITTEE APRIL 16, 1998 PAGE TWO 3. MONTHLY BUDGET Members reviewed reports from Public Services and the Treasurer, as of February 1998. Received as information. Moved by Councillor G. Leachman, seconded by M. Mann that the Transit Advisory Committee recommend to Council that the $10,000.00 Provincial Grant designated to Transit, be placed in Transit reserves for the future use of the Transit system for operations or capital acquisitions. 4. 1998 HOME & REC SHOW fMembers were advised that there no booth ,s available at the 1998 Home & Rec Show. Information only. 5. FUND RAISING M. Graves reported that a donation of $300.00 was received from Our People of the Bank of Montreal. 6. CONTRACT Members received a copy of the preliminary contract for the Committee's review prior to the next meeting. 7. SERVICE CLUB SIGNS Service club signs on the bus are to be reviewed by Staff. 8. AREA OF TRANSIT SERVICE Area of Transit service is to be reviewed by Staff. Moved by M. Cerna seconded by M. Mann that the meeting be adjourned. Minutes prepared by Director M. Cowan. For errors or ommissions please contact this office. • THE CORPORATION OF THE TOWN OF TILLSONBURG DEVELOPMENT/CULTURE COMMITTEE MINUTES MINUTES of the meeting of the Development/Culture Committee held Tuesday, April 28th, 1998 at 7:30 P.M. in the Committee Room. PRESENT: Chair B. Carroll, I. Horton, S. Molnar, G. Leachman, Staff: F. Bell Also Present: R. Godby - President, Tillsonburg Flying Club L. Lee P. Harris, Chair, Airport Advisory Committee ORDER OF BUSINESS A. Delegation The chair recognized the guests in attendance who indicated they were present to answer any questions members of the committee might have regarding skydiving. A general discussion followed regarding the concerns of the Tillsonburg Flying Club and C.H.A.A. towards skydiving. B. Adoption of Agenda Moved by G. Leachman, Seconded by S. Molnar: "THAT the agenda be adopted with the additions of the site plan for Larry French, and the correspondence from the C.H.A.A. and Babcock Farms." CARRIED. C. Minutes Moved by S. Molnar, Seconded by G. Leachman: "THAT the minutes of the meeting of March 24th, 1998 of the Development/Culture Committee be adopted as printed." CARRIED. D. From Minutes dj 3.6 -2- E. Reports 1. The Economic Development Officer's report of February/ March, 1998 was received as information. 2. Airport Advisory Committee Minutes Moved by I. Horton, Seconded by S. Molnar: "THAT the Development/Culture Committee recommend to Council that the minutes of the Airport Advisory Committee of April 16, 1998 be adopted and the recommendations contained therein." CARRIED. 3. Tourism Advisory Committee Minutes Moved by I. Horton, Seconded by S. Molnar: "THAT the Development/Culture Committee recommend to Council that the minutes of the Tourism Advisory Committee of April 7th, 1998 be adopted and the recommendations contained therein." CARRIED. 4. The Department Activity report summary for the period ending March 31, 1998 was received as information. F. Other Business 1. The minutes of the Museum Board of March 26th, 1998 were received as information. G. Other Business 1. Speaker - Industrial Appreciation Evening Suggestions for a speaker TRW or Mrs. Hilary Weston. asked to consider changes for the next meeting. included the President of Committee members were to the format and awards 2. Ground Lease - Tandems 'R Us A survey of ground lease rates at other airports and a report from the Economic Development Officer were reviewed. Moved by I. Horton, Seconded by S. Molnar: "THAT the Development/Culture Committee recommend to Council that the lease rate for the ground lease under the Tandems 'R Us clubhouse be 17fi per square foot, net, net, net and further, that a review of the fee structures at the airport be undertaken by the Airport Advisory Committee." CARRIED. � -3- 3. Site Plan - K & M Investments K & M Investments proposes to build a 15,000 sq. ft. plant on Spruce Street. It was noted that the proposed site plan met all zoning requirements. Moved by G. Leachman, Seconded by I. Horton: "THAT the Development/Culture Committee recommend to Council that the site plan for K & M Investments be approved as presented and subject to the comments from the Director of Public Services." CARRIED. 4. Site Plan - Larry French Mr. French is proposing to expand the mini -storage space on his site by 2,100 square feet. It was noted that his proposals meet the zoning requirements. Moved by I. Horton, Seconded by S. Molnar: "THAT the Development/Culture Committee recommend to Council that the site plan proposals be approved subject to the applicant providing a survey with locates, and verification to the Chief Building Official's satisfaction that the location of the building meets the provisions of firefighting as outlined in the Ontario Building Code." CARRIED. 5. Correspondence - C.H.A.A. and Babcock Farms Moved by S. Molnar, Seconded by I. Horton: "THAT the correspondence of April 27th, 1998 from the C.H.A.A. and Mr. Babcock be referred to the Airport Advisory Committee." CARRIED. Moved by S. Molnar, Seconded by I. Horton: "THAT the Development/Culture Committee move into closed session to recommend the Economic Development Officer's report." CARRIED. Moved by S. Molnar, Seconded by G. Leachman: "THAT the Development/Culture Committee move back into open session." CARRIED. Motion to adjourn at 9:30 P.M. ECONOMIC DEVELOPMENT COMMISSIONER REPORT FOR THE MONTH OF FEBRUARY/MARCH, 1998 A. Inquiries Received: No. Active (1) For New Industrial - Land - Building Space 4 (2) For New Commercial - Land 1 - Buildings (3) From Existing Industries - Expansions - Other Needs (4) From Existing Business (5) For New Business Assistance 2 B. Contacts Made to: Telephone Visits (1) Local Industries: - Product Opportunities - Employment Requirements - Other 5 - Gov't Programs - Federal - Provincial - County - Local Business (2) Gov't - Federal - Provincial -Trades & Industry I -Tourism 1_ - Other - Local Organizations (3) Land Owners - development strategy 2 No. Total C. Land Inventory: Parcels Acres (1) Municipal - Serviced 3 47 - Optioned -Serviced -- -- - Optioned-Unserviced -- -- (2) Private - Available Land (Serviced) 2 26.5 Buildings 3 Land (Unserviced) 4 275 D. Meetings/Seminars Attended Date Event Purpose March 13/98 Site Selection Seminar London E. Airport Traffic for the month of March, 1998: Local: 68 Itinerant: 117 TQ al: 185 YTD: 603 1997 YTD: 351 .� 6 THE CORPORATION OF THE TOWN OF TILLSONBURG AIRPORT ADVISORY COMMITTEE utlwircir aO MINUTES of the meeting of the Airport Advisory Committee held Thursday, April 16th, 1998 at 7:00 P.M. in the Committee Room. PRESENT: Chair P. Harris, K. Holland, C. Fox, R. Godby, E. Barwell, G. Leachman Staff: F. Bell, S. MacRae, D. Morris ALSO PRESENT: C. Rosehart (7:15 P.M.) T. Monk - Tandems 'R Us Rob Witter - Tandems 'R Us Deborah Witter - Tandems 'R Us Grant Mitchell - Pilot T. J. Lilliman Ron Wilton - President, C.H.A.A. ORDER OF BUSINESS A. Minutes Moved by K. Holland, Seconded by E. Barwell: "THAT the minutes of the meeting of March 19th, 1998 be adopted as amended." CARRIED. B. From Minutes C. Reports 1. The Airport Traffic report for the period ending March 31st, 1998 was received as information. It was noted traffic has increased substantially. 2. The Fuel Sales report for the period ending April 2, 1998 was received as information. Fuel sales have increased over 1997. '' 40 -2- 3. The Airport Manager advised that the airshow planning is progressing well. Bill Carter will be the opening act. A number of runway lights are in need of replacing. Public Services will provide an estimate to repaint the runway markings and do crackfilling. 4. The Department Activity report to the end of February was received as information. 5. P. Harris presented a report from the sub -committee meeting of April 7th, 1998. The report was received as information. D. Other Business 1. Delegations Mr. Lilliman provided a letter (attached) to the committee members regarding liability issues with skydiving. The Clerk -Administrator advised committee members that a requirement of the lease was that a waiver of liability must be signed by all skydivers. The content of the waiver should include a reporting process if a jumper lands off the drop zone, compensation arrangements, and an obligation on the part of the jumper to identify himself. Mr. Witter indicated his willingness to sign a hold harmless agreement with each farmer. The Tillsonburg Flying Club, C.H.A.A. and Tandems 'R Us agreed to continue working together on an operational manual for pilots. 2. Correspondence - Tillsonburg Flying Club and C.H.A.A. The Chair asked if the issues raised in the letter from the Tillsonburg Flying Club had been addressed. Mr. Godby requested a copy of any information provided to the Town addressing the liability concern. The Chair asked the President of C.H.A.A. if the issues raised in their letter had been addressed. Mr. Wilton advised that the letter expressed the concerns of the Board of Directors. He requested that C.H.A.A. be included in the waiver of liability. He requested that a copy of the waiver and the portion of the lease addressing liability be forwarded to him. 41 -3- 3. Realignment of Tie Down Area and Extention of Taxiway C. Fox presented a concept drawing to extend the existing taxiway. This plan would assist in easing congestion, increase sfety and help aircraft movement. He indicated that equipment has been offered and that the Flying Club and C.H.A.A. will provide volunteers to help. R. Godby offered to provide an estimate of the materials and fill required. The Economic Development Officer was asked to find sources of grass seed and topsoil, perhaps from other departments. This item will be brought to the next meeting for further discussion. 4. Tree Cutting This item was deferred to the next meeting pending a written report from David Holmes. 5. Other The next meeting will be held on Thursday, May 14th, 1998 at 7:00 P.M. Motion to adjourn at 8:35 P.M. ' 4-2 Tillsonburg, Ontario Wednesday, April 15, 1998 The Members Airport Advisory Committee Tillsonburg, Ontario Dear Members: This letter is my attempt to represent and protect the interests of farmers and property owners in the area of the Tillsonburg Airport, with regard to the legal and monetary hazards posed to them by the proposed re -introduction of skydiving at the airport. It is also an attempt to alert you to the liabilities you will expose each member of this committee to should you recommend to Town Council that it approve the skydive operation. Those hostile to my attempts to inform the decision -makers in this case keep trying to find out why I'm doing this. The answer is simple: what's been going on so far is not right. You and Council are being asked to make decisions without having acccurate information. Those decisions could have devastating effects on the farmers and property owners who in good faith believe that council has properly researched the matter and is upholding the standards of public duty and protection entrusted to them. I have no hidden agenda. I have no aircraft based at Tillsonburg Airport. I do not own land or farm nearby, and have no intention of doing so. I have simply been fortunate enough to chance on information which alerted me to the civil liability, criminal, and property risks to which farmers and landowners near the airport are vulnerable. I have also had the time to track down the specific statutes which apply here. If, after studying this submission, you recommend to Town Council that it approve skydiving at Tillsonburg Airport, you can not say that you were not aware of the hazards. You will have knowingly and wilfully exposed neighbouring farmers and landowners to trespassing and property damage with impunity, as I will demonstrate, and to liabilities which are specifically excluded from their standard farm insurance policies, as I will also demonstrate. Trespassing and Property Damage with Impunity: The Trespass to Property Act (see enclosed) states: "Anyone who enters the premises or engages in a prohibited activity there, withoid express permission, is guilty of an offence..." 43 Skydiving in Canada is not a prohibited activity. In addition, Transport Canada, which regulates aviation activity through air regulations known as CARs, states, CAR 602.12, in effect, that in the case of an emergency, a person can land an aircraft anywhere without fear of prosecution. The CARs define an aircraft as "any machine capable of deriving support in the atmosphere from the reactions of the air. " Skydivers have interpreted these two clauses as express permission for them to land on anyone's property in an emergency. Refer to the letter, enclosed, from Skydive Swoop to Mr. and Mrs. Love, farmers near Grand Bend, dated July 20, 1996: "We always regret having to land on anyone else's property and consider these emergency landings. These landings sometimes happen because of unexpected wind changes occurring after takeoff, or after exiting the airplane." In other words, just about every landing can be considered an emergency landing, and there really is no way to prove otherwise. A skydiver who lands on private property is not guilty of any offence, as he is not engaging in any prohibited activity, and as he has been given express permission. The Trespass to Property Act goes on to state: "Anyone who enters the premises or engages in a prohibited activity there, without express permission, is guilty of an offence, as is anyone who fails to leave the premises immediately after being asked to do so." There is no requirement that the person leave by the most direct route possible, nor that they take the route the landowner chooses. The Trespass to Property Act goes on to state: "If a trespasser refuses to leave, or if prosecution may be necessary because of damages, you will need the entrant's name and address. " There is no law in Canada that requires an individual to tell his name and address to anyone. Even if a person is stopped by a police officer, he is only required by law to produce identification. But he is not required by law to tell anyone his name or address. And in the case of the incidents at Grand Bend, not only did trespassing skydivers and their retrieval crews repeatedly refuse to give their names and addresses, the landowners were threatened with trespassing charges when they went to the skydive headquarters in attempts to get these names! See the enclosed letter from Jack Riddell, Public Affairs Consultant, to the Canadian Sport Parachuting Association dated July 29, 1996. If a farmer or landowner cannot get the trespasser's name and address, he cannot make a claim against the trespasser's insurance. He cannot lay a charge against the trespasser. And without a charge, will the landowner's insurance cover damage to his crops, equipment or buildings? 44 2 The Trespass to Property Act goes on to state: "If a trespasser will not give you their name, you may arrest them -- that is, impose restraint on their liberty, either by the use of reasonable force, or the implied threat of force. The occupier must then promptly call for assistance of a police officer and give the person arrested into the custody of the officer. " First of all, just picture the farmer or his wife "restraining" an unco-operative skydiver in the middle of a 100 -acre field, then dragging him to her kitchen and keeping him there while she calls police and waits for an officer to arrive. Would you realistically attempt this? Then, the legal implications: the trespasser wants to leave, but the landowner won't let him! The trespasser is entirely within his rights to press charges of forcible confinement. Then, even worse, if he develops a sprained shoulder or other injury, he is entirely within his rights to claim the farmer or landowner used excessive or improper force, press criminal charges, and launch a civil lawsuit. If the farmer or landowner attempts to use the provisions of the Trespass to Property Act to protect himself, he necessarily exposes himself to criminal charges and civil liability. Even if he is ultimately successful in law, how much will it cost him to defend himself? Exposure to Specifically Excluded Liabilities: The hazard to farmers and landowners in this regard comes from the combination of two documents: Ontario's Occupiers' Liability Act, and the farmers' insurance policy. Under the Occupiers' Liability Act, the law has established what it calls "A Basic Duty of Care", which requires occupiers to do "what is reasonable in the circumstances" to see that persons using their premises are not harmed, either by the condition of the property,or by activities on the premises. Occupiers also cannot act with reckless disregard of the presence of entrants. Normally, if a farmer or landowner is charged under the Occupiers Liability Act, that farmer or landowner's insurers would step in to pay the considerable costs of proving that the farmer did indeed act "reasonably", or that there was no "reckless disregard" on his part. And if the judgement ultimately went against the farmer/landowner, the insurer would cover the costs of the settlement up to the insured amount. However, it is my belief that the decision -makers in this case will be acting in a negligent manner if they do not inform the farmers and landowners in the neighbourhood of Tillsonburg Airport that: THEIR FARM INSURANCE POLICIES SPECIFICALLY EXCLUDE ANY COVERAGE FOR LIABILITY RELATED TO AVIATION. WHI Refer to the enclosed exerpt from the Standard Policy Manual which is used by all the Farm Mutual Insurance Companies in Ontario. On page 5-4, under Part IV -- Exclusions, Section 6 specifically excludes from coverage: "Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of a) any air cushion vehicle or any aircraft;" This exclusion is not limited to aircraft owned by the insured. Elsewhere in the same document, for example, Section 8 referring to watercraft specifically states that the exclusion is restricted to "any watercraft owned by an insured." On the same page, Section 7 specifically excludes from coverage "Any liability arising out of the ownership, existence, use or operation of any portion of the Premises for the purpose of an aerodrome, airport or aircraft landing facility, and all operations necessary, or incidental thereto. " The farmer and landowner, and you as well, may argue that these sections should be interpreted as applying only if the landowner has an airstrip on his farm, or if he has agreed to allow aircraft or skydivers to land on his property. However, that is not what the policy says. What the policy does say is that should a skydiver land in a farmer's irrigation pond and drown, or land on a combine and be injured, or destroy his parachute when blown into a line of snow fence, the farmers' insurers will not protect him against claims of bodily injury, property damage, or liability, nor will the insurers pay for the farmers' legal defence costs against any such claims. It is my contention that the members of the Tillsonburg Airport Advisory Committee and Tillsonburg Town Council ought to have apprised themselves of this information before undertaking any decision on the resumption of skydiving activities at Tillsonburg Airport. It is also my contention that, now that you have been apprised of this information and knowing that the neighbouring farmers and landowners will largely be unaware of the repercussions for them in the even of any incident, deciding now to allow skydiving to resume at Tillsonburg Airport would demonstrate disregard for the rights of citizens to be informed participants in decision-making on issues that may affect them. A vote in favour at this point could also be interpreted as knowing and wilful exposure of area farmers and landowners to a situation in which their insurance coverage may be void, to the risk of criminal charges and civil lawsuit in the defence of their own property, privacy, and right to farm, and to financial losses from legal defence costs and time off work in that defence, not to mention unrecoverable damage to crops, equipment and buildings. 