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990125 Regular Council Meeting Agenda1 THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL AGENDA MONDAY - January 25th, 1999 - 8:00 P.M. ORDER OF BUSINESS: Page 4 - 9 A. Adoption of Minutes - January 11 `h, 1999 B. Adoption of Agenda C. Declarations - Municipal Conflict of Interest Act D. Presentations l . Presentation to Linda Kamps - Monthly Volunteer Award for January 1999 E. Appointments/Delegations 1. Tillsonburg P.U.C. RE: Deloitte Touche Water/Waste Water Study F. Committee of Adjustment 10 -11 1, A-1 /99 - Michael & Debra Lynn Terluin 12-15 i) Report from County Planner (enclosed) 16 -17 2. A-2/99 - Angela Fardella 18 -2 3 i) Report from County Planner 2 4 -2 9 ii) Correspondence from John R. Holmes G. Reports 3 0 - 3 4 1. Corporate Services Committee Minutes of January 20`h, 1999 35 2. Treasurer - Council Remuneration and Expenses -1998 3 6 - 3 9 3. Otter Valley Utility Corridor & Recreation Trail Minutes of December 15`hly 1998 H. Communications 4 0 - 4 4 1. County of Oxford RE: Lifting of Part Lot Control - George Gilvesy Jr./The Linkoln Group Inc. 4 5 -4 6 2. London Health Sciences Foundation RE: Permission to Sell Lottery Tickets in Tillsonburg 47 3. Oxford County Tourist Association RE: Delegate for the Town of Tillsonburg 48 4. Town of Pickering RE: Resolution Regarding the Elimination of Child Poverty I. Information 1. Correspondence RE: Deloitte-Touche Water and Waste Water Study: 49 i) Township of Norwich 50 ii) Town of Ingersoll 51 2. Ontario .Property Assessment Corporation RE: Changes to Ontario Ministry of Finance, Assessment Division 52 3. Office of the Parliamentary Assistant to the Premier RE: Ontario Volunteer Service Awards & Outstanding Achievement Awards for Voluntarism (forwarded to Special Awards) 5 3 - 5 4 4. County of Oxford RE: Fairness for Property Taxpayers Act (Bill 79) - Up -Date 5 5 - 5 6 5. Invitation to "Forum `99" - Searching for Solutions to Physician Recruitment and Retention in Southwestern Ontario - February 24`', 1999 in Chatham 5 7 -5 8 6. Association of Municipalities of Ontario RE: Important Bill 79 Regulations Released: Calculation of Capped Property Taxes 7. Correspondence RE: Parking By -Law: 5 9 - 6 0 i) Gyulveszi Properties Inc. 61 ii) Imperial Hotel (forwarded to Traffic Committee) J. Resolutions 62 1. Resolution to Petition the Province of Ontario to Enact Legislation RE: Dangerous Dogs K. By -Laws 6 3 - 6 6 1. By -Law 2884 - To Execute Agreement with Tillsonburg & District Real Estate Board L. Notice of Motion JANUARY 117,1999 MINUTES of the meeting of the Municipal Council of the Town of Tillsonburg held Monday, January I I'h, 1999 at 9:00 A.M. in the Council Chambers, Municipal Offices, Tillsonburg, Ontario PRESENT: Mayor C. McKnight, Deputy Mayor I. Horton, Councillors: D. Beres, S. Lamb, G. Leachman, S. Molnar, C. Rosehart and R. Smith ORDER OF BUSINESS: A. Adoption of Minutes — December 14t' and 21 s', 1998 No. 1 Moved by Seconded by Councillor Rosehart AND RESOLVED THAT the Minutes of Council under dates of December 14`h and 21 s`, 1998 be adopted as printed and circulated. "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 January 11 `h, 1999 be adopted. "Carried" C. Declarations — Municipal Conflict of Interest Act None D. Appointments/Delegations None 4 E. Public Hearin 1. Zone Chanize Application — Tillsonburg District Mgmorial Hospital M. Barrett, Planner, County of Oxford, presented to Town Council Report No. 99-7 from the County of Oxford Planning and Development Department. There were no other persons in attendance interested in the Zone Change Application from the Tillsonburg District Memorial Hospital. No. 3 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Council of the Town of Tillsonburg approve the attached Zoning By -Law amendment for an application submitted by the Tillsonburg District Memorial Hospital whereby lands located in Lots 22 & 23, Registrar's Compiled Plan No. 1646, are rezoned from `Residential First Density (R1)' Zone to an `Institutional (I)' Zone to permit the enlargement of the hospital parking lot. "Carried" F. Committee of Adjustment 1. A-16/98 — Carl Braun i) Report from County Planner (received) ii) Comments from Chief Building Official (received) Mr. Mike Barrett, Planner, County of Oxford, addressed Committee of Adjustment and presented report dated January 8 h, 1999 from the County of Oxford Planning and Development Department. Mr. Don Millman was in attendance in opposition to the applied for Minor Variance, as the lot area was deficient. Mr. Paul Sinden was in attendance in opposition to the applied for Minor Variance, due to the increased density of the development. Mr. Barry Card, solicitor on behalf of Carl Braun, addressed the Committee of Adjustment and requested approval of the applied for Minor Variance. Mr. Carl Braun, owner, addressed Committee of Adjustment and requested approval of the applied for Minor Variance. 5 No. 4 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT Committee of Adjustment Application A-16/98 for 120 Rolph Street be denied. "Carried" G. Reports 1. Public Services Committee Minutes of January 6th, 1999 2. Otter Valley Utility Corridor & Recreation Trail Committee Minutes of November 12th, 1998 H. Communications 1. Federation of Canadian Municipalities RE: Call for Resolutions of National Municipal Interest 2. City of Nepean RE: Request for Support of Resolution regarding Funding for Schools 3. Ontario Olympics Commissioner RE: Request for Resolution regarding Bill 77 — To Endorse the Proposed Bid of the City of Toronto to Host XXIX Summer Olympic Games I. Information 1. Tillsonburg Police Services Board Minutes of November 16`h, 1998 2. Long Point Region Conservation Authority Minutes of December 2nd, 1998 3. Long Point Region Conservation Authority — Notice of Meeting — January 26th, 1999 — 7:00 P.M. — Springford Community Hall 4. Leader of the Opposition — House of Commons RE: United alternative Convention in Ottawa — February 19th-21", 1999 5. Ministry of Municipal Affairs and Housing RE: Land Ambulance Services 6 6. Ministsry of Municipal Affairs and Housing RE: Regulation under the Municipal Act regarding Municipal Powers Concerning Alcholic Beverage Containers 7. Ministry of Finance RE: Bill 79 — Fairness for Property Taxpayers Act 8. Tillsonburg District Memorial Hospital RE: Requeset for Comments 9. Association of Municipalities of Ontario RE: i) Bill 99 — Balanced Budget and Taxpayer Protection Act, 1998 ii) Compensation and Job Protection Ensured for Municipal Volunteer Firefighters and Volunteer Ambulance Brigades with the Passage of Bill 92 10. Ministry of Labour RE: Bill Protecting Volunteer Firefighters and Ambulance Workers Now Law 11. Office of the Parliamentary Assistant to the Premier RE: Ontario Volunteer Service Awards and Outstanding Achievement Awards for Voluntarism I Resolutions No. 5 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Public Services Committee Minutes of January 6`h, 1999 be received and recommendations contained therein be adopted. "Carried" No. 6 Moved by Councillor Lamb Seconded by Councillor Smith AND RESOLVED THAT the Otter Valley Utility Corridor and Recreation Trail Committee Minutes of November 12`h7 1998 be received and recommendations contained therein be adopted. "Carried" No. 7 Moved by Councillor Rosehart Seconded by Deputy Mayor Horton AND RESOLVED THAT the Town of Tillsonburg support the City of Nepean's resolution under date of December Yd. 1998 with respect to funding for schools. "Carried" K. No. 8 Moved by Councillor Leachman Seconded by Councillor Lamb AND RESOLVED THAT WHEREAS the Canadian Olympic Association at its regularly scheduled meeting held in Calgary on April 17, 1998 voted to grant approval to the City of Toronto's application to represent Canada's bid to host the 29`h Olympiad in 2008 subject to the dictates of the International Olympic Committee Charter; and WHEREAS the City of Toronto Council on July 9 passed a motion to ratify the agreement between the Canadian Olympic Association and the City that detailed the terms required and outlined the mandate for the operation of TO -Bid, the organization authorized to present the Toronto bid for the Summer Olympic Games in 2008; and WHERAS the Ontario Legislature on December 3, 1998 unanimously endorsed a Bill introduced by Morley Kells, the Ontario Olympic Games and encourage participation by all of Ontario's communities in the bid proposal and subsequent presentation of the Olympiad; and WHERAS the International Sports Federations representing the 140 athletic competitions and the IOC delegates who cast the deciding votes in 2001 will be influenced favourably by province -wide public support for the Toronto bid; NOW THEREFORE BE IT RESOLVED that the Council of the Town of Tillsonburg endorses the tenets of support called for by the Bill entitled: An Act to endorse the proposed bid of the City of Toronto to host the XXIX Summer Olympic Games, and further that this Council agrees with the principles of "building a peaceful and better world by educating youth through sport practised without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play" as described in the IOC Charter. The Council further agrees to have this endorsement joined to that of other jurisdictions as a display of provincial solidarity behind this universally acclaimed undertaking. .'.Carried" By -Laws The following By -Laws were given three readings and finally enacted: l . By -Law 2878 - CUPE Collective Agreement 1999-2001 2. By -Law 2879 - To Amend Debenture Issue By -Laws 2710, 2756 and 2824 3. By -Law 2880 - To Authorize the Sale of Lands (Pusztahegyi) 4. By -Law 2881 - To Amend Zoning By -Law 1994, as amended (TDMH) 5. By-law 2882 - To Amend Zoning By -Law 2845 (Construction and Financing of London Street Area Road Works) The following By -Law was given first and second reading only: 6. By -Law 2883 - To Amend Traffic By -Law 2103, as amended L. Notice of Motion M. Closed Session No. 9 Moved by Councillor smith Seconded by Councillor Rosehart AND RESOLVED THAT Council move into Executive — Closed Session to consider matters of potential litigation. "Carved" No. 10 Moved by Deputy Mayor Horton Seconded by Councillor Rosehart AND RESOLVED THAT Town Council move into Executive — Closed Session to consider matters of potential litigation. "Carried" Council moved back into Open Session and adjourned at 12:40 P.M. Mayor Clerk -Administrator y File: A-1/99 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING Take notice that an application has been made to the Tillsonburg Committee of Adjustment for variance to certain provisions of the Tillsonburg Zoning By -Law 1994, as amended; And further that this application is being made under Section 45 of the Planning Act, R.S.O. 1990, By: OWNER(S): AGENT: Michael & Debra Lynn Terluin Murray Bomdahl 10 Hereford Street Barrister and Solicitor Tillsonburg ON N4G 4V2 183 Thames St. S., Ingersoll, ON N5C 2T6 LOCATION: Lot 33, Plan 500, known municipally as 10 Herford Street PURPOSE: The purpose of this application is to seek the following variance(s) to Tillsonburg zoning By -Law 1994, as amended: The purpose of the applied for minor variance is to seek the following variance: i) Section 5.25.3.3 — Interior Side Yard — to reduce the required interior side yard from 1.2m (3.9ft) to 0m (Oft); to recognize the construction of a wooden deck; the subject lands are located in a residential (R2) zone. ii) Section 7.2.1.1.8 — Interior Side Yard — to reduce the required interior side yard from 1.2 (3.9ft.) to 0.37m (1.2ft) to recognize the location of an attached garage. The subject lands are located in a R-2 Residential Second Density zone. The Committee of Adjustment may authorize a variance to the Tillsonburg Zoning By -Law 1994 with respect to land, buildings and structures or the uses thereof provided that in their opinion it is desirable and appropriate development for that land, building or structure and that it does not adversely effect the Tillsonburg Zoning By —Law or Oxford County Official Plan. Before making its decision, the Committee of Adjustment will hold a Public Hearing to consider submission in favour or in opposition to the applied for minor variance from interested persons. Take notice that the Public Hearing will be: Date: January 25, 1999 Time: 8:00 P.M. Place: Tillsonburg Council Chambers, Municipal Offices, Town Centre Mall 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 14 day of January, 1999. Brad Bartlett Secretary -Treasurer CNN: xp. xSYSN ... ippx9-9pp) CJRxc f .ip iJIRp exYCE — :x fix[ _ .x JOcxe-cope -07 .iE=FDRD iu�.