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10022014 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday February 10, 2014 6:00PM Council Chambers Chair: John Lessif Review Access: e Public 0 Private MINUTES Town of Tillsonburg Council Meeting on Monday February 10,2014 06:00PM Council Chambers ' . . · ... -.-.. . Chair: John Lessif Orders ofthe Day: CALL TO ORDER The meeting was called to order at 6:10 pm. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of February 10, 2014, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session, to consider: 021014 Page 1 1.111'0-I .__• I•I"V'-"\,111:::1 '"-'' \,II"V -"VIIIIIII\,\,"V"V ._,t-'"VII _.._,._.11"VII Matters relating to a advice that is subject to solicitor-client privilege (Oakpark Subdivision); Matters in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Hydro Board). "Carried" MOMENT OF REFLECTION DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of January 27, 2014 C:'l Resolution No. 3: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT the Minutes of the Council Meeting of January 27,2014 be approved. "Carried" DELEGATIONS-postponed until 6:50p.m. 1. Delegation-United Way presentation -Feb 10 2013 IZ'l Presented By: Rick Cox, Director of PRS & Kelly Gilson, Executive Director United Way Presentation to Town by United Way grant cheque for F.A.R.E. program. Council suggest that this be part of the Unity Way's communication strategies. People interested to contact the Community Centre Manager, Janet McCurdy to obtain further information and an application for the program. Individuals can donate to the United Way at any time for this program or a variety of other programs. INFORMATION ITEMS 2. CASPO 2014-02 Conservation Ontario White Paper [j 3. Ontario Ministry of Transportation -Hwy 3 and Vienna Road Intersection Improvements [ill 4. Penetanguishene's Support of the New OPP Billing Model 012914 [8 5. OBIAA advocates for Main Street Businesses -Media Release -Virginia Armstrong -Director of the OBIAA. 6;1 Page 2 '"" • .._, _ _,, ···~--~"'V ,_., ~··~ ._,_.,, .. ,.,~~_._. --r---·· ._,_. ..... ,_. .. 6. AMO Correspondence -Recent Developments in Joint and Several Liability-Municipal Action Needed AMO Communications. pdf Council has agreed to send out the correspondence as requested by AMO and a copy will be also sent to MPP Ernie Hardeman. 7. AMO Correspondence-OPP Billing Steering Committee AMO Corr. OPP Billing Steering Committee.pdf CHIEF ADMINISTRATIVE OFFICER 8. CAO 14-03 Consent to Non-Disturbance Agreement-Bulk Barn bb Presented By: David Calder, CAO Resolution No. 4: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk Barn; AND THAT a By-Law to authorize the Mayor and Clerk to sign the Non-Disturbance Agreement- Bulk Barn be brought forward for Council consideration. "Carried" DEVELOPMENT & COMMUNICATIONS 9. DCS 14-10 Request for Expressions of Interest-253 Broadway Property I] Presented By: Cephas Panschow, Development Commissioner Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres THAT Council receive Report DCS 14-10 Request for Expressions of Interest-253 Broadway Property; AND THAT staff be authorized to release the Request for Expressions of Interest for the 253 Broadway Property. "Carried" FIRE & RESCUE SERVICES Page 3 10. FRS 14-02 Water Ice Rescue Program Implementation D Presented By: Jeff Smith, Fire Chief Resolution No. 6: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Report FRS 14-02 Water Ice Rescue Program Implementation as information . "Carried" OPERATIONS 11. OPS14-04 Noise By-Law Exemption-Highway #3 and Vienna Road Intersection Improvement [J Presented By: Steve Lund, Director of Operations Resolution No. 7: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive report OPS 14-04 AND THATt a variance to Noise By-Law 3002 be granted for night construction to complete the median curb and surface course paving for the proposed roundabout at the intersection of Highway #3 and Vienna Road. "Carried" DELEGATION-United Way Presentation was presented at this time. COMMITTEES Resolution: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council waive Section 4.3.5 of Procedural By-Law 3411, to add a grant request from the Cultural Advisory Committee in order for Council to hear the request due to time restraints. "Carried" 12. Cultural Advisory Committee request for funds -,: 1ti Cultural Committee.pdf Cultural Advisory Committee Application-Family Day 2014.pdf The Tillsonburg Family Day Committee to provide Council with a report on the overall outcome of the day which includes financial reporting. Page 4 Resolution: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT Council receive Cultural Advisory Committee-Award of Cultural Funds; AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward events on Tillsonburg Family Day (February 17, 2014) including a free skate and swim. "Carried" BY-LAWS 13. By-Laws for the Meeting of February 10, 2014 By-Law 3795 to amend 3726 Parking Levy. pdf By-Law 3795, Schedule 'A'.pdf Resolution No. 8: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands within the Business Improvement Area (BIA) By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre Property Inc. C) By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014. G], be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 9: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands within the Business Improvement Area (BIA); By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillson burg Centre Property Inc.; By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014. be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 7:39p.m. "Carried" Page 5 '~"' w_.' --· ,~,. ..... ...., .. ,,,\:ll ,..,, .. ,,.., ..._..,.,,..,,._._..,.., ..._t"'..,'' ._.., .... ,,...,., Approval Received: (0 of 1) Donna Wilsonrrillsonburg (Tuesday February 11, 2014 10:37 AM) Town of Tillsonburg Page 6 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MIIINUifE'S Towill of Tillson bur€) Council Meeting on Monday Januaf1Y 27, 2014 06:00PM Coumdl Charnbelis Chaili: Joltln lessif Orders ofl the Day: CALL TO ORDER The meeting was called to order at 6:00pm. ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief Amber Zimmer, Deputy Clerk Regrets: Councillor Mel Getty MAYOR'S OPENING REMARKS Mayor commented on the current snow situation in Town and asked the Director of Operations to comment on the snow removal process. ADOPTION OF AGENDA Resolution· No. 1 : Moved By: Councillor Rosehart Seconded By: Councillor Stephenson THAT the Agenda as prepared for the Council Meeting of January 27, 2014, be adopted. 012714 Page 1 MINUTES: Meeting for the Committee "Open Council" Presented By: Matt Versteegh, Field and Flock Farms Ltd. ~ 'm Letter -Request_for _adjustment_ to_ arable _Ia nds. pdf Analysis_of_Airport_Arable_Lands.pdf ~ "§) Presentation-Request_ for_ adjustment_ to_ arable _lands. ppt Item deferred to a future meeting PUBLIC MEETINGS 4. Committee of Adjustment Application A 01-14, 14 Colin Ave. [g) Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO 2014-21. Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. Council passed the following resolution: Resolution No. 4: Moved By: Councillor Klein Seconded By: Deputy Mayor Renaud THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 01/14, submitted by Performance Communities Realty Inc. for lands described as Lot 8, Plan 41 M-286 in the Town of Tillson burg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Lot Coverage, to increase the maximum permitted lot coverage from 40% to 42% to facilitate the construction of a single detached dwelling, Subject to the following conditions: i) A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. "Carried" INFORMATION ITEMS 5. Notice of Poll -OGRA Board of Directors ~ 6. Ontario Provincial Police News Portal -Lock it or Lose it [Yl 7. Union Gas-2014 Rates Application !Dl 8. Private Member's Resolution-Joint and Several Liability ~ 9. Ontario Municipal Board Decision-B13-19-7, Leadsom ~ Staff to follow-up on previous planning resolution passed in December regarding the City of Woodstock's request for Land Division matters to be heard at the lower tier level .. CHIEF ADMINISTRATIVE OFFICER Page 3 MINUTES: Meeting for the Committee "Open Council" AND THAT Staff bring forward a by-law amendment to authorize Staff to deal with exemptions and that Council be notified. "Carried" DEVELOPMENT & COMMUNICATIONS 13. DCS 14-08, Industrial Lands Agricultural Tender ~ Presented By: Development Commissioner Resolution No. 8: Moved By: Councillor Rosehart Seconded By: Councillor Stephenson THAT Council receive Report DCS 14-08, Industrial Lands Agricultural Tender as information. "Carried" FINANCE 14. FIN 14-05, Photocopier RFP Results I1J) Presented By: Director of Finance Resolution No. 9: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives report FIN 14-05, Photocopier RFP Results; AND THAT the supply of photocopiers be placed with Toshiba of Canada Limited; AND THAT By-Law 3792 be brought forward for Council consideration. "Carried" Mayor Lessif called a recess at 7:17pm Council resumed at 7:25pm 15. 2014 Business Plans and Budget Presented By: Director of Finance 'm 2014 Business Plan and Budget 012714.pptx 2014 Business Plan and Budget Highlights 012714.pdf ~ ~ 2014 budget guide 012714.pdf 2014 Capital Project List Summary.pdf Staff to provide the breakdown of financial items that make up the Parks and Recreation Services portion of the net levy cost per household. Staff to create a budget reserve continuity schedule for the 2015 budget. Resolution No. 10: Moved By: Councillor Beres Seconded By: Councillor Stephenson THAT the 2014 Business Plans and Budget presentation be received as information; AND THAT the 2014 Business Plans and Budget in the amount of $12,761,037 be raised from taxation; AND THAT $100,000 be directed to reserves; AND THAT a by-law to adopt the 2014 Business Plans and Budget be brought forward for Council Page 5 MINUTES: Meeting for the Committee "Open Council" 21. LPRCA Minutes iY) NOTICE OF MOTION BY-LAWS · 22. By-Laws for the Meeting of January 27, 2013 -m -m By-Law 3794.pdf By-Law 3794 Schedule A. pdf By-Law 3794 Schedule B.pdf Resolution No. 13: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3791, to adopt a Schedule of Fees for certain Municipal applications, service and permits, !g) By-Law 3792, to Authorize an Agreement Between the Corporation of the Town ofTillsonburg and Toshiba of Canada Limited, IYl By-Law 3794, to adopt the estimated expenditure for the year 2014, and By-Law 3793, to confirm the proceedings of Council at its meetings held on the 27th day of January, 2014, 1Yl be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No. 14: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3791, to adopt a Schedule of Fees for certain Municipal applications, service and permits, By-Law 3792, to Authorize an Agreement Between the Corporation of the Town of Tillson burg and Toshiba of Canada Limited, By-Law 3794, to adopt the estimated expenditure for the year 2014, and By-Law 3793, to confirm the proceedings of Council at its meetings held on the 27th day of January, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:30pm. "Carried" Approval Received: (1 of 1) Amber Zimmer/Tillsonburg (Wednesday January 29, 2014 03:28 PM) Town ofTillsonburg Page 7 ta U} c: cu 0 u c: -c ·-+-' GJ • CD m w ·-+-' CIJ ... • "' C» a:: '-·-GJ "' u a.· CIJ en CIJ x <C LL. <( ~ w U.: F.A.R·.E. Goal # 2 To ensure that. the client's financial situation i·s kept confidential. Thank You to United Way Oxford United WaY] Oxford ) li·4ordCoun~ r ~~owing stronger. .. together Report No: CASPO 2014-02 COMMUNITY AND STRATEGIC PLANNING Council Date: January 22, 2014 To: Warden and Members of County Council From: Director, Community and Strategic Planning Conservation Ontario White Paper - Watershed Management Futures for Ontario RECOMMENDATIONS 1. That County Council endorses Report No. CASPO 2014-02; 2. And further, that Report No. CASPO 2014-02 be forwarded to Conservation Ontario, the Upper Thames River Conservation Authority, the Grand River Conservation Authority, Long Point Region Conservation, the Catfish Creek Conservation Authority, the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing for their consideration; 3. And further, that Report No. CASPO 2014-02 be forwarded to the Area Municipalities for information. REPORT HIGHLIGHTS • Conservation Ontario, which represents Ontario's 36 Conservation Authorities, has developed a whitepaper entitled 'Watershed Management Futures for Ontario' to stimulate discussion between Conservation Authorities and the Province regarding watershed management options in Ontario • This report provides an overview of the whitepaper and outlines the County's proposed response to the issues set out in the document. • Initial response to the whitepaper has been received by Conservation Ontario from the Association of Municipalities of Ontario (AMO}, the Regional Planning Commissioners and Regional Public Works Commissioners of Ontario (RPCO and RPWCO , respectively), indicating issues regarding the process and proposals outlined in the document. • This report also seeks Council direction to forward the County's comments to the Area Municipalities and the various Conservation Authorities with jurisdiction in Oxford County. Implementation Points The Conservation Ontario 2012 Whitepaper entitled 'Watershed Management Futures for Ontario' has been developed to facilitate discussion between Ontario's Conservation Authorities (CA) and the Provincial government regarding the role of CAs in watershed management in Ontario. The CAs and the province have engaged in only preliminary discussions to date and Page 1 of 6 Comments Report No: CASPO 2014-02 COMMUNITY AND STRATEGIC PLANNING Council Date: January 22, 2014 The whitepaper identifies five (5) key issues that Conservation Ontario considers to be fundamental to the discussion regarding the role of CAs going forward. 1. Confirmation of the Conservation Authority (CA) Mandate The whitepaper proposes that the current CA mandate and the 'integrated watershed management' approach be confirmed by the Province as a framework for discussions with key Ministries. 2. Enhancement of CA-Provincial Ministry Relationships The whitepaper proposes that CAs would assume the role of the Ministry of Natural Resources (MNR) in natural heritage protection. Specifically, the CAs would obtain delegated responsibility from the MNR for natural heritage implementation under the Planning Act. It is also proposed that CAs have a role with other Provincial ministries in other areas such as source water protection. 3. Revamped CA Governance Model The whitepaper document proposes that the governance model be changed to reduce the dominance of municipal politicians on CA Boards, providing more opportunities for other watershed stakeholders. 4. Development of a sustainable funding formula It is proposed that a new cost-sharing formula be developed that takes into account the local 'ability to pay' on a permanent basis, as opposed to project funding. It is also proposed that CA infrastructure be incorporated into the pool of municipally-owned infrastructure or maintained within an appropriate asset management framework. 5. Improved Accountability Framework The whitepaper suggests that actions are necessary to restore the MNR's ability to hold CAs accountable and to empower other partners and stakeholders through new integrated watershed management decision-making processes. Attachment No. 2 to this report (Conservation Ontario's status update regarding the Whitepaper) provides an overview of the municipal sector response to the whitepaper as of November 2013, as voiced through AMO and both the Regional Planning and Public Works Commissioners of Ontario. The items as outlined in the update document generally reflect the concerns of County staff with respect to the proposals set out in the whitepaper. Areas of particular concern from a municipal perspective are as follows: Enhancement of CA Roles and Responsibilities The whitepaper proposes the delegation of MNR responsibilities for natural heritage planning to the CAs, together with the related expansion of relationships with other Provincial ministries (i.e. Municipal Affairs and Housing, Environment, Agriculture & Food and Rural Affairs). Such Page 3 of 6 Report No: CASPO 2014-02 COMMUNITY AND STRATEGIC PLANNING Council Date: January 22, 2014 CA operations, this discussion should include municipalities with respect to determining appropriate funding models, as well as ensuring that any funding models align local CA priorities with municipal growth mandates, servicing plans and other local priorities. The whitepaper also speaks to including CA infrastructure within the pool of municipally-owned assets to assist in ensuring that flood and erosion infrastructure needs are met. This could prove to be a significant challenge for municipalities that are currently experiencing deficits in the face of infrastructure maintenance and renewal. Regarding the issue of governance, the whitepaper suggests modifying the composition of CA Boards in a manner that creates greater balance between the interests of elected officials and other stakeholders. The document makes the statement that some members of the environmental, non-governmental organization community are of the opinion that a CA Board comprised of municipal councillors tends to favour development, while a citizen board will have maintain a more environment-friendly position. Any proposal to reduce the governance role of municipal Councils while municipalities remain a primary source of CA program funding would be challenging. The governance model for CA Boards is best evaluated within the context of the funding model and the accountability framework. All three components must work together and consider the local context in which the CAs function and serve. Conclusions Oxford County generally supports the CA role in watershed planning in Ontario and recognizes the important role the CAs play in providing scientific analysis and advice to support municipal decisions with respect to natural heritage features and natural hazards and in the management of environmental resources on a watershed basis. The County has developed excellent relationships with the various CAs having jurisdiction in Oxford and the efforts of all parties have resulted in sound watershed management and a collaborative working environment in which the responsibilities and objectives of both the CAs and the municipalities are recognized. As such, the County would generally support the continuation and on-going refinement of these current working relationships. In-keeping with the responses that have been received by Conservation Ontario from the municipal sector (and outlined in Attachment No. 2), the County of Oxford strongly encourages inclusive discussions that consider the interests of Municipalities, the Province and Conservation Authorities. Staff will continue to monitor the deliberations of Conservation Ontario and will keep Council apprised of any further developments regarding outcomes from the whitepaper submission. Page 5 of 6 Conservation ONTARIO Natural Champions ATTACHMENT NO . 1 REPORT NO. CASPO 201 4-02 Watershed Management Futures for Ontario Conservation Ontario Whitepaper October 3, 2012 Introduction This whitepaper, entitled Watershed Management Futures for Ontario has been developed by Conservation Ontario1 to stimulate a discussion between Conservation Authorities (CA's) and the Province on options for a renewed watershed management partnership. It responds to issues and concerns that have been raised by partners, including municipalities and Ministries, non-government organizations (NGOs), the development industry, landowners, and CAs themselves. The call for greater government efficiency and effectiveness from the Commission on the Reform of Ontario's Public Services (2012) is spurring a modernization and transformational change across the Ontario provincial government. Against this backdrop the fiscal imperative that is driving the modernization and transformation agenda presents a prime opportunity for those working in the environmental sector to leverage resources and streamline operations in order to meet growing environmental challenges within a more constrained economic model. Given our daily reliance on natural resources in Ontario, it is critical we build resilient local watersheds in order to ensure healthy people and a reliable economy. , I.' forests, wetlands, water, soil, plants, animals Challenges to Ontario's Environment The physical jurisdiction of the 36 Conservation Authorities is limited to approximately ten percent of Ontario's vast geography, yet more than 90% of Ontario's population-roughly 12 million people -lives in this area. In addition to the rapidly growing population, this area contains most of Ontario's agricultural lands (close to 35 percent of land area), supporting one of the province's leading industries, contributing more than $33 billion to the economy every year. The importance of agriculture coupled with the rapid rate of urban development creates significant pressures on Ontario's environment, and seriously challenges the health and security of our future water and land resources critical to the environment, economy and, most important, the health of Ontario's residents. 