46 4 It is my final contention that the Airport Advisory Committee and Tillsonburg Town Council should take whatever steps necessary to adequately inform all farmers and landowners within a five mile radius of Tillsonburg Airport of the information contained in this submission, to allow adequate time for these farmers and landowners to absorb, investigate and respond in writing to this information, and then and only then make a decision on the resumption of skydiving at Tillsonburg Airport. Sincerely, J T. J. Lilliman 3. OBTAIN INFORMATION FOR LAYING CHARGES... If a trespasser refuses to leave, or if prosecution v fy be necessary because damages, you will need the entrant's name and address. It is also a good idea to note the facts surrounding the incident, including the date, time, conduct of -- the parties involved and the names of any witnesses. 4. ARRESTING A TRESPASSER 8 N If a trespasser will not give you their name, you may arrest them — that is, impose restraint on their liberty, either by the use of reasonable force or the implied threat of force. The trespasser should be informed of the fact that they are being arrested, and of the reasons for the arrest. The occupier must then promptly call for the assistance of a police officer and give the person arrested into the custody of the officer. Arresting someone is a serious act and should be considered only if all other options have failed. Also, using excessive or improper force in an arrest can leave you open to both criminal charges and civil liability. Only a police officer has the power to arrest someone once they have left the occupier's premises. P(oW Efts aRREsr 5. HOW TO LAY CHARGES... If you know the identity and the address of a trespasser, you may lay an "information" before a local justice of the peace. The laying of an information under oath commences the proceedings against a trespasser, and must take place within six months after an offence is alleged to have been committed, if the justice of the peace believes it is appropriate. A summons will be issued to the person charged. The complainant is responsible for appearing in court on the appointed day and proving that the defendant committed the offence. "'.! :`S The maximum fine under this act is $2,000. The court may also order a convicted trespasser to pay the occupier up to $1,000 for proven damages. If damages are greater than $1,000, the occupier may bring a separate civil action against the trespasser. The defendant may also be held liable for the costs of a successful private prosecution. j4-� ' 48 9 oz� � SWOOP PO Box 201 Grand Bend, Ont. NOM iT0 Mr. Gerald and Mrs. Brenda Love RR #3 Parkhill, Ontario NOM 2K0 July 20, 1996_ Dear Mr. and Mrs. Love: TEL: (519) 238-8752 FAX: (519) 238-5209 Please consider this letter a sincere apology for any damage caused by SWOOP parachutists landing in your field. These landings are absolutely not intentional, as we have two well marked landing areas on our property, one for non -experienced jumpers, and another, nearer our building, for experienced jumpers. We always regret having to land on anyone else's property, and we consider these emergency landings. These landings sometimes happen because of unexpected wind changes occurring after takeoff, or after exiting the plane. If the wind change occurs after exit, there is no way to corrcct for h. Our skydivers are aware that farmers around us depend on their crops for a living. We take great care to do as little damage as possible while exiting a field if we are forced to land there. If you find there is significant crop damage in your field because of SWOOP parachutists, we would be happy to reimburse the value of the loss to you, as judged by an independent estimator, or as agreed upon between us. We wish you to have a successful season. We hope to re-establish a good and trusting relationship with you. In past we have had this, and we never minded the various times you and other area farmers drove tractors over our land, and baled up the grass in our landing area for your own use. We consider this a part of being good neighbours. We also consider our being here a benefit to the community. We were proud this year to host the Canadian Nationals, where teams were chosen to represent Canada in the World finals. Because of this, the Township, and the City of Grand Bend, including merchants and service providers, benefited financially, and achieved excellent exposure that will last well into the next calendar year. If you have any serious concerns, you may contact us here at the above number and we would be glad to discuss reimbursement. Yo rs ru. -t. � Mike Crow, President John Csenkey, Director r .. 4iz1,,n, Director, Secretary Mary Watson, Director, Chief Instructor 49 INTROIllLi(CION 1!:)V;/ I':) RFC-' Nl7i: The Trespass to Property Act is designed to give occupiers very clear control over the entry and use of their premises. The act also facilitates recreational use of private land, by providing a simple marking system to indicate where and how the property may be used. The intent of the act is to encourage shared recreational opportunities, while discouraging trespassing. Premises protected by the Trespass to Property Act include lands and structures, water, ships and vessels; trailers and portable structures designed for residence, business or shelter; trains, railway cars, vehicles and aircraft, except while in operation. Anyone who enters the premises or engages in a prohibited activity there, without express permission, is guilty of an offence, as is anyone who fails to leave the premises immediately after being told to do so. Anyone convicted of an offence under the Trespass to Property Act is liable to a fine of up to $2,000. The court may also order the trespasser to pay damages of up to $1,000, as well as the costs of prosecution. These are a few examples of offences under the Trespass to Property Act-. • A person who enters an area of a building set aside for staff, and posted as such, commits an offence unless specific permission to be there has been given, orally or in writing. Once the prosecutor has proven that the defendant was in the prohibited location, it is up to the defendant to prove that express permission was given to be there. • If land has been posted with signs showing that hiking is permitted, but that hunting is not, a person who enters as a hiker and then engages in hunting would be guilty of an offence. _ � 9 71 • A person who fails to leave the premises after they have been asked to do so is guilty of an offence, even if they ppreviously had done nothing wrong. In the case of 00 someone who has paid to be on the premises, such as a ticket holder in a theatre, that person may be able to claim a refund or damages as a result of being required to leave. To avoid breaches of the peace, though, a person will have to leave first and argue later. 5J i RI-m1SES \\'NITRE. EN -Flt)' 1>: Gt.I2OI-I I l3l'I'Li i ) 1. WHERE ENTRY IS PROHIBITED WITHOUT NOTICE... ' The law states that entry to certain premises is prohibited, even though no notice is given. Such property includes: • gardens, fields or other land under cultivption; • winter crops, orchards, vineyards or lawns; • premises where trees of less than two metres (six feet) have been planted; • woodlots on primarily agricultural land; • land enclosed in such a way as to keep people out, or animals in. 2. WHERE ENTRY IS PROHIBITED BY NOTICE... Oral or written notice... The occupier of property may prohibit entry to premises, either orally or by written notice, which may be in the form of a letter. It is then an offence for an uninvited person to enter. f Notice by signs... An occupier of premises can use written signs or graphic -'_2;,` illustrations of activities allowed or prohibited. A diagonal line drawn through 9 '' the word or illustration gives i r` i notice that entry or a specific jd + activity is prohibited. It is an offence to enter any property where signs have been posted showing that entry is prohibited. Such signs include "No Trespassing", "No Entry', "Entry Prohibited" or "Keep OUT". — •— f,, �IKEE !1 OUT II _Jf I 5 i THE "BASIC DUTY OF CARE" Until 1980, the law governing occupiers' liability was very complex and also discouraged occupiers of rural property from allowing people to use their land — there was just too much danger of being sued if someone happened to hurt themselves while on your premises. Premises include lands, water and structures. The law in effect today establishes a "Basic Duty of Care". It also establishes several situations in which the "Basic Duty of Care" does not apply. The law requires that occupiers do what is reasonable in the circumstances to see that persons using their premises are not harmed, either by the condition of the property, or by activities on the premises. The standard for this "Basic Duty of Care" is always what a reasonable person would do in the circumstances. For example, it is probably very reasonable for an occupier surrounded by wilderness not to fence his or her land. On the other hand, it could be unreasonable for a construction company not to fence one of their construction sites. WHEN THE "BASIC DUTY OF CARE" DOESN'T APPLY The "Basic Duty of Care" doesn't apply to four different types of entrants. These are people who willingly assume their own risks or who are deemed by law to assume their own risks. Even in these circumstances however, the occupiers cannot set traps by deliberately creating a danger, with the intention of harming either the entrants or the entrants' property. Occupiers also cannot act with reckless disregard of the presence of entrants. 1. IF YOU ARE AN ENTRANT WHO WILLINGLY ASSUMES RISK... The "Basic Duty of Care" does not apply to people who know the possible dangers and choose freely to accept legal responsibility for the chance of injury when they enter the premises. It has been decided in court, for example, that spectators at a hockey game know there is a risk of being hit by a puck flying into the stands, and assume the risk for this kind of injury when they choose to watch a game. The occupiers of premises also have some freedom to limit their liability to entrants if they give notice that the entrant assumes certain risks associated with the activity. 2. IF YOU ENTER FOR CRIMINAL PURPOSES... Anyone who enters another person's premises with the intention of committing a criminal act is deemed by law to willingly assume all risks. 3. IF YOU ARE A NON-PAYING, BUT PERMITTED RECREATIONAL ENTRANT ON MOST RURAL LAND... Any non-paying entrants, including children, are responsible for their own safety when they enter rural premises for permitted recreational purposes. Rural premises include cultivated fields, orchards, pastures, woodlots and farm ponds. Non-paying entrants are also responsible for their own safety when they enter road allowances, reasonably marked private roads and recreational trails. The law reflects the self-reliance of most people who enjoy sports and recreation in our countryside. You accept and respect the environment as you find it. 4. IF YOU DONT HAVE PERMISSION TO ENTER MOST RURAL PREMISES... All entrants on most rural property, including children, who do not have express permission to enter, are responsible for their own safety. This law applies to non - recreational as well as recreational activities. For example, anyone walking to school or work across countryside that has not been posted or marked assumes r6 rift' invn1vPd 61 LIVUSIONS A.2, A.3a A.4 do not apply to: s use Premises unless stated on the Declaration Page, or to any red, or to any Business Property; 2. The rendering of or the failure to render professional services; 3. Bodily Injury or Property Damage arising out of any act or omission in connection with Premises (other than the Premises insured), owned, rented or controlled by an insured, but this exclusion does not apply to Bodily Injury, sustained by a Residence Employee arising out of and in the course of his or her employment by an insured; 4. The transmission by an insured of any communicable disease; 5. Any environmental liability of an insured for: (a) Bodily Injury and Property Damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (i) at or from Premises owned, rented or occupied by an insured; (ii) at or from any site or location used by or for an insured or others for the handling, storage, disposal, processing or treatment of waste; (iii) which are at any time transported. handled. stored, treated, disposed of. or processed as waste by or for an insured or any person or organization for whom the Insured may be legally responsible; or (iv) at or trom any site or location on which an insured or any contractors or subcontractors working directly or indirectly on behalf of an insured are performing operations: 1. if the pollutants are brought on or to the site or location in connection with such operations; or 2. if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralise the pollutants. (b) any loss, cost or expense arising out of any govemmental direction or request that an insured test for, monitor, clean up, remove. contain, treat, detoxify or neutralize pollutants; (c) fines, penalties, punitive or exemplary, damages arising directly or indirectly out of the discharge, dispersal, release br escape of any pollutants. Sub -P g (i) and (iv)1 of paragraph (a) of this exclusion do not apply to Bodily Injury, or Property Damage caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a "hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, adds, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 6. Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of: (a) any air cushion vehicle or any aircraft; or (b) any Motor Vehicle owned or operated by, rented or loaned to any insured, but this does not apply to Bodily Injury or Property Damage occurring on the Premises insured if the Motor Vehicle is not required to be registered under any government authority because it is used exclusively on the Premises insured or kept in dead storage on the Premises insured; or (c) any Recreational Vehicle owned by any insured, if the Bodily Injury, or Property Damage occurs away from the Premises insured, but this does not include golf carts while being used for golfing purposes. Exclusions (b) and (c) do not apply to Bodily Injury sustained by a Residence Employee arising out of and in the course of his or her employment by an insured. 7. Any liability arising out of the ownership, existence, use or operation of any portion of the Premises for the purpose of an aerodrome, airport or aircraft landing facility, and all operations necessary, or incidental thereto. 8. Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of any watercraft owned by an insured, if the watercraft: (a) has inboard or inboard -out rd motor power of more than 38 kW (50 HP); or (b) has outboard motor power, singly or in combination, of more than 12 kW (16 HP) in ail; or (c) exceeds 8 metres (26 ft.) in overall length. This exclusion does not apply to: (a) Bodily Injury or Property Damage occurring on the Premises insured; or (b) Bodily Injury to any Residence Employee arising out of and in the course of his or her employment by an insured; or (c) watercraft specified on the Declaration Page; or (d) watercraft acquired by an insured during the policy period, which is declared to the Insurer within 30 days of such acquisition, and endorsed hereon. 9. Bodily Injury to any employee, other than a Residence Employee, if the Bodily Injury arises out of and in the course of his or her employment by an insured. 10. Any obligation for Workers' Compen 11. Bodily Injury or Pr ` operation, use, being used in any pull or similar con any such contest , 12. Bodily Injury or enemy, hostilities revolution, insurr 13. Bodily Injury or P coverage is also i (whether the Insu (% legally enf of Canada or any any such policy 14. Liability arising o behalf of an insu ' Page, but this ex (a) the grazing leased by a (b) farm prem' during the pli within 14 days 15. Custom Farming operations; unless s-pecxim, vii ti�:!l:�:t&iawn additional premium charge made therefor. 16. The application of anhydrous ammonia. away from the Premises insured. 17. The ownership, use or operation by or on behalf of an insured of: (a) riding stables; or (b) race horses off the Premises insured, but this does not apply to grazing away from the Premises insured. 18. Property damage to the Named Insured's products arising out of such products or any part of such products. Coverage A.1, A.2 and A.3 do not apply to: 19. Bodily injuries or property damage caused by any intentional or criminal act or intentional or criminal failure to act by or at the direction of an insured. 20. Bodily Injury to: (a) any insured; or (b) any person regularly residing on the Premises (other than a Residence Employee); or (c) any person while engaged in alteration, demolition or new construction operations of the Insured. This exclusion does not apply to any person while providing voluntary assistance in the farming operations of the Insured and who does work for which no remuneration is made, given or contemplated. 21. Bodily Injury to any person if benefits therefor are payable under any Workers' Compensation Law. Coverage A.1 does not apply to: 22. Damage to: (a) property owned, used or occupied by or leased to an insured; or (b) property in the care, custody or control of an insured or property as to which the Insured is for any purpose exercising physical control; or (c) any personal property or any fixtures as a result of any work performed thereon by the Insured or anyone on his behalf. Coverage A.2 does not apply to: 23. Liability assumed by an insured under a contract, except liability which would attach in the absence of such contract. Coverage A.3 does not apply to: 24. Those portions of such expenses payable or recoverable under any medical, surgical, dental or hospitalization plan or law, or under any other insurance policy or certificate issued to or for the benefit of any person for whom indemnity is provided. 25. Products Hazard. Coverage AA does not apply to: 26. Any Business of an insured, or any occurrence in connection with Premises owned, rented or controlled by an insured, other than as stated on the Declaration Page. For the purpose of this exclusion "Business" includes the temporary or part-time business pursuits of an insured. 27. Property owned by or rented to an insured, any resident of the household of the Insured named on the Declaration Page or any tenant of an insured. 5-4 5-5 �2 VJ JACK RIDDELL PUBLIC AFFAIRS CONSULTANTS R.R.1, HAY. Ontario. NOM 1W0. Telephone: (519) 237-3431. July 29, 1996. The Chairman, Board of Directors, Canadian Sports Parachuting Association, 4185 Dunnings Road, NAVAN. Ontario. K4B 1J1. Dear Sir/Madam: I would like to bring to your attention a very serious problem that has been ongoing for many years but that has been escalating of late. It concerns a Parachuting Club, SWOOP, at the Grand Bend Airport, in Stephen Township near Grand Bend, and farmers in the area. There are two parachuting clubs at the Grand Bend Airport, right next to each other; SWOOP and the Grand Bend Sports Parachuting Centre. The farmers have no problems with Grand Bend Sports Parachuting Centre. An occasional parachutist would land in the fields but it is occasional and their attitude towards the farmers has been above approach, and the farmers have accepted this. Therefore, it is very difficult to understand the problem with SWOOP. The target area for SWOOP is right on the border of the one farm property. To an untrained eye or in comparison with the target area of the Parachuting Centre, the target area for SWOOP seems to be somewhat limited. Their target area is also divided into two different areas. Therefore, more often than not parachutists land in the fields of the farmers. On a busy weekend the one farmer counted 12 parachutists landing in the field. Parachutes are a fair size even when rolled up, therefore, you can appreciate the effect on the crops, especially corn, when 12 parachutists with their parachutes land in the field and then walk or run out of the field. On one occasion a parachutist landed on the barn roof of one of the farmers and broke an eavestrough. No apology, but people from SWOOP came to the farmer complaining that the parachutists landed in contaminated water and this could damage his parachute. 