>waaVs v LOT 33 5 ,BCIE + acne LOT 33 REGISTERED PLAN 545 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE — I INCH — 20 FEET �— IMPERIAL.'zvr`:p.cxiJ:bb's KIM HUSTED SURVEYING LTD. a: ` REPORT SUMMARY -: )E =op x : .,xc-o- . =•max s u.•.e•� SURVEYOR'S REAL PROPERTE REPORT HAS 9EEM PRUARp IM MIRE AND DOME ) UIN _ MO ACWE NO R ONSBIL'TT UTHE SE ByOTHERS FOR = �• SURVEYOR'S CERTIFICATE -tcE :>P+_CE au.a � .. .••3 ••• 6 " � M 54ih•X MIS REwORT cm BE UPOATEL BY RIM NUS— 9MS£YMO Lm. .„•,•.. ... _ .. • ` 2 NO'AfYER NO AOOInWA PRM" OF MIS CRIGNAL RETORT 'ML' 9E ISSUED SUBSEQ]QIT M ME LATE OF :ERTFlCAION NOTES � IF _''_ LEGEND ..... xL•.. D•mrM90 11) 1 5 9 B © CGFYRIGHT 1990 RIM HUM SUROE]TNO LTD. x _ ccR•ho c KIM HUSiED SURVEYING LTD. JAN-22—SS 14=11 FROM -COUNTY OF OXFORD _ 4M'' aA OIL COUNTY OF OXFORD c.� DEPARTMENT OF PLANNING AND DEVELOPMENT ,.� P. o. Box 397, Coed Houm woodstodt ON WS 7Y3 Om FILrm: A-01 /99 ID=S19 S37 3024 MEMORANDUM PACE 6/11 Fax. (519) 537-3024 'telephone: (519) 539-9800 To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From Michael Barrett, Oxford County Public Health and Planning Department Re: Planning Comments on Application for Minor Variance A-01199 Date: January 22, 1999 BACKGROUND Applicants: Michael & Debra Terluin Solicitor. Murray Bomdahl Location_ 10 Herford Street Official Plan_ Low Density Residential Zoning By-law: Residential Second Density (R2) Adjacent Uses: Low density residential development (all directions) Proposal: The applicant wishes to recognize an attached garage which encroaches into the western interior side yard and a raised deck which encroaches into the eastern interior side yard. Requested Relief. 1) Relief from Section 7.2.1.1.8, Interior Side Yard, to reduce the western interior side yard from the required 1.2 m (3.9 ft.) to 0.37 m (1.2 ft.) to recognize the location of an attached garage; 2) Relief from Section 5.25.3.3, Open. Uneoclosed Porch, Balcony. Deck and Step Encroachments into R it Yards - Side Yards to reduce the eastern interior side yard from the required 1.2 m (3.9 ft.) to 0 m (0 ft.) to recognize the location: of a pool deck. COMMENTS Intent and Purpose In compliance. of Official Plan: Intent and Purpose The purpose of the interior side yard provision in a residential zone is of zoning By -Law: to provide adequate area between the building and the property line for drainage, maintenance, privacy, and access to the rear yard. A 0.37 m (1.2 ft.) side yard beside the garage does not provide much area for maintenance or drainage. In addition, access to the rear yard is restricted along this side of the garage. However, the removal or modification of the garage would be considered to be a hardship to the applicant. Therefore, if the garage is not modified or removed, it is the opinion of this Department that the eastern side yard should remain open �I � 0 LEGEND 2 z N N m a ° 3 e"r f a z z y 0 m C2 2 �S ° ° 5 R �RssT _.opN 6T � }{E%PDRU ,• " �,�a,ri-1' In 1 ' C2-20 w M2 � � a — ' O —v _ r �¢R SIREET 2 1' 0 �, nusonaum � Application for Minor Variance A-01/99 ®19YA t Michael & Debra Terluin, 10 Herford Street a u"° c nTcoiNromm�noNaryu"i c°VNTv ui: Vatr ono NOTE: THIS IS NOT A PLAN OF SURVEY �+ ntWVN9aRn WWI Mq TEP OK 19JnN1999 JAN-22-SS 14=12 FROM=COUNTY OF OXFORD ID=S19 S37 3024 PAGE 10/11 I ; :NST. N0. 289545 L . INS"NIG. 228091 P.1.�:. COO:c P.!-N- 00029-0003 �.!.y. 00029-0004 i a; e J;� m� I .� FENCE ON Q'. \�1 CORNER t N 78' 24' 00' E 66.0Y PdcM;o �--� Q 3• * p x s 5' HIGH BOARD FEmcE ! Z4. HiCH CHAIN LINK FENCE ,�; � so• ., ON LINE i ON LINE I L wooDEN o c� SHED W Na FoUNoAnoN Z i 1 N LOT 33 ;NST. NC, 333258 j P.:.N. 00029-000 7 II �_ v x NST . 1%10. 245634 x .;_N. 00029-0008 A80VE 6.C' GROUND f POOL 1 5' HIGff &CARD 4' H rFtNCE ON LINE i INST. NO. 31. 3238 61-LEVEL DWELLING P.I.N. 00029-0006 GARAGE MCK ANU Hkn SONG F. o �� FOUNDAMON b to o; (ADDITION) i souSE No. 10 o 2 cv! V ' 2, z! ^ z V �' 1 37 66.00" {PBcS) 75.92' (P&M) 4.00 (P&M) 405.92' (P ) N 35' W E (REFEMENCE BEARINGS Q� Qy�� r f'�� r�rrl� 66.00 WIDE PLAN 545 PIN, 00029 - :)354 14 JAN-22-SS 14:12 FROM:COUNTY OF OXFORD ID:S19 S37 3024 PACE 11/11 A-01/99 Page 2 to ensure access to the rear yard is not obstructed. The requested 0 m (0 ft.) eastem side yard does not allow access to the rear yard and it also affects the privacy of the neighbouring property to the east. The deck which encroaches into the eastern side yard is raised and there is a pool slide located on top of it. During the summer months when the pool is in use, there could be a significant impact on the privacy of the neighbouring property. Extent of Variance: The variance relating to the attached garage is minor, however, the variance relating to the pool deck is not minor. Desirable Use or The pool deck is 1.2 m (4 ft.) aboveground level and abuts the eastern Development. property line. A raised deck abutting the property line is not considered to be appropriate development for a residential neighbourhood. Summary: The Committee of Adjustment can grant variances to eliminate the required side yard completely. However, in this case, we do not believe that such a reduction would be appropriate. VV9h a reduced side yard on the west side of the house and no eastern side yard, there is limited access to the rear yard. A raised deck containing a pool slide should be set back at least 1.2 rn (3.9 ft.) from the property fine to provide some privacy for the neighbouring dwelling to the east_ Recommendation. That the Tillsonburg Committee of Adjustment approve application A-01/99 for 10 Herford Street, subject to the following conditions: 1) The pool deck be reduced in size to maintain a 1.2 m (3.9 ft.) eastern interior side yard. 2) Condition No_ 1 be satisfied within one year of the date of the Committee's decision or the Committee's decision will lapse. 15 File: A-2/99 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING Take notice that an application has been made to the Tillsonburg Committee of Adjustment for variance to certain provisions of the Tillsonburg Zoning By -Law 1994, as amended; And further that this application is being made under Section 45 of the Planning Act, R.S.O. 1990, By: OWNER(S): AGENT: Angela Fardella Betty Petz 50 Rolph Street 499 Nelson Street West Tillsonburg ON N4G 3X9 Port Dover, ON NOA 1 NO LOCATION: Lot 1543, Plan 500, known municipally as 50 Rolph Street PURPOSE: The purpose of this application is to seek the following variance(s) to Tillsonburg zoning By -Law 1994, as amended: i) Section 8.2.1.1.4 — Lot Coverage — Permission to increase maximum for all buildings from 35% to 36% of the lot area; ii) Section 8.2.1.1.6 — Rear Yard — Permission to decrease the required rear yard from 9.0 (29.5ft) to 6.6m (21.6ft). The applied for minor variance would recognize the construction of a one- story addition in a residential third density (113) zone conditional on the removal of the garage and adding a portion of the laneway to the rear of the property to the subject lands. The applicant's solicitor, John Holmes in a letter dated December 23, 1998 has advised that a Deed has been registered on the title of the subject lands transferring interest of all persons associated with the easement to Angela Fardella except for one person's interest; and further that this Deed is the best possible acknowledgement of title to the easement that can be given to Angela Fardella. The committee has previously dealt with an application for minor variance on the subject lands under fileA-4/97 on January 14, 1997 and the committee resolved to not grant those requested variances. The Committee of Adjustment may authorize a variance to the Tillsonburg Zoning By -Law 1994 with respect to land, buildings and structures or the uses thereof provided that in their opinion it is desirable and appropriate development for that land, building or structure and that it does not adversely effect the Tillsonburg Zoning By —Law or Oxford County Official Plan. Before making its decision, the Committee of Adjustment will hold a Public Hearing to consider submission in favour or in opposition to the applied for minor variance from interested persons. Take notice that the Public Hearing will be: Date: January 25, 1999 Time: 8:00 P.M. Place: Tillsonburg Council Chambers, Municipal Offices, Town Centre Mall 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 15 day of January, 1999. Brad Bartlett Secretary -Treasurer + 6 Lt Ltd L IB. (1582) ' L -- a FRAME GARAGESlDING INSUIB UNDA o GRASS AND CONCRETE DRIVEWAY CowG7RE7F 1 CONCR 7Z AON PAO fifRLdeE or IIDOOEAI --� C� PARIMM ruu at. N 52' 37' 20' E 53.60' (P3 do N' N 52' 2G' 2C` E — — — 10.0' r- — -i-----------------� A coNcfi E `PAP 20.20' (P3 do LEAS.) aos 7.3 7.0' 7�1 FRAMEGARAGE RlCY SIDING ctiwa r ^V ' NCEr FOUNDA77ON V) yr //Z / 20.1' y �' Y ow 10 a 9.6' it o7.4' D NELLING , 6.s• 10.0' 2 STOREY a BRICK SIDING ^ CONCRET- BLOCK FOUNDA770AI I 2 �'�� C , 1 STOREY ^I I p o w v D WEL! ING N0. 50 ummm comsmcnom w c l Q �r s 32.0• :-- 7.a' tsa' //iiiyti•i/�//ice/// " n 3 r c. 7.7 L� L 1 IB. (1582) 0 L 0 7x A ttJ t o Y 10.0' N 52' 28' 3C' E 1a.0u arc a Mri%a.l i8. lZ J AREA OF Q1 = 1118.5 SQUARE FEET I� AREA OF TOTAL BUILDING = 1318.5 SQUARE FEETa. y AREA OF LOT INCLUDING RIGHT—OF—WAY = 3067.6 i N SQUARE FEET a a. 3 J LOT COVERAGE = 43% --� (,, o T 66 • p r CC� 11'(ILA 1��'(L'� a n L O 7 Z P.I.N. 00032 — 0102 1-5 � f 4 z •� y LC_ '54Z PK. (1582 al' 4' toarr Y BOARD stxCE ON !tom � O CK c ;F c d A 7 _ D71 5-4.E,i Yf ytnyn c 0 o la 0 i �0* 0 rnPC w rr �3�rtN 99 H. En .. n > °, t, omw> 0 rr (D 0j tJ' l-- u. c w0 Lq rl art w E3 ►4 (D as Z$ (D rr �> w � N JAN-22-99 14:13 FROM:COUNTY OF OXFORD 5L(forr^Aoft OIL," COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT + or P. O. Box 397, Coutt House, Wwddm* ON WS 7Y3 OuR Fa E: A-02/99 ID:519 537 3024 PACE 3/9 Fax: (519) 537-3024 Telephone: (5i 9) 539-9600 MEMORANDUM To: Brad Bartlett, Secretary -Treasurer, Tillsonburg Committee of Adjustment From: Michael Barrett, Oxford County Public Health and planning Department - Re: Planning Comments on Application for Minor Variance A-02199 pate: January 22, 1999 BACKGROUND Applicant: Angela Fardella Agent: : Betty Petz Location: 50 Rolph Street Official Plan: Entrepreneurial District Zoning By-law- Residential Third Density (R3) Adjacent Uses: Low density residential (north, south, east & west), 24-unit apartment - building (northwest) Proposal: The applicant wishes to recognize an addition to a single -detached dwelling which encroaches into the required rear yard and exceeds the maximum lot coverage_ The subject property is also deficient in terms of the lot area, lot depth and lot frontage requirements. The applicant has requested that the application be approved with a condition requiring the removal of an attached garage to reduce the coverage to 36%. Requested Relief: 1) Relief from Section 8.2.1.1.6, Rear Yard, to reduce the rear yard (with addition of from the required 9 m (29.5 ft.) to 6.3 m (20.5 ft.)- lane and removal 2) Relief from Section 8.2.1.1.4, Lot Coverage, to increase the lot of garage) coverage for all buildings from the maximum 35% to 36%. Notes: (a) The subject property is also deficient in terms of the required lot area, lot depth, and lot frontage. Section 5.16 of the Tilisonburg Zoning By-law permits structures to be erected on lots which do not meet the required lot area, lot depth and/or lot frontage, provided the lot was in existence at the time of passing of the Zoning By- law. In this instance, the lot has been altered since the passing of the By-law with the addition of the laneway and variances will be required to recognize these deficiencies- (b) See attached Schedule "A" for review of zone provisions W Application for Minor Variance A-02/99 Angela Fardella, 50 Rolph Street NOTE: THIS IS NOT A PI AN OF SURVEY IILLSONAUAG - ENAAETT LEGEND 91 W v 01098 I.PNO W1,1 U MFO0IAATION SYSTEM A CCU 07v Of ORrO11n m •ts � w IL FRAAIE CARACC a hOry, 1 ��ND?TCONE ovON MOLT WANN s.r p4ASS AND CONCRf±E DRIVEWAY P� I� nW Jr' N 52' 37' 2W E 53,6Q' (P3 ME/1S.) N 52' 2{' 2C' 10.0' LL� I B. (1 M2) owmrrr 20. 