The URL can be used to link to this page

120709 Council MINTown of Tillsonbt1rg Minutes of Council Meeting Date: Monday July 9, 2012 6:00PM Council Chambers Chair: John Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MINUTES Town of Tillson burg Meeting for the Committee "Open Council" on Orders of the Day: CALL TO ORDER Monday July 9, 2012 06:00 PM Council Chambers Chair: John Lessif The meeting was called to order at 6:20 PM ATTENDANCE: Mayor John Lessif Deputy Mayor Mark Renaud Councillor Chris Rosehart Councillor Mel Getty Councillor Brian Stephenson Councillor Dave Beres Councillor Marty Klein Staff: Kelley Coulter, CAO David Samis, Director of Development & Communication Services Darrell Eddington, Director of Finance Janet McCurdy, Acting Director of Parks & Recreation Services Donna Wilson, Clerk ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVEDTHAT the Agenda as prepared for the Open Session of the Council Meeting of July 9, 2012, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: 13 Page 1 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Town Council move into Closed Session, to consider matters relating to: Matters for the purpose of education or training the members, Matters relating to the security of the property of the municipality, Matters relating to personal matters about an identifiable individual -including Municipal employees. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Councillor Stephenson has declared a pecuniary interest in item 12., CAO 12-11 Library Service Delivery Model No other disclosures of pecuniary interest were declared. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of June 25, 2012 [:! Resolution No. 3: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the Minutes of the Open Council Meeting of June 25, 2012, be approved. "Carried" PUBLIC MEETINGS 1. Committee of Adjustment Application A05/12 CJ Presented By: Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-172. Opportunity was given for comments and questions. No persons appeared in support of, or in opposition to, the subject application. The following resolution was passed. Resolution No. 4: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 05/12 subject to the following conditions: i) A building permit for the proposed 'lean-to' accessory building shall be issued within one year of the date of the Committee's decision. ii) Minor Variance approval is granted only for a 'lean-to' accessory building that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No. 2012-172. iii) Notwithstanding any provision contained in By-law 3295, the maximum projection of an eave or Page2 MINUTES: Meeting for the Committee "Open Council" gutter attached to the accessory building as described in Report No. 2012-172 shall be 0.16 m (0.5 ft) and the minimum setback between an eave or gutter and a lot line shall be 0.4 m (1.3 ft). "Carried" 2. Committee of Adjustment Application A06/12 CJ Presented By: Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-173. The Applicant's agent Fred Schiedel was in attendance and spoke to the matter to clarify Council's concerns regarding esthetics and site angles. Opportunity was given for further comments and questions. No other persons appeared in support of, or in opposition to, the subject application. The following resolution was passed. Resolution No. 5: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 06/12 subject to the following conditions: i) A building permit(s) for the proposed open storage buildings shall be issued within one year of the date of the Committee's decision. ii) Minor Variance approval is granted only for two open storage buildings that are substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No. 2012-173. "Carried" 3. Committee of Adjustment Application A07/12 CJ Presented By: Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-174. The Applicant's Agent Mike Ash was in attendance and spoke to the matter and answered Council's questions. Opportunity was given for further comments and questions. No other persons appeared in support of, or in opposition to the subject application. The following resolution was passed. Resolution No. 6: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVED THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 07/12 subject to the following conditions: i) A building permit for the proposed attached double car garage shall be issued within one year of the date of the Committee's decision; ii) Minor Variance approval is granted only for a double car attached garage that is substantially Page 3 MINUTES: Meeting for the Committee "Open Council" and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No 2012-174. "Carried" INFORMATION ITEMS 4. Municipal Employer Pension Centre of Ontario: Update on OMERS ['] 5. Ministry of Health and Long-Term Care Land Ambulance Funding CJ 6. Town of East Gwillimbury-Commercial Fill Operations [) 7. Norfolk County-Request Support for Bill11 -Establish the South Western Ontario Development Fund ['] 8. AMO's Submission to the Ontario Distribution Sector Panel CJ 9. Responses to the April 23rd Council Resolution -Provincial Payment-in-lieu of Taxes CJ 10. Responses to the May 12th Council Resolution-MTO Connecting Link Funding CJ 11. FedDev Ontario: News Release I Communique de presse FedDev Ontario.pdf Staff to provide a recommendation at the August 13, 2012 Council meeting regarding funding applications. CHIEF ADMINISTRATIVE OFFICER 12. CAO 12-11 Library Service Delivery Model Presented By: CAO -m -m -m CA012-12 Library Information Update.pdf Tillsonburg Schedule A.pdf Tillsonburg Schedule B.pdf The CAO reviewed report CAO 12-11 Library Service Delivery Model. Resolution No. 7: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receives CA012-12 Library Information Update for information purposes; FURTHER RESOLVED THAT Council formally approve the continuation of a local library service delivery model. Mayor Lessif called for a recorded vote. Page4 MINUTES: Meeting for the Committee "Open Council" NAME FAVOUR of MOTION AGAINST MOTION Mayor Lessif NO Deputy Mayor Renaud NO Councillor Rosehart NO Councillor Klein YES Councillor Beres YES Councillor Getty NO The recorded vote reflects the vote is four against the motion and two in favour of the Motion. The motion is "Defeated" Resolution: Moved By Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council support the Oxford County Library System. Councillor Getty called for a recorded vote. NAME FAVOUR of MOTION AGAINST MOTION Councillor Getty YES Mayor Lessif YES Deputy Mayor Renaud YES Councillor Rosehart YES Councillor Klein NO Councillor Beres NO The recorded vote reflects the vote is four in favour of the motion and two are against the Motion. The motion is "Carried" DEVELOPMENT & COMMUNICATIONS 13. Report DCS 12-42-Property Standards By-Law C] ~I ~ Property Standards-Letter to Town.pdf Presented By: Director of Development and Communications Council has requested that the by-law be amended to reflect that Council be part of the appeal process for property standard actions. Page 5 MINUTES: Meeting for the Committee "Open Council" Resolution No. 8: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT Council receive report DCS 12-42- Property Standards By-Law; FURTHER RESOLVED THAT Council adopt the recommendations contained therein. "Carried" 14. Report DCS 12-39 Town Owned Lands CJ Presented By: Director of Development & Communications Resolution No. 9 Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive report DCS 12-39 Town Owned Lands, as information; FURTHER RESOLVED that Council adopt the recommendations contained therein. "Carried" 15. Report DCS 12-36 -Amendment to Land Leases for Airport Hangar CJ Presented By: Director of Development & Communications Resolution No. 10: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receive report DCS 12-36- Amendment to Land Leases for Airport Hangar; FURTHER RESOLVED THAT Council approve amendments to the land lease agreements with Larry & Caryle Anger, David & Anita Hilner, and Harvey & Jill Roddick; AND FURTHER RESOLVED THAT by-laws be brought forward in this regard. "Carried" 16. Report DCS 12-43-Amendment to Land Lease for Airport Hangar (Lee) [;] Presented By: Director of Development & Communications Resolution No. 11: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receive report DCS 12-43- Amendment to Land Lease for Airport Hangar (Lee); FURTHER RESOLVED THAT Council approve the amendment to the land lease agreement with Rick Lee and Geoff Lee; AND FURTHER RESOLVED THAT a by-law be brought forward in this regard. "Carried" 17. Report DSC 12-45 -Community Marketing Update CJ Presented By: Director of Development & Communications Council request that this come back to council for review prior to it being launched. Resolution No. 12: Page 6 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receive report DCS 12-35 Community Marketing Plans as information only. "Carried" PARKS & RECREATION SERVICES 18. Report PRS 12-01. Executive Summary to By-Law 3628 [) Presented By: Acting Director of Parks & Recreation Services Resolution No. 13: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Executive Summary Report PRS 12-01 as information; FURTHER RESOLVED THAT By-Law 3628 to govern the operation of municipal cemeteries, be brought forward for Council consideration for three readings. "Carried" 19. Report PRS 12-14 Energy Management of Municipal Facilities Presented By: Acting Director of Parks & Recreation Services ~41 ~ Report PRS 12-14.pdf Resolution No. 14: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive report PRS 12-14 Energy Management of Municipal Facilities for information only. "Carried" NOTICE OF MOTION RESOLUTIONS 20. Queen's Diamond Jubilee Medal Nomination C:'l Resolution No. 15: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receive the Nominations for the Queen's Diamond Jubilee Medal Program; FURTHER RESOLVED THAT Council nominate Bill & Marion Pratt and Ester Parkhill forthe 2012 Queen's Diamond Jubilee Medal for the Town of Tillsonburg; AND FURTHER RESOLVED THAT the Queen's Diamond Jubilee Medal be presented at a future open Council meeting if one of the nominees is awarded the medal by the Government of Canada. "Carried" Page 7 MINUTES: Meeting for the Committee "Open Council" BY-LAWS 21. By-Law 3625 To Adopt the Committee/Staff Liaison Policy CJ Resolution No. 16: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3625, 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" 22. By-Law 3627, To Authorize an Agreement with Rick's Carpet for the sale of 60 Cedar Street [J Resolution No. 17: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3627, 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" 23. By-Law 3628, To Govern the Operation of Municipal Cemeteries CJ Resolution No. 18: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3628, to Govern the Operation of Municipal Cemeteries, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3628, 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" 24. By-Law 3629, To Appoint a By-law Enforcement Officer CJ Resolution No. 19: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3629, To Appoint a By-law Enforcement Officer, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3629, 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. "Carried" 25. By-Law 3631. To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick ~ Resolution No. 20: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3631, To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick, be read for a first and second time and this constitutes the first and second reading thereof; Page 8 MINUTES: Meeting for the Committee "Open Council" FURTHER RESOLVED THAT By-Law 3631, 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" 26. By-Law 3632, To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick [) Resolution No. 21: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3632, To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3632, 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" 27. By-Law 3633. To Authorize an Agreement with Larry Anger & Caryle Anne Anger [3 Resolution No. 22: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3633, To Authorize an Agreement with J. Larry Anger & Caryle Anne Anger, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3633, 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" 28. By-Law 3634, To Authorize an Agreement with David Hilner and Anita Hilner CJ Resolution No. 23: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3634, To Authorize an Agreement with David Hilner and Anita Hilner, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3634, 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" 29. By-Law 3635, To Authorize an Agreement with Rick Lee and Geoff Lee D Resolution No. 24: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3635, To Authorize an Agreement with Rick Lee and Geoff Lee, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3635, 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. Page 9 MINUTES: Meeting for the Committee "Open Council" "Carried" 30. By-Law 3636, To Authorize an Agreement with R. Paul Weber and Hendriks K.Weber [;! Resolution No. 25: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3636, To Authorize an Agreement with R. Paul Weber and Hendrika K. Weber, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3636, 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" 31. By-Law 3637, To Authorize an Agreement with R. Paul Weber and Hendriks K.Weber t::~,J 'L:i By-Law 3637.pdf By-Law 3637 Schedule A.pdf Resolution No. 26: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3637, To Authorize an Agreement with R. Paul Weber and Hendrika K. Weber, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 32. By-Law 3638. Property Standards By-Law 3638.pdf Resolution No. 27: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3638, Property Standards, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 33. By-Law 3630. To Confirm the Proceedings of the Council Meeting of July 9, 2012 CJ Resolution No. 28: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3630, To Confirm the Proceedings of the Council Meeting of July 9, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVED THAT By-Law 3630, 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" Page 10 MINUTES: Meeting for the Committee "Open Council" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein AND RESOLVED THAT the meeting be adjourned at 9:20PM Approval Received: (1 of 1) Donna Wilson!Tillsonburg (Tuesday July 10, 2012 11:23 AM) Town of Tillson burg Page 11 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Orders of the Day: CALL TO ORDER MINUTES Town of Tillsonburg Open Council Meeting on 06/25/2012 06:00PM Council Chambers Chair: John Lessif The meeting was called to order at 6:00 PM ATTENDANCE: Mayor John Lessif Deputy Mayor Mark Renaud Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Beres Councillor Marty Klein Staff: Kelley Coulter, CAO David Samis, Director of Development & Communication Services Steve Lund, Director of Operations Darrell Eddington, Director of Finance Janet McCurdy, Acting Director of Parks & Recreation Services Donna Wilson, Clerk REGRETS: Councillor Mel Getty ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Klein AND RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of June 25, 2012, be adopted, as amended. "Carried" CLOSED MEETING SESSION 14 Page 1 MINUTES: Meeting for the Committee "Open Council" Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Klein AND RESOLVE THAT Town Council move into Closed Session, to consider matters relating to: Matters pertaining to the security of the property of the municipality or local board; Matters pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board; Matters pertaining to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Matters pertaining to an identifiable individual, including municipal or local board employees. "Carried 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 June 11, 2012 1:3 Resolution No. 3: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVE THAT the Minutes of the Open Council Meeting of June 11, 2012, be approved. "Carried" DELEGATIONS 1. Tillsonburg Public Library Summer Reading Program [J Presented By: Kristina Overbeek, Children's Summer Programme Coordinator Terry Pope, Library CEO Terry Pope, Library CEO introduced Kristina Overbeek the Children's Summer Programme Coordinator for the Tillson burg Library. Kristina gave an overview of the Tillsonburg Public Library summer reading program and the various prizes and contests that will continue throughout the summer. . INFORMATION ITEMS 2. Source Water Protection Program CJ 3. The Queen's Diamond Jubilee Medal Program [:} This item will be in the next issue of Focus on Tillsonburg as well as the front page of our Town website. CHIEF ADMINISTRATIVE OFFICER Page 2 MINUTES: Meeting for the Committee "Open Council" 4. DCS 12-41 Committee/Staff Liaison Policy bl Presented By: CAO Resolution No. 4 Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council receive Report DCS 12-41 Committee/Staff Liaison Policy; FURTHER RESOLVE THAT a by-law to endorse the Committee/Staff Liaison Policy, be brought forward for Council consideration. "Carried" 5. Delegations for AMO August 19 -22. 2012 [) Staff are seeking direction on which Ministries Council wish to request Delegations with for the 2012 AMO Conference August 19 -21, 2012. Council to forward suggestions to the CAO. FINANCE 6. Insurance Review Feasibility Study Cl Information item -asking for municipalities to make comment on this report. Council are invited to submit comments, questions and attend a presentation by KPMG Consultant or submit comments or questions to the Director of Finance prior to the County Council meeting of July 11th, 2012. at 10:00 AM. COMMITTEE MINUTES & REPORTS 7. Committees of Council Minutes I) 8. Long Point Region Conservation Authority Minutes of May 2, 2012 CJ NOTICE OF MOTION RESOLUTIONS 9. Business Tax Capping Reform CJ Resolution No. 5: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND Whereas the Province of Ontario first introduced mandatory "business tax capping" for the commercial, industrial and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years; And whereas this "temporary" and "transitional" measure was succeeded by a permanent Page 3 MINUTES: Meeting for the Committee "Open Council" business tax capping program for the 2001 and subsequent taxation years; And whereas the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied; And whereas the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year; And whereas it has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates; And whereas this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties; And whereas this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a significant burden on the financial and administrative resources of both the County and local municipalities; Therefore be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and That the Town of Tillson burg calls on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle; and That the discussion paper "Allowing Municipalities to Opt Out of Business Tax Capping" prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directly to this subject matter, and which addresses many of this Council's concerns, interests and preferences, shall be attached to, and shall form a part of this motion; and That copies of this motion, along with the above mentioned attachment, are to be sent to: Premier Dalton McGuinty; The Honourable Dwight Duncan, Minister of Finance; Honourable Kathleen O'Wynne, Minister of Municipal Affairs and Housing; Ernie Hardeman, MPP Oxford; Gary McNamara, President, Association of Municipalities of Ontario (AMO); Allan Doheny, Assistant Deputy Minister-Provincial Local Finance Division (Acting); Janet Mason, Assistant Deputy Minister-Local Government and Planning Policy Division, Minister of Municipal Affairs and Housing. The County of Oxford Western and Eastern Warden groups and all Municipalities in the province of Ontario. "Carried" BY-LAWS Page 4 MINUTES: Meeting for the Committee "Open Council" 10. By-Law 3625 To Adopt the Committee/Staff Liaison Policy b:l Resolution No.6: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT By-Law 3625, To Adopt the Committee/Staff Liaison Policy, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 11. By-Law 3626. To Authorize an Agreement with J. Kauenhofen. In Trust CJ Resolution No. 7: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT By-Law 3626, To Authorize an Agreement with J. Kauenhofen, In Trust, be read for a first and second time and this constitutes the first and second reading thereof. FURTHER RESOLVE THAT By-Law 3626, 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" 12. By-Law 3627, To Authorize an Agreement with Rick's Carpet for the sale of 60 Cedar Street Will I I I_~~ ,j By-law 3627 Sale of Land to Ricks Carpet-60 Cedar St.pdf By-Law 3627 Schedule A. pdf Resolution No. 8: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT By-Law 3627, To Authorize an Agreement with Rick's Carpet Limited for the sale of 60 Cedar Street, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 13. By-Law 3624 To Confirm the Proceedings of the Council Meeting of June 25, 2012 [:J Resolution No. 9: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVE THAT By-Law 3624, To Confirm the Proceedings of the Council Meeting of June 25, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3624, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Page 5 MINUTES: Meeting for the Committee "Open Council" Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein AND RESOLVED THAT the meeting be adjourned at 6:48PM "Carried" Approval Received: (1 of 1) Donna Wilson!Tillsonburg (Tuesday June 26, 2012 10:31 AM) Town of Tillsonburg Page 6 File: AOS/12 Date: June 27, 2012 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. I 990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday July 9, 2012 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS/APPLICANTS: Gary Ramsey 46 Dereham Drive Tillsonburg ON N4G 2A8 LOCATION: AGENT: LOT 9 PL I 082, municipally known as 46 Dereham Drive, Town of Tillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a lean-to garage. The application requires relief from Section 6.2, Low Density Residential (Rl) zone provisions of the Town of Tillsonburg Zoning By-Law to permit a reduced interior side yard width from I .2 metres (3.9 feet) to 0.6 metres (2.0 feet). You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@county.oxford.on.ca. Yours truly, Donna Wilson Secretary-Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2nd Floor Tillsonburg ON N4G SA 7 lilllbcfgrdCoun~ '9f!J growing stronger. .. together Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcounty.ca Our File: A 05/12 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNER: Gary Ramsey 46 Dereham Drive, Tillsonburg, ON N4G 2A8 VARIANCES REQUESTED: MEETING: REPORT NO: July 9, 2012 2012-172 Relief from Section 5.1.1.4, Accessory Uses, Buildings, Structures -Minimum Interior Side Yard Setback, to reduce the minimum interior side yard setback from 1.2 m (3.9 ft.) to 0.6 m (2.0 ft); Relief from Section 5.1.1.4, Accessory Uses, Buildings, Structures -Minimum Distance from Main Buildings, to reduce the minimum distance of an accessory structure from the main building from 1.2 m (3.9 ft) to nil; and LOCATION: The subject property is described as Lot 9, Plan 1082 in the Town of Tillsonburg. The lands are located on the south side of Dereham Drive, west of Denrich Ave and east of Sanders Crescent and are municipally known as 46 Dereham Drive. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSON BURG ZONING BY-LAW: SURROUNDING USES: COMMENTS: (a) Purpose of the Application: Low Density Residential Low Density Residential-Type 1 (R1) Surrounding uses consist predominantly of single- detached dwellings The applicant proposes to obtain relief from the above-noted sections of the Tillsonburg Zoning By-law to facilitate the construction of a 'lean-to' accessory building above the existing concrete pad adjacent to the driveway and attached garage. File No. A 05/12 (d) Intent and Purpose of the Zoning By-law: Report No. 2012-172 Page 3 The subject property is zoned Low Density Residential-Type 1 (R1) in the Town of Tillsonburg Zoning By-Law No. 3295. The R1 zone provisions require that accessory buildings be situated a minimum 1.2 m (3.9 ft) from side lot lines and minimum distance of 1.2 m (3.9 ft) from a main building. The purpose of the interior side yard width is to ensure that there is adequate space to maintain buildings and structures without trespassing on adjacent properties and to ensure buildings and structures are situated an appropriate distance from lot lines to accommodate drainage and run- off. The proposed reduced interior side yard setback will still provide sufficient room for access and maintenance on the subject property and will comply with the remaining requirements of the Zoning By-law. The Chief Building Official has not identified any Ontario Building Code issues associated with the reduced clearance between the accessory building and the dwelling. (e) Desirable Development/Use: The applicant proposes to construct a proposed 'lean-to' accessory building measuring 3.96 m (13 ft) by 7.62 m (25 ft), with an area of an area of 30.19 m2 (325 ft2) a minimum of 0.6 m (2 ft) from the westerly interior lot line, and immediately adjacent to the dwelling. The owner has indicated that the proposed accessory building will be used to cover a small boat that is parked on an existing concrete pad; the owner intends to construct the accessory building to provide more sheltered storage for the said boat. The owner has indicated that the ends of the accessory building will remain unenclosed. Public notification of the application for minor variance was circulated to surrounding property owners on June 27, 2012. As of the writing of this planning report, no correspondence has been received from the public. The proposed reduced interior side yard setback and reduced separation between the accessory building and dwelling are not anticipated to have adverse impacts to the neighbouring land uses. If approved, the proposed variances would not establish an undesirable precedent for this neighbourhood or elsewhere in the Town. Therefore, the applicant's request can be considered desirable for the intended residential use of this property. (f) Summary: In light of the foregoing, it is the opinion of this Office that the applicant's proposal can be given favourable consideration. The relief that the applicant is seeking will not negatively impact the normal use and enjoyment of neighbouring property owners. It is the opinion of this Office that the application for a reduced interior side yard setback from 1.2 m (3.9 ft) to 0.6 m (2 ft) and reduced minimum distance from main buildings from 1.2 m (3.9 ft) to nil to allow for the construction of a 'lean-to' accessory building constitutes a minor variance and can be supported from a planning perspective. For Committee's information, the latter variance was not included in the public notice that was circulated to neighbouring property owners. However, this Office is of the opinion that the inclusion of the variance for separation between the accessory lean-to and the main dwelling will have no impact on the proposal. lt!tt~rdCount~ ~· growing stronger. .. together ~ 0 0.1 NAD_1983_UTM_Zone_17N © County of Oxford Plate 1 -Location Map and Existing Zoning (with Parcel Lines) File No.: A-05/12-Ramsey Lot 9, Plan 1082, Tillson burg 0 0.06 0.1 Kilometers I I June 22, 2012 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY I i I I \, __ .. -I :~~ .' ·~--! r-1 ---\ -...._, x r--. ----.,./, ' I \·-·-.,...-~r · \ '3 1 --·-, \ \ --(,._ -----\ \ \\ ... .--l \ \ r.-.~ \ _...,,__ \.. --\ \ \ ~: \"c, .... '. I \---\ \ \ \ ,. __ , I ' );----\ ~------~~T_ ...... \L-; ~-·-\ Legend Parcel Lines (Displays 1:16 00 Boundary Lot Line Assessment Line Road ID Zoning (Displays 1: 16000 to 1 : Notes Sketch Plarx·-.... \ \ \ \ \ \ 91 I of:" '\ (:"; l'l(l.\ ~ '(; \) . \ 9 \ ... ~ --------?f\ __ , --~, v DEI(f.~J(/rn I Plate 3 -Applicant's Sketch File No.: A-05/12-Ramsey Lot 9, Plan 1 082, Tillson burg Df~IU t File No. A-05/12 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday July 9, 2012. OWNERS/APPLICANTS: Gary Ramsey 46 Dereham Drive Tillsonburg ON N4G 2A8 LOCATION: AGENT: LOT 9 PL 1082, municipally known as 46 Dereham Drive, Town ofTillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a lean-to garage. The application requires relief from Section 6.2, Low Density Residential (R 1) zone provisions of the Town ofTillsonburg Zoning By-Law to permit a reduced interior side yard width from the required 1.2 metres (3.9 feet) to 0.6 metres (2.0 feet). DECISION: APPROVED That the Town of Tillsonburg Committee of Adjustment approve Application File A 05/12, submitted by Gary Ramsey for lands described as Lot 9, Plan 1082 in the Town ofTillsonburg as it relates to: 1. Relief from Section 5.1.1.4, Accessory Uses, Buildings, Structures-Minimum Interior Side Yard, to reduce the minimum interior side yard setback from 1.2 m (3.9 ft.) to 0.6 m (2.0 ft); and Relief from Section 5.1.1.4, Accessory Uses, Buildings, Structures-Minimum Distance from Main Buildings, to reduce the minimum distance from main buildings from 1.2 m (3.9 ft) to nil, To allow for the construction of an accessory building, subject to the following conditions: i) A building permit for the proposed 'lean -to' accessory building shall be issued within one year of the date of the Committee's decision. ii) Minor Variance approval is granted only for a 'lean-to' accessory building that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 ofReportNo. 2012-172. iii) Notwithstanding any provision contained in By-law 3295, the maximum projection of an eave or gutter attached to the accessory building as described in Report No. 2012-172 shall be 0.16 m (0.5 ft) and the minimum setback between an eave or gutter and a lot line shall be 0.4 m (1.3 ft). Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson File: A06/12 Date: June 27, 2012 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday July 9, 2012 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS/APPLICANTS: Home Hardware Stores Limited 34 Henry Street West, St. Jacobs ON NOR 2NO LOCATION: AGENT: Fred and Allen Schiedel c/o Schiedel Construction Inc. 406 Queen St. West Cambridge, ON N3C 1 G6 Part of Lot 398, 412, 412A, 413, Plan 500, designated as Parts 1, 2, 3, 4 on RP 41R-8267 & 41R-3627, municipally known as I OJ Tillson Ave, Town of Tillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of open storage buildings. The application requires relief from Section 14.2, Service Commercial (SC) zone provisions of the Town of Tillsonburg Zoning By-Law to permit a decreased exterior side yard setback from 9.0 metres (29.5 feet) to 1.00 metres (3.28 feet) and decreased rear yard setback from 7.5 (24.6 feet) metres to 1.0 metres (3.28 feet). You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@county.oxford.on.ca. Yours truly, Donna Wilson Secretary-Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2"d Floor Tillsonburg ON N4G SA 7 la"\fgrdCounty: ~ growini stronger. .. together Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcountv.ca Our File: A 06/12 APPLICATION FOR MINOR VARIANCE TO: Town of Tillson burg Committee of Adjustment OWNER: Home Hardware Stores Limited 34 Henry Street West St. Jacobs ON NOB 2NO VARIANCES REQUESTED: MEETING: REPORT NO: AGENT: Fred & Allen Schiedel July 9, 2012 2012-173 c/o Schiedel Construction Inc. 405 Queen St W, Cambridge, ON N3C 1 G6 Relief from Section 14.2, Service Commercial Zone Provisions-Exterior Side Yard, to reduce the minimum required exterior side yard width from 9 m (29.5 ft) to 1.0 m (3.2 ft); and Relief from Section 14.2, Service Commercial Zone Provisions-Rear Yard, to reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 1.0 m (3.2 ft). LOCATION: The subject property is described as Lots 412, 412A, 413 & Part of Lot 398, Plan 500 in the Town of Tillsonburg. The lands are located on the south side of Concession Street East and are bordered to the west by King Street, to the south by Bridge Street East and to the east by Tillson Avenue. The lands are municipally known as 101 Tillson Avenue. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: High Density Residential Service Commercial Zone (SC) Surrounding uses include service commercial uses to the east and north, high-density residential uses to the west, low density residential uses to the south File No. A 06/12 Report No. 2012-173 Page3 In determining whether the variance is desirable, the plan states that the Committee shall consider: • whether there are constraints and/or restrictions due to physical or inherent conditions of the site; • whether alternative designs of the proposal are clearly not feasible or appropriate; • the concerns of adjacent owners and residents, and community in general; • whether approval would create an undesired precedent; • whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. It is the opinion of this office that the applicants' request for a reduced exterior side yard width and rear yard depth complies with the policies of the Official Plan and will not set an undesired precedent. The proposed development will be under site plan control and represents an extension of the existing open storage buildings and will provide more screening of the lumber yard. The proposed development should not cause an adverse impact on adjacent property owners and can be considered desirable development of the subject property. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Service Commercial Zone (SC) in the Town of Tillsonburg Zoning By-Law No. 3295. The SC zone provisions require a minimum exterior side yard width of 9 m (29.5 ft) and minimum rear yard depth of 7.5 m (24.6 ft) for non-residential uses. The lot coverage, front yard, rear yard and side yard provisions contained in the Town's Zoning By-law are generally intended to limit the extent of buildings and structures on a lot to ensure proper sight lines along the road, provide for adequate space for drainage, access, parking and building maintenance, and act as a buffer between buildings. The proposed open storage buildings will be within a fenced compound that serves as the outdoor lumber storage area for the business. The proposed buildings will be outside of any site triangles and would not appear to have any negative impacts on traffic safety in this area. (e) Desirable Development/Use: The owners have indicated that the open storage buildings are desirable to maximize available space in the outdoor storage yard and to screen the yard from residential uses on the opposite side of King St and Bridge St E. The proposed buildings will be very similar to the existing open storage building constructed in 2009. Public notification of the application for minor variance was circulated to surrounding property owners on June 27, 2012. As of the writing of this planning report, no correspondence has been received from the public. The proposed variances to allow for a reduced exterior side yard width and rear yard depth to facilitate the construction of two open storage buildings are not anticipated to have adverse impacts to the neighbouring land uses. If approved, the proposed variances would not establish an undesirable precedent for this neighbourhood or elsewhere in the Town. Therefore, the applicant's request can be considered desirable for the intended service commercial use of this property. IIJJ~rdCount~ I§P· growing stronger. .. together liffi 0.2 NAD_1983_UTM_Zone_17N © County of Oxford Plate 1 -Location Map and Existing Zoning (with Parcel Lines) File No.: A-05/12-Fred & Allen Schiedel (Home Hardware Stores) Lot412, 412A, 413, Pt Lot 398 Plan 500, Tillsonburg '-., ~~ Bl ·;~ ·.·;~ ·tt:~ ·~ ~--· t1"' ~81 '1 '@JJ ilf;\ '!@ ® Gl'· rg@¥ I ' ~~;~~ ,CJ 0 0.12 0.2 Kilometers I I This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. June 22, 2012 NOTE:THIS IS NOT A PLAN OF SURVEY ~ / ; I '-..._/ i,--,! I • \ .... ..----1_----~--~.!..-'"f ' '0' ,....-"....-"\ o ' \ L-.• ~r__-( - \ ), \----- \ \ I i I ' \ . \ ~--<-. ~ \ ' '\ ... ....--~--..--~--~,_. I /";J \ '.-, jl \' ~{ '\ I (,· \ "'l-( \ \ I •' \---··· ' _)---:------1 \ .. \ ,_..., ' I . l";ll. I I ·~ '·-L.:-···• ~J----- M ~ : \ Legend ID Zoning (Displays 1:16000 to 1: Notes J Plate 3 -Applicant's Sketch File No.: A-05/12-Fred & Allen Schiedel (Home Hardware Stores) Lot 412, 412A, 413, Pt Lot 398 Plan 500, Tillsonburg --P-.!' .. JI!I!. __________________________ ,... ____ , ____________ ei----------------------------------------------------------- Bridge Slreel J 0 :::! ~ " l> < ~ c "' II I I .. -a---------------11 Concession Street Eosl r -----------------------------------------------------------------------------------------~·~- Figure 3-Open Storage Area (Corner of Bridge St. E, Tillson Ave) Figure 4-View of Open Storage Area (Facing East) File No. A-06/12 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday July 9, 2012. OWNERS/APPLICANTS: Home Hardware Stores Limited 34 Henry Street West, St. Jacobs ON NOR 2NO LOCATION: AGENT: Fred and Allen Schiedel c/o Schiedel Construction Inc. 406 Queen St. West Cambridge, ON N3C 1 G6 PartofLot398, 412, 412A, 413, Plan 500, designated as Parts 1, 2, 3, 4 on RP 41R-8267 & 41R-3627, municipally known as 101 Tillson Ave, Town ofTillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of open storage buildings. The application requires relief from Section 14.2, Service Commercial (SC) zone provisions of the Town ofTillsonburg Zoning By-Law to permit a decreased exterior side yard setback from the required 9.0 metres (29.5 feet) to 1.00 metres (3.28 feet) and decreased rear yard setback from the required 7.5 (24.6 feet) metres to 1.0 metres (3.28 feet). DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A 06112, submitted by Home Hardware Stores Limited for lands described as Lots 412, 412A, 413 & Part of Lot 398, Plan 500 in the Town of Tillson burg as it relates to: 1. Relief from Section 14.2, Service Commercial Zone Provisions-Exterior Side Yard, to reduce the minimum required exterior side yard width from 9.0 m (29.5 ft) to 1.0 m (3.2 ft); and Relief from Section 14.2, Service Commercial Zone Provisions-Rear Yard, to reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 1.0 m (3.2 ft); To allow for the construction of two open storage buildings subject to the following conditions: i) A building permit(s) for the proposed open storage buildings shall be issued within oneyearofthe date of the Committee's decision. ii) Minor Variance approval is granted only for two open storage buildings that are substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No. 2012-173. Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson File: A07112 Date: June 27, 2012 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PuBLIC HEARING Please take notice that the following application has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday July 9, 2012 Time: 6:00pm Location: Town Council Chambers Tillson burg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS/APPLICANTS: Carolyn Lamers 15 Lisgar Crt Tillsonburg ON N4G IN6 LOCATION: AGENT: Ash Design c/o Michael Ash P.O. Box 427 Tillsonburg, ON N4G 4H8 L T 545E PL 500, municipally known as 15 Lis gar Crt, Town of Tillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new double garage. The application requires relief from Section 6.2, Low Density Residential (Rl) zone provisions of the Town of Tillsonburg Zoning By-Law to permit a reduced Rear Yard Depth from 12 metres (39 .3 feet) to 4.28 metres (14 feet). You are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@county.oxford.on.ca. Yours truly, ~~~ Donna Wilson Secretary-Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2"d Floor Tillsonburg ON N4G SA 7 Yd~rdCount 'f!J growing stronger. .'Ytogether Community and Strategic Planning P. 0. Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcountv.ca Our File: A 07/12 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNER: Carolyn Lamers 15 Lisgar Court MEETING: REPORT NO: AGENT: Ash Design P.O. Box 427 July 9, 2012 2012-174 Tillson burg ON N4G 1 N6 Tillsonburg ON N4G 4H8 VARIANCES REQUESTED: Relief from Section 6.2., Low Density Residential Type 1 (R1) Zone Provisions-Minimum Rear Yard Depth, to reduce the minimum required rear yard depth from 12m (39.3 ft) to 4.28 m (14 ft). LOCATION: The subject property is described as Lot 545E, Plan 500 in the Town of Tillsonburg. The lands are located on the north east side of Lisgar Court, west of Lisgar Ave and north of Concession St. E. The lands are municipally known as 15 Lisgar Court. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: COMMENTS: (a) Purpose of the Application: Low Density Residential Low Density Residential -Type 1 (R 1) Surrounding uses include existing low density residential uses and Lake Lisgar to the west. The applicant proposes to obtain relief from the above-noted section of the Tillsonburg Zoning By-law to facilitate the construction of an attached double car garage on the property. Assessment records indicate the property has an approximate area of 1,077 m2 (11 ,597 ft2). The existing single detached dwelling is one storey in height and has an approximate ground floor area of 151 m2 (1621 ft2). The proposed double car attached garage will have an approximate area of 87 m2 (940 ft2). File No. A 07/12 Report No. 2012-174 Page 3 The purpose of the rear yard setback is to ensure that single detached dwellings maintain sufficient setback to provide a buffer for neighbouring properties, adequate recreational and amenity area, and proper area for drainage. Due to the large lot area, the proposed double car garage is not expected to negatively affect the private amenity space in the rear yard. A lot grading plan will be required as part of the building permit application to ensure lot drainage remains appropriate. The proposed garage will comply with the remaining requirements of the Zoning By-law. (e) Desirable Development/Use: The applicant proposes to construct a double car attached garage having an approximate area of 87 m2 (940 W). The proposed garage will replace an existing attached garage and would encroach into the required rear yard approximately 7.62m (25ft). Public notification of the application for minor variance was circulated to surrounding property owners on June 27, 2012. As of the writing of this planning report, no correspondence has been received from the public. It appears that the proposed garage addition is in keeping with the character of the surrounding residential neighbourhood and the attached garage is not anticipated to create adverse impacts on neighbouring land uses. Committee will note that while the proposed lot depth is significant relative to the standard requirement of the R1 Zone, it is only at the westerly corner of the garage that the yard depth will be 4.28 m. Moving to the west, the proximity of both the northerly and easterly walls of the new construction increase significantly. If approved, the proposed variance would not establish an undesirable precedent for this neighbourhood or elsewhere in the Town. Therefore, the applicant's request can be considered desirable for the intended residential use of this property. (f) Summary: In light of the foregoing, it is the opinion of this Office that the applicant's proposal can be given favourable consideration. The relief that the applicant is seeking will not negatively impact the normal use and enjoyment of neighbouring properties or the amount of amenity space available on the lot. It is the opinion of this Office that the application for a reduced minimum rear yard depth from 12 m (39.3 ft) to 4.28 m (14 ft) to allow for the construction of a double car attached garage, constitutes a minor variance and can be supported from a planning perspective. RECOMMENDATION That the Town of Tillsonburg Committee of Adjustment approve Application File A 07/12, submitted by Carolyn Lamers for lands described as Lot 545E, Plan 500 in the Town of Tillsonburg as it relates to: 1. Relief from Section 6.2., Low Density Residential Type 1 (R1) Zone Provisions- Minimum Rear Yard Depth, to reduce the minimum required rear yard depth from 12 m (39.3 ft) to 4.28 m (14 ft) to allow for the construction of a double-car attached garage, subject to the following conditions: 18t~rdCounty ~ growing stronger. .. together ""• ''""" 0.1 om NAD_1983_UTM_Zone_17N © County of Oxford Plate 1 -Location Map and Existing Zoning (with Parcel Lines) File No.: A-07/12-Ash Design Lot 545E, Plan 500, Tillsonburg 0 0.06 0.1 Kilometers I I June 22, 2012 1:2,366 0 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY "--· ../ ,jl {-/ I • \ ,r1-.... ---~__.. .. !~~-\. , ·o· ,.......~ ..... \ J \ --.-~r-···r -\ , . \------ \ \ 1 J ' I ' \ . \ .-<-~ \ ' ' ' ... -r---- /.,,__ I . . /'\;-' \ \ '-' • r '\ I ,: 'v,...,.) ' .. \ \ " . I I i \ 'I ·.' \"-----· h---·''\ . \ ;:....~,..-··.--', I ~. .. ' I-·~ 'c., ...,_:---.;J------\ Legend Parcel Lines (Displays 1:16 00 Boundary Lot Line Assessment Line Road ID Zoning (Displays 1:16000 to 1: Notes Plate 3 -Applicant's Sketch File No.: A-07/12-Ash Design Lot 545E. Plan 500, Tillson burg If' l I ' ''. :•; rl! I i'i . i ~ • PI -----\ I \ I -·\ (1" ·, -:t"\ I \ I \ I \ I ·~ ,I --\ ~I \ \ \ \ \ \ ·-\-:r '· -r"" \~ \ \ \ \ \ ;~ ~L--------.... .,-.. _______ __j' lift 03 ;~ z 0 !•t 0 "' I I g, 5 z U) ~~~ !~; 0 5 m <{ rl~ -./. IL .... _ .. ;--"' 0 t Iii -i· z .... ~ 1 .., IL ! f 0 l ·'l ij) I ~r ~ ' i; ' ! I ' / File No. A-07/12 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday July 9, 2012. OWNERS/APPLICANTS: Carolyn Lamers 15 Lisgar Crt Tillsonburg ON N4G 1N6 LOCATION: AGENT: Ash Design c/o Michael Ash P.O. Box427 Tillsonburg, ON N4G 4H8 LT 545E PL 500, municipally known as 15 Lisgar Crt, Town ofTillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new double garage. The application requires relief from Section 6.2, Low Density Residential (R1) zone provisions of the Town ofTillsonburg Zoning By-Law to permit a reduced Rear Yard Depth from the required 12 metres (39.3 feet) to 4.28 metres (14 feet). DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A 07/12, submitted by Carolyn Lamers for lands described as Lot 545E, Plan 500 in the Town of Tillson burg as it relates to: I. Relief from Section 6.2., Low Density Residential Type 1 (R1) Zone Provisions-Minimum Rear Yard Depth, to reduce the minimum required rear yard depth from 12m (39.3 ft) to 4.28 m (14ft); To allow for the construction of a double-car attached garage, subject to the following conditions: i) A building permit for the proposed attached double car garage shall be issued within one year of the date of the Committee's decision; ii) Minor Variance approval is granted only for a double car attached garage that is substantially and proportionally in compliance Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson C!J§I-z iliG Municipal Employer Pension Centre of Ontario UPDATE on OMERS: June 21, 2012 A number of activities are underway and the MEPCO Board wants to bring its membership up to date. a) Pension Sustainability and Contribution Rates -2012 Ontario Budget Public Sector Pension Initiative Many Joint Sponsored Pension Plans (JSPPs) have funding shortfalls, as does OMERS. The Province, as announced in the budget speech is consulting on proposed legislation that would "focus on ensuring that measures to improve funding do not add to employer and taxpayer expense beyond what has already been agreed to." During the budget lock up, AMO received clarification that public sector pension plans would include OMERS. The pension burden for municipalities participating in OMERS has increased considerably in recent years and some of the Province's transfer partners, such as school boards are OMERS employers and impacted by increasing contributions. Minimum funding levels for the OMERS Primary Plan have increased almost 60% since 2005 and are expected to continue to increase. During this time, there have been no benefit reductions and the future benefit reductions scheduled to begin on January 1, 2013 are relatively minor. Contribution rates have risen over the past two years with a scheduled increase of 0.9% in 2013. In order to manage future funding deficits to secure public pension plan sustainability, the Province's proposed approach for containing costs focuses on capping contributions and reducing future or ancillary benefits for "prospectus" employees to deal with the shortfalls before contributions could be increased. AMO/MEPCO representatives have met with Ministry of Finance staff to discuss municipal employer interests in this approach for containing costs and specific aspects of how a contribution capping regime might work, perspectives on what the triggers for pension plan benefit reduction might be and how to deal with disputes should plan sponsors not be able to negotiate benefit reductions and the transition into and out of a capping regime when shortfalls are handled. After the first phase of consultations, the advice of both employer and employee groups of the various pension plans is to be analyzed and work will be undertaken through the summer on drafting legislation, with introduction of legislation likely in the fall. 200 University Avenue, Suite 801, Toronto, ON., MSH 3C6, Canada Ministry of Health and Long-Term Care Office of the Minister 101h Floor, Hepburn Block 80 Grosvenor Street Toronto ON M7A 2C4 Tel 416-327-4300 Fax 416-326-1571 www.health.gov.on.ca JUN 2 2 2012 Mr. Don McKay Warden The County of Oxford Mlnlstere de Ia Sante et des Solns de longue duree Bureau du ministre 1 o• etage, edifice Hepburn 80, rue Grosvenor Toronto ON M7A 2C4 Tel 416-327-4300 Telec 416-326-1571 www.health.gov.on.ca PO Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Dear Warden McKay: {tj Ontario HL TC3967FL-2012-64 I am pleased to advise you that the Ministry of Health and Long-Term Care will provide The County of Oxford an additional annualized base funding of up to $135,100 with respect to the land ambulance grant for the 50:50 partnership for the 2012 calendar year. The Assistant Deputy Minister of the Direct Services Division will write to Mr. Michael Bragg shortly concerning the terms and conditions governing this funding. Thank you for your dedication and commitment to the provision of land ambulance services. Sincerely, Deb Matthews Minister c: Ernie Hardeman, MPP, Oxford Michael Bragg, Chief Administrative Officer Easio1Gwillimbury June 28, 2012 Association of Municipalities of Ontario (AMO) Attn: Monika Turner, Director of Policy 200 University Ave., Suite 801 Toronto, OntarioMSH 3C6 Dear Ms. Turner: !Fernando Lamanna, BA Deputy Clerk Legal and Council Support Services 905-478-4282 xl240 flamanna@eastgwillimbury .ca qopy ·-... For your information and records, at its regular meeting held Monday, June 25, 2012, the Municipal Council of the Town of East Gwillimbury adopted the following resolution #C2012-326: WHEREAS the Ministry of the Environment (M O.E) is currently establishing · guidelines for municipalities to use regarding the quality of fill imported to a receiving site; AND WHEREAS this only partially addresses Council resolution C2011-476, passed Monday, November 21, 2011; BE IT THEREFORE RESOLVED that the Province, through the MO.E., be requested to establish regulations and a Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerk forward copies of this resolution and resolution C20 11- 476 to York-Simcoe MPP, Julia Munro, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration and action. Please find enclosed a letter dated December 6, 2011 addressed to AMO, which represents resolution C2011-476 originally passed by Council on November 21, 2011. If you have any ftuiher questions feel free to contact the undersigned. e do Lamanna, BA eputy Clerk Legal and Council Support Services Cc: The Honourable Jim Bradley, Minister of the Environment Julia Munro, MPP, York-Simcoe "Our town, Our future" 19000 Leslie Street, Sharon, Ontario LOG 1 VO Tel: 905-478-4282 Fax: 905-478-2808 www .eastgwillimbury.ca .East of Gwillimbury June 28,2012 The Honourable Jim Bradley Minister of the Environment 77 Wellesley Street West 11th Floor, Ferguson Block Toronto ON M7A2T5 Dear Minister Bradley: Fernando Lamanna, 1BA lltbikoi&MW!?t" +H *" aw-• .. oun:mR'iiliid· , • · · ~s:cm.g o · · -, -,-iiJ?&V:&!E Deputy Clerk Legal and Council Support Services 905-478-4282 xl240 flamanna@eastgwillimbury.ca copy For your information and records, at its regular meeting held Monday, June 25,2012, the Municipal Council of the Town of East Gwillimbury adopted the following resolution #C2012-326: WHEREAS the Ministry of the Environment (M O.E) is currently establishing guidelines for municipalities to use regarding the quality of jill imported to a receiving site; AND WHEREAS this only partially addresses Council resolution C2011-476, passed Monday, November 21, 2011; BE IT THEREFORE RESOLVED that the Province, through the MO.E., be requested to establish regulations and a Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerk forward copies of this resolution and resolution C2011- 476 to York-Simcoe MPP, Julia Munro, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration and action. Please find enclosed a letter dated December 6, 2011 addressed to your office, which represents resolution C20 11-4 76 originally passed by Council on November 21, 2011. If you have any further questions feel free to contact the undersigned. Cc: Julia Munro, MPP, York-Simcoe Association of Municipalities of Ontario (AMO) "Our town, Our future " 19000 Leslie Street, Sharon, Ontario LOG 1 VO Tel: 905-478-4282 Fax: 905-4 78-2808 www.eastgwillimbury .ca Town ofG· . o 11 . East ... wt 1m bury Fernando Lamanna, BA ""*''*Mifi' F Deputy Clerk Legal and Council Support Services 905-478-4282 xl240 flamanna@eastgwillimbury. ca June 28,2012 Julia Munro, MPP York-Simcoe 45 Grist Mill Road, Unit 8 Holland Landing, ON L9N 1M7 Dear Ms. Munro: COpy For your infonnation and records, at its regular meeting held Monday, June 25,2012, the Municipal Council of the Town ofEast Gwillimbury adopted the following resolution #C2012-326: WHEREAS the Ministry of the Environment (M O.E) is currently establishing guidelines for municipalities to use regarding the quality of fill imported to a receiving site; AND WHEREAS this only partially addresses Council resolution C2011-476, passed Monday, November 21, 2011; BE IT THEREFORE RESOLVED that the Province, through the MOE., be requested to establish regulations and a Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerk forward copies of this resolution and resolution C2011- 476 to York-Simcoe MPP, Julia Munro, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration and action. Please find enclosed a letter dated December 6, 2011 addressed to your office, which represents resolution C2011-476 originally passed by Council on November 21,2011. If you have any further questions feel free to contact the undersigned. nando Lamanna, BA Deputy Clerk Legal and Council Support Services Cc: The Honourable Jim Bradley, Minister of the Environment Association of Municipalities of Ontario (AMO) "Our town, Our future" 19000 Leslie Street, Sharon, Ontario LOG 1 VO Tel: 905-478-4282 Fax: 905-478-2808 www.eastgwillimbury .ca .. June 27, 2012 Mr. Toby Barrett MPP, Haldimand-Norfolk toby.barrett@pc.ola.org Dear Mr. Toby Barrett, Re: Request Support for Bill11- Establish the South Western Ontario Development Fund Please be advised of th.e following resolution which was passed by Norfolk County Council to request your support of Bill 11: "THAT WHEREAS Bill 11 to establish a $20 million per year investment fund for South Western Ontario is presently before the Ontario legislature and is passage is being delayed and obstructed; AND.WHEREAS the intent of the South Western Ontario Development Fund is very similar to the recently concluded Sand Plains Development Fund (i.e. comprised of "patient pay-back loans" not "grants" or as some call it corporate welfare); AND WHEREAS through broad consultation, much effort by municipal representatives across Ontario has been put forward to frame the program design and this investment program is desperately needed and will play a major role in assisting the hard hit economy of rural and small town Ontario; NOW THEREFORE BE IT RESOLVED THAT Norfolk County Council requests our elected representative, Mr. Toby Barrett, MPP, Haldimand- Norfolk to support the Bill that would establish the South Western Ontario Development Fund which is a vitally needed investment program for rural and small town Ontario, and we ask that he encourage his peers in the Ontario Progressive Conservative Party to do likewise. " Corpm·ate Set·vices Governor Simcoe Square 50 Colborne Street South, Simcoe, Ontario N3Y 4H3 519-426-5870 Fax: 519-426-85 73 wwv-.' .norfolkcounty. ca hi Association of Municipalities of Ontario AMO's Submission to the Ontario Distribution Sector Panel Association of Municipalities of Ontario July 2012 Page 1 of35 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Canada tel: 416-971-9856 fax: 416-971-6191 email: amo@amo.on.ca website: www.amo.on.ca Introduction Ontario municipal governments were at the forefront of innovation in the energy sector as early as October 11, 1910, when Adam Beck brought power to the people in Kitchener. We have been involved in the energy sector ever since. We were involved in restructuring of Ontario's electricity sector in the mid-to-late 1990s. The recent reforms including the Green Energy Act has brought tremendous change and added complexity to what was already a complex sector. Municipal governments have a good understanding of the energy sector and how it serves their communities. Like all other Ontario energy consumers, Ontario municipalities are now paying for previous decades of neglect by provincial governments. As very large consumers of energy, accounting for nearly $1 billion of energy supplies annually, Municipal governments have been and will continue to be severely impacted by rising energy prices. They own a large stock of buildings and facilities in need of investment to support the Province's energy conservation and greenhouse gas reduction goals. Municipal governments are owners of local distribution companies (LDCs) which form the links between Ontario's residents and the provincial electricity supply. Municipal governments also host, and sometimes partner, in energy projects that are critical to Ontario's sustainable future. The Association of Municipalities of Ontario (AMO) is a non-profit organization representing almost all of Ontario's 444 municipal governments and their interests as owners, consumers, and project hosts. AMO is pleased to have the opportunity to submit this paper to the Ontario Distribution Sector Panel (Panel). It is our understanding that the Panel has been set up to research, analyze, provide advice and make recommendations to the Minister of Energy regarding issues related to Ontario's electricity distribution sector and distribution models. While we realize the Panel is focused on "financial advantages and savings that could be realized from consolidation of Ontario's local distribution companies", any restructuring should be "interpreted broadly and could include, as examples, consolidation, co-ordinated Page 3 of35 Through our research and consultations with municipal governments and LDCs, three key principles became eminently clear: 1. Since distribution only represents a maximum of 20% of the bill, regulatory and governance reform would yield far greater savings than mere consolidation. 2. Efficiency gains from merging municipal LDCs are dwarfed by the potential that exists within Hydro One-Hydro One is the least efficient LDC in the Province and must be part of the equation if a meaningful review is to occur. 