33 Q10 A parachutist landed on the hydro wire and was badly burnt. An ambulance had to come on the property. It was not a pleasant site. I understand through the years there have been other parachutists landing on the hydro wire. This may be one of the reasons why the parachutists land in one of the fields - to avoid the hydro wire. Another hazard is a busy highway that runs between the two farms where the parachutists land when they miss their target. As I indicated the problem has escalated. is a nuisance but does not interfere with farming. More and more parachutists land irrespective whether their is crop in the the farmer is working on his equipment or real hazard. Often times the farmers had machinery to avoid an accident. If the crop is off it the business of in the fields field or not, whether not. This, too, is a to shut down their What has really compounded the problem is the attitude of the parachutists and SWOOP. It is almost as if the parachutists have received legal advice. When they land in the field of the farmer, they refuse to give their names and refuse to be detained. One of the landowners followed one of the parachutists to the Club House after she landed in his field and her landing forced him to shut off his machinery. But on this occasion one of the local policemen, also a parachutist, I believe, who at the time was not in uniform, asked the landowner to leave the premises. This matter was reported to the local police but the police said that because there was no damage done, no charges could be laid. This particular landower has been threatened, ironically with tresspassing; by SWOOP. SWOOP have been asked by the landowners out of deference to their crops, if the parachutists could leave the fields and go to the nearest road. This is totally ignored and instead they would stumble with their parachutes through the rows and rows of corn to the clubhouse. Sometimes the vehicles waiting to pick them up would come into the fields, and sometimes much to the delight of the SWOOP Club members who would laugh and taunt the landowners. They even called the landower a "cow" and told her if she did not like the club being there, she could move. SWOOP claimed that one of the farmer's tenants gave them permission to land in his field. This was denied by the tenant. They did say that SWOOP asked them permission but they were in no position to give them permission. SWOOP has also suggested they will pay for the damage. This obviously is not practical. Do they pay for the rows of corn that they knocked down the one week and next week they pay for the additional rows of corn that they knocked down? Who will decide how much the damages are? If they pay, does that mean they can jump and land as often as they like, when they like and where they like? <, 54 The one farmer is an enthusiast of remote control airplanes and has his own runway on his property to accommodate these airplanes. He understands that these airplanes cannot be flown near an active airport. They have ascertained that the Grand Bend Airport is not considered an "active Airport". However, this has not stopped members from SWOOP from buzzing the remote control airplane of the farmer when he is flying his airplanes over his own property. SWOOP claims the wind blowing the parachutists is an Act of God. The wind is part and parcel of the sport of parachuting. In all sports there are obstacles that make the particular sport a challenge. These obstacles and challenges do not give any sport the right to run roughshod over another's property or destroy the livelihood and business of someone else. I have spoken to Mr. Roy Taylor of the Ministry of Citizenship, Culture and Recreation and will be forwarding a copy of this letter to him for his information and attention. I intend to write to the Attorney General with respect to the Property Tresspassing Act and will be enclosing a copy of this letter to him. I will also write to the Minister of Agriculture and Food and bring this matter to his attention because farmers have the right to farm. As you can appreciate this is a problem that is causing real concern. It has been ongoing for many years. It has been compounded by the attitude of SWOOP. I do not believe that these kinds of actions are usual to the sport of parachuting, simply because of our experience.here at Grand Bend Airport with the second Parachuting Club. The reason that I am writing to you is that I have been asked by the farmers, Mr. and Mrs. Jan Lagerwerf and Mr. and Mrs. Gerald Love, both of R.R.3, PARKHILL, Ontario, to write to you on their behalf. This is a serious problem and needs to be resolved. I am sure that there must be rules and guidelines that govern the individual clubs and having respect for other people's property must be an important factor. The farmers cannot pick-up their properties and just walk away. 'It is an urgent matter and I would ask for your immediate attention to this problem. I am sure you can appreciate that farming is the livelihood of the Lagerwerfs' and the Love's. It is a business; just like any other business and deserves the respect like any other business. .5 5 r r �3 Your immediate attention to this matter will be greatly appreciated. Yours truly, Jack Riddell 56 04/23/98 14:21 FAX 519 842 7659 NANDRYK & REENEY MANDRYK & ASSOCIATES Barristers & Solicitors OLIE MANDRYK9 Q.C., B.A., LL.B. ROBERT B. STE WART, B.A., M.A., LI..B. JAMES R. MORGAN, B.A., LLB. April 23,1998 The Corporation of the Town of Tillsonburg Municipal Offices Town Centre Mall 200 Broadway Second Floor Suite 204 Tillsonburg, ON N4G 5A7 Attention: Fr _ Bell Dear Ms. WE 0 002 65 Bidwell Street Tillsonburg, Ontario N4G 3T8 Telephone: (519) 842-4228 F=(519) 842-7659 Email: mhlawCoxford.net Thank you for your fax of April 20, 1998. I trust this letter will address the concerns raised by Mr. Lilliman to the Airport Advisory Committee. Mr. Lilliman raised a number of issues and I will attempt to deal with them under the headings of trespass and insurance. 1. Trespass (a) Criminal Liability Anyone not authorized by law that enters onto another persons property without permission is guilty of an offence under the Trespass to Property Act. The problem Mr. Lilliman raises is that an emergency landing by a skydiver would provide an adequate defence. However that defence will only be valid to a certain extent. If the skydiving company failed to provide an adequate drop zone, and as a result skydivers constantly were landing in adjacent fields, then the skydiving company cannot argue every incident was an emergency. The company knew of a problem with the drop zone but ignored the problem thus criminal charges of Trespass could be pursued. Mr. Lifliman then addresses the problem of how do you charge these people with a criminal act. Under the Trespass to Property Art a landowner can ask for the trespassers identification. If the request is refused the landowner has the right to detain the trespasser until police arrive. This should be avoided at all costs. Attempting to enforce this right could lead to criminal and civil liability. If the trespasser refuses to be identified under section 10 of the Act a police officer may enter any 04/23/98 14:22 FAX 519 842 7659 MANDRYK & HEENEY IM 003 Y -2- property without a warrant to arrest someone who the officer believes recently departed from the trespassed premises. If the skydiver leaves the property and the landowner can provide a description of him or her to the police the police could then proceed to the airport / clubhouse and arrest the offending person. Even if the skydiver was not arrested the landowner could have charges laid against the skydiving company. A person that dumps or permits objects to land on another's property can be found guilty of trespassing. By allowing the skydivers to jump when they will land on the adjacent property could be considered an act of trespass. To strengthen the landowner's position under the Trap= to Property Act a few precautions could be undertaken. First, change the waiver to read that if a skydiver lands on any adjacent property then he should produce identification when asked and leave the property as instructed by the landowner (a draft is enclosed. Second, ask the local landowners to post notices on their fields with clearly worded signs stating "No Trespassing". Third, put a notice inside the airport and/or clubhouse of the skydiving company informing them that trespassers will be prosecuted b) Civil Liability The skydivers and/or the skydiving company cannot avoid civil liability even if they can evade criminal charges. The landowners may bring an action in trespass, negligence and nuisance. The defence of necessity by the skydivers and company (Le. they must land on the property) in a trespass action will not be successful if skydivers continually miss the drop zone. They cannot argue every trespass is an emergency if obviously there is a problem with the size or location of their landing zone and they fail to fix that problem. The landowners can bring an action in negligence against the skydiving company. The skydiving company owes a duty to the landowners to act reasonably in not permitting their clients to land on the adjacent property. If skydivers continually miss the drop zone then the company is not acting with reasonable care when the allow skydivers to leave the plane. The landowners may also bring an action in nuisance against the skydiving company. Nuisance attempts to address problems when a landowner's enjoyment and use of the land is interrupted. In this case the nuisance are the planes flying overhead, the noise they create and the effect of skydivers constantly landing on or near another's property. . If the skydivers cannot be identified the skydiving company is vicariously liable for their customer's acts in any event. The skydivers are customers of the company and as such, by the principles of tort law, the company is liable for their customer's negligent acts. The company cannot argue that they, the company, didn't trespass. By telling the skydiver to leave the plane when it was reasonably foreseeable that the skydiver would miss the drop zone then the company is guilty of that trespass. A person can be held civilly liable in trespass when they throw another person onto a third party's property. M _ 04/23/98 14:23 FAX 519 842 7659 RANDRYK & HEENEY IM 004 r' -3- (c) Insurance coverage for the Trespass and/or Negligence There is no question that any damage caused by a skydiver will be covered by the landowner's insurance. Mr. 1111iman is wrong to imply that there must be a charge laid to make an insurance claim. If someone vandalized or robbed your house would the insurance company refuse to pay if the police did not know who perpetrated the crime? Unless provided for in the policy of insurance, acts by trespassers are recoverable despite no criminal charges being laid or even the person being identified. 2. Insurance Mr. Lillinaan is not accurate in his interpretation of the insurance exclusions of a policy which he suggests is the norm. The insurance policy excludes liability for the ownership or operation of an airport and any operations that are necessary or incidental to that ownership or operation of an airfield This means that if there is an airfield or air operation upon the insured's property then any actions connected with such operations are excluded from insurance coverage. The policy is not attempting to exclude occurrences totally out of the control of the insured who does not operate an airfield on his property. To maintain coverage under their insurance policy the landowners should not encourage skydivers to land on their property. Secondly, no landowner should take any action that would be for the purpose of harming the skydivers. Finally, notices should be placed on the waivers, with the skydiving company, in the club house and airport against landing on their property. 3. Conclusion The entire premise of Mr. Lilliman's letter was that our society has become very litigious in the past twenty years. If a person is going to sue then they will find a lawyer that will advance any claim no matter if the claim has merit or not. However, for the landowners adjacent to the skydivers their insurance should cover the defence if required. Secondly, if a skydiver is truly in trouble and must land then I don't believe any of the land owners would have too much concern with the occasional person. However if the landings become a concern then there are methods both civilly and criminally to address the problem. Yours very truly, MANDRYK & ASSOCIATES Per: �,' es R.Morgan X:\7owa of riiWabuM - Mi=d1=w=\Bd1 Apr 2l 98-wp 59 MEMO To: Members of the Development/Culture Committee From: Fran Bell, Economic Development Officer Re: Ground Lease - Tandems 'R Us Clubhouse 1. After reviewing the charges levied by other airports for ground leases (attached), it is recommended that the ground lease rate be set at 17 cents per square foot, annually, on a net, net, net basis for a 40' by 40' area to be increased annually by the cost of living increase. 2. It is further recommended that the lease term be from June 1, 1998 until May 31, 2005 with a renewal option for a further 10 year period to coincide with the term of the lease for the drop zone. 3. All other standard conditions of the municipality's ground leases will remain the same. 60 11 AIRPORT LAND FEES (Under Hangars) ARNPRIOR: .18�/sq. ft. (60' X 60' hangars) $680.00/ year plus taxes BROCKVILLE: lease land to person who owns hangar $400.00/yr. - no additional costs CHATHAM: City rents land to owner of hangar for $49.00/yr. for 50 year duration Owner pays taxes and utilities COLLINGWOOD: .17�/sq. ft. plus land taxes (outside dimensions of building + 4 ft.) Approx. $2,200.00/yr taxes plus own utilities CORNWALL: 20 yr. lease/ 5 yr. renewal $500.00/yr. + GST and $500.00/ yr. taxes GODERICH: lease land at $40.00/mo. (or $480.00/yr.) plus taxes and utilities KINCARDINE: N/A. Do not charge. KINGSTON: N/A. Do not charge. OWEN SOUND: Hangars owned by private individuals. City leases land to hangar owner. 25 yr. lease with additional 20 yr. option. .17�/sq. ft. - adjusted each year. Hanger owner pays taxes and utilities STRATFORD: .15�/sq. ft. with 20 yr. lease. Hangars owned by private individuals. City leases land to hangar owner. Hangar owner pays taxes and utilities ST. THOMAS: .11�/sq. ft. per year (Min. 5 ft. each side of building). Maintenance fees and snow removal around hangar - min. 5 ft. each side of building). Cost varies each year. APR -+29-98 13=05 FROM:ANNEX.PUB.B.PRINTINC INC. ID:1 519 842 3511 PACE 2/2 CANADIAN HARVARD AIRCRAFT ASSOCIATION P. O. BOX 774 WOODSTOCK OMM00 Na.S M2 Apel 27,1998 Tillsonburg Town Cotmcil Town of T'l mibux& Ontario Dear Councdors_ A r+eeet artide m the'r sonbww, u dependent News by Nancy Boutin suggested that the Canadian Harvard Aircraft Association agreed in a with skydiving activities reswdng at the Tibonbutg Airport Nothing could be fa P from the truth MW Canada n Harvard ATMA Association (CHAA) and the Town of Tillsouburg (Town) have eMaYed s MUWAY bareflcW relMlonship, for many years. The Town enjoys fuel and tax revenue as well as a promhxw advocate ofthe Town's benefits. The Town is featured wherever CHAA flys from Ottawa to New York, from Olio to North Bay_ CHAR, reedves•a base of operations that permits it to practice formstion M& and service, maintain, and restore its aircraff. CHAA has made a substantial investrruent locally in pursuit of its goals to expand to a world loss flying museum, A major part of CHAA's activities involve the practice of formation and aerobatic flying needed to compett for posers at various Air Shows and displays m Canada and the US. The Town has enjoyed CHAR paroiapMion in its airshows oftb�e past. CHAA cannot stress enough how vital this part of CHH activities is to the health of the orguization. CHAA has applied for waivered airspace to permit the practice 0f*=0ba= over the Thi wnburg Airport. Until recently the Kitchener Airport had such a practice area. The airspace con%ct between the needs of skydiving activities and CHAR practice flights cannot be resolved with a gentleman's awe=ent. This has been amply demonstrated in the past at the Tillsonburg aaport and at other airports. Should CHAA be forced to move its practice activities to another airport there would then be no need or desire for CHAA to purchase fuel at-rdLsonburg. ( CHAA cunvuly purchases approlammely half of the funs sold at Tillsonburg. CHAA's expanding aircraft fleet will increase this The trwMtime Iost bettvoen home base and a practice airport woultadd mateeiaif y fo __._... . CHAA'S aircr operating costs. This could not be acc�ommodatted. CHAA would be forced to look for a permanent base elsewhere with the possible consequent abandonment of Tillsonhn& This council should be aware that both Hamilton and Kitchener airports have essentially declared that they are ant ia=csted in supporting remeational aviation by imposing landing fees for this type of aircraft as well as for oommercaal flights. The aircraft owners based at these airports will sour a base dsewhere. The maiuten nm flight school, restaurant and supply companies involved with this phase of aviation wfil move with their customers_ Nearby are Guelph, Burllnoon, St. Catharines, and-rUsonburg Wports- Only TxMwnburg has the unused capacity to accommodate these revenue producing companies and individuals in quantity. 62 APR -2e -se 13:04 FROM:ANNEX.PUB.S.PRINTING INC. ID:1 519 842 3511 CANADIAN HARVARD AIRCRAFT ASSOCIATION P- O. BOX V74 W000MCK ONTARIO WS aA2 Aircmii operators are vitally concerned with the freedom to By when they have available elute and resources as well as the tmmmum PoMUC oWsura to liability concerns. Rim rreafjonal activities are ealoyed- in ' sued finlcyge to the nxkK W of eperauoteal eoncMI& 7ha aaivita assodated with *ydvmg substantially i== the risk of tiab'hty p mbhm to ahaait operators. We ane in alit SW= prone world today as all of you ane awara Ibis u=vased risk will enure that these 6waR owners sock a but elsewhem CHAR is comtmtted to vowing Tato a world class orSaeiuuoa. Tb,* spinoff fran fts growth win be increased revue and Uvoarable acposure for the: Tawe of Tfflw*jrg WORMWE Otho benei'its will include teveme for local boteWmotek restaurants, shops, and other commorcW nerd industrial • eMapmms.- All these pay taxes locally sad sued Iocd y. The imputations arz obvious, Should CHAA be fanned into a soon wh a the Town demands an operating agmenna between CHAA arld any s.-ydnving I gal ization CHAR watt act only on the advice Of its 901idtor duly ratified at a regular CHAA Board of Directors meeting. Please be advised that should such M event ooau, CHAR would begin cvaluaft other options for a base of opm icas. Sincerely, President for the Board of Directors of the Canadian Harvard Aircraft Association. .63 PAGE 1/2 BABCOCK FARMS LTD. R.R. #2 MOUNT ELGIN, ONTARIO NOJ 1N0 TEL; 485.0928 April 26, 1998 To The Town of Tillsonbura Re: Skydivers opposed It has come to my attention that the reintroduction of skydivers at the Tillsonburg Airport is being entertained. As the primary rentor of the land at the airport (290 acres, Lots 4, 51) 61 and 7 on concession 7), I am vehemently opposed to the skydivers using the airport as a jump zone. I have had problems in the past with crop damage by skydivers, and I won't tolerate these problems in the future. Any landings in my crop land will result in litigation. Signed, 64 THE CORPORATION OF THE TOWN OF TILLSONBURG TOURISM ADVISORY COMMITTEE MINUTES MINUTES of the meeting of the Tourism Advisory Committee held Tuesday, April 7th, 1998 at 7:30 P.M. in the Committee Room. PRESENT: S. MacRae, B. Carroll, R. Corner, L. Albright, S. Molnar, J. Lessif Staff: F. Bell Vice -Chair L. Albright chaired the meeting in the absence of the chair. ORDER OF BUSINESS A. Adoption of Agenda Moved by B. Carroll, Seconded by R. Corner: "THAT the agenda be adopted with the addition of Festivals Ontario membership." CARRIED. B. Other Business 1. Election of Chair and Vice Chair Deferred to next meeting. 2. Community Happenings The spring community happenings is being finalized and will be available shortly. 3. Review of Tourism Economic Impact Study The Tourism Economic Impact Study was prepared by students from the University of Guelph in conjunction with the Oxford County Tourism Association. The Economic Development Officer reviewed the study with the committee. It was noted that the study confirms much of what had already been documented in the Tillsonburg Tourism Strategic Plan. 65 i 0 -2- 4. Date of Future Meetings The next meeting will be held on May 5th. Future meetings will be held on the third Monday of each month at 7:30 P.M. 5. Membership - Festival Ontario Linda Albright will do additional investigation as to the benefits of membership in this assocation. 