1 Conservation Ontario represents Ontario's 36 Conservation Authorities, local watershed management agencies that deliver natural resource management programs to protect water and other related resources. Watershed Management Futures for Ontario (Conservation Ontario 2012} The Province has documented these conditions in many policy papers and action plans, often calling for a more comprehensive approach to deal with these complex problems and detailing numerous specific actions that could be taken on their own, or in partnership. Two examples are the 2011 provincial climate change adaptation plan and strategy, and more recently the Province's 2012 proposed Great Lakes Act and Strategy: • Climate Ready: Ontario's Adaptation Plan and Strategy 2011-2014, recognized the impacts of climate change, particularly with regard to temperatures and extreme weather conditions and highlighted areas of special concern: human health, infrastructure and personal property, far north, agriculture, forestry, wildlife and biodiversity, water resources, and tourism and recreation. Around a vision that strives to minimize risks to health and safety, the environment and the economy, the report developed five goals with 37 specific actions. • Great Lakes Protection Act and Ontario's Draft Great Lakes Strategy (2012), suggests that the current problems around the Great Lakes are overwhelming some of the past successes in addressing environmental pressures. According to this report, the "cumulative impacts of many pressures are hurting the Great Lakes' ability to naturally adapt to changes and stresses"2• The report warns that the Great Lakes are at a 'tipping point of irreversible decline13• Similar to the Climate Ready report, the Great Lakes Strategy addresses a broad range of issues across sectors with 6 goals and over 100 actions. As Ontario's environmental problems become more complex, there are fewer resources to address them. The Drummond Report recognized a shifting economy with a much slower rate of growth, therefore calling for significant transformation within the provincial government in order to accomplish two objectives: decrease/eliminate the deficit over the next few years, and change the way government spends in order to spend less more strategically. Mr. Drummond himself pointed out that "action must begin very soon"4• The Drummond Report suggests that a new 'paradigm' needs to be developed among the various agencies working in Ontario's environmental management sector5• Conservation Authorities have long advocated for reforms to this complicated system and support an integrated approach which looks at the watershed as a system involving natural resources, people, and the economy as elements that need to be taken into account in developing solutions. An integrated watershed approach offers a unique opportunity for the province to leverage local expertise and resources. (see An Integrated Approach for Ontario's Watersheds, pg 4) With limited strategic investments and changes to the way Conservation Authorities themselves operate, there is potential for a new relationship to be developed based on the solid successes of our current joint work with the Province. Maintaining the status quo and continuing on the current path will result in expensive and serious consequences. The current environment offers opportunities. It is a time to be bold, to think 2 Ontario's Draft Great Lakes Strategy, pg 6 3 1BID, pg 5 4 Commission on the Reform of Ontario's Public Services-Public Services for Ontarians: A Path to Sustainability and Excellence, pg vii 5 IBID, pg 335 3 Watershed Management Futures far Ontario (Conservation Ontario 2012) • MNR restructuring of field operations that impact Conservation Authority business areas such as stewardship, natural heritage, etc. and the need for operational, science-based delivery of provincial policies and science. • Implementation of hazard management responsibilities; should they be cost-shared or the sole responsibility of the municipal partners augmented by potential Federal investments in infrastructure, or in specific flood damage reduction programs. • Support for a Conservation Authority role in implementation of Climate Ready action items related to CA business such as the Low Water Response Program. • MNR governance and accountability role under the Conservation Authorities Act given the shift of responsibility for Conservation Authority watershed management activities to the municipal side of the partnership. Ministry of Environment The Conservation Ontario/MOE relationship has changed significantly over the last decade as a result of the Ontario Drinking Water Source Protection Program; Conservation Authorities now have a variety of business arrangements with the Ministry of the Environment. The impending transition of the source protection program from planning to implementation, as well as the potentially significant role of Conservation Authorities in the draft Great Lakes Strategy, make this an appropriate time to open a dialogue with the Ministry of the Environment on our collective future. Specific issues that require discussion and are alluded to in the draft Great Lakes Strategy include: 5 • The transition of the Source Protection Program to implementation will shift the role of Conservation Authorities from plan development to support for plan implementation. Anticipating funding from MOE for plan implementation, the transition also means that source protection moves from being a special project to part of ongoing Conservation Authority business. This will require a restructuring of the MOE /CA relationship. • The proposed Great Lakes Protection Act and draft Great Lakes Strategy, which MOE leads, signal a potentially significant role for Conservation Authorities in implementation of Great Lakes programs. This will require the development of a new business relationship with MOE and potentially also the Ministry of Natural Resources, depending on the respective roles of each Ministry. • Conservation Authorities and MOE have a long term relationship with the Ministry's Environmental Monitoring and Reporting Branch (EMRB) to implement the Provincial Water Quality Monitoring Network. This relationship has expanded in recent years to include Provincial Groundwater Monitoring Network, the Ontario Benthos Biomonitoring Network, and more recently, climate change monitoring. Conservation Ontario has also led a number of initiatives with EMRB to undertake provincial scale analysis and improve accessibility to MOE data. Taken collectively these CA/MOE partnerships now form the core of water monitoring in Ontario. • Climate Ready: Ontario's Adaptation and Action Strategy, the Province's climate change adaptation strategy, which is being led by MOE, contains a number of areas that could affect Conservation Authority businesses and the CA/MOE relationship. ) ) Watershed Management Futures for Ontario (Conservation Ontario 2012) Broad Legislative Mandate The role of Conservation Authorities and their relationship to various partners including member municipalities and the provincial government derives primarily from their enabling legislation, the Conservation Authorities Act of Ontario. This legislation provides a broad mandate and suite of powers which empowers Conservation Authorities to largely define their own programs, set priorities in collaboration with member municipalities, government ministries and departments, organizations and individuals, and enter into partnerships. It is important to recognize that Conservation Authorities have multiple business relationships with multiple ministries, agencies, municipalities and others, depending upon circumstances, needs, shared goals and opportunities. In addition to the Conservation Authorities Act, other provincial legislation can directly affect Conservation Authority activity including the Planning Act, the Clean Water Act, the Municipal Act, and the Environmental Assessment Act. The broad mandate of Conservation Authorities, coupled with the complex array of provincial and federal statutes and corresponding Ministries, departments and agencies, has not been well understood by many players and, in fact, has given rise to criticism that Conservation Authorities operate outside of or beyond their scope and mandate. (See Conservation Authorities Operating in Ontario Today, pg 8) These perceptions need to be addressed going forward to enhance the legitimacy of the Conservation Authorities and to provide clear lines of responsibility and clear lines of accountability. The Ministry of Natural Resources' (May 2010) Policies and Procedures for Conservation Authority Roles and Responsibilities for Plan Review and Permitting which was developed through a multi-stakeholder and multi-ministry process is a good start. Declining provincial funding for provincial priorities The original vision of the Legislature in passing the Conservation Authorities Act was one of a shared provincial/municipal responsibility for managing natural resources on a watershed basis. This "partnership" has undergone many changes over time and to some extent simply reflects changing philosophy of government in terms of its role in society and its relationship to other levels of government. Conservation Authorities Operating in Ontario Today The Conservation Authorities' program has been a success story by any number of measures, and yet there has been a history of controversy and concern that continues to this day. It is possible to ascribe much of this concern to power sharing-the degree to which a Conservation Authority's power and influence is seen to impact the interests of 1 stakeholders, including its member municipalities; developers and landowners; and environmentalists; and the scope of their "mandate" as prescribed under Section 20 of the Conservation Authorities Act. The impacts are manifested in a number of ways, from the power to "levy" the member municipalities to pay for programs and services; to the Conservation Authority role in the land use planning and development process, (largely a municipal sphere); to the "Development, Interference and Alteration" regulation; to their limited ability to expropriate land for the construction of public works such as dams, dykes and channels. While Conservation Authority programs and projects are undertaken "for the public good" the extent to which other interests are perceived to be impacted ' negatively gives rise to arguments of too much power and lack of accountability. ------ In the 1990's Ontario and its municipalities underwent a very thorough exercise in "disentanglement" that attempted to rationalize roles and responsibilities while increasing accountability of various levels of government by improving the link between taxation and program responsibility. For example, the province would fund major social programs including health care and education from its broad (and 7 Watershed Management Futures for Ontario (Conservation Ontario 2012) consistent with" matters of provincial interest. In some cases, such as flood and hazard policy, there is a very mature and robust policy in place with supportive technical guidelines and the responsibility has been delegated to the local Conservation Authority to represent provincial interests. In other cases, such as natural heritage systems, the policy is less robust, there is no provincial standard and limited provincial guidance has only become available recently. Many Conservation Authorities have often been invited to fill the gap by their local municipalities who recognize that the Conservation Authority has the capacity and expertise. As part of its overall watershed plan, some Conservation Authorities have identified the linkages between the natural heritage system, hazard lands, water resources, and so on. In these cases, the Conservation Authority has taken the initiative to "market" a natural heritage system to the municipalities which they are free to incorporate, modify or reject through their Official Plan amendment process. It is this interface between natural heritage systems planning and land use planning where some municipalities, the development industry, and the provincial government often have conflicting notions ofthe Conservation Authority role, questioning their legitimacy in any involvement in the process. Notwithstanding a lengthy multi-stakeholder discussion and policy development exercise around this issue [i.e. Policies and Procedures for Conservation Authority Roles and Responsibilities for Plan Review and Permitting (Ministry of Natural Resources', May 2010)], the controversy remains. The most obvious solution from a Conservation Authority perspective is to obtain delegated responsibility from the Province for Natural Heritage implementation under the Planning Act. Variability in Conservation Authority capacity Conservation Authorities have been criticized for not being able to provide a consistent level of services across all watersheds. While many Conservation Authorities operate with a full suite of professional, technical, scientific and administrative expertise, there are some which are not able to do so due to a limited local tax base. It has to be acknowledged that the local financial burden is not equitable across all Authorities and that this problem is not resolvable locally. Figure 2 illustrates the inequities among the per capita levies across the Conservation Authorities. 9 Watershed Management Futures for Ontario (Conservation Ontario 2012) 1. Confirmation of the Conservation Authority Mandate As discussed earlier in this whitepaper, the Conservation Authority mandate has been a long-standing debate, viewed either through the lens of provincial direction (section 28 regulations, PPS natural hazards) or with a broader interpretation of Section 20 of the Conservation Authority Act. Closely tied to the mandate are arguments about overlap and duplication. The issue of multiple pieces of legislation impacting water and related resources has been identified, and the resulting complexity leads to confusion as to who is responsible for what. It is fair to observe that Conservation Authorities have often willingly extended their programs into areas of emerging need, or to fill a gap created by withdrawal by another agent. The steady decline of the field presence of the Ministry of Natural Resources has, to some extent, been offset by expansion of Conservation Authority programs. It can be argued that more local control of these services has been a beneficial outcome; others may argue its provincial download. Conservation Authorities have taken the position that an integrated approach to watershed management is not only more efficient and effective, it is more equitable in that there is an opportunity for local stakeholders to participate in the process. However, progress toward this paradigm will not be significant unless the province acknowledges the value of IWM and commits to the necessary discussions that will lead to this transformation. Flowing out of a confirmation of a watershed management entity mandate would be a discussion ofthe relationship with the key Ministries in the watershed management sector. 2. Enhancement of Conservation Authority-Ministry Relationships Taking a more integrated approach to watershed management is dependent on collaboration among the various agencies with water management responsibilities. Given the existing diversity and complexity of the CA-provincial relationships and the need to enhance these relationships, Conservation Ontario proposes a series of bilateral discussions with the relevant ministries, to take place within an overall framework of a multi-Ministry/stakeholder steering committee. Renewed Conservation Authority-MNR Relationship The Ministry of Natural Resources has been responsible for administering the Conservation Authorities Act for the past forty years. The Minister is accountable to the Legislature for the Conservation Authorities program, yet the devolution of the partnership toward a municipally dominated model, leaves the Minister with inadequate tools to meet his or her responsibilities. The extent to which Conservation Authorities operate as autonomous, corporate entities, governed by their own Boards within a provincial policy framework, must be reconciled within an appropriate legislative, policy and governance framework. Conservation Authorities have historically operated programs that were on the surface, duplicative of those provided through the Ministries own operating entities. Overtime, this issue has resolved itself. However an important question remains around the implementation of Natural Heritage. Conservation Authorities believe that the Province needs to retain a strong science and policy role regarding Natural Heritage, and acknowledge the need for a local watershed-based implementation mechanism that can support municipal responsibilities under the Planning Act and the Provincial Policy Statement. 11 Watershed Management Futures for Ontario (Conservation Ontario 2012) 4. Development of a sustainable funding formula Some discussion on the current financial model has already been provided in this document. It is arguable that Conservation Authorities provide mainly place-based services such as flood control that are reasonably born on the property tax base. It is also a reality that local tax bases are not always commensurate with need, and that a mechanism must exist to create equity. The Province should consider retaining or designing a cost-sharing formula that takes local ability to pay into account, and this should be permanent rather than project-based. In addition, the Province and municipalities must incorporate Conservation Authority infrastructure into the pool of municipally owned infrastructure, or at least develop mechanisms whereby the flood and erosion infrastructure needs can be met within an appropriate asset management framework. It should also be recognized that Conservation Authorities have been leaders in developing non-tax base revenues including user fees and charitable foundations. In fact, the second largest pool of funding for Conservation Authority programs is self -generated, comparable to the municipal levy but less than total municipal funding. This greatly enhances the value of the Conservation Authority program in terms of its ability to leverage revenues from all levels of government. 5. Improved Accountability Framework Governance, finance, mandate, and accountability are all closely linked and need to be considered in an integrated fashion. The current accountability framework for Conservation Authorities has been criticized as inadequate from some stakeholders and interests. Some would prefer stronger provincial oversight or control; while others would lobby for greater stakeholder influence. As previously stated, the Minister of Natural Resources carries the responsibility for the Conservation Authorities Act and everything that occurs as a result of it, but he or she has very limited means to hold the Conservation Authority Board to account. Prior to the reduction in transfer payments in the 1990s, the Minister had considerable leverage through the financial and project approval mechanism. At the present time, the Conservation Authority is required to seek the approval of the Minister only for a relatively minor set of needs. The Conservation Authority is required to conduct an annual financial audit under Public Sector Accounting Board rules, and report to the Minister. It is also subject to the Municipal Conflict of Interest Act and a number of other statutes which compel it to conduct the business of the Authority in a responsible fashion. Implementation of an integrated watershed management approach will require the establishment of a decision making process that gives the various partners and stakeholders an appropriate voice in future watershed management decisions. Refining the Conservation Authority accountability framework to be consistent with this process would address these accountability concerns. 13 Watershed Management Futures for Ontario (Conservation Ontario 2012} Appendix A A Brief History of Watershed Management in Ontario It is no accident that a very comprehensive history of the Conservation Authorities Program, published in 1972 by Dr. AH Richardson, one of the founders of the "Conservation Movement" is entitled, Conservation by the People. The Conservation Authorities Act, passed by the Ontario Legislature in 1946, was a bold, forward looking piece of legislation that was founded on three principles: • jurisdiction based on the watershed, a fundamental unit for managing water related resources; • cost-sharing, reflecting a partnership between the province of Ontario and the municipalities within a Conservation Authority's jurisdiction; and • local initiative, a program that was locally designed to respond to issues that municipalities had determined to be priorities and for which they were prepared to fund on a cost shared basis. In fact, local municipalities had control over whether or not a Conservation Authority was formed, in that the legislature did not "impose" Conservation Authorities, rather it "enabled" municipalities to form them by majority vote (passed by 2/3 of the municipalities present). In the formative years, dating back to the 1940s, the provincial government undertook resource surveys of watersheds and developed a suite of recommendations under the categories of flood control, land use, forestry, and recreation. The resulting "Conservation Reports" formed the basis for the Conservation Authority program until the 1980s when contemporary watershed planning came into being. It is interesting to note that the recommendations not only incorporated natural heritage (forestry, wetlands, and conservation of land) but cultural heritage as well. Implementing these reports, Conservation Authorities purchased wetlands and marginal agricultural lands for reforestation, often under agreement with the Department of Lands and Forests, the MNR's predecessor. The development of Conservation Areas to provide public access and recreation opportunities was undertaken, often in conjunction with large water control structures. In order to justify the major expenditures involving in many cases all three levels of government, dams and reservoirs and their surrounding lands were designed for multiple purposes-flood control, flow augmentation, recreation and wildlife-to maximize the return on public investment. The provincial government amended the Conservation Authorities Act in the 1950s to provide grants for the development of facilities to promote public access and use. From a contemporary perspective, Conservation Authorities have acquired some 150,000 ha of lands that provide outdoor recreation opportunities for more that 6 million visitors annually. These Conservation Areas are largely self-sufficient from either user fees or donations or in some cases the work of service clubs and organizations, and fill a niche in the fabric of greenspace that our rapidly urbanizing population requires to meet their basic needs. In its recently published Strategic Plan, The Road Ahead: Sharing Conservation Authority Strengths: Strategic Directions 2011 -20158, Conservation Ontario has identified the increasingly apparent linkages between human health and access to abundant 8 Conservation Ontario's 2011-2105 Strategic Plan can be found at www.conservationontario.ca 15 Watershed Management Futures for Ontario (Conservation Ontario 2012} Recreation & Education • Outdoor recreation activities, environmental education programs for 475,000 students, outreach activities, water festivals Conservation Authorities Address Consistency and Effectiveness At a two day workshop in June 2012, the Conservation Authorities identified a number of areas to continue to address. Conservation Authorities are currently pursuing these issues. • Development of a common core competency/capacity (eg. minimum standards, service levels, etc) that