3. LDCs are assets (mostly) owned by municipal governments. Any change must be driven by clearly identified business principles and if consolidation is deemed to create efficiencies, it must be led and facilitated, not mandated. As a result, this paper is organized around three key sections: Governance and Regulatory Reform, Consolidation and Conservation-which AMO believes should be a cornerstone of energy policy in this Province but is in danger of being ignored in favour of flashier, more expedient issues. The Panel must look to the most appropriate policy responses to the properly defined problem statements. It is at the municipal level that much can be accomplished in integrating land-use and energy infrastructure planning into a holistic approach that can optimize energy use, minimize waste and improve the quality of life for all Ontarians. It is our hope that the Panel recognizes the opportunities inherent in a new relationship between the Province, its regulatory agencies, utilities and municipalities that is based on better collaboration and a recognition that we all have to think differently and operate more efficiently. Governance and Regulatory Reform Very few fields are as fragmented and complicated as energy policy in today's Ontario. Over the years, provincial decision makers have swayed from favouring traditional, centralized electricity planning to a deregulated quasi-free market and back again. Ontario now has a hybrid market structure, consisting of a competitive wholesale energy market and significant amounts of centrally procured or regulated supply. The wholesale Page 5 of35 Governments, industry and NGOs should work together to improve Ontarians' energy literacy. Our citizens need to understand the energy choices that the Province faces so that they can make informed decisions based on realistic assessments of their respective costs and benefits. While this will not necessarily result in greater efficiencies, it will certainly help citizens and ratepayers understand the trade-offs that energy policy makers must make and may ideally lead to better and easier infrastructure siting processes for all types of energy infrastructure. In terms of changes that will lead to cost savings, consolidation is only one option for achieving efficiency. Bigger is not always better. Service quality, dependability, rate of return, are some of the factors that form any business plan of a willing buyer and seller. Since distribution only represents a maximum of 20% of the bill, the Panel should recommend other meaningful measures in its report to the Minister. It is time to carefully review the regulatory processes to identify areas that could be improved and streamlined. Conservation must become a higher priority for the regulators and utilities and the Ministry needs to review the entire regulatory process to remove unnecessary duplication and costly oversight that offers no real benefits for ratepayers. The OEB is frequently focused on bill impacts in its recent decisions-yet nobody seems to focus on the overall impacts of all of the compliance work. The following chart shows how rapidly the costs of the OEB have escalated at the same time as LDCs costs have decreased. Page 7 of 35 Regulatory streamlining and reform is required to realize greater efficiencies. The OEB must revise the guidelines around interveners to ensure they represent a distinct interest that is relevant to the issue being reviewed. New guidelines should also impose a cap on cost awards and include eligibility rules to weed out those that can pay their own way. The OEB should revise the guidelines around interveners to ensure they represent a clearly definable/distinct interest that is relevant to the issue being reviewed. New guidelines should also impose a cap on cost awards that reflects the costs and benefits of the review and include eligibility rules to weed out those that can pay their own way. AMO agrees with the Office of the Auditor General that the OEB must better coordinate and evaluate intervener participation in the rate-setting process in an effort to reduce duplication and time spent on lower-priority issues.1 The OEB must enhance the cost effectiveness of its rate-setting by working with the LDCs to address their concerns about the cost and complexity of the current rate-setting filing requirements and the impact on their operations. AMO again agrees with the Office of the Auditor General that the OEB should work with the regulated entities to address their concerns about the cost and complexity of the current rate-setting filing requirements and the impact on their operations; and, better coordinate and evaluate intervener participation in the rate-setting process in an effort to reduce duplication and time spent on lower-priority issues.2 The provincial Auditor General found that a typical LDC rate application can involve 1 ,200 pages of paper work, the use of external consultants and cost a mid-sized utility a quarter of a million dollars to complete. We understand that the OEB has recently retained a third party to initiate a review of the LDC rate applications and hearing process. 3 This will be a very 1 Office of the Auditor General of Ontario, 2011 Report, Tabled in the Legislative Assembly of Ontario on December 5, 2011. Section 3.02, Rec. 1. 2 Office of the Auditor General of Ontario, 2011 Report, Tabled in the Legislative Assembly of Ontario on December 5, 2011. Section 3.02, Rec. 1. 3 OEB Board Chair Rosemarie T. Leclair, Letter re Review of Rate Applications and Hearing Process, Toronto: June 26, 2012. Page 9 of 35 Our members see no rational benefit to create affiliated companies to conduct street lighting services --it is simply an unnecessary administrative burden that poses additional costs to the municipality with no real value to the public. Moreover, the operational distinction between the street lighting system and the distribution system is artificial given that for decades street lighting was maintained by local municipal electric utilities under Ontario Hydro regulation. Allowing LDCs to carry out street lighting maintenance assures many of our members access to reliable, qualified professionals that might not otherwise be available at all time in all areas of the Province. Maintenance of street lighting is an important public safety matter in the community. Municipal governments need to be able to ensure timely delivery of maintenance services for the benefit of the public. The OEB has applied a one size fits all approach to this issue and others like it in the name of attempting to ensure fair competition for private sector firms. The pendulum has now swung too far towards excessive rules, with too many layers of watchers at the expense of people who actually get things done. Some municipal governments will continue to utilize private firms for streetlight maintenance-all we are asking for is to allow LDCs to perform this service as they once did. System Planning AMO is not for or against any one particular type of generation as we believe a broad portfolio of supply options mitigates the risk of dependence on any one fuel supply but we are supportive of less GHG intense fuel sources. This portfolio should also be complimentary in terms of supplying base, intermediate and peak demands. We do maintain, however, that any potential hosts should have a say in the type of generation planned in their community and that any new generation should be the best available technology and should make use of all available energy types including thermal energy. Municipal governments must be invited to participate in the Regional Planning of energy infrastructure at its earliest stage. The current planning process in place since the first Supply Mix Directive of 2006 is too cumbersome because of the numerous shifts in direction, frequent ministerial directives and lack of coordination with municipal governments. The lack of consultation on many Page 11 of 35 Early consultation with affected municipalities will result in superior decisions relating to the siting of new generation facilities as well as the infrastructure to support the new generation. Municipal leaders can provide valuable intelligence on not only what sites would work best but also on how to improve community acceptance as well as how to maximize public investment by integrating new infrastructure into local land use and other planning. The current process of issuing RFPs to proponent who then determine sites without necessarily consulting the affected municipality will repeat past mistakes unless this process is amended as suggested. As the order of government closest to the public our members can provide valuable advice on program development and siting issues before major decisions are made-which will reduce the potential for major reversals and save time and money at the end of the day. Early and consistent consultations with municipal governments will not only avoid many expensive and unpleasant challenges with residents but will present alternative, superior solutions to issue facing our shared energy system that may not have been considered by the plan's developers. The following case study from Northwestern Ontario illustrates that municipal governments and LDCs also need to be at the table in terms of transmission planning to eliminate waste and maximize opportunities to grow our economy: Page 13 of35 A smart grid involves monitoring and controlling the electrical grid to ensure it remains balanced and reliable. Smart grid proponents suggest there are different 'types' of efficiencies: physical (energy lost), operational (staff processes and resources), and market level (economic efficiency)-all of which will result in better information, better service and reduced costs. In November 2010, the Minister of Energy issued a directive to the OEB requiring it to take steps to establish, implement and promote a smart grid by providing guidance to distributors, transmitters and other regulated entities. Since then the OEB, IESO, Smart Grid Forum and several private firms have engaged in discussions around customer, technical and operational objectives as well as the preparation of smart grid plans. In April 2011, the Ministry of Energy announced a $50 million Smart Grid Fund, offering financial support for projects that advance the commercialization of smart grid products and services. The smart grid promises homes and appliances consumers can control via the internet and mobile devices, distributed generation and demand response, electric vehicle charging infrastructure and a whole range of future products that may revolutionize the electricity and home building industries. AMO recognizes that the human capacity and future infrastructure needs to enable a smart grid may be beyond many current LDCs which is one reason why proponents of consolidation suggest the current situation is untenable. Indeed, whether we have 78, 68, 58, or some other number of LDCs, they will likely need capital support from investors whether pension funds or private lenders to be able to make the types of investments required to have a truly smart grid. However, AMO would like to point out what is also missing from this equation is the input of municipal governments into smart grid planning. While the OEB, IESO, some LDCs, electricity sector partners, automakers and certain academic institutions have all been engaged in smart grid developments, municipal governments have not despite the fact that they enforce the building code, regulate local roads and transportation infrastructure, utility corridors and a host of other hard and soft infrastructure issues that will affect the smart grid. Page 15 of 35 Consolidation The current collection of electric utilities is as diverse as the communities they serve. LDCs tend to be the products of history and geography -which makes developing a one-size-fits-all approach in terms of determining an ideal size, based on geography or the number of customers difficult and also difficult to "sell". Forced municipal amalgamations (another form of consolidation) did not necessarily achieve the desired outcomes (i.e. service and governance efficiency). The cross- subsidization of property taxes and "harmonization" of service costs, which became generally higher given successors rights, etc., within existing labour law and agreements. Forced municipal amalgamation became more about the number of municipal governments and boundaries and loss of community identity, rather than the tools to achieve efficiencies and better service within the municipal governance framework. Forced municipal amalgamation was a solution to a poorly identified concern and it brought unintended consequences. "We've replaced downloading, amalgamations and a one-size-fits-all approach with respect, partnership and consultation," Premier Dalton McGuint/ AMO is pleased that the Province has recognized municipalities as responsible and accountable governments-and have committed to a new form of government to government discussion, including pre-consultation as enshrined in the Memorandum of Understanding. This type of relationship also recognizes that accountability means mutual respect between municipal governments, the Province and other public agencies. In the face of the question of possible consolidation, many municipal governments are asking: since the Province would never consider forcing consolidation on privately owned companies, why should municipally-owned corporations be treated any differently? Is this signalling a new phase of forced amalgamation and not just in the 7 Remarks By Premier Dalton McGuinty To The Rural Ontario Municipalities Association And The Ontario Good Roads Association http:l/news.ontario.ca/opo/en/2006/02/remarks-by-dalton-mcguinty-premier-of- ontario-to-the-rural-ontario-municipalities-association-and-th.html February 21, 2006. Page 17 of 35 For example, Horizon Energy Solutions Inc. is managing and delivering all OPA COM programming under contract for Oakville Hydro. Horizon also houses three COM Key Account managers to meet the needs of nine LOCs and are dedicated to the needs of 30 large use customers. We also understand that Hydro One has contracted out its COM delivery to Union Gas-which has the potential of not only dramatically improving COM delivery in large parts of the Province but of realizing the efficiencies of combining electricity and natural gas incentive services. Such collaboration is occurring in all areas of the Province. For example, the Cornerstone Hydro Electric Concepts Association (CHEC) involves 12 LOCs in south, central and eastern Ontario while the Northwest Group serves five LOCs in northwestern Ontario. Founded in 2000 the CHEC group is an association of 12 LOCs modeled after a cooperative to combine resources, share insights and share professional services such as specialists on rate design, COM, and regulatory obligations. CHEC has been able to achieve the benefits of scale while maintaining accountability to its members and has developed a number of cost-effective solutions to improve operating and delivery standards. In 2008-2009, the Northwest Group (Thunder Bay Hydro, Sioux Lookout Hydro, Kenora Hydro, Fort Frances Power Corp. and Atikokan Hydro) worked as a group to take part in the London Consortium to gain approval for smart meters. The purchase, installation and operation were coordinated to take advantage of scale. The Northwest Group used one entity for billing software and smart meter operation and the same group has also consolidated the administration and delivery of COM programs. Most LOCs are sharing services wherever possible under existing regulations but as previously mentioned the regulatory environment needs to be recalibrated to ensure that regulated LOCS and not just their affiliates can share services, contract out when desired and develop whatever type of local innovation in service delivery that brings the Page 19 of 35 To recognize the reality that most LDCs are municipally owned and to realize the objective of looking at any combination of solutions instead of merely traditional consolidation, AMO suggests the Panel advise the Province to recommit to voluntary consolidation with some new parameters. Consolidation should be voluntary. Consideration of consolidation should be a local not a provincial decision. Forcing consolidation will negatively impact asset value and likely result in negative outcomes for shareholders-a perverse outcome that will also negatively impact the ability of remaining LDCs to make the necessary investments in infrastructure required in the near future. Bigger is not necessarily better. One size does not fit all when it comes to amalgamations or mergers in the Electricity sector. The following table demonstrates that bigger is not always better in terms of overall LDC performance: Page 21 of35 In the absence of the Shoulder to Shoulder utilities concept first developed in the MacDonald Report there will continue to be redundant electrical infrastructure and multiple service providers within the same area. The Shoulder to Shoulder concept also requires that Hydro One divests many of its assets if not its entire distribution grid. The creation of Shoulder to Shoulder utilities can only be achieved if Hydro One is willing to divest its distribution assets. The MacDonald Report's overriding principle that no service area should be left out in any restructuring should still apply. Based on maps of its distribution system on its website, Hydro One's 1.1 million customers appear to be divided into 52 areas (12 in the north and 40 in the south), each with approximately 21,000 customers. Allowing municipal LDCs to acquire these areas will help them improve the scale of their operations and offer more efficient service to the newly acquired areas. Some municipal LDCs may have no interest in this and may instead choose to merge with another LDC that has the capacity to expand, but this may also meet the needs of the Panel in terms of driving efficiencies and reaching a scale where LDCs can make the investments required of them in the near future. No doubt some will object that such a sale would inevitably result in cherry picking of the denser, more urban areas within southern Ontario at the expense of rural and remote areas. However, there is already a $175 million dollar a year Rural and Remote assistance mechanism in place. This mechanism should be preserved as a way to ensure that rates in Northern Ontario where there are greater distances and fewer customers remain competitive. Working with the independent evaluator, the Province and Hydro One could also ensure that the respective areas are packaged together in a way that enhances their value and does not leave them with only the areas with the worst returns. Moving customers to municipal LDCs will reduce the rates to the customer and improve LDC efficiency as well as service levels to the end use customers. Page 23 of 35 on ownership form".10 Maintaining public ownership also ensures that LDCs meet the economic, social and environmental needs of the ratepayers and citizens that it serves instead of merely the desires of the shareholders for ever greater returns. Consolidation should be commercially driven. Consideration of consolidation should be based on detailed business plans that point to specific cost savings for owners and consumers. Any consideration of consolidation, whether it is a merger, sale or lease type arrangement, should be based on a solid business case that addresses the financial benefits to ratepayers and shareholders, rate harmonization, as well as challenges including the successor rights, etc. of union agreements. Any restructuring must be done to take into account local conditions and the potential to realize synergies in terms of economic, customer and strategic benefits of scope and scale. The efficiencies of any consolidation framework have to outweigh the current situation plus the costs of transformation. Like many other businesses, effective and efficient management of utilities requires that its Board of Directors set clear objectives, use proper metrics to measure progress and provide clear accountability for those expected to meet the objectives. Utilities should drive relentlessly towards effectiveness and efficiency and focus on outcomes, not inputs. Quantitative data already exists that should guide the direction the Panel might take in seeking efficiency opportunities. All LDCs currently meet the standards for customer service and performance as set out by the OEB. Many entrepreneurial LDCs have created a competitive environment by tracking and publishing performance data on a regular basis and encourage productivity improvements. The OEB should refine and enforce efficiency, reliability and service standards as this benefits all consumers. Outliers including Hydro One should be given clear expectations and reasonable time periods to achieve required improvements. 1° Frank Cronin and Stephen Motluk, "How Effective are M&As in Distribution? Evaluating the Government's Policy of Using Mergers and Amalgamations to Drive Efficiencies into Ontario's LDCs," The Electricity Jouma/2007, 60-68. Page 25 of 35 "Ontario's energy consumption per person is amongst the highest in the world. For example, our energy consumption per person is 50% higher than New York State's and is double that of the United Kingdom."12 The good news is that the Province now has laudable conservation goals in its Long Term Energy Plan (L TEP)-to reduce by 4,550 MW by 2015 and 7,100 MW by 2030. Moreover, Ontario invested about $1 . 7 billion in conservation programs from 2006-1 0- which will save ratepayers $3.8 billion in avoided costs. These targets, which the Province suggests are among the most aggressive in North America, will be met through a combination of programs and initiatives: • Innovative energy efficiency programs for residential, commercial and industrial sectors • Next-generation building code updates and standards for appliances and products • Demand response programs to help reduce peak demand • Time-Of-Use rates. The government anticipates that the commercial sector will contribute 50 per cent of the conservation target; residential sector will contribute 30 per cent; and industrial sector 20 per cent. Over the next 20 years, Ontario's conservation targets and initiatives are projected to save about $27 billion in ratepayer costs on the basis of a $12 billion investment. Conservation will also do more than that by helping to ensure that Ontario's air is cleaner and the electricity sector reduces its impact on the environment. 13 AMO is a strong supporter of energy efficiency and Conservation and Demand Management (COM) initiatives because these programs save money, create local employment, improve system reliability and fight climate change. COM programs are 12 Ontario Clean Air Alliance and Ontario Clean Air Alliance Research Inc., An Energy Efficiency Strategy for Ontario's Homes, Buildings and Industries, Toronto: October 2011. 13 Ministry of Energy, Building Our Clean Energy Future: Ontario's Long-Term Energy Plan, Toronto: 2011. Page 27 of35 The LDCs have also been beset with a constantly changing COM policy environment. Three different regulatory frameworks with distinct risks, roles, responsibilities and rewards have been in place over the last six years and as their association has argued, "the transitions between these frameworks have not been smooth. Furthermore, the frameworks have progressively increased LDCs' regulatory requirements and responsibility for outcomes, without increasing LDCs' rewards or level of control over outcomes."14 The LDCs will currently not be able to meet their mandatory conservation targets by the target date of 2014 because the OEB has put a chill on potential Tier 2 or Board- Approved Programs (BAPs). The OEB turned down applications by both Toronto Hydro and Hydro One for BAPs. The rest of the sector is rightly concerned as putting such applications together under normal circumstances is a costly and time-consuming process-let alone when there is little-to-no chance of success. As a result, no BAPs have been approved and LDCs only now have a complete set of rules within which to develop programs even though we are roughly halfway through the 2014 target period. The OEB is deterring both gas and electricity from promoting conservation to its full potential. AMO agrees with the Environmental Commissioner of Ontario that "the recent rulings have been indifferent and even hostile towards conservation, the opposite of what the government intended when the Board's objectives were amended. In both the natural gas and electricity framework, the Ontario Energy Board has shown a focus on ratepayer costs in the short term, at the expense of the long-term system benefits of conservation, the financial savings for those who conserve and the harmful consequences for the environment."15 The Panel needs to weigh in on this short-term versus long-term need, otherwise no one will be appropriately served. 14 Electricity Distributors Association, Innovation From The Ground Up: Locally Driven Conservation, Toronto: 2012. 15 Environmental Commissioner of Ontario, Restoring Balance: A Review of the First Three Years of the Green Energy Act, Toronto: 2012. Page 29 of 35 policies and programs will help insulate Ontarians from volatile energy prices, reduce costs for public institutions and improve the international competitiveness of local firms. The Province must amend the Ontario Energy Board Act to include having regard to the environmental and social costs associated with energy consumption as one of the Board's objectives. The OEB should encourage more not fewer COM and OSM programs if it plans to enable utilities to meet the targets assigned to them. The OEB also should be directed to more explicitly consider the societal and environmental costs of energy consumption to factor in the multiple system benefits of COM and OSM. The Minister must direct the OEB to include the environmental and social costs associated with energy consumption in its analysis of COM and DSM programs. The Total Resource Cost (TRC) test is too limited to incorporate a true triple- bottom line approach to conservation program development and does a particularly poor job of valuing vital capacity-building initiatives. Conservation activities should be customer-centric. Current programs are perceived as engineering-based solutions, aimed to solve electricity system peak issues. Ontario needs customer-centric programs that help all customers save energy and reduce bills. This should include capacity building, customer education, as well as traditional incentive programs. The Province should empower LDCs and gas utilities to design and deliver COM and DSM programs according to recognized business cases. Allowing new and innovative programs to be designed at the local level will create more cost-effective conservation, cater to local needs and support research and development into new techniques and technologies. Groups of LOCs with similar customers could also work together to design locally relevant programs and effective programs could be expanded into other areas. AMO supports the development of a fixed price for COM and OSM and allowing the marketplace to innovative as a response. Page 31 of35 formats from different utilities. Furthermore, the recent increases in the global adjustment mechanism (GAM) have often meant that customers are paying more money for less energy, at a time when the hourly price is quite low. The Province should reform energy pricing policy to ensure bills clearly reward behaviour that yields an absolute reduction in energy demand. The Role of the Municipal Sector Municipal electrical consumption accounts for more than 4% of the total provincial consumption. The municipal sector is a very significant component of the broader public sector as municipalities consume well over 6.6 billion kilowatt-hours per year (or 6.6 terawatt-hours). In terms of costs, the sector spends over $1 billion a year on energy (including over $700 million on electricity) and energy costs are general between the third to fifth largest item in the annual budget of a municipality (where it is tracked as such). IESO/AMO Research indicates that the sector has the potential to reduce its consumption from 12% to 15% using a combination of energy efficiency measures and demand response activities. The municipal sector is doing its part to reduce energy consumption through energy efficiency projects and energy planning and will continue to do so as it grapples with multiple competing demands on its revenue. Energy conservation plans are good public policy because they help municipalities reduce costs and environmental impacts while enhancing existing asset management initiatives. The planning requirement under the Energy Conservation and Demand Management Plans Regulation (397/11) of the Green Energy Act will help municipalities gain better control of their energy consumption, but the plan and its implementation requires investments. AMO's subsidiary, LAS, is working to develop a number of support programs to assist those that lack the internal capacity to move forward with this important work. LAS delivers programs and services to 320 municipalities and 20 broader public sector entities (primarily school boards) including a number of valuable programs and products designed to help municipalities save money, energy and the natural environment through our Energy Services Division. Page 33 of35 It enhances municipal autonomy and is synergetic with other provincial policy objectives, including local job creation and energy conservation. The amendments to the regulation will be of benefit to municipalities that are currently interested in energy efficiency and renewable energy projects. Conclusion Ontario's energy system is becoming and must continue to become cleaner, more responsive and more efficient. Past periods of great risk have prompted Ontario to mobilize its wealth, skills, leadership, natural resources and entrepreneurial spirit to overcome great challenges. Time and again, we have emerged from crises better and stronger. Ontario has before it an historic opportunity to make and incent strategic investments in key infrastructure projects and new technologies to revolutionize our rather archaic and cumbersome energy system to place the province at the forefront of the new, greener economy. AMO has set out a number of recommendations in this paper based on the belief that the efficiency of a given LDC must be balanced with its effectiveness, as well as its contributions to the overall energy system and the community that is serves. This guiding principle, our collective experience, and an examination of data available to us led to the conclusions that: (1) regulatory and governance reform would yield far greater savings than mere consolidation, (2) efficiency gains from merging municipal LDCs are dwarfed by the potential that exists within Hydro One, and (3) that any consolidation that occurs must be voluntary and driven by business principles. AMO believes that if we stick to these guiding principles we can capitalize on the synchronicity between sound energy system planning and economic health to tap the productivity of our people, invest wisely, and restore Ontario's technological leadership. Page 35 of 35 Office of the City Clerk February 24, 2012 ·~rr~~(~"rrr\>'tf5 MAR-5 2012 :.v'. · ·.-,..J;_ .)_r'iiCes: ;,:l··.