6. Round Table It was requested that a copy of the committee's mandate be circulated to all members. Concerns were raised about OCTA in relation to their orientation to Woodstock as well as their role in organizing tourism events. It was felt that they needed to focus on the county as a whole and should not be involved in organizing events, only promotion. Discussion also focused on the need to develop an Elgin, Oxford, Norfolk tourism network which relates more to our community of interest. The Economic Development Officer will bring a map with a listing of potential partners to the next meeting. Concerns were raised on the best way to educate the community regarding the value of tourism and to be "tourism ready". Several suggestions were made including: - presentation to the Chamber of Commerce - B.I.A. developing a training program - utilizing the "Plugged In" program working with Glendale High School J. Lessif asked if the committee had considered a radio commercial to promote the community. Elora has used one successfully. The Economic Development Officer will investigate further. S. MacRae advised that the air show will be held on May 20th with the Snowbirds. Motion to adjourn at 8:55 P.M. TILLSONBURG MUSEUM / ANNANDALE HOUSE BOARD MINUTES - MARCH 26, 1998 The regular monthly meeting of the Tillsonburg Museum/ Annandale House was held at the museum at 7:30 p.m. on March 26. Present were: Robert Marsden, George Beard, Remie Miggens, Councillors: Iry Horton and Gayle Leachman, Sylvia Molnar, Scott MacRae, Sandra Andrews, Heather Jones, Ken Patterson, Rita Corner, Beverley Crocker who took the minutes in Margaret Scott's absence. Regrets: Marg Scott. Chairman Robert Marsden, welcomed all members. Upon review of the minutes, it was noted that an amendment be made to the motion moved by Gayle and seconded by Remie that read, " the museum board approve an upgrading of 1/2 level in Patricia's salary to Grade 15, Level 2.5'. The following amendment to the motion was moved by Gayle and seconded by Iry that "the last line of the motion strike out the word upgrading and put in the words level adjustment as set out in the 1998 budget, this recommendation to be forwarded to the town clerk administrator. The amended motion to read: "A level adjustment of 1/2 in Patricia's salary as set out in the 1998 budget and this recommendation to be forwarded to the town clerk administrator. n Motion to accept amended minutes - Moved by Remie, seconded by George. Carried. Motion to accept agenda: Moved by George, seconded by Heather. Carried. Treasurer Ken took a few minutes to go over the financial statement format with new members and to update returning members. Payables for the month of $6410.55 and deposits of $10,648.30. It was moved by Remie, seconded by Iry to accept and pay the bills. Carried. The curator gave her report highlighting the dates of the Baldwin Family Easter Tour on Apr. 4 & 5, and the Volunteer. Recognition Night on Apr. 21. Invitations are in the mail. The museum will be featured on the CBC TV show, "Midday". Date to be announced. It was also noted that April's board meeting will be at 7:00 p.m. when a representative of the Designated Properties Board will be on hand to make a presentation and answer questions related to the designation of Annandale House. Remarks from the table: Regrets for the April meeting from Beverley. With no further business to discuss, George Beard moved for adjournment at 8:35 p.m. 67 TILLSONBURG MUSEUM & ANNANDALE HOUSE CURATOR'S REPORT - APRM 1998 1. Review of April Apr. 4 & 5 - Baldwin Family Easter Tour - over 100 visitors enjoyed Easter cupcakes. - in addition a group tour of 25 were also entertained on the Saturday 6 - Canada Day Committee meeting attended by the curator, while the assistant entertained a group of brownies the same evening. 7 - Curator attended Tourism meeting, evening 8 - Assistant was the presenter at an all day EON workshop in Woodstock 9 - CBC - Midday segment on Annandale House aired. 10 - 12 - Museum closed for Easter holiday 13 - Historical Society meeting, guest speaker Mr. Allan Cross who demonstrated and spoke on his tool collection 14 - Curator attended meeting of Summer Kids `98 committee 15 - Curator participated at Glendale's Career Day 16 - Meeting with curator of Woodstock Museum regarding joint tour proposal 19 - Bus tour of 34 from Hamilton 20 - Group tour, evening 21 - Beds & Grounds Committee meeting a.m. - Museum Volunteer Recognition night 22 - Volunteer Awards - MCZRC in London 23 - Evening bus tour - Board meeting with guest speaker from Parks Canada 2. Upcoming Schedule 24 - 26 - Museum displays at Home & Rec show, both at the Chamber booth and the EON booth 28 - Room rental and slide presentation May 1 - Opening of the Annual Art Show 3 - Kinsmen Family Fun Run 4 - Canada Day Committee meeting - evening 5 - Afternoon Group Tour - Tourism Committee meeting, evening 7 - Room Rental - late afternoon and evening 11- Historical Society meeting, evening 13 - EON meeting in Princeton, Curator to attend - Down Home Country Christmas meeting, evening 14 - Morning bus tour - Evening room booking 17 & 18 - Victoria Day - special Queen Victoria display opens and runs ti I i May 31 20 - Culture Commission meeting, evening 27 - TACAC meeting, evening M May 28 - Afternoon bus tour - Museum board meeting DATES TO REMEMBER... June 6 - Annual bus tour to sites in Huron County June 18 - Opening of 25th Anniversary exhibit and special presentation by George Tillson 3. CBC - Midday Program For those who may have missed the Midday program that featured Annandale House, a tape was made and will be played at the meeting. 4. Canada Day Committee Update Only four people attended the Canada Day committee meeting, but business proceeded regardless. All venues will be contacted to attend the next meting on May 4th when it will be held at the Council Chamber. The museum will again be participating by hosting an open house between 10 - 5 and by organizing the Canada day Decorating contest. The committee is also trying to find a music venue for the lawn of the house. It is hoped that Canada Day Cake will also be available as in past years but it would possibly be served outside if there was entertainment on the lawn and weather permitted. 5. Tourism Committee Update The Tourism Committee met for its first meeting of the year. New members were welcomed and discussion regarding new initiatives for the committee to take on were noted. Projects such as identifying and orienting our tourism partners in the community was discussed. Concerns about OCTA and its relationship to Tillsonburg were also raised. Any other ideas that this committee should address can be forwarded through the curator on behalf of this board. 6. The "Wilde" Tour Rita met with the curator of the Woodstock Museum to discuss the marketing of a tour aimed at the bus trade that would incorporate both sites and promote the Oscar Wilde connection. Great interest was shown and logistics of such a proposal are being looked into. The Woodstock Museum will look after engaging an actor to play the part of Oscar and recreate his talk "House Beautiful" on their stage in the Grand Hall. The presentation would be followed by dinner/lunch at the Elmhurst and a tour of Annandale House, an example of the teachings of Oscar and the Aesthetes. 7. Grant Updates Although unofficial, it has been indicated that the museum will receive a portion of its request for funding under the Friends of the Environment Program. The request of $750 was for the purchase of additional boxwoods for the flower beds as part of our "Heritage Gardens" project. No word has been recieved regarding the Summer Career Placement employment program at this time. hq APPLICATION FOR SITE PLAN APPROVAL To: Development/Culture Committee Mayor McKnight and Members of Council Owner: K & M Investments Tillsonburg, Ontario Location: (see attached map) The subject property lies between Spruce Street and Townline Road in the Forest Hill Industrial Park. The lands to the north, between the subject property and Townline Road are vacant, to the east is Eberhard Manufacturing, and to the south is TRW. Official Plan Designation: Industrial Zoning: M2 - Industrial Proposal: An application for site plan approval to permit the construction of a 15,000 square foot building for manufacturing and warehousing has been received. The subject property contains a lot area of about 3 acres. The total development, including building, parking and driveways will comprise a lot coverage of approximately 31%. Servicing Issues: The property is fully serviced with sanitary sewer, water, hydro and gas on Spruce Street. Storm water will drain to the ditch on Spruce Street and to a drainage swale on the east side of the property. The plans have been reviewed by the Director of Public Services and the PUC Manager. Zoning Requirements: All zoning requirements have been met. /0 Parking: The parking requirements under spaces. The parking spaces are parking requirements are met. Elevations: the zoning bylaw require 38 shown on the site plan and the The applicant has provided an elevation. Recommendation: It is recommended that the Development Committee recommend to Council approval of the site plan as presented. M 3 ,F �"j!1A ■®��. L F. 1L vl � "or '70 W. sEv - 12 yA?7 stY£t�,yr Application for Consent B-123/97 & B-124/97 Eberhard Hardware Manufacturing Ltd. NOTE: THIS IS NOT A PLAN OF SURVEY I ILLSONVURG- RARRE 11 r -i t -or To bE \ AZ rA pweb \4 ® LANO RELATED INFONMATION 9VSTEM COUNTY Oi OA[OPO CREATED ON: MDEC4997 hffi-LO-Ju LUL 6.11 no, f. 1 CORPORATION OF THE TOWN OF TILLSONBURG ? . ' • 20 Spruce Street 6 _- rillsonburg, Ontario ',�' N4G 4Y5 PUBLIC SERVICES BUILDING - 842-2211 WORKS - 842-5951 CEMSTERY - 842-3522 (519) 842-8775 - Fax Town of Tillsonburg April 27, 1998 Municipal Office 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 ATTN: Mrs. Fran Bell Economic Development Officer Dear Mrs. Bell: RE: Site Plan - Industrial Mall K & M Investments - Spruce Street Please be advised that we have the following comments regarding the above noted property. 1. Culvert to be installed under driveway to Town standards. 2. Entrance on to Spruce Street to be asphalted, including the parking area in front. 3. Written confirmation from abutting property owners on proposed swales, to be maintained by affected property owners in the future. 4. Ditch along Spruce Street is to be graded to the east to provide drainage to the satisfaction of the Town. 5. Any additional entrances are to be approved by the Town of T i I lAonburg . b. Compliance to the Building Code in regards to emergency vehicle turning area. 7. Signage by permit only. 8. Connection to Municipal services by permit and totally at the owners expense. This is to include restoration to the satisfaction of the Town of Tillsonburg. 9. Any outstanding costs for Municipal services to be paid in full- 10. ull-10. Front is to be top soiled and seeded/sodded and is to be maintained by property owner to protect the aesthetics in the area. il. Proposed tree planting should be reviewed by the Tree Committee through the Parks & Recreation Commission. 12. Any future additions will be subject to review under Site Plan Control. Trusting this is as required. Yours<a. O'eM.C. .C.T.(A) D.H. Robertson, C.B.C.O. Director of Public Services Chief Building Official Town of Tillsonburg Town of Tillsonburg r4CC/DHR/sv J APPLICATION FOR SITE PLAN APPROVAL To: Development/Culture Committee Mayor McKnight and Members of Council Owner: Larry French West End Mini Storage Tillsonburg, Ontario Location: (see attached map) The subject property lies on the south side of Clearview Drive in the Van Norman Industrial Park. The Canadian National Railway borders the property on one side and Trillium Wire is on the other. M. A. Hanna is across the road. Official Plan Designation: Industrial Zoning: M2 - Industrial Proposal: An application for site plan approval to permit the construction of a 2100 square foot warehousing building for mini storage has been received. Currently there are three other buildings on the property. The applicant has two proposals - one to add on to the existing rear building, the other to build a completely separate building. Servicing Issues: The property is fully serviced with sanitary sewer, water, hydro and gas on Spruce Street. Storm water will drain to the ditch on Spruce Street and to a drainage swale on the east side of the property. The plans have been reviewed by the Building Inspector who has indicated that approval for either proposal should be contingent on the following: "That the applicant provide a survey with locates and verifies that the plan meets the provisions for firefighting as outlined in Section 310 of the Ontario Building Code". l4 Zoning Requirements: All zoning requirements have been met. Parking: There is ample space for parking on the property. Elevations: The applicant has provided an elevation of the proposed building which is consistent with the existing buildings. Recommendation: It is recommended that the Development Committee recommend to Council approval of the site plan proposals subject to: 1. Provision of a survey with locates 2. Verification to the Chief Building Official 's satisfaction that the location of the building meets the provisions for firefighting as outlined in the Ontario Building Code. VAN NORMAN INDUSTRIAL PARK (A) Cayuga Materials & Construction Co. (B) Burton Rubber Processing Inc. (C) DDM Plastics Inc. (D) DycoTool Ltd. (E) Tillsonburg Precision Machine Inc. (F) Manchester Tank (G) Warehousing SERVICES • 12" Sanitary Sewer • Storm Sewer (open ditch) • 12" Watermain, providing 68 PSI static pressure • Paved Road to municipal standards • Hydro • Gas ZONING MZ - General Industrial MINIMUM BUILDING REQUIREMENTS A building, covering a minimum of 5,000 • sq. ft. per acre, must be constructed within one year from the date of purchase. 6.4 LOT AREA IN ACRES NOTE: Lot Lines shown represent only one example of many possible lotting arrangements which may be developed. The development is not subject to a Plan of Subdivision and may be severed by the municipality without going through the Land Division process. Therefore, lot lines, as indicated below may be changed, subject to individual needs / requirements. Formet Industries 5.95 FOR MORE INFORMATION CONTACT: - Economic Development Officer (519) 842-6428 Ext. 233 Tillsonburg, Ontario, Canada ►V .v 0v) (C) �-,% S.3 W(E) 15.9 6.69 6 • 4 ¢�gaooaNa �a • 6.1 1�c (B) C N Mainline / Formet Industries 5.95 FOR MORE INFORMATION CONTACT: - Economic Development Officer (519) 842-6428 Ext. 233 Tillsonburg, Ontario, Canada WEST END MINI STORAGE: PART LOT # 1 I I CLEARVIEW DR. PART PLANII 4 1 R MLSONBURG P s 3 .1 8 Jc V i (b /�•f 1yF tom\ .I w V° 3 9 .1 8 ;cn7in aw.Q,,� o 01- hoc_ u i dL 3 r 1 � �l+S �r l • •'» 705^ G� �� »••� � o C �'l ,' � •/�i , ., _ . f col ii11 • , r�w3J d d w Ic 01X 5) x .� �! w WEST END MINI STORAGE: PART LOT # 1 11 CLEARVIE W DR. PART PLANE 4 1 R TILLSONBURG k k f�z Ce 04/16/98 08:11 $ Alzheimer AMOhner $046ly of Oxford_ W 000dsb* ON WS WX an. (S111),01 -ow Fax (519) 421.3088 POW: The Namable Henry N.R..fad mw Ohadtsbte ReglSMon Mem-11 April 15, 1998 Ms. Lana Verstraeten Corporation of the Town of Tillsonburg 240 Broadway Street 2nd Floor Tilisonburg, Ontario N4G 5A7 Dear Ms. Verstraeten: P.02 Due to unforseen circumstances we are unable to organize a Tag Day on either of the previous days requested. We would like to request permission to conduct a Tag Day on Saturday, October 17, 1998. As a reminder, we will not be holding another Tag Day in January as we have done in previous years. Thank you for considering our request. We look forward to hearing from you when a decision has been made. Sincerely, Amy Ewing Administrative Assistant Oxford OUR FILE: April 22, 1998 5/ co.�.-ation o/iL COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 32T-89010 Mr. Hugh Saunders Davlaur Developments Limited 19 Prince George Drive Etobicoke ON M9A 1X9 Dear Mr. Saunders: RE: Extension of Draft Approval of Draft Plan of Subdivision File Number. 32T-89010 Municipality: Town of Tillsonburg Location: Part Lots 8 & 9, Concession 12 (Dereham) Owner/Applicant: Davlaur Developments Limited Fax: (519) 537-3024 Telephone: (519) 539-9800 Extension for draft approval for the above -noted plan of subdivision has been approved by County Council at its regular meeting of March 25, 1998. Pursuant to Section 74(2) and (3)(c) of the Planning Act, R.S.O. 1990, as amended, and subject to the provisions of Section 36(13) of the Planning Act, R.S.O. 1980, the County's draft approval of this plan of subdivision is extended to March 1, 1999. County Council further recommended that any further extensions of draft approval will be subject to the approval of a performance standards summary application by Tillsonburg Council and the Oxford County Planning Department. Please note the dates in draft plan Condition #12 have also been revised to March 1, 1999. Tillsonburg Town Council, at its meeting of March 23, 1998 also extended the water allocations from March 1, 1998 to March 1, 1999. /lb Encl. cc - D. Morris, Town of Tillsonburg v/ Yours Very Truly, e R. Bragg lanning Administrator 83 04Y28/1998 15:58 519-485-2932 SOUTH-WEST OXFORD PACE 01 T0'V7NsMP OF- Tillsonburg sOUTH WEST OXFORD A. Forrester, BA.,A.M.G:T. , j,� r o Phone: Brownsvillc 877-2702 �� Ingersoll 485-0477 Clerk-T�asuf?er AdminWmtvr J Mary Ellen Grcb, t*.wc-1;. (A) Fax No. •485-2932 Depury Clerk -Tree murer �� I ADDRESS Kirosl mer, BA, Tax collector R.R.1 Mount Elgin. Ontario Murray Somers, CAS -L R NoJ 1No WorksSuporintendent Edward Lovell . Cblef,8uilding Official F, Drphrage SuperinMendent . 998 April 24, 1998- Tillsonburg Town Council 200 Broadway, 2nd floor Tirllsonbi rg, Ontarito N4G 5A7 SENT BY FAX 1-519-842-9431 • Dear Mayor McKnight and Members of Council: This letter follows a telephone conversation with TiMoaburg C.A.O. Dave Morris on Wednesday, April 22, 1998 in which concerns about parachutists using the Tillsonburg Airport were raised. A delegation visited South-West Oxford Council -on Tuesday, April 21, 1998 and raised concerns that the Harvard Aircraft Association- and the* Flying Club have with parachutists using the Tillsonburg Airport. While .it is apparent that these two groups have an interest in whether parachutists are allowed access to the airport, there were serious concerns raised that this Council would like to have addressed. The -liability issue affects our residents directly. Those who surround the airport are at risk of having parachutists' land off site in fanners' fields, causing damage to crops or suffering personal injury. While information in the Tillsonburg News would indicate that this concern would be handled through the signing of a waiver, the signing in itself does not remove all risk to these property owners. It is my understanding that there has already been approval in principal given to Tandems- -R -Us for a lease at the Tillsonburg Airport. It this Council's hope that the Town of- Tillsonburg will include this Council in a future discussion about the matter. Yours ,I WEST OXFORD Mary E e—n Greb - `r Deputy lerk Treasurer. 1000 recycled 4 i HIV24/98 Z3:49:26 EST; RSSUCIRTIOH OF?