all Conservation Authorities agree to meet. This would include not only the core Conservation Authority legislative responsibilities but must also include a consensus of the basic Conservation Authority role envisioned in the IWM concept. • A process for all Conservation Authorities to meet those standards either internally or through formal collaboration within a Conservation Authority grouping or cluster. There were a variety of variations on this idea at the workshop but the key is that these be formal, e.g. written agreements, financial arrangements and reasonable permanency. • A process to address Conservation Authority governance to give the various non-municipal stakeholders a voice. (eg advisory boards as in the Conservation Authorities Act, the task force approach, etc) • Identification of potential external partnerships and a plan to engage these partners • Review and clarification of the role of Conservation Ontario 17 Response of Municipal Sector to date Conservation Ontario has met with representatives from the Association of Municipalities of Ontario (AMO) and the Regional Planning Commission of Ontario (RPCO). Some of their response to date include: • Municipalities need to be a part of the discussions around the Whitepaper- Want to be engaged in any proposed changes to Conservation Authorities (CAs) before any decisions are finalized by the Province • Mun icipalities need to be included in discussions around any new funding formulas that may have an impact on municipalities • There is a concern with potentially changing the composition of CA boards given that municipalities currently make up the majority or all of the members and are primary funders of CAs • Conservation Ontario's Whitepaper needs to be better scoped out with developed options • Municipalities are key funders in conservation authority operations across the province; their ability to pay should be determined locally • Municipal sector has a significant interest in natural heritage issues and policy development and concern has been expressed over any proposed change to the delegation of the authority for policy interpretation for natural heritage protection under the Planning Act to CAs from municipalities. The Whitepaper suggestions could deprive municipalities of the ability to balance the objectives of growth management, which includes development and environmental protection • There is a concern about including CA flood control infrastructure in the municipal infrastructure pot since municipalities already have sizeable deficits • Strongly encourage inclusive discussions that consider shared interests - future discussion must at minimum include senior leadership of Provincial Ministries, AMO, RPWCO and Conservation Ontario Next Steps Conservation Ontario is committed to implementation of a sustainable, responsive, and effective watershed management future for the benefit of all Ontarians. Further scoping/analysis of the five key interrelated points for discussion identified in the whitepaper will be finalized and discussed with the Province to determine their willingness to engage in a meaningful dialogue with all stakeholders. Conservation Ontario will continue to advocate for early engagement of the municipal sector in particular as well as the engagement of others such as the nonprofit and business sector, as well as the general public. For More Information Kim Gavine, General Manager, Conservation Ontario ) McCormick Rankin 72 Victoria Street South, Suite 100 Kitchener, ON Canada N2G 4Y9 t: 519.741.14641 f: 519.741.8884 www.mrc.ca January 31, 2014 Mr. Steve Lund Director of Operations Town of Tillsonburg 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 Re: Ontario Ministry of Transportation Notice of Filing • Transportation Environmental Study Report Highway 3 and Vienna Road Intersection Improvements (G.W.P. 3045·08·00) Dear Mr. Lund: McCORMICK RANKIN A m;mi>o< of iA'\.'\. MMMGROUP The Ontario Ministry of Transportation (MTO) has retained McCormick Rankin (MRC) to undertake the Preliminary Design and Class Environmental Assessment (Class EA) Study of intersection improvements at Highway 3 and Vienna Road near the Town of Tillsonburg, in Oxford County. The recommended plan includes the construction of a roundabout and associated illumination. To construct the roundabout, there will be short-term traffic lane closures and partial/full closures of Vienna Road and Highway 3. The later construction stages require full intersection closures during low traffic volume periods (i.e., at night). Local detours have been developed to minimize the disruptions and additional distance traveled by motorists during the short-term and full closures. The purpose of this letter is to inform you that the Transportation Environmental Study Report (TESR) has been completed for the proposed intersection improvements and will be available for a public review period at the locations listed in the enclosed notice. The review period will end on March 5, 2014. Please refer to the enclosed notice for details regarding the public review of the TESR. As a follow-up to our Council presentation on November 25, 2013, the detour will use local roads. We understand that you have no further concerns about the construction staging and local detour routes. Inspections will be completed pre-and post-construction to assess the roads. If you would like additional information about this project, please feel free to contact me or one of the project team members listed in the notice. Yours truly, O:r[ankln, a member of MMM Group Dan Green, P. Eng. Consultant Project Manager cc: Attach. J<elley Coulter, Town of Tillsonburg Peter Fung, Town of Tlllsonburg Davis Samis, Town of Tlllsonburg Cephas Panschow, Town of Tillsonburg Scott Reid, MTO, Senior Project Engineer Khahy Ho, MTO, Environmental Planner Greg Moore, Ecoplans, Consultant Environmental Planner global transportation engineering January 29, 2014 Premier Kathleen Wynne Legislative Bldg, Room 281 Queen's Park Toronto, ON M7A1Al Dear Hon. Kathleen Wynne; Town ofMlle de Penetanguishene Re: Penetanguishene's Support of the New OPP Billing Model At the regular meeting of Council held on January 29, 2014, the Council of the Town of Penetanguishene passed a resolution which supports the Provincial Pollee New Billing Model for police services starting in 2015. Please find enclosed a copy of the above noted resolution which indicates the support to the Provincial Government's principles and design of the proposed new billing model. If you require further information, please do not hesitate to contact the undersigned at 705-549-7 453 or gmarshall@penetanguishene.ca. Most Sincerely, ·-.... ~-~ ·-· ·~ -- \.) Gerry Marshall, Mayor Town of Penetanguishene /kg Encl. cc: Madeleine Meilleur, Minister Community Safety and Correctional Services Garfield Dunlop, MPP Simcoe North Mayor's Coalition Dennis Travale, Mayor of Norfolk County Peter Politis, Mayor of the Town of Cochrane Jamie McGarvey, Mayor of the Town of Parry Sound John Lessif, Mayor of the Town of Tillson burg Bernie Maclellan, Mayor of Huron East John Williams, Mayor of the City of Quinte West 10 rue Robert St. West/ouest, P.O./C.P. Box 5009 Penetanguishene, ON L9M 202 Tel: 705.549.7453 Fax: 705.549.3743 www.penetanguishene.ca TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL February 7, 2014 Recent Developments in Joint and Several Liability-Municipal Action Needed Two recent developments are worthy of the immediate written support of municipal councils and municipal solicitors. The first is a private member's resolution introduced by Randy Pettapiece, MPP for Perth- Wellington. It calls on the government to implement comprehensive reform to joint and several liability by June 2014. Debate on this motion is scheduled for February 27, 2014. While a resolution of the Ontario Legislature is not a specific legislative plan, it does capture the spirit of municipal concerns. Mr. Pettapiece has written directly to all councils seeking your support; AMO encourages your reply. Of immediate significance, the Ministry of the Attorney General has recently written to members of the legal community seeking their input on two specific proposals under consideration. Feedback is due by February 14, 2014. The proposals include a modified version of proportionate liability that applies in cases where a plaintiff is contributorily negligent (the Saskatchewan model). Also under consideration is a limit on awards such that a municipality would never be liable for more than two times its proportion of damages (the Multiplier model). AMO supports the adoption of both ofthese measures. This is a positive development for municipalities and a step in the right direction. The adoption of both reforms would be a significant incremental step to addressing a pressing municipal issue. The written support of municipal councils and solicitors is requested. Below is a draft letter for municipalities to submit to the provincial government by February 14, 2014. Please add your voice of support~ As you know, municipal governments have long advocated for liability reform because the legal regime of joint and several liability makes municipalities and property taxpayers an easy target for litigation. It has been two years since AMO conducted the first ever municipal insurance survey, which found that municipal liability premiums had increased 22 per cent over 5 years and 4 years since AMO presented a comprehensive report detailing municipal challenges to the Attorney General. We have argued for some time that the heavy insurance burden and legal environment is unsustainable for Ontario's communities. AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca -416.971.9856 ext. 323. A M • Associationof Municipalities Ontario February 7, 2014 Office of the President OPP Policed Communities: UPDATE 1 A week ago, AMO's Board of Directors directed the establishment of an OPP Billing Steering Committee. Its purpose is to look at the proposed OPP billing model, including objectives and outcomes that could be acceptable to the different interests of the municipal sector. It will also look at elements of the underlying matters that contribute to high policing costs and how these too might be improved. It will be up to the provincial government to accept or reject those recommendations. In response to the communique sent last Friday about the Steering Committee's formation, AMO received many expressions of interest to volunteer for this Committee. The volume of volunteers who put their names forward displayed an overwhelming breadth and depth of concern for this issue. We are grateful and express appreciation to all who recently stepped forward. In addition, the Board wanted to invite a representative from the three sub-municipal groups (Mayors' Coalition, OPP Discussion Group and the Under 5,000 Group). The Board directed that representatives come from all corners of the province with careful consideration to the diversity of interest, circumstance, region, knowledge and experience of each individual. All municipalities should be able to see themselves represented in the women and men who will be participating in these critical discussions. Based on the Board's direction, the President has confirmed the following elected officials as members of the AMO OPP Billing Steering Committee: Politis, Peter Vrebosch, Bill TBC McNamara, Gary White, Chris Canfield, Dave Spacek, AI Ron Nelson Barfoot, Alan Conn, David Marr, David Mertens, Peter Reid, Barb Reycraft, Doug Thompson, Linda 200 University Ave. Suite 801 Toronto, ON, M5H 3C6 Mayor Mayor TBC Mayor Warden Mayor Mayor Mayor Mayor Mayor Warden Mayor Reeve Mayor Mayor www.amo.on.ca amo@amo.on.ca Cochrane (Chair, Mayors' Coalition) East Ferris (Chair Under 5,000 Group} TBC (OPP Discussion Group) Tecumseh (Future of Policing Advisory Committee) County of Wellington Ken ora Kapuskasing (FONOM) O'Connor Township Georgian Bluffs Seguin Township Elgin County Prince Edward County Minden Hills Southwest Middlesex Port Hope Tel 416. 971.9856 Fax 416.971.6 191 Toll Free in Ontario 877.426.6527 ) OBIM ONTARIO BUSINESS IMPROVEMENT AR EA ASSOCIATION Go· ON c/o 280 Queen Street South Mississauga, ON L5M 1 M1 toll free 866.807.2227 info@obiaa.com I www.obiaa.com MEDIA RELEASE January 21, 2014 OBIAA BOARD MEETS WITH ONTARIO'S 'OPEN FOR BUSINESS' ROUNDTABLE The Ontario Business Improvement Area Association (OBIAA) Board of Directors met with the Government of Ontario's Open For Business Roundtable on Wednesday January 151h 2014 at the Ontario Investment and Trade Centre in Toronto to present five priorities that affect Main Street businesses in Ontario. The Ontario Open For Business Roundtable included: Minister of Economic Development, Trade & Employment Honourable Dr Eric Hoskins and staff Deputy Minister Wendy Tilford, Assistant Deputy Minister, Open For Business Katherine Hewson, Assistant Deputy Minister Accessibility Directorate of Ontario Ann Hoy, Policy Advisor Rachel Levy. The Ministry of Tourism , Culture & Sport Assistant Deputy Minister Richard McKinnell. The Ministry of Government Services/Service Ontario; Deputy Minister & CEO of Service Ontario Frank D'Onofrio, Assistant Deputy Minister, Business Improvement Bev Hawton. The Ministry of Municipal Affairs and Housing Deputy Minister Laurie LeBlanc, Assistant Deputy Minister, Housing, Janet Hope, Chief of Staff Hasneet Punia and Senior Advisor, Devan Sommerville. OBIAA presented five priorities that included: (1) Providing clarity and improving awareness of compliance obligations under the Accessibility for Ontarians with Disabilities Act (AODA) (2) Improving understanding and engagement on the Tourism Oriented Directional Signs (TODS) Program (3) Building collaborative relationships and partnerships with Regional Tourism Organizations (RTOs) (4) Streamlining and simplifying information related to Festivals and Events permitting (5) Establishing an OBIAA forum for working across provincial government. Additionally, the following initiatives were presented as important elements to be considered as this partnership continues (1) Equalization of the Business Education Tax (BET) (2) Re- evaluation of current MPAC assessment methodology (3) AODA compliance (4) Vacancy Rate Rebate (5) Employee Health Tax (6) Main Street Business funding availability and accessibility (7) OBIAA sustainable funding (7) New definition category -Main Street Business -within Small Business (8) Updates to the Municipal Act-Section 204 BIAs. "To be invited to the table by the Ontario Open for Business panel is a significant step for Main Street businesses; it gives us a real presence and our economic impact can be communicated" explains Ellen Timms, President for OBIAA. "This is great recognition; and a partnership that is an important component for our Main Street vitality. The Open For Business panel, working in collaboration with OBIAA, have 90 days to work with, report back and implement our priorities" adds OBIAA Executive Director Kay Matthews. Strenntli in Jfum5ers -Success tliroUfJii 'l(nowfetfge Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Consent to Non-Disturbance Agreement CAO 14-03 David Calder COUNCIL MEETING FEBRUARY 10, 2014 NON-DISTURBANCE AGREEMENT That Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk Barn; And that Council authorize the Mayor and Clerk to sign the Non-Disturbance Agreement- Bulk Barn. EXECUTIVE SUMMARY The purpose of this report is to obtain Council approval to authorize the Mayor and Clerk to sign a Non-Disturbance Agreement between the Corporation of the Town of Tillsonburg, Bulk Barn Foods Limited and RMM Tillsonburg Centre Property Inc. This agreement is being requested by Bulk Barn Limited and the mall owner RMM Tillsonburg Centre Property Inc. The Town of Tillsonburg is a party to the Non-Disturbance Agreement as it is the "Head Landlord" under the Ground Lease dated July 31, 1979. The Non-Disturbance Agreement is a request from the Tenant, Bulk Barn Limited to the Town of Tillsonburg as the "Head Landlord" to consent and approve the Lease pursuant to the terms of the Ground Lease. The agreement protects the tenant in the case of default by the Head Tenant being RMM Tillsonburg Centre Property Inc., and allows the tenancy to continue under the Ground Lease with the agreement that the Town of Tillsonburg as the Head Landlord will honour the lease agreement between RMM Tillsonburg Centre Property Inc. and Bulk Barn Limited. CONSULTATION/COMMUNICATION The Town's legal representative reviewed the Non-Disturbance Agreement and advised the Town that all was in order. The Town has previously entered into a similar agreement with the mall owner and Shoppers Drug Mart Limited. SCHEDULE "G" CONSENT TO NON-DIS'I1JR:QANCE AGREEMENT This Agreementmadeasofthe 10111 dayofJanuary, 2014 BETWEEN: The Corporation of the Town of Tillsonburg (hereinafter collectively referred to as the "Head Landlord'') OF TilE FIRST PART -and- Bulk Bam Foods Limited (hereinafter referred to as the "Tenant'') OFTHESECONDPART -and- RMM Tillsoburg Centre Property Inc. (hereinafter collectively referred to as the "Head Tenant'' or "Landlord") OF THE THIRD PART ~ the Landlord and the Tenant entered into a Lease date« as of the 19111 day of December, :i013, and as same may be further amended from time to time (the "Lease"), for premises containing approximately. five thousand, two hundred~ thirty three (5,233) square feet (the "Demised Premises'') in the complex located at TillsOllburg Town Centre, in the City of Tillsonburg, in the Province of Ontario ("Complex") as more particularly described in Schedule "A" attached hereto (the "Lands"); AND WHEREAS by a Ground Lease dated July 31, 1979 (the ''Ground Lease'') between the Head Landlord, as landlord, and the Head Tenant, as tenant. the Head Landlord granted to and in favour of the Head Tenant a long term leasehold interest in the Lands and the Complex for a term of fifty (SO) years less one (1) day which included the Derriised Premises; AND WBEREAS.p~uant to the Ground Lease the Head Landlord granted to the Head Tenant the full right, power and absolUte authority .to enter into agreements to lease for premises at the Complex and assume all obligations and liabilities in respect of all .leases in place at ~ Complex including the Lease in respect of the Demised .Premises; and AND WHEREAS the Tenant has requested the. Head Tenant provide from the Head Landlord its consent and approval in respect of the Lease pursuant to the terms of the Ground Lease and provide the Tenant with a Non-Disturbance Agreement and the Head Landlord and the Head Tenant have agreed to enter into this Agreement with respect to fulfilling the. foregoing request JDade by the Tenant subject to the terms herein contained; WITNESSETH that in consideration of the sum of One Dollar ($1.00) now paid by each of the · parties hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto h!lft)by covenant and agree as follows: 1. The Head Landlord hereby consents to the Lease as assumed by the Head Tena:irt under the Ground Lease subject to the proviso the giving of this consent shall not be ®emed to release or discharge the obligations of the Head Tewmt under j!le terms and proyisions of the Ground Lease, including its responsibility for the payment of all rent thereunder and the performance of the obligations of the Head Te.nant under the Ground Lease. 2. The Head Landlord hereby recognizes the Lease and hereby agrees that so long as the terms and provisions of the Lease are being cotnplied with, the Tenant shall have the right to peacefully and quietly have, hold arid enjoy the Demised Premises purswint to the Lease without interruption or disturbance by ~ Head Landlord or by any person, fum or corporation claiming by, through or under the Head Landlord arid that the Tenant's rights and privileges under the Lease to possess the Demised Premises shall not be in anyway disturbed, diminished or interfered with by the Head Landlord. . . 3. The Head Landlord covenants and agrees should .an event of default by the Head Tenant occur under the Ground Lease which gives rights to and in favour of the Head Landlord to exercise any so request is given within five (5) business days following such event), exercise its rights as an under-lessee under section 21 of the Act, or any like rights under common law, to clalm or apply for an order investing the term of the Lease, and the whole of the Demised Premises in the Tenant, on all of till< same terms and conditions as the Lease, and the Head Landlord shall, at the request of the Tenant, consent to such claim. 9. If a receiving order in bankruptcy, or winding up order is made against the Head Tenant, the Tenant may on its own accord and shall at the request of the Head Landlord (provided such request is given within five (5) business days following such event), exercise its rights as an ·under-lessee under subsection 39(2) of the Act or any like rights under common law, to exercise its election as under-lessee to .stand in the same position with the Head Landlord as though the Tenant were a direct lessee of the Head Landiord, for the balance of the term of the Lease on all of the same terms and conditions contained in the Lease, and the Head Landlord shall, at the request of the Tenant, consent to such exercise provided it is understood and agreed between the parties hereto the rights of the Tenant shall be limited solely to the rights afforded to it in respect of the Demised Premises and the Complex only arising under the Lease and no other rights at the Complex as may be contained in the Ground Lease in favour of the Head Tenant: 10. Neither the Tenant nor itS successors or assigns shall enter into any agreement to amend or . modify the Lease which would result in the Tenant paying to the Landlord rent for a period of greater than one (1) month in advance. Any such agreement made in contravention of the provisions of this section shall be no force or effect as against the Head Landlord or agalnst any subsequent purchaser from the Head Landlord, or as against l!IlY purchaser and any sale process in respect of the Head Landlord exercising its rights under the Ground Lease. 11. The Head Tenant and the Tenant hereby acknowledge and confirm to the Head Landlord that: (a) : The Le8se is in full force and effect and in good standing; (b) No rent has been paid in advance under the Lease save and except as set out in the Lease; and (c) To the best of the Tenant's and the Head Tenant's knowledge, respectively, neither the Tenant nor the Head Tenant presently bas any knowledge of any present claim to set off againt rents d1ie or to become due, under the Lease whiph has occurred prior tO )he date hereof. 