20' (P3 & MEAS.) pAa FRA it CARACC M 7.D' ` o� INSuI BRtcK Sr�NC -qt -c 7.�' t. 20.1' .0 o ^ 16 , 9.6 G .. 0. 7.4' LI)0. 1 �•�' t1 o.o' 2 SWEY OWWNG Pi i I 1 oe ^ V I id y S70�NC ,� 1 STOREY ^ I d CONC1RCJE BLOCK FOUNOA770M O U, I � r3 �' OWE7.Z�NC Na. 50 ,�f FRAME 1uQ0l710N b� ��} � � � I (lIHDGt 40RFTRAJO'I10H } v w o ,.y v0 �� F L a 7 o Raw ov WALLVMS Es CR 2HE r gook DOW ak umr Y 10.0 o IQ. (lB82) N 32' x8' 30,E 73.80' (P2 do LEAS.) �• ' z It AREA OF 1� m 1118.5 SQUARE FEET � o �] % AREA OF TOTAL BUILDING = 1318.5 SQUARE FEET I a •� t v xI AREA OF LOT INCLUDING RIGHT-OF-WAY 82 3067,6 D o SQUARE FEET LOT COVERAGE = 4371 --> Lb r Covctzr� e �' g �i'�G1�.sdt b �ti5kt • o �,. ,�,�, � � i�.tti �x .. � .. LOT 7 �� j P.m, 000m — Olo'? 1-54 r z I cv Z 1A •a �� tJ �+ 4 r, .. tD� J'3�� — PK. (1382) J545 Z I A) JAN-22-SS 14:14 FROM:COUNTY OF OXFORD ID:519 S37 3024 PAGE 6/8 A-02/99 Page 2 COMMENTS Background: The applicant previously applied for relief from the Tillsonburg Committee of Adjustment to permit a rear yard of 3.23 m (10.6 ft.), an interior side yard of 0 m (0 ft.). and a lot coverage of 50%. At its meeting of January 141 1997, the Committee denied these variances. The applicant appealed this decision to the Ontario Municipal Board (OMB) where the appeal was dismissed and the variances were again denied. The applicant has made two (2) changes to the property in order that the application could again be considered by the Committee. The applicant has obtained a section of a 3 m (10 ft.) wide lane which runs to the east of the subject property which increases the area of the property by 34 m2 (367 ft.2 . The applicant is also proposing to remove an attached garage in order to reduce the coverage of buildings on the property by 6.5%. 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 purpose of the lot coverage provision is intended to limit run-off from the property by maintaining areas where water can be absorbed into the ground, to ensure the coverage of buildings is similar to the coverages of other properties in the area, and to limit the "massing effect" of structures. The addition of the laneway and the removal of the garage will increase the amount of open space and amenity area that is available on the property, as well as decreasing the overall coverage of buildings. It is the opinion of this Department that with the changes proposed by the applicant, the requested variances would not jeopardize either the rear yard or lot coverage provisions. Extent of Variance: The variances are minor Desirable Use or This area is characterized by older homes, many of which have small Development. additions attached to the back of the house_ Although this addition is larger than other additions in the area, it would not be out of character with the neighbourhood. Summary: The applicant has undertaken two significant changes to the property since the Committee last considered minor variances on the application in 1997. With the addition of the lane and the proposed removal of the garage, the magnitude of the variances has been reduced significantly and it is the opinion of this Department that they should be supported. � i� JAN-22-99 14=1S FROM=COUNTY OF OXFORD ID=S19 537 3024 PAGE 7/9 A-02/99 Page 3 The attached garage which is to be removed is also attached to the garage on the neighbouring property to the north. The garage could be considered to be a "semi-detached" garage because it straddles the property line with one parking bay on the applicant's property and the other parking bay on the neighbour's property. Therefore, the remaining half of the garage on the neighbour's property will require some reconstruction in order that it can stand alone. The applicant should be responsible for ensuring the remaining half of the garage is structurally sound and the aesthetics are at least similar to the garage prior to the removal of the applicant's half_ Recommendation: That the Tillsonburg Committee of Adjustment gpprove application A-02199 for 50 Rolph Street, subject to the following conditions. 1 } The portion of the attached garage which is situated on the subject property be removed from the subject property to the satisfaction of the Town Chief Building Official 2) The SecretaryTreasurer receive a letter from the owner(s) of the neighbouring property to the north, indicating that they are satisfied with the reconstruction of the garage. 3) The application be amended to request relief from the lot area, lot depth and lot frontage provisions of the R3 zone. 4) Conditions Nos. 1,2 & 3 be satisfied within one year of the date of the Committee's decision or the Committee's decision will lapse_ L� JAM -22-SS 14:1S FROM:COUNTY OF OXFORD ID:519 S37 3024 PAGE 6/8 A-02/99 Page 4 Schedule "A" 50 Rolph Street, Tlisonburg Zoning Conformity - R3 Zone Single -Detached Dwelling with Laneway included and Garage Removed ZONING PROVISION REQuIRED EXISTING VARIANCE REQUIRED 1 Lot Frontage 12 m 11.2 m yes* 2 Lot Depth 30 m 25.5 m yes* 3 Lot Area 370 ma 285 ml yes* 4 Lot Coverage 35% max 36% max yes 5 Front Yard 7.5 m 2.3 m L.N.C. 6 Rear Yard 9 m 6.3 m yes 7 Interior Side Yard 2 m 3 m 2.2 m 2.1 m (existing house) 3 m (addition) okay L.N.C. okay 8 Open Space 30% >30% okay 9 Height 10.5 m max <10.5 m okay yes" - Section 5.16 of the Tillsonburg Zoning By-law permits structures to be erected on lots which do not meet the required lot area, lot depth and/or lot frontage, provided the lot was in existence at the time of passing of the Zoning By-law. In this instance, the lot has been altered since the passing of the By-law with the addition of the laneway and variances will be required to recognize these deficiencies. L.N.C_ - Legal Non -Conforming JAN-IS-99 12-13 FROM -COUNTY OF OXFORD I0:S19 S37 3024 PACE 1/2 PLANViN r John R. Holmes BA.LLEL 1 ' r! ! 87 B ,�QStreet ntario �! ,r 1 Nr(i 3V1 BARRISTER — SOUCITOR 1 JJAN .$99 } i Tetcphone (519) 842-8474 NOTARY PUBLIC 1 I i:.i lri (l �' �.1 Fax (519) as2-rasa REFER TO plk Iris] - FILE CONN..ITTEE _ December 23, 1998. OTHEP TOXIN OF TILLSONBORG, Municipal Office, 2nd Floor, -- _ 200 Broadway,- TILISONBURG, Ontario N4G 5A7 - - - .- Attention: MIKE BARRE`dT, Oxford Planning Dew Dear Sir_ RE: Minor Variance Application Applicant: Angela Fardella Property: 50 Rolph Street TILLSONBURG, Ontario At the request of Betty Petz, who is assisting Angela Fardella, on her Minor Variance Application concerning the above property, I enclose herewith a photocopy of the duplicate registered copy of the Deed registered December 14, 1998, as Instrument No. 428416 from various parties to Angela Fardella. All of the transferors in the enclosed Deed _. represent all of the registered owners: who held.a right- of-way over the property described in the Deed and by such Deed release all interest in such property including the right-of-way, to Angela Fardella. The only other person who had a registered interest in the subject property is the late John Smith, who acquired title to Lot 1545, Plan 500, in 1885. He died in October of 1921, and it is not able to ascertain his heirs or next of kin. Accordingly, the enclosed Deed is the best possible acknowledgement of title that can be given to Ms. Fardella for the parcel of land as described therein and is given for the purpose of confirming her ownership of the subject lands. Post -it- Fax Dote 7671E Dwe Ate► '10S 75 kot From �. co�oeoti Co. Phone P Phone • Fax s Fax s L JAN-IS-SS 12=13 FROM=COUNTY OF OXFORD ID=519 537 3024 PACE 2/2 - 2 - December 23, 1998. Should you require anything further from the writer, kindly advise. Yours very truly, JOHN R. HOLMES JRH/ed J. R. Holmes. Buclasvtre 25 p 6 81/85/99 r e r4o.u,t.0 • � of Qntsrlo 42841` CEFMFICAyAaa j $T0- ON 16:59 a 519 842 9762 Transfer/need of Land Form 1 — Land Reglotratlon Reform Act !I( t946 12 14 J LW4 Pap" s a N urdite st LL O Now Properly Idenfiflors CK Aaatttonsl• Spa wfula F1 fexeculbns (1) Reptalry (3) Pro arty I dsntlllar(s) (4) Conalderatlon o PETZ R E LTD P.02 Amrnepd +et)v. tsY2 • Land Tillas 1 (2) Pape 1 of 4 Block propeny 00032 0103 loapes NII, Dollars Ii (5) Dyac►(pllon This Is a. f'rolxuty t--� COA6011 Division 1 -� Consolfdatlon FA Part of Lot: J 545, flan 500, Town of Til.1 sonburg e Country of oxford, more particularly de -scribed ar. PART 1, on Reference Plan 411t-- 6292 AtklitinAal tiw I . I Sctnodolo Additional' ti0s I� (6) Thls (a) Redetcription ! (bl $(;hedule for (T) IntareallEsfala T►anaterred Document Now tAsornent Acialtlonal Fee Simple ContaMs t•+lan/Sluetch `} Rf:sc►lptlon Other fXl QUIT CI,All1 DEED --_ {S) Trareslaror(s) Tice lransrerw ►turuby translars thu land to the trwssferuu acid CertifiO3 that tl+n transferor is at least oightocn years old and that I . am.not , a . AP 1,44P ........ . .................. I ............. . . ..... Mutt: iet b!(I+tatwt: ......... . ..... Y M t) . .. .. .. $inrakr/sill : ivarne(s} i 19 9 B 11 A I3ll;T.L�, & . Phai;on .......................... .•...: t•...,..;�,t•�i`.. ..... i ...................I.... ......� ............ i I I (9) Spouse(s) O _ I Elate of Sturialuru use ► of Traniferor(s) I tturcby consittel to tints transaction 5turtulurclS) Y M P Natna(s) t I (1g) Trandsror(s) Address ONTARTA. N4G 2A4 forservice 5-/ )MOCK S't'1tF,FT, WLST, '3'ILY.SONAURG, . _...........__ _._.. (talc ul Ncru, ' {1t1 Trancleree(c) Y M 1 1+ I�ARDEY,Y,A� Auyola. 11y2.7 ;0.9 ......................�..... ............. (12) Transfarae(s) Address for ScrAce 50 1tol,1'11 S'1 MET, TILLSONWIRG, ONTAR10- N413 3Y3. (13) Transtaror(a) ltm titutsfcru(varit&e: thal to the Wert of the tr:tnsfww's krutwlMr,o :uxl Ix Itr;f, lies franstor doDs nol UNdrtivt:ne aex:txsn bl1 081 Fof S+t,lia�'re Ditlo of Siyrsature Y M r r) V 1 M 1 00 1 1 t 1, tikfnolutf: ' .. .. .I. . Gkjnntu+u. . . . . . . . . . . . . . . ... .. ...... Wicker for Transforor(e) I nave explained the of of secti+)u 5o rd file oanrang Act to situ trureslctor and I two made trtrtul+ttos ul thu trur+slutut I.c d dt lerrnute sitar this transfur dcx+s roof contravur+u that sWicrt and based an G+B Ittfun7talion suppl�eCl toy Ilu+ bausftstur, lu titb 1)c of my k,t f unaltef Stli +tnau,+e Z bt 10';, (h!S lrftsister does riot conlraV►itw llr�tt L{It lion, I gent sll OMlltl(1 Knlit:dur a+ (li)Od litAndtrxl. Y 1 M () Q Nartw and t _ l . Address of vlpnaturu.............. • • ........ .. , ...... i.. . O 5ollchor ( "b (ld) Solicitor for Traneterea(s) I Isavc+ Invesligaled III, klto to this twxi t+rttl fu isl)uSltttLl Ititt(I Wlturc) retaValll and I am :.e 100(1 UW1 lhrt fdlu eca:urtls p tdvatsl no contravention as set out In S%slxjause 50 (72) (c) (ci) of the Pltttsitiliq Aca and aml III tPm roll of my knowledge and bulrul (his tianslw d00S n01 txxntravc le bmtttrrl So of tiler I'k'tnnino Act. I act indopendenity t)I Ilia #AAr w for the tr(trttiltan,(a) O"d I mn an Ontario solictlar Ill J(xxl Merttrirnq l s Date of Siullotow Name and Y M I) d k e! Addran of t 1 t &c01 Solicitor I ' '_• Cam' Mun Map > v«h. i htt�...�Fror and Tor ---- 15) Aaeumenl Rep Number i -- ( 1 i = i i NOT ASSIGNED ' of Property ! I = nwjiattation Foo (16) tlAurildpal Address of Properry N .