-> CLERK-Tillsonburg T Page 88Z APR -"4-99 FRI 02:42 PM AMO F 611ILLIA CITY CENTRE 60 ANDREW Sy. S. 349 OFIRLIAxON. LaV em FAX NO. 4169716191 CITY MANAGOR'S OFRCE April 7, 1898 To Oil Municipalities In Ontario Rs: l`ranoWEnproh Twinning program P. 01 rl9 rece�horle 0oz? *!i -tai l FAWIMI LN IYONI a25 -9171f CIRW LINE: l' 7'0513x8.7232 In June, 1886, the City of Orillia unahlmougly passed a motion to explore the possibility, of twinning our City with a city in Quebec of similar size. The Quebec city which entered into such a relationship with Qrillia was Ville de Vaudrouil-Dorion. Thi$ has rosulted in four exchanges between the two communities and further exchanges will Include social events, service clubs, economic, Industrial and commercial entitles, church, Music, an and school groups, sports organizations and internet exchanges between students of all ages. During the recent Ice storm, the people of Orillia responded with contributions of money and services exceeding $16,000,00 that was forwarded by the Orillia Twinning Comm ttee ('Rendezvous') through the Red Cross directly to Vaudreuil-DoeQn, Council, at its meeting held on March 8,1998 adopted the following resolution: 'THAT Ontario rnuniclpalites seek a meaningful connection with a Quebec munlepali# involving social, economic and sports interests so that the n set to know and understand more of each othets' concerns and aspirations,. and Quebec can AND THAT copies of thls resolution be forwarded to all municipalities in Ontario for endorsement. The Orillia Twinning Committee has offered to assist all municipilatles who wish to consider this Initiative in seeking an appropriate Quebec location, '@ I would be pleased if you would present this request correspondence to your Councll with a re for endorsement. q Yours truly, Laura S. Lee, B.A., A.M.C.T, LSL;hr Manager of Council Services/Clerk This material is provided under contract as a paid advertisement by the originating organization, and does not necessarily reflect the views or positions of the association of Municipalities of Ontario (AMO), its subsidiary com shies officers, directors ora encs. 8s MAY -01-98 15:14 FROM:COUNTY OF OXFORD ID:519 537 3024 PAGE 1/6 Ila. J/u �Orpo�aG'oK o`l% U COUNTY OF OXFORD Fax: (519) 537-3024 4 DEPARTMENT OF PLANNING AND DEVELOPMENT Telephone: (519) 539-9800 P. O. Box 397, Court House, Woodstock ON Nos 7Y3 CO 9-21-182 OuR FILE: April 28, 1998 Mr. Dave Morris Clerk -Administrator Town of Tillsonburg Municipal Offices 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A7 Dear Mr. Morris: RE: Lifting of Part Lot Control George Gilvesy, Jr. Lot 32, Plan 41 M-133 Ton of Tillsonburg Please find enclosed an application received from George Gilvesy, Jr. requesting that Part Lot Control be lifted from Lot 32, Plan 41M-133 in the Town of Tillsonburg. The application for exemption from Part Lot Control proposes to create 2 lots, each containing a single family dwelling unit. It has been the practice of this Department to request a copy of a resolution from the Council of the Local Municipality indicating its support for any application for the Tilting of Part Lot Control. It would be appreciated if you could bring this matter to the attention of Town Council at its meeting of May 11, 1998. The wording of the resolution by the Council of the Town of Tillsonburg, if it supports this application, should be in the form of a recommendation to Oxford County Council stating that: 'That the lands consisting of Lot 32, Registered Plan 41M-133, 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" We are sending a copy of the application for Part Lot Control Exemption. The Town should ensure that the proposed single family dwelling development is in compliance with the appropriate Residential Zone Provisions of the Town of Tillsonburg. Public Health and Planning Committee will consider the application on May 7, 1998 and County Council will consider the By -Law to lift part lot control on May 13, 1998. If you have any questions, please do not hesitate to contact our office. MBAb Encl. p.c. E. Micacchi, Nesbitt Coulter Y rs truly, MiP Barrett, MCIP, R P Pi o MAY -01 -se 15:14 FROM:COUNTY OF OXFORD I13:519 537 3024 PAGE 2/6 Co q -t;1 -189L R E_C `c> : Apr o17IMS APPLICATION FOR EXEMPTION FROM PART LOT CONTROL The undersigned hereby requests the County of Oxford to consider an application for exemption from PaitLot herelnafterrdescrlbedsuant to Section 49(7) of the Planning Act on the ands �. PURPOSE OF APPLICATION (Please check appropriate box) Minor redesign to lots or blocks In a Registered Plan F1of Subdivision Sale of part lots created through road widening a Creation of Individual lot s) for seml-detached and row Elhouses El Creation of servicing easements In a Registered Plan Long-term leases for stores in a shopping centre .on a ElRegistered Plan X Other Describe f ami ly houses 2a) APPLICANT'S NAME GEORGE GILVESY, JR. APPL I CANT ' S ADDRESS iiLt S rOE.t W. , TillaonburQ�Ont. >,T4G 2C8 1-519-842-93bB TELEPHONE NUMBER. ?Ci Registered Owner (If other than apDlicant) GEORGE GILVESY JR. Owner's Address t W. Tillsonbur Ont- N4G 2C8 Telephone Number 1-519-842-9368 2c) List of any mortgage. charge or encumbrance on the property - Name n.a. :address n.a. 2d) Location of Subject Land Lot Number(s) 32 Plan No. 4].M-133 Yr. Plan Registered 1991 Part Number(s) 5. r- 16 Reference P Ian 41R=_W11,1 � Ma oli a Drive , Ti llsonburg, Ontario Street Address (if any) side of the Street The subject land is located on the Street. lying between Street and � 8 7 MAY -01-99 15:14 FROM:COUNTY OF OXFORD ID:519 537 3024 PAGE 3/6 4 Application for Page 2 Exemption from Part Lot Control 2e) Specific Indication of uses of land and bulldings RESIDENTIAL 2f) official Plan Designation RESIDENTIAL Zoning Site information: (...ztach separate sheet If more then one lot) PART 15 Lot Frontage 11 50 = Lot Depth Lot Area Lot Coverageme res Front Yard ' Rear Yard 10.30 metres interior Side Yard 1.23 - 1.26 metres Exterior Side Yard n.a. (corner tot) Landscaped open Space M No. of Parking Spaces Width of Planting Strip Driveway Width 68 MAY -01-S6 15:14 FROM:COUNTY OF OXFORD ID:51S 537 3024 PAGE 4/6 Application for Page 2 Exemption from Part Lot Control 2e) Specific Indication of uses of land and buildings RESIDENTIAL 2f) official Plan Designation RESIDENTIAL Zon i ng RESIDENTIAL _ c I to Information: ( •.-tach separa shee r. if more than one i c t ) PART 16 Lot Frontage 11,5n Mptypn Lot Depth Lot Area Lot Coverage _63 metres Front Yard Rear Yard 15.10 metres +- Interior Side Yard 2.32 2-36 matras - Exterior Side Yard n.a. (corner lot) Landscaped open Space M No. of Parking Spaces Width of Planting Strip Driveway Width ., 69 MAY -01-98 15:15 FROM:COUNTY OF OXFORD ID:519 537 3024 PAGE 5/6 Application for Exemption from Part Lot Control 4. Other (specify) Page 3 - Dated this day of 1998 GILVESY, JR. Signature of Applicant I•. GEORGE GILVESY, JR. of the o f Ti. 11sonbura In the rannty of DO SOLEMNLY OECLARE THAT: All of the statements contained in this application are true and I make this solemn declaration conscientiously believe and ing act It as to be true and know [ ng that I i'an�AA wAc�- .If made under Oath and by virtue of the i DECLARED before me at the 04 In the of of this 21st day of A ' 1 1992— 9 GEORGE �GILVZSY , JR . Signature of Applicant A Commissioner, Etc. JLMi f i LYNNE ALDERSON _ Comms 1 aft., County of adord. for Nesbitt COU11 t. Barristers and Sorccitom E*m Septambet 30.2000. 90 MAY -01-98 15:15 FROM:COUNTY OF OXFORD ID:519 537 3024 PAGE 6/6 SCHEDULE PART INSTRUMENT LOT PLAN P.I.N. a" 2 331 Z41 69 vu -133 all of 00012-0361 Seed 4 3 0� SO oto of 00019-0350 37 all of 00019.0337 ► once d 36 Ott of OOOZS-OS36 I oM W 33 all of 00013.0333 II •nil 19 34 oll of 00093.0334 83 and 14 33 all of 00023-0333 IS am if r--, Sol of 00029'0339 P.[.N. 00029 - 0608 2- fid, X33 r —I---�-- 23.00 set p •!�1 23.00 +— 11. 30 — 11.30 —�—} �— 11.30 �— } 8 1130 516 CC Lt) 1•I lay 41• f-% Q 33. p p Lt� n P.I.N. 00029 0 LOT 31 3 0 3 0 CL w Z �n � — z BLOCK I041 —j 3: 0 P.I.N. 00029 - 06(m — I PART 1 123 1.:• Lt AffacUeA x PLAN LJ 41R-5162 EL —I---�-- 23.00 set p •!�1 23.00 +— 11. 30 — 11.30 —�—} �— 11.30 �— } 8 1130 516 CC Lt) 1•I lay 41• f-% 7 41 ASI -131 a o°tih Qa n 000 r2i NOTE THIS PLAN IS AN ALTERED TRANSPARENCY OF A PROPOSED REFERENCE PLAN. TIES ARE TO CONCRETE FOUNDATIONS . ASSOCIATION OF ONTARIO LAND SURVEYORS AM SU1SAIN 10 mm 1170454 JA TBR nm n nor'rum lil(iE1si01 a mL 10110) BY TIE SuRv" to mcomm Iso ft,11111410111 tlo. am bilin MJIL PLAN OF SURVEY of LOTS 32 to 37 1 BOTH INCLUSIVE and LOTS 60 and 61 REGISTERED PLAN 41M-133 In the TOWN OF TILLSONSURG COUNTY OF OXFORD SCALE 1: 300 METRIC .of 3 ;URVEYING 1998 -T.H.BROOKS LTD. SURVEYOR'S CERTIFICATE I CERTIFY THAT-' 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT,THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE 3rd DAY OF APRIL, 1990. DATE T. H. BROOKS ONTARIO LAND SURVEYOR BEARING REFERENCE BEARINGS ARE RELATED TO THE SOUTH OMIT OF LOT 61 WHICH HAS AN ASTRONOMIC BEARING OF N 78' 50' E ACCORDING TO PLAN 91M-153. LEGEND f OENOTES SURVEY MONUMENT FOUND (41M-135) UNLESS OT11E11wIss -Q- OF -NOTES SURVEY MONUMENT PLANTEO "OrEO •.I11 OCROJES STANDARD IRON BAR sslf DENOTES SHORT STANDARD IRON BAR 16 DENOTES IRON BAR n16 DENOTES ROUND IRON BAR 116E DENOTES ROD AND CAP we'r OENOTES WITNESS ID DENOTES PLAN 41M-153 T.H. BROOKS SURVEYING LTD. T, ONTARIO LAND SURVEYOR t� WOODSTOCK - ONTARIO NONE 1 3:9 1 $is . soot FS04.A*T't p.: CNCCREO 51t: C11tti 0t': feNaL C►IEC11' J00 N0.-3922/19RICKLER 8 til LOT 0 o 33. p p z Q n P.I.N. 00029 � - 0533 3 0 3 0 w M 's• L � ciy z z (J� 123 1.:• AffacUeA x ac LJ ♦/toeAe6 a Gore" " O Ol Garage a z • --- uao -� 1• • .- 11 30 -�. le 7 41 ASI -131 a o°tih Qa n 000 r2i NOTE THIS PLAN IS AN ALTERED TRANSPARENCY OF A PROPOSED REFERENCE PLAN. TIES ARE TO CONCRETE FOUNDATIONS . ASSOCIATION OF ONTARIO LAND SURVEYORS AM SU1SAIN 10 mm 1170454 JA TBR nm n nor'rum lil(iE1si01 a mL 10110) BY TIE SuRv" to mcomm Iso ft,11111410111 tlo. am bilin MJIL PLAN OF SURVEY of LOTS 32 to 37 1 BOTH INCLUSIVE and LOTS 60 and 61 REGISTERED PLAN 41M-133 In the TOWN OF TILLSONSURG COUNTY OF OXFORD SCALE 1: 300 METRIC .of 3 ;URVEYING 1998 -T.H.BROOKS LTD. SURVEYOR'S CERTIFICATE I CERTIFY THAT-' 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT,THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE 3rd DAY OF APRIL, 1990. DATE T. H. BROOKS ONTARIO LAND SURVEYOR BEARING REFERENCE BEARINGS ARE RELATED TO THE SOUTH OMIT OF LOT 61 WHICH HAS AN ASTRONOMIC BEARING OF N 78' 50' E ACCORDING TO PLAN 91M-153. LEGEND f OENOTES SURVEY MONUMENT FOUND (41M-135) UNLESS OT11E11wIss -Q- OF -NOTES SURVEY MONUMENT PLANTEO "OrEO •.I11 OCROJES STANDARD IRON BAR sslf DENOTES SHORT STANDARD IRON BAR 16 DENOTES IRON BAR n16 DENOTES ROUND IRON BAR 116E DENOTES ROD AND CAP we'r OENOTES WITNESS ID DENOTES PLAN 41M-153 T.H. BROOKS SURVEYING LTD. T, ONTARIO LAND SURVEYOR t� WOODSTOCK - ONTARIO NONE 1 3:9 1 $is . soot FS04.A*T't p.: CNCCREO 51t: C11tti 0t': feNaL C►IEC11' J00 N0.-3922/19RICKLER 8 til v z Q lt^1 ciy (J� 123 1.:• AffacUeA x p LJ ♦/toeAe6 Gore" " O Ol Garage z Noaar � oder L p L2�w COw•hKl� O V 1 "ooze � ton 3 •a0n •CIO zf omstfoc:',11 N , O •p w w O 1 # O a Qq 4 4 = n 2 LOT s Q 32 a 4 t Rl u.So ILI 111 1130 318. 7 41 ASI -131 a o°tih Qa n 000 r2i NOTE THIS PLAN IS AN ALTERED TRANSPARENCY OF A PROPOSED REFERENCE PLAN. TIES ARE TO CONCRETE FOUNDATIONS . ASSOCIATION OF ONTARIO LAND SURVEYORS AM SU1SAIN 10 mm 1170454 JA TBR nm n nor'rum lil(iE1si01 a mL 10110) BY TIE SuRv" to mcomm Iso ft,11111410111 tlo. am bilin MJIL PLAN OF SURVEY of LOTS 32 to 37 1 BOTH INCLUSIVE and LOTS 60 and 61 REGISTERED PLAN 41M-133 In the TOWN OF TILLSONSURG COUNTY OF OXFORD SCALE 1: 300 METRIC .of 3 ;URVEYING 1998 -T.H.BROOKS LTD. SURVEYOR'S CERTIFICATE I CERTIFY THAT-' 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT,THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE 3rd DAY OF APRIL, 1990. DATE T. H. BROOKS ONTARIO LAND SURVEYOR BEARING REFERENCE BEARINGS ARE RELATED TO THE SOUTH OMIT OF LOT 61 WHICH HAS AN ASTRONOMIC BEARING OF N 78' 50' E ACCORDING TO PLAN 91M-153. LEGEND f OENOTES SURVEY MONUMENT FOUND (41M-135) UNLESS OT11E11wIss -Q- OF -NOTES SURVEY MONUMENT PLANTEO "OrEO •.I11 OCROJES STANDARD IRON BAR sslf DENOTES SHORT STANDARD IRON BAR 16 DENOTES IRON BAR n16 DENOTES ROUND IRON BAR 116E DENOTES ROD AND CAP we'r OENOTES WITNESS ID DENOTES PLAN 41M-153 T.H. BROOKS SURVEYING LTD. T, ONTARIO LAND SURVEYOR t� WOODSTOCK - ONTARIO NONE 1 3:9 1 $is . soot FS04.A*T't p.: CNCCREO 51t: C11tti 0t': feNaL C►IEC11' J00 N0.-3922/19RICKLER 8 til U WE the undersigned are in petition of the high prices ($4.50 adults, $2.50 kids, or the family rate of $12.00) charged aCTillsonburg's Water Park. We V"Vould like to see these prices lowered before next summer, in order that more people may benefit from this recreational facility. Please make it affordable and not a luxury to the average household in this community and the surrounding area! ' l L ,A P -A j i *� A ON - WAIV"FAAS M s !,, r.M� �.►, �1leirip r I FtEfl -- �• � Ir •� � � �. i _� �� cr► � :LTJ_: , " 1-"1 W44 il r-71 F oa I VA MA10A AO � i 1 YII� � 4 �V _` +�• Z' M' MY, Fffl- V- W-, W-,Owd a Inv 1 _ FIA rA FORM ' l L April 21, 1998 CUL/COM 4/98 MINUTES OF A MEETING of the Tillsonburg Culture Commission held in the Council Chambers of the Town of Tillsonburg on Wednesday, April 15, 1998, at 7:00 PM. PRESENT; K. Englander, C. Brown, S. Jackson, K. Miggens, B. Hume, B. Lewis, M. Rosehart, V. Armstrong REGRETS: L. Albright, S, Molnar, G. Leachman, K. Steer, E. Baxter. ORDER OF BUSINESS; A. Adoption of Minutes: Wenesday March 18, 1998 MSC B.Hume/K. Miggens. B. Business arising from March 18, 1998 Minutes: None. C. Adoption of the Agenda: The agenda for this meeting was adopted with the additons under "E" Committee Reports Finance - Grant Application under "F" New Business: Newspaper Article. MSC K. Miggens/ B. Lewis. D. Representative Reports: Station Arts Centre: V. Armstrong reported that: - Glendale High School Exhibit, April 30, 1998 7:00 PM - Artist of the Month for May is Horst Weideman Crafter of the Month for May is Elizabeth Lamers - Thames Valley Board of Education, May 12, 14, 15, are bringing 150 students to take art programs through the Station. - Nevada site has been obtained - Scottys (Covy's) Restaurant. - New Brochure of upcoming events for the year, all members were given a copy - May 19, 1998 Festival of Flowers, Horticultural Society, at the Station. - Easter Tour report, many visitors through the station ' pleased with the turn out for the first year. Fair Board: B. Hume reported that: - the Craft Show & Flea Market is booked to capacity for the Victoria Lay Weekend Celebrations at the Fairgrounds. 93 - 2 - - The Sausage vendors are still coming in. We hope to end up with 1 - the entertainment for Victoria Day Weekend is booked- e.g. Midway- Robt Gable & Sons from Simcoe, Harness racing at 2pm on Sunday May 17 with Pari -Mutual betting, Grandstand performers, Fireworks & much more. - Fair update: The 4H LLama Show has been added to the program. It will take place on Saturday, August 15, starting time is 10am until finished. The fair has something for every age to see and do. There will be more suprises at the next meeting. TACAC: K. Miggens advised that heree was no report. Theatre Tillsonburg: S. Jackson advised that there was no report. Museum: R. Corner reported that: -Baldwin Family Easter Tour - April 4/5/98 All Groups involved indicated a modest attendance with most of those participating coming from out of town. The weekend will be attempted again next year with greater emphasis being placed on joint promo- tion. Tillsonburg BIA may be approached to take part. - Apr.8 Annandale House was featured on national TV CBC Midday program. It was one of four houses feat- ured. It was 8 minutes long. This will be a great Boost for tourism to both Annandale House and Tillsonburg. - The Museum is hosting its second annual volunteer Recognition Night Apr. 21, several of these volunteers will also be recognized the following evening in London at the Ministry of Citizenship's Volunteer Service Awards Presentations. - May 1, 7:30 pm The Annual Art Show at the museum will open. All Commission members are invited. - May 17 and 18, the museum will be bringing out the Queen Victoria Collection for display in honour of the Victoria Day holiday. The Display will be held over for a 3 month period. -The museum's designation and resulting higher profile has shown an increase in group tours. In the next month the museum will entertain 14 groups including 3 bus tours. Music Community: No Represent y4 - 3 - Tillsonburg Schools: No report. Tourism: Rita Corner reported on behalf of Linda Albright: - an April Community Happenings will be going out in mid April. - A copy of an economic impact study of tourism in Oxford County was discussed. - Our conclusions: Tillsonburgs needs an advertizing budget. A Tourist Information Booth should be open as many hours as possible. Tourism affects every business in town. The Culture Committee Will support the Tourism Commission fully in their endeavours. E. COMMITTEE Reports: Finance: K. Miggens received a request from the Improv. Group at Annondale School for funding to help to send 18 students to the annual Improviganza Work- in Parry Sound April 17,18, & 19/98. Students from all over Ontario will be participating. Motion: That the Culture Committee grant the sum of $150.00 to sponsor the Improv Team of Annondale School to participate in the Improviganza Workshop in Parry Sound April 17, 18, 19/98. MSC M. Rosehart/B. Lewis. Canada Day: The next meeting will be Monday May 4/98 at 7.00 pm in the council chambers. Brad Bartlett agreed to be secretary. Each venue is expected to send a representative to the meeting and will be required to take care of their own ventures. KIOSK: Still being investigated. MURAL: B. Hume and the Fair Board are going ahead with it. F. NEW BUSINESS: Newspaper Page for the Culture Committee To be put on hold for the time being. Each group will be responsible for their own newspaper pub- licity. 13 e _ 4 Upon a motion by S. Jackson the meeting was adjourned. Next Meeting: Wednesday, May 20/98, 7.00 pm Council Chambers -------------------- Secretary S. Jackson .1 9,6 LONG POINT REGION CONSERVATION FULL AUTHORITY - M 3, 1998 The Full Authority met at 7:30 pm in the authority boardroom. All rggUth9 s were �.t_ an Londersele, P. Black, J. Csubak and G. Sytsma. Staff present were J.B. Baskerville and D. Holmes. Former board members G. Backus, W. -Miller were also present. Chairman L. Chanda welcomed everyone and called the meeting to order. He asked for and received no disclosures of interest. Mr. Chanda called upon Camp Trillium Executive Director Todd Fraleigh who along with Pam Rennie were present as a delegation to present plans for permission to sublease the facilities at Camp Trillium, Rainbow Lake. Mr. Fraleigh presented the intentions and plans of the organization to the Board. He explained the camp is trying this venture as a way of raising dollars to help fund the organization and its programs. He told the committee that their full purpose was to raise funding to promote the site for the children. Mr. Fraleigh stated that the sublease program if permitted would function on a limited basis as a trial run for the first year with only one group being able to utilize the site at one time. At the end of the first year an overall assessment would be made. Mr. Fraleigh raised questions to the committee on points as - are there any groups who LPRCA would not feel comfortable renting to - are there any groups that would compete with LPRCA re: current rentals? are there any by-laws restricting the use of the site - what would be the best method to communicate with LPRCA regarding users and other issues. Members discussed and questioned the points raised. Specific groups such as the Lions, Masons, Rotary and school groups were identified as potential users. Discussion centred on the flow of information between Camp Trillium and LPRCA as to the list of potential renters and clause # 17 of the signed lease. Mr. Fraleigh reported that Camp Trillium wished to construct a bell tower building that was not on the original plan and a nature centre and a boardwalk in the sensitive wetlands this spring. Committee members asked several questions. The General Manager reported B. Baskerville would be working with the group. Staff will review the floor plan and design of the nature centre when the information is received. LPRCA will also assist Camp Trillium in the design and location of any boardwalk structures in the wetland area upon receipt of information. MOTION A-7 - moved by R. Orth, seconded by J. Lester and carried that the Authority approve the request from Trillium Childhood Cancer Support Centre to be able to rent the facilities at Camp Trillium to other non-profit groups and organizations during 1998 at times not required for Camp Trillium programs and subject to the Authority receiving a list of all such rental usage by December 31, 1998. Chairman L. Chanda called upon J. Miller, G. Backus and W. Courtnage to present each individual with a plaque recognizing each member's years of service with LPRCA. He spoke on the contributions of each member's term of office and thanked them. Mr. Chanda then called upon the respective members to speak. J. Miller mentioned that the past three years were difficult for LPRCA but that he Was glad to have been a member and v6shed the authority the best in the future. G. Backus expressed his delight and enjoyment of having served as Vice -Chairman. He stated his appreciation for the support of staff and members. He noted that he would continue to be a FULL AUTHORITY COMMITTEE MEMBERS Brian Abele. Peter BIack, Larry Chanda, Joe Csubak. Sharon Hazen, Sam Lamb, Jack Lester. Roeer Orth. Tack Petrie. Flovd Sanderson. Garry Svtsma. Dan Van Londersele. Chris Van Paassen. John Wells 97 April 1, 1998 