12. Notices, demands, ·requests or other instruments under this Agreement will be delivered in person, by courier, by facsimile or sent by registered mail postage prepaid and addressed: to the Head Landlord and Head Tenant: c/o SmartCentres to the Tenant: with a copy to: 700 Applewood Crescent, Suite 100 Vaughan, Ontario · IAK5X3 Attention: ~Department 55 Leek Crescent Beaver Creek Business Park Richmond Hill, Ontario, lAB 3Y2 Attention: Senior Director, Real Estate David Calder CAO, Town ofTillsonburg 200 Broadway Street, 21111Floor, T~,OntarioN4G5A7 519-688"3009 Ext. 3227 A notice, demand, request or consent will be considered to have been given or made on the day that it is delivered in person or by courier or, if mailed, seventy-two (72) hours after the date of mailing. Any party may notify the others in writing of a change of address and the address specified in the notice will be Considered the address of the party for the giving of notices under this Agreement. If the. postal service is interrupted or substantially delayed, any notice, demand, or request or other instrwnent will only be delivered in person or by courier. 13. The foregping provisions shall be self-operative and effective without the execution of any further instruments on the part of either of the parties hereto. However, .all parties hereby agree 52 STAFF REPORT DEVELOPMENT AND COMMUNICATIONS Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: REQUEST FOR EXPRESSIONS OF INTEREST -253 BROADWAY PROPERTY DCS 14-10 CEPHAS PANSCHOW COUNCIL MEETING FEBRUARY 10, 2014 REQUEST FOR EXPRESSIONS OF INTEREST- 253 BROADWAY PROPERTY "THAT Council receive Report DCS 14-10 Request for Expressions of Interest- 253 Broadway Property; AND THAT staff be authorized to release the Request for Expressions of Interest for the 253 Broadway Property." EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to release a Request for Expressions of Interest (RFEI) for the 253 Broadway property. The intention is to attract investment interest with the ultimate goal of selling it for a desirable development. This property appears to have been acquired as part of a larger parcel that consisted of Lots 944, 945 and 946, Plan 500 in 1993 with Lot 946 and a portion of Lot 945 being sold for the development of the Kelsey's Restaurant in 1998. The remaining property (Lot 944 and the remainder of Lot 945) has remained in the Town's ownership since 1993. A number of uses have been proposed for the property in the past, including as a potential site for a standalone Town Hall. To date, no concrete plans have materialized for the property. A preliminary report was provided to Council on June 12, 2013 (Report DCS 13-22 Surplus Lands). CONSULTATION/COMMUNICATION The Development Committee reviewed the RFEI at their December 12, 2013 meeting and made a number of suggestions, which were incorporated into a revised document that was reviewed again at their January 9, 2014 meeting. A title search on the subject property and the adjacent properties was conducted in order to ensure that all agreements related to the property were known and incorporated into the RFEI. In terms of communicating the availability of the site for development, staff will be providing notification as required by the Town's Sale of Real Property (Surplus Lands) Bylaw; including: 1. Posting a notice on the real property for at least 20 days; 2. A publication of the notice in a newspaper having a general circulation in the area where the property is located once a week for a period of two consecutive weeks; and, 3. Notice provided on the municipality's website. In addition to this, the RFEI will be distributed to known developers/real estate investors. FINANCIAL IMPACT /FUNDING SOURCE Lots 944, 945 and 946 were originally acquired in 1993 at a price of $540,000 with Lot 946 and a portion of 945 being sold to Charcomp Developments Inc (now Maxol Inc) for $240,000. This price included access to additional lands through a joint easement for access as well as long term access to adjacent municipal parking subject to Charcomp being responsible for the construction of the parking lots. In order for the Town to secure the remaining amount paid for the property, the Town would have to set a minimum price of $300,000 for the property. This price does not take into account inflation since the property was acquired nor any carrying costs. Staff have retained a company to prepare a formal appraisal of the property in accordance with the Town's Purchasing Policy. The cost for the appraisal will be funded through the Town's Land Sale Account and recouped through the future sale of the property. Any revenues from future land sales will be subject to direction from Council at the time of the land sale. D Page 3 I 5 CAO APPENDIX A-LOTS 944, 945 AND 946, PLAN 500, DESCRIBED AS PARTS 2, 3, 4 AND 5, PLAN 41R-6262 I I; I K l ' ~ I J I ! ~ !1:• . ~ D Page 5 I 5 CAO TOWN OF TILLSON BURG REQUEST FOR EXPRESSIONS OF INTEREST (RFEI) 253 BROADWAY (VACANT LOT) RFEI SUBMISSION DEADLINE DATE: Monday, April 28, 2014 TIME: 4:00 PM EST LOCATION: Town of Tillsonburg (CORPORATE OFFICE) 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 LATE SUBMISSIONS WILL NOT BE ACCEPTED *NOTE: THE CORPORATE OFFICE IS LOCATED ON THE 2ND FLOOR OF THE TOWN CENTRE MALL Any respondents shall indemnify and save harmless the Town of Tillsonburg from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this exercise. SECTION 3-DISCUSSION CRITERIA AND DESIGN ELEMENTS In addition to above submission requirements, the following criteria will assist the Town in forming the discussion regarding any/all submissions: • Consistency with the design guidelines laid out in the Central Area Design Study (2012); • Overall desirability of proposed development; • Overall size in building area of the proposed development; • Multiple uses contained with the proposed development; etc. A conceptual drawing based on the Central Area Design Study guidelines has been prepared (see below) and is included with this submission in order to assist proponents with visualizing the design elements of the Design Study. This conceptual drawing is being provided for information purposes only and no preferred building structure or design is to be explicitly inferred from its use here, i.e. we are not requiring proposals to include designs exactly as provided for in this example although designs should be in keeping with the design elements of the Design Study. Conceptual Drawing with Examples of Design Study Elements The property is also subject to an agreement between the Town of Tillson burg and the downtown Business Improvement Association regarding the placement of the downtown welcoming sign, which is located at the northeast corner of the site and straddles the property line. Any development on the property is required to accommodate the current location of the sign and to incorporate it into the proposed development. APPENDIX B-PERMITTED USES AS PER TILLSONBURG ZONING BYLAW 3250 -ENTREPRENEURIAL ZONE FILE: C6198RP VENISON STREET (20.117 Wide, RP 500) H52"J0'10"E 51.054(111'a:w-) ~() I c:> I ., "' '. S! ~ I• "' "' --. i:l ~ ·r Cl I "< <> D:: !! ~ I! (J) d Q; 4 ... .:; -::z: ~ e -----------~ ~ i ~ ~ • ..j I .. j Eij -~ o o I & I ._J ~ --J~! :!: 1--c:; ~ti I ~-= (/) ~ ~ ::j \~i !::l !!5 Let ~?02 )PART1) PIN 00031 -0120 ~) ~ N52'2!5'20"E Lot Uno St.DI57 {PJ& :;:,,,. ---:1+ ·~ PfN 00031 -0109 lnstrurnet No. .J90351 Let Part 4 , Plan 4/R-5047 ,.....,., ... .., N52'30'10~ S7.tSO 5f.0M(RP,.._) IPART 51 Let ~344 PIN 00031 -0111 Jnsfrumt~trt No. 378472 Lot H-4t5 NS2"32'30~ 51.oee lrn!I:!I mrn ...... 51.068 i_(}t 94€5 lPART2) PIN (){)().JI -0112 Instrument No. 378472 S1.078 NS2'32'31fE Parl 3 , Plan 4/R-5047 57.1M(IMI) (57.174,PS) 94? ·~· ;,~ .;!·~· BRiDGE STREET Instrument No. 2S9119 (Established by B~aw No. 2083, 1979) PIN (}()()31 -0110 ~ l~i ~t ~· '"'"'' [ l ~ s. ··-~=- =·= c~ ;~ U: !Il "" 11~ PARTS SCHEIItii.E I~IHo.I..NI·PIII~t-o108 PLAN 41R-6262 RECEIVED AND DEPOSITED .. 1.9Ci.8 .~ OZ: .. 26. ~ f+ ~ l't.PIM~I-G111~ -~~-~~~-Deputy Land Registrar for the R11giatry Division of Oxford (No. +1' ~ § ~ ~­....... HI PIN 00031-01211 Hi== I REQUIRE THIS PlAN TO BE DEPOSITID UNDER IIETRIC• THE REGISTRY ACT. DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVER'TED TO FEET BY OMOlNG BY 0.3048. r;;r:::__·~ .· ... · ... "/ /~' ·~~ Plan of Survey Lots 901,902,94-4,945 c!c 946 Part of Fox Alley Judges's Plan Registered as Plan No. 500 Town of Tillsonburg County of Oxford Scale 1:400 Murray Fraser Limited 1998 0 10 e a 4 2 I SURVEYOR"S CERTIFICATE• I CERliFY THAT ~etres T)Thlslllui'Ye)'andplanaracQmllc:latldlnoecon:kme•wlth THE SUR'IIEYS N::r, THE SURVEYORS N::r ANO THE REGISTRY N::rond t11e f'lelilulcrtlon• mode th-under, 2) lh4l Iurvey wa. completed on the 1Stl1 day of Auguat, 1998. IIURRAY FRASER UIIITED w~ NJguatZ4,\99! .• ~ •. C. Murray Orrtor'lo Land ....yor BEARING DERIVATION• Beorlnge ore astronomic derived from Deposited Plan 41 R-1941 and refemd to the west limit of Broadway siwWI'I OS N37'34'10"\Y. LEGEND o.notn ,~ ... " 4' tonll standorcl ....... ear 18 o.not•r'J/PJ"~q,,.2'iott;lron9or 1811 o.tolar'J/tJ"tfx2'~k>I'!Bor c c.Mtc. Plontod "onun.nt • Olnotn Found Monui'Mtl~ PI o.tlotM Depoe,lbtd Plan 41R-1941 P2 o.not..o.po.lt.dPkln41R-2.17t PJ Denota Depcnobd Plan 4tR-22l2 P4 Denotn o.pGI!tK Plan 41R-2273 ~ o.notNDipoart.dPkln41R-5041 RP DtnotH ~r.twld Plan No. 500 FRASiER NurrGy F-Umlted Pttone,A='01< (519) 873 0'120 45 K1r19 str..t, Suite 302 L.onclon, Ontario N8A 188 Dr. by: JGH Chk'd by : CMF I');-,. t?ontario Ministry LAND MGISTRY OFFICE #4~ PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER PAGE 1 OF 2 PREPARED FOR lgilvesy ON 2008/06/03 AT ~1,01,29 ~~· 00031-013 9 (LT) J of Government and Consumer Services * CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT • SUBJECT TO RESERVAXIONS IN CROWN GRANT * PROPERTY DESCRIPTION' LT 946 PL 500; P'i' LT 945 PL 500 PT 2, 3 41R6262 S/T & T/W 429976; S/T 429975; TILLS.ONBURG PROPERTY REMARKS, ESTATE/QUALIFIER' FEE SIMPLE LT CONVERSION QUALIFIED OWNERS I NAMES MAXOL INC. Rl!G. >roM. DATE INSTRUMENT TYPE RECENTLY' RE-ENTRY FROM 00031-0269 CAPACITY SHARE ~-- AMOU!l'l' PARTIES FROM H PRIN.rou.zl INCLUDES ALf IXlCUMENT TYPES AND\ DELETED INSTRVMll'NfS SINCE: 2005/~2/~6 •• **SUBJECT, lo.N FIRST RE*STRATION UNDER THE.~ TITLES ACT, Tb: fUBSECTION f(1.) OF TBE LAND TiS ACT, ExCEPT ~ESCHEAT OR FORPEIT!JRE TO CROWN. THE RIGHTS ANY PERSON WHO WO D, BIJT FOR THE j:.AND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF T THROUGH GTH OF A!JVERSE POS ESSION, PRESCRintON, MISDESCRIPTION OR BOUNDARIES SETTLED BY 'ARAGRAPH i~, PARAGRAPH 1.4, PROVINC.IAL SUCCESSION DUTIES * !cONVENTION. ~ LEASE Tq WHICH THE SUBSECTicfr 70 (2) OF THE RjroiSTRY ACT APPLIES. **llATE OF cjoNVERSION Tq LAND TITLES' 2005/1~/1.9 ** 41R6262 I 1.998/08/261 PL!\N R.EFERENCE Z426254 I 1998/09/08 REST COV APL ANNEX 426255 I 1998/09/08 I AGREEMENT $2 j THE CORPORATION OF TBE TOWN OF TILLSONBURG 426256 1998/09/08 I AGREEMENT ·$1 f Ci!ARCOMP DEVELOPMENTS INC. 426257 1998/09/08 I BYLAW THE CORPORATION OF THE TOWN OF TILLSONBURG 4263 84 1998/09/15 I NOTICE CHARCOMP DEVELOPMENTS INC. 41R63S8 199~/02/25 I PLAN REFERENCE 429975 1999/03/01 I TRANSFER EASEMENT $2 jCHARCOMP DEVELOPMENTS INC. 429976 1999/03/01 I TRANSFER $1,133,800 ICHARCOMP DEVELOPMENTS INC. PIN CREATION DATE, 2005/12/H PARTIES TO CBARCOMP DEVELOPMENTS INC. THE CORPORATION OF THE TOWN OF TILLSONBURG KELSEY'S HOLDINGS INC. THE ~O~PORATION OF THE TOWN OF TILLSONBORG MAXOL INC. NOTE, ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTJl' ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER. OF pAGES ANo THA.T YOU HAVE PICKED THEM ALL UP. . ~,.v;> c c c c c c c c c Cf!{RT/ Cl!KD I ~ i§ 3 w u u: 1998 0 9 08 Transfer/D~d of Land Form 1 -Land RoglllniUon ~e!Oim Acl V·J Acldil~ =.. .... o Slack Properly 00031 0111 (Part) 00031 0112 (4)ConOI<Itoatlon Two Hundred Fo-rty 'thousand- -------M-----o0/100 Dollart $~40,000.00 111 Dttcrlpllan This Is a: hl~~~r.':." ~ =1~ouon 0 I.ot 9Ji6. ,and · ~ New Property ldenllfl_ors ~. r ooo31· 0/39 ~Part of Lot 945 ad~ Plan ·sao, Town .of Tillsonburg, Cc>unty of· OXford D as deacribed on Schedule attached as page 2 .ExeC4.1Uona .lddillontl: L~ttute. 0 eowrnent New Euament j Addillonal. . Fee SimpM (61 Thla (aJ Rodmrlption 1 (b) Schedule toi: 1'(7).1..-.:oiiiiTr- Conlllna Plon/Skllioh l8l I Oeocriotlon ~ Pllfi!M D Olher0 wrn l"i,~r-elf ~6->.J.' (~). ~~~~1) ~ -T~-n:T~~~H ~mv c~~~ .. ~ ~~ .... ~~Ctw~ .. , . . . ' ~~~~~~-·: .. • , ' , ...... , :·:~~::~~C.'. :~ ,,.-?:·.-~.S~ni:u:~ .. ; ; J 1101i.:,,~a)Addrwu Munieipal Offices, 200 Broadway, Tillaonburg, Outar:ico. N4G 5A7 Oat&ol Birth y M D ·'=·~~=~·····················································••1·••11•· . ! ! . (12) YrillaltfM(a) Addrlu · torStl\'lce · Suite 402, 244 Pail Mall Street, London, Ontario. NSA 5P6 (13) Tranolero<(o) Thettansferor v"i6aathatto the boot Of lhobnsteror's knowisdg8 and beliel,lhit tranolet dQeenolcornravone socti:lnfiOol thol'lemi1g AD.. . Date of Slans.ture Dale of Slgilature . y • Ll o, ' Y. I M I 0 Sign&turu .•.• r. 0 •••••••••••••••• ' .1..' '·'.! ... I' .. ·i Signature .•.•••• 0 ••••• I •••••••••••• .1 ..... ,1, •.• ! .... Sollch!>r·tor Tf1!noiiiiO!'(t) I havo oi<plaintd lha ellect of aection SO Of the Plannl!lg ArJ. to lhe traha,.ar and I have mad!! inq\irlos of !he_ trwmor to ~ ·~.tetfn!l'!G thallhl! tranefer doR not contr&vane lllal: seQdon and bi!9ed on the inlormalic:m ~~t.~pplled by lhe transferor, lo the b&!l of my knOw$edge and 25 beDaf, thiB transfer doea not contrl\'ena that section. 1 am an Ontario SO!k:Hor 11 good .stil!ldilO. Dale of Signature ): N_amoand . ! y 1 M l D & ~ic'f:ot Sf_goature., ..... , .................... r ..•... 1 ••• J •.. I -~ ~ {14) Solicitor for r,.nlfe~i) I have lnvHtloal,ed the tllle to lhblland and .tQ abutting tlnd wtlare retevant Mel I am &atlsfled lhal the Uda reocrds ,A'e ~ reveal no oonltavantiot1 u set out hi subcfauso 50 (22) {c) ~~ of the Planning Act and that to lhe best of my knpwledge and belief ~s tr~lef -~ ijl date nol contra vena oadlotlfiO Of lhe Planning Act. 1 ectiildepeildently ti Jho _,.,lor the transferor(&) and I am an Oniario so1Ci1ot ;n good standirll!- j ~~ . o.. ~~!: Name and Date o1 Signature ,lj'"J Addrus of Y M D ~~ Solicitor Signature. r •••••••••• ~ .............. L ..... .!. .. J. . (16) AI.....,..IROIIN-lcty.IM"~I"'", Sub. 1 p.,, FHundlex ot Property 1 , I j Not Ass~gned ~11--'----'-~:;;.;..;:.;;.-...._;._ __ -i T.:;...-.;:;:;::;:::;-.-:;:;:::::-::;;;:::::::=.--'--'--'-"T7..t=::::'::0==:!:-::::::------'~----j ~ Regletre.tla.n F'ee. ~( J _ (16) lo!unk:lp&IAddlai ol P'"l"riJ (1'1) DocumonT Proporod b)': -.. ~,.. 247 BroadWIIy' BROWN & BROliN ~ land Tninot"' Tax c.I/~D - Tillsonburg, Ontario. Barristers·& Splicitors 1l N4G 5V2 30 Brock St,E,, Box 67, u:ll-----+------1 Tillaonburg,Ontario. 15 N4G 4H3 ~ Tabol Schedule Form a -IJond Rog-Rololm Aoot Pogo _ _.:t.__ s ~Ad.wonal Propeny klo-(•) and/or 0111tt lnfonnollon RESTRIQJVE COYf,NANT The Transferor, for lrself, Its successors and asslJIU, covenanu, prombes and qrees with and to the Transferee, Its successors, assl8111 and tenants, to the Intent that the burden of this CO'Ii!nant shall be annexed 10 and nm with the ~dlo!nlnalands !lf tbe Transferor described. below (the "Servient lands") ani! the beneflttbereofshaft be annexed 10 and run wltb each and every pan ·of the lands hereby traruferted 10 the TJ111$ferei!1 that the Tra~ror shall not penn It a restaurant 10 be located or operated upon the Servient Lands. · \)escrlptlon of the Servtent lands, be!nc the lands· burdened by the forqolna n!Sirlcdve covenant! Lot 944, and Part of Lot 945, Plan 500, Town of Tmsonbut~, County of Oxford, designated as Part 5 on Reference Plan 41 R-626.2. " U& otp;IIIIIZIOft.~3.11IIO"DitTO•OAIIADA -·--.,--.. " ,.............. Amdavll of Raaldance and of Value of th8 Conelderatlon ....,. "" · Fonn 1 -Land Transfer Tax Act ~H~-a,!~~m~s~~:'~:~ANCE OF ,_.,..,.,~.,-.Q lot 04A Pattof lnt945 ·plan 500, !own nfJD!conhtCI Co!mty of Oxford, desiiJpted as Pans 2 and 3, llefe!'2Qcr. Pl:!n 41 R-62M ' f) TO_ cu.~., Mt~JIIW,......,ftlll,.,...,.,....t"r.MJjOuJlatt!X":ililmmppJDlle!II!!OellnQ,pmpmeuntthLIIIlntr.r~---------------- 1, r ... -.. ..... .,..._,1,1u11JJRtcolbbeeJrt!LJ,J,.:. T]Qhetaflur:.____-'----------------------- MAKI OATH AND lAY tHAT: 1. lam .{IIJeH • .,...~....,. .,...,.,. ~-,_,_ . .,.,. ~,.r.,~ ...,..,atDH.,. ~,.,.,,..,_.,..,.IJ: r ... ~rta~ntot~etrJJ 0 (a)· A pmon fn ku,, fO~ whom ll'tt.land.:convtpd kl ll'lt abov.;.detertbttcf. oanvayanct 11 b1lng. ~nwpcf; 0 (b) Atrutllt namtU In lhtlbovHtacrtbld-COhVI)'Iiln to Whom I~ lind II Wing conVt)'td; 0 (c) AtranaftrH.Mmtd-lnthil abOVt-dttcrlbR ~c;nvayanc:t; , 0 (CI) l'lllllu1horll.a egtntw IOlJtUoret~lfng tn lhllli'aJlMGCion ~or{luwfNIIN{-J.,~IiJ---------------- ------------~dfl01111tdln.par.grljlh(l) .(llj, (b); (c) abon:C'"*..,._,. __ j i) (o)The .... ll\lonl,~aUII~HOIOidfol-~oi-1/1-------Cbarcomp nevetopmfnts Inc · · -------------doiC~btdlnpa111Graplr(o) W. . W• (C) . .._c-..;,._,._,_ D (11 AllanilerMct.actiiMdllipuqraph( )pn.rt*'/yw..orp...,.,.f~(IJlw(•)~M~..,.,) llhdammllklftGihlatlfldaltllon.myOII!'I'IDehallllndon bthaU of PMftf ..... o1 ..-.) . Who II my lpotiH dllactlbed In parogr.Ph ( ) CJ~t-t.,U.,-~ ~ (~ t•) --(~ 111H1i. M ~ ,lltld u auah, J ~ ,.,-.onaJ JmOWI..:tlll• Of ttl• faofa htmn fHpoud lo. 2. """--.... --.... --·----~ .. I han read ana Contld•red.lhtl tteflnfllon ot "'I nul• famllt relideoali• Ml ou11n f:IW:M 1 (1)01) of tnt Aa. ·The-l«ncc bOn'illyed "In the e:bovHncrlbed conv~ance D. -~nlalnt ~ IIQt one lnd ttoi.more·lhan two alngr. f~m!ly rtlldlf1CIL Hi:4!': Clluat J(1)(d) lmpuilm Mdtdat!IIIU ll ftl• J'lll OfDMohiH a1 ana 1* D dDH nol ~ontain • a1n~ tamUy ruldtn4t. nnt upon lhl VIla. of OCiftiiHndlon In.,... of ~OOCI tllhlrllht conYI)'~ 0 tof!lalm mort thin lwo afng .. lamf!y rtlldenctl. t• ~ 11,1 ctmiiJM .. INII ar. ind neil mora1han twD lli1SI1111mil)' rukiiiiCII. 3. l"havt rnd md eonsldflH lhl d·ellrilllont ot ~nonofllldtnt CQi'POtatlon" IOtd "no!l-rlildJnl person'" all. oul '""ctlvtly In claultl 1(11(11 anG (g) of 11\t ,&,cl &ntl·tae~ oi tiM Follawlng ptr70nllo whom or In Uulllor wnom thtl taM Ja tieing_ conveyed In lh" abow-d8$#11bllf tonVIpnct fa a •n!m!rtilderrt eorporallon" or 111 "flon.tNkilfll pWJOn• u 111 out-In lhe/d. { ... IHirnhw-t_,aJ &tile. ___________________ _ . . 4. THI TOTAL CONSJDIIIATIOJI POR THII TRAMtAICTION II ALLDOATID AS-POUDW&: (4HAonltl pe.kl. or to b4' paid In can , . . , • • . , .• , , , , , • , • , , • • , •. , . $ 240 000 00 (b)h!OII~gea (I)AsiUi"ned·rMow~.,..,..,..,,.. .. ~...,.,~·~, , .• __ _.N .. U.___ (II).Givlli bocklo von~or . • • • . • .• . • • . • . . . • • . • • • • . Nil (e) Proptrty lranaierrtd ln. exch&ngl f*W ,.,_} . . , , , . . • · , . , . ~ , , , .. . , Nil Jci) StcuriU9& II'IU18ftrred Itt the Vlluf of (HtJII ..._., , , , • , , , , , , , , , , , , , , NO (a) Uena. legactae, arinuNlfl and milntenance chlrgu to MilCh lrantftr 11 IWI,Itct • • NO (I) Olltervaluabll ~il•idtn.Uon tubJ•ct tQ land rranar.r ~(Httll ~ •••••.••••. f ;..· ___ Nrml! __ (g)VALUE OF LANO, BUILDiNG, FIXTURES AND GOODWILL SUB~!CT TO LAND TRANSFeR TAX (TiftJ tlf t-) ro ttJJ ••...••••• , .• L • • • • • t . 240,000 Do 240,opo 00 {II) VALUE OF ALL ·CHATTELS -H9011of longlblo pmonaf ,..,..~y ~~:_r::._~1..e::!"..J~-:~.,.~~ .... , , , ....... , . . . . . NO ( 1) other CQnlldm.llon tor JtWicuon not tnc:lut:l~ tn {g) a~ (h) l.bOWII . • . • • , • . • • • • • , , , • • • • .• • Nil ())TOTAL CONSIDERATI.ON , , , , , , , , , , , , , . , , , .. , .. , , , , , , , , , ,40 IVIO.OO NJ--.. -lA ...... "1111" ....... 5. II conlldlilratlon ia nominal, GUCI1bt relallon•h.lp behltftn ·nwr.ror ancr lriMIIrH and 1l&lt put poll ol conVtyancti. tn.l~ IJ !1""-''a._ ____ _ sw;, boloii nii li iho Oiy o( Loiidon 1011" Ceunty of Middlesex September Proporty·anrormoUOrl RooOrd ro98. · A. ~naMe otln•lrument: JT[li'OaJ.DSIS.!lifer!JliPeWfce.edii.J:IgLf,_.lau:nLGriL ___ ~--------1 B. (I)Ad!lrtltolpropeltybeJngeonv.ytdpr..alfebleiZ2..,4L7_.Bmmo;adi!G!j!IO. ,.. "l!--------~--1 Ddmnbuq Onrarlg N4Q 5'jl2 (ll)AJu•amtol"~ll Na. (ti~JNili!IQ!Laa!qneiSJiliWld'--------~-------1 C; Mlllllng ldcJreu{N) for tutur• NoUetl Dr AUutm"erit uncJtr lht Alllllmtnt Aot for PTOPt'riY bilnu eonv•v•d c ... bltwtl"" :.., 244 PaD Malt Stmer Surra 402 I nndm Ourada ·NSA. SPA D. (I) Roo~lrallon numbtr for llil convevance of property btlft:O convtytd (If~ (Ill Lag~ doaMPIIoil ol prop&f1Y eonvov<rl: Sam• ... ln·O.(I)'abow. . Yto 0 No llJ . ""I known 0 E Name(a) and addmn(H} af •aqh u.nrttrtt" .OIIcltot Maudce M Peliadn (lll2492) HARRISQN, ELWOOD, 450 Talbot Street. Lqndon, Ontario N§A 5J6 Solrool TAx Support (Voluntary Soo~on) s..·-. lor aplaildan [a) Nt all lndMdUal Uahti•rtt~ Romilli Calholh:: ? V.1 0 ND 0 (b) If Yet, do llllncrMduaJ tranatertu Wl:tl'l to bl Romat1 ca!I'Mme S.para\t School !uppartm t V.N D No 0 · (e) co alllndMdual trantftrtn lllVf Frencn L.lnguagt EdUcalton RlQhtl 7 Y" 0 No 0 (<I) H V•' do alllndMdUlllllhaf.reea wtah to .upjlorllt\t lffneflLinaU.O• 8ch1>0l ~ltd ('Ntmt tlfl.biUhtd} '1 Ytt 0 No 0 NOT<:.Aito JC) 1nd (d) lloolond -liu!olonwd.-,1 ..... ,._,.,.,. • ...,., • .....,. --.,-,__,.,.. dl-ln (•) ond (b). ...,, - 1lfiS AGREEMENT made this 8th day or September, 1998 BETWEEN: 11iE CORPORATION OF THE TOWN OF nwoNBURG ·and· (hereln;lfter caUed the "Town") of the FIRST PART OIAitCOMP DEVELOPMENTs INC. (hereinafter al!td lhe •Oevelopei") of the SECOND PART WHEREAs the Town Is the reaistered owner of cei'QJn lands located en the east side of Bidwell Street, In the Town of Tlllsonburr, In the County of Oxford, and belns leplly damlbed as Lots 901 in.d 902, and par~ of I'Qx Alley, Reilstered Plan No. 500, desiJP~~ted as Pan I, on !teferenc:e Plan 4 t R.-6262 (the "MunldPil Lands");· ANDWHEREAStheDeveloperlsthe~dawntroflandsfrondi!Jonitoadwars!l'el!tandllridae Streel, In the Town orilnsonbura, In llle CQ\JI'It)' of Oxroid, and belni leplly described 'liS Let 946 and pilrt of Lot 945, llezi$iered Plan No. SOO, deslpallld as Pans 2 and l, on Reference. Plan ._,lR-6262 (the . . . '• AND WHEREAS the Developer In confunctlo~ ~th the develcipm~t of the Charcomp Lands desires . addldonal parldnl on the Mlllild~l ~nds, and the TowtJ· has aiii'Nd to leU~~ the Munldpal Lands w die Develo~~tr forpar!dllg purposes on the basil that the Deve~ sha11, ~~ Its eXpense, constnJct ori lht Munldpal Landsparldngfacllldes aenerally as shown on che site plan atcithed as Schedule. "A" (the ~Puking i'adlltlti"j. AND WHEREAS the Town has agreed to malru;iln etrtlln parlclne 1\iciUties on adJoining ~ldpallands for the benefit of the Cbatcomp l;nds; . ' 'NOW:ntEREFORE lHlS AGREEMENT WITNJ;SSETH that In conslderadon of the IIIUIIIal pmnl!es, the ~um of Two Dollars ($2.00) paid by each of the parties to the otlier,w pureiJa$e b'f the DJVeloper.ofthe , Charcomp l;nds. from the Town, and. other good and valu2bht corulder.