__. (17) Da ulrenl Prsparod M/ LA l and Transfer 1 ax NOT ASSIGNEDJOHN R. HOI.MES � - - 11arristcr s Solici t•Or t� - R7 Bidwell .Stre-et " TILLSONRURG, Ontario (17 Not; M ° 1s101 c=�C _3 t+ R. —_--_ �-----_- ^^~'. '---__ --_-- �__ nw"�*mm°m,mthe 'own of rilzonubnrg mow County of Oxford Il'is. 41.11 m°w''mpnembar mon COUNTY OF oxForio, roil joliN if. potmEs. tione-u nking Affidavits. etc Propegty Information Record r-or Land Rogistry office use only oult Claim Depd Registration No. NoL known (10 Lepl description of property cormeyed: Same as iii Wd above YesU r4oLj N.tknK1 school Tax Support (Voluntary Election) Sea revor3a for explanation 4ki) U YoC. do 34 indevi(JUM transferees vAsli to tie Homan Catliabc Separate 5C.AW !;ufoportelb ye -sr- NO E] 01,05/99 17:00 a 519 842 9762 w oN���..x nl Schedule 0.101.0 Form 5 — Land RogItVt►tlon ""form Act B PETZ R E LTD P.03 As,aua.d„"V ,ru[ S Pa0a .... Z ._ A4dKlo Is, Propedy ldonittlar(.l and/or Othor n o 'ransfexor(s) The tran::ferOr h�:rE:l�1► t:ran:iiE:t:s the ltuer t.NIP-i"ls old J•P:"•nrtilztl (8) � ' e transferor is c1�. l_�glli:c.c t altd cartifses ghat ,.h I. am not a apouse---....... --S3.9atu>=c►('ij - of �gd nat_elrc - - -- ... _._... _.......... _ . •.._.._ . _... _ r� Name ( s) 1990 / 3.3- �, . - - .. . George ; --- SCANLAN, laaxry GE.o..:...... . . . ......... • - - - - - - ' 1995 ••• - - --. SMITH, Donna Marie: _ • _ _ ... ... (�?.) Transferors) ddros �-�--_� ,hSUN13URG, ONTAR7t7- N4G 3Y7 -- ... for Service 52 ROI&H STRUBT, 'PIT _ ..__�.. _.__._..._......._._...____ .-----.._._.,._........... la��d t:a i•.11e t.1`at1Si'C:Y•t3t: Tha tran:,ie-ror hcareb_; t l:�.tlsfc:rar t.1t_ and t•hcin (g) Transforor(s) is i1t lc.a +t eighteen Yeaa 'st c,]CI and crsrt:i.ties that: the t.rartsferor 0L s1n not a spouse •�✓� . �/ _ . 3.99©W 1 ._ . �.. . . . C`Tx , Vit-tari.c, Jack y't,C.... • .-.� : • - - - - - - .. . .......................... Xpgg N4G MKS for Service 58 13AT.DW3.N STRFET# '1'1LLSOWBURG, ONTARIO. ... __...._�....-._._.._._--•- •--._....___... • --•-- _�.. c thc: t.rZtta;f.::t:t•�:, - 4, �t�1sjar.: the ) and t - rrransfcr. (si '1'11:: transf•'ror hereby ,r�+;t1-,: said a1t.d thi:- (�) Oi ir: f??I:;T f:i.C}11=EF•�1 �!% 5 t:.:ld cerrifie.la ghat the tr.F.tlsfe:i:a*- at 1 � / am not a Spouse ............ ..... / _ i l ..... - - WRIGHT, Reyin.... •, _..1998 '' ._.. __._._ (12) 'iransre j:or (s) Address , K13C_.ITALS : -- .. •• ),tt l� rc�C'1 stc:j'ed a71. wi 13, 18p,5, ,,. instrument NuP.tbv17 TD97516, WHEitl•AS h,, l -1 - , cwr. of JOHN Si4lifH, bocawq t.11r owner of Lra� 1 545, L ]-o:1 e,r T �: ,:.t.:.t,±�c:d clwrt3r thc.,-c,:Jf to i:h; �: ci!:::�:. y o.': Oxford ,.nd :'f.'.�n�,i1:, tn�: i � j County about thr' �3 cir:�! ofrc,<< ANTI 1tI}IEREAS tacF o:`_'or.ls.;�i.ri aOIIAJ SMITH died e,.i 11• :s n0t o";sib,.l 1.o 19J1 , azd l.,,t.wi Lhstandi11q rvnsidf:r.al)�•t` cif; art � tn.�cic�, _.t. i 1 lic�irs or alter.: t�.`' k i i'1- 15 �13 ; r AND W;iF•R .hS ='!li' cwnurs trcz�t t.imt� to i.i1:1!; of }.,cat': 1S3c), 154x t�rr diver I1j,n 500, Toter, o: '1'ill:�culhnic;, t:ou::ty a, O�:iarcl, w 1,5h7, and 1548, : Vl,?, `,00, e1•(,W0 Of 'rj l'.sonhur- ,', Count-1 Of O:!fore- cj right-of-Wd (), Lot 1545, talolig nrid u,101.1 tilt'• 5raid Lot, 1545, Plitil Jllt1, i!7_` l,t:r::lin:i, n111111i:3:.:, �Jil1 w4 t rl r_T:.e:h othtt r . vi:t13.E:1r-•, _v�avrr Lt 1.545, Ilr.n 500, wew ...c- c AND WIM-"AS 010 i-o-c:said right , •.±;c:.�y,_ a)r t:he: tlul.+.v�,..:i liilt�l.ii�11_! Cl'f:i.t�f:ii to pruviCtf� d Y,tE:l' tr fine: the oJeana•:1t) of�()utllc)usesrfor 1,1d1lo500r� iro!ll tirtlE; .cs t I.l!lt: c,_ •, 1:�$ii. %547, z..21et 1548, 1542, i.i43, AND W11FRRAS the usE f(.)r which the jtfnrc paid r.i.yht--CJi-w?`1 "as eat: :u F^fit;• (50) ore.. 28 01/05/99 17:01 a 519 842 9762 0 PETZ R E LTD P.04 Schedule ue eiililuill Porm 5 -- Land R09IStratlon Relornl Act Pago AddittwNd NOM"V IdentlHer(s) snd/or outer Information RECITALS AND WIIEREAS 14arry George Scanlan and Durina Marie Smith, are the• re:cli%;t.c.11-4L!d owners of Leta 1542 and 1544, Y1ji11 500, Town of Tilluollbuiy, C'uunt.y (.af oxford, by virtue, of. L)ueds re:gisttrred March 15; 1994, a:s 1notrurttent Nuitibof 387887, for Lot 1542, Plan 500, and by Deed registered January 15, 19913, as Instrument Number 420853, with respect to I.ot: 1544, flan 500, Town of 'f'i 1 1 xonburg . ANI) WHEREAS vittario Jack Conti, i;3 the regiatcerud owllr..>; of ]got 1541, pla.11 500, Town of Ti lisunburg, Courlt:y (:it oxfar.d, by virtue of Deed registered August. 28, 1992, as Inst•rumteni: Number 313059. AND WHEREAS Regina Wright, is the owner of Lut 1548, Plan '500, Town 0I ,ri l l.sonburg, County of oxford, by virtue cof Uc-ed rugi.:0--ored Septerntlle:r (1, 1.984, Lila arlstrument_ NulttLrr 29057) . AND WHEREAS the t.r.arrsterors herein are the pr•r.:;e�r1i. owners and all por•solt:= (other than the --aid Angela Fardella) who are entitled by regjai.ratiorl to the aforesaid right.- of ---way over hot. 1545, Plan 500, Town of '1'ille:unl�ttry, County of oxford. AND WHEREAS Angela 1'ardella, since 1985 to the present ti lltta has es11 juyc:cl actual, pe;acoabJe, continuous, exclusi,vr, ulac:tl, undist.urbod dtu3 tIlld iI;l,ttt.t:J poss-t.ssiun and occupation of that. hc,rtiun of Lot 154,15, Plan 500, Towrt of Tillsonburg, County of Oxford that adjoins her property, such }portion of said Lot 1545, Tian 500, being Inure: particularly described as PART 1, or, Reference t'lan 41R-6292 AND WHEREAS the said Angela Fardella, has Lequest. d the Trnnsfuror-• to release, t.o Iley, till: right -of --way over that: portiolt of. Lot. 1545, Plan 500, 'Town Of Tillsonburg, county of Oxford, mor(: particularly do -cri.bed as PART 1, on Reference Plan 41R- 6292 , in acknowled9oment. of: AngcsJ a leardel.la' e:xci ttsive ownership t:hurc:of. . AND WHERIAS the transferors herein, in acknow:edgenient of Angela 1`ardi:lla':s exclusive ownership of the subjc!ct. properx•ty hereby Quit Claim thoi.s itlt[:Yu�•t ill surd proper. Ly to relr-;A.;e Lht: Fight-of-wity J nt.Orc.nt tse hterri,lheLu3:u u►r_1it.i oned . CONSOLIDATION 1110 he consolidated with Property 7dentifittr Number 00032 0101 heirty rant. 1543, plan b00, 'Town of '1•i llsonburg, cotttlt:y of Oxford NFW CONSULl13ATHO DESCRIPTION FIRSTLY;-- Lot 1543, Plan 500, Town of Till':ullburg, County of Uxrc.lrcl, SI:CONn_i.Y:- Part of Lot. 1545, plan 500, Town of Ti i I �oulJttrq, County of oxford, .1t1U>Kr- part3.c.ularly de:;cr'i Ile d a:: PART 1, on Itc:fc:i a 11uu 1,1it11 41it- 6292 y z CORP.1/99 THE CORPORATION OF THE TOWN OF TILLSONBURG CORPORATE SERVICES COMMITTEE MINUTES of the meeting of the Corporate Services Committee held Wednesday, January 20t', 1999 at 3:30 P.M. in the Council Chambers, Tillsonburg Municipal Offices. PRESENT: Mayor C. McKnight, Deputy Mayor Horton, Members: D. Beres, B. Carroll, R. Smith, C. Rosehart Others: S. Molnar, G. Leachman and S. Lamb Staff D. Morris, Clerk -Administrator J. Arts, Treasurer B. Bartlett, Deputy Clerk ORDER OF BUSINESS: A. Adoption of Agenda Moved by D. Beres Seconded by B. Carroll THAT the Agenda for Corporate Services Committee of Wednesday, January 20'', 1999 be approved as circulated, with the following amendments: Deletion of- E. Special & Property 1. Clerk -Administrator — Appointments to Boards and Commissions Addition of- E. Special & Property 1. Up -Date — Aggressive/Dangerous Dog By -Law F. Other Information 1. Tender Opening — Sewage Treatment Plant 30 B. Declaration of Conflict of Interest Mayor Cam McKnight declared a Conflict of Interest with respect to Vendor A125 and D. Beres declared a Conflict of Interest with respect to Vendor B195, as found in the Accounts Payable List for December 1998 and under Agenda Item D. Finance, 1. Accounts Payable. C. Delegations None D. Finance 1. Accounts Payable List, as per December 31, 1998 After answers were .provided to several questions raised by members, the Committee approved the Accounts Payable List as amended, as of December 31 , 1998. Moved by D. Beres Seconded by C. Rosehart THAT Corporate Services Committee recommend to Town Council the payment of the Accounts Payable List as of December 31 ". 19982 in the amount of $1,5621975.97, which reflects the deletion of $1,549.77, payable to the Municipality of Bayham. "Carried' 2. Clerk -Administrator RE: Year 2000 Task Force David Morris presented a report dated January 131h, 1999 to Corporate Services Committee. In response to discussion from Committee Members, Mr. Morris explained that an Emergency Preparedness Plan is under review and it is separate to the objectives of the Year 2K Task Force. Mr. Morris further advised that a budget for contingency planning, the amount of which to be identified and submitted to the 1999 Corporate Services Budget sessions It was noted that this provision is to include the completion of automation requirements for the Town's Boards and Commissions. Moved by B. Carroll Seconded by I. Horton THAT the Corporate Services Committee recommend to Town Council the recommendation, as contained in the report from the Clerk -Administrator dated January 1 P, 1999 RE: Year 2000 Awareness — Town of Tillsonburg, be adopted. "Carried" 3. Regular Inventory Check of Town Assets - Policy Corporate Services Committee directed the Clerk -Administrator to prepare a report for the next Corporate Services Committee meeting with respect to a policy on inventory of Town assets. E. Special and Property 1. Up -Date — Aguessive/Dangerous Dog By -Law B. Bartlett, Deputy Clerk, advised Corporate Services Committee THAT a request had been made to Mr. Toby Barrett, MPP, requesting a status up- date on the petition sent to the Legislative Assembly of Ontario by the Town of Tillsonburg on May 1 ", 1998, with respect to the Town requesting permissive legislation under The Municipal Act to restrict and regulate the pitbull dog. The Deputy Clerk was requested to prepare the appropriate resolution for Town Council that would ask the Minister of Municipal Affairs to give that permissive authority under The Municipal Act, presently in place. 2. Clerk -Administrator — Correspondence from Papaioannou A letter dated October 30'h, 1998 from Michael Papaioannou and memorandum dated January 190', 1999 from the Clerk -Administrator were received. The Corporate Services Committee denied the exemption to By -Law 2835 and requested the Clerk -Administrator to advise Mr. Papaioannou by telephone and to further confirm the decision in writing. 3. Deputy Clerk - Rock's Mill Dam Project A memorandum dated January 13'h, 1999 from the Deputy Clerk was received. 32 Committee directed that they should be kept apprise and participate in further discussions when the engineering study on Rock's Mill Dam is complete. 4. Deputy Clerk - Tillsonburg Water Reservoir Project A memorandum dated January 13`}', 1999 from the Deputy Clerk was received. Corporate Services discussed the background for the Tillsonburg Water Reservoir Project and there was no further consideration of the Winter Associates Report dated 1988 at this time. 5. Deputy Clerk — Correspondence from FCM A memorandum dated January 15`h, 1999 from the Deputy Clerk was received. It was noted that previously Corporate Services prefers to go through AMO with any resolutions. F. Other Information 1. Tender Opening — Sewage Treatment Plan D. Morris, Clerk -Administrator, advised that there will be a tender opening for the Sewage Treatment Plant on Tuesday, January 26 h, 1999 at 1:00 P.M. in the Council Chambers. Dave Beres, Chair of Public Services Committee, stated that he would be in attendance. G. Executive — Closed Session Moved by I. Horton Seconded by B. Carroll THAT Corporate Services Committee now move into Closed Session to consider matters of personnel and potential litigation. "Carried" Corporate Services Committee recessed at 5:00 P.M. and reconvened back into Open Session at 7:20 P.M. 33 H. Open Session Moved by Mayor McKnight Seconded by B. Carroll THAT Corporate Services Committee recommend to Town Council that the proceeds from the sale of the municipal lands at the corner of Lisgar Avenue and Broadway be allocated into the appropriate sewer and road improvement reserve accounts in the 1999 budget and to possibly reduce the debenture debt for the North Broadway reconstruction project. "Carried" Moved by B. Carroll Seconded by D. Beres THAT Corporate Services recommend to Town Council that due to the forthcoming retirement of Mr. John Arts staff proceed with the advertisement for the position of Treasurer for the Town of Tillsonburg. "Carried" Meeting adjourned at 7:25 P.M. 34 TOWN OF TILLSONBURG STATEMENT OF REMUNERATION AND EXPENSES PAID TO MEMBERS OF COUNCIL FOR THE YEAR ENDED DECEMBER 31, 1998 PURSUANT TO MUNICIPAL ACT, CHAPTER M.45, SECTION 247 MILEAGE, CONVENTIONS NAME REMUNERATION AND SEMINARS TOTAL BERES, DAVE $ 8,993.02 $ 11884.90 $ 10,877.92 CARROLL, BRENDA 9,934.52 84.11 10,018.63 HORTON, IRVING 9,934.52 213.99 10,148.51 LAMB, SAMUEL 9,934.52 3,280.90 13,215.42 LEACHMAN, GAYLE 9,934.52 10515.19 11,449.71 MCKNIGHT, CAMERON 18,246.79 84.11 18,330.90 MOLNAR, STEPHEN 7,776.46 -- 7,776.46 ROSEHART, CHRIS 8,993.02 (85.00) 8,908.02 SMITH, ROBERT 9,934.52 2,079.38 12,013.90 TOTALS $ 93,681.89 ,$ 9,057.58 $102,739.47 OTTER VALLEY UTILITY CORRIDOR & RECREATION TRAIL MINUTES Tuesday, December 15, 1998 - 7 PM - Bayham Council Chambers Present: Chair S. Lamb, Vice -Chair C. Evanitski, M. Stewart, B. Smith, C. Rosehart Staff: L. Buchner, D. Morris, F. Bell, B. Bartlett A. Adoption of Minutes Moved by B. Smith and Seconded by C. Rosehart: 'That the minutes of November'24, 1998 meeting of the Otter Valley Utility Corridor & Recreation Trail Committee, be adopted., Carried. B. Business Arising From Minutes None. C. Adoption of Agenda Moved by C. Evanitski and Seconded by M. Stewart: 'That the Agenda for the meeting of the Otter Valley Utility Corridor & Recreation Trail Committee dated December 15, 1998, be adopted.' Carried. D. Deputations 1. 