strong supporter of LPRCA. W. Courtnage told members it had been an interesting twenty-eight years. As Chairman of the Land Acquisition committee; had walked most acres of LPRCA's land holdings and been involved in several of the acquisitions of those properties. He noted the importance of the management of those land holdings and suggested LPRCA's critics take the time to tour all of the properties which could provide them with a better perspective of the overall management that LPRCA does in the watershed. Mr. Courtnage spoke of the Backus Complex and stated he has a tender spot for the Education Centre and the educational programs. He thanked everyone for their support. He called for any errors or omissions of the previous minutes. R. Orth noted correspondence was received and discussed from the County of Oxford regarding the 1998 draft budget. J. Oliver noted the information had been received by fax and distributed at the meeting. Oxford County Council had recommended the Authority decrease the levy to the municipalities by 1.7%. J. Wells reported that there had been discussion at a recent Regional Council meeting for Haldimand- Norfolk and he was unclear on whether remuneration from LPRCA was payable to Regional Councillors for Haldimand-Norfolk as per Annual Meeting motion A-6 part (d). He will clarify this information. MOTION A-8 - moved by F. Sanderson, seconded by J. Wells and carried that the minutes of the previous meeting of the Full Authority held February 20, 1998 (Annual Meeting) be adopted as circulated as amended. Business Arising: none Review of Committee Minutes: J. Lester, Chairman of Finance, highlighted activities of the Finance &- Personnel Committee minutes. C. Van Paassen, Chairman of Resources, answered questions relating t6 the past minutes. He explained Motion RM -2, which will allow the authority to contribute 10% of the lease contribution revenue to the contractors of the leased parks for major maintenance and capital projects when requested. It was noted that the discussion that had taken place regarding LPRCA's forest management policy would be discussed further under new business in the Committee of the Whole. J. Petrie, Chairman of Backus Management Committee reviewed the minutes and noted that Aunt Erie's donation amount was agreed to as the same amount in 1997 after a review of the 1997 financial statement. Mr. Petrie reported that the presentation from M. Wilson regarding the Bicentennial celebrations was very informative. Mr. Petrie explained that the committee is prepared to reconsider the special "Heritage Event Special Pass" for 1998 pending approval of design and graphics. M. Wilson reported the committee members are prepared to go door to door to sell the special pass for a fee of $25. The pass would be for one entry per day to one specific event. F. Sanderson suggested a letter be sent to R. Cruickshank recognizing his contribution and service as a staff person for the past twenty years. Mr. Oliver reported that R. Cruickshank had been invited to this meeting but had a prior commitment. D. Holmes is arranging a social evening where members and staff will be invited. R. Orth requested inforination on the new Hertiage Programmer's position regarding the job grade, etc. be given to the Finance &- Personnel Committee. NZ FULL AUTHORITY COMMITTEE MEMBERS Brian Abele, Peter Black, Larry Chanda, Joe Csubak. Sharon Hazen, Saen Lamb. Jack Lester, 2 Roeer Orth. lack Petrie. Flovd Sanderson. Garry Svtsma. Dan van Londersele. Chris Van Paassen. lohn Wells April 1, 1998 MOTION A-9 - moved by B. Abele, seconded by C. Van Paassen and carried that the Authority approve the action taken and accept the recommendations made as recorded in the minutes of the following meetings: Finance &. Personnel Committee - February 24 & March 2, 1998 Resources Management Committee - March 11, 1998 Backus Management Committee - March 24, 1998 Correspondence: Region of Haldimand-Norfolk - S. Scheers, H -N Tree Commissioner - advising LPRCA that there were no violations observed on the March 9' tour of two woodlots. He would like the management prescription for each property to accompany the `Notice of Intent to Cut' form. He suggests that the authority invite all those involved in resource management locally and all those who have expressed concerns in the past be advised of the open house. He also stated that while the authority is following "good forestry practice" he would like to see alternative approaches demonstrated to indicate to the public there is merit in alternative silvicultural applications. Mr. Scheers suggested that the decision for harvest timing be reviewed by LPRCA and that if each management prescription is developed on the basis of each woodlot that the timing decision for management be made then. LPRCA presently has a policy to only allow timber removal from September 1 - March 31. Mr. Holmes reported that LPRCA has a very good working relationship with the Haldimand- Norfolk Tree Commissioner and that LPRCA adheres to the Region's by-laws. The authority also adheres to the County of Oxford tree commission by-laws. Several members felt that the authority should reconsider its policy on the restriction of cutting forest product in the summer. Norfolk Field Naturalists - Peter J. Carson, President of the Norfolk Field Naturalists regarding forest management issues on the public lands that the LPRCA holds. The Norfolk Field Naturalists would like representatives from LPRCA to attend their May 12'' meeting to have a frank discussion of conservation issues/areas of concern. They want to strive to build a strong line of communication so they and the public can be proactive rather than reactive in regards to very important issues of forest management. The committee members questioned and voiced concern on the tone and comments noted in the letter, in particular, the wording of their "concerns with deviation" that LPRCA has taken in its daily operations. Both the General Manager and the Chairman stated the authority has not deviated from any policy set by LPRCA or MNR. The General Manager, the Chairman and the Vice -Chairman will be attending the May 12`h meeting. Any other members who wish to do so are certainly welcome. Mr. Oliver was requested to invite representatives of the Norfolk Field Naturalists to a future full authority meeting. Ontario Hydro - regarding the study to investigate Admiralty Brass metals in the Nanticoke Generating Station and a copy of the consultant's report. The summary states it does not appear that emissions from the Nanticoke's Admiralty Brass condenser tubes are having a significant environmental impact on the aquatic receiving environment. Camp Trillium - T. Fraleigh requesting a meeting to discuss guidelines for renting/leasing the Rainbow Lake site and the location of the Nature Centre within the sensitive wetland area. Grand River C cruse—1 va ion Authority - media release on their 1998 budget. Fill, Construction Applications: none 99 FULL AUTHORITY COMMITTEE MEMBERS Brian Abele, Peter Black, Lary Chanda, Joe Csubak, Sharon Hazen, Sam Lamb. Jack Lester, Roger Orth. Jack Petrie. Floyd Sanderson. Garry Sytsma, Dan Van Londersele, Chris Van Paassen, John Wells 3 April 1, 1998 Ac _otints- The in s -The Finance &- Personnel Committee did not meet in March, therefore, accounts for February required approval. Ni OITON A- t n - moved by J. Wells, seconded by F. Sanderson and carried that accounts for February totalling $81,621.04 be approved. New Business: J. Robertson gave a brief report on the present and planned activities of the 50'h anniversary committee. She reported on a number of dates that the committee will plant trees at the watershed municipal locations to commemorate the 50" anniversary. Chairman L. Chanda reviewed the calendar of events for April and noted the Pancake Brunch at Backus on April 5`h from 11:00 am - 4:00 pm. MOTION A 11 - moved by J. Lester, seconded by J. Petrie and carried that we do now enter Committee of the Whole. MOTION A, I2 - moved by J. Lester, seconded by R Orth and carried that the Committee do now rise. Three items were discussed. B. Baskerville reported on a fill violation on a property located in Normandale. The General Manager reported and updated members on the two properties that could be considered as possible land acquisitions in 1998. He noted he is negotiating with the Nature Conservancy at present regarding the Bridgeman property. The General Manager reviewed the correspondence from P. Black regarding the Authority's Forest Management Activities. Members questioned and voiced concerns in regards to local media coverage; letters to the Long Point Foundation; the delegations who met with J. Oliver, D. Holmes and P. Black, plus the FON correspondence on LPRCXs Forest Management Policy and Procedures. Discussion centred on guidelines for a twenty year management plan. MOTION A 13 - moved by C. Van Paassen, seconded by S. Lamb and carried that the authority investigate the feasibility of compiling a comprehensive forest management plan for authority forests for the years 2000 - 2020, with all forest values considered and in accordance with the policy and procedures for forest management dated December 7, 1994. MOTION A-14 - moved by R. Orth, seconded by S. Hazen and carried that an information charge be laid against Mr. Robert Kowtaluk for violation of our fill, construction and alteration to waterways regulation. Chairman L. Chanda reminded members of the annual meeting of the Long Point Foundation and the need for six new directors. L. Chanda Chairman Pam Bravener Supervisor of Finance SL Administration 100 FULL AUTHORITY COMMITTEE MEMBERS Brian Abele, Peter Black, Larry Chanda, Joe Csubak, Sharon Hazen, Sam Lamb. Jack Lester, 4 Roger Orth, Jack Petrie, Floyd Sanderson, Garry Sytsma, Dan Van Londersele, Chris Van Paassen. John Wells W28/1998 14:39 rtl- April 23, 1998 7054877296 COUNTRYSIDE PLANNING LARRY D. COTTON ASSOCIATES LIMITED Countryside Planning Consuko►nts l mywr mw %-uu o4 Corporation of the Town of TEbenburg Dear Mayor and Council: RE: DRAFT APPROVED SUBDIVISION #32 T-89010 DAVLAUR DEVELOPMENT LIMITED PAGE 01 I have been retained by Davlaur Development Limited to facilitate the development of their Draft Approved Plan of Subdivision for 30 residential units, situated in the south- west portion of the Town. My clients an ankhms to proceed with the projeet as soon as possible. With this goal in mind, I am woridng with the owners and their engineer, Bill Schad, in thoroughly reviewing the project. We gill bring our thoughts to you and staff within the next month. The major concern of my client is the economic viability of the project, as it presently is structured. Development of this type is not only capital intensive, but the majority of costs are up front, before any revenues are received. Compounding this concern are the slow market conditions for new residential construction. As a result, our project review will look very closely at opportunities to reduce up front costs, to allow the project to proceed as soon as possible. In conclusion, the Tillsonburg project is a priority of my clients in 1998. With the assistance of the Town, the development will begin moving forward this year. We look- forward ookforward to providing our thoughts and considerations to staff and Council in the near ft1ture. Thank you. Sincerely, Ooe07'-� Larry D. Cotton, BA., B.Ed., AMCT, MCIP, RPP_ cc OFFICIAL. PANS + ZpNiNC3 �y-�.AWSSIONS FEAS1�31LITY $t'UDI�S $U9D 1 101 84/Z3/58 Z3:19:4Z EST; ASSOCIATION OF?-> APR -23-98 THU 05:21 PM AMO Member Communication ALERT For Immediate Action CLERK-Tillsonhurg T Page 88Z FAX N0, 4169716191 P. 01/01 Association of �'�► Municipalities of Ontario 393 unlvara trAvsnue, SUM 1701 Toronto. ON N5G 1E0 Tel: (415) 071 -BLU • ice: (416) 0714141 email: vtna02MQ.11lu0=M con Provincial Throne Speech Focuses On Jobs, Health Care, Education and Workfare. April 23v 1998 Alert - 98/012 The Issue: Today, the Province presented its Throne Speech, marking the beginning of the Spring legislative session The Facts: In the traditional Speech from the Throne, the Government of Ontario today set out the broader goals for its second legislative session. These goals include: investment in long-term and community-based health care; continued tax cuts; an early learning study for children: and an expansion of work -for -welfare. Highlights of the Throne Speech that will be of particular interest to municipalities are: • Legislation will be introduced to: -- ready the electric industry for the challenges of competition - reduce red tape -- amend labour legislation (focussing on the construction industry) -- ensure that no future government can increase taxes without the approval of taxpayers through a referendum • The work -for -welfare program will be expanded (e.g. community placements increased) and welfare fraud and abuse efforts will be stepped up • The Government has committed to improve air and water quality (e.g. through Drive Clean) • Initiatives will be introduced to significantly increase the number and quality of long-term care beds". Community care services such as homemaking programs will be enhanced. What role municipalities would play in these initiatives needs to be clarified. • Cuts to payroll taxes will continue • A continued investment will be made in the northern highway network and telecommunications infrastructure to address geographical distances that make communications a challenge • Recommendations of the Rural Youth Advisory panel will be implemented to ensure employment and training opportunities for young people in rural Ontario Further comments: As typical of Throne Speeches, this one does not specify details. For example, it is unclear whether the legislative proposal for referendum on tax increases relates to property taxes. The Throne Speech made no mention of the draft new Municipal Act legislation or whether it would be introduced this session. AMO will be pursuing the answers to these and other questions. This information is also available through AMO's Municom network at www.municom.com For more information contact: Pat Vanini, Director of Policy and Government Relations at (416) 971- 9856 ext. 316 or email: pvaninieamo.munieom.com Transmission problems: Cadeen Newland at 416-971-9856 ext. 300 102 84/28798 Z3:S6:13 EST; ASSUCIATICK OF?-> APR -28-98 TUE 04:43 PM AMO M erg) ber Corn m unicatior7 For Your Onformation For Immediate Attention CLERK-Tillsonburg T Page 88Z FAX NO. 4169716191 P. 01 Association of � . j Munlclpalities `. .�r� . of Ontario 303 UnkmbAvsnue. Subs 1701 Toronto, ON M6G 1Ee T•I: (410) 97149156 • hx: (416) 971-2101 sms2: umaesma.mankam.eam AIVIO'S Advocacy on Emerging Issues April 28, 1998 FYI - 981014 ISSUE: AMD's Board of Directors dealt with two emerging issues - impacts of delay in return of the assessment rolls, and reports of Govemment's approach for a surplus budget situation. FACTS: 1. Assessment Roll Delay: The delay of the assessment roll from April 30'hto May 31', 1998 creates delays in the issuance of final tax notices. The Province's solution was to authorize upper tier municipalities an increase in their interim levy amount or installment and to delay the payment to the Province for services it would bill municipalities. Many lower tiers and separated cities will also face cashflow difficulties as they are required to make school board payments by June 30'. AMO has again objected to the delay of the assessment roll and has sent a recommendation that the province solve this additional impact by either pre -flowing its grant portion of education funding or if the Province is not prepared to do this, that it defer the municipal payment and the Province pick up any interest charges incurred by the boards as a result of any borrowing to cover municipal money not received. AMO will keep its members informed of any further developments on this matter. 2. Provincial Budget Surplus - Reported Approach Media reports (Globe and Mail article dated Saturday, April 0, 1998) indicated that the Government intends to use budget surpluses in future years to cut property taxes. Part of the reported approach is to take all education costs off property taxes and either shift additional services/costs to municipalities, such as long-term care ($1.1 billion service), or to cap property taxes to prevent municipalities from using vacated education tax room. While AMO supports the removal of education from the property tax base along with other income redistribution programs, it does not, however, support any unilateral action by the Government. AMO has again called on the Government to develop an agreement with the municipal sector on how to phase out income redistribution programs from the property tax base. For more information contact: Pat Vanini, AMO Director of Policy and Government Relations at (416) 971-9856 ext 316 or Babak Abbaszadeh, AMO Policy Advlsor at (416) 971-9856 ext 340. For transmission problem: Carleen Newland at 416-971-9856 ext. 300 I03 B " 1/98 Z3:44:88 EST: ASSOCIATION OF?-> Is MAY -01-98 FRI 04:47 PM AMO Member Communication F Mv or Your Onfo rm a For Immediate Aftntion CLERK-Tillsonburg T Page HHZ FAX NO. 4169716191 P. 01 Assocletlon of Municipautles ...�'�. of ontarlo Sas university Avenue, Suits 1701 Tgnm" , oN MSG 1 EO TN. (416) 971-98sa • [ale (416) 071-8141 wall luma®sma.munIcem-com May 11 1990 FYI - 981015 ONTARIO PROPERTY ASSESSMENT CORPORATION (OPAC) NAMES CHAIRNICE-CHAIR ISSUIE: The Ontario Property Assessment Corporation (OPAL) has held the first meeting of its Board of Directors and has selected a Chair and Vice -Chair. FACTS: Emil Kolb, Regional Chair of the Regional Municipality of Peel, has been named Chair of the OPAC Board of Directors. John Geoghegan, Mayor of Woodstock and Councillor for Oxford County, Was selected as vice -chair. The Board's next task Ql be to select a Chief Administrative Officer to manage the transfer process. The current cost of property assessment service delivery is $123 million, affecting some 1,700 staff. Mr. Kalb says OPAC will now "select a team with the financial, structural and technical expertise to effectively handle the transfer of property assessment services from the Province c to the municipal sector." Mr. Kolb has also said that the July 1998 time frame which the Province had originally suggested for the transfer may be too ambitious. STATUS: AMO will be monitoring the progress of OPAL and will keep members informed of any developments. This information is available through AMO's MUNICOM network at www.rl?unic0rl7.c0m. For more information contact; Pat Vanini, Director of Policy and Government Relations at (416) 971- 9856 ext. 316 or email: pvanini@amo.munieom.corn Transmission problems contact: Carleen Newland at 416-971-9856 ext. 300 104 BS/BS/90 Z3:ZZ:ZB EST; ASSOCIATION OF?-> . H' ,Y-05-98 TUE 06:01 PM AHO ALERT CLERK-Tillsonburg T Page 88Z FAX NO. 4169716191 P. 01 Association of Municipalities of Ontario s4s univam ty Avenue. Salto 1701 Tamnto.ON MSG 1E0 Tei: (410) 971-0000 • fox (410) 071-41 O1 wan: srnag•a,a.man:ca►1.com For Immediate Action May So 1998 Alert - 9a/014 1998 Ontario Budget The issue: The Ontario Budget focuses on job creation in five major areas - tax cuts, health care, education, supporting children and safe communities The Facts: AMO attended the budget lock-up and provides the following highlights of the Budget as it relates to municipal governments. Tax Cuts: • Some 36 new, reduced or accelerated tax cuts were announced to support job creation and economic growth, including accelerating the final phase of the personal income tax cut to July 1998. a Commercial and industrial education taxes are to be cut for the 42 single and upper -tier municipalities with tax rates above the provincial average (3.30/6), supported by a $500 million, 8 -year program that will see $64 million in 1998, $128 million in 1999, and the balance phased in over the remaining six years. No matching municipal dollars will be required. The Province will increase the grants to affected school boards to offset the impact of this cut. This action is an important first step in dealing with education on the property tax base. • Minister Eves, in his budget speech, indicated that "After municipal budgets have been set for. 1998, the Government will begin a new dialogue with municipalities and taxpayers to find the most effective ways to further reduce property taxes, while maintaining important services." AMO will be pursuing this and we should expect that it will be a matter to be discussed at the August Annual Conference. Policing: • A $131 million, 5 -year program to support Community Policing Partnership - a cost sharing program with municipalities to hire new front-line police officers, with $11 million available in the first year and $34 million in each of the remaining years. It is unclear at this time whether this program will help deal with the unfunded policing costs resulting from the transfer of provincial highways over the last two years. • $19 million to support other community safety initiatives including Rural Crime Prevention and Anti -Biker Gang Squad. Fines for running red lights are to be doubled. 