~tlon, the parties covenant. and asree a$ follows: LEASE OF MUNIOPAL LANDS l. The Town doth demise and lease unto the Devt~oper; and the Developer does 1e.ut rrorn the ioWn, the Munlclpat !.;nels, to have and to hold the Munldpal unds for and durlnr a !l!nn of Nlnety·Nlne (99) Yeall to be CO!IIlllru!d from the I st day of September, 1998, md condnuJna undl, and fully to tie completed and ended upon, the llst day of August, 2097,yleldlng and pay!nrthmfort yearly, . and evesy year ln ~dV.mc:e durii!J !he said tetm, unto the Town, Its successors and ~lgm, rhe sum of One DOllar ($1.00) peraMum. 'The Town acknowlec~&u rQCelpt of the sunt of $99.00 In payment of the rtnt. for the entire wm. · b) the drlvaway corutlwlld by the rishts-or-war loa&ed on, over and upOII that pan or Lot 945, uld· P~ SOO de$ I ~~~~a led as fi<lm l and 4, Reference Plan 411t...S262; and c) that part or Fox Alley, said Plan 500, desllllilted as Paru 6 and 7, rt.rerenct P~n 41 R-6262; lflhe Dmloper falls 10 rmlm3ln and repair as required by lhls pataar.Jph, the TowuhaU provide die required maintenance ;nd ~r. Tile Developer covenanu to h!linburse tilt Town for the COstS of· Sud! maintenanCe and repair within thll'l)' (30) cbys ofcompledon of sud! maintenance and ~lr by lhe Town. If lhe Dmloper falls 10 relll'lburse tile Town, Ill en !lie Town J!lall be endded 10 add 111e cost of wth wort to 111e municipal w ra1ti of !he Town. Furiher, ·tfie Town may r-eCover the cosc of such work duou"' any mean! pennltted under the IIY-faiW Oflhe Town, or the MuJ!Iclpal Act. 8. The IOWP shan be responsible for !he maln11nance and repair of 111e Municipal Paridnl Facllkles, such rmlntellanCe and repair 10 be 10 a reasonable llindard as stipulated In !his Aareemenr,. and In keepfni with tilt. standards for similar municipal paildni fac!RtleJ. Ui\81LJT"{ INSURANCE/INDEMNITY 9. The Developer, shaD, at Its expense, obQin and maintain In rorce. durJni !be term of il:tts Lease, public llabiUty lnsur3nce ror !he beneRt ~r the TOWii and the DM!oper, with dta Town 10 be rwned as an . additional Insured, such llabiNtY inSu..ance to be In wth rwonable amOIIIIis as may be iareed upan by. lhe Town aild DIM!oper from time 10 time. The DeveloPer iliaD Indemnify alld 1M ~rmless lhe Town as a result of any ~Uure or tl!eDevelo!lu.IO pei'f'orm any Of liS obllgatlom with respeC.t 10·the Parlclnr Fadlllies located upon dtt Municipal Lands. · OPERA. nON AND USE OF 1Hll PARKING FAOJ.mllS 10. It Is spedfteally ;aretd by the pmlu dtat: a) b) the we of.lhe Park!ni Fad Riles located upan the Municipal Lands and the use of !he Munldpal l':lrtlng FacUJdes shan be nan-exclusive tO the p;lrtles; tm: Dm!opu wiU not represent the Paildni Facilities, ellher Implied or expressly, u only being avalllble tar cw.tomel"l, employaas; contra~ and Invitee$ of the. Developer ;md ltnenants ~time 10 dme and shall nor, In any way, dlscoUr3£e odterseml!led to do.so fi'olll parking on tl1e Municipal Lands; and c) 111ere shaU be no parkln11 or other fees ch3rnd ror d1e we or the Partl!ii. Facilities or the Munlclpal Parkini Facllldes. RIGHT OF FIRST REFUSAL II. If the Dewloper recetYes.l'ronl a third part)' an oUer to purchase lhe Cha~mp Lands (the "Third P<~ny Offer"), dte Dt\leloper shall stve 10 ihe Town by nodce In writlnr, the riBI!t to purchase: die Chan:omp Lands at. the purdlase prtce spedlled In .the Third Parry Olrer. The Town shall haVe a period of dtlny (30) days after recelp! of such notice,· to exercise; by wrluen nodce, lu rleht to purchase the CharcOinp Lanils at' the .same purchase prtce ,peel fled In the Third !'my Oifer, and generany In ·ac~rdance wllfl lu tem11 and condldons, .save and except as foUOWS: .· • 5. TElMINATlON . 13. In the.event i:har, at any dme dlirfni the tenn oflhls Lease, huslnwopei.,dans cease hefnaiconduet!d on rhe Cha=mp La~ds, then ihe Developer shall have the rillhr. upah Jlxly {60) clays wrkaln nod~. to the Town 10 wmlnate dib ·~em. . Upan such tennlnadon, or upon cennlnadon or this Ave«nent on QXpll)' of lhe term, lhe P.nt1111 Fa'Cilldes 1~ upon lhe Municipal Lands shall revert ~d betomt the sole propt!cy' of the Towri. · GENERAL 14. NOthl111 Jn this Lease nesam me Town's poWers or expi'OPI4don or orher similar rillh!S under lhe Munldpal Act. I 5. . The paltfes ;cknOWiedge ~nd a,ret !hat the tennS l!ld provisiOns of !hb Al!'"menr, .lndudlnr, In pardQdar, ~11v.Jphs 2 ~d 10 diereot, may be ~ended In wrldnr by die m~l a~ment ~nd c:cnsem <if !he Town, the Developet, aild the tenant or !he. Charoomp Lands. I 6, The Developer shall he free 'to retJster nodte of ll!ls ~em and Lease' on dtle tO the Munldpal Lands. Upon the request of either~. the o!IM!r pany shaD Join In lhe eXecution or a noirce of this i A&i'eenltnt an4 Lease, or olbel: memorandirrn for the pUJ1XIl1 of iellstrallcm In the prolifl' Land · ' \· Rqtsuy Omce. ,{ ' ' .· . 17.· 1M Town shall not~ lherllht tO lfm1lh:lletlilsAPtementilrtOavalllt~elfofanyremedy.ptOvlded · for In dis Aareement llr at law, unless lht Town shall have· &tven to the DevetOIItr Writterl nolke of lheafifll!d default and the De'Jeloper has faUedwllhf!l a period oflhil'l)l {30) datu rut i'etelpt ohuch nodce to remedy sud! del'alilr, or lrtlhe ase ot mch dt!'ault as rS not o~ble of helnrremedied within sud! thll'l)l (30) day penod, If lhe DM!oper has faUed ~ commence remedylnr In mch default within niCh thll'l)l (30) day period ;nd J~~QCeet.ied lherea~r wllh rwomble dlllren'e and aooc1 faith !o complete the m:nedylilg or niCh defauiL 18. It ls hereby declared and a~ that llle QXp!'OS$lons "Town" and "Developer" whe~ver used In rhls A~t shaU, when the tollleXt ~I OM, lnc~e, be binding on .mel shall enure' w the benefit not orily of the n;med patdes hereto, b,ut ;liso their reipealve unaniS, suctesson o~nd assiJ!1S. IN wri'NESS WHEREOF lhe parties have exeCUted this Agreement as of ~~~e·ilar ;nd~ar 11m above Written. I HaVI! Authority ro Bind the Corporation '•. See Schedule Attached Nlmo(l) THE CO!U'ORA'l'ION OF '1'Ht 'l'OWN l.oo--:-- I.Qt 901, tot 902, tot 946, and Put: of Lot' ~4!), Plen 500, 1110re putic:ularily .. dasc:tiblild as Parts 1, ·2, and 3.ol1 ,Reference Plen 41R- 6262, in-the 'l'own of 'l'i~l.!Umburg, ill the County of Oxf'or4. · 0 I I" I .. o 0 0 o o o t I t f I 0 0 l 0 • I 0 0 o o I I o o 0 0 I 0 0 I o 0 I I 0. ~ I ,·., OF 'l'It.LSONBURG ....... -.............. -........ '. ············ INC. ···························· ................. . o o ~ o o I i 0 0 0 o o o o o o I o o o o o o I o o o o o 0 0 o o o I o • 0 o o o o I o 0 ................................ ················ 247 Broadway 'l'illsonburg, Ontario 200 Broadway, 2nd Floo~ 'l'illsonburg, Ontario N4G 5A7 .. ~- Schedule Ad4ilonll~l~•) -orOII!OrlniCII!MIIIon SITE PLAN AGBEEMENT AGRiEMEN'r made in Quadruplicate tb:l.s J..L. day of S'f;alemkc , 19'19. 'B E T WE E N: CBARCOMP DIM:LOPMEN!rS. INC. hereinafte:~; called the ·•owners" OF THi i"I'RST PART TSE CORPORATION OF THE TOWN OF TlLLSONBURG hereinafter. c<l].led the "Town" OF TSE SECOND' PART WBE11EAS The Owners represent that th11y ue :the Owile:r:s of. the lends described in Box 6 of ·the. Document Gene>:al to this agreement and .have applied to the Town of Tillsonburg for site plan approval 'llllcle:r' The P.lanning A~t, R.s.o. 1990, and amendments thereto. · . - lUiD 1lllmREAs the Council of tbe Tow is of the opinion that such land development' is net proper an.d in the public interest unless the OWners agree to perform the covenants herein sat forti\. · NOW '.l'l!lmEFORE, in ccmsideu.tion of the pre~~~ises, the approval of the clevelOinnent, and the sllln ··of ONE ($1.00) :OOLI.AR paid 'by the Town to the Owners, the receipt whereof is hereby aclmowledged, . and other consideration, the paxties ·hereto . covenant and agree as :foll.ows: 1. (a) 'l'he Owners agree that no building will be erected and no building: permit will. be. available on the said ·lands . until site .and elevation plans have. been approved b:; the Town or· Tillsonbur11 ~ . Said .site plan sb<lli be as ·shown on Schedule "A" attached hereto, as approved. (b) Said site and elevation plans shall be in such detail as outline.d, in the Town Site. Plan Control Blr-law nwnb.er 284:3, as passed on May 11, 1998. 2. The OWners agree. that buildinq or buildings will .be erecte(! in accordance with the plans as approved, subject Only to.such changes as have received advance approval. 3. The OWners further agl:'ee: that: (a) final grades and elevations will be establl.shed to the satisfaction of the Tawn; (b) all surface and roof drainage will be controlled on site and taken to an outlet approved l:iy the Town; {c) all necessary proviSions for service connections on site will be made to thll satisfaction of the ·Town, or the Public Utility Commission of the Town of T:Lllsonburg, as· the case. may be; (d) construction work wi.ll be carried forward expeditioUSllf in a good and w.orkmanl.il<e manner, in accordance with qoocl trade practice and so as to cause a miuimum of nuisance; (e) all necessary precautions to. avoid d\lst, . n<iise and other· nuieances <md to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act: s Schedule l'ag•--~----- 'l'llis agreement shall ensu:r_e to. the benefit of and be binding upon the parties _-hereto, their heirs, executors, administrators, successors and assigns. :rn witness whereof the said parties hereto, hav!! hereunto set their hands and seals and the corp_orat:l.ona . have hereunto . caused to be_ f~ed their Corporate Seals under the hands of their duly author1~ed officers in that behalf of this .J.rl:_ day o~f 1:.1.-; l9'1S. SIGHED, SEALED and DELIVERED 1n the preaBXP.ce of . C ( ( l''=CBAR=::::C:::OMP:!:"':DEVELOPMENT=::o::==s~INC=-. -- (RObert 'hahar · · C X Bave Allthc:ri ty to Bind the . ( Corpor&tiCXI ( '( ( ~'l'lm COR!'()D.'l'l:OlJ OF om£ ( 'rOWN OF TILLS ( . ( ( s -\ ~~·~. ~ "II i cp .. -~~Hi I I 1 00 [Q1 i/ PI r't I -~ : ~~~~ . II @ill : I G . ~ U· II ·~ II II I II II 21 11 f II 11 11 D II II II . . 'i fiNAL SITE PLANS AS APPROVED BY v II. ~ . . WPIO'IInet •• -· Onltf'O Schedule POmt f-Land Aallillradon Rolitrm AOI s Page_.._ __ Addllkmll P~ ldonllllo~ol ondlor O_l.;...,.llon (6) D•s~riJ!t:lon In tb• town of Tillsonburg, 11\ the COunty ot OXfotd, dee~r:l.bod aa follow11: !!!!mll Lot 946, Plan 500 for the .town of. 'l':l.llaollbu:s, :l.n the CoWley of O>cford, dee:l.gnatad as PARr 2, Plan 4lR-62621 SECONDI.Y: Pa:t of Lot 945 .• Plan 500 fCir tbe town Clf tnl.lonburg,. in the County· of OXford, <tes:l.pated as PART 3, l'lall 41R-6262; StniJ'EC'l' TO a right of 1111y over, ·alolli and upon Palt't of Lot 945, Plan SOO doaignatacl aa PART 3 Plan 4llt-6262, for the purpoae of· :l.ngtesa u.d egress of vehicular and pedeatrlan ttaff:l.~ to and fr0111 those parts of Lots 901, 902, 944 and 945 a11d thass pa:tts of Fox Allay, Plan SOO, desi&nated as Parte 1, 4, 5, 6 add 7, Plan 4lll-6262. tOGETIIEt!. wltli a liight of way over, along and upon part of Lot !145, Plan· SOO desil,l11ated as .Part 4, l'l:m UR-62~2 for the purpose ·of '1ugraall· and cgrcas of vehio:u1ar and pedestrian traffic to and fto111 those parts of Lots 901, 902, 945 and 946 and those pans of Fox Alloy designated as Pans l, 2. ~, 6 and 7, Plan 4lll-6262. . .. .. .. . . .. . .. . . .. ' ., .. . .. . . ,. . ~ . . . .. . .. .. .. ' ' .. ···: . . .. · . ... ~f 0~ a:\JI fi?::> '""' .it q ·, ·• AGREEMENT OF PURCHASE AND SALE 4 PUROW!~:R _ __,. :;C:;:· h':n~n;~o:Om~o<:-"J':nf.vS:e~st':'m';r~n~t..,s';;ll'ot.~imw.Lit._,,:.,d;-;;;;;;-:--,--:~-------~ nltcrs ro buy rmn• VF.NOOR. ., Ths Cornq,rntion of)heJown oLJillsonbt!11,l rltm~~gh v .. dor~. A(l~NI', • . : CniiiiiDJinS!l.m.m~rtlp[~i:!.ltY hll'. . lhc rollowmp (l'krtl....,r'~ Agtnt,l (Vtndnr's Attllt/. I'ROPI:!l\W: (runUng un rho ~aiolo of Broadway Street known !11\lnlc.p:tlly .. '!nCDD! Lands in lhc Town of Tmsonbun:. and luninp drnorali~ ot See Attac:hed Schedule "8'' m~ or lm bp ~Jilh or See Attarhed Sfhedulr "8" 111drcorl.,.nndd<,oo;ri~••• The lands shown on Schedule "8" as " Lands to be Purchased" which shall be dctcnnlned by survey prior to closing but shall conlnln approximately 112' of frontage. and 180' d~p being approximately l!J.l60 square feet. . ATTHEPIJRCHASF.PRIO>OF: -~ Two Hyndrcd and fortv Thousnnd Do!Jars ·• -~ •••• • ••••••• • (~ nn the rollowing·rcrm,:· . '--"": . I. l'urch~""""butlas ""'""i"d.bolow Flv,F Thousnnd Doll !IrS•.-....... • ~ • -• • • (~ by ohoq ... pu,•"Dblc loO.na<li .. Commo:r<lal R<all)' '""·"In Trull' woad<t>OSJtro behold "lnTru>t" po1tllio; ... l~nninatiun «lrlhi* Av.m=mCm411d ttJ ~ cMlilcdt('WardJ(\he: Pu.rcho....., Pri.;can cOn~plc:tion. 2a. Pu.rchaser ngre~ to pay the balnnc~ of the Purchase Price. in cush or by c;cl1ifier.l cheque, subjc:Ct to udJUHtmcnt. to tile Vendlll' on clo.~l·ng. Schcllulcs "A .. I Purchasers Cil~itioriS • atiacbed hcie!O 'shall form a .part of !hi~ Agreement of Purchase and Sntc. . . • Schedule "B" • Site Plan ~ attached hereto shall.fotm a part oftllis Agreement of Purchase and Sill c. Schedule "'C'· J\Jtemadve DcvelopmcntPatking 3. l'lu;lm.qrMdVandurnll""'lhll niJ. C>i>dlng li.<IUIC.\""' i~~<luclc:d In thi:'ptlldlue pric .. <.'lccpl thooc li•lod hcrauitdcn .J:ifA.Jllld lllar liloMiow...~ cllnr~elo ondocludod in lhc pur<hrutc rrice: i.Y!I. . ' .1, 5 . . 6. l'urchlucr ~hall be olloW<Il 7 days prior to ille closing or this transaction .o.-ino lho title 10 tho propc~. Rl hi• ~ c.'I""IIC.Io .. ti.Cy himsclflhallltcrc ~~n:!IOou~undins w01kotdorsnlto<:dftlllh• prOP"fff· lhal iu P'"'on' ""' Commen:ml . may bc la'!'rultY <onlin~~<d. ~ 1liar ihe prinapol buildina rtrAY bo iosurcd agllin•t risk or rife, 7. l'rtwlolod rhot 111e dUe to th• rr<>P<rtY ;, &nod and r ... rrora nil, on<llllliiranco. ex« pi ror <1ny rnlhOI' casom1:11u •• l'Ubilc ulll!tle" ·roqut..d.r.r U.. SUJ>Pil' or domeilic uUlil)' ,..,,,., ro tho prapel\f,· It wllhln rlli lime ·liJiowcd for c.'WDinln; 1M ·uoc any volld abjocrlcm 10 rrrt .. nrroon,)i·o ... c,nlling WtlJkordot,or.ll) tha I•clthas.ildJlf"""' ... m.~ nollowtully bc o:Ontlau..s. or UIIIL tire prinolplll building""'~ ... be 111l'Ur'ed ogai!UI rio!< orn .. l" """"'In IVri~n; lo Vcmlor IUld whlc:h Vendor, Is IUUibiO or unwllllas lo ,.., .... lom«<y or sarllfy ond which i'urobWr will nat wolvo, thl• Asroomcm. norwilhstondlns· nny lntC1111C<llote ..,.., or ncgo1iotion• In"""""' ot lll<h objecUon.<, shall' boat 011 end 'II moniC. !tierotofoto JN1ld Jlinll be ,.wm.:d wlilloulintcrcsJ or deduo~llltlll1dVenclorMdV<ndofs Agcntslllil nor·bc li4blo lor111y o:o.ou orclmnoGco. s. ... .,to otl)l volid objr.'lion ao mtlllcby ""th doyand...,opl rorani"obJ~•·ion ~olng 10 lhc:I'OOI ;,r·tha 1iUo. l'lirclta!el' shoiJ. be ooncluolvdl)' rlecmod ID hnvo ae<Opterl Ven<Jor's ~lie Ia lhe property. a: Xlto 'tandnt llp·esvaw nr4 '''IA'UPt..··tu !h l"tJrcliA!!Fr cliRt 1llt" b"'1diii:t~r mud. i.D oua.,juan·•Joaa '"''tb 4ln fPfiJI'o.rt.' t .... , ~al httN A11 ai cbe· ffalu er uAZp1•'1a•• llitmhu;,&t wl'l:! · Lt 1 1 V~t••n'iltbf'll• 1'1111*1 ·yp~ ~ l''n"lchd thp' "'1zl b'rihlttrJt ·(-· A par of .YIIU"'plt unit 11"fhUAJl '.h'r ''IL'Q;;"IAI!' dua'l OJIIy nuptf 'a 'lmt partie cf titu b"_'ldlttR whlt.tl ht ,;ubjed to ctlfF •nnuftl n "th'r te>:tnentf chu" R!:rt'i"r Ull IAI MIPit hi .'h UMPitiiGR llf tJih; U'IIAIIIItiAa, !I. Vmdor and Pun:ll4."" ogrcc lhallhc"' is nocoadllion, ""~''""· or implied; :•:pt.,.rilnlion orwan'iU>Iy of lillY l<ind U..t ihdunuo intcndcd .,.. or the (>A•p<nr. ·It)' l'llr<:ha<et I• w will be ~'"1ul ~'"Jll ~ mR)' I~ speo!Ocully .~pulnlcd <IRw""'• io this agrccn1c11~. 10. l'urchu.<Cl' ohnll not eull lor 111< rwducti<ln ar ony tide ck:cd. abirnlc~ survojl orl>lhc:r cvideOO: of tillc 10 !he pru(ICIIy c.""pl •ueb .. aro In rhc ..,., .. ,]an qr.coriln~ o( Vcndor Vcndor·•SN"' rhul. if N<joe<led by rhc l'urcllasor; b< will dellvcr any sketch or >nrvcy ol'rho prarcnl in hi•JRU.<c.,ion orwiUtln hiHontml 1np..,.....,.., $non lltCPl'S"iblc and prior to lhc la;t cloy llllowc<l lurc!<l\minln~ Uric. In •h••·/$> ll••t udi!Chnr~culany ""'"Y"~'C\freharso held which is nol lo be .,,umo by lite I'UII!f"""" on ~ompltlion, _is not 11\'lliitubh: in n:IPstr:~bl~ ;torm nn cornph:don, lltt:: t\lre.Ja;.~r:.src:~ to accept lhe Vendor'> f<Jii<:i.Lor's .pctllonal undaukins 10 obttin, ow or a ... cfOllins f•""'·. rlbclmJl;o "' ..... don or ch;ugc in ro~'istmblc rem> and to real•"" ...,. on Li\lc !A~Ihin n'fca!IOdDblc: P'!tiocl or time ofletwmplcllcn. ph3\'idcd .Lhnl OA ar Ware C'ompletl:on the Vendor .lui:J pTO"idt 10 the l'ur<l••••:r • mnrt~P9• •ulcm""l piqmr<d br !he monps•• ocllins 011r the b41MCC n:qofr<d 10 obuiln the: discharso. ,,'f "'ith •lllroi:•inu .,. .. utm~ by lho: Vcndordirec~ns J'IYm<nt to lllo me<rpall'•· o(lftc omoun1 ratuin!dlo ohtoin tlli di«Juo-s 01or!'( thc bahu1ec due 011 ccmp1~11un. Between: SCHEDULE "A" Cbnrcomp Investments Limited (as Purchaser) ~and- The Corporation or the Town or Tillsonburg (as Vendor) · This Agreement· is subJect to and conditional upon the foll<JWing conditions being satisfied on or before Aug:u.st 7, 1998: la) The Vendor completing an OtricJ;al Plan. And Zoning amendmimt for th~ site to· a11o:w ·fur the Purc:baser1S iolevel.opment. lb) Tbe Purchaser obta·ining or being satisfied ·that Si.te Pl.al'l Approvals. Pendts, Devei,opment Agreements, Building· Pe.rmits etc. that may be required by the mu.aicipality and/or any other regulatory body. are available to the satisfaction of the Purchaser. for: the construction and development of the Purchaser 1 s pr.oposed cOIIIIIIercial{retail development. Tbe Purchaser must also be sat:lsfied to his s.ole and absolute. discretion that a ·Lease with· Kelsey's Res·taur:ants ,is available for the new proposed .development. undel:' t:eMDs and conditions· satisfactory to th.e Purchaser. e) The Purchaser being satisfied that there are no contamination 1 s existing in. the soils. and that the bel1ring qualities of the soil are suf.ficient for the purposes or the erections of tbe structures for which plans shall be submitted to the MuniCipality. the Vendor agrees • to provide any soil test 1 t may have. · Tbe Purchaser, its servants and. agents. shall have the right to enter upon the lands herein after acce)ltance of this Agreement to make soil tests and the Purchaser shall repair and. restore the lands· to their original state i111111ediately following such tests. In order to facilitate the approval or the Site Plan,. or ·any other rtecessar:y approvals l'!!!QUired the Vendor hereby' appoints the Purchaser i,ts agent· and eml,'lowel'S the Pu.rchaser to execute documents, prepare a:nd deliver submissions, and to do all and any other thing·s tha.t the Vendor would hove been required to do in order to achieve such Site P.lan or any other necessary !lPProvals for the land herein. Fur.ther. it is agreed that all such activities shall be at the Purchaser's expense and Purchaser shall indemnity and hold harmless the Vendor or and from any and all liability or responsibility with respect to such activities. Should.this Agreement terminate for l!nY reason. PUr.chaser shall execute \ - l :;~" -:-/ ,. ,. "' ' ~· conrirmeo within GO days of acceptance or this Agreement. 8. JoJ.nt Develo(lllent;Aeeea.s/ and !?Drking Agree•ent; It is the intent or the Purchaser and the Vendor to enter into a Joint Development Agreement of this site,·~berein the PUrchaser ngrees to build the Kelsey's Restaurants and colllplete the site work on the lands to be purchased. 'A Joint Development Agreement and Reciprocal parking and Access. Agree111ent will be agreed to by botb parties within 60 days or the acceptance of this Agreement, and ~~mong other things wtll. contain the following terms: a) The Lands to be leased by the Purchaser from the Town or T:l.llsonburg (a$ shown on Schedule "B" Lands to be Lea11ed). shall be ror a term or 99 years on an absolutely net and care free.lease. yielding·$1.00 per annum. These lands shall be noo~exclusive to the Purchaser· or Kelsey's R.estauraots. · b) All lands to be provided tor parking sbilll be: (i) (ii) (iii) (:iv) (v) {Vi) Constructed at· the Purcbe.ser's cost and expense. The Pu~chaser and/or subsequent Tena~t shall be responsible for ail the ·maintenance and repairs or the Lands subseq!lent to development as parking. Any lands· provided for parking as .sbown on Schedule •s• attached or on Schedule "B" as revised within 60 ~ays, sball ·remain a parking lot fQr at least five years from the completion· date: after which the Town may develop the 'site. subject to predete~tned parameters, and subject .to the Vendor replacing any perking deleted wit.b the same number of spaces in a mutually, agreeable location lncluding the ss spaces shown on Schedule •o• attached. The Town will contribute half or the cost ·or develop~ng the non-exclusive parking up to a maximum or s2s.ooo.oo. The Purchaser and/or Tenant shall be responsible for the taxes on the parking lands. Lands Retained", Schedule· ~a·: A lease "'ill be entered into ror the "Lands to be Retained" for parking for a term or five years with options for extensions should the Town not {0 'v Schedule " B " To: Purclmse and Sale Agri!Cmcnl Between: l'urdu,.:r: Vcador: Add,...., Charcomp IIJVCSimcnts Umhw The Corpomtion or d10 'town oCTiUiOnbutg VnCIIIti.LandS-SroachVII)I S~. Tillsonbutil, 0~ Ssbcdufg "A., Paqgt=uzbfl!l. Clvl The rallowing4D1Cildnu:m islo Conn part oClltc above rcl1:ircd A~ ot~&nd Sale: NOW mEREli'OIIE W1TNESSE'tli llial in c:Onsld~ ~r mulllal p1011li5c$ IWi olhct aood 1111!1 valwwk: coBSidOIIItiCA. !lie ~pi and sumoicncy or whicll is hcrdly acknowloci&QI.lltc palllei Jactdo DgRclblillhc ionJJSIIQd P117VIsioi15oflhc Ag~CemCIItli!C heti\ly IJQO.QdcdiiSfOUows: . PIC1$CDclctc:: The Toiwn will C:OnlnliU(c hair or lhc .cost or dCvclopiag Uto nortoecC:CilSivo porldng. up to a ina:dmwn or m;oou.oo. . .. JZ. \ --!1!--,, OntlltiO Docum9_!1t General Foitti4-t..tndB""-IalrotlonAo!onnAcrt -"" D 426384 ~w~;;dA+!' · · · .... 12 • • • • • .. ~ ... • . . AE~iQISTRAuuN · (4).Nalutwci1Dooumonl NGtlce of Lease (Subscdlon 22(7) of the Act New Praporly ldonUIItro =-II; 0 -~ ..... lltonll:. ... 0 - ~, . NQtiCe of Lease attal:bed. (5) Conohllt.UO.. Dai!IISS (6) Celcrlp11on t:az g 1 , ' 1 !!P, Lot 946, and Part of Lot 945, Plan soo, mure particularly deScribed as Parts« 2 and 3 on Reference Plan 41R.QS, Town of Tllbonburg, County of O!d'ord (II) Rldlicrlptfon 1 P>) Sehodu!•IOI: -Ntw l!utmtnl ·1 Adcll1ktllll Plln/Sirt101t 0 i Dacllptlan 0 · POriiH .. 0 Olhor 0 (7)~"" Contotilat Conllmrocl .an llollodule 0 .·:-.:·>:,,;;;O);-;P;;:orly{l=aaJ:-:;-:ISot;::-:..,:::,-:;:Sio~wa=Qr~tn:::tott=llll:----------------------....:..---"""' . Nonui!O) . Slgnituro~) C.~ at IJg'lf"re 0 I I ' ··---.