~r.:·~-i~·rt~\! r To all Ontario municipalities with any of hospitals, post secondary institutions or provincial correctional institutions: Dear Sir/Madam: RE: CITY COUNCIL MEETING -CITY OF KINGSTON SUPPORT FOR INCREASE IN PROVINCIAL PAYMENT-IN-LIEU OF TAXES-FEBRRUARY 21, 2012 I would confirm that Kingston City Council at its regular meeting held on February 21•1, 2012, approved the following resolution, being Clause 1., New Motions: 1) Moved Councillor Glover Seconded Councillor Schell WHEREAS in 1970 the rate of provincial payments in lieu of taxes for universities was arbitrarily set at $25 per full time student; and WHEREAS in 1973 that was doubled to $50 per student and the payment was expanded to include hospitals and provincial correctional institutions; and WHEREAS in 1987 that rate was increased by 50%, still without apparent justification, to $75 per student and bed; and WHEREAS that rate has remained constant since that time despite the fact that inflation would in 2012 require an almost doubling the payment ($146); and WHEREAS at least sixty-five communities have called for an increase in payments; and WHEREAS heads of universities are supporting that call; and WHEREAS Premier McGuinty has looked to the municipalities of the province to be the economic engine of Ontario; and WHEREAS the payments in lieu of taxes do not meet the actual costs of municipalities to provide the necessary services for the various institutions, thus placing an unfair tax burden on their property tax payers, thereby jeopardizing a municipality's ability to meet infrastructure demands, and consequently weakening their ability to act as economic engines; The Corporation of the City of Kingston 216 Ontario Street, Kingston, ON K7L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityolkingston.ca PORT COLBORNE CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K3C8 www.portcolborne.ca COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION May31, 2012 Donna Wilson, Clerk Development & Commnication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Donna Wilson: RE: Provincial Payment-in-lieu of Taxes Please be advised that, at its meeting of May 28, 2012, the Council of The Corporation of the City of Port Colborne resolved as follows: That the resolution received from the Town of Tillsonburg Re Provincial Payment-in-lieu of Taxes, be received for information; and That the Town of Tillsonburg be advised that at its meeting of March 26, 2012 Council supported the resolution received from the City of Kingston Re Provincial Payment-in-lieu of Taxes. Please find attached copy of the City of Port Colborne's correspondence to the City of Kingston, supporting this resolution. Sincerely, c::::·~ Ashley Gri~ ) City Clerk =----<-~ Encl. Telephone: 905-835-2900 E-mail: ashleygrigg@portcolborne.ca Fax: 905-834-5746 R. E F Eddy, Mayor Paul Emerson, C.A.O. Telephone 519-449-2451 Fax 519-449-2454 E-mail brant@brant.ca Web Sije http://www.brant.ca Ms. Donna Wilson, Clerk Town ofTillsonburg L 200 Broadway, 2"d Floor, Suite 2p4 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: June 19, 2012 County Administration Building 26 Park Ave. Burford, ON Mailing Address: P.O. Box 160 Burford, ON NOE 1AO At their meeting held on May 7, 2012 the Corporate Development Committee of Brant County Council considered the Town of Tillsonburg's resolution requesting the Province to review the basis for payments in lieu of taxes so that they meet municipalities' costs. The Committee received and filed your letter. a~~:~ Jayne Carman Clerk County of Brant ' THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS MOVED BY: ' ' ··---SESSION: June 12/12 ·- SECONDED BY: \), -~" . \.;"'h,....'-! v 4,:, /':......:)? .. X.:''"-. I ' "'! ,~' RESOLUTION NO.( t!Jf', THAT Council _.!. a Resolution from the Corporation of the Town of Tillson burg dated April 23, 2012 .....,·~·-~ i i'f." I I Re: Provincial Payment-in-lieu of Taxes. DIVISION FOR AGAINST VOTE DECLARATION CONFLICT OF INTEREST CARRIED~ o~. J.. ·=.;.)._ ) ,'';) ,'[\~7 ' .• ·I~[....__/--"-/ DEFEATEDO SIGNATURE: PRESIDING OFFICER (a) DISCLOSED HIS (THEIR) HER INTEREST(S). (b) VACATED HIS (THEIR) HER SEAT. DEFERRED 0 ' . oet"-ol ~c~>s\111· count~ \, jo-f>..!l!le o-<ottil uu(\<1'3-S· $\ t'oe \ ' tile 'I:OO'!Is'o'V 0 ~ tl' til\> .~ ~ tf $\l.!la\l.>· ae ~ . . _o~ ol . '1 a...~ 0 --' ,ie•'' co~. t'o\S -· ' 1 _.--~ (c) ABSTAINED FROM DISCUSSION AND DID NOT VOTE ON THIS QUESTION Clerk _________________ _ Township of Wellington North P.O. Box 125 • 7490 Sideroad 7 W • Kenilworth • ON • NOG 2EO June 12, 2012 Town of Tillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Donna Wilson, Clerk Re: Council Resolution -MTO Connecting Link Funding Dear Ms. Wilson: At the regular meeting of Council held on June 11, 2012 your above noted correspondence was reviewed by Council and the following resolution was passed: "THAT the Council of the Corporation of the Township of Wellington North support the resolution of the Town of Tillsonburg regarding MTO Connecting Link Funding." If you have any questions or require further information, please do not hesitate in contacting me. LH/cc Yours truly, / cb/~L__Q (Mrs.) L. Heinbuch A.M.C.T., C.M.C., C.E.M.C., Chief Administrative Officer/Clerk Tel 519-848-3620 Toll Free 1-866-848-3620 Fax 519-848-3228 v. \\W. well i ngton-north.com township@wellington-north.com A~, _?tratford Dramatically Different! Donna Wilson Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2"d Floor, Suite 204 TILLSONBURG, ON N4G 5A7 Dear Ms. Wilson: Re: MTO Connecting Link Funding June 18, 2012 Corporate Services Department Clerk's Office CITY of STRATFORD City Hall, P.O. Box 818 Stratford ON N5A 6W1 519-271-0250 Ext. 237 Fax: 519-273-5041 TTY: 519-271-5241 www.city.stratford.on.ca We acknowledge receipt of your resolution regarding the above-noted matter. The said resolution was provided to Council for their information as part of the June 11, 2012 Council Meeting Consent Agenda (CA-2012-54). City Council adopted the following resolution: "That the City of Stratford endorse the Town of Tillsonburg's resolution to advise the MTO of municipal disappointment regarding the lack of connecting link funding." /ja c: Gary Schellenberger, MP Randy Pettapiece, MPP Sincerely, Charlene Lavigne Deputy Clerk JUN-22-2012 FRI 12:07 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 P. 02 Township of Chatsworth Date June 20,2012 Be it resolved that the Council of the Township of Chatsworth support the resolution by the Town of Tillsonburg advising MTO of their disappoinnnent regarding the lack of connecting link funding .~J/ P~r;s?· Corporation •>f the Town of de Ia ville de Kapuskasing 88 Riverside Drive Kapuskasing, Ont. P5N 183 Tel: {705) 335-2341 Fax: (705) 337-1741 -------------~--------------- Ms. Donna Wilson, Clerk, Development and Communication Services, Town of Tillsonburg, 200 Broadway, 2"d Floor, Suite 204, Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: June 20, 2012 This will acknowledge copy of the letter from the Town of Tillson burg for resolution support to petition the Ministry of Transportation regarding the lack of Connecting Link funding. Kindly be advised that Kapuskasing Council concurred with the recommendation to support the resolution at its meeting held June 18, 2012. I trust th1s meets w1th your approval. Yours truly, . ·-·; ~'{_t4/~'-<'L /li'--/- BARBARA MAJOR, A.M.C.T. Clerk-Coordinator e 206 Toronto Street South, Unit 1, P.O. Box 409, Markdale, ON NOC 1HO Telephone: 519-986·2811 ~Fax: 519-986-3643 GreY. Hignlands June 27, 2012 HonK. Wynne Minister of Transportation 77 Wellesley St. W. Ferguson Block, 3rd floor Toronto ON M7A 1Z8 Honourable Minister: Toll Free: 1-888-342-4059 Email: info@greyhighlands.ca www.greyhighland~C:i> At the meeting of June 25, 2012 Council supported a resolution of the Town of Tillson burg regarding the Ministry of Transportation's lack of connecting link funding. Council requested by Resolution that this support be forwarded to the Minister of Transportation and the Province of Ontario. A copy of the resolution from the Town of Tillson burg is attached for your reference. Yours truly, Debbie Robertson, AMCT Clerk & Director of Corporate Services 'Dedicated to our Community' c: /Clerk, Town of Tillson burg D. McGuinty Premier, Province of Ontario Larry Miller MP Bill Walker MPP From: To: Date: Subject: "bulletin@feddevontario.gc.ca" <bulletin@feddevontario.gc.ca> Cephas Panschow!Tillsonburg <cpanschow@tillsonburg.ca> 05/07/2012 03:46PM FedDev Ontario: News Release I Communique de presse (Le franr;ais suit) Thank you for subscribing to the FedDev Ontario email list. News releases have been posted to the FedDev Ontario website: • Harper Government Takes Action to Improve Community Facilities Across the Country Mississauga, Ontario-The Honourable Gary Goodyear, Minister of State for the Federal Economic Development Agency for Southern Ontario (FedDev Ontario), today announced the launch of the new Community Infrastructure Improvement Fund in Ontario. Community and recreational facilities are now eligible for repairs and upgrades through the Fund. If you would like to be removed from this list, please unsubscribe at http://www. feddevontario.gc.ca/eic/site/723. nsf/eng/h 00181.html. Nous vous remercions de vous etre inscrit a Ia liste de diffusion de FedDev Ontario. De nouveaux communiques de presse sont affiches sur le site Web. • Le gouvernement Harper prend des mesures pour ameliorer les installations communautaires partout au pays Mississauga, Ontario-L'honorable Gary Goodyear, ministre d'Etat responsable de I'Agence federale de developpement economique pour le Sud de !'Ontario (FedDev Ontario), a annonce aujourd'hui le lancement du Fonds d'amelioration de !'infrastructure communautaire en Ontario. Les installations communautaires et recreatives sont maintenant admissibles a une aide financiers pour Ia remise en etat et !'amelioration. Si vous desirez que votre nom soit retire de Ia liste, veuillez desabonner a http://www.feddevontario.gc.ca/eic/site/723.nsf/fra/h 00181.html. Federal Economic Development Agency for Southern Ontario 1 Agence federale de developpement economique pour le Sud de !'Ontario Government of Canada I Gouvernement du Canada Visit us online 1 Venez nous visiter en ligne : http://www.feddevontario.gc.ca Toll Free 1 Numero sans frais : 1-866-593-5505 CA012-12 Library Information Update DATE: May 28, 2012 TO: Council FROM: Kelley Coulter SUBJECT: LIBRARY INFORMATION UPDATE RECOMMENDATIONS "Resolve that Council receives CA012-12 Library Information Update for information purposes. And further resolve that Council formally approve the continuation of a local library service delivery model. " PREAMBLE This report is providing new information to Council in response to a request as outlined by resolution on June 11, 2012 in accordance with section 10.11.1 of Bylaw 3511. SUMMARY On June 11, 2012 Council considered the recommendation to retain library services at the local level as per CA012-11. The motion and the motions' alternative were both defeated. Council requested staff to return to the July 9 meeting with the following information: 1. Confirmation on what services would be locally delivered with the Oxford County System (OCL) 2. Transition plan for each service delivery model. 3. 5 year financial plan for each service delivery model. 4. Detail on the elements of the fundraising initiative. Staff contacted the administration of the Oxford County System and a meeting was held on Wednesday July 4. A five year financial plan and a transition plan are attached for Council consideration. Further staff met with the interim library CEO and established five year projections along with a transition plan. Council are reminded that the Public Libraries Act requires that the costs for a county library system are attributed based upon tax assessment for each community. The County staff members have been in contact with the Ministry and there is no flexibility on this formula. Further, in their submission County staff wish to highlight that the numbers presented and the transition plan provided have no taken into consideration the potential legislative changes required from the Municipal Act and the Public Libraries Act. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca Schedule A fxigrdCoun~ TILLSONBURG LIBRARY "grOWmg stronger. .. togetltt~r 2012 BUDGET REPORT IC~;::.,~·: ·.-I-,J1r.:~:~;:~~~·-j;~~~1~~~:z:_~~:r-;;~T;i:tXiif£H9:f!q@IJJ3i;~:J~)2~-it1D~:~;~~~~:-~;·;~~--::~::-~~,-"',w::=-:· : ·~; :<. 2013 I 2014 I 2015 J 2016 l 2017 REVENUE REV-PROVINCIAL GOVERNMENT -25,000 -25,000 -25,000 -25,000 -25,000 REV-SERVICE RECOVERY FEES -5,000 -5,000 -5,000 -5,000 -5,000 -30,000 -30,000 -30,000 -30,000 -30,000 SALARIES AND BENEFITS SALARIES 2 229,344 235,077 240,954 246,978 253,152 BENEFITS 42,630 43,695 44,788 45,907 47,055 271,973 278,772 285,742 292,885 300,207 OPERATING EXPENSES UTILITIES 16,280 16,565 16,855 17,150 17,450 TELECOMMUNICATIONS 2,798 2,847 2,897 2,948 3,000 MEMBERSHIP/DUES/SUBSCRIPTIONS 509 518 527 536 545 BUILDINGS & GROUNDS 21,775 22,156 12,528 12,747 12,970 INSURANCE 2,000 2,035 2,071 2,107 2,144 MINOR CAPITAL 25,000 0 0 0 0 68,362 44,121 34,878 35,488 36,109 PROGRAM EXPENSES SUPPLIES 5,000 5,088 5,177 5,268 5,360 BOOKS 40,700 41,412 42,137 42,874 43,624 ELECTRONIC RESOURCES 10,175 10,353 10,534 10,718 10,906 ILS SOFTWARE & SUPPORT 6,105 6,212 6,321 6,432 6,545 61,980 63,065 64,169 65,292 66,435 BUILDING RESERVE/DEBT REPAYMENT FACILITIES REVIEW/PLANNING 0 100,000 100,000 100,000 100,000 RESERVE TRANSFER TO RESERVE 0 0 5,000 5,000 5,000 TILLSONBURG LIBRARY 372,315 455,958 459,789 468,665 477,751 County Library Levy Before Debt 2,485,631 2,526,954 2,583,059 2,625,472 2,664,854 County Library Debt Levy 228,748 116,900 114.446 111,979 109,425 COUNTY LIBRARY LEVY 2,714,379 2,643,854 2,697,505 2,737,451 2,774,279 Adjusted County Library Levy -incl Tillsonburg 3,086,695 3,099,813 3,157,294 3,206,116 3,252,030 Note: These figures are estimates and should be used for discussion purposes only. 11ncremental increase in Library Administration 21ncreased Salaries by 2.5% to account for future level increase of employees starting in 2014. Includes 5.8 FTE positions. 3Consultant and other building expenses related to upgrading/relocating current facility BUDGET NOTES This five year forecast projects branch-specific costs of enhanced library service in a Large Branch. Not included in this forecast are benefits from Oxford County Library services whose costs are shared across the system rather than allocated to specific branches. A stand-alone Tillsonburg library would be shouldering their costs for these services on their own. These include but are not limited to: Collections. Full access to the entire OCL materials collection, with 2012 materials expenditures of $249,000 in addition to the approximately $40,000 estimated as being required to augment the book budget to provide additional copies of popular materials for a Tillsonburg branch. Electronic products and databases. Full access to range of electronic products, including e-books. Estimated annual cost: $25,000 ILS Systems and Support. As part of the Ontario library Consortium, OCL realizes consortia! pricing for ILS products and services. OLC contracts with Bibliotechs Inc. for on-demand systems and software support and training. Estimated annual cost: $36,000 Staff Training (Professional Development Days, seminars and conferences). Estimated annual cost: $15,000 Administrative Support. Centralized system-wide functions performed at Headquarters/OCAB and Ingersoll Library include: budgeting and financial services; management; Human Resource services; cataloguing and processing; materials selection and ordering; Interlibrary Loan; van delivery service. Cost benefit to Tillsonburg: no need for CEO, branch staff time no longer required to perform administrative and backroom tasks, freeing up staff for public service and programming. Special programming. In addition to ongoing in-house programming, Tillsonburg Library would have access to funds to bring in outside performers and entertainers for family programming, and would have a Premium Criterion movie license, allowing pre-home release and home release movies to be shown in the library. Summer Reading craft supplies and programming supplies provided. Estimated annual cost: $20,000, allocated equitably among branches. County 15 Department Support and Training. On-demand computer and network support. 4-year replacement cycle for staff workstations. Schedule B Town of Tillson burg Local Library Services 5-year Financial Forecast 2012 2013 2014 2015 2016 2017 Revenue Rev-Provincial Government 23,685 23,685 23,685 23,685 23,685 23,685 Rev-Service Recovery Fees 28,146 24,646 25,262 25,767 26,309 26,835 Rev-DC Charges 20,001 20,001 20000 20000 20000 20000 Total Revenue 71,832 68,332 68,947 69,452 69,994 70,520 Salaries and Benefits Salaries 245,312 282,109 289,162 319,945 326,664 333,197 Benefits 8,386 12,579 12,893 13,151 13,428 13,696 Total Labour 253,698 294,688 302,055 333,096 340,091 346,893 Operating Expenses Utilities 15,996 15,996 16,396 16,724 17,075 17,417 Telecommunications 7,404 7,404 7,589 7,741 7,903 8,062 Membership/Dues/Subscriptions 10,692 10,692 10,959 11,178 11,413 11,641 Buildings & Grounds 20,282 20,282 26,789 27,325 27,899 28,457 Insurance 1,968 1,968 2,017 2,058 2,101 2,143 Minor Capital 10,000 10,000 10,000 10,000 10,000 Total Operating Costs 56,342 66,342 73,751 75,026 76,391 77,719 Program Expenses Supplies 5,600 5,600 17,600 27,952 28,539 29,110 Books 50,000 60,000 80,000 100,000 116,000 116,000 Electronic Resources 10,000 10,2.50 30,250 40,250 50,250 51,255 ILS Software & Support 12,501 12,501 22,501 32,501 33,184 33,847 Total Programming Expenses 78,101 88,351 150,351 200,703 227,973 230,212 Building Reserve/Debt Repayment Facilities Review/Strat. Planning 17,097 32,097 17,097 17,097 17,097 17,097 6-month Local Library Improvement Plan Months Item Description 0 1 2 3 4 5 6 1 Training Program ·: 2 3rd party assessment of staff competencies 3 Recruit MUS Candidate .. . 4 Recruit Permanent CEO · 5 Strategic Plan RFP .. 6 Define Strategic Plan .. 7 Collection Inventory Analysis '>·:·:. .·: .... . ... 8 Begin Collection Improvement · .. ·. . ~ ~ ·:;:. · ... .. . -: .. 9 Analyze Electronic Resources and define gaps 10 Complete a 12-month Programming Schedule 11 Begin Database Cleansing .. . · .. ·.·: .:-. ... ... 12 Define Facility Cosmetic Improvements --- Item Fundraising Plan Description 1 Library Flooring 2 Collection Shelving 3 Electronic Resources-Community Lab Space 4 Furnishings 5 Signage 6 Collection Expansion-alternative formats 7 Strategic Plan Items ie., Marketing Plan Forecast 25,000 75,000 100,000 75,000 20,000 15,000 40,000 --350,000 Development and Communication Services 2012 DCS 12-42 Report-Property Standards By-Law DATE: July 9, 2012 TO: Kelley Coulter, Chief Administrative Officer FROM: David Samis, Director of Development and Communications SUBJECT: PROPERTY STANDARDS BY-LAW RECOMMENDATIONS "Resolve that Council receives report DCS 12-42 -Property Standards By- Law. Further Resolve that Council adopt the recommendations -herein." PURPOSE The purpose of this report is to provide the proposed Property Standards By-law for Council review and approval. HISTORY & DISCUSSION Since early 2011, staff within the Department of Development and Communication Services have been researching and working on a revised Property Standards By-law. This work culminated with a draft being presented to Council (DCS12-34) June 11, 2012. Council at that time instructed staff to provide a "redlined" version of the bylaw. The draft bylaw presented is a newly created bylaw given the age of the prior bylaw. Further staff were asked to clarify items prior to Council consideration: 1. Staff was asked to clarify the differences between the Property Standards By- law and Clean Yard By-law: In Tillsonburg there are two by-laws that address the condition and general state of property in the municipality: namely; the Property Standards By-law and the Clean Yard By-law. The purpose of a Property Standards By-law is to establish minimum standards to ensure that property owners' maintain their properties. These standards are put in place to protect the health and safety of tenants as well as the general public and stop the spread of Development and Communication Services 2012 The Town's current Property Standards By-Law #2705 was last reviewed and adopted by Municipal Council in 1995. Since this time a number of changes in legislation have occurred that has precipitated the need for this updated by-law. The necessity of this by-law update is to ease in the enforcement of property standards. The By-law applies to all "property", which is defined in subsection 15.1 (1) of the Building Code Act, 1992 as, "a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property". In addition, the Property Standards By-law may also require "repair" to existing buildings, structures and property, which "includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in a by-law" passed under section 15.1 of the Building Code Act, 1992. The Property Standards By-law is enforced by by-law enforcement staff upon registered complaints or unsafe/emergency scenarios. )The revised by-law incorporates the following improvements: -updated to reference proper legislation -Building Code Act. -definitions updated and added for improved clarity. -improved readability, layout and organization. -compliance process has been clarified including proposed forms. -reference to establish a committee to deal with appeals as per legislation. -schedule of fees have been added to recover partial costs incurred. FINANCIAL IMPACT /FUNDING SOURCE In the report previously presented to Council it was outlined that a Property Standards Appeal Committee is required. Staff recommend through the Clerk's Office that this committee be established. The appeals heard by the committee, usually occur after an "Order to Comply" has been issued and fines have been set. The previous report indicated there may be costs associated with this committee, but at this time, this is not recommended by staff. CONSULTATION/COMMUNICATION Up to the first presentation of the by-law staff consulted and communicated through the Ontario Association of Property Standards Officers and other municipalities, particularly St. Thomas, Brantford, Kitchener, and Woodstock, the results of these consultations are included in the revised by-law. Since the presentation to Council in June, staff have further consulted with Guelph, Hamilton and Mississauga for further information. Staff have made efforts to consult on the by-law, with the following activities: • Draft by-law posted on the Town website for public consultation; BYLAW No.'-[ ____ _ll WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions relating to property conditions; AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23; AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a Bylaw passed under Section 15.1 (3) of the Building Code Act, S. 0. 1992, c. 23 shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SHORT TITLE: This by-law shall be referred to as the "Property Standards By- Law". PART1 DEFINITIONS PART2 GENERAL STANDARDS FOR ALL PROPERTY AND USES 2.01 SCOPE 2.02 YARDS 2.03 OUTDOOR STORAGE OF MATERIALS-NO IMMEDIATE USE 2.04 GARBAGE RECEPTACLES 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS. 2.06 UNENCLOSED PORCH -BALCONY 2.07 GRASS-TREES-BUSHES-HEDGES-LANDSCAPING 2.08 GROUND COVER-EROSION CONTROL 2.09 LOT GRADING-DRAINAGE-SUMP PUMPS 2.10 WALKWAYS AND DRIVEWAY 2.11 PARKING LOTS 2.12 EXTERIOR LIGHTING 2.13 RETAINING WALL 2.14 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION PARTS VACANT -DAMAGED-DEMOLITION 6.01 VACANT LAND 6.02 VACANT PROPERTIES 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 6.04 DEMOLISH BUILDING PART7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 7.02 MEASUREMENT 7.03 PROPERTY STANDARDS COMMITTEE 7.04 PROPERTY STANDARDS OFFICER-DUTIES 7.05 RECOVERY OF COSTS RELATIVE TO ORDER 7.06 APPEAL TO PROPERTY STANDARDS COMMITTEE 7.07 DECISION ON APPEAL PARTS EMERGENCY POWERS 8.01 EMERGENCY ORDERS 8.02 SERVICE 8.03 EMERGENCY POWERS 8.04 SERVICE OF STATEMENT 8.05 APPLICATION TO COURT 8.06 POWERS OF JUDGE 8.07 ORDER FINAL 8.08 MUNICIPAL LIEN 9.01 FINES PART9 OFFENCES PART10 REPEAL AND EFFECTIVE DATE 10.01 REPEAL AND EFFECTIVE DATE 11.01 SCHEDULES PART 11 SCHEDULES 3 19) "Dwelling unit" -means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate s single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building ot through a common hallway. 20) "Exterior property area" -means the building lot excluding buildings? 21) "Fence" -means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen. 22) "First Storey" -means the storey with its floor closest to grade and having its ceiling more than1.8 m (6ft) above grade. 23) "Ground cover" -means organic or non-organic material applied to prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. 24) "Guard" -means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them. 25) "Habitable room" -means any room in a dwelling or dwelling unit used or intended to be used for living, eating, sleeping, or cooking and without limiting the foregoing shall include den, library , sunroom or recreational room or any combination thereof 26) "Public Health Inspector" -means the Public Health Inspector for the County of Oxford 27) "Inoperable Motor Vehicle" -means a motor vehicle which is without a current licence plate and current insurance, and has its fenders, hood, trunk, roof, wheels, or any part of its superstructure removed, or a motor vehicle which is in a dilapidated condition. 28) "Multiple Unit Dwelling"-means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple attached dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. 29) "Municipality"-means the Corpoartion of the Town of Tillson burg 30) "Non-habitable room" -means any room or space in a dwelling unit, other than a habitable room and includes a washroom, bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, cellar, boiler room, garage, or space for service and maintenance of any building for public use and for access to and vertical travel between storeys. 31) "Non-Residential Property" -means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein. 32) "Occupant" -means any person or persons over the age of eighteen years in possession of the property. 5 private sewage disposal system approved by the County of Oxford Board of Health. 47) "Sign" -means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. 48) "Standards" -means the standards of physical condition and of occupancy prescribed for property by this by-law. 49) "Storm Sewer" -means a sewer which carries storm water and surface water, street wash and other wash water or drainage, but excludes sanitary sewage. 50) "Toliet Room"-means a room containing a water closet and/or a wash basin. 51) "Town"-means the Corporation of the Town of Tillsonburg. 52) "Vehicle" -includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. 53) "Vermin"-shall include rats, mice, and all other such obnoxious animals. 54) "Visual barrier" -shall mean a continuous, uninterrupted structure, which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material. 55) "Waste"-means any debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or weather. 56) "Yard" means the land within the boundary lines of the lot and not occupied by the principal building. 2.01 SCOPE PART2 GENERAL STANDARDS 1. No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this Bylaw. 2. The owner of any property which does not conform to the standards in this Bylaw shall repair and maintain the property to conform to the standards or shall clear the property of all buildings, structures, garbage, rubbish, waste or accumulations of such materials that prevent access to or exit from the property in the case of emergency, or other safety or health hazard and shall leave the property in a graded and leveled condition. 7 1. Every building shall be provided with sufficient proper receptacles to contain all garbage, ashes or waste, which accumulates on the property and such materials, shall be placed for collection in proper receptacles in compliance with applicable laws and not allowed to accumulate for longer than fourteen (14) days. 2. Receptacles for garbage shall be: a) made of watertight construction, b) provided with a tight fitting cover, c) maintained in good condition without holes or spillage; and d) closed or emptied, rinsed and cleaned when not in use, to prevent the escape of offensive odour or waste. 3. Plastic bags shall be considered acceptable receptacles under subsection 2.04.2 when: a) adequately secured so as to prevent spillage; b) not stored outdoors unless protected from access by animals or vermin; and c) otherwise are maintained in compliance with 2.04.1 4. Paper receptacles are not acceptable under this Section, except only where they are placed inside other compliant receptacles or are placed out for collection in compliance with applicable collection By-laws. 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS 1. Garbage chutes, disposal and collection rooms, containers and receptacles shall be maintained good repair, kept clean and free of offensive odours. 2.06 UNENCLOSED PORCH -BALCONY 1. Every unenclosed porch or unenclosed balcony, and every exterior and common area shall be kept free of garbage, waste, or appliances. 2.07 GRASS-TREES-BUSHES-HEDGES-GROUND COVER-LANDSCAPING 1. Ground cover, hedges, trees, landscaping and grass, and site facilities required as a condition of site development or redevelopment shall be maintained in living condition and in a good state of repair. 2.08 GROUND COVER-EROSION CONTROL 1. Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. 2.09 LOT GRADING-DRAINAGE-SUMP PUMPS 9 2.12 EXTERIOR LIGHTING 1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order. 2. All underground parking areas and common areas shall be illuminated so as to provide safe passage. 3. Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in good repair. 4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from the adjacent lots. 2.13 RETAINING WALL 1. All retaining walls, screen walls and ornamental walls shall be constructed of durable material and shall be maintained in a structurally sound condition. Such maintenance includes: a) redesigning, repairing or replacing of all deteriorated,damaged, misaligned or missing portions of the wall and any railings or guards appurtenant thereto; b) installing subsoil drains where required to maintain the stability of the wall; c) grouting masonry cracks; and/or d) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather- resistant material. 2.14 WELLS -CISTERN-CESSPOOL-PRIVY VAULT -PIT OR EXCAVATION 1. Every property shall be kept free of all unused excavations, empty in-ground pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any property, and may constitute a health or safety hazard or exceed a depth of 60 em (24 inches), a fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.2 metres (3.9 feet) above the grade level at the perimeter of each of them. As per the requirement of the fence by-law. 2.15 ACCESSORY BUILDINGS 1. The foundations, walls, roofs and all parts of accessory buildings and other structures appurtenant to the main building shall be: a) constructed with suitable materials; b) maintained in good repair; 11 PART3 EXTERIOR OF BUILDINGS AND STRUCTURES 3.01 STRUCTURAL ADEQUACY-CAPACITY 1. All repairs and maintenance of property required by the standards prescribed in this Bylaw shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose. 2. Every part of a property shall be maintained in good repair and in a structurally sound condition so as: a) to be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected; b) to be capable of safely accommodating all normal structural movements without damage, decay or deterioration; c) to prevent the entry of moisture that would contribute to damage, decay or deterioration; and d) to be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. 3.02 FOUNDATION WALLS-BASEMENTS 1. All foundation walls and the basement, cellar or crawl space floors shall be maintained in good repair and structurally sound. 2. Every basement, cellar and crawl space in a property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY All exterior walls and surfaces of every building or structure shall be sound, plumb, and weathertight, free from loose or unsecured objects and maintained in good repair. 