7:00 P.M. - Mr. Donald Good, LLB Mr. Donald Good, LLB representing adjacent property owners to the Trail addressed the Board of Management and presented their submission dealing with the Line Fences Act, RSO 1990, zoning under the Planning Act, RSO 1990 and liability with respect to the operation and management of the Trail. Mr. Good stated that he was proceeding on behalf of the adjacent landowners to process an application under the Line Fences Act, RSO 1990 and it was the responsibility of the municipalities to erect and maintain the fences in accordance with the Act which will require an appropriate budget for materials and cost. 1 36 -2- Mr. Good further stated that the municipalities should consider the adoption of appropriate zoning under the Planning Act, RSO 1990 that would recognize the Trail as a permitted land use. In response to a question from C. Evanitski, Mr. Good stated that he was instructed to proceed with an application under the Line Fences Act, RSO 1990. In response to a question from B. Smith, Mr. Good stated that he would provide to the Board of Management with a list of the adjacent landowners that he represents. ii) 7:15 P.M. - Mr. Bob Gregson Mr. Bob Gregson addressed Committee and requested that his property be fenced along the entire length of the Trail as he has experienced trespass with motorized vehicles. In response to a question from the Board, Mr. Gregson stated that the fences were in place by the Railway about 20 years ago. Mr. Long addressed the Board meeting and stated the tracks have been lifted for at least seven years. Mr. Gregson requested that the issue with respect to his land locked parcel and access to it across the Trail be resolved by the Board. In response to a question from the Board, Mr. Gregson stated that he had no problem with the lands when they were owned by the Railway and that he had attempted to buy the lands for his own use. In response to a question from Mr. Gregson, S. Lamb stated that no funds have been committed as of yet for fencing. iii) 7:30 P.M. - Mr. Bill Underhill Mr. Bill Underhill addressed the Board and stated that the municipalities are the new owners of the lands and it is their responsibility to rezone the subject lands for a Trail. He further advised that since the lands are a former railway they would take on the zoning of those lands immediately adjacent to the railway and that this is in accordance to the Bayham Zoning By-law. -3- E. Other Business Mr. George Gilvesy addressed the Committee and expressed concern for increased insurance premiums with the Trail. He expressed further concern that costs for the development of the Trail by the municipalities will be out of control. Mr. Gilvesy stated that the adjacent landowners have the greatest amount*at risk in the development of the Trail and should have their concerns addressed by the Board. Mrs. Wanda Hoshal addressed the Board and stated that children need a safe place to recreate and that the trail is an excellent place for this activity. She further stated that it is the responsibility of the municipalities to make sure the Trail is safe and accessible to all people and users. In response to a comment from a member of the public, Mr. Al Spicer addressed the Board and stated that there are no dairy cattle farming operations along the Trail. Mr. Everett Vanvor, Ontario Federation of Snowmobile Clubs addressed the Board and explained the permit system for trail use across Ontario. He further stated that both owned and leased trails are insured by the Club, however, off trail use is not covered under their insurance program. He stated that the permit system allows for trail use only and that any other use would be trespass and that is a criminal activity that can be enforced through policing. Mr. Vanvor further stated that shared use with the Club would ensure proper rules and procedures for the Trail, as well as a protection of landowner interests through policing. Mr. Matt Schafer addressed the Board and stated that there will be increased risk if motorized uses are allowed on the Trail. Mr. Spicer addressed the Board and stated that the trail concept can work elsewhere and questioned why it doesn't work for the Otter Trail. Mrs. Rose Laemers addressed the Committee and stated that there were very few problems associated with the Trail, except for noise, and that the municipalities should proceed with the trail concept and let the policing be dealt with by the local snowmobile clubs. Mrs. Linda Vandevever addressed the Board and stated that she has experienced no noise problems with respect to the Trail. 38 -4- Mrs. Gibbons addressed the Board and expressed concern for hunting from the adjacent lands. Mr. Kevin Taylor stated that the East Elgin Trail Association made users aware of hunting seasons in their club's Newsletter. Mr. Long stated that the Board has to get the user groups and landowners working together in Committees so that issues, such as garbage dumping, can be addressed. Mr. Dave Mason, Councillor addressed the Board and provided an alternate route to Tunnel Road, through the former Village of Vienna, and filed a copy with the Secretary. Mr. David Hoshal, Southern Snbwriders Club addressed the Board and stated that the club would like to work with the municipalities, interested groups and the landowners on the trail and share with the associated costs of development. He further stated that signs are needed on the trail to warn users of dangers. F. Adjournment The Committee meeting adjourned at 8:25 p.m. r �9 Jhe Corporation ollL COUNTY OF OXFORD DEPARTMENT OF PLANNING AND DEVELOPMENT P. o. Box 397, Court House, Woodstock ON N4S 7Y3 CO 9-21-182 OUR FILE: January 4, 1999 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./The Linkoln Group Inc. Lot 61, Plan 41 M-133 . Town of Tillsonburg (Magnolia Fax: (519) 537-3024 Telephone: (519) 539-9800 Please find enclosed an application received from the Linkoln Group Inc. requesting that Part Lot Control be lifted from Lot 61, Plan 41 M-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 lifting of Part Lot Control. It would be appreciated if you could bring this matter to the attention of Town Council at its meeting of January 11, 1999. 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 61, 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 January 7, 1999 and County Council will consider the By -Law to lift part lot control on January 13, 1999. If you have any questions, please do not hesitate to contact our office. MB/db Encl. Y , urs truly, % v Michael Barrett, MCIP, RPP PlOnner p.c. E. Micacchi, Nesbitt Coulter 40 41 APPLICATION FOR EXEMPTION FROM PART LOT CONTROL The undersigned hereby requests the County of Oxford to consider an application for exemption onotheatandsLot heorelnafterrdescrlbedsuant to Section 49(7) of the Planning Act 1 PURPOSE OF APPLICATION (Please check appropriate box) Minor redesign to lots or blocks In a Registered Plan F1of Subdivision F� Sale of part lots created through road widening Creation of Individual lot(s) for semi-detached and rc.� ahouses a Creation of servicing easements In a Registered Plan Long-term leases for stores in a shopping centre on a F-1 Registered Plan X Other creation of individual lot(s) for single Describe family houses THE LINKOLN GROUP INC. 2a) APPLICANT'S NAME APPLICANT'S ADDRESS 71 Montclair Drive, P.O. Box 233, Woodstock, Ontario N4S 7W8 TELEPHONE NUMBER _(519) 519-1977 Registered Owner (if other than applicant.) THE T.TNKOLN GROUP INC.- 71 Montclair Drive, P.O. Box 233 Woodstock, Owner's Address Ontario N4S 7W8 Telephone Number (gig) 539-1 977 2c) List of any mortgage, charge or encumbrance on the property. Name N.A. .^•.ddress N.A. 2d) Location of Subject Land Lot Number(s) 61 Plan No. 41M-133Yr. Plan Registered 1991 Part Number(s) 1 & 2 Reference Plan 41R-6198 Street Address (if any) Peach Street Tillsonburg, Onrar;r� The subject land Is located on the side of the S Street lying between Street and Application for Page 2 Exemption from Part Lot Control 2e) Specific Indication of uses of land and buildings Residential 2f) Official Plan Designation Residential Zoning Residential cite Information: t ztac?-i separate sheet If more then one Ic�) PART 1 Lot Frontage 10.75 metres Lot Depth Lot Area Lot Coverage Front Yard 7.64 metres - 7.65 metres Rear Yard 14.4 metres Interior Side Yard 1.74 metres Exterior Side Yard n.a. (corner lot) Landscaped Open Space (9b) No. of Parking Spaces width of Planting Strip Driveway Width 42 Application for Page 2 Exemption from Part Lot Control 2e) Specific indication of uses of land and buildings Residential 2f) Official Plan (Designation Residential Zoning Residential 0 ?, Site Information: i.,:tach separate sheet if more than one lot) PART 2 Lot Frontage 16--37 metres Lot Depth - etres Lot Area - Lot Coverage Front Yard 7.69 metres - Rear Yard 13.0 metres interior Side Yard 1.64 metres Exterior Side Yard n.a. (corner lot) Landscaped Open Space (56) No. of Parking Spaces Width of Planting Strip orIveway width f. 43 Application for Exemption from Part Lot Control 4. Other (specify) Gated this 2nd day of December 19 98_ GRAHAM HARCOURT of the City t•, of Woodstock in the County of Page 3 Oxford 00 SOLEMNLY DECLARE THAT: All of the statements contained In this application are true and I make this solemn declaration conscientiously believingame force and eit as to be true and knowing that It is of z �a Fv I den,�rPACC• .If made under Oath and by virtue of the DECLARED before me at the Ci ty o f Woodstock In t h e Count- of Oxford 2n� day o f December t g98 _ this , A Commissioner, Etc. r JtmfiH IYNNE Al.DISON, Commissiow, etc., Courtly of OEM, for Nesbftt Coulter, B�st arriistem and S`ollicit m 4 ET �' Sg4ura � a an iences Foundation January 4, 1999 > C f-. '4 N REFERRt� TO Mr. David C. Morris Clerk/Administrator 200 Broadway Street, 2nd Floor TILLSONBURG, Ontario N4G 5A7 Dear Mr. Moms: The Foundations of London Health Sciences Centre, St. Joseph's Health Centre, Park -wood Hospital and the Children's Hospital of Western Ontario are making plans to launch our 5th Dream of a Lifetime house lottery. Since this project's inception in the spring of 1996, in excess of $4.5 million has been raised for health care in London and the surrounding community. There are 2200 fabulous prizes available to be won in the Spring'99 lottery including a fabulous dream home, $100,000 cash and a unique early bird prize featuring a double prize of a vintage 1965 Ford Mustang and a 1999 Ford Mustang. As in the past, lottery tickets will be available at the prize home site in London, by mail, at each of the partner hospitals, over the telephone, at all branches of the CIBC in London and at 23 branches of the CIBC within an approximate fifty mile radius of London. We are currently negotiating with Canada Trust and may have tickets available for sale at Canada Trust branches in the region as well. The Alcohol and Gaming Commission of Ontario (AGCO) requires that licencees operating gaming activities of this type, obtain permission to extend our ticket sales into any municipality other than the home based municipality. Because CIBC, (and Canada Trust if applicable in your community), are a part of our ticket sales network and will have tickets available for sale at their respective bank branches in your town, I am writing today to seek formal permission from your municipality to sell tickets in your municipality in accordance with the AGCO's raffle/lottery rules and regulations. 