105 ...12 8SIRSM Z3 23:8S EST; ASSBEIAT ION OF?-> CLERK-Tilisonburg T Page 883 "�`:'-05-98 TUE 06:0 PH AHO FAX N0, 4169716191 P. 02 k Imber Communication - Alert: 1998 Ontario Budget - 212 Social Assistance: • The Leaming, Earning and Parenting (LEAP) Program will provide $25 million in child care subsidies and other supports to help single parents on welfare finish school, and an additional $10 million for child care assistance for other participants in Ontario Works. • The Budget Papers continue to indicate the Government's desire to make the welfare system less bureaucratic and complicated. Public Heafth: • The wealthy Babies, Healthy Children Program funding is to be increased by $10 million in 1998- 99 and reach $50 million annually by 2000-2001. Enviranment: • $20 million for a Natural Areas Protection initiative to protect and acquire important natural heritage sites and environmental lands. • $10 million for Fish and Wildlife Protection and Enhancement. • $5 million for the creation of the Ontario Great Lakes Renewal Foundation to attract contributions for clean-up efforts. • While there is some investment in preserving the environment, there is no financial assistance for municipal recycling programs which cost municipal governments about $50 million annually. Roads: • The Province will upgrade the provincial highway system with an investment of $820 million (1998-99). This includes northern highways. • Municipalities still have no access to the Fuel Tax, which is expected to raise $600 million in 1998. ACTION: Many of the details relating to these new programs will be released over the coming weeks. An announcement on the Community Policing Partnership is expected by the end of the week. AMO will keep its members informed as further information becomes available. This information is also available through AMO's Municom network at www.municom.com For more Information contact: Pat Vanini, Director of Policy and Government Relations at (416) 971- 9856 ext. 316 or email: pvanini@amo.municom.com Transmission problems: Carieen Newland at 416-971-9856 ext. 300 May 5, 1998 Attention: Ministry of Finance Office of the Minister Minist6re des Finances Bureau du ministre 1 of WOW 1998 Bud et : Jobs for the future, toda -- Bon. Ernie Eves, Q.C., Minister of Finance Today's budget spends more on those services that Onlarians have told us arc their priorities, including health care, classroom education, work for welfare, and community safety; keeps the province on track to a balanced budget; and focuses on tax Cuts to create jabs. T'he plan is nrkin -- Onlarians have a renewed confidence and optimism in our future. Today Ontarians believe our province is once again the best place in the world to live, work, and raise a family. Creating jobs through tax cuts / Balancing the Budget 36 proposed new tax cuts in today's budget make a total of 66 since the 1996 budget. The renal phase of the 30% cut in Personal Income I ax rates would be moved up by six months to 1 July 1998. More than 90% of Ontario taxpayers would receive a cut in Ontario income tax of at least 300/6. Every Ontario taxpayer gets a tax cut, but those with modest incomes would get the largest percentage inductions. Today's budget announces that the final phase of the Employer Health Tax exemption would be moved up to 1 July 1998; the stnall business tax rate would he cut in half to 4.75% over eight years, and commercial and industrial education tax rates would be cut by $500 million over eight years. We are establishing an environment that supports job creation by cutting taxes, reducing the deficit and eliminating rod tape. In the twelve months leading up to IFebruary 1998, the Ontario economy created 265,000 net new private sector jobs, an all-time record. Today's measum will increase the competetivencss of Ontario's businesses and help them create more jobs for Oniarians. Last year's deficit is $5.2 billion, almost $1.4 billion lower than our target. The 1998-99 deficit will be $4.2 billion, also ahead of our target. Ontario is on track to eliminate the deficit by 2000-01. Spending education dollars in the classroom where they will help children By defining classroom spending, we can now ensure that tax dollars am spent where they will directly benefit our children. The government has already announced an inose of $583 million to classroom spending. A $1.2 billion class size protection fund will end the trend to larger classes; $100 million has been earmarked for new textbooks; $130 million (with private sector co-operation) will upgrade internet connection in the schools; the agreement on changes to the Teachers' Pension Plan will save taxpayers $33 billion over the next 31 y(.-trs; and a new student assistance program will combine with the Millennimu Fund to invest more than $9 billion to meet student needs and limit student debt. Ensuring that excellent health services will be there when we need them Despite federal health care funding cuts of $2.4 billion, Ontario's health care spending will increase to $18.5 billion in 1998-99. Ontario is investing $1.2 billion to add 20,000 and upgrade another 13,500 long-term care beds, and improve community care; $75 million over two years will open hospital beds in time -i of peak demand to address emergency room concerns; $300 million will go to medical equipment renewal; $170 million more will assist Ontario's Children's Aid Societies help our most vulnerable children; and Ontario has shown true leadership by pledging another $100 to $200 million to help hepatitis-C victims. Helping people on welfare get read jobs Ontario's Work for Welfare program has already helped more than 240,000 people acquire skills, confidence and contacts. New funding will incrtrdse child care*access for participants, and help more Ontarians out of the trap of welfare dependency and into the workforec. (in addition, $100 million for a new Ontario Child Care Supplement for Working Families, together with $40 million announced last year, will support 350,000 young children in working families.) Malting our communitiessafe: Ontarians have a right not just to be safe, but to feel safe, in their neighbourhoods. Ontario will spend $150 million on new community safely initiatives including community Policing partnerships and an "Anti -Biker Gang Squad". For more information on the 19518 Ontario Budge4 to receive your own copy, � (� or to have your name reproved from dais fax lestp carp 1-800-337-7222. ATTENTION: McKnight, Cam Town of Tillsonburg Common Sense Volume 4 IT."le 23 April 1998 TO Key Contacts FROM : Office of the Premier RE : Throne Speech signals government is listening, learning and moving forward Lieutenant -Governor Hilary Weston this afternoon read the traditional Speech from the Throne outlining the government's plans for a new session of the Legislature. Today's speech follows a period of wide-ranging dialogue about Ontario's future. Premier Harris and cabinet ministers listened to hundreds of Ontarians in more than two dozen centres across the province; public servants made concrete suggestions on service improvements; individual WPs heard from thousands of people in their own ridings with ideas about how to build a brighter future for Ontarians. • Educa ft aro children for the figure : Listening: Ontarians have said that we must judge our education system by results, not and our goal must be nothing less than excellence. Learning and moving forward: Reforms already in place will mean more dollars in the classroom, less money on waste, bureaucracy and trustees; more: teachers' time in the classroom, standardized testing, a back -to -basics curriculum; and report cards that parents can understand. We can now focus on ensuring our children get the results we know they can achieve_ Parental involvement will be enhanced; partnerships with the private sector will entire access to 21st century technology; standardized testing will be expanded; excellence by both students and teachers will be recognized and encouraged. • Malone WoOve work : Listening: Reforms already implemented have helped many individual Ontarians who asked to be freed from the cycle of welfare dependency. Learning and moving forward: The government commits to move to the next phase of its plan to convert welfare into work by expanding mandatory work -for -welfare to ensure that every welfare recipient does something of value in exchange for his or her benefits; increasing the number of community service placements; stepping up the crackdown on welfare fraud and abuse; and simplifying a system that still remains too complicated and biueaucratic. • Health care for all: While working to ensure health care dollars are spent wisely and efficiently, and to better co- ordinate service delivery, this government has also increased health care fundbig to its highest level in his Listening: Despite agreement on the goals of restructuring, the government has heard, loudly and clearly, the voices of people concerned about the pace and impact of change_ Learning and moving forward: These concerns are real and legitimate, and this government will move to address them by increasing significantly the number and quality of long term beds; increasing community care such as in-home nursing and homemaking programs; and freeing beds in hospitals so they can be more appropriately used for acute care and emergency patients. • Personal sa : Listening: Ontarians have insisted that we all have the right not just to be safe, but also to feel safe. Learning and moving fonmrd: The government will respond by expanding strict discipline programs for young offenders; supporting law enforcement officers who protect our lives and safety at the risk to themselves; and better cc-ordinating services for crime victims under a new office for victims. • A stern ewww with obs and growth : This government was elected on a plan to turn the province around, strengthen the economy and create jobs. Today, retail sales are at an unprecedented level; consumer and business confidence is up; welfare rolls are shrinking; and more than 341,000 new private -sector jobs have been created since September 1995. The evidence confirms that the plan is working. Listening: Most Ontarians are beginning to enjoy the benefits of a strengthened economy. They've said they believe the government is headed in the right direction, but must take care that its reforms are implemented carefully and well. Learning and moving forward: To tlicsc Ontarians Mike Harris has this mcasage: "We're listening We hear you. We will move forward with cure. Your government will move forward with care• but it must move u r because that, too. is what the people have .said " ATTENTION: McKnight, Cam Town of Tillsonburg Toronto Star, Thursday 23 April 1998 FILINK JONES Harris made changes that were needed QUNTME on the sideof Mr. Silly. The only real problem Premier Mille Hart is faces these days is thathe's tiled up the wrongpeople: thewhinem.Mevic. tiro graoups and theirsmarty-pants friends intoe media. So now. Hares can'tstickhis now out of doors without encountering the cameras and mkrophones wait• ingto trap himin somenewblooper. Last asked what was the last book he'd read, Hares, stumped for a moment, blurted out that he thought it was the Mr. Silly book he'd rid to his young son. Never mind that 90 per cent of us would probably have diffiailty -- Wt book we'd nlastbookwe'd read; neverm- that Mr. Silty is one of a charming series of books ihat many children adore, and that a man could do worse than read one to his child: his critics have been ridiculing Harris over his reply ever since. What did they expect him to an- swer?Plato's Dialogues? Last week the slicldeswere atit again The province plans to elimi- nate the $37 -a -month extra food al lawanm given to pregnant women on welfam, Harris let slip that the province wanted to make sure "those dollars don't go to beer." It was a foolish statement and one Harris quickly apologized for. But too late—by then hordes of com- mentators were stomping all over him with their wonderful sarcasm. And not one, to my knowledge, raised the real issues, which are: how do we break the Kenerntion-to. 109 OUTSTANDNG PoLncuLU When the history of this decide is written, it will be seen that Mike Harris is this province's outstanding political leader of the era. His gov- erment remarkably free so Eat of corruption, will be honoured for that rarest of political commodities: courage. By cwnbw% hispredeoessor, Bob Rae, while a decent and able person. vAll go down as an abysmal failure. Not only because he saddled himself with the Stupidest and most naft cabinetin memory.butbe- cause he thou he could buy off Me union tigers with "Rae nays" — the compulsory holidays designed to avolevmrredhim. the event, the tigers d Harris made no such mistake. He knew the union leaders were not his fiends. Which make all the morebr larious the tewhc& and nurses' threats to bring down Harris' gov ernment.Too late amigos: you al- ready did it — to Bob Rae, the best friend you everhad. But Milm Harris, Ipredict willbe returned at the next election be- cause more and moTe4mple will see that what his government has done was 6W He faced and the�re� entrenched elites in the old minor league City of Toronto, and gave us a real Toronto to be proud of. Cutting welfare benefits by 20 per cent when he came to power was brutal, but Ontario had become Can- ada's handout heaven and now the welfare rolls are down substandaily. Most amazing of all, Hands tack- led ackled the bloated and inefficient edu- cation bureaucracy and a health care system where costs were going out of sight. By doing so. he risked the wrath of parents and patients, whose fears have been played upon by self-serving teachers and hospital groups - All ofus have pet programs we hate to see hurt. But tharsthe trou- ble: if every program is an excep- tion, we are back in the same mess. Harris' proedecessors knewthe job had to be done. but they never had the guts. Now his media Critics can weep and wail all they like, but Har. ris can point to a province that has recovered its position as this coun- try's economic dynamo. The next erection? It's a foregone conclusion. ATTENTION: McKnight, Cam Town of Tillsonburg Common U date Sense p TO Key Contacts FROM Office of the premier RE Largest -ever expansion of health services in Ontario history S Billion inYestment will improve access to high quality long teXM rA a services Volume 4 Issue 2 1 may 1998 Earlier this week, Health Minister Elizabeth Witmer announced that the Ontario government will invest $1.2 billion to improve access to high quality, long tern care services across the province. This investment -- the first =nowcor wt of new long-term care beds since 1988 -- will virengthen community services; reduce waiting lista; and cicato gobs. Thus morning the community by community breakdowns were released indicating the number of new long-term care beds and the amount of funding which will be received in each region or county across the province as a result of this ergwWon. • NftxStliexbW community scrvicea ; By creating 20,000 new beds in nursing homes and homes for the aged, 175 new long-term care facilities and community-based services for more than 100,000 elderly and disabled Ontarians, this guov ant is ensuring that the entire health care system is better co-ordinated, and better able to meet current and fiame needs of a growing aad aging population. • Reducing waking llsir : This expansion will reduce current waiting lists for people wanting to get into long-term cava facilities. At the same time it will take pressure off hospitals and provide easier access to hospitals and emergency rooms. • Creating new jobs : The $1.2 billion investment will create 27,500 new jobs in the health system, including about 7,900 positions for registered nurses and registered practical nurses; ano*er 19,600 jobs will be created for health care aides, homemakers and other front-line care workers. In addition, an estimated 42,500 new construction jobs will be created as new long-term care facilities are built. Every Region benefits as beds distribution announced ttll rnorninE Invesoft to benefit local comruunides ; Every region of Ontario will see an increase in community health funding over the next eight years as a result of this largest -ever expansion of health care services in Ontario. The 20,000 new long-term care beds will also be spread across the province. The estimWed dWrlbudon of beds was waounced this morning, including the following highlights: n or County New LTC beds Durham 847 Halton 1,579 Peel 2,267 York 1,523 Hamilton -Wentworth 1,308 Niagara 646 Ottawa -Carleton 1,313 Region or County New LTC beds Toronto 59837 Northern Ontario 945 Remainder of Eastern Ontario 19648 Remainder of South-western Ontario 2,066 Total Ontario: 20p000 711ewnon Sense Updarte is published by the Progressive Conservative Caucus at Queen's Park. If you no longer receive this Update; if you know of someone else who would like to be added to the list to receive this Updater if you have any other questions or continents, please fax them to Comma Sense Update at 416-325-7588. Ho OUR FILE: 5L co" Porafion o/e COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 .; MEMORANDUM Fax: (519) 537-3024 Telephone: (519) 539-9800 To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Planning Department Reviewed By: Michael Barrett, Oxford County Planning Department Re: Planning Comments on Application for Minor Variance A-3198 Date: May 8, 1998 BACKGROUND Applicant: Bruno Kelle Agent: Robert Horvath Construction Location: 94 Parkwood Avenue Official Plan: Low Density Residential Zoning By-law: Residential First Density (R1) Adjacent Uses: Sports fields and townhouses to the north, low density residential in all other directions Proposal: The applicant wishes to recognize the construction of a bay window. Requested Relief. To reduce the Exterior Side Yard from the required 7.5 m (24.6 ft.) to 7.08 m (23.2 ft.) - (Section 6.2.1.1.9) COMMENTS Intent and Purpose In compliance of Official Plan: Intent and Purpose The subject property is a residential corner lot containing a partially of Zoning By -Law: constructed single storey detached dwelling facing Parkwood Avenue. The applicant is requesting the variance to recognize a bay window, occupying a small portion of the north wall of the dwelling, which encroaches approximately .4 metres (1.4 feet) into the required exterior side yard. The purpose of the exterior side yard provision in a residential zone is to provide adequate separation between the dwelling and vehicular traffic, maintain site lines and to provide similar setbacks to other dwellings along the same side of the street. Based on the fact that the bay window only occupies a small section in the middle of the dwelling's north wall, it should not have a significant impact on the site lines of adjacent property owners or jeopardize visibility for vehicular traffic at that intersection. R2 R, 6 1 %/ z W w o < z rw x y..m Plate 1 - Location Map Bruno Kelle, 94 Parkwood Drive Application A-3/98 NOTE: THIS IS NOT A PLAN OF SURVEY I ItLSONBURG - MICIIIELS Im R TU "BURG Subject Property © LAND RELATED INFORMATION SYSTEM �p COUNTY OF O%FOPp CREATEDORCRIWAK1998 V A-3198 Page 2 Extent of Variance: The variance is minor Desirable Use or Residential development on Parkwood Drive is characterized by Development: single -detached dwellings of similar design and it is felt that the bay window is not out of character with surrounding development. Recommendation: That the Tillsonburg Committee of Adjustment approve application A-3198 for 94 Parkwood Drive. Plate 2 - Applicant Sketch SURVEYOR'S REAL PROPERTY REPORT PLAN OF LOT 73, REGISTERED PLAN M-59 TOWN OF TILLSONHURG COUNTY OF OXFORD 0 5 10 S SCALE — 1: 250 M E ! R I `r BE CONVERTED To FEET BY PLAN BY a 3048 S AND CAN KIM HUSTED SURVEYING LTD. REPORT SUMMARY(To BE READ IN Co=NC ON WITH PLAN OF SURVcY) REGISTER::.' EASEMENTS AND/OR RIGHTS-OF-WAY. IME REGISoERED ON Mr - COMPLIANCE WITH MUNICIPAL ZONING BY-LAWS IS = CERTIFIED BY rPIIS REPORT. ADDITIONAL REMARKS: PROPERTY DESCRIPTION - LCr 73. REGISTERED PLAN M-59 TOWN OF i1LLSONBURG. COUNTY'OF OXFORD. ALL CE P.I.N. 00041 - 0432. - BUILDING ^ES ARE MEASURED TO THE EXTERIOR FAL OF THE CONCREi: FOUNDATION. THE AREA OF LOT 73, REGISTERED PLAN M-59 a 833 SQUARE METERS THE AREA OF LOT 73. REGISTERED PLAN M-59 C0%oto BY THE CONCRT FOUNDATION AND GARAGE - 230.6 SOUARE METERS LOT COVERAGE - 26 THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR ROBERT HORVATH CONSTRUCTION AND THE UNDERSIGNED ACCEPTS NO RESPOdSIBIUTY FOR USE BY OTHERS SURVEYOR'S CERTIFICATE i CERTIFY MHAT (I) - THIS SURVEY AND PLAN ARE CORRECT AND 111 ACCORDANCE WITH THE SURVEYS ACT. THE SURVEYORS ACT AND IME LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM (2) - THIS SURVEY WAS COMPLETED ON THE 24tHWLAND . -MARCH 26. _1998OATS YOR t DETYY EE N CONCESSIONS 10 AND 11 ( 1•<NOWN AS CONCESSION STREET ) BLOCK F _`----------------- (ONE FOOT RESERVE) REGJSTE.RED PLAN M-50 P.I.N. 00041-0191 R-6.10 N 78' 32' 3r E I 130.66 (P, do M) I }.