1. Exterior walls shall be in good repair free from cracked or broken masonry units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose stucco, loose or unsecured objects 2. Shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weathertight finishing, or the installation of termite shields, if required. 3. All exterior surfaces that have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 13 3.07 ROOF 1. Every roof and all of its components shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of this Section, such maintenance includes: a) removal of loose, unsecured or rusted objects or materials; b) removal of dangerous accumulations of snow or ice; c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water into the building; and d) keep all roof-related structures plumb unless specifically designed to be other than vertical. 3.08 EAVES TROUGH SYSTEM-METAL DUCTS-FLASHING 1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior ducts shall be properly secured free from loose or unsecured objects, free from obstructions and health hazards, weather-tight, free of holes and maintained in good repair. 2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be kept free from rust by application of a suitable protective material such as paint, and shall be renewed when necessary. 3. Roof drainage shall be discharged onto the ground at least 1 metre (39 inches) from the building or structure, when it is physically possible to do so, providing that it does not adversely affect adjacent properties, or cause erosion. 3.09 CHIMNEY FLUES 1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be constructed, installed and maintained as per the applicable codes and or standards. 2. Any fuel burning heating equipment used in a building shall be properly vented to the exterior by means of an approved smoke pipe, vent pipe or chimney. 3.10 GARAGE-CARPORT 1. The construction between an attached or built-in garage or carport and a dwelling unit shall provide an effective barrier to gas and exhaust fumes. 2. Garages and carports shall be maintained in good repair and free from hazards. 15 4.04 STAIRS-HANDRAILS-GUARDS 1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony together with any guard, balustrade, railing, screen or other appurtenance attached thereto shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of Section 4.04, such maintenance includes: a) Repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose, depressed, protruding or otherwise defective b) Repairing, replacing or supporting structural members that are decayed, damaged, weakened, loose or missing; and c) Providing, repairing or replacing balustrades, guards and railings. 3. A guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 4. Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of a vacant or unoccupied building are exempt from the provisions of 4.04 if section 6.03 has been complied with. 4.05 ELEVATORS 1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilation fans shall be maintained in good repair and operational. a) All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and other elevating devices shall be installed and maintained in good working order and good repair; and in a safe condition. b) In accordance with the requirements of the Elevating Devices Act, as amended from time to time, and any regulations made there under. 4.06 MEANS OF EGRESS 1. Every building, structure or dwelling unit shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level as per the Ontario Building Code and Ontario Fire Code. 2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept free of ice and snow. 3. A required means of egress shall not pass through an attached or built-in garage or an enclosed part of another dwelling unit. 17 4. Wood stoves within a dwelling and any other property shall be maintained in accordance to Canadian Standards Association's standard -B 365-M. 5. All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 6. All air conditioners and air conditioning systems shall be maintained in good repair, free of conditions which may constitute a health, fire or safety hazard. 4.10 VENTILATION 1.Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and maintained in all rooms and spaces within a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon monoxide, vapours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 2. Ventilation systems shall be cleaned regularly and installed, used and maintained: a) in conformance with the requirements of the Building and Fire Codes; b) in good working condition and good repair; and c) in a safe condition 3. When an exterior opening is used or required for ventilation and is not required to be protected by a door, window or similar closure, it shall be protected with screens in accordance with this Bylaw. 4. An opening for natural ventilation may be omitted from a bathroom or toilet room where a system of mechanical ventilation has been provided. 5. Every basement, cellar, unheated crawl space and attic shall be vented and such vents shall be designed and maintained to prevent entry of snow, rain, rodents and insects. 4.11 ELECTRICAL 1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. An adequate supply of electrical power shall be available in all occupied parts of every dwelling, suite and building. 2. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers and other appurtenances thereto shall be installed and maintained in good working order, and in conformity with the regulations of electrical safety Authority designated under the Electricity Act. 3. Extension cords are not permitted on a permanent basis. 19 5. Replacement hot water heaters shall have a thermostatic mixing value limiting water temperature to a maximum of +49C (120 F). As per the Ontario Building Code. 4.15 SEWAGE SYSTEM 1. Sanitary sewage from any building shall be discharged into the municipal sanitary sewage system, or into a private sewage system approved under Part 8 of the Ontario Building Code, and not otherwise. 2. The land in the vicinity of a private sewage system shall be maintained in a condition that will not cause damage to, or impair the functioning of the sewage system. 4.16 VERMIN CONTROL 1. Every property shall be maintained so as to be free from vermin and conditions that may promote an infestation at all times. 2. Openings in buildings, cellars, soffits, facia, and crawl space shall be protected to prevent the entrance of wildlife, rodents, vermin, insects and pests. PARTS ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 1. A non-habitable room shall not be used as a habitable room. 2. No kitchen shall be used as a bedroom. 3. The minimum dimension of any habitable room shall be 2 metres (6.5 feet). 4. Height and size of rooms or spaces for the purpose of calculation shall comply with the regulations of the Ontario Building Code. 5. No basement or portion thereof shall be used as a dwelling unit, unless it meets the following requirements: a) access to each habitable room shall be gained without passage through a furnace room, boiler room or storage room; b) each habitable room shall comply with all the requirements for ingress, egress, c) light, ventilation and ceiling height set out in this Bylaw; d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water 21 4. Where a building remains vacant or unoccupied for a period of more than ninety days, the owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other danger to the property or adjoining premises. 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 1. A building or portion thereof, damaged by fire or other causes, shall be restored to its original condition and repaired as may otherwise be required by this by-law or the building shall be demolished or the damaged portion removed. 2. Without restricting th~ generality of Section 6.04.1 such repairs shall include: a) Abating any unsafe condition; and b) Refinishing so as to be in harmony with adjoining undamaged surfaces. 3. Where a building, accessory building, fence or other structure is demolished, the property shall be cleared of all rubbish, waste, refuse, masonry, lumber, wood, and other materials and left in a graded and leveled condition. 6.04 DEMOLISH BUILDING 1. Where a building, accessory building, fence or other structure is being demolished, every precaution shall be taken to protect the adjoining property and members of the public. The precautions to be taken include the erection of fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining property and members of the public. 2. The owner of any building or part thereof being demolished shall leave any remaining wall or walls (including any former party wall or walls, whether separately or jointly owned) structurally sound, weather tight, in a safe condition and in conformity with the standards in the Ontario Building Code. 7.01 GENERAL PART7 ADMINISTRATION AND ENFORCEMENT 1. This Bylaw shall apply to all property within the limits of the Town. 23 2. Right of Entry Subject to paragraph 3 while this by-law is in effect, an Officer and any person acting under his/her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property. 3. Entry into Dwelling Except under the authority of a search warrant issued under Section 158 of the Provincial Offences Act, an officer or any person acting under his instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 4. Orders. An officer who finds that a property does not conform to any of the standards prescribed in this by-law may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. 5. Service and Posting of Order The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 6. Registration of Order The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 7.04(5) and, when the requirements of the order have been satisfied, the clerk of the Town shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 7.05 RECOVERY OF COSTS RELATIVE TO ORDER Where an owner or Occupant fails to comply with an Order issued under this by- law within the time stipulated in the Order the Corporation costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Corporation by the Property owner including disbursements and the set fees for Officer's services as per Schedule 'A'. 25 judge under section 7.07(1), as confirmed or modified by the judge, shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified within the order. 5. Certificate of Compliance Following the inspection of a property, the Officer may, or on the request of the owner shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this by-law. The fee payable for a certificate of compliance issued at the request of the owner shall be as set out in Schedule 'A' to this by-law. 6. Municipal Lein The fees and charges payable to the corporation pursuant to sections 7.04(4), 7.05, 7.06 and 7.07(6) of this By-law shall be a lien on the Property and shall be deemed to be municipal real property taxes and may be added by the clerk to the collector's roll and be collected in the same manner and with the same priorities as municipal real property taxes. PART 8 -EMERGENCY POWERS 8.01 EMERGENCY ORDERS If, upon inspection of a building, an officer is satisfied that a building poses an immediate danger to the health or safety of any person, the Chief Building Official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.02 SERVICE The order shall be served on the owner of the property and each person apparently in possession of the building and such other persons affected thereby as the Chief Building Official determines and a copy shall be posted on the building. 8.03 EMERGENCY POWERS 1. After making an order under section 8.01, the Chief Building Official may, either before or after the order is served, take any measures necessary to terminate the danger, and, for this purpose, the Chief Building Official, an officer and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 27 PART 9-OFFENCES 9.01 FINES Any person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $100,000, for a first offence and $200,000, for a subsequent offence. PART 10-REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE 1. Town of Tillsonburg Bylaws 2705 and 2806 are hereby repealed. 2. This by-law comes into force on the date of passing. PART 11 -SCHEDULES 13.01 SCHEDULES The attached Schedule "A" form part of this By-law. READ A FIRST TIME AND SECOND TIME THIS day of June, 2012. READ A THIRD AND FINAL TIME AND PASSED this __ day of June, 2012. Mayor-John Lessif Clerk -Donna Hemeryck 29 (Owner's Name and Address Dear Sir/ Madam Corporation of the Town of Tillsonburg NOTICE OF VIOLATION Date RE: Description and Location of Property in Violation Be advised that on (Date of Inspection) an inspection of your property, as noted above, revealed certain violations of the Municipality's Property Standards Bylaw No. Schedule "A" attached hereto, sets out the work required to remedy such violation and to bring the property into compliance with the Bylaw. Be advised that Bylaw No. gives the municipality the authority to issue an ORDER TO COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O. 1992, c.23. It is desired that you will comply with this informal notice that the aforementioned procedural step will not be necessary. A re-inspection of this property will take place on or about 14 day ( Date ) to ascertain compliance. Should you require further information pertaining to this matter please do not hesitate to contact the undersigned during normal business hours. Property Standards Officer Town of Tillson burg 10 Lisgar Ave Tillsonburg ON N4G 5A5 (519) 842-9200 31 NOTICE OF APPEAL TO PROPERTY STANDARDS COMMITTEE Pursuant to Section 15.1 of the Ontario Building Code Act To the Secretary Property Standards Appeal Committee Corporation of the Town of Tillsonburg 200 Broadway Date RE: Order to Remedy Violation of Standards of Maintenance and Occupancy at: Description and Location of Property in Violation TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal Committee because of dissatisfaction with the above referenced order to remedy violation of standards of maintenance and occupancy served upon the undersigned on Name (Owner or Agent) Address: Telephone Number: The required $150.00 Notice of Appeal fee has been included with this notice. APPEAL TO PROPERTY STANDARDS COMMITTEE If an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of the order the owner or occupant appeal may to the Property Standards Appeals Committee by sending a NOTICE OF APPEAL by registered mail to the Secretary of the committee within fourteen (14) days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to be final and binding. Ontario Building Code Act, S.O. 1992, Chapter 23, Section 15.3(1) Signature of Owner or Authorized Agent Ontario Association of Property Standards Officers Town ofTillsonburg, 204-200 Broadway, Tillsonburg, Ontario Mark and Karen Cook 20 Woodland Crescent, Tillsonburg, Ontario N4G5R5 To the Mayor and Members of Council, July 4,2012 I have been a resident of Tillsonburg since 1977. I have an issue with the parking of recreational vehicles in the front yards of a residence. The by-law 5.29, subsection 5.29 .1.2 is very clear the parking of recreational vehicles is not permitted. I have struggled with this on my own street and see indications of the same across the town. When I built our home a decade ago I chose the location because of the covenants required of the sale and our by-laws. I have had to endure this for the third year in a row at the same three locations. I believe that I have a certain expectation of our pedestrian landscape to not include having to view these recreational vehicles for months at a time. Setting up camper trailers and plugging in hydro and water for days at a time in the front yard of the residence is unacceptable. I have tried to follow protocol in my quest for enforcement of a by-law that is very clear. I certainly hope that council is not considering allowing such an act. I have designed and built many upscale homes in our town and it was always with strict adherence to the by-laws and local codes. I wish to continue to do so but only with the assurance that this will not be tolerated. The ratio of compliant to non-compliant does not serve the many, only the few. Sincerely, Mark and Karen Cook Development and Communication Services 2012 DCS 12 -39 Marketable Town Owned Lands DATE: June 25, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development and Communication Services SUBJECT: TO PROPOSE CERTAIN TOWN OWNED LANDS BE ZONED RESIDENTIAL AND MARKETED FOR SALE. RECOMMENDATION RESOLVE THAT Council receive Report DCS 12-39 as information. FURTHER RESOLVE that Council adopt the recommendations contained herein. PURPOSE To obtain Council endorsement to start the process for rezoning and official plan amendments, where necessary, for Town owned properties that are marketable as residential parcels. HISTORY & DISCUSSION Planning Act, R.S.O., 1990 Section 34, outlines the process that approval authorities follow with regards to notice, approvals and amendments to zoning by-laws. As part of the process for the zoning amendment application, a public notice provision is a requirement. Section 17 (2) An upper-tier municipality is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1). Consultation and at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan. A number of Town properties have been reviewed to determine the viability of rezoning for the purpose of developing those lands into residential lots. Schedule 1 attached provides a map identifier as well as a visual of each property. Development and Communication Services 2012 I Hawkins Crescent. Prooertv 4 Location: Wilkins Crescent Legal Description: Block 22, Plan M-169, subject to a Town easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0679 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Lot has adequate frontage and municipal water and sanitary services are available at the road. This piece could possibly be divided into two buildable lots. Canada Post mail box is located in the centre of the access which would likely need to be moved to a more suitable location. The lots would be consistent with street frontage, lotarea, setbacks and spacing of existing development within the immediate residential area. Recommendation: Viable building lot, possibly two, which could be determined after survey is completed. Prooertv 5 Location: Wilkins Crescent Legal Description: Block 23, Plan M-169 PIN: 00030 0680 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Frontage is very narrow. A survey would be required to determine if the lot is a viable building lot within the R2-2 zone. There is municipal water and sanitary services available. Canada Post mail boxes are located on this piece. Recommendation: The lot appears to be very small, a minor variance may be required to build a residence on this lot, and a survey would be required to determine its viability. Prooertv 6 Location: Dereham Drive Legal Description: Lot 25, Plan M-87, subject to a Town Easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0332 Zoning: OS1 Passive Use Open Space OP Designation: Open Space Physical Description: Lot is on the corner of Dereham Drive and Wilson Avenue. Municipal water and sanitary services are available at the road. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Recommendation: This would be a viable building lot. Development and Communication Services 2012 I viable. Prooertv 10 -North Location: Quarter Town Line Road -North Piece Legal Description: Lot 64, Plan M-182 PIN: 00025 0575 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical Description: Trail runs between north and south lot separated by a chain link fence. This lot would not be consistent with street frontage, lot area and setbacks of existing development. Recommendation: To divide the lot and sell to the adjacent property owners at a fair market price. This piece appears that adjacent property owners have claimed as their own. Prooertv 10 -South Location: Quarter Town Line Road -South Piece Legal Description: Lot 54 Plan M-182 PIN: 00025 0565 Zoning: OS1 Passive Use Open Space OP Designation: Residential Physica I Description: Trail runs between north and south lot separated by a chain link fence. I do not believe municipal water and sanitary sewer run along that portion of Quarter Town Line Road. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area, however it would be the only property fronting onto Quarter Town Line Road in the area. Recommendation: To divide the lot and sell to the adjacent property owners at a fair market price. Property 11 Location: Baldwin Street Legal Description: Lot 25, Plan M-87, subject to a Town Easement over Part 1 on Reference Plan 41R-3167 PIN: 00030 0332 Zoning: OS2 Active Use Open Space OP Designation: Residential Physical Description: Space could be divided into a number of lots or used for a condominium. Municipal Water and Sanitary Services are within the area however would have to be brought in to this piece. Developer subdivided and transferred this piece to the Town as park land in 2006m in conformance with the Planning Act. Recommendation: Development and Communication Services 2012 Prooertv 15 Location: Borden Crescent Legal Description: Part of Lot 1594 Plan 500 -old golf course lands, piece along Borden Crescent to be severed. PIN: 00035 0188 Zoning: OS2 Active Use Open Space OP Designation: Environmental Protection Physical Description: Lands would require rezoning and services would have to be brought in. Land could be sold to develop executive lots which back onto The Bridges Golf Course. Recommendation: To rezone lands and market the land for sale. Prooertv 16 Location: Barker Street Legal Description: Block 102, Plan M-133, subject to a Right of Way over Part 1 on Reference Plan 41R-4247 PIN: 00029 0602 Zoning: OS2 Active Use Open Space OP Designation: Open Space Physical Description: Currently used as park land, playground equipment exists on the west end and soccer nets are set on the east end. There are two entrances one from Bond Street and the other from Peach Street. There are no organized sports currently at this location. Space could be divided into a number of lots. Municipal Water and Sanitary Services are available. Recommendation: To sever the space in half and market the piece to the east, with access from Peach Street for residential development. To maintain the remaining piece as park land. Prooertv 17 Location: Sandy Court Legal Description: Lot 7, Plan M-205 Lot 4 Plan M-205 PIN: 00028 0232 00028 0229 Zoning: OS1 Passive Use Open Space OS2 Active Use Open Space OP Designation: Residential Physical Description: Sandy Court-draft plan of subdivision 32T96001 Lot 7 was transferred as the storm water management pond and Lot 4 was transferred to the Town as Parkland. This development has not progressed past the draft plan approval and there is currently no access to this parcel. Development and Communication Services 2012 Services are available at the road. One buildable lot which would be determined by a survey. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Recommendation: To market the property for development of multiple lots. FINANCIAL IMPACT Survey costs would be minimal and would be offset by the purchase of the lands. CONSULTATION/COMMUNICATION Review was done of the current zoning by-law as well as the Official Plan to determine viability of parcels. Consultation and at least one public meeting will be held for the purpose of giving the public an opportunity to make representations in respect of any proposed zone changes and official plan amendments. CONCLUSION There are a number of residential lots that could be created by using some of the current green space within the Town. Staff must be cognizant of the area and the development when determining which lots to develop and market for sale. PREPARED BY: Donna Wilson, Clerk APPROVED BY: David Samis, Director of Development & Communications Development and Communication Services 2012 DCS 12 -39 Marketable Town Owned Lands: Schedule 1 -Lot Pictures Property: # 1 Street: Clear Valley Drive Pin: 000330179 Property: # 2 Street: Seres Drive I Edwin Cres Pin: 000340214 Edwin Cres PROPERTY:* Development and Communication Services 2012 Property: # 5 Street: Wilkins Cres Pin: 000300680 -. ,,~.-' ~.Q~ .... Property: # 6 Street: Dereham Drive Pin: 000300332 Property: # 7 Street: Wilson Ave Pin: 000300388 PROPERTY:* Property: # 10 North Side of Trail South Side of Trail Property: # 11 Development and Communication Services 2012 Street: Quarter Town Line Street: Baldwin St '. i, ' ··~~ .. 1.· I ! . if ' I I ! . '' .. '·'·.;.;..~· . a...,-- Pin: 000250565/575 Pin: 000350330 \ i ' ' 1 .. PROPERTY:* Development and Communication Services 2012 Property: # 14 Street: Young St Pin: 000380015 Property: # 15 Street: Borden Cres Pin: 000370358 PROPERTY:* Development and Communication Services 2012 Property: # 18 Street: Bobolink Dr Pin: 000210160 Property: # 19 Street: Allen St Pin: 000260910 /' Property: # 20 Street: William St Pin: 000250311 PROPERTY:* Development and Communication Services 2011 DCS 12 -36 Report -Amendment to Lands Leases for Airport Hangar DATE: JULY 9, 2011 TO: KELLEY COULTER, CAO FROM: DAVID SAMIS, DIRECTOR OF DEVELOPMENT & COMMUNICATIONS SUBJECT: AMENDMENT TO LAND LEASES FOR AIRPORT HANGAR RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-36 -Amendment to Land Leases for Airport Hangar; : That Council approve amendments to the land lease agreements with Larry & Caryle Anger, David & Anita Hilner, and Harvey & Jill Roddick; and further, That bylaws be brought forward in this regard." PURPOSE 1. The purpose of this report is to seek Council approval to amend four land lease agreements at the Tillsonburg Regional Airport for an existing hangar constructed in 2006. HISTORY & DISCUSSION 2. Council approved four separate land lease agreements with Larry & Caryle Anger, David & Anita Hilner, and Harvey & Jill Roddick for a twenty-five year period in 2006. The lease agreements were for 25% of the land underneath the hangar with the H & J Roddick being responsible for two of the leases. 3. The subject hangar (Hangar 5) was constructed in 1980 by the Tillsonburg Flying Club who paid an annual rent of $140 for the 25 year lease period. The hangar was sold to new owners in the late 1990s and then sold again in the early 2000s to the current owners. The original agreement remained in effect until it expired in 2005. 4. In 2005, the Town negotiated a new land lease agreement with the current owners based on a leasable area of 5,600 square feet and this was the value used to calculate the annual land lease amount. Development and Communication Services 2011 FINANCIAL IMPACT /FUNDING SOURCE 13.The following table details the actual costs paid by the lessees to the Town as well as the accurate costs and the amount of the overpayment. Year Hangar Additional Total Cost Accurate Accurate Overpayment Rent As Maintenance as per Lease Hangar Total Cost Per Lease Fee Rent (5,600 SF (3,872 SF Hangar) Hangar) 2006 $1,568 $400 $1,968 $1,084.16 $1,184.16 $783.84 2007 $1,593 $400 $1,993 $1,101.51 $1,201.51 $791.49 2008 $1,620.16 $400 $2,020.16 $1,120.23 $1,220.23 $799.93 2009 $1,647.22 $400 $2,047.22 $1,139.28 $1,239.28 $807.94 2010 $1,680.68 $400 $2,080.68 $1,162.06 $1,262.06 $818.62 TOTAL $8,109.06 $2,000 $10,109.06 $5,607.24 $6,107.24 $4,001.82 *Note-Rental rate is increased by the inflation rate annually 10.Based on the above table, each of the four tenants has overpaid by an amount of $1,000.46 for the 2006 to 2010 period. Staff are proposing that a credit in the amount of 100% of the overpayment be applied to the current land lease payment. CONSULTATION/COMMUNICATION 11.Staff have met with representatives from the tenant group and they are in agreement with the proposed solution. 12.The credit will be funded by the 2012 Airport Budget. 13.Staff have recently reviewed all airport leases and have been working to resolve a number of issues that have arisen. They are confident that once these issues are addressed, all legacy lease issues at the airport will be resolved. PREPARED BY: Cephas Panschow, BA, MAES, Development Commissioner Annette Murray, Airport Manager AUTHORED ON: July 4, 2012 APPROVED BY: David Samis, Director of Development & Communications Development and Communication Services 2011 DCS 12 -43 Report -Amendment to Lands Lease for Airport Hangar (Lee) DATE: JULY 9, 2011 TO: KELLEY COULTER, CAO FROM: DAVID SAMIS, DIRECTOR OF DEVELOPMENT & COMMUNICATIONS SUBJECT: AMENDMENT TO LAND LEASES FOR AIRPORT HANGAR (LEE) RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-43 -Amendment to Land Lease for Airport Hangar (Lee); ,~ That Council approve the amendment to the land lease agreement with Rick Lee and Geoff Lee; and further, That a bylaw be brought forward in this regard." PURPOSE 1. The purpose of this report is to seek Council approval to amend a land lease agreement at the Tillsonburg Regional Airport to recognize an expansion to an existing hangar. HISTORY & DISCUSSION 2. The hangar owned by R. Lee and G. Lee was previously approved for expansion in 2007 but the land lease agreement was not amended at that time to reflect the expansion. FINANCIAL IMPACT /FUNDING SOURCE 3. The hangar owners have been paying a lease rate based on a 2,800 square foot hangar. Based on the expanded area of 4,578 square feet, the Town will realize an increase of $504 in annual rent retroactive to 2007. The total annual rent will now be approximately $1,330. CONSULTATION/COMMUNICATION 4. Staff have met with the hangar owner and reached an agreement on the amendment. WHEREAS AMENDMENT TO LEASE AGREEMENT Made this day of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- Rick Lee and Geoff Lee carrying on business as Lee-Air Leasing Ltd (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 13th day of December, 2004 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 48 feet by 50 feet for a total area of 2,400 sq. ft. (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 50 feet by 56 feet with an expansion of 18 feet by 56 feet, and an expansion of 14 feet by 55 feet for a total area of 4,578 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Amendment. Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Witness Rick Lee, Lessee THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3636 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND R. Paul Weber and Hendrika K. Weber WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with R. Paul Weber and Hendrika K.Weber; THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR -John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3632 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND J.H. Roddick and Jill Y. Roddick WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with J.H. Roddick and Jill Y. Roddick; THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR -John Lessif CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3631 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND J.H. Roddick and Jill Y. Roddick WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with J.H. Roddick and Jill Y. Roddick; THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR-John Less if CLERK-Donna Wilson AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- Larry Anger & Caryle Anne Anger (hereinafter referred to as the "Lessee") WHEREAS The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 1 00 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. \1\iif.n-~~ I !:1rn1 ll.nnt::::t.r Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3634 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND David Hilner and Anita Hilner WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with David Hilner and Anita Hilner; THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR-John Lessif CLERK-Donna Wilson WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- David Hilner and Anita Hilner (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. r""\-•• :-1 I 1:1--- Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3635 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND RICK LEE AND GEOFF LEE WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Rick Lee and Geoff Lee; THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR-John Lessif CLERK-Donna Wilson WHEREAS J.H.Roddick and Jill Y. Roddick (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Witness Witness Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. J.H.Roddick I have authority to bind the Corporation Jill Y.Roddick I have authority to bind the Corporation THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3633 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND Larry Anger & Caryle Anne Anger WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with Larry Anger & Caryle Anne Anger; THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part ofthis by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gth day of July, 2012. MAYOR -John Lessif CLERK-Donna Wilson WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- J.H.Roddick and Jill Y. Roddick (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Lessor John Lessif, Mayor The Corporation of the Town of Tillson burg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- J.H.Roddick and Jill Y. Roddick (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 20th day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Lessor John Lessif, Mayor The Corporation of the Town of Tillson burg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- J.H.Roddick and Jill Y. Roddick (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 20th day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Lessor John Lessif, Mayor The Corporation of the Town of Tillson burg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillson burg I have authority to bind the Corporation. WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Larry Anger & Caryle Anne Anger (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"}, concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. I---· A---- Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation WHEREAS AMENDMENT TO LEASE AGREEMENT Made this of , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- David Hilner and Anita Hilner (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 201h day of July, 2006 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 56 feet by 100 feet for a total area of 5,600 square feet (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 44 feet by 88 feet for a total area of 3,872 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. That Paragraph 2 (4) (c) be revised from paying $100 annually to $25 annually. 3. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to Lease then all terms of the Lease shall be unaltered. In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. n-.,;,J U:l ..... -r Lessor John Lessif, Mayor The Corporation of the Town of Tillson burg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNUMBERXXXX A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND J.H.Roddick and Jill Y. Roddick WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS day of 1 2012, READ A THIRD AND FINAL TIME AND PASSED THIS day of 1 2012. MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNUMBERXXXX A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND J.H.Roddick and Jill Y. Roddick WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillson burg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS day of 1 2012, READ A THIRD AND FINAL TIME AND PASSED THIS day of 1 2012. MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER :XXXX A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND Larry Anger & Caryle Anne Anger WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS day of 1 2012. READ A THIRD AND FINAL TIME AND PASSED THIS day of 1 2012. MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAWNUMBERXXXX A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND David Hilner and Anita Hilner WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS day of '2012. READ A THIRD AND FINAL TIME AND PASSED THIS day of '2012. MAYOR-John Lessif CLERK -Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER XXXX A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND RICK LEE AND GEOFF LEE WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS day of 1 2012. READ A THIRD AND FINAL TIME AND PASSED THIS day of 1 2012. MAYOR-John Lessif CLERK -Donna Wilson Development and Communication Services 2012 DCS 12-45 Report-Community Marketing Update DATE: July 9, 2012 TO: Kelley Coulter, CAO FROM: David Sam is, Director of Development and Communication Services SUBJECT: COMMUNITY MARKETING UPDATE RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-35 as information only." PURPOSE This report provides a progress update to Council regarding the following: ~ Residential Marketing; ~ Builder/Realtor Forums; ~ 2012-Advertising Focus; ~ Future Web Initiatives; and ~ Municipal Social Media Program HISTORY & DISCUSSION In the 2012 budget, Council approved a municipal marketing budget of $85,000. A portion of this amount was allocated toward a community marketing program. This report provides additional information subsequent to Report DCS 12-35, received by Council on May 28, 2012. Resident Attraction Website Staff are currently working on developing a resident attraction website using the highly flexible Joomla content management system. The modular nature of Joomla will enable efficient site updating and expansion as new functionality and features are added. Development and Communication Services 2012 • Details on how contributors will be recognized • Information regarding how partnership spending will augment the Town's planned marketing efforts Deliverable Date Levels Determined (plus a Ia carte options for special buys) July 20 Presented to working group 10-Aug General Marketing Efforts • In the process of purchasing a video camera and editing software (July) to develop YouTube channel and enable enhanced coverage of Town events • Have purchased design software to enable consistent, cost-effective in-house design work (i.e. posters, newsletters, brochures etc.) Project Details Regular Utility Bill Newsletter Inserts and other September town information launch Electronic Information kiosks providing Q4 information on Town services and amenities Revamp design of Focus on Tillsonburg feature in September Tillsonburg News to be more cost-effective (streamlined content; consistent messaging; more reader-friendly design) Update Town's digital photo library Ongoing Social Media Implementation Ongoing Face book • Launched a new Town of Tillson burg Facebook page focused primarily on community events, projects and volunteer opportunities • Members of the public are encouraged to post information on various community events or submit information details to us for posting • The feed can also be used to communicate Town of Tillson burg information • Feed includes photos of various events Development and Communication Services 2012 PREPARED BY: Colleen Pepper, Marketing and Partnerships Officer APPROVED BY: David Samis, Director of Development and Communication Services COMPLETION DATE: July 4, 2012 DATE: TO: FROM: BY-LAW EXECUTIVE SUMMARY REPORT PRS 12-01 July 9, 2012 Kelley Coulter, Chief Administrative Officer Janet McCurdy, Acting Director of Parks & Recreation Services SUBJECT: EXECUTIVE SUMMARY TO BY-LAW 3628 TO GOVERN THE OPERATION OF MUNICIPAL CEMETERIES RECOMMENDATION RESOLVE THAT Council receive Executive Summary Report PRS 12-01 as information; AND FURTHER RESOLVE THAT By-Law 3628 to govern the operation of municipal cemeteries, be brought forward for Council consideration for three readings. PURPOSE To obtain Council endorsement of By-Law 3628, to govern the operation of municipal cemeteries. HISTORY & DISCUSSION Legislation On February 9, 2011 the Funeral, Burial and Cremation Services Act (FBCSA) was proclaimed in force and will take effect on July 1, 2012. The FBCSA provides for the repeal of the Cemeteries Act and the Funeral Directors and Establishments Act that, until July 1, 2012, govern the bereavement sector in Ontario. The Lieutenant Governor in Council has also proclaimed Ontario Regulation 30/11 under the FBCSA. This regulation will place requirements related to the bereavement sector such as the establishment of care and maintenance funds, record keeping and trust accounts. The Town has an interest in this new legislation due to the fact that it owns and operates an 'active' cemetery. Active cemeteries still have lots available for sale and are regularly conducting burials whereas inactive cemeteries are no longer selling lots but may still conduct a burial if internment rights can be proven. The Town's only inactive cemetery is the Tillsonburg Pioneer Cemetery and it no longer conducts burials. The following sections provide additional details on how the FBCSA will impact the Town. In the coming months the Ministry of Consumer Affairs will publish informational guides for the new legislation and as such, Town staff will continue to monitor and apprise Council of any major new interpretations or highlights. Price Lists Price lists for cemeteries generally include the prices charged by the cemetery operator for interment rights, scattering rights, transfer of interment rights, opening and closing of graves, and/or package pricing for various licensed services. Under the FBSCA, it will no longer be necessary to file price lists THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3628 A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements andrestrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33 WHEREAS The Corporation of the Town of Tillsonburg owns and operates municipal cemeteries known as the Tillsonburg Cemetery, located at 191493 Simcoe Street, CON 12 S PT LOT 1 REG COMP, LOT 39, PLAN 1653, Town of Tillsonburg; AND WHEREAS the Funeral, Burial and Cremation Services Act (FBCSA), 2002, S. 0. 2002, c.33 (Act) regulates the operation of cemeteries in Ontario; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it desirable to enact a By-law to regulate the operation of municipal cemeteries; AND WHEREAS public notice of Council's intention to pass this By-law will be provided in accordance with the Act; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: A. DEFINITIONS Burial: The opening and closing of an in ground lot or plot for the disposition of human remains or cremated human remains. By-laws: The rules and regulations under which the Cemetery operates. Care and Maintenance Fund: It is a requirement under the Act that a percentage of the purchase price of all interment rights, and set amounts for marker and monument installations is contributed into the care and maintenance fund or monument care fund as is appropriate. Interest earned from these funds is used to provide care and maintenance of plots, lots, and stability of markers and monuments at the cemetery. Cemetery Manager: A person(s) designated by the Corporation of the Town of Tillson burg to execute all rights and responsibilities under this by-law and under the Act. Cemetery Operator: The Corporation of the Town of Tillsonburg. Contract: For purposes of this by-law, all purchasers of interment rights or cemetery services must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by-law. Corner Posts: Shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot. Grave: (Also known as a Lot) means any in ground burial space intended for the interment of a child, adult or cremated human remains. Interment Right: The right to require or direct the interment of human remains or cremated human remains in a grave or lot and direct the associated memorialization. Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights. Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified lot. Lot: For the purposes of this By-Law a lot is a single grave space measuring 39 inches by 120 inches or 1.0 meter by 3.05 meters. Marker: Shall mean any permanent memorial structure that is set flush and level with the ground within the designated memorial space, and used to mark the location of a burial lot. 1 laws and provides for the administrative charge outlined in the cemetery price list to transfer the interment rights certificate. C. CANCELLATION OR RESALE OF INTERMENT RIGHTS Purchasers of interment rights acquire only the right to direct the burial of human remains and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-laws. In accordance with cemetery by-laws, no burial or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate shall be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of Real Estate or real property. An interment rights holder wishing to resell their interment rights shall advise the Cemetery Operator of their intention prior to seeking a third party buyer for their interment rights. Cancellation of Interment Rights within 30 Day Cooling-OffPeriod: A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract by providing written notice of the cancellation to the Cemetery Operator. The Cemetery Operator shall refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. Cancellation of Interment Rights after the 30 Day Cooling-Off Period: Upon receiving written notice from the purchaser of the interment rights, the Cemetery Operator shall cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the Cemetery Operator along with the written notice of cancellation. If any portion of the interment right has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. Resale of Interment Rights after 30 Day Cooling-Off Period: Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or re-sell the interment rights. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has the right to re-sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the Act. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment rights. Care and Maintenance Fund and Monument Care Fund Contributions: As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights and a prescribed amount for monuments and markers is contributed into the care and maintenance fund or the monument care fund as is appropriate. Income from these funds are used to provide only general care and maintenance of the cemetery and maintain safety of monuments. Contributions to the care and maintenance fund or monument care fund are not refundable except when interment rights are cancelled within the 30 day cooling off period. Permit or prohibit resale of interment rights to a third party: Note: All resales of interment rights must be carried out through the Cemetery Operator. Requirements for the resale of interment rights: The interment rights holder(s) intending to sell their rights shall provide the following documents to the Cemetery Operator in order that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate: 1. an interment rights certificate endorsed by the current rights holder 2. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available 3. any other documentation in the interment rights holder(s) possession relating to the rights 3 must be received at the cemetery office prior to the removal of casketed human remains. A certificate from the local medical officer of health is not required for the removal of cremated remains. Note: In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s). One casket burial and three (3) cremated remain or four (4) cremated remains may be interned in a single grave. Each grave shall be a sufficient depth to allow two (2) feet of earth cover. For persons to be buried enclosed in a container, the container must be securely sealed, dry and of sufficient strength to permit burial with the container remaining intact. Containers must be of a size to permit burial within the dimensions of the lot. E. MEMORIALIZATION No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the Cemetery Operator. Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear. The Cemetery Operator shall take reasonable precautions to protect the property of interment rights holders, but assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. The Cemetery Operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments. All foundations for monuments and markers shall be built by and at the expense of the interment rights holder according to the specifications as set out by the Cemetery Operator and under the supervision of the Cemetery Operator. All foundations shall be constructed of solid concrete to a minimum depth of 5'-0" below the natural ground surface. Should any monument or marker present a risk to public safety because it has become unstable, the Cemetery Operator shall do whatever is deemed necessary by way of stabilizing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. The Cemetery Operator reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Cemetery Operator. A monument or other structure shall be erected only after the specific design plans have been approved by the Cemetery Operator including: dimensions, material of structure, construction details, and proposed location. In keeping with the cemetery by-laws only one monument shall be erected within the designated space on any lot. The minimum thickness for flat markers including footstones is 4 inches or 10 em. The minimum thickness of upright monuments is 6 inches or 15.5 em. The maximum height for upright monuments is 42 inches or 107 em including the base. All monuments and markers shall be constructed of natural stone (i.e. granite). Marble, ceramic or wood memorials are not permitted. No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the interment rights holder(s) and/or marker retailer has notified the Cemetery Operator. Markers and footstones are permitted with size and quantity restrictions according to cemetery by-laws and the placement of such memorials shall not interfere with future interments. 5 of Tillsonburg are hereby repealed in their entirety. 3. This By-law shall come into force and effect upon the requisite notice provisions for this by-law being carried out in compliance with section 151 of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33. READ A FIRST AND SECOND TIME THIS grH DAY OF July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS grH DAY OF July, 2012. Mayor-John Lessif Clerk -Donna Wilson 7 PRS 12-14 ENERGY MANAGEMENT UPDATE DATE: TO: FROM: July 3, 2012 Kelley Coulter, CAO Janet McCurdy, Acting Director of Parks & Recreation Services SUBJECT: ENERGY MANAGEMENT OF MUNICIPAL FACILITIES RECOMMENDATIONS Resolve that Council receive report PRS 12-14 Energy Management of Municipal Facilities for information only PURPOSE To update Council on the status of 2012 Business Plan Energy Management projects at Town owned facilities. HISTORY 8r. DISCUSSION As part of the 2012 Business Plan the Parks and Recreation Department committed to a $16,000 savings in utility use. The completed projects include facilities at the Lake Lisgar Waterpark, the indoor pool, the arenas and Library to save on utility use. In 2011 the Parks and Facilities Manager attended the University of Guelph for an Advanced Energy Management Course. The techniques learned through the course have resulted in the implementation of energy saving projects Table 1 highlights the elements of each energy project that has been implemented in 2011 and 2012. The organization has realized $18,600 in savings due to unseasonably warm weather through the January -March time period. Caution is given to Council that these savings may be absorbed with unseasonably cold weather between November and December. The Parks and Facility manager has focused on five projects. The first project was the replacement of light fixtures in the library. The other four projects are low cost high savings projects across the organization. *Liquid Solar Blanket-This barrier acts like a traditional solar blanket to trap in heat and prevent evaporation of chemicals. It remains working even while swimmers are present. Ideal in Commercial pools where traditional blankets would be impractical. The savings reported above have been realized for the 2012 fiscal year. Given the implementation time was mid-year some savings will be realized in the 2013 fiscal period. Report Completed by: Kelly J. Batt, Parks & Facilities Manager Date: July 3, 2012 From: FCM Communique To: John Lessif ReplyTo: communique Subject: Diamond Jubilee I medaille du Jubile Sent: Jun 7, 2012 2:01 PM Dear Head of Council: CELEBRATING COMMUNITY BUILDERS: The Queen's Diamond Jubilee Medal Program The Government of Canada is offering municipalities a unique opportunity to celebrate the people who help build communities. Through FCM, the federal government is inviting municipalities to award a Queen's Diamond Jubilee medal to a citizen who has made an exceptional contribution to his/her community. The medal program is the centrepiece of a year-long series of Diamond Jubilee initiatives by the federal government. The jubilee marks sixty years of public service by Her Majesty Queen Elizabeth II. To ensure that communities of all sizes and in every region of the country have the opportunity to participate in the medal program, all of Canada's 3,734 local governments have been invited to nominate a medal recipient and one alternate candidate. There will also be an opportunity for FCM and Provincial-Territorial Associations associated with FCM to nominate recipients from the national and PT municipal sectors. Following informal discussions with FCM, the federal government is preparing to allocate medals on the following basis: 3,734 -Medals allocated for nominations from individual municipalities 108 -Medals allocated for nominations by FCM 108 -Medals allocated for nominations by PT associations 50 -Reserve medals (allocation to be determined at a later date) 4,000 You will find the eligibility criteria included, as well as the nomination form to be completed, saved and returned to FCM via email. Please note that the deadline for submitting the name of your candidate (and one alternate candidate) is August 1, 2012. Questions concerning the nomination process can be addressed to FCM by electronic mail. Requests for promotional items, as well as use of the Emblem permission and submissions for the Calendar of Events must all be submitted to the Diamond Jubilee Team. If your municipality is requesting Royal Portraits, Crown of Maples or Canadian promotional materials for a Canada Day celebration, requests must be submitted to the following address: CeremonialetSymboles- CeremonialandSymbols@pch.gc.ca. To learn more about the Diamond Jubilee, please visit the Diamond Jubilee website. Sincerely, Councillor Berry Vrbanovic President THE CORPORATION OF TilE TOWN OF TILLSONBURG BY-LAW NO. 3625 A BY-LAW to adopt the Town ofTillsonburg Committee/Staff Liaison Policy. WHEREAS Section 270( I) of the Municipal Act, 200 I states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. WHEREAS the Council of the Corporation ofthe Town ofTillsonburg is desirous of adopting the Committee/Staff Liaison Policy. THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Town ofTillsonburg Committee/Staff Liaison Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 25th day of June, 20I2. Read a Third and Final Time and passed this 9th day of July, 20I2. Mayor-John Lessif Clerk-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG APPOVAL DATE: SCHEDULES ADMINISTRATIVE POLICY COMMITTEE/STAFF LIAISON POLICY REVISION DATE: 0010010000 Schedule A Committee Staff List Schedule B Council Request Template A. Policy Statement Page 1 of 6 There is a need to provide a staff liaison person for Committees of Council and Boards of Council within the Town of Tillsonburg. B. Purpose Volunteering in the Town of Tillsonburg offers opportunities for the Town and volunteers to collaborate in developing the Town of Tillsonburg. The Town will benefit from the value of voluntary and community service and volunteers will develop civic pride in the giving of their time and expertise. The Town of Tillsonburg is committed to ensure and improve communications between Committees/Boards and Council. This policy is to provide guidance and advice to staff liaisons in order to minimize the Town's liability with respect to Committee/Board actions while participating in public life. This policy is to improve communication and opportunities for volunteerism in a safe and productive manner. C. Scope This policy applies to all staff that represents the Town on any committee or board. D. General This policy shall be administered by the Development & Communications Department. This policy shall be referred to as the "Committee/Staff Liaison Policy". This policy comes into force and effect on the date adopted. E. Authority The authority for the Committee/Staff Liaison Policy shall be by the approval of the Council of the Town ofTillsonburg. THE CORPORATION OF THE TOWN OF TILLSONBURG ADMINISTRATIVE POLICY COMMITTEE/STAFF LIAISON POLICY APPOVAL DATE: SCHEDULES REVISION DATE: 00100/0000 Schedule A Committee Staff List Schedule B Council Request Template PROCEDURES FOR THE COMMITTEE/STAFF LIAISON POLICY Conflict of Interest: Page 3 of 6 It is recognized that staff and public committee members have a broad range of interests that may from time to time lead to potential, actual or the appearance of a conflict of interest. Staff & Volunteers will be considered to have a conflict of interest where their private objectives conflict with municipal objectives. As such they shall not: • Benefit financially from their membership other than an honorarium that may be paid in certain circumstances. • Place themselves in a position where they are under obligation to any person who may benefit from the circumstances • Deal with any application, agreement or contract in which their spouse, child, grandchild, parent, grandparent, partner, or company has an interest. • Gain personal benefit from any knowledge about a municipal related matter. • Give preferential treatment to any person, partner, organization or company where the member has a financial interest. Where a conflict of interest exists, the volunteer shall declare the conflict, or possible conflict, and withdraw from direct involvement in the matter and refrain from any comment that might influence a decision. Volunteers shall ensure the conflict or possible conflict of interest is recorded in the minutes of the meeting. Appointment/Performance Based on the recommendation of the CAO, Council shall appoint a staff liaison as a member to the appropriate board or committee based on their level of expertise. THE CORPORATION OF THE TOWN OF TILLSONBURG APPOVAL DATE: SCHEDULES ADMINISTRATIVE POLICY COMMITTEE/STAFF LIAISON POLICY REVISION DATE: 0010010000 Schedule A Committee Staff List Schedule B Council Request Template Schedule A Page 5 of 6 COMMITTEE STAFF LIAISON Community Services Advisory Board Kelley Coulter, Donna Burditt, Jodi Aspden Cultural Advisory Board Cephas Panschow Development Committee David Samis, Kelley Coulter Heritage & Beautification Advisory Board Kelly Batt Parks & Recreation Advisory Committee Janet McCurdy TACAC Amber Zimmer Museum Advisory Board Patty Phelps BIA Cephas Panschow Accessibility Advisory Board Donna Wilson Library Board Terri Pope THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3627 A BY-LAW to authorize the Sale of certain lands on Cedar Street to Rick's Carpet Limited. WHEREAS pursuant to Section 8 of the Municipal Act,2001, S.D. 2001, C.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillson burg is desirous of selling certain lands being 60 Cedar Street, Town of Tillson burg, County of Oxford. AND WHEREAS Rick's Carpet Ltd. have made a written offer to purchase these lands at the Purchase Price of $600,000.00. BE IT THEREFORE ENCACTED by the Council of The Corporation of the Town of Tillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of lands described as 60 Cedar Street, in the Town of Tillson burg, County of Oxford, at the purchase price of $600,000.00; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READ A FIRSf AND SECOND TIME THIS 2stt' DAY OF June, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gt11 DAY OF July, 2012. Mayor -John Lessif Clerk -Donna Wilson r Agleernent of Pun:hase and Sale Col•••-..:lal Form500 for use In the PfOiince t:l Ontario This Agreement of Purchase and Sale dated this .............. ?.~r:-!9 ............. day of .................. ).':-!~~-·-················ 20 .. J~ .. BUYER, ................................................ BJgs:~t~~r.P.~.tJ.:.~~~ ............................................... , agrees to purchase from (Full legal names of all Buyers) SI!LLI!R, .............................. Jb.e.. C.9.1'P.Q.I:-fttl9.rJ .. Of.Ih~.TQW.I:l.Qf.Ii.IJ~.Q.Ob.l,l.r9. .............................. , the following . (Full legal names of all SaUers) REAL PROPERlY: Address ......................................... ~0 .. C.~d~.r. .st.~~t.,. :UIIs.~mb!.l.r.g,, QN. N4G .. ~.Nl ......................................... . fronting on the .............................. , ..... !;~.~~ ........ ; ........................... side of .................... ~~~-~.r.St~~L ..... ; .......... .. In the ................................................. 1Q~.Q.Rf.lJJl::iQIJ.b.\.!r9J.C.Q.\.!OW.Qf..O~.rd ................................................. . and having a frontage of ...... J:J ... ~~ .. ~Q:~.~.:tl:: ....... more or less by a depth of ........... J!':I]!S!:JJ~.r ............ more or less and legally described as ............. !':J.C?~:.IQ .. ~ .. 9.~~~r.mtn~~U~Y..~ . .IJ~W.P.~!!!~.!?f.~Hr.Y.~.Y.t.T9~!1.gf.II~!!'!9.n~~!'9 .......... . ............................................. S.~~.S.$;rn:dJ.Jifl~.:·~·:.jilf.I.Q . .':~::.:-.~~~I;l.~r;l, ............................................ (the "property"). (Legal desa'lption of land including easements not desaibed elsewhere) Dollars (CDN$) ........... J~9.0.,QQ9.:R.Q .......... . ............................................................... $.1.~.~!-:l.t;l,g~~:t~hR.Y!?.~!'J~ ................................................................ Dollars DEPOSIT1 Buyer submits .................................................... .!..J.P.Q.O..~.