45 -2- Please direct your correspondence or inquiries to the undersigned. May I ask that you forward your response by facsimile in order to expedite this process. Thank you for your assistance. Sincerely, 0 Janet Burrell Associate Director, Gaming Please direct correspondence to: Ms. Janet Burrell Associate Director, Gaming London Health Sciences Foundation 747 Baseline Rd., West London, Ontario N6C 2R6 Telephone (519) 685-8270 Facsimile (519) 685-8442 Oxford County Tourist Association 419 Hunter Street — Woodstock, ON — N4S 4G5 — Canada Phone 539-0015 Ext. 345 ~ Fax 537-3024 Town of Tillsonburg 200 Broadway St. Tillsonburg, ON N4G 5A7 January 15, 1999 �to Attention: David Morris Re: Delegate for the Town of Tillsonburg Dear Sir The Oxford County Tourist Association (OCTA) requires the name of your appointed delegate to the Board of Directors for the term 1999-2000. In the event the said delegate is unable to attend a meeting, please submit as well the name(s) of an alternate that will attend on behalf of the Town of Tillsonburg. The names submitted to represent the Town will be presented at the Annual General Meeting to be held on Monday, March 22"d, 1999. Fran Bell has been the representative from the Town of Tillsonburg for the past few years. Please return the response to this letter to OCTA by February 261h, 1999. Yours truly, Doug W nterton Chair LOCATION: Town of Tillsonburg ATTN: Mr. David C. Morris Mr. Bradley Bartlett Mr. John Arts Mr. Ray Jones Mr. Gary K. Seitz XCERIPT FROM THE TOWN OF DICKERING COUNCIL i1+fiNU ES OF JANUA,RY 18 1999 WBEREAS in the Report Card from Ontario Campaign 2000 January 6, 1998, a Provincial am of the Federal initiative to eliminate child poverty, it is identified that in Ontario, child poverty is growing at "an alarming rate"; and WEI REAS the goal of Ontario Campaign 2000 was to eliminate child poverty by the year 2000, however, since its inception in 1989, the number of poor children in Ontario has grown from 254,000 to 548,000, an ` increase of 116 percent; and WHEREAS the local food bank of St_ Paul's on the Hill reports that in Pickering over 50% of its users are children under the age of eighteen compared to a percentage of 37% in Toronto; and WHEREAS the Provincial Minister responsible for children, the Honourable Margaret Marland, has stated that, despite the overwhelming evidence and suffering among a hug e population of children, she does not believe that the numbers that have been revealed by Ontario Campaign 2000 and other independent organizations are accurate; and WEIEREAS by ignoring the problem of child poverty and dismissing it as an issue that needs to be addrIssed, there is no hope of improving the plight of children in Pickering, Durham or Ontario and that the situation is bound to deteriorate further; and WI-IEREAS Pickering has dedicated its celebration of the Millennium to children and seniors in a motion unanimously adopted by Council in December of 1998; NON the Council of the Corporation of the Town of Pickering hereby calls upon the Prov ncial Government to acknowledge and address child poverty within Pickering, Durham and Ontario by w rking with local organizations and municipalities to understand the causes of child impoverishment in each minunity and implement solutions; and ` THAT by way of distribution of this motion to Ontario municipalities, local governments be asked to pass similar motions requesting that the Provincial Government live up to its commitment to stop child poverty as outlined in Campaign 2000 and work with local organizations and governments to solve the emerging crisis that is facing our most vulnerable citizens; and this motion be further distributed to: 1.Lehonourable Margaret Marland, Minister Responsible for Children 2.Honourable Janet Eeker, M.P.P. (Durham West), Minister of Community and Social Services 3.Harris, Premier of the Province of Ontario "This is a paid announcement and view and comments expressed herein are not endorsed by AMCTO" 48 210 Main Street East, P. O. Box 100, Otterville, Ontario NOJ 1RO 879-6568 863-2709 Fax: 879-6385 ADMINISTRATOR/CLERK-TREASURER TAX COLLECTOR John R. Innes, B.A. (A.C.S.), C.A. MUNICIPAL INSPECTOR Doug Wilson, P. Eng. PUBLIC WORKS SUPERINTENDENT Ron Smith, C.R.S.1. E-mail: =nor(@-oxford.net DIRECTOR OF RECREATION, PARKS Website: h!M:://www.oxford.net/—tmTnor .• �'I""',�^ AND FACILITIES TnwN �� 'r+l LMark Baxter °IV r JAN 1 8 19c9f9 January 14th,1999 FILE # REFERRED TO TOWN OF TILLSONBURtr 200 Broadway, Second Floor, Suite 204, Tillsonburg, Ont. N4G 5A7 Dear Mr. Morris, Please be advised that the following resolution was approved by the Municipal Council on January 11 the THAT the Township of Norwich Council agree with the Town of Tillsonburg's request to have the County of Oxford defer the consideration of the Deloitte-Touche Water and Waste Water Report until March 151h, 1999, to allow area municipalities and P.U.C.'s to carry out the necessary reviews and prepare reports for County Council's consideration. If you have any questions regarding this matter or any aspect of your dealings with the Municipality, please do not hesitate to contact the undersigned. You ly, rr:%innes, inistrator/Clerk-Treasurer. JRI:yh 49 JOAN BARRETT, A.M.C.T Deputy Clerk Administrator 130 OXFORD ST INGERSOLL, ONTARIO N5C 2V5 TELEPHONE: 519/485-0120 FAX: 519/485-3543 THE CORPORATION OF THE TOWN OF INGERSOLL January 19, 1999 County of Oxford F. O. Box 397 Woodstock, Ontario N4S 7Y3 Attention: Ken Whiteford Clerk/C.A.O. . . ..... ....... .... ............... ....... .. .. ................ . ... ...... ... ............................. : ................................ Re: Water and Waste Water Report Dear Sir: The following resolution was passed by Council of the Town of Ingersoll on January 13, 1999: That the resolution from the Town of Tillsonburg to defer consideration by County Council of the Deloitte & Touche Water and Waste Water Report until March 15, 1999 be supported." Yours truly., 6an Barrett Deputy Clerk Administrator pc. - Town of Tillsonburg v 50 OPAL Ontario Property Assessment Corporation SOEF Societe ontarienne devaluation fonciere Regional Assessment Office 4380 Wellington Road South, London ON ME 3A2 4380 rue Wellington sud, London ON ME 3A2 TEL: (519) 681-0050 FAX: (519) 649-3368 January 18, 1999 Mr. David C. Morris Clerk -Administrator Town of Tillsonburg Municipal Offices, 200 Broadway Suite 204, 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Mr. Morris: Tn�rr OF TILLSOW-I!!s?� !: Y� .'AN 19 ISA F(E # ri ---------------- As you are no doubt aware, on December 31, 1998 the Ontario Ministry of Finance, Assessment Division, became the Ontario Property Assessment Corporation. Along with the change in name the transition provided for enhanced retirement packages to many staff. This office lost three managers at the time of transfer and will lose an additional five property assessors, throughout the region, between now and July. These initiatives required movement of managers within the office. I am pleased to inform you that Bill Somerville will assume the management responsibilities for your municipality. The assessor positions will be filled as they become vacant. Please feel free to contact Bill or myself if you have any concerns about how we are dealing with assessment matters in your municipality. Yours truly Paul J. Smith Assessment Commissioner PSJ/bj �1 Office of the Bureau de Parliamentary Assistant I'adjoint parliamentaire to the Premier du premier ministre Room 6521, Whitney Block Edifice Whitney, bureau 6521rot!VN OF TI;..I_S^r!PUQ3 Queens Park, Toronto Queeen's Park, Tor Ontario Ontario M7A 1 Al (Ontario) M7A 1 Al C 6 I 'V FILE # Dear Friends: REFERRED TO On behalf of Mike Harris, Premier of Ontario, it is my pleasure once again to invite you to participate in the Ontario Volunteer Service Awards and the Outstanding Achievement Awards for Voluntarism. These programs provide an opportunity to nominate volunteers, groups, and businesses to receive recognition for their valuable contributions. Information brochures and nomination forms are enclosed to provide you with details about the application and selection process, as well as deadlines for submissions. Voluntarism has a strong tradition in Ontario. I encourage you to nominate volunteers so that they can receive the honour they so richly deserve. Award ceremonies will be held across Ontario beginning in March 1999, so that we can demonstrate our appreciation of the many volunteers who generously contribute to the quality of life in our province. If you are an umbrella organization with member groups in Ontario, please share this information your colleagues. The Honours and Awards Unit of the Ministry of Citizenship, Culture and Recreation will supply additional copies of the brochures and nomination forms for distribution as requested. They can be reached at (416) 314-7256. I am also pleased to enclose an executive summary of the inaugural meeting of the Premier's Round Table on Voluntary Action. The Premier's Round Table was established to bring together representatives of the voluntary sector, business, and government to create a plan of action to strengthen volunteerism and improve the quality of life in Ontario's communities. I look forward to having the opportunity to meet and personally thank some of the many volunteers who help to make our province a better place to live. Yours very truly, Marilyn Mushinski, MPP Encls. 5� JAN-11-SS 16=SS FROM:COUNTY OF OXFORD ID:S19 S37 3024 PACE 1/2 C6 Z&ix o -- Lt- URGENT MEMO 4 To: Mare Brown, CauibafWord Fax Na (519) 537-=4 No, of per; Z Date: January 71,1998 R,9a,*+s: FAirt� for PropeAr Taxpayers act (EMU 79I - Update MTE has been dosely mor 1- ing assessment and property tax reform devetopmerds thcougtlout 1998 and 1999 and has pat ddpaWd on troth MOM Expert Pasmi on Taxation SokAkms and more lemitly. the Wustry of Financels Technical Advissmy Com" t m. Through this irredhMment we have maned to Stay atm"of tax norm issues in a rapkfly chancing mm ment, and are pleased ba !beep our cGerft apprised on an most an-9okV update. basis of any majorpment4 in this rl�ard. The Wowing is our.11 As you are aware. Bill 79 mquires that mandatory omits on property tare reform related iner+oases be implemented tier all multi-r+esidenW, comnwraal arld industrial ca ay�ere for the 19g$, 19"-- 9nd 2W0 t@c cycles. The deadline for murdapal deports about which of the fools to use to meet the 1 OZZ limit requiremrtts in respect of the 1998 cYde is January 31' ;1998. Unfortunately, the calculations to isolate amounts that are subject to the mwdrnum trot threshold have still not yet been finalized by regulation. In eddrWn, a separate regulatian is required to provide deWLS about haw tD treat municipalities that restruchred in 1998 within the eontaA of the 10-5-S legislation. Unfortunately. Men tttis issue will be dealt with is not yet ImowrL This situation, mnbined wish the lade of availability of analytical tools, VAN seriously affect the ability of all municipalities to make informed decisions about which of the tools, if any, to use wilt h the contod of 10-5-6_ As each of our upper and single tier munidpal clients face the task of making tax policy decisions m faeii tate the implerrrwritafion cf the 10-6-5 tax limit in 19W, we would advise Staff and Members of Council to bear the tollowmg in mind. RecognWM the merits, asadvantages and relative efficacy of a number of the available tar impact rn Ration tools, at this late