~ .............. ~ .~ ................. ,_ ......... ~ .............. f ................ +--.. J ....... . CHAB.CO.MP.,DKVELOl'MENl'SlNC. -. ........... . (LesSor} • • 1 I I ""-"'"" ....................... , .................... -....................... -... f·--·-"·"i'"''"'j"""'"" ........... , __ , .. , ... ~0-o<H"'-""''; .................. , ............ .,Hu•'""'""'''''"O 0 ... R.~ ""~'' "o l .! f ,, ~,.,,,. •• , ~ ,,,., .. ,; •• ., ...... .,,.,.,,~ ..... -·· -"'""·' o• "''"'~'''' ,.,,_,!,,.,_,,~.,..,~~""'"''••••~•" .. I I I i I I (11)Addrua rar s-.Ico :z44 Pall Man St •• Suite 4112 London Ontario N6A SP6 · (1:!) PO!IyQoo) (Sot out Statuo cr -~ \ .~&~oLD~ss.mc .... _ .......................................... ~ .... a .... ~ .................... j .. :J!~~t ola Kelsey's Restllllrallt Per. .. i j ! ~~~~NE;-mwms ·········-...................... James.C8mpbeii.BlO.Im ..................... -+-··-...... l ..... :-···"· ................................ -. ................ ~. "'"""'""""."""•••"•"•"" ....... , ...... _ ... _......... "···-· ................... _ .................... ······'· "" .............. _., .............. .-!""""\:": ... . :<1"1Addroo• : 1"' Sorvtco 450 South Service Road West , Oakville. Ontario L6K 2114 (14) !!unlclpal Addma of l'rapo!IY (15) Doo.,.,i Pnl>Mtd by! ~7 Broadway, Bl'lllfll, Saufone, Hawkins· Tillsonburg, Ontario Barristers and SolicitOn . Suite 10$0, 120 King Street West .Post Office ~ 926, Dl!pOt One flamUton, Ontatid UN 3P9 James C. Brownlnm Fw .. naTex Riglotratlooi'H So .. ~ 0 ,._, "''"' .:schedule POMI a-Land llegl-n Aolotm Act REGlSTRY ACf NonCE OF LEASE NOTICE is hereby giv.en pumaant to Subsection 2%(7) of the Registry Act, ot iln unregistered agreement to lease dated tbc 18th day or June, 191l8, and any subsequent lease prepared in accordance witb such agreement (collectively the "Lciase"), made· BE'l'WEEN: -IU1d- CHARCOMP DEVELOPMEN1S INC. (herelnafler called "t!Ml Landlord") Kli:LSBY'S HOLDINGs INC.· ctpmlllllg as Kelsey's ~ (herdnafter caUed "the Tenant") s .: atrectil!g tbe ~d dcsq1'bed in Box ((j) In tbe Form 4-Doeument General attac:lled heretO and deplcted.on. · .the .site plan attached hereto as Schedule "A" (the "Demised Llmd" or "Premises") · · 1.,: · Tbis lease shall have a tenn of Fifteen (15) )'ears from tbe. Lease Collllll.enceJJ)ent Date.· which shall . : ·be. the earlier of th" expiry of the F'lXtUting Period or the opening by the Tenant of Its b~ess in .. .2. 3. . 4. ·and from the Leased Premises. · The. Tenant is hereby granted a right to extelid the teriu of .this Lease ror one further term of Five · (5) )'ears. . , . The address or the Landlord Is: : 244 Pall Mall Street; ·Suite402, London, Ontario N6ASP6 The address or the Tenant Is: 450 South Service Road West Oakville. Ontario L~2H4 . The.-Tenant is prepared to produce tbe lease to which Ibis notice relates for inspectloli by any person who · can establish that he has an interest lu tbe lands described In Box 6 of tbe Docwitent-General. Dated at HaJDnton, In tile Province of Ontario, this 14th day of September, 1!198. UlfOIIDHIU•Ii~ ..._,.,. KELSEY'S HOLDINGS INC. By Its Solicitors BROWN,. SCARFONE. HAWKINS Per: .t:J/!Juf? <e ~ ~.Brown . .;!::;--~" ,,._,........ Aflldalllt o1 Residence aild or Value of the Consl~n o. .. JtiOo/1/n-on monulrlo t.e"fW6 • .Form 1-Land 'J'ransfer'nlxAQI: , I!N THE MATTSR OP T.HE I;:OHVS•ANCt o• ~--~-.. ot-~Uart.Dt:.J.ot9AS,.J!IaD..500-mD~~_descrJbed.as..Earts .... ,2..and.l,.Oil.RefetCIJcil.fJan..4J.R..-6262rTo)I'.D. oF Tillsoub••ri, .CoUQ~t..O.doa;cL_ ~·~·~···--------· ~-----~­•• __ , .. __ .,...,J:JIAR.CO~E.\!ELOPMFN.r.S.INC.,.:-~------------ To --... , ___ ., .. ,__, • ..., JCEl.SEV'S.HOLDINGilNC •. ---------------- . I. ,_, .............. __ o) .. WJJAMES_CAMEB-ru::L.BRO~.---·..:._~~----------- M~KI DATH AJIO &AY THAT: 1. 111m lP' ..... $«.,.,......,.,...,....,..,_,_,._,.e~.-,.,_,,..,.,.,..,.,~.,.CJ¥Hif1,.,..~n: (•"~'J CJ ·.fa) A P:'llQttltf lnuJ IQr wttom IM.Jand conveyed In lhelbo\IHo.tcttbld Conwyanceli Min~ r:on~. 0 (0) A I RillitO nllrtltlln tnt ~Mibed CGttVIt\ltlnc• ta Whom lnt fend 11 btlnG ~:tnvvroll: 0 lel A lntnalom nimed 1n liM lbeveoOJICf'l.btcl COfiVIVInct: XJ (G) Th~aulhDrtlOdllllat:lrJ.OIItllorac:Ung lnttiiSlra.rtJRitontGftHNwr--rt~.r,.ltroJp.al(•fl~"-------- . . ~Gttbt41ni*OOmpil(t) .CK), (D9. CC) lb0vt:{llrh_,~ ... ,.,.,..,.~ . 0 (o} tn• Prtildllll. Vfce-Pru~ant. Mlliulgat. Sllc~III!Y. Dlrtefar,or ,.,_ll:!tmr SUIItOtllfG tfJ eel tor,,_,,..,., .t~•JJ~· ------- ------------'--"'~lnptt.gr~pncat Co), (1>). (c) ilbovti~illll',..,.,.....,,.,_,.,..,....l. 0 {1)·"/Ji.lran&rlrHG•Kdhellnpuagraphf )tlffMfMfreM.,,.,_,.,.l4toi•I•I.,...,_.,~IMiinmalc.ln.;lf'llllrf#4mlanmy"OW"Dflldindon UlhiJIOitJ-wf~~~~MMt.,..,..} l#rho .. tft'/•pouMctHCIItHIId lnportgiiP!l( ,_.,_oi_IO/.tbJ•r•i-u-1 onauJUcn,I...;..,.,. • .,_IOdgtollhioli.CII_n_to. 2, (Toblr _____ .,tno_l'wltHI ___ ,Iioll}. I n.av• rtatl tnd con1hio~ lnt dthniUon or -.tngtt family J'l:l.ldlftCl" n1 atrt In c=~"U... 1C1 Ute) or tho Ml. 'lbi!Af'ld conWVfd, lh U•• a!IOft.ditterlbM conwy.~n~ Cl ""'"",.~ IIIII.,. .,;, no! ,..,.,•••lviOirnvr• tamll'f."""'-· Plott: Cllllll2(t)(d) ~-onlddlllonll tUatlhl fllo olon""""l "-""' CJ don nOI eontafn aJinglt.lamtl)' rnleltnee. etm UP.O" lht value ot conlidmtlon bt .-.. ~ 1400,DOO wMre M oorwttertat 0-C®llln& rn01e I~ l'o1lo ~ f•lrilty rUlc:Umcts. t ... ~'I Olrnlltnt tll.at on. and not morw bn IWD aln;l• flmll, tMIMnof:llo ;), 111M rNd bnd eo~tclftod.lt1• d.tlnMion•·~:u "iion•,.•hant ~ anc·"nan·rtloiUN JMI'IOn"'-101 01.11 tttptttillily In a.um 1(1)(111nd (gJ OllM Acl IU\Q ••en of U'Kt lolf0¥ring PIIIOM to WhOm or In INII tor Wham lh• llrid 11 being cameytd 1n rn. lbOvfodHcnDtd eonvevan~ tJ a 'IK)ftomfdtrd corpoiallan• ·14. oro'"non·tatliltnl_ptr'IOit"' ...... lcn&tln11MAcl. , ... ~,.....,.,None._ . · · · · o' . C:_~.t. THE tOTAL. aCuaSIDIRATION 'OR THIS '1'RANSActt0tt tS AU.O.CA'I'ID AS ~OLLOWS: _!0::~ (arMorllnpqklorlotNpatdlnct~t1 ~ •••••• L ••••••••• , , • , ••• ,', $ ~ z (ll)Mor1aq•i (I)Ao"""O<I ____ , .... _., ___ ), , S --ll!iL... · (II)GNtnDIIC!Iil.lowl'ldor. , • , , , , ••••• • •••••• , •• ,, S -..Nil- (e) PI"Gpmy lhl~t.rrtd In •X'Chan,. ,.,._, aw.-1 , • , • • · , • • • . , , . , • , • , 0 $ --Nll...:._ (dl.$•"'"'~"'""" ....... , .. ,_., __ 1 ••.•..........•. · •• ,_............Nil to) uoru. t~ldn. cnnu111aa Mel IMinl1nanel' ali.,QOtiQ wNen tr.nater 111o autr~Ct • • • , , NO (f) OZIMr ~~uuw conaktamUon ini~}Ht to land "'-"''•' tax (hfaJt k'owJ • • • , •. • , , • s MJ (g)VAl.UE OF LAMO,:BUILDINB, PIXTI.!AiiS ~NO GOODWILL SUQJ'ECT TO LAHC fAAHS.&RTAX (rofoloi(O)to(l)) , , , , , , , , , , , , • , , , , , , S -·-·-·-.-O.Oil S -~~_,.Q,_,[lQ..._ (!'I} VALUE Ot: ALL C::tiATTI'-1 -· ntma ol Jnglt!l• p.rwDnlll pJ<Opel'ly -~~:.#w~:J:~J.tfls,~.,.~~ ... '.' ...... 0 •••••• (I) Olhor COI\IlaOtaJIOII re~r tllnutiiOn not t~ueled tn· (gJ or ~) alxwt • , - , .• , , •. , • . • • • • .• • , , • • • , $ . . Nil Nil Nl-....... ,_.,.,. . (I)TOfAL CO.NSIOtAATION • , , , , • , •••• , , , , , , • , , , , , , , , , .• , , •• , , , , • , S -.A._Qg. &. It COIUilHmilon 11 tKIII!an'al, attcrftw NlaUonarup o.MPl'l trantrotor lhd ll&nlliHM 1ncJ auu, purpoit oT canwy.lfttt, , .... ,.....,..,.... a,t l.qndlord to tl. lftM conlldOrAII(Ih IS nomlnal, 11 lho lM1d IUbfat:IID I?»' flft~m~? .nf.a. · . 7. Oll>lr """"'""' ,,..., .... ,.,.. u nototllfl' • .ll,te.Lease.Js..nolsubjed.Jo~tax.beamse the term, lndu~e.wals,... cann~)..);ears and thece.b.dng.IIO.:option..to..pJ.ltCbase..:,..ursuanuo..sedion.l..((i)..l)[.tha__ A.~------~------------------~~--------------------,.... s ... m .,,.,, m04llh< ·City of Hamilton l m1111 ~egiooal Municipality or Hamilton-Wentworth . ~ ,,.. . /If . "'or September ,. 98 ~-1h-L<~.....,,~~·~... l ~0'1 . -' .. ···-r~~~~""'~ .......,._~---..._ ___ _ ACommr .. ronlllotll~ng ~1111<. · lrB""""Scotoot.Hoo!b,...._a....,. -·1 ................. 'r~ ..... 1"'. 'R ... wn Proporty lnforma~on !lacord For L.ond Rotil!ry OIIIH Uoe Only A. OOICTt~ NltUro ot IMlrutn.nt: Leas~ B. (I).Ac!Oroo o1 piOj!tlflo """' ~"ve<'IH_,_/2.41.llr.nadw.ay.,.ilnsolihurg RoglijniliOI>NO. '·--· {li}Al•n•m•nt ROll No./ll...tl&lrltJn/a --c. ·MIIlJilg addron(") lOr Mur..fltlliC.I Cl AUHtm•nl vnr:lvrtlfe AIMJSmO!II ~I lpr proptity bolna "'""Y"" ~ -..712!14..Pa1l.Mallt...-S.ulte.AO:,.Londoa...Ontario.N6A.. AtgtllldoiiDI~ r .......... -... SEQ . . . C. (I) Rogl&lta~n n~r for PQ1 ~oavoyanee of PfOJ*1V !Jolng eonvt)'td (II Hllribh) nla._ {li)LOg.IIGIKtlj>Uonotproportycanvoftd: SomO .. InO.{IJ....... V>li) ·HoCJ Not-nO · E. Namo(1~ and GddlfU(aa) oJ Heft tlaMfltft'IIOJICitot .J!.(O)m...5,(aJiqn,cJjll.'!(l(inp~Q.at:d§.t~r.t,l\!)d.l!.qHc;,\iRQl. -·-·.,-.....,-..,....~,.,--------§yi~..Jll2Q.J~JllSJn..&.§~.!JY~!...l:g,o;LQf.f.t~~Jilg~...2.~6.P£PP.I_Qil.e,,f;lJJQC!Jl.rnn...Qt)~;I.~[o_Y\Ii.~.t9!-_____ _ $<hoGI ,.., Supp«< (Voluntary 1!1ooUon) he ....,roe lor .. plonaU... {0) Nt GlllmfiYli!IUII lm.nlltr .. t ADMan CethOIIC ? Yet 0-No CJ (b) II Vot, do allln~IVkiU:IIIflln&fttOU WJII'I 10 bO' Ftoman CtilJIOIIC St~ralo SenOOI SUpponttt ? VOl Q No[] (c:) Do all.lnttlvld~ ltlrlllttOII flow Froncll L.llngiJI!I;• Ed~c&l~ Al"hll 1 Yet 0 ND tJ (a) li·'I'OI, do Cllindi'I'ICIUDI lrDnafOICIIII Wtlh 10 IUPPGr:llhD Pnnch Langua.gt 8ch00llfolrd (wfttrt oJtatJlllhl'd) 'l VII[) No 0 NOT!: .... (c) And (11) tllo ~nd btfng ~--wiU bo olllgntd "'"" Pllnoh PlJbUO SclldOI-or-•-lllholwiN Ul...tl<l In(") lnd {II~ ""'"- s Schedule Form; -Land Regltlllitlon Roform Acl Addlthmal Properry ldOIIUIItr(a) artrJfar Other lntonnoUon CHAP.CoMP DEVELOI'MENTS INC. (hereinafter C.llled lhe "Tr.~nsleror"), IN CONSIDERATION of other good and valuable conslderadon and tile sum oflWO DOLLARS ($2.00) paid to It, tt.lnSferto THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter c.1Ued the "Transfere~~'), the rlihtand easementln, lhrouih, undel' and upon llle lands doscrlbtd In Box 5 of the Transfer of Easement to which this Sdiedule 1$ ;iached to construct, ~nsUUCt, repair; clean, malntlln,Inspe" and use as part or the sewera11e system of the Town of Tll~onburg and as appunenant.tilereto and to llle hlibways In the ownership of lhe Tr.nuferee, and ror all dmes hereafter, a sewer or sewen or such kind, size, l}'pe and number as the Tr.msferee may rrom time to time detennlne necessary, . TOO ETHER WI1H the full rl&ht, Uberty 1 prlvllep and easement UntO lhe Transferee, lu sutcmori and asslins ;nd Its and lhelr servanu, agenrs, work people, conuaaors and others· designated by 1~ and them frOm time to lime ~nd at 311 limes fote"'=r heruftllr, to enter upon the said lands wlth.orwtlbout tools, ma,hlnery, equipment and whlcles, for the purposes aforesaid. · . It shan be lawful for the Transferee and Its succesiors and asstgns to exmtse and enloY the rlshu, liberties and privll~ hereby gnnted without bellll Uable for any lnterfereiiCe, ton or use or lOis or profit which shall or may be chereby caused to the said land.! or to die owners and occupleiS thereof rrom lime to dme, and the Transferee shall have the riglit to cut down and remove any b111Sh, treeS, shrubs, fences, pavemeniS, ramp1, curbs and other ob]ecls 35 may be necessary or convenient In the exerclie of lhe right and privileges hereby mnte~, and likewise to excavate and remove tlie soli and s'urflltl!lil for the PUIPOles· aforesaid. · The Transreru COY&IANTS with the Transferor that the Transferee win restore the said lands to 3 condition approximately the condltlqn which exl5ted Immediately prior to each and everyenpY upon the ~Ill, eJCdudlnB the replacement of brush. and um.. . · . The Transferor' COVENANTS that no bulldln~~ or other suucture shall be eremd on or over the lands descrlbtd In Box 5 of me Transfer of Easement to whiCh this Schedule Is attilehed without the consent of ~·. Transferee. IN WITNESS WHEREOF the Transferor and The Corpondon of tile Town of 'Tlllsonflllrt have eJ~ecuted.lllls agreement. DATED the 1st day of Marth, l~99. ,,...,..~~:J.11it~,.•o•o•Mjl..., =-~~< Robert l• Traher P~ldent I have authoriiY to bind llle corpora don. ~" 1111102 Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: STAFF REPORT OPERATIONS SERVICES Noise By-law Exemption-Hwy #3 and Vienna Road Intersection Improvement OPS 14-04 LISA VANDERWALLEN -Development Technician COUNCIL MEETING FEBRUARY 10, 2014 VARIANCE REQUEST RESOLVED THAT Council receive report OPS 14-04 Further That a variance to Noise By-Law 3002 be granted for night construction to complete the median curb and surface course paving for the roundabout at the intersection of Highway #3 and Vienna Road. EXECUTIVE SUMMARY As part of Ontario Ministry of Transportation (MTO) Preliminary Design and Class EA studies, retained firm McCormick Rankin has been contracted for proposed works including the construction of a roundabout and associated illumination at the intersection of Vienna Road and Highway #3. To complete the work in a manner that reduces project duration and limits the overall disruption to the public, night construction is proposed which warrants relief from sections 1.11 and 1.16 of By-law 3002. Section 1.11 prohibits noise arising between the hour of 6:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following day from any excavation or construction work whatsoever and Section 1.16 limits the use of power equipment between the hours of 10:00 o'clock pm of any day and 7:00 o'clock a.m. Anticipated work overnight will require concrete trucks, concrete crews, paving and compaction equipment along with trucks transporting asphalt. Work requiring night construction is anticipated to be completed in less than ten nights in the summer or fall of 2014. To mitigate the impact of the overnight noise, the contractor will be required to keep idling of construction equipment to a minimum and maintain equipment in good working order to reduce noise from construction activities. Further, efforts will be made to avoid ) McCormick Rankin 72 Victoria Street South, Suite 100 Kitchener, ON Canada N2G 4Y9 t: 519.741.14641 f: 519.741 .8884 www.mrc.ca January 7, 2014 Steve Lund, P. Eng. Director of Operations Town of Tillsonburg 200 Broadway Street, 2"d Floor Tillsonburg, ON N4G 5A7 McCORMICK RANKIN A member of .#A'-' MMMGROUP Re: Ontario Ministry of Transportation-Request for Noise Bylaw Exemption Highway 3 & Vienna Road Intersection Improvements (G.W.P. 3045-08-00) Dear Mr. Lund, McCormick Rankin, a member of MMM Group Limited has been retained by the Ontario Ministry of Transportation (MTO) to undertake the Preliminary Design and Class Environmental Assessment (Class EA) Study for intersection improvements at Highway 3 and Vienna Road, in the Town of Tillsonburg. The proposed works include the construction of a roundabout and associated illumination. The purpose of this letter is to request that the Town of Tillsonburg Council grant a Noise By-law (No . 2482) exemption for night construction to complete the median curb and surface course paving for the roundabout. It is anticipated that concrete crews, concrete trucks, paving and compaction equipment along with trucks transporting asphalt will be required for the night construction work. The work requiring night construction is expected to be completed in less than ten nights, in the summer or fall of 2014. The above exemptions are required in order to reduce project duration and overall disruption to the public. The contractor will be required to keep idling of construction equipment to a m1mmum and to maintain equipment in good working order to reduce noise from construction activities. Effort will be made to avoid unnecessary or unreasonable noise during night work. In addition, the Contract Administrator will be available to address any concerns that may arise with respect to noise during construction. global transportation engineering Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: CULTURAL ADVISORY COMMITTEE AWARD OF CULTURAL FUNDS COLLEEN PEPPER, Marketing and Partnerships Officer; Staff Liaison to the Cultural Advisory Committee COUNCIL MEETING FEBRUARY 10, 2014 GRANT APPLICATION THAT Council receive Cultural Advisory Committee-Award of Cultural Funds; AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward events on Tillsonburg Family Day (February 17, 2014) including a free skate and swim. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval for the recommendation made by the Tillsonburg Cultural Advisory Committee for the disbursement of a portion of the funds available in the 2014 budget. The mandate of the Cultural Advisory Committee includes making recommendation to Council regarding grant applications received for cultural events in the Town of Tillson burg. On Wednesday, January 8, 2014, the Cultural Advisory Committee passed the following recommendation: a. "RESOLVED THAT $500.00 be the recommended grant to the Tillsonburg Family Day Committee for activities occurring on February 17, 2014. The application from the Tillsonburg Family Day Committee is to offset costs related to the hosting of free Family Day activities in Tillsonburg (Appendix A: Application). Cultural Advisory Committee Grant Guidelines & Criteria Please read the Cultural Grant Guidelines & Eligibility Criteria before completing your application form. Please note: • Not all submissions meeting the criteria will receive a grant as the level of support depends on the amount of submissions received and available funds. • A grant in any year is not to be considered a commitment by the Town of Tillsonburg to provide assistance in future years. • Applications should be submitted 3 months prior to an event/program. The Committee will review the applications on the first Monday of March, June, September and December. • Applications can be submitted in hardcopy, fax, or electronically. Electronic submissions should be signed or followed by an original version. For more information, please contact: Colleen Pepper, Communications and Partnerships Officer Town of Tillsonburg 519.688.3009, ext 3231 Guidelines & Criteria In general, Cultural Grants will only be awarded to initiatives that result in a unique contribution to the cultural life of the community or that promote activities in support of the artistic, historical or lifestyle heritage of the Town. Eligibility Criteria for the program are: 1. Funding will be provided only to non-profit or not-for-profit organizations and committees. 2. Applicants for Cultural Grants must be located in the community or primarily provide cultural benefits for the Town of Tillsonburg. 3. The organization/committee must have been in existence for two (2) years and/or have demonstrated appropriate experience/expertise. 4. Funding will only be provided to festivals or events that include the arts as a significant component of their programming. 5. All events and festivals must be open to the public and publicized (if applicable). 6. Cultural Grants will be given to supplement current operating budgets and to reduce or eliminate existing deficits. 7. All successful applicants must acknowledge the contribution by the Town of Tillsonburg (Cultural Advisory Committee) when promoting their Project/Event. 8. All successful applicants will be required to submit a final report with comments regarding the use of grant funds within 1 month after the event to the Town of Tillson burg Economic Development Office. Cultural Advisory Committee Grant Application Please enclose the following documents: Page 1 of 2 • A completed & signed application form (please ensure your answers are printed clearly and provide concise answers with brief descriptions) • A list of your current Board of Directors or Committee Members • Most recent Annual Report or statement of activities (if requested) • Your Organization's audited financial statement or most recent financial statement endorsed by two (2) signing officials (if requested) Return completed form to: Tillsonburg Cultural Advisory Committee c/o Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg ON N4G 5A7 Or cpepper®tillsonburg.ca Applicant information (please print): Organization Tillsonburg Family Day Committee Contact Name Sarabeth Strathdee Address Event will be at the Tillsonburg Community Centre Telephone 519-550-7425 Email Address i nfo~tillsonburgf ami l~da~. ca Postal Code Fax N/A Project/ Event Start Date Man Feb 17/14 Completion Date Man Feb 17/14 Date(s)/Time(s) 8:00am 5:00pm Project/ Even t Title & Purpose Tillsonburg Family Day All day free event for families of our community. -See Attached Total Budget for Project! Event 2014 Budget Expense: Amount of Grant Request $500 Rationale for Grant Amount Facility: $2800 Carnival: $1500 Kids Project &. Entertainment: Advertising/Signage: Admin Costs: Total: $1200 $1000 s 500 $7000 Item Amount Comments Family Entertainment (Reptile Show) &. Kids Building Projects. Kids will have opportunity to build a planter/keepsake wooden box. However, there currently are many needs for the day so the money received from this application has the possibility to go towards any portion of the day that Committee prefers. Other sources of funding to be received for this Project/Event Federal S Provincial S Municipal S Private S 1000 Other $ _______ _ Total S 1000 (amount raised to date. Fundraising is happening now) Please list how and where the Project! Event will be promoted I advertised Local Schools, Local Cable, Community Billboards/ PSA's, Signage, Social Media &. Website ( www. tillsonburgfamilyday.ca ) We are open to other suggestions and ideas as we decide what will be most cost efficient for us this year. Cultural Advisory Committee Chairperson Date Recommendation to Council/ Approval Amount approved by Council: $ __________ _ Date Approved by Council Confirmed with Applicant Applicant Notified of Grant Amount-------------- Date Final Report Submission Project/Event Date: ________ _ Final Post/Report by Applicant Submitted: ___________ _ Date Since the Free Skate in 2012 there has been a natural growth in activities and interest in offering something for Family Day. There has also been more awareness in the community and people participating in the activities. 2013 offered multiple free skate time slots and a free swimming slot. All of these activities were filled to capacity and then some! We are pleased to have the full endorsement of Mayor and at his request will be bringing it before town council for their endorsement in January 2014. We expect this year to be even bigger as we have expanded to include more activities along with more free skating and swimming times. Committee: Our "Lead Team" is a made up of volunteers who work together to plan the day, they then lead individual teams of other volunteers to oversee specific areas of the event. At the time of this application our Lead Team consists of: • Brent Shepherd • Rick Cox • Sarabeth Strathdee Financial Strategy: This event offers business' in our area the opportunity to give back to their customers, while communicating the message that 'We care about Families' and that 'Family is Important'. Business' and Community Groups are being approached at this time. Bethel Pentecostal Church has agreed to support this festival with Financial Administration. Bethel will not be receiving compensation for this. 100% of contributions will go into a separate Family Day Fund for this event's expenses. Reports and statements will be available upon request. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3795 A BY-LAW to amend By-Law 3726, to authorize a special municipal levy on certain lands within the Business Improvement Area (BIA) for the construction and maintenance of municipal parking lots within the BIA area WHEREAS it is deemed necessary and expedient to amend By-Law 3726 to delegate approval authority to grant relief from said by-law to the Town Clerk. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town ofTillsonburg as follows: Now therefore the Council of The Corporation of the Town ofTillsonburg enacts as follows: I. That the Town Clerk shall be authorized to process and grant relief where warranted; 2. That Schedule A attached hereto shall replace Schedule B to By-law 3726 which allows any property within the designated area that complies with the parking requirement contained in the current Town of Tillsonburg Zoning By-Law 3295, Section 5.24 Parking Provisions to apply for exemption from this special local municipal levy. 3. That all other provisions of the annual By-Law, 'To Provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment Thereof shall apply as set out therein. 4. That By-Law 3726 passed by the Council of the Corporation of the Town of Tillsonburg on January 13, 2014 shall be hereby amended. This by-law shall come into effect on the date of the final passing thereof. READ A FIRST AND SECOND TIME THIS lOth DAY OF February, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS lOth DAY OF February, 2013. Mayor-John Lessif Clerk-Donna Wilson By-Law 3795 Schedule 'A' # lli~onbur0 Please submit this request by Sa mail or email to: a;lzcet4kii/~~ Tillson burg Corporate Office - Attn: Town Clerk 200 Broadway, Suite 204 REQUEST FOR RELIEF FROM BY-LAW Tillsonburg, ON N4G SA7 Civic Address of Subject Property: dewilson@tillsonburg.ca Property Zoned: Legal Description, Roll# if available: Name of Applicant: Date of Request: Mailing address of Applicant: Email address of Applicant D Request for Exemption from current By-Law, to authorize a special municipal levy for construction and maintenance of municipal parking lots within the BIA area. Brief Description of reason for exemption: Applicant's Signature For office use onll£ Chief Building Official Development Planner Review completed by: Review completed by: Date: Date: Based on the review, the recommendation is to: Based on the review, the recommendation is to: DApprove DApprove DDeny DDeny Comments: Comments: Signature: Signature: Town Clerk Approval: Request Approved D Request Denied D . Your request will be reviewed and if determined that your property qualifies for an exemption you will be notified, by mail or email, within 10 business days of the Town receiving this form. . All exemptions will be brought to Council, the meeting date will be provided to applicants once known . . This form shall be circulated to the Chief Building Official, County Development Planner, Clerk, and Revenue Manager . THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3796 A BY-LAW to enter into an agreement with Bulk Barn Foods Limited and RMM Tillsonburg Centre Property Inc. WHEREAS Sections 8, 9 & 10 of the Municipal Act, provides a broad authority for Municipalities to exercise its rights and powers of a natural person to enter into agreements and pass by-laws that the municipality considers necessary or desirable for the public. WHEREAS The Town of Tillsonburg is desirous of entering into a Non-disturbance Agreement with Bulk Barn Foods Limited and RMM Tillsonburg Centre Property Inc. to consent and approve the Lease pursuant to the terms of the Ground Lease with RMM Tillsonburg Centre Property Inc. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Non-disturbance Agreement on behalf of the Corporation of the Town of Tillson burg. READ A FIRST AND SECOND TIME THIS lOth DAY OF February, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 10th DAY OF February 2014. Mayor -John Lessif Clerk -Donna Wilson SCHEDULE "G" CONSENT TO NON-DISTURBANCE AGREEMENT This Agreement made as of the lOth day of January, 2014 BETWEEN: The Corporation of the Town of Tillsonburg (hereinafter collectively referred to as the "Head Landlord") OFTHEFIRSTPART -and- Bulk. Bam Foods Limited (hereinafter referred to as the ''Tenant'') OF THE SECOND PART -and- RMM Tillsoburg Centre Property Inc. (hereinafter collectively referred to as the "Head Tenant'' or "Landlord") OF TifE TillRD PART WB1j:REAS the Landlord and the Tenant entered into a Lease date<il as of the 19th day of December, 2013, and as same may be further amended from time to time (the "Lease''), for premises containing approximately. five thousand, two hundred IU,1d thirty three (5,233) square feet (the "Demised Premises") in the complex located at Tillsonburg Town Centre, in the City of Tillsonburg, in the Province of Ontario ("Complex") as more particularly described in Schedule "N' attached hereto (the "Lands"); AND WHEREAS by a Ground Lease dated July 31, 1979 (the "Ground Lease'') between the Head Landlord, as landlord, IUld the Head Tenant, as tenant. the Head Landlord granted to and in favour of the Head Tenant a long term leasehold interest in the Lands and the Complex for a term of fifty (50) years less one (1) day which included the Denrlsed Premises; AND WBEREAS.p~ to the Ground Lease the Head Landlord granted to the Head Tenant the full right, power and absolUte authority .to enter into agreements to lease for premises at the Complex and assume all obligations and liabilities in respect of all .leases in place at the Complex including the Lease in respect of the Demised :Premises; and AND WHEREAS the Tenant has requested the. Head Tenant provide from the Head Landlord its consent and approval in respect of the Lease pllilllllmi: to the terms of the Ground Lease and provide the Tenant with a Non-Disturbance Agreement and the Head Landlord and the Head Tenant have agreed to enter into this Agreement with respect to fulfilling the foregoing request made by the Tenant subject to the terms herein contained; WITNESSETH that in consideration of the sum of One Dollar ($1.00) now paid by each of ihe · parties hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto h!:reby covenant and agree as follows: 1. The Head Landlord hereby consents to the Lease as assumed by the Head Tenairt under the Ground Lease subject to the proviso the giving of this consent shall not be deemed to release or discharge the obligations of the Head Tenant under !fLe terms and provisions of the Ground Lease, including its responsibility for the payment of all rent thereunder and the performance of the obligations of the Head Tenant under the Ground Lease. 2. The Head Landlord hereby recognizes the Lease and hereby agrees that so long as the terms and provisions of the Lease are being complied with, the TeJllll!i shall have the right to peacefully and quietly have, hold and enjoy the Demised Premises pursuant to the Lease without interruption or disturbance by ~ Head Landlord or by any person, firm or corporation claiming by, through or under the Head Landlord and that the Tenant's rights and privileges under the Lease to possess the Demised Premises shall not be in anyway disturbed, dhninished or interfered with by the Head Landlord. . . 3. The Head Landlord covenants and agrees should .an event of default by the Head Tenant occur under the Ground Lease which gives rights to and in favour of the Head Landlord to exercise any 50 ------------·~---· request is given within five (5) business days following such event), exercise its rights as an under-lessee under section 21 of the Act, or any like rights under common law, to claim or apply for an order investing the term of the Lease, and the whole of the Demised Premises in the Tenant, on all of tru; same terms and conditions as the Lease, and the Head Landlord shall, at the request of the Tenant, consent to such claim. 9. If a receiving order in bankruptcy, or winding up order is made against the Head Teilant, the Tenant may on its own accord and shall at the request of the Head Landlord (provided such request is given within five (5) business days following such event), exercise its rights as an under-lessee under subsection 39(2) of the Act or any like rights under common law, to exercise its election as under-lessee to .stand in the same position with the Head Landlord as though the Tenant were a direct lessee of the Head Landiord, for the balance of the tenn of the Lease on all of the same terms and conditions contained in the Lease, and the Head Landlord shall, at the request of the Tenant, consent to such exercise provided it is understood and agreed between the parties hereto the rights of the Tenant shall be limited solely to the rights afforded to it in respect of the Demised Premises and the Complex only arising under the Lease and no other rights at the Complex as may be contained in the Ground Lease in favour of the Head Tenant: 10. Neither the Tenant nor itS successors or assigns shall enter into any agreement to amend or . modify the Lease which would result in the Tenant paying to the Landlord rent for a period of greater than one (1) month in advance. Any such agreement made in contravention of the provisions of this section shall be no force or effect as against the Head Landlord or agliinst any subsequent purchaser from the Head Landlord, or as against l!DY purchaser and any sale process in respect of the Head Landlord exercising its rights under the Ground Lease. 11. The Head Tenant and the Tenant hereby acknowledge and confirm to the Head Landlord that: (aL (b) (c) The Lease is in full force and effect and in good standing; No rent has been paid in advance under the Lease save and except as set out in the Lease; and To the best of the Tenant's and the Head Tenant's knowledge, respectively, neither the Tenant nor the Head Tenant presently has any knowledge of any present claim to set off againt rents dUe or to become due, under the Lease whiph has occurred prlor tci )he date hereof. 12. Notices, demands, requests or other instruments under this Agreement will be delivered in person, by courier, by facsimile or sent by registered mail postage prepaid and addressed: to the Head Landlord and Head Tenant: c/o SmartCentres to the Tenant: with a copy to: 700 Applewood Crescent, Suite 100 Vaughan, Ontario UK5X3 Attention: ~Department 55 Leek Crescent Beaver Creek Business Park Richmond Hill, Ontario, UB 3Y2 Attention: Senior Director, Real Estate David Calder CAO, Town ofTillsonburg 200 Broadway Street, 2""Floor, T~urg,OnmrioN4G5A7 519-688"3009 Ext. 3227 A notice, demand, request or consent will be considered to have been given or made on the day that it is delivered in person or by courier or, if mailed, seventy-two (72) hours after the date of mailing. Any party may notify the others in writing of a change of address and the address specified in the notice will be Considered the address of the party for the giving of notices under this Agreement. If the postal service is interrupted or substantially delayed, any notice, demand, or request or other instrument wili only be delivered in person or by courier. 13. The foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either of the parties hereto. However, .all parties hereby agree 52 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3797 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 101h day of February, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings ofthe Council ofthe Town of Tillson burg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillson burg at its meeting held on February 14, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the sea I ofThe Corporation of the Town ofTillsonburg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14th DAY OF February, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 14™ DAY OF February,2014. Mayor-John Less if Town Clerk-Donna Wilson Report Title: Report No.: Author: Meeting Type: Counci~ Date: Attachments: RECOMMENDATION: STAFF REPORT DEPARTMENT Ice a. Water Entry Rescue Program Implementation FRS 14-02 Jeff Smith, Fire Chief COUNCIL MEETING FEBRUARY 10, 2014 That Report FRS 14-02 be received as information. : EXECUTIVE SUMMARY I With the passing of the Municipal Budget for 2014, the Fire Department has begun to implement the Ice & Water Rescue program level of service. The report contained herein will outline for Council the implementation process and the expected time lines. COMMENTS At the May 27, 2013 Council Meeting, the Fire Department was authorized to implement a Ice & Water Rescue Entry program, conditional upon the required equipment and training funding being approved in the 2014 Budget process. Upon Council's adoption of the 2014 Budget on January 27, 2014, the Fire Department began the process of planning the Ice & Water Entry Rescue program implementation. A core team of firefighters certified Ice & Water Entry was in existence prior to the approval of the 2014 Budget. There are currently enough certified firefighters to compose a "go team", however there is not a sufficient number of certified members to form a Rapid Intervention Team or to maintain sustained rescue operations. To ensure that there are sufficient certified firefighters to form a complete Ice & Water Entry Rescue team additional members will be trained. The currently certified members will be augmented by members who are currently obtaining their certification. The training process began with a swimming test at the Tillsonburg Recreation Complex pool on February 9, 2014. Members who passed the swimming test will participate in a two stage training process. The first stage certification is the open water entry rescue training and the second stage is the on ice & cold water entry rescue. Training, including the lead instructors for both the water and the ice rescue courses, will be conducted in-house using \ COUNCIL RESOLUTION AGENDA ITEM NO.: Date: February 10, 2014 RESOLUTION NO.: .1 MOVED BY: d Carried D Recorded Vote D Defeated D Deferred D Tabled -¥Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: February 10, 2014 RESOLUTION NO.: :;{ MOVEDBY:U~ SECONDED BY: Jttpb~ THAT Council move into Closed Session, to consider: Matters relating to a advice that is subject to solicitor-client privilege (Oakpark Subdivision); Matters in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Hydro Board). Jarried D Recorded Vote D Defeated D Deferred D Tabled ___Dfl Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: February 10, 2014 RESOLUTION NO.: ~ THAT the Minutes of the Council Meeting of January 27, 2014 be approved. @carried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: ---'''-2.....___ RESOLUTION N ~ MOVED BY: ~ ~---71 SECONDED BY: ~ Date: February 10, 2014 THAT Council receive report CAO 14-03, Consent to Non-Disturbance Agreement-Bulk Barn; AND THAT a By-Law to authorize the Mayor and Clerk to sign the Non-Disturbance Agreement-Bulk Barn be brought forward for Council consideration. 0 carried D Recorded Vote D Defeated D Deferred D Tabled *Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: _q_,___ RESOLUTION NO.: 5 MOVED BY: ~-=::::::~s::::::.:::9!:=:=:::::::::;iftj Date: February 10, 2014 THAT Council receive Report DCS 14-10 Request for Expressions of Interest-253 Broadway Property; AND THAT staff be authorized to release the Request for Expressions of Interest for the 253 Broadway Property. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=..::10~­ RESOLUTION NO> 6 ~ n MOVED BY: . h!l.tv~ SECONDED BY: 0--~...._ Date: February 10, 2014 THAT Council receive Report FRS 14-02 Water Ice Rescue Program Implementation as information . D Recorded Vote D Defeated D Deferred D Tabled ~ ~ayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: -==11=---- RESOLUTION N?J--:--:--n MOVEDBY: . VVUt;._~ SECONDEDBY: -~-==·=~~~~-----~· ~'--------- THAT Council receive report OPS 14-04 Date: February 10, 2014 AND THAT a variance to Noise By-Law 3002 be granted for night construction to complete the median curb and surface course paving for the proposed roundabout at the intersection of Highway #3 and Vienna Road. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: February 10, 2014 MOVED BY: SECONDEDBY: ----~~~~~?~-r~------------ THAT Council waive Section 4.3.5 of Procedural by-law 3511, to add a grant request from the Cultural Advisory Committee in order for Council to hear the request due to time restraints. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled f Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date : February 10, 2014 RESOLUTION NO.:__... n MOVED BY: ~......__/' SECONDED BY: --~~:::::::==:::::.::::=:=:::=::::::._ __ THAT Council receive Cultural Advisory Committee-Award of Cultural Funds; AND THAT the Tillsonburg Family Day Committee receives $500 to be used toward events on Tillsonburg Family Day (February 17, 2014) including a free skate and swim. ifcarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _1=2=---Date: February 10, 2014 RESOLUTION NO.: MOVED BY: THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands within the Business Improvement Area (BIA) By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre Property Inc. By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014, be read for a first and second time and this constitutes the first and second reading thereof. I dcarried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --==12=----Date: February 10, 2014 RESOLUTION NO.: ----·· MOVED BY: THAT By-Law 3795, To amend By-Law 3726,To Authorize a Special Municipal Levy on certain lands within the Business Improvement Area (BIA); By-Law 3796, To Authorize an Agreement with Bulk Barn Limited and RMM Tillsonburg Centre Property Inc.; By-Law 3797, To Confirm the Porceedings of the Council Meeting of February 10, 2014. be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials ) February 11, 2014 Cultural Advisory Committee Chair, Deb Beard The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution -Grant Request At the Tillsonburg Town Council Meeting of February 10, 2014, Council passed the following resolution: "THAT Council receive Cultural Advisory Committee-Award of Cultural Funds; AND THAT the Tillsonburg Family Day Committee receive $500 to be used toward events on Tillsonburg Family Day (February 17, 2014) including a free skate and swim." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224, or dewilson@tillsonburg.ca. Regards, ~~ Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, 2"ct Floor, Tillson burg, Ontario, N4G SA 7, Telephone # (519) 688-3009, Fax # (519) 842-9431 Web: www.tillsonburg.ca A M • Associationof Municipalities Ontario February 7, 2014 Office of the President OPP Policed Communities: UPDATE 1 A week ago, AMO's Board of Directors directed the establishment of an OPP Billing Steering Committee. Its purpose is to look at the proposed OPP billing model, including objectives and outcomes that could be acceptable to the different interests of the municipal sector. It will also look at elements of the underlying matters that contribute to high policing costs and how these too might be improved. It will be up to the provincial government to accept or reject those recommendations. In response to the communique sent last Friday about the Steering Committee's formation, AMO received many expressions of interest to volunteer for this Committee. The volume of volunteers who put their names forward displayed an overwhelming breadth and depth of concern for this issue. We are grateful and express appreciation to all who recently stepped forward. In addition, the Board wanted to invite a representative from the three sub-municipal groups (Mayors' Coalition, OPP Discussion Group and the Under 5,000 Group). The Board directed that representatives come from all corners of the province with careful consideration to the diversity of interest, circumstance, region, knowledge and experience of each individual. All municipalities should be able to see themselves represented in the women and men who will be participating in these critical discussions. Based on the Board's direction, the President has confirmed the following elected officials as members of the AMO OPP Billing Steering Committee: Politis, Peter Vrebosch, Bill TBC McNamara, Gary White, Chris Canfield, Dave Spacek, AI Ron Nelson Barfoot, Alan Conn, David Marr, David Mertens, Peter Reid, Barb Reycraft, Doug Thompson, Linda 200 University Ave. Suite 801 Toronto, ON, MSI-I 3C6 Mayor Mayor TBC Mayor Warden Mayor Mayor Mayor Mayor Mayor Warden Mayor Reeve Mayor Mayor www.amo.on.ca amo@amo.on.ca Cochrane (Chair, Mayors' Coalition) East Ferris (Chair Under 5,000 Group) TBC (OPP Discussion Group) Tecumseh (Future of Policing Advisory Committee) County of Wellington Ken ora Kapuskasing (FONOM) O'Connor Township Georgian Bluffs Seguin Township Elgin County Prince Edward County Minden Hills Southwest Middlesex Port Hope Tel 416.971.9856 Fax 416.971.6191 Toll Free in Ontario 877.426.6527 2 The first meeting of the Committee has been set for February 14, 2014 at AMO offices in Toronto. At the first meeting, the Committee will establish its work plan, how it will operate, what it will do and how it will communicate more broadly. Last week's communique to you generated some municipal feedback and ideas. We want to provide all municipalities the opportunity to submit ideas, including those they offered during the OPP's fall consultation or subsequent ideas. We have set up oppbillingsc@amo.on.ca as a dedicated e-mail for this Steering Committee. The Board wishes the Steering Committee to move expeditiously on these matters and I hope that the Committee will be in a position to present public recommendations by end of March/early April. You should expect the next communique shortly after the Steering Committee's initial meeting. Yours truly, R.F. (Russ) Powers President TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL February 7, 2014 Recent Developments in Joint and Several Liability-Municipal Action Needed Two recent developments are worthy of the immediate written support of municipal councils and municipal solicitors. The first is a private member's resolution introduced by Randy Pettapiece, MPP for Perth- Wellington. It calls on the government to implement comprehensive reform to joint and several liability by June 20I4. Debate on this motion is scheduled for February 27, 20I4. While a resolution of the Ontario Legislature is not a specific legislative plan, it does capture the spirit of municipal concerns. Mr. Pettapiece has written directly to all councils seeking your support; AMO encourages your reply. Of immediate significance, the Ministry of the Attorney General has recently written to members of the legal community seeking their input on two specific proposals under consideration. Feedback is due by February I4, 20I4. The proposals include a modified version of proportionate liability that applies in cases where a plaintiff is contributorily negligent (the Saskatchewan model). Also under consideration is a limit on awards such that a municipality would never be liable for more than two times its proportion of damages (the Multiplier model). AMO supports the adoption ofboth of these measures. This is a positive development for municipalities and a step in the right direction. The adoption of both reforms would be a significant incremental step to addressing a pressing municipal issue. The written support of municipal councils and solicitors is requested. Below is a draft letter for municipalities to submit to the provincial government by February I 4, 20 I 4. Please add your voice of support. As you know, municipal governments have long advocated for liability reform because the legal regime of joint and several liability makes municipalities and property taxpayers an easy target for litigation. It has been two years since AMO conducted the first ever municipal insurance survey, which found that municipal liability premiums had increased 22 per cent over 5 years and 4 years since AMO presented a comprehensive report detailing municipal challenges to the Attorney General. We have argued for some time that the heavy insurance burden and legal environment is unsustainable for Ontario's communities. AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca-4 I 6.97I .9856 ext. 323. The Honourable John Gerretsen Attorney General McMurtry-Scott Building 720 Bay Street-11th Floor Toronto ON M7 A 2S9 Dear Attorney General: [I or we] support the government's consideration and adoption of measures which limit the punishing impact of joint and several liability on municipalities. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. Other jurisdictions have recognized the current model of joint and several liability is not sustainable. It is time for Ontario to do the same. If this situation continues, the scaling back on public services in order to limit liability exposure and insurance costs will only continue. Regrettably, it will be at the expense of the communities we all call home. For this reason, [I or we] support the adoption of both models under consideration as a significant incremental step to addressing a pressing municipal issue. Sincerely, Name cc: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing ) January 29, 2014 Premier Kathleen Wynne Legislative Bldg, Room 281 Queen's Park Toronto, ON M7A1A1 Dear Hon. Kathleen Wynne; Town ofMlle de Penetanguishene Re: Penetanguishene's Support of the New OPP Billing Model At the regular meeting of Council held on January 29, 2014, the Council of the Town of Penetanguishene passed a resolution which supports the Provincial Police New Billing Model for police services starting in 2015. Please find enclosed a copy of the above noted resolution which indicates the support to the Provincial Government's principles and design of the proposed new billing model. If you require further information, please do not hesitate to contact the undersigned at 705-549-7453 or gmarshall@penetanguishene.ca. Most Sincerely, Gerry Marshall, Mayor Town of Penetanguishene /kg Encl. cc: Madeleine Meilleur, Minister Community Safety and Correctional Services Garfield Dunlop, MPP Simcoe North Mayor's Coalition Dennis Travale, Mayor of Norfolk County Peter Politis, Mayor of the Town of Cochrane Jamie McGarvey, Mayor of the Town of Parry Sound John Lessif, Mayor of the Town of Tillsonburg Bernie Maclellan, Mayor of Huron East John Williams, Mayor of the City of Quinte West 10 rue Robert St. West/ouest, P.O./C.P. Box 5009 Penetanguishene, ON L9M 2G2 Tel: 705.549.7453 Fax: 705.549.3743 www.penetanguishene.ca Moved By: Seconded By: Regular Meeting of Council January 29, 2014 Councillor Daryl O'Shea Deputy Mayor Patrick Marion WHEREAS Ontario Municipalities are voicing their concerns and filing letters of objection and support to the Provincial Government regarding the proposed new police billing model; AND WHEREAS objections to the new model are being heard from Municipalities that may experience an increase in their municipal policing costs; AND WHEREAS the OPP currently calculates municipal policing bills using a formula based on a number of factors as described in the Understanding Ontario Provincial Police (OPP) Municipal Policing Costs 2012 Cost-Recovery Formula Update which results in a wide variation of policing costs amongst municipalities across Ontario; AND WHEREAS all police services require a base level of infrastructure, supervision, administration and sufficient front-line policing necessary to provide adequate proactive policing to ensure the general safety and security of a municipality; AND WHEREAS proactive policing activities such as directed patrols, traffic enforcement and crime prevention are provided to all municipalities regardless of the level of call for service; AND WHEREAS calls for service are one of the primary cost drivers in policing and it is reasonable that Municipalities pay the cost of their calls for service; AND FURTHER THAT all municipalities should pay their equitable share of essential "base level" policing services; AND WHEREAS the Auditor General directed the OPP to address issues in its costing and billing methods that result in Municipalities paying different rates for the same services; NOW THEREFORE BE IT RESOlVED THAT the Council of the Town of Penetanguishene supports the Provincial Government's principles and design of the proposed new billing model; AND THAT the proposed new billing model will provide the residents of Penetanguishene a fair and equitable approach to policing costs and will significantly enhance transparency, affordability and sustainability of policing costs across the Province. CARRIED. Mayor Gerry Marshall .... McCormick Rankin 72 Victoria Street South, Suite 100 Kitchener, ON Canada 1~2G 4Y9 t: 519.741.14641 f: 519.741.8884 www.mrc.ca January 31, 2014 Mr. Steve Lund Director of Operations Town of Tillsonburg 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 Re: Ontario Ministry of Transportation Notice of Filing -Transportation Environmental Study Report Highway 3 and Vienna Road Intersection Improvements (G.W.P. 3045-08-00) Dear Mr. Lund: McCORMICK RANKIN A n'\effiber of lA.'-'-MMMC.ROUP The Ontario Ministry of Transportation (MTO) has retained McCormick Rankin (MRC) to undertake the Preliminary Design and Class Environmental Assessment (Class EA) Study of intersection improvements at Highway 3 and Vienna Road near the Town of Tillsonburg, in Oxford County. The recommended plan includes the construction of a roundabout and associated illumination. To construct the roundabout, there will be short-term traffic lane closures and partial/full closures of Vienna Road and Highway 3. The later construction stages require full intersection closures during low traffic volume periods (i.e., at night). Local detours have been developed to minimize the disruptions and additional distance traveled by motorists during the short-term and full closures. The purpose of this letter is to inform you that the Transportation Environmental Study Report (TESR) has been completed for the proposed intersection improvements and will be available for a public review period at the locations listed in the enclosed notice. The review period will end on March 5, 2014. Please refer to the enclosed notice for details regarding the public review of the TESR. As a follow-up to our Council presentation on November 25, 2013, the detour will use local roads. We understand that you have no further concerns about the construction staging and local detour routes. Inspections will be completed pre-and post-construction to assess the roads. If you would like additional information about this project, please feel free to contact me or one of the project team members listed in the notice. Yours truly, McCormick Rankin, a member of MMM Group ~Q_ Dan Green, P. Eng. Consultant Project Manager cc: Kelley Caul er, Town of Tillsonburg Peter Fung, Town of Tillsonburg Davis Samis, Town of Tillsonburg Cephas Panschow, Town of Tillsonburg Scott Reid, MTO, Senior Project Engineer Khahy Ho, MTO, Environmental Planner Greg Moore, Ecoplans, Consultant Environmental Planner Attach. global transportation engineering NOTICE OF COMPLETION FOR THE HIGHWAY 3 AND VIENNA ROAD INTERSECTION IMPROVEMENTS G.W.P. 3045-08-00 PROJECT OVERVIEW The Ontario Ministry of Transportation (MTO) has completed a N Class Environmental Assessment (Class EA) for improvements to t the Highway 3 and Vienna Road intersection, near the Town of Tillsonburg, Oxford County. The study recommends the construction of a roundabout and associated illumination. To construct the roundabout, there will be short-term traffic lane closures and partial/full closures of Vienna Road and Highway 3. The later construction stages require full intersection closures during low traffic volume periods (i.e. at night). Local detours have been developed to minimize the disruptions and additional distance traveled by motorists during the short-term and full closures. PROCESS A Transportation Environmental Study Report (TESR) has been completed for this project and will be available on February 5, 2014, for a 30-day public review period. The report summarizes the Not• sc environmental assessment process for this project and is available for review during regular business hours at the following locations: • Ministry of the Environment -London District Office, 733 Exeter Road, London, ON N6E 1 L3 • Ministry of Transportation -West Region, Security Desk, 659 Exeter Road, London, ON N6E 1 L3 • Town of Tillson burg -Customer Service Centre, 10 Lisgar Avenue, Tillsonburg, ON N4G 5A5 """\ • Tillsonburg Public Library -2 Library Lane, Tillsonburg, ON N4G 2S7 J • Oxford County Clerk's Office-21 Reeve Street, Woodstock, ON N4S 7Y3 Interested persons are encouraged to provide comments by March 5, 2014. If, after consulting with MTO, you still have unresolved concerns, you have the right to request the Minister of the Environment (77 Wellesley Street West, Ferguson Block, 11th Floor, Toronto, ON M7A 2T5) make a Part II Order for this project. A Part II Order may lead to preparation of an individual environmental assessment. For more information on the Part II Order request process, you are encouraged to contact the Ministry of the Environment. The Minister of the Environment must receive your Part II Order request by March 5, 2014. A copy of the request should also be forwarded to the MTO and the consultant at the addresses below. If there are no outstanding Part II Order requests after March 5, 2014, the project will be considered to have met the requirements of the Class EA. COMMENTS To obtain additional information or provide comments, please contact: Mr. Dan Green, P.Eng. Mr. Scott Reid, P.Eng. Consultant Project Manager Senior Project Engineer McCormick Rankin Ministry of Transportation -West Region 72 Victoria Street South, Suite 1 00 659 Exeter Road Kitchener, ON N2G 4Y9 London, ON N6E 1 L3 tel: 519-741-1464 ext. 2234 tel: 519-873-4042 toll-free: 1-866-741 -8850 toll-free: 1-800-265-6072 ext. 519-873-4042 fax: 519-7 41-8884 fax: 519-873-4600 e-mail: dgreen@mrc.ca e-mail: scott.reid@ontario.ca Information will be collected in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will be part of the public record. \ J f")h t?ontario Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: CULTURAL ADVISORY COMMITTEE AWARD OF CULTURAL FUNDS COLLEEN PEPPER, Marketing and Partnerships Officer; Staff Liaison to the Cultural Advisory Committee COUNCIL MEETING FEBRUARY 10, 2014 GRANT APPLICATION Resolve that Council receive Cultural Advisory Committee-Award of Cultural Funds (February 10) and further resolve: That the Tillsonburg Family Day Committee receive $500 to be used toward events on Tillsonburg Family Day (February 17, 2014) including a free skate and swim. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval for the recommendation made by the Tillsonburg Cultural Advisory Committee for the disbursement of a portion of the funds available in the 2014 budget. The mandate of the Cultural Advisory Committee includes making recommendation to Council regarding grant applications received for cultural events in the Town of Tillson burg. On Wednesday, January 8, 2014, the Cultural Advisory Committee passed the following recommendation: a. "RESOLVED THAT $500.00 be the recommended grant to the Tillsonburg Family Day Committee for activities occurring on February 17, 2014. The application from the Tillsonburg Family Day Committee is to offset costs related to the hosting of free Family Day activities in Tillsonburg (Appendix A: Application). CONSULTATION/COMMUNICATION This application was reviewed by the Cultural Advisory Committee, which is comprised of community volunteers appointed by Council, Councillor Chris Rose hart and a staff liaison. FINANCIAL IMPACT /FUNDING SOURCE The grant will be funded from the 2014 Council Budget designated for Cultural Grants ($5000). This is the first allocation from this budget in 2014. A call for additional grant applications was published in the February 5 edition of The Tillsonburg News. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Page 2/2 Date: Date: Date: CAO Cultural Advisory Committee Grant Application Please enclose the following documents: Page 1 of 2 • A completed & signed application form (please ensure your answers are printed clearly and provide concise answers with brief descriptions) • A list of your current Board of Directors or Committee Members • Most recent Annual Report or statement of activities (if requested) • Your Organization's audited financial statement or most recent financial statement endorsed by two (2) signing officials (if requested) Return completed form to: Tillson burg Cultural Advisory Committee c/o Town of Tillson burg 200 Broadway, Suite 204 Tillsonburg ON N4G 5A7 Or cpepper@tillsonburg.ca Applicant information (please print): Organization Contact Name Address Tillsonburg Family Day Committee --- Sarabeth Strathdee Event will be at the Tillsonburg Community Centre Telephone 519-550-74251 Email Address Postal Code Fax N/A I info®tillsonburgfamilyday.ca ------------------___________ ___] _________________________ ,-_____ ------------------------------- Project/Event Date(s)/Time(s) Start Date Man Feb 17/14 ! Completion Date Man Feb 17/14 8:00am I 5:00pm _j -----------------------'--- Project/Event Title & Purpose Tillsonburg Family Day j All day free event for families of our community. -See Attached --------------------------------- ~~·--·--------~-----~-------------··--~~---------·--~~-·---~·--·------···~---~-------~--·----~-· ; Project/Event Description Tillsonburg's Family Day will be held at the Community Centre. The day's activities will include the following: -Free Skating Memorial Arena (all day) -Free Swimming ft Pool Activities (some details have yet to be confirmed) -Kids Project (Opportunity for craft/building project to take home) -Carnival (Bouncy Castles, Cotton Candy, Popcorn, Games, Prizes, Face painting, Balloon Animals and more) -Toddler Play Space (A space set aside for safe play for any toddler ft pre-schoolers) -Family Entertainment-Reptile Show '-Video Game Tournament Food -It is our desire to offer food at a extremely affordable rate at the event for those who wish to stay at the facility for the entire day. Food Vendors are yet to be I confirmed. -Pancake Breakfast -Lunch ~-----· ---~ Benefits to Community From Project/Event It will be a day for families from our community to share a day of fun activities and spending time together with neighbours, families, and friends old and new. It will be an opportunity for local Business' to support and give back to our community through their sponsorship of the event. It will be an opportunity for community and service groups, along with community members and students, to volunteer together for the day. ~-----~-·-·-··-~~····-·-·---·--------~~~------·------···---··--···-··--~ ·-········_j ,---~ ·--··~-~·----·--·---·----~~--------·----·-·---···--·-·-----------~--------------·----------1 I Total Budget for Project/Event 2014 Budget 11 Expense: Amount of Grant Request $500 Rationale for Grant Amount Facility: $2800 Carnival: $1500 Kids Project & Entertainment: Advertising/Signage: Admin Costs: Total: $1200 $1000 $ 500 $7000 Item Amount Comments Family Entertainment (Reptile Show) & Kids Building Projects. Kids will have opportunity to build a planter/keepsake wooden box. However, there currently are many needs for the day so the money received from this application has the possibility to go towards any portion of the day that Committee prefers. Other sources of funding to be received for this Project/Event Federal $ Provincial S Municipal S Private $ 1000 Other $ _______ _ Total $ 1000 (amount raised to date. Fundraising is happening now) -----------------·--------- Please list how and where the Project/Event will be promoted/advertised Local Schools, Local Cable, Community Billboards/ PSA's, Signage, Social Media & Website ( www. tillsonburgfamilyday.ca ) We are open to other suggestions and ideas as we decide what will be most cost efficient for us this year. Cultural Advisory Committee Grant Process Report 1 --------------------------~--------~-------------------------~----------------- 1 Have you received grants from the Tillson burg Cultural Advisory Committee or its i predecessor, the Cultural Commission in the past? I No. If so, Year Amount Project/ I Event I _j Application Received (This section to be filled in by Cultural Advisory Committee) Applicant Organization/contact name has been notified by the Committee Chair that the application has been received. Date Application Received Date Application Reviewed ___________ _ Application Review: Grant Amount Recommended to Council: S _____ _ Rationale: Cultural Advisory Committee Chairperson Date Recommendation to Council/Approval Amount approved by Council: $ __________ _ Date Approved by Council Confirmed with Applicant Applicant Notified of Grant Amount _____________ _ Date Final Report Submission Project/Event Date: ________ _ Final Post/Report by Applicant Submitted: ____________ _ Date 1. 2. 3. Do you On Family Day In 2012 a survey was conducted for those who participated in a free family skate and used the community centre facility that day. The survey asked 4 very basic question in an effort to find out what kinds of events families are looking for in Tillsonburg. The results of this revealed that families are looking for events that are fun, affordable/free, & close to home. We received many suggestions, of possible events but there was one re occurring idea: a winter carnival! Since then we have been adding events to the Free Skate, and last year we offered a very successful Pancake Breakfast, which made over $200.00 for Tillsonburg's Food Bank. This year as we work in partnership with the Community Centre and build our Committee, we plan to offer an entire day of free events for families to enjoy on Monday February 17th 2014. FAMILY SURVEY 2012 NEVER KINDA consider VERY fun events to be important? NEVER Is staying KINDA close to VERY home important? Is cost NEVER important? KINA VERY 4. Indoor or Outdoor events? BOTH OUT IN Since the Free Skate in 2012 there has been a natural growth in activities and interest in offering something for Family Day. There has also been more awareness in the community and people participating in the activities. 2013 offered multiple free skate time slots and a free swimming slot. All of these activities were filled to capacity and then some! We are pleased to have the full endorsement of Mayor and at his request will be bringing it before town council for their endorsement in January 2014. We expect this year to be even bigger as we have expanded to include more activities along with more free skating and swimming times. Committee: Our "Lead Team" is a made up of volunteers who work together to plan the day, they then lead individual teams of other volunteers to oversee specific areas of the event. At the time of this application our Lead Team consists of: • Brent Shepherd • Rick Cox • Sarabeth Strathdee Financial Strategy: This event offers business' in our area the opportunity to give back to their customers, while communicating the message that 'We care about Families' and that 'Family is Important'. Business' and Community Groups are being approached at this time. Bethel Pentecostal Church has agreed to support this festival with Financial Administration. Bethel will not be receiving compensation for this. 100% of contributions will go into a separate Family Day Fund for this event's expenses. Reports and statements will be available upon request. The Corporation of the Town of Tillson burg February 11, 2014 The Honourable John Gerretsen Attorney General McMurtry-Scott Building 720 Bay Street -11th Floor Toronto ON M7 A 2S9 Dear Attorney General: Office of the Mayor The Council of the Town ofTillsonburg support the government's consideration and adoption of measures which limit the punishing impact of joint and several liability on municipalities. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. Other jurisdictions have recognized the current model of joint and several liability is not sustainable. It is time for Ontario to do the same. If this situation continues, the scaling back on public services in order to limit liability exposure and insurance costs will only continue. Regrettably, it will be at the expense of the communities we all call home. For this reason, the Town ofTillsonburg support the adoption of both models under consideration as a significant incremental step to addressing a pressing municipal issue. Sincerely, cc: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing Ernie Hardeman, MPP CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 688-3009, Fax# (519) 842-9431 Web: www.tillsonburg.ca