~~.P.t.GI.IJ~~ .................................................... . (Herewith/Upon Acceptanoe/as olhe!Wse deaa1bed In this Agreement) ........................................... flf.tv..tl:loMs.an.c:t ........................................... DOllars (CDN$) ........... so .. oo.o.oo ........ .. by negotiable cheque payable to ............................. :I-.1:-::.W.[IJ.~~.d:J~.~.Cil.lcy .. ~~~-· ............................... "Deposit Holder'' 1o be held In trust perdng OCJ I paia\ a dher la11 i dJa I rJ ttis /lgf:S I BIt atl to be adted to.\ad the P\.rd1aSe Aice on W I petia L For the purposes of this Agreement, "Upon Ac:cepta'lce~ shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of this Agreement. TI'e parties to this Ag9ei r rent heret:7j acknoiMedge that, 111less dhei'v.ftse prdllided for in this 1qeet 1 IEII d, the DepOsit Holder shall place the deposit in trust i'l the Deposit Holder's non-interest bearing Real Estate Trust Account and no Interest shall be earned, received or paid on the deposit. IJ&¥W ..... to paytlw ......._as mara~ set out In Sc:heduleAattac:IIIKI. SCHEDULI!(S) A ............................. , .. ~ . .t..~ ............................. attached hereto fonn(s) part of this Agl eenlellt. 1. IRREVOCABIUTY:l'his Offer shall be irrevocable by ................ 6.YY~.r ............... until .. :tJ;.QQ .. AM ... a.m.ip.m on (Seller/Buyer) the ............. ~9~h ............. day of .................... J.I,JJ!~ .................... 20 ... l2 .. , after which time, if not accepted, this Offer shall be null a1d void and the deposit shall be returned to the Buyer In full without interest. 2. CXIVPLETION DATE:This ~reement shall be COfYllleted by no later than 6:00 p.m. on the ........... l~h ............ day of .............. Qd:.Qb.er: ............. ; 20 .... 12 ..... Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. Real Forms"' 2012 ,/' 9. FUI1JRE UE Seller and Buyer agree that there is no representation or warranty of any kind that the future Intended use of the property by Blf)fer is or will be lawful except as may be specifically provided for in this Agreement. 10. T1"'1..EE Provided that the title to the property is good and free from all registered restrtctlons, charges, liens, El1d encurmrances except as otherwise speclflcally provided in this Agreement and save and except for (a) aiT'/ registered restrictionS or covenants that run with the land providing that such are COJ'll)lled v.4th; (b) arrJ registered m.mlcipal agreements and registered agreements with publicly regl.Eted utilities providing such have been co!11)1ied with, or security has been posted to enSLre COf'lllllance and completion, as evidenCed by a Jetter from the relevant m.miclpalily or regiJatecl utility; (c) any rilinor easements for the SUpply c:A dOmestic utility or telephone services to the property or adjacent properUes; and (d) EV1Y easements for dlainage, storm or sanitary se..vers, public utility lines, telephone lines, cable television Hnes or other services which do not materially affect the use c:A the property. If within the specified times referred to in paragraph 8 any valid objection to title or to arrJ outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Seller and which Seller is unable or unwilling to rermve, remedy or satisfy or obtan insurance save and except against risk c:A fire (Title Insurance) In favour c1 the Buyer and any rrortgagee, (v.4th all related costs at the expense of the Seller), and which Buyer will hot waive, this Agreement notwithstanding any interrrecliete acts or negotiations in respect Of such objections, shall be at an end and· all rroriieS paid shall be retl.ITIEld YJithout intereat or cleduetlon and Seller, Usting Brokerage and C<>operating Brokerage shall not be liable for any costs or damages. Save as to any valid objection so rl'lade by such clay and ~cept for any objection going to the root of the title, Buyer shall be conclusively deemed to h~ accepted Seller's title to the property. 11. CL.OSIING ~re each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the property, and where the 1ransactlon will be COI'r1lleted 'by electronic registration pursuant to Part Ill of the Land Registration Reform /ld, R.S.O. 1990, ChaJXer L4 and the Electronic Registration Nft., S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer ackno.Nieclge and agree that the exchange of closing funds, non-registrable documents and other items (the "ReqUsite Deliveries") and the release thereof to the Seller and Buyer YAII (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered In connection with the ooJ1l'(etion rl this transaction) and (b) be subject to conditions whereby the laYJYEll'(s) receMng any of the Requisite Deliveries will be re<JJ!red to hold same in trust and not release same except in accordance with the terms a a document reglstraioo agreemenl between the sad lawyers. 1he Seller and Buyer Irrevocably instruct the said ~ to be bound by the document 1'89stratlon agreement which is recommencled from time to time by the Law Society of Upper Canada. Unless otheNvise agreed to by the lawyers, such exda1ge of the Requisite Deliveries Will occur in the applicable Land T1tles Office or such other location agreeable to both lawyers. 12. DOCUIBIIS At.D DISCHARGE: Blf)fer shall not can for the production of any title deed, abstract, survey or other evidence oftiUe to the property except such as are in the possessloo or control of Seller. If requested by Buyer, Seller YAII deliver any Sketch or survey rl the property within Sellet's cartrol to Buyer as soon as possible and prior to the Requisition Date. If a aiSCharge c:A any Charge/Mortgage held by a corporation inc:orparatecl pursuant to the Trust And Loan Coi'T1&lies !d. (Csnada), Chartered Bank, Trust ConlalY. Creclt Union, caisse Populaire or Insurance COrrpany and which Is not to be asst.med by Buyer on OOJll)letlon, is not available in registrable form on C0fl1'1etion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out of the closing fiJncls, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after cofTl'letion, provided that on or before oo!11)1etion Seller shall provide to Buyer a rmrtgage statement prepared by the rrortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system Is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13. 118 ECIION:Buyer acknCJMedges having had the opporturity to Inspect the property and understands that upon acceptance of this Offer there shall be a binclng agreement of purchase and sale between Blf)fer and Seller. 14. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk a Seller. Perdng completion, Seller shall hold aiiii1Sll'al109 policies, if My, and the proceeds thereof in trust for the parties as their Interests may appear and in the event of substantial damage, Buyer may either termnate this Agreement and have all rronies paid returned without interest or deductial or else take the proceeds of any lnsuance and COR1Jiete the purchase. No IT1Sl181'1ce shall be traiiSferred on COJ1"4)letlon. If Seller Is taking back a Charge/tlllortgag, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate Insurance to protect Seller's or other rmrtgagee's interest on corrpletion. 15. PI.AtNNG~Thls Agreement shall be effective to create an Interest In the property only if Seller COf'Tlllies with the subdMsion control provisions rlthe Planning ld. by ~~Sel covenants to proceed diligently at his expense to obtain EV1Y necessary consent by COI'Jllletlon. ~ ltniALS OF BUYER(&): INTIJU.S OF SFI' PR{S): ~ IJl 03)12. Oliolfo Real BIID~ ~"). AllrttD.-wcL 'llitbm-dMICipld ~OOEA rcrt. .... .mrep1XI.do:n c1111 ...,..,..a...._ .,...,. cny. Mfchruaea rep-.11 ~ ~· ptalldllenc:cn&ll riOAEA Do rotmYriWI pmilrQ al'lll""'ildrgm~ prHetfXri<n Form 800 ReYised 2012 p .... 3 f117 Real Formt"201Z 28. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. ~".:;;;:;z:_.~:::'~:~~:~:~:~~:~;DATE~~L~ ~Ut.'i .. ~.;.tl~~~f............... ..:~~·Ob; ....................................... ~DATE .................................. . I, the l.Jndenilgned Seller, agree to the above Offer. I hereby Irrevocably Instruct my lawyer to pay directly to the brokerage( a) with whom I have agreed to pay commission, the unpaid balance of the corrn'rission together with appncable HanroniZed Sales Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the brokerage(s) to my lawyer. SIGNED, SEALED AND DELIVERED in the presence of: IN \MTNESS YAlereof I have hereunto set my hand and seal: ........ J!!!.~'P.9.rm!9.1:',g:,TI'l:J:9.'!'!!l.R!'.J:!I.f!l.lm~.r:9 ....... .. (Wbiiii8)'"""'"'"'"'""'"'"'"''"''"''"''"""'"''"'''"''""' .................................................................................. DATE .................................. . ~ ....................................................................... ::=:: ....................................... !l DATE .................................. . SPOUSAL CONSENnlhe Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family Law N;t, R.S.0.1990, and hereby agrees with the Buyer that he/she will execute all necessary or incidental documents to give run force and effect to the sale evidenced herein. ~ ...... : .............................................................. :_ -~ ........................................................................ ! DATE .................................. . COIIFIRMATION OF ACCEP I~ NctWthsla1cling &nything cor1ained herein to the cxrrtray, I <XJI'lfirm this~ Wtl'l all changes both typed and written was finally accepted by all parties at .................... this ......................................... day of .............................. ~~-Y. ............................ , 20 .... ~~ .. . · (Signiitii1i Di88i8r·a.: ~ .. • • ....... • .. • • · · · INFORMAnON ON IIROKERAGE(S) .· Usting Brokerage ... ; ................................... I~h: .. V.V.J.l.l.?~.~.J:t .. ~~!tY..htg.~; ..................................... Tei.No.( .... ~~.~ .... ) ....... Q§§ ... O.~.~~ ..... .. ................................................................ 6.7..& .. $.1.~.~ .. St"'.JJJ.I~P.O.b.Yr.g, .. QN .. ~!9:~ .. ~.1::\6 ............................................................... . Co·op/Buyer Brokerage ........................................................................................................................ Tei.No.( ................ ) .................................. . ACKNOWLEDGI!MI! I acknowledge receipt of my signed copy of this acoopted Agreement of I acknoWledge ~ of my signed copy of this accepted ,&Qreement of and sale llld I authOiize the Brokerage to forwa!d a copy to my lawyer. and sale and I aulhorlze the Brokerage to folward a copy to my lawyer. (sehiii)"'····· ........................................................... DATE ..................... . .. ................................................. .-........................ DATE ..................... . (BlP;er) per: Rick's Carpet Ltd. (Seileif ............................................... ' ...... ' ..... ' ... " DATE .. " ... " ............ . (Bi;ieij... .... .. .. ... . .. .. .. ... .. ... . .. ... . .. . ... . ... .. ... . . .. ... . .. .. .. .. DATE .................... .. Address for Servlce .................. ZO.Q.~.miii~Wi\IY .... ~f.I.Q.f.lr., ................. . Address for Service .............................................................................. . ..... Ii!!R.9.11P.!-!r.9...QN.N.~.~--!?.~.7. ...... Tei.No.( •• ~.+.~ .. ) .... ~~.~ ... ~.Q.Q.?. ... . .. ...................................................... Tei.No.( ........... ) ........................... . Seller's Lawyer ..................................................................................... . Buyer's Lawyer .................................................................................... .. Address .............................................................................................. . Address ............................................................................................. .. ( ........... ) ....... i'ifriiO,""''"'""'""""""" ( ........... ) .... i=Al<iirO ....................... .. ( ........... ) ........................................... ( ........... ) ................................... .. Tei.No. FAX No. FOR OFFICE USE ONLY To: Co.operalirg Blokerage a!'OM'I on 1he foregoing Agnlamant or Purd1ae and Sale: In coneldarallon for the Co-oparallng l!rokerage p!'OCilllng 1he foregalng AgrMment of Purd1aaa aid S.te, r hereby deollnlhat all moneys recelwd or rwcelvable by me In connecUcn with lhe Tl'llllSidkn • ~ In the MLSII) Rltee anc1 Reguratlma or my Rear Eatale Bon lhall be raoalvable and held 1n tnJat Tllla agreemant shall Clllllltlute a Cor'm1llllal Trult Agreement as dellned In fhe ML.S® Rules and shall be subJect to and goyemed 171 the 1\11.8111 Rules pertaining to Conrrlsslon Trust. DATED u or 1he date and time or the a::ceptancs c1 ttw foragohg Agreement of Purchase and Sale. Ac:knt»1adgad by; (AUiiiOriiediO.iiincit'I1&"Li8ti;;g·~; ........................................... . c~i<i"iiincitt;·~·e;~i·· .............................. . rn 1111 2011, On1orlo Real Eolllle Anoclallon {'OREA1. All r1ghtueoeNOd. lhlo 1o1m wu devllopod by ORE'A for 1la uoo ond reproduction of ill I110iriJoro and Ilea....,. ~ oldy. f1ni o1her ...., or rop11duQJon II prvhlljtaclaxcapt wl1h prlor wrttlon connnl or OREA. Do no\ ollar v.tlen polnlng or reprodudng the olahdafd ~ porl!on. Form 500 Revised 2011 P9 5 cl7 Real Forms'" 2Df2 Sct.edule A Form500 .Agreement of Purchase and Sale-Commercial for uaeln the Province of Onlar1o This Schedule is attached to and fot1l'8 part of the Agreement of Purchase and Sale between: BUYER, .............................................................. RI~'.$ .. C;;~.m~J;.J..~<:I ............................................................... , and 8ELLER, ......................................... Jb.e..~9.flUU:~tJ9.1:1.9.f.JJ:t~.J9.W.O.Qf.JJJ!~QJ:l.~!-J.t:'9 ........................................ . for the purchase and sale of .............................. 9.Q .. ~~9.~r:.~.~~.~,.JJJ!~9.r:\R!-:I.I!J~ .. Q~ .. ~~G .~N~ ............................ . ........................................................ dated the ................ ~;?.n<-1 ................ day of ............. J~.n~ ............. , 20 ... 1~ .. Buyer agrees to pay the balance as follows: ••• (continued from page 6) Note: (1.) The Buyer hereby acknowledges being advised that they may seek outside professional advice (lawyer, building Inspector, accountant, surveyor, mortgage consultant, environmental consultant, etc.), and that no Information supplied by the Real Estate Brokers Involved in this transaction shall be construed as legal, tax, or environmental advice. (2.) The Seller represents and warrants that the fixtures and chattels as Included In this Agreement of Purchase and Sale will be In good working order and free from all liens and encumbrances on completion. The Parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but apply only to the state of the property at completion of this transaction. The Seller herein agrees to provide the Buyer with a detailed list of the chattels and fixtures included With the subject property and a detailed list of the chattels and fixtures excluded from the sale of the subject property within ten days of acceptance of this Agreement of Purchase and Sale. Upon acceptance of this Agreement of Purchase and Sale the Seller herein agrees to enter Into a Rental Agreement for approximately 8,000 square feet with the Buyer at terms to be negotiated and subject to the Seller's Lawyers approval. This form 11'1.1st be initialed by all parties to the Agreement of~ Sale . . · INITIALS OF BUYER(S):~ INITIALS OF 8191 FR(S): ~ rl] 0 2011, Clrlarto Roal &late Auaclallon ('OREA'). All r!{llle ........,d. Thhr formwu dovoloped by OREA lor tho unond ropn>ductlon ollllrnorrmera and llcona-!:a-only. Anyolheru10crroproduct1on llpn>hlblted...,.ptlllth pr1or\\OitlonconaemoroREA. Do not .. lorwhenp1nting..-rvproduclngtho-pra.~o1 por11on. Form 800 ReviSed 2011 Pllllll 7 fliT Real Fotms"' 2012 •· •Geocortex Viewer for Silverlight Page 1 ofl " :-.. . . . m ) http://webmap.oxfordcounty .calglimr/?Viewer=Tillsonburg_ advanced 6/4/2012 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3628 A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements andrestrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33 WHEREAS The Corporation of the Town of Tillsonburg owns and operates municipal cemeteries known as the Tillsonburg Cemetery, located at 191493 Simcoe Street, CON 12 S PT LOT 1 REG COMP, LOT 39, PLAN 1653, Town of Tillsonburg; AND WHEREAS the Funeral, Burial and Cremation SeiVices Act (FBCSA), 2002, S. 0. 2002, c.33 (Act) regulates the operation of cemeteries in Ontario; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it desirable to enact a By-law to regulate the operation of municipal cemeteries; AND WHEREAS public notice of Council's intention to pass this By-law will be provided in accordance with the Act; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: A. DEFINITIONS Burial: The opening and closing of an in ground lot or plot for the disposition of human remains or cremated human remains. By-laws: The rules and regulations under which the Cemetery operates. Care and Maintenance Fund: It is a requirement under the Act that a percentage of the purchase price of all interment rights, and set amounts for marker and monument installations is contributed into the care and maintenance fund or monument care fund as is appropriate. Interest earned from these funds is used to provide care and maintenance of plots, lots, and stability of markers and monuments at the cemetery. Cemetery Manager: A person(s) designated by the Corporation of the Town of Tillson burg to execute all rights and responsibilities under this by-law and under the Act. Cemetery Operator: The Corporation of the Town of Tillsonburg. Contract: For purposes of this by-law, all purchasers of interment rights or cemetery services must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by-law. Corner Posts: Shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot. Grave: (Also known as a Lot) means any in ground burial space intended for the interment of a child, adult or cremated human remains. Interment Right: The right to require or direct the interment of human remains or cremated human remains in a grave or lot and direct the associated memorialization. Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights. Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified lot. Lot: For the purposes of this By-Law a lot is a single grave space measuring 39 inches by 120 inches or 1.0 meter by 3.05 meters. Marker: Shall mean any permanent memorial structure that is set flush and level with the ground within the designated memorial space, and used to mark the location of a burial lot. 1 laws and provides for the administrative charge outlined in the cemetery price list to transfer the interment rights certificate. C. CANCELLATION OR RESALE OF INTERMENT RIGHTS Purchasers of interment rights acquire only the right to direct the burial of human remains and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-laws. In accordance with cemetery by-laws, no burial or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate shall be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of Real Estate or real property. An interment rights holder wishing to resell their interment rights shall advise the Cemetery Operator of their intention prior to seeking a third party buyer for their interment rights. Cancellation of Interment Rights within 30 Day Cooling-Off Period: A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract by providing written notice of the cancellation to the Cemetery Operator. The Cemetery Operator shall refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. Cancellation of Interment Rights after the 30 Day Cooling-Off Period: Upon receiving written notice from the purchaser of the interment rights, the Cemetery Operator shall cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the Cemetery Operator along with the written notice of cancellation. If any portion of the interment right has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. Resale of Interment Rights after 30 Day Cooling-Off Period: Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or re-sell the interment rights. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has the right to re-sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the Act. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment rights. Care and Maintenance Fund and Monument Care Fund Contributions: As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights and a prescribed amount for monuments and markers is contributed into the care and maintenance fund or the monument care fund as is appropriate. Income from these funds are used to provide only general care and maintenance of the cemetery and maintain safety of monuments. Contributions to the care and maintenance fund or monument care fund are not refundable except when interment rights are cancelled within the 30 day cooling off period. Permit or prohibit resale of interment rights to a third party: Note: All resales of interment rights must be carried out through the Cemetery Operator. Requirements for the resale of interment rights: The interment rights holder(s) intending to sell their rights shall provide the following documents to the Cemetery Operator in order that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate: 1. an interment rights certificate endorsed by the current rights holder 2. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available 3. any other documentation in the interment rights holder(s) possession relating to the rights 3 must be received at the cemetery office prior to the removal of casketed human remains. A certificate from the local medical officer of health is not required for the removal of cremated remains. Note: In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s). One casket burial and three (3) cremated remain or four (4) cremated remains may be interned in a single grave. Each grave shall be a sufficient depth to allow two (2) feet of earth cover. For persons to be buried enclosed in a container, the container must be securely sealed, dry and of sufficient strength to permit burial with the container remaining intact. Containers must be of a size to permit burial within the dimensions of the lot. E. MEMORIALIZATION No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the Cemetery Operator. Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear. The Cemetery Operator shall take reasonable precautions to protect the property of interment rights holders, but assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. The Cemetery Operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments. All foundations for monuments and markers shall be built by and at the expense of the interment rights holder according to the specifications as set out by the Cemetery Operator and under the supervision of the Cemetery Operator. All foundations shall be constructed of solid concrete to a minimum depth of 5'-0" below the natural ground surface. Should any monument or marker present a risk to public safety because it has become unstable, the Cemetery Operator shall do whatever is deemed necessary by way of stabilizing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. The Cemetery Operator reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Cemetery Operator. A monument or other structure shall be erected only after the specific design plans have been approved by the Cemetery Operator including: dimensions, material of structure, construction details, and proposed location. In keeping with the cemetery by-laws only one monument shall be erected within the designated space on any lot. The minimum thickness for flat markers including footstones is 4 inches or 10 em. The minimum thickness of upright monuments is 6 inches or 15.5 em. The maximum height for upright monuments is 42 inches or 107 em including the base. All monuments and markers shall be constructed of natural stone (i.e. granite). Marble, ceramic or wood memorials are not permitted. No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the interment rights holder(s) and/or marker retailer has notified the Cemetery Operator. Markers and footstones are permitted with size and quantity restrictions according to cemetery by-laws and the placement of such memorials shall not interfere with future interments. 5 of Tillsonburg are hereby repealed in their entirety. 3. This By-law shall come into force and effect upon the requisite notice provisions for this by-law being carried out in compliance with section 151 of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33. READ A FIRST AND SECOND TIME THIS gTH DAY OF July, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS gTH DAY OF July, 2012. Mayor-John Less if Clerk-Donna Wilson 7 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3629 A BY-LAW TO APPOINT A BY-LAW ENFORCEMENT OFFICER. WHEREAS the Municipal Act, 2001 S.D. 2001, c.25, authorizes council to appoint officers and employees as may be necessary for the purposes of the corporation, or for carrying into effect any Act of the Legislature or by-law of the council; AND WHEREAS Section 15{1} of the Police Services Act R.S.0.1990, c.P.15, authorizes the Council of any municipality to appoint one or more Municipal Law Enforcement Officers, who shall be peace officers for the purposes of enforcing the by-laws of the municipality; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to appoint a By-law Enforcement Officer to enforce by-laws enacted by Council of the Corporation of the Town ofTillsonburg. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT Francesca Pedler is hereby appointed as By-law Enforcement Officer for the Corporation of the Town ofTillsonburg. 2. THAT this by-law shall come into force and take effect on July 9th, 2012, the date of its final passing until September 1, 2012 inclusive. READ A FIRST AND SECOND TIME THIS glh day of July, Zl12. READ A THIRD AND FINAL TIME AND PASSED THIS gu. day of July, Zl12. MAYOR -John Lessif CLERK -Donna Wilson WHEREAS AMENDMENT TO LEASE AGREEMENT Made this __ day of ____ , 2012 BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG (hereinafter referred to as the "Lessor") -and- Rick Lee and Geoff Lee carrying on business as Lee-Air Leasing Ltd (hereinafter referred to as the "Lessee") The Lessor and Lessee entered into a Lease Agreement dated the 131h day of December, 2004 (the "Lease"), concerning the property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property") as more particularly described in the aforementioned Lease. Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee and Lessor agree to amend the aforementioned Lease pursuant to this agreement (the "Amendment to Lease"): In consideration for the covenants, payments and promises contained in the Lease and for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged and for the covenants, promises and payments contained herein, the Parties agree to amend the Lease as follows: 1. Contained in Preamble of the Lease, the Lessee was to lease from the Lessor a portion of the Property being 48 feet by 50 feet for a total area of 2,400 sq. ft. (the "Premises"). The Parties agree that the Lease is hereby amended so that the Lessee shall lease a portion of the Property being 50 feet by 56 feet with an expansion of 18 feet by 56 feet, and an expansion of 14 feet by 55 feet for a total area of 4,578 square feet (the "Premises") with the lease rate being adjusted accordingly. 2. The Parties agree that subject to the terms of this Amendment to Lease that all other Terms and Conditions in the Lease are in full force and effect and that unless specified in this Amendment to . .. . WHEREAS LEASE (AIRPORT -HANGAR) Made this __ day of July, 2012. BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- R. Paul Weber and Hendrika K. Weber (hereinafter referred to as the "Lessee") The Lessor owns Property legally described as Part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario (the "Property"). Contained on the Property is an airport (the "Airport"), agricultural lands and buildings ancillary to the use of the Airport. The Lessee is desirous to lease from the Lessor a portion of the Property being 42 feet by 52 feet comprising of approximately 2,197 square feet more or less as marked in red on Schedule "A" (the "Premises"). The Lessee is desirous to lease one airplane hangar (the "Hangar") on the Premises. The Lessor acknowledges that the Hangar is not owned by the Lessor but by the Lessee. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Premises to the Lessee: (a) at the Rent set forth in Section 2; (b) for the Term set forth in Section 3; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein. (2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title. 3 (c) to pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following: (i) heating, ventilating and air-conditioning if applicable; (ii) providing hot and cold water and other utilities and services to the Premises if applicable; (iii) maintaining and repairing the equipment as applicable; (iv) snow removal and landscaping on the Premises including cutting the grass and weed control, if applicable; and, (v) all repair, service and maintenance to the Hangar including reasonable wear and tear; (5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing to the Lessor in respect of the expenses payable by the Lessee as provided for herein; (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 2 (2). (7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Lessor and shall be delivered to the Lessor at the Lessor's address for service set out in Section 14 or to such other place as the Lessor may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Lessor's bank plus two (2) per cent. (9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Lessor's right to recover any Rent owing. Lessor's Initials Lessee's Initials --- 5 Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease. (2) The Lessee shall not do or permit to be done at the Premises anything which may: (a) constitute a nuisance; (b) cause damage to the Premises; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Premises; (e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Premises, Property or Airport; and, (f) create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown corporations plus municipal bodies, or Court is made as a result of the Lessee's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Paragraph or Paragraph 5(2)(e) then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order. (3) The Lessee shall: (a) not interfere in the use of the Airport or any other use of the Property. The Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that there are other lessees and users of the Airport and it shall not interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other lessee or any user of the Airport; Lessor's Initials Lessee's Initials --- 7 Premises are located including the Township of South West Oxford and any federal or provincial statutes, rules or regulations; (e) with all necessary permits obtained at the expense of the Lessee; and, (f) the Lessee shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Lessor responsible for any such costs. 