dabs it is suffice to say that for rrmt munidpal'&9s there are really only two options remaining to consider within the codte d of BNI 79s requirements. (1) Upper and single tier nxmicipaUges can opt to use a combination of optional lax classes and a mbmda pm9mm to provide refref for cripases over the rnWdrnum tmc dwesholds for property in the aoammerciml and industrial classes GMY. In ttlis case, -any Costs associated with providing rebates to c amounts over the allowable Into, for both municipal and education purposes. would be recovered by increasing taxes an an property in the broad b3 JAN-11-99 16:56 FROM:COUNTY OF OXFORD ID S19 537 3021 PAGE 2/2 commercial and industrial classes. It is important to be awarethat the Nimister of Finance must approve aO bylaws that provide for this type of rebate program. The requirements to receive approval are, however, not known. (2) A new 10SS capping tool is available for all property Gasses subject to the 10-6-51imit, including multi -residential, commercial, industrial. This mechanism relies on a balancing of increases and decreases within the same class to fund amounts over the maidmum tax thresholds. A third outcome is also possible. If an upper or single tier does not pass a bylaw by January 31, 1999 to implement either of the previously mentioned strategies, each tier will be required to find their respective share of increases above Me permitted thresholds, as well as the education portion- Any revenue shortfalls that might result for i m wudd only be mwuped by raising revenues in the Wowing twca hon year, im. 1999. In this case, all ratepayers, including Class 1 Residential property, would experience municipal tax rate increases to recover revenues that were lost to achieve the 10-5-5 tau increase limits. MTE is currently working to provide our clients with the information necessary to make 'informed choices about these three options. While the absence of final regulations about the mechanics of the 10-5-5 threshold has to date delayed progress in this regard, every effort will be made to provide you with the following information sa that decisions can be made during the last week of January. (1) data about the impacts of employing optional commercial and industrial tax classes; (2) an estimate of the potential casts and tax rate impacts associated with rebating tax increases above the mandated threshold, (3) information about the concentration of tau increases and decreases withirn each affected property class for the purpose of the 10-5-5 cap. and (4) an estimate of the amount of revenue that might have to be raised in the following tax year if neither of the rebate or rapping options is selected. It is, however, important for all of our clients to be aware that, without a further extension of the January 31 deadline. 10-5-5 related policy decisions may have to be made with limited information, and with little time for consultation with the lower tiers or other affected parties. Councils may, ttlererore, want to consider requesting a municipal specific extension for a limited amount of time beyond the deadline_ In any event; all Commitlees/Councils should be prepared to deal with these matters during the last week in danualy, if you have questions or require clarification about any of the preceding material, please do not hesitate to contact our offices. In the meantime, MTE will continue to make every effort to meet your analytical needs prior to the end of January deadline. Sincerely, � Ca a Y. Nell, Director, Administration & Research, MTE 34 An Invitation "FORUM ' 99" Searching for Solutions to Physician Recruitment and Retention in Southwestern Ontario Wednesday February 24, 1999 W.I.S.H. Centre, Chatham, Ontario An opportunity to join together in a search for positive and sustainable solutions to the challenge of medically underserviced rural and urban Southwestern Ontario. AGENDA 8:30 REGISTRATION 9:00 WELCOME AND INTRODUCTION Co-chairs: Mr. Berme Blais, Chatham Kent Health Alliance Dr. Amir Janmohamed, PAIRO 9:15 FRAMING THE CHALLENGE: Physician Distribution in Southwestern Ontario Dr. James Rourke, SWORM 10:00 NUTRITION BREAK 10:15 THE PROGRAMS AND THE COMMUNITIES: A Panel Presentation and Discussion Ms. Bonnie Adamson, Huron Perth Hospitals Partnership Dr. Ken Babey, Society of Rural Physicians of Canada Hon. Michael Hurst, Mayor of Windsor Dr. Sarah MacKinnon, PAIRO Mr. Glen Mathers, Kitchener Waterloo Chamber of Commerce Mr. Jay Orchard, Community Development Officer for Southwestern Ontario Dr. James Rourke, SWORM Dr. Michael Thobum, Ontario Medical Association Ministry of Health Representative 11:45 QUESTION PERIOD Moderator: Dr. Joshua Tepper, PAIRO 12:30 LUNCH 1:00 KEYNOTE ADDRESS Mr. Graham Scott, OC Author of Report of the Factfinder on the Issue of SmalURural HgoiW Emergency Department Ph ician_ 1:45 Service BUILDING THE SOLUTIONS: Working Groups *Rural: Prioritizing for the Future Analyzing past, present and future solutions for the rural underserviced community. *Urban: Building Solutions Exploring and developing solutions for the urban underserviced community. *The Recruitable Community A hands on practical `how to recruit and retain" seminar for communities. 3:30 WRAP UP AND CLOSING REMARKS Dr. Matthew Hodge, PAIRO 4:00 RECEPTION Sponsored by: ARAMARK Canada Ltd. Chatham -Kent Health Alliance Med-Emerg International Inc. HBO & Company Professional Association of Internes and Residents of Ontario FORUM `99 Participants and Facilitators Ms. Bonnie Adamson, President and CEO, Huron Perth Hospitals Partnership Dr. Ken Babey, Secretary, Society of Rural Physicians of Canada Mr. Bernie Blais, CEO, Chatham -Kent Health Alliance Ms. Gwen Devereaux, Business Manager, Seaforth Medical Clinic Dr. Sonu Gaind, Past President, Professional Association of Intemes and Residents of Ontario (PAIRO) Mr. Paul Geukers, Senior Sales Executive, HBO & Company Dr. Matthew Hodge, Vice President, Professional Association of Intemes and Residents of Ontario (PAIRO) Hon. Michael Hurst, Mayor of Windsor Dr. Amir Janmohamed, President, Professional Association of Intemes and Residents of Ontario (PAIRO) Dr. George Macey, Policy Advisor, Northwestern Associated Chambers of Commerce (NOACC) Or. Sarah MacKinnon, Executive Member, Professional Association of Intemes and Residents of Ontario (PAIRO) Mr. Glen Mathers, President, Kitchener Waterloo Chamber of Commerce Mr. Jay Orchard, Community Development Officer for Southwestern Ontario Dr. James Rourke, Director, Southwestern Ontario Rural Medicine Program (SWORM) Mr. Graham Scott, QC, McMillan Binch Dr. Michael Thoburn, Executive Director, Ontario Medical Association Professional Services Dr. Joshua Tepper, Executive Member, Professional Association of Intemes and Residents of Ontario (PAIRO) Dr. Ramesh Zacharias, CEO, Med-Emerg International Inc. Registration is Limited - Please confirm your attendance via mail or fax by FEBRUARY 5, 1999 to: PAIRO Suite 1402, 505 University Avenue, Toronto, Ontario, M5G 1X3 Phone:416-979-1182 Fax:416-595-9778 For further information please contact Lynn Bury at the above number or email at: lynn_bury@pairo.org Upon Registration an information package will be forwarded to you. Name: Title: Organization: Address: Telephone: REGISTRATION FORM "FORUM '99" Searching for Solutions to Physician Recruitment and Retention In Southwestern Ontario Fax: Email: Please indicate your working group preference in decending order: Rural. • Prioritizing for the Future Urban: Building the Solutions The Recruitable Community 56 01/Z9/99 01:3426 EST: ASSCCIATIOM OF?-> Clerk - Town of Till Page 88Z JAN--19t99 TUE 05:53 PM AMO I FAX NO. 4169716191 P. 01 Association of Municipalities of Ontario 393 Uninmity Avunue, Suita 1701 Toronto, ON MSG 1E6 Tel: (416) 971-9wo • fax: (416) 971.8191 ern8it 8m08sm0.munlcarn.com I nsure that copies of this are distributed to all Members of Council For 116me'diate Action January 19, 1999 Alert 99/001 portant Rill 79 Regulations Released: Calculation of Capped Property Taxes 1 ISSU Th regulation that provides the method of calculating assessment reform -related amounts that are sut 'ect to the 10 per cent cap on tax increases has been released. Fact Onta io a guWan 7/99 This guI tion, signed January 13, 1999, contains a series of calculations that municipalities must use to dete ine the amount of property tax increases that must be capped for commercial, industrial and multi- resid ntial properties. The 10 per cent cap on Increases in 1998 only applies to the assessment reform- relat portion of tax increases. Any portion of a tax increase that is due to municipal budgetary increases, inclu ing changes arising from municipal restructuring or commercial/industrial education rates, are not subj t to `the cap. The gulation is complex, involving a series of calculations that must be performed for each property in the com erci Vindustrial or multi -residential tax classes. The calculation used to determine the'reform-related' com onent of municipal tax increases uses a municipality's actual 1997 and 1998 tax rates, and 1998 edu tion tax rates for each tax class, including sub -classes such as office buildings, shopping centres, etc. The gulation also includes a method of determining a property -by -property amount to reflect the provincial com ercial-industrial education tax cut that was announced in the 1998 provincial budget. These tax cuts only ply in municipalities where the commercial or industrial education tax rate is higher than the provincial aver qe of 3.3 per cent. Speit, fic lculations are required for restructured municipalities and other special cases. These will be the subct o another regulation expected soon. Foretailp and further assistance, the Ministry of Finance is in the process of developing guidelines and a sprsheet model to allow municipalities to work through the calculations. This will be available from the Minry of Finance's website at http://www.gov.on.ca/FIN/hmpage_html by January 19. Calculations inistry of Municipal Affairs & Housing is updating the On-line Property Taxation Analysis (OPTA) re package to calculate capped tax amounts, and revised taxes payable on a property -by -property This will allow municipalities to re -issue final 1998 tax bills, or to include an adjustment amount on 49999 tax notices. Municipalities must, however, enter their 1998 tax rate information into the OPTA i Tore these calculations can be performed. 5/ B1/Z8/99 11:35:07 EST; ASSOCIATION OF?-> Clerk - Town of Till Page 803 JAK-19-99 TUE 05:54 PM AK0 FAX NO. 4169716191 P. 02 Member Communication Alert Im octimt Bill 79 Re ulaliOns Released: Calculation of Capped PrOPCTIY Taxes The O TA system will produce a one -page summary for each affected property, showing initial 1998 taxes payab , and the adjusted, or capped amounts, together with a revised 1998 amount payable. It is expected that t OPTA system will not be operational to produce these summaries until after January 31. The Ministry of finance Is in the process of drafting a regulation that will require that this one -page Sam I ary form an attachment that must be Included with municipal tax notices mailed in 1999. Paym 11 In ieu As promised by Finance Minister Ernie Eves at AMO's Annual conference, a second regulation O.Reg. fi199, was si ned that allows payments in lieu of taxes to be made for property that is tenanted by the provincial gover ment or a Crown agency in non-taxable buildings such as those leased from a municipality or the ceder I government. The Government estimates that municipalities will receive$25 million annually as a result. E I Ion of Deadline to file occupancy Status Reports for Commercial Tenancies The inister of Finance passed a regulation on January 13,1999 (O.Reg 8/99) which extends the deadline by w ch businesses must notify the Ministry of Finance of the number of vacant units within taxable prope ties. The previous deadline was October 31, 1998. The revised deadline is February 28, 1999. Wher no vacancy status report is filed by the given deadline, the property is returned on the assessment roll for th follgwing year as fully occupied (i.e. subject to full commercial rates on all units). By extending this death a tolFebruary 1999, commercial landlords who did not previously submit vacancy status reports by the deadii e c n now do so. Municipalities, as a result, stand to lose a large percentage of these anticipated incresesn 1999 tax revenue. Impoi tant Requirement for Municipalities to Pass Bylaws Adopting Capping Provisions The c irrent deadline by which municipalities must pass by-laws opting for either the capping provisions of Bill 79, ot to adopt earlier tax mitigation measures (phase -in, tiered rates) is January 3111 1999. It is important to no a that all municipalities must pass by-laws by this deadline in order to implement the capping provl ions of Bill 79 that will allow tax increases to be financed by using clawbacks from property own s expecting decreases (Division B provisions in O.Reg.7199). The default provision (Division C) does of allow caps to be recovered from clawbacks. Reg lat n 7/99 is available from the Ministry of Finance's website at htw w.gov.on.calFtWengiishlneweng.htm, or to subscribers to AMO's Municom site. AMO will advise mem ers f additional regulations as they become available. This information is available through AMO's MUNICOM network at www.municom.com. For more Information contact: Casey Brendon, Policy Advisor, Policy and Government Relations at 416 971-9856 ext. 341 or email: ebrendon@amo.municom.com Transmisslon problems: Carleen Newland at 416-971-9856 ext. 300 58 7f'11%gum►11.