--�� A-9.57 ^ ^ A C-8.62 N51 6'28.49'W LOT 73 " n inr� I (PI S, *4 9B (727) P.I.N. 00041 - 0432 } (VAT) LT68330 y y T ry 15.05 I A e 1 8.85 N CONCRETE '8 312.02 FOUNDATION ii.�.�..i 7.5 .. o C, n i GARAGE m r � `D o I I , aEVA ZION v T i Top OF �f I FOUNDA 170NLLI, X229.22 'i�ii� 1 12.13 i i i iii .i 7.55 —' Y 1.50 1.50 , 1� L37.:0 s --t N 78' 29' Z�' r _ (PI dt S) �"p j 82; i .. IB ( 227) s � h _j in ! c I o CLI P.I.N. 00041 - 0431 0 fAJ f li I N � �.. Plate 2 - Applicant Sketch SURVEYOR'S REAL PROPERTY REPORT PLAN OF LOT 73, REGISTERED PLAN M-59 TOWN OF TILLSONHURG COUNTY OF OXFORD 0 5 10 S SCALE — 1: 250 M E ! R I `r BE CONVERTED To FEET BY PLAN BY a 3048 S AND CAN KIM HUSTED SURVEYING LTD. REPORT SUMMARY(To BE READ IN Co=NC ON WITH PLAN OF SURVcY) REGISTER::.' EASEMENTS AND/OR RIGHTS-OF-WAY. IME REGISoERED ON Mr - COMPLIANCE WITH MUNICIPAL ZONING BY-LAWS IS = CERTIFIED BY rPIIS REPORT. ADDITIONAL REMARKS: PROPERTY DESCRIPTION - LCr 73. REGISTERED PLAN M-59 TOWN OF i1LLSONBURG. COUNTY'OF OXFORD. ALL CE P.I.N. 00041 - 0432. - BUILDING ^ES ARE MEASURED TO THE EXTERIOR FAL OF THE CONCREi: FOUNDATION. THE AREA OF LOT 73, REGISTERED PLAN M-59 a 833 SQUARE METERS THE AREA OF LOT 73. REGISTERED PLAN M-59 C0%oto BY THE CONCRT FOUNDATION AND GARAGE - 230.6 SOUARE METERS LOT COVERAGE - 26 THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR ROBERT HORVATH CONSTRUCTION AND THE UNDERSIGNED ACCEPTS NO RESPOdSIBIUTY FOR USE BY OTHERS SURVEYOR'S CERTIFICATE i CERTIFY MHAT (I) - THIS SURVEY AND PLAN ARE CORRECT AND 111 ACCORDANCE WITH THE SURVEYS ACT. THE SURVEYORS ACT AND IME LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM (2) - THIS SURVEY WAS COMPLETED ON THE 24tHWLAND . -MARCH 26. _1998OATS YOR t .t �r "r � s ERS OUR FILE: 3/m Corporation of tL COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 A-04/98 MEMORANDUM Fax: (519) 537-3024 Telephone: (519) 539-9800 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-04/98 Date: May 8, 1998 BACKGROUND Applicant: Dorothy M. Otto Location: 50 Potters Road Official Plan: Low Density Residential Zoning By-law: Development (D) zone Adjacent Uses: single detached dwellings (north, west and east), farmland (south) Proposal: The applicant proposes to construct a 4.9 m (16 ft.) by 9.8 m (32 ft.) two-storey addition to the rear of an existing single detached dwelling which will encroach into the required interior side yard and will exceed the maximum enlargement permitted. Requested Relief: 1) Relief from Section 18.1.1, Residential Uses, to permit the enlargement of the gross floor area of the building by 84.5% where the by-law states that the enlargement shall not exceed 25%. 2) Relief from section 18.2.2.6, Interior Side Yard, to reduce the interior side yard from the required 6 m (19.7 ft.) to 1.56 m (5.1 ft.) COMMENTS Intent and Purpose In compliance of Official Plan: Intent and Purpose The Development (D) zone is intended to be used as a type of holding of Zoning By -Law: zone until the property is developed in the future. The D zone is normally placed on larger holdings that are intended for future development and it is not clear why this strip of residential lots was placed in a D zone when the Zoning By-law was approved in 1977. Because the D zone is intended for future development, the provisions attempt to limit the expansion of any existing structures in order that they will not conflict with future construction. In this instance, this property contains an existing dwelling which is located in a strip of other dwellings and its expansion would not jeopardize the future development of this area or the intent of the D zone. The interior side yard provision is intended to provide adequate area between the building and the property line for drainage, maintenance, access to the rear yard and separation for privacy. It is the opinion of this Department that the proposed side yard provides adequate space to riate i - Location neap Dorothy Otto, 50 Potters Application A-4/98 NOTE: THIS IS NOT A PLAN OF SURVEY IRLSONSUHG-MICHIFLS LAND RELATED INFORMATION SYSTEM COI/NTY OF ORG OPO CREATED ON: 00 MAY jWB A-04198 Page 2 address all of these provisions. Extent of Variance: The variances are minor Desirable The subject property is located in a strip of single detached dwellings. An Development/Use: addition to an existing single detached dwelling will not be out of character with the surrounding development. Summary: The Tillsonburg Zoning By-law is currently being reviewed. Our Department would recommend that this strip of residential development be evaluated to determine if it should be taken out of the D zone and put into a R1 zone to more accurately reflect the current use of these properties. Recommendation: That the Tillsonburg Committee of Adjustment approve application A-04/98 for 50 Potters Road, subject to the following conditions: 1) That a building permit be issued within one year of the date of the Committee's decision. A-41�� 4� 04 oa► . r�Z RDAD �O7 43, RPOC137'R�R3 CrJI�ilR �. N 0004/ - 0376 "° 57.00"E (REFERENCE BEAR1NG) IL4 66.0' 66.0' (DEED A SET) 90 8.5'p� 28.3' 28.8• �t�y GEED 5 SET ; 2 3 ROW of V HIGH TO NO. SO 6 d 32.2 • 4• HIGH BUSHES ON LINE r IV2 STOREY DWELLING C CONCRETE h 4 OctFOUNDATION T. 9' AS sT _ 21 WALK �� 14.8' 1.0, N� FRAIAE COACRET£ GARAGE Z,L BLOCK GARAGE' DWELLING CONCRETE HOUSE NO. 48 FOUND& 1.0' .SI IS.2 .N Q r W w m FENCE +- p POST W W ON W W LINE-*� p Y DoT i 9 P.I. N 00043 - 0025 I NST. NO. 359118 M ' M 4' •f . P. 1. N 00043-0026 1 N ST. NO. 19152 DE P6 -NE z F M M gas OUR FILE: .Jhe C.orPoration o/,L COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 A-5/98 MEMORANDUM Fax: (519) 537-3024 telephone: (519) 539-9800 To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Planning Department Reviewed By: Michael Barrett, Oxford County Planning Department Re: Planning Comments on Application for Minor Variance A-5/98 Date: May 8, 1998 BACKGROUND Applicant: Don & Lillian Griese Agent: Kim Husted Location: 19 Seres Drive Official Plan: Low Density Residential Zoning By-law: Special Residential First Density (R1-9) Adjacent Uses: Residential (all directions) Proposal: The applicant proposes to enclose an existing covered deck. Requested Relief: To reduce the Rear Yard from the required 10 m (32.8 ft.) to 8.03 m (26.3 ft.) - (Section 6.3.12.2.5) COMMENTS Intent and Purpose In compliance of Official Plan: Intent and Purpose The purpose of the rear yard provision in a Residential Zone is of Zoning By -Law: to provide adequate area for maintenance and drainage, separation between buildings on adjacent properties for privacy, and to provide open space and amenity area. The enclosure of the deck means that this structure becomes part of the main dwelling and must comply with the setback and coverage for the main dwelling. Although the homes in Hickory Hills are located relatively close together, there is still sufficient separation between the proposed sunroom and neighbouring dwellings to provide some privacy. The properties on the south side of Seres Drive have larger rear yards and back onto the larger R1 lots fronting onto Baldwin Street which assists in providing additional separation. In addition, the applicants will still have open space and amenity area as the maximum lot coverage for the R1-9 zone will not be exceeded. ------------ EO�'L RVA e1F ;,Til R1 R1 - Plate 1 - Location Map Don & Lillian Griese, 19 Seres Drive Application A-5/98 NOTE: THIS IS NOT A PLAN OF SURVEY TILLSONOUNG - MICRIELS N C3 - m m- Subject Property TIUMURG © LANO RELATED INFORMATION SYSTEM �9 , COUNTY OF O.[G OFO CREATED ON: 07 -MAY -1998 A-5/98 Page 2 Because the sunroom will only encroach into the middle portion of the required rear yard, there will also be sufficient space around the structure for maintenance and drainage. Extent of Variance: The variance is minor Desirable Use or A large number of homes in Hickory Hills already have sunrooms located Development: at the rear of the dwelling and it is the opinion of this Department that the proposed sunroom would not be out of character for this area of Tilisonburg Recommendation: That the Tillsonburg Committee of Adjustment approve application A-5198 for 19 Seres Drive, subject to the following conditions: 1) A building permit be issued within one year of the date of the Committee's decision. MAY -07-98 13:54 FROM: TOWN OF TILLSONSURG ID: 5198429431 Plate 2 - Applicant Sketch PAGE 7 SERE DR 1 VE S�8 �� AN 4N0 SEPI MAN AND SET) C-Nc053 2eE 4:79 R=169.7p E 16.93 %� = R = 169JO A= 4.79 A= 16.94 --^- N 52* 39� E969( A. N tiry . h �. s� --- — -----� `:«• POACH �•,, "OUSE NO. 19 h 2,y7 1 STOREY r DWELLING ' M 0 • - � 9s , N L OT 1,5 L.IOT I. /o l M LOT I REGISTERED 4 -86 P.I.N. 00634-0180 - ^-. --�----- N 32. 394 WE (RF.FF_RENC£ a£aRiNG) m _ N L 4'T 27 LOT LOT 29 LAND COMPILED PLAN N0. 4 OUR FILE: 5/w Corpomtion 0 LL COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. O. Box 397, Court House, Woodstock ON N4S 7Y3 MEMORWDUM Fax: (519) 537-3024 Telephone: (519) 539-9800 To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Planning Department Reviewed By: Michael Barrett, Oxford County Planning Department Re: Planning Comments on Application for Minor Variance A-6198 Date: May 8, 1998 BACKGROUND Applicant: Myrd & Ethel Cornelius Agent: Kim Husted Location: 21 Seres Drive Official Plan: Low Density Residential Zoning By-law: Special Residential First Density (R1-9) Adjacent Uses: Residential (all directions) Proposal: The applicant proposes to enclose an existing covered deck. Requested Relief: To reduce the Rear Yard from the required 10 m (32.8 ft.) to 7.85 m (25.8 ft.) - (Section 6.3.12.2.5) COMMENTS Intent and Purpose In compliance of Official Plan: Intent and Purpose The purpose of the- rear yard provision in a Residential Zone is of Zoning By -Law: to provide adequate area for maintenance and drainage, separation between buildings on adjacent properties for privacy, and to provide open space and amenity area. The enclosure of the deck means that this structure becomes part of the main dwelling and must comply with the setback and coverage for the main dwelling. Although the homes in Hickory Hills are located relatively close together, there is still sufficient separation between the proposed sunroom and neighbouring dwellings to provide some privacy. The properties on the south side of Seres Drive have larger rear yards and back onto the larger R1 lots fronting onto Baldwin Street which assists in providing additional separation. In addition, the applicants will still have open space and amenity area as the maximum lot coverage for the R1-9 zone will not be exceeded. � /) \A\LI E y0� R1 �aD Plate 1 - Location Map Myrrl & Ethel Cornelius, 21 Seres Drive Application A-6/98 NOTE: THIS IS NOT A PLAN OF SURVEY I ILI.SONRURG - MICIIIELS IqA 101 ® - Subject Property TIUSDNBURG © LAND RELATED INFORMATION SYSTEM COUNTY OG OAF OFU 7 CREATED ON: 07 -MAY -1998 A-6198 Page 2 Because the sunroom will only encroach into the middle portion of the required rear yard, there will also be sufficient space around the structure for maintenance and drainage. Extent of Variance: The variance is minor Desirable Use or A large number of homes in Hickory Hills already have sunrooms located Development: at the rear of the dwelling and it is the opinion of this Department that the proposed sunroom would not be out of character for this area of Tillsonburg Recommendation: That the Tillsonburg Committee of Adjustment approve application A-6198 for 21 Seres Drive, subject to the following conditions: 1) A building permit be issued within one year of the date of the Committee's decision. HAV -07-99 13.67 FROM= TOWN OF TILLSONBURG Me 5199429431 PACE 13 Plate 2 - Applicant Sketch DRIVIE AUX tP�.Ah ANG SET 1 �•'ci?�E ie.''d ... •. _1•�r ' (..INf ,n trjE q.5C) C. NE • �r ... Aa•16.99 p. T ti6.S1 V•4 N'TIG9.70 A= 8.30 t_ -Ar PryN:H r: NOr15t. *, M - � gT9R�Y OyrEL L titG . o e ..06 i no Of N i a �.4 f k4*rC RIr1vrf PC N: NG 7N 1.; 7 • - 1 X) T 1 7 A. :l�C- riq -rR it SENT BY:Xerox Telecopier 7021 ; 5— B-98 ; 4:32PM ;HARRISN ELWOOD LONDN♦ C.Q. STIMT DAVAICK Q.C- BU MEN N. ADXklk QC. ROBERT •L IARAEL TERRY W. HAfNdW'ORTM BRIAN 9. McCALL IMI C. WALLACE A PETER SKMCR L. MICNELE MANNERINO SUM M.H. FINCHER-ST LL DARWIN 6 HAWMRQ JOHANNA ORE"NAN VA COLI" OSTERBERG TAMMIE L. ASHTON FMN A. HUTCHESON 76 44, miooa! ?16 1 HOWARD L FLOANAQ MM RODERICK R. MWCOUMLL J. DOUaLAA ACOTT L LINDBEV ELVAMO JANET A. CLARK COU LAS Q. CAVA" LOUIS d BALEN HILLARVA. HOUSTON EUMETH A. HEWI T A DQUALAS MUMMER LORRAIKE A POR CHRISTIAN A HAVABER JENNIFER L SCHROEOER DAVID L SWIFT Mayor and Members of Co WI Town of WwnbuM Municipal OfBoes 2nd Floor, Town Centm Mall 200 Broadway Street Tilisonburg, Ontaft N4Gi 5A7 A : Ms. F. Bell Dear SIM: SAMSTM AND SO ffCRS TRADEMARRAQENTS JL ROBERT COV a^ 4C. PETER L LOCRTER.O.a PETER H.E. BOHWARTZ MAURICE M. PELLARIN BRIM T. MY 5t7DTT D. MdTAWaART MICHAEL A CHL'STER BO M M SPINDLER K DANIEL REASON HARRY F. VAN BAVEL TtMOTHYT. MaCIILLOUON TIMOTHY C. HOOAN AMY C. I;ONTHRON Re: Town of Tillsonburg - Norfolk Mal! 40 TALBOT STREET FOA Box sw WNDCN. OWAMO Na Ms Pig) are -am . 8MM May 8, 1998 5198429431;# i;rte DIRECT UNE (dts)"l--am FAMMILE (NO) 08 -OW RLE Nd: This Is furter to our meeting of today's date with the Mayor, members of Stuff, t Consultant retidned by the Town of Tiilsonburg (the "Town") and the County of Oxh (the "County"}. By way of background, commencing In the month of July 1987, we wi made aware of an attended expansion of the Norfolk Mall by the addition of Harvep/Swiss Chalet facliky. Immediately, we attempted to ascertain the method which It was intended to dispose of sewage and surface water. we were provided % a copy of the original Certificate of Approval (the MCertificatel that had been granted the owner of the Norfolk Mall in about 1978 whlch Certificate permitted the operation a private sewage facility. That Certificate required that certain monitoring would take pie and the resufts of such monkaring would be made available to the Ministry of I ErwIronment and Energy (the `Minlstryl. We attempted to secure the monitoring rest from Doth the Ministry and the Regional Municipality of Haldimand-Nortolk (the "ftagior After numerous requests, we were advised that there were no monitoring results. A ,twvi r of ( CZIL I. WA4FJgZM7NS- a wolidwI0F9&r&@d0n of Independ9FIt halo W" SENT BY:Xerox Telecopier 7021 ; 5- 8-98 ; 4:33PM ;HARRISN ELWOOD LONDN♦ 5198429431;it 3 We have allempted to Involve the Ministry In what appears to us to be a serious breach of a condition of a CoMbete that has resulted in the -degradation of the ground water In the County of Oxford (the "County'). To this end, a well was recently oortstruct and sampled adjacent to the Norfolk Mall. The results of the sampling of thle well oW* is that the operation of the Norfolk Mali septic system is contaminating the ground weir resources of the Town and County. After a careful analysis of the Town's position and options, It 1s our opinion that the T should move forward with an Application of Investigation (the 'App ion j under 74 of the Environmental Bill of Rights ("EBR' . A well sample taken on April 23,1998 just north of the Norfolk septic Via bed has sham nitrate Weis of 14.9 mg/L or fifty cent (50%) above the maxknum acceptable nitrate con of 10 mg/L. ComespOndence was sent to The Honourable Norman W. Sterling on Apr1124,1998 Mayor Cm McKn% t anti OOn`espOndenoo to Raymond E. Bowen, Area Supervlwr of = the l tlibort District ClAoe a� the Min y .of E�wlronment and Energy Atte `M~ April 24, 1998 from Mr. M. Wig, Director of Puble Health and Planning for the Oxford County Board of Health, both letters outlining the Town and County's cone erns with Ministry's lactic of action. Nefflw Mayor Cam Mcl(nlght nor Mr. Bragg have a response from 190t8r Ministry representative. Withy ten days of receiving an Applicaflon under Section 74 of the EBR, Environmental Commiseloner shall refer it to the Ministry and the Minister 6 all acknowledge receipt of an Application within twenty days of receivlog the Apfrqm the Envkwrneft Comm r. The Minister then has sbctyy more days to declge go - whether or not to Investigate the alleged contravention. The MIn1ster may InvestigQW t a alleged contravention to whatever extent he considers and he may also choo0e to do no investigation whatsoever. If no Investigation Is conducted under Section 84 of the ESR, the applicant may then bring an action In reaped of the harm to a public resource of Ontario and Is entitled to judgment, if successful. if the court Ws that 01e plaintiff Is entitled to judgment in an action under Section 84 of the EBR, Section 03 permits the court to grant an Injunction against the contravention. ' In offering our opinion, we have had the advlce of an experienced hydrogeologlet, Its. .Janet Haynes, who hes analyzed the results obtained from ft new wen and will be corresponding with you separately. In these dmumsWces, we belleve that the municipality has no alternative but to lodge an Appllc i with the Envlronm rital Commissioner of Ontarlo with the Town and County being named as the App9cants. We would, therefore, request a resolution of Council and, upon no likation of the resolution, vete will lodge the necessary Application. Should you have any questions oonoeming this matter, we would be pleased to make ourselves available at your convenierwe. SENT BY:Xerox Telecopier 7021 ; 5— 8-98 ; 4:34PM ;HARRISN ELWOOD LONDN-# 5188428431;# 4 We wHI look forward to rewlvhg your further irs hidons. Yours truly, HM Per. RRM/s 01/01/1994 08:15 May 89 1998 416-462-9005 Town Council 'town of 79wnburg Town Centre Mall 200 Broadway, a Floor, Suite 204 Tillsonbwg, Ontario N4G 5A7 CHARLESWORTH i GIYX PAGE 02 Charlesworth &AssOciotes CONSULTING HYDROG603,003STr o•vin I CWARLPSWOUTN i ASSOCIATES IPI' 66 StA*U Avtmw- Suite 101 Tamtm Oataten MQ ICY TO: (414) 4b2AM Fix: (416) 462-9005 RE: Norfolk Mali, Groaadwater Impact from the Ezb ing Septic System To: W. Cain McKnight, Mayor, and Members of Wsonburg Town Cmumil Ia response to the concerns about the existing septic system at the Norfolk Mall, Charlesworth & A s wene,teque W.to avaluste the pots" impact on groundwater in Oxford County. This work included installation and sampling of a groundwater monitor downgradieM of the septic tile feed. A groundwater monitor was installed on April 25, 1998, opposite the septic tile bed for Norfolk Mall, along the edge of the road allowance on the north side of Townline Road. The well was drilled to 8-5 m in sand, and screened in the water table. The depth to water was 3.3 m. The well was developed, and on April 27, 1998, a groundwater sample was collected- The sample was submitted to Philips Analytical Services for analysis of nitrate, nitrite, ammonia and Total Kejldhal Nitrogen. The chemical analysis identified a concentration of 14.9 mg& nitrate in the groundwater, indicating impact on groundwater quality due to the file field. (Nitrate concentrations, in groundwater from this area not affected by septic eluent, are less than 1 mg/L.) The Ontario Drinking Water Objectives for nitrate are 10 mg/L. Nitrate is a health-related parameter in the objectives. f there are any questions on this material, please contact us. Yours truly, Janet Haynes, M.E.Sc. Senior Associate cc: Mr. M. Bragg, County of Oxford, Health Unit