� r'1r T�t..i_ yl�'..:�� H••.:.1t.•• Q, f Loa- c{�� 0 fL=Vjz The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor TILLSONBURG, Ontario N4G 5A7 Attention_: _Dave.Morris and Council Members Dear Sirs: Gyulveszi Properties Inc. c/o Michael G. Szorenyi 25 Harvey Street Tillsonburg, Ontario N4G 3J7 January 18th, 1999 Re: New Parking By -Law - Hale Street Parking- Lots Tillsonbur_q.,. Ontario I am writing this letter on behalf of Gyulveszi Properties Inc., the owner of the A & P and Shoppers Drug Mart lands. On receiving the January 13th, 1999 Tillsonburg News, we read notice of the new parking by-law, changing the Hale Street parking lot into two hour parking. We are very concerned about the loss of the eight hour parking for the following reasons: 1. Employees of the A & P and Shoppers Drug Mart presently park in the Hale Street parking lot in order to keep the A & P/Shoppers parking lot open for customers. Unfortunately, some mall employees park in the A & P/Shoppers parking lot. With the loss of the eight hour parking on Hale Street, our tenants' employees will also have to park in this parking lot, leaving no room for customers. 2. There is a distinct lack of eight hour parking on the west side of Broadway. The east side of Broadway on the other hand has plenty of eight hour parking and the Town should perhaps consider the disadvantage businesses on the west side of Broadway experience. 3. It would appear that the difficulties the area residents have in parking on Hale Street could easily be rectified by issuing the special permits now. If the Hale Street parking lot is two hours, how will it assist the residents? 4. The change to two hours would seem to result in an under -utilization of the lot. As this lot is not convenient 59 2 - for A & P/Shoppers and as Kelsey's peak demands would be at supper time after most area businesses have closed, we cannot understand the conversion of a lot which is presently being utilized by employees into a lot that would not be fully utilized by anyone. 5. The proposal does not appear to address the municipal parking lot to the west of Kelseys. Prior to a third reading, we would appreciate an opportunity to voice our concerns. Yours very truly, GY Pe MI 60 TAWP . - L HOTEL 23.9 BROADh1A Y STREET TILL„ SONTURG, ONTARIO January 18, 1999 Town of Tillsonburg Dear Mr. B. Bartlett Attending your office January 12. 1999, I objected to the two hour parking on Hale Street. A number of years ago. I was approached by the Town of Tillsonburg - Re: closing Hale Street at Broadway Street. At that time I was told that I did not object, I would have the use of the proposed parking lot from Fox Alley - east to Broadway. I agreed to this, and the Town agreed to pass a bylaw where as my tenents would not be fined or ticketed for all day parking in that small area. With the addition of the Tillsonburg Information Train, seven parking spots were also lost. I always have and still pay my parking taxes. I think it would be very unfair to have my customers fined. Thank you for your attention Yours truly Walter W. Gordon Imperial Hotel 61 Resolution No: Date: January 25, 1999 Moved By: Seconded By: WHEREAS the Municipal Act, RSO 1990, does not allow regulate or prohibit a class or breed of dog nor is provision in the Act pertaining to dogs that allows prohibition or regulation of dogs by breed or class; municipalities to there a specific for the AND WHEREAS the rottweiler and the pitbull are breeds of dogs that have shown a propensity to be -vicious and attack endangering both human life and that of other animals in the Town of Tillsonburg and elsewhere in the Province of Ontario; AND WHEREAS the Town of Tillsonburg has completed significant research and review of animal control and has enacted by-laws to regulate and restrict the acts of vicious dogs in the Town of Tillsonburg; AND WHEREAS the Town of Tillsonburg has previously deemed it expedient and necessary to have specific legislation permitting the Town to regulate and restrict the rottweiller and pitbull dog in the Town of Tillsonburg through the Municipal Act, RSO 1990; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has petitioned the Legislative Assembly of Ontario in a letter dated May 1, 1998 with over 1,000 signatures through their Local Member of Provincial Parliament, Mr. Toby Barrett - Norfolk and Tillsonburg; AND WHEREAS another vicious attack has occurred on a boy in West Williams Township near Strathroy Ontario by two rottweiller dogs leaving the child in critical condition; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Tillsonburg request the Minister of Municipal Affairs for the Province of Ontario to enact the permissive legislation to restrict and regulate both the rottweiler and pitbull dog through the Municipal Act, RSO 1990, that will allow the Town of Tillsonburg and all municipalities across the Province of Ontario to address the significant danger posed to citizens prior to a vicious attack by those dogs. AND FURTHER THAT this resolution be sent to the Premier of Ontario, Minister of Municipal Affairs and the local Member of Provincial Parliament, Mr. Toby Barrett - Norfolk and Tillsonburg, West Williams Township and all municipalities across the Province of Ontario. 62 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2 88 A BY-LAW to execute an Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg & District Real Estate Board for real estate services including the sale of town owned lands, appraisals, and other services. WHEREAS it is expedient for the Council of the Corporation of the Town of Tillsonburg to enter into an Agreement with the Tillsonburg & District Real Estate Board for real estate services, including the sale of town owned lands, appraisals, and other services. �! BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: i l . THAT the Agreement with the Tillsonburg & District Real Estate Board for real estate j services, including the sale of town owned lands, appraisals, and other services, be I, approved. i) 2. THAT the Clerk -Administrator and Mayor be authorized to sign the Agreement attached as Schedule "A" hereto. 1 3. THAT Schedule "A" be part of this By -Law. 9 .'l. READ a first, second and third time, passed, signed, sealed and numbered ��,j This 25th day of januarr, 1999. Mayor Clerk -Administrator THIS AGREEMENT is made the day of , 1999. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter referred to as the CORPORATION. -AND— THE TILLSONBURG & DISTRICT REAL ESTATE BOARD, Hereinafter referred to as the BOARD. THE PARTIES HERETO AGREE AS FOLLOWS: I. THE CORPORATION agrees to: a) submit to the BOARD, a list of all available properties, with full details, on an on- going basis with the information updated frequently; b) pay a commission as set out on Appendix "A" hereto, on completion of any sale of lands, where the purchaser was introduced to and registered with the Economic Development Officer prior to the involvement of the Corporation in such transaction. c) Pay an appraisal fee at the rates generally prevailing at the time. d) Pay a fee for professional services, undertaken at the request of Council, upon submission of an invoice. ?. The BOARD agrees to: a) receive information from the Corporation on all available properties for sale and distribute the information to the Board's members. b) provide the Corporation with information on all industrial/commercial properties listed through the Board's Multiple Listing Service system, such information being updated on an ongoing basis. 3. The CORPORATION shall require any REAL ESTATE AGENT who is a registered member of the BOARD to: a) register his client with the Economic Development Officer by: i ) providing a letter of intent from such client, or; ii) by introducing such client personally to the Economic Development Officer. b) co-operate fully with the Economic Development Officer, and keep him fully informed of all contacts, presentations and negotiations with any and all prospective purchasers; c) re -register his client if the sale has not been completed within one year from the date of the original registration, d) acknowledge that the Council of the Corporation must approve the client as to land use and type of industry, if an industrial client. 64 GENERAL CONDITIONS: a) The dates whereby offers are open for acceptance and the closing dates are generally established by the Economic Development Officer to facilitate a thorough review by the Development/Culture Committee and/or Council. It shall be the general policy to make an Offer to Purchase (or Offer to Sell) open for acceptance until forty-eight (48) hours (two days) following the Council meeting where the offer is presented. b) Agreements of Purchase and Sale shall be prepared by the Corporation's Solicitor, upon receipt of a letter of instruction from the Economic Development Officer. When an offer is received through the office of a real estate agent the standard form of the Ontario Real Estate Association may be used; provided, however, that such an offer includes the Corporation's usual terms and conditions; c) It is understood that the Corporation is a municipal Corporation and all conveyances must be approved by by-law. Five (5) original copies of an Agreement of Purchase and Sale shall be prepared. Upon execution, the first original copy will remain with the Clerk's office for attachment to the original by- law; the second copy will be forwarded to the purchaser; the third copy will be forwarded to the Corporation's solicitor; the fourth copy to the purchaser's solicitor; and, the fifth copy will be held on file in the Economic Development Department; d) Selling Price of Corporation Owned Land The selling price of Corporation owned land is subject to approval by Council. The price may vary from time to time, location to location, to reflect Council policy; increased costs such as services, grading and excavation, legal and selling costs. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE TOWN OF TILLSONBURG MAYOR CLERK -ADMINISTRATOR THE TILLSONBURG & DISTRICT REAL ESTATE BOARD PRESIDENT 65 a) Land Sales: APPENDIX "A" FEE SCHEDULE To Agent i) Transactions up to $100,000 5% ii) Transactions up to $500,000 3% iii) Over $500,000 2% b) Referral Fee: If, in the opinion of the Development/Culture Committee and the Economic Development Officer, a purchaser has been referred to the Corporation by a realtor who prefers that the Corporation work with the client, this client shall be registered by the Economic Development Officer. In the event of a sale, the Corporation will pay the referral agent a one per cent (1 %) Referral Fee. nb