6. REPAIR AND MAINTENANCE (1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be reasonable for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor's, or its agents, contractors and employees, negligence and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises. (2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the notice; and, (b) if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss, damage or inconvenience to the Lessee in connection with the Lessor's entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated Lessor's Initials Lessee's Initials ---- 9 (3) No sign, advertisement or Notice shall be inscribed, painted or affixed by the Lessee, or any other person on the Lessee's behalf, on any part of the inside or outside of the Hangar unless it is located along the facade of the Hangar's front provided it complies with the Lessor's signage requirements and the complies with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Lessor in writing. (4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Lessor's property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee. (5) If the Lessee has complied with his obligations according to the provisions of this Lease, the Lessee may remove its Fixtures and Hangar at the end of the Term or other termination of this Lease and the Lessee covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Lessee's Fixtures and/or Hangar. (6) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Lessee shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises. 8. INSURANCE (1) The Lessee covenants to keep the Lessor indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the Lessor's Initials Lessee's Initials ---- 11 (iii) had a receiver appointed; (iv) committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Lessor's property; or, (v) taken action with a view to dissolution or liquidation; (d) any insurance policy is canceled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums; (e) the Premises: (i) has become vacant or remain unoccupied for a period of 120 consecutive days. For the purposes of this section the Parties agree that the terms "vacant and "unoccupied" shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Lessor. (2) When an Act of Default on the part of the Lessee has occurred: (a) the current year's rent together with the next years' rent shall become due and payable immediately; and, (b) the Lessor shall have the right to terminate this Lease and to re- enter the Premises and deal with them as he may choose. (3) If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease and re-enter the Premises prior to the end of the Term, the Lessee shall nevertheless be liable for payment of Rent and all other amounts payable by the Lessee in accordance with the provisions of the Lease until the Lessor has re-let the Premises or otherwise dealt with the Premises in such manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Lessee pays to the Lessor. (4) INTENTIONALLY DELETED Lessor's Initials Lessee's Initials ---- 13 the Lessor shall not be unreasonable withheld. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall have an option to purchase the Hangar for the fair market value at the time of the purchase. If the Lessor should not purchase the Hangar then the Lessee may sell the Hangar to a third party purchaser. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new term. 11. ACKNOWLEDGMENT BY LESSEE (1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor a statement in writing certifying: (a) that this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) the amount of Rent being paid; (c) the dates to which Rent has been paid; (d) other charges payable under this Lease which have been paid; (e) particulars of any prepayment of Rent or security deposits; and, (f) particulars of any subtenancies. 12. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Lessor's interest in the property. Lessor's Initials Lessee's Initials --- 15 to the property of which the premises form part without consent of the Lessor. 16. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word "Lessor" and the word "Lessee" wherever used herein shall be construed to included the executors, administrators, successors and assigns of the Lessor and Lessee, respectively. (3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several. 17. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement or fixing the quantum of rent for any renewal as set out in Paragraph 1 0(5) then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to: Lessor's Initials (a) of its obligations to pay Rent, Base Rent and/or Additional Rent; (b) non-repair or maintenance of the Premises; (c) subleased the Premises without the authorization of the Lessor; (d) (e) --- changed its use of the Premises; or, used the Premises in any manner contrary to Paragraph 5. Lessee's Initials --- 17 In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease. Witness Witness Lessor's Initials --- Per: Lessor John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Lessor Donna Wilson, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. R. Paul Weber I have authority to bind the Corporation Hendrika K. Weber I have authority to bind the Corporation Lessee's Initials ___ _ THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3637 A BY-LAW TO AUTHORIZE THE SALE OF A HANGAR AT THE TILLSONBURG REGIONAL AIRPORT TO R. PAUL WEBER AND HENDRIKA K WEBER. WHEREAS pursuant to Section 8 of the Municipal Act, 2001, 5.0. 2001, C.2S, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act, AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of selling the hangar located on the Tillsonburg Regional Airport property fronting on the west side of the first taxiway located to the west of the Terminal Building having dimensions of 42 feet by 52 feet more or less, containing approximately 2,197 square feet. AND WHEREAS R. Paul Weber and Hendrika K Weber have made a written offer to purchase the Hangar at the Purchase Price of $37,000.00. BE IT THEREFORE ENCACTED by the Council ofThe Corporation of the Town ofTillsonburg as follows: 1. THAT the Council of the Town of Tillson burg do authorize the conveyance of the hangar located at the TIIIsonburg Regional Airport described as property fronting on the west side of the first taxiway located to the west of the Terminal Building having dimensions of 42 feet by 52 feet more or less, containing approximately 2,197 square feet, at the purchase price of $37,000.00; 2. THAT the Mayor and Clerk be hereby authorized to execute on behalf of The Corporation of the Town of Tillson burg such documents to give effect to this conveyance. 3. That this by-Law shall come into full force and effect upon the date of enactment. READAFIRSTANDSECOND11METHIS9111DAYOFJULY,2012. READ A THIRD AND ANAL liME AND PASSED THIS 13111 DAY OF AUGUST, 2012. Mayor -John Lessif Clerk -Donna Wilson AGREEMENT OF PURCHASE AND SALE BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG, hereinafter called the Seller, -and- R. Paul Weber and Hendrika K Weber, hereinafter called the Buyer, WHEREAS the Corporation of the Town of Tillson burg owns the Tillsonburg Regional Airport located at 244411 Airport Road and legally described as part of Lots 4, 5, 6 and 7 in the Township of South West Oxford, County of Oxford, Province of Ontario; AND WHEREAS the Corporation of the Town of Tillson burg owns a hangar at the Tillsonburg Regional Airport and is desirous of selling the hangar; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DESCRIPTION The Buyer hereby offers to purchase from the Seller a hangar located on the Tillson burg Regional Airport property fronting on the west side of the first taxiway located to the west of the Terminal Building having dimensions of 42 feet by 52 feet more or less, containing approximately 2,197 square feet and as shown in Appendix A. The Buyer acknowledges that the Hangar does not include the land on which it is situated and the Hangar can only be removed pursuant to the terms of the Lease as set out in Schedule "B" to this Agreement. 2. PURCHASE PRICE The purchase price shall be Thirty Seven Thousand Dollars ($37.000.00 Cdn) payable in certified funds or bank draft to the Seller on the Closing Date. 3. COUNCIL APPROVAL (DATE) The Buyer acknowledges that the negotiation of this offer, including all amendments, is conditional upon the approval of the Council of the Corporation of the Town ofTillsonburg on or before July 16, 2012, failing which this offer shall be null and void and any deposit returned to the Buyer in full without interest. Further, the Buyer acknowledges that the negotiation and/or execution ofthe terms in this offer by the Director of Development and Communications or his designate in no way binds the Corporation to any of the terms contained therein. 4. CONDITIONAL DATE The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before ____ ..,JU"'~"''!f_,3.,1,.,._,2,.0..,12.,_ ____ _,. which terms and conditions are for the exclusive benefit of the Buyer and may be waived in whole or in part by the Buyer. If the conditions are not fulfilled or waived then any deposit shall be returned and the Agreement arising from the offer shall be at an end and all parties released from their obligations. a. The Seller hereby grants the Buyer and its agents access to the property and its consent to conduct all reasonable soil and environmental tests and investigations on any of the property and if the results of such tests are unacceptable to the Buyer in its sole discretion, the Buyer may, by written notice to the Seller, delivered on or before the Conditional Date, terminate this Agreement. In such event, the deposit shall be returned forthwith to the Buyer, without interest or deduction and all parties shall be released from their respective obligations hereunder. 5. CLOSING DATE This closing of this transaction shall be no later than 5 PM on the 16'h day of August. 20ll or 30 days following approval by the Council of the Corporation of the Town of Tillsonburg (the "Closing Date"). Upon completion, vacant possession shall be given to the Buyer unless otherwise provided in this Agreement. Buyer's Initials------Seller's Initials------ 15. AGREEMENT IN WRITING In there is a conflict between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the typewritten hereof, the added provision shall supersede the typewritten portion to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto shall constitute the entire Agreement between the Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 16. SUCCESSORS AND ASSIGNS The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. BUYER ACKNOWLEDGEMENTS 17. INSPECTION The Buyer acknowledges having inspected the property prior to submitting this offer and understands that upon the Seller accepting this offer there shall be a binding sales contract between the Buyer and the Seller. 18. CONDITION OF THE HANGAR The Buyer acknowledges and agrees that it is purchasing the hangar in its present condition, "as is" and there are no warranties or representations of any kind whatsoever with respect to the hangar or the lands on which the hangar is situated. The Buyer will conduct, by the conditional date, all inspections that it reasonably requires to determine if the property has been used as a waste disposal site or contains waste as that term has been defined and/or designated pursuant to the Environmental Protection Act (Ontario) or any federal legislation of similar type or nature and that the Seller makes no representation or warranty concerning the soil and/or environmental condition of the property at the time of sale. The Buyer further acknowledges and agrees that it will conduct such tests as it deems necessary to determine to its satisfaction, that the soil conditions for the property are satisfactory to support the development and construction ofthe building and other structures contemplated for its proposed use of the property. SELLER ACKNOWLEDGEMENTS 19. EXISTING SERVICES The Seller agrees, without payment by the Buyer of additional levies, imposts or charges, to supply to the hangar all existing services currently in place and serving the property including paved roads, hydro, water, sanitary sewers, storm drainage ditches, and taxiways. Such municipal services to be available on or before closing. The Buyer acknowledges and agrees that it will be responsible for any fees to connect laterals at the standard charges imposed by the respective agencies. The obligations of the Seller set out in this paragraph shall not merge on closing. Buyer's Initials _____ _ Seller's Initials------ 3 SCHEDULE "B"-LAND LEASE AGREEMENT Buyer's Initials------Seller's Initials------ 5 BY-LAW No. 3638 WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; AND WHEREAS the Official Plan for The Town of Tillsonburg includes provisions relating to property conditions; AND WHEREAS the Council of The Town of Tillsonburg is desirous of passing a Bylaw under Section 15.1 (3) of the Building Code Act, S. 0. 1992, c.23; AND WHEREAS Section 15.6(1} of the Building Code Act, S.O. 1992, c.23 requires that a Bylaw passed under Section 15.1 (3} of the Building Code Act, S.O. 1992, c.23 shall provide for the establishment of a Property Standards Committee; NOW THEREFORE the Council of The Town of Tillsonburg hereby enacts the following: SHORT TITLE: This by-law shall be referred to as the "Property Standards By- Law". PART1 DEFINITIONS PART2 GENERAL STANDARDS FOR ALL PROPERTY AND USES 2.01 SCOPE 2.02 YARDS 2.03 OUTDOOR STORAGE OF MATERIALS-NO IMMEDIATE USE 2.04 GARBAGE RECEPTACLES 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS. 2.06 UNENCLOSED PORCH -BALCONY 2.07 GRASS-TREES-BUSHES-HEDGES-LANDSCAPING 2.08 GROUND COVER-EROSION CONTROL 2.09 LOT GRADING-DRAINAGE-SUMP PUMPS 2.10 WALKWAYS AND DRIVEWAY 2.11 PARKING LOTS 2.12 EXTERIOR LIGHTING 2.13 RETAINING WALL 2.14 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION PARTS VACANT-DAMAGED-DEMOLITION 6.01 VACANT LAND 6.02 VACANT PROPERTIES 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 6.04 DEMOLISH BUILDING PART7 ADMINISTRATION AND ENFORCEMENT 7.01 GENERAL 7.02 MEASUREMENT 7.03 PROPERTY STANDARDS COMMITTEE 7.04 PROPERTY STANDARDS OFFICER-DUTIES 7.05 RECOVERY OF COSTS RELATIVE TO ORDER 7.06 APPEAL TO PROPERTY STANDARDS COMMITTEE 7.07 DECISION ON APPEAL PARTS EMERGENCY POWERS 8.01 EMERGENCY ORDERS 8.02 SERVICE 8.03 EMERGENCY POWERS 8.04 SERVICE OF STATEMENT 8.05 APPLICATION TO COURT 8.06 POWERS OF JUDGE 8.07 ORDER FINAL 8.08 MUNICIPAL LIEN 9.01 FINES PART9 OFFENCES PART10 REPEAL AND EFFECTIVE DATE 10.01 REPEAL AND EFFECTIVE DATE 11.01 SCHEDULES PART 11 SCHEDULES 3 19) "Dwelling unit" -means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate s single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building ot through a common hallway. 20) "Exterior property area" -means the building lot excluding buildings? 21) "Fence" -means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen. 22) "First Storey" -means the storey with its floor closest to grade and having its ceiling more than1.8 m (6ft) above grade. 23) "Ground cover" -means organic or non-organic material applied to prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. 24) "Guard"-means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them. 25) "Habitable room" -means any room in a dwelling or dwelling unit used or intended to be used for living, eating, sleeping, or cooking and without limiting the foregoing shall include den, library , sunroom or recreational room or any combination thereof 26) "Public Health Inspector" -means the Public Health Inspector for the County of Oxford 27) "Inoperable Motor Vehicle" -means a motor vehicle which is without a current licence plate and current insurance, and has its fenders, hood, trunk, roof, wheels, or any part of its superstructure removed, or a motor vehicle which is in a dilapidated condition. 28) "Multiple Unit Dwelling"-means a dwelling consisting of three or more dwelling units, which are horizontally and/or vertically attached, which may be entered from an independent entrance directly from the outside or from an internal common space or an access balcony and in which 50% or more of dwelling units have direct access to grade or a roof terrace. A multiple attached dwelling includes a triplex, a fourplex, a sixplex and a townhouse, but shall not include a street fronting townhouse or apartment dwelling. 29) "Municipality"-means the Corpoartion of the Town of Tillsonburg 30) "Non-habitable room" -means any room or space in a dwelling unit, other than a habitable room and includes a washroom, bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, cellar, boiler room, garage, or space for service and maintenance of any building for public use and for access to and vertical travel between storeys. 31) "Non-Residential Property" -means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein. 32) "Occupant" -means any person or persons over the age of eighteen years in possession of the property. 5 private sewage disposal system approved by the County of Oxford Board of Health. 47) "Sign" · means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. 48) "Standards" -means the standards of physical condition and of occupancy prescribed for property by this by-law. 49) "Storm Sewer" -means a sewer which carries storm water and surface water, street wash and other wash water or drainage, but excludes sanitary sewage. 50) "Toliet Room"· means a room containing a water closet and/or a wash basin. 51) "Town"-means the Corporation of the Town of Tillsonburg. 52) "Vehicle" -includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. 53) "Vermin"-shall include rats, mice, and all other such obnoxious animals. 54) "Visual barrier" -shall mean a continuous, uninterrupted structure, which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material. 55) "Waste"-means any debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or weather. 56) "Yard" means the land within the boundary lines of the lot and not occupied by the principal building. 2.01 SCOPE PART2 GENERAL STANDARDS 1. No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this Bylaw. 2. The owner of any property which does not conform to the standards in this Bylaw shall repair and maintain the property to conform to the standards or shall clear the property of all buildings, structures, garbage, rubbish, waste or accumulations of such materials that prevent access to or exit from the property in the case of emergency, or other safety or health hazard and shall leave the property in a graded and leveled condition. 7 2.04 GARBAGE RECEPTACLES 1. Every building shall be provided with sufficient proper receptacles to contain all garbage, ashes or waste, which accumulates on the property and such materials, shall be placed for collection in proper receptacles in compliance with applicable laws and not allowed to accumulate for longer than fourteen (14) days. 2. Receptacles for garbage shall be: a) made of watertight construction, b) provided with a tight fitting cover, c) maintained in good condition without holes or spillage; and d) closed or emptied, rinsed and cleaned when not in use, to prevent the escape of offensive odour or waste. 3. Plastic bags shall be considered acceptable receptacles under subsection 2.04.2 when: a) adequately secured so as to prevent spillage; b) not stored outdoors unless protected from access by animals or vermin; and c) otherwise are maintained in compliance with 2.04.1 4. Paper receptacles are not acceptable under this Section, except only where they are placed inside other compliant receptacles or are placed out for collection in compliance with applicable collection By-laws. 2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS 1. Garbage chutes, disposal and collection rooms, containers and receptacles shall be maintained good repair, kept clean and free of offensive odours. 2.06 UNENCLOSED PORCH -BALCONY 1. Every unenclosed porch or unenclosed balcony, and every exterior and common area shall be kept free of garbage, waste, or appliances. 2.07 GRASS-TREES-BUSHES-HEDGES-GROUND COVER-LANDSCAPING 1. Ground cover, hedges, trees, landscaping and grass, and site facilities required as a condition of site development or redevelopment shall be maintained in living condition and in a good state of repair. 2.08 GROUND COVER-EROSION CONTROL 1. Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. 9 2.12 EXTERIOR LIGHTING 1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order. 2. All underground parking areas and common areas shall be illuminated so as to provide safe passage. 3. Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in good repair. 4. Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 m (29.5 ft.) above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from the adjacent lots. 2.13 RETAINING WALL 1. All retaining walls, screen walls and ornamental walls shall be constructed of durable material and shall be maintained in a structurally sound condition. Such maintenance includes: a) redesigning, repairing or replacing of all deteriorated,damaged, misaligned or missing portions of the wall and any railings or guards appurtenant thereto; b) installing subsoil drains where required to maintain the stability of the wall; c) grouting masonry cracks; and/or d) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather- resistant material. 2.14 WELLS -ciSTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION 1 . Every property shall be kept free of all unused excavations, empty in-ground pools. holes, enclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any property, and may constitute a health or safety hazard or exceed a depth of 60 em (24 inches), a fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.2 metres (3.9 feet) above the grade level at the perimeter of each of them. As per the requirement of the fence by-law. 2.15 ACCESSORY BUILDINGS 1 . The foundations, walls, roofs and all parts of accessory buildings and other structures appurtenant to the main building shall be: a) constructed with suitable materials; b) maintained in good repair; 11 PART3 EXTERIOR OF BUILDINGS AND STRUCTURES 3.01 STRUCTURAL ADEQUACY-CAPACITY 1. All repairs and maintenance of property required by the standards prescribed in this Bylaw shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose. 2. Every part of a property shall be maintained in good repair and in a structurally sound condition so as: a) to be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected; b) to be capable of safely accommodating all normal structural movements without damage, decay or deterioration; c) to prevent the entry of moisture that would contribute to damage, decay or deterioration; and d) to be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. 3.02 FOUNDATION WALLS-BASEMENTS 1. All foundation walls and the basement, cellar or crawl space floors shall be maintained in good repair and structurally sound. 2. Every basement, cellar and crawl space in a property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building. 3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY All exterior walls and surfaces of every building or structure shall be sound, plumb, and weathertight, free from loose or unsecured objects and maintained in good repair. 1. Exterior walls shall be in good repair free from cracked or broken masonry units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose stucco, loose or unsecured objects 2. Shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weathertight finishing, or the installation of termite shields, if required. 3. All exterior surfaces that have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 13 3.07 ROOF 1. Every roof and all of its components shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of this Section, such maintenance includes: a) removal of loose, unsecured or rusted objects or materials; b) removal of dangerous accumulations of snow or ice; c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water into the building; and d) keep all roof-related structures plumb unless specifically designed to be other than vertical. 3.08 EAVES TROUGH SYSTEM-METAL DUCTS-FLASHING 1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior ducts shall be properly secured free from loose or unsecured objects, free from obstructions and health hazards, weather-tight, free of holes and maintained in good repair. 2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be kept free from rust by application of a suitable protective material such as paint, and shall be renewed when necessary. 3. Roof drainage shall be discharged onto the ground at least 1 metre (39 inches) from the building or structure, when it is physically possible to do so, providing that it does not adversely affect adjacent properties, or cause erosion. 3.09 CHIMNEY FLUES 1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be constructed, installed and maintained as per the applicable codes and or standards. 2. Any fuel burning heating equipment used in a building shall be properly vented to the exterior by means of an approved smoke pipe, vent pipe or chimney. 3.10 GARAGE-CARPORT 1 . The construction between an attached or built-in garage or carport and a dwelling unit shall provide an effective barrier to gas and exhaust fumes. 2. Garages and carports shall be maintained in good repair and free from hazards. 15 4.04 STAIRS-HANDRAILS-GUARDS 1. Every stair, floor, landing, verandah, porch, deck, loading dock, balcony together with any guard, balustrade, railing, screen or other appurtenance attached thereto shall be maintained in good repair and in a safe and structurally sound condition. 2. Without restricting the generality of Section 4.04, such maintenance includes: a) Repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose, depressed, protruding or otherwise detective b) Repairing, replacing or supporting structural members that are decayed, damaged, weakened, loose or missing; and c) Providing, repairing or replacing balustrades, guards and railings. 3. A guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 4. Stairs. floors, landings, verandahs, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of a vacant or unoccupied building are exempt from the provisions of 4.04 if section 6.03 has been complied with. 4.05 ELEVATORS 1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilation fans shall be maintained in good repair and operational. a) All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and other elevating devices shall be installed and maintained in good working order and good repair; and in a sate condition. b) In accordance with the requirements of the Elevating Devices Act, as amended from time to time, and any regulations made there under. 4.06 MEANS OF EGRESS 1. Every building, structure or dwelling unit shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level as per the Ontario Building Code and Ontario Fire Code. 2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept free of ice and snow. 3. A required means of egress shall not pass through an attached or built-in garage or an enclosed part of another dwelling unit. 17 4. Wood stoves within a dwelling and any other property shall be maintained in accordance to Canadian Standards Association's standard -B 365-M. 5. All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 6. All a1r conditioners and air conditioning systems shall be maintained in good repair, free of conditions which may constitute a health, fire or safety hazard. 4.10 VENTILATION 1.Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and maintained in all rooms and spaces within a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon monoxide, vapours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 2. Ventilation systems shall be cleaned regularly and installed, used and maintained: a) in conformance with the requirements of the Building and Fire Codes; b) in good working condition and good repair; and c) in a safe condition 3. When an exterior opening is used or required for ventilation and is not required to be protected by a door, window or similar closure, it shall be protected with screens in accordance with this Bylaw. 4. An opening for natural ventilation may be omitted from a bathroom or toilet room where a system of mechanical ventilation has been provided. 5. Every basement, cellar, unheated crawl space and attic shall be vented and such vents shall be designed and maintained to prevent entry of snow, rain, rodents and insects. 4.11 ELECTRICAL 1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. An adequate supply of electrical power shall be available in all occupied parts of every dwelling, suite and building. 2. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers and other appurtenances thereto shall be installed and maintained in good working order, and in conformity with the regulations of electrical safety Authority designated under the Electricity Act. 3. Extension cords are not permitted on a permanent basis. 19 5. Replacement hot water heaters shall have a thermostatic mixing value limiting water temperature to a maximum of +49C (120 F). As per the Ontario Building Code. 4.15 SEWAGE SYSTEM 1. Sanitary sewage from any building shall be discharged into the municipal sanitary sewage system, or into a private sewage system approved under Part 8 of the Ontario Building Code, and not otherwise. 2. The land in the vicinity of a private sewage system shall be maintained in a condition that will not cause damage to, or impair the functioning of the sewage system. 4.16 VERMIN CONTROL 1. Every property shall be maintained so as to be free from vermin and conditions that may promote an infestation at all times. 2. Openings in buildings, cellars, soffits, facia, and crawl space shall be protected to prevent the entrance of wildlife, rodents, vermin, insects and pests. PARTS ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 1. A non-habitable room shall not be used as a habitable room. 2. No kitchen shall be used as a bedroom. 3. The minimum dimension of any habitable room shall be 2 metres (6.5 feet). 4. Height and size of rooms or spaces for the purpose of calculation shall comply with the regulations of the Ontario Building Code. 5. No basement or portion thereof shall be used as a dwelling unit, unless it meets the following requirements: a) access to each habitable room shall be gained without passage through a furnace room, boiler room or storage room; b) each habitable room shall comply with all the requirements for ingress, egress, c) light, ventilation and ceiling height set out in this Bylaw; d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water 21 4. Where a building remains vacant or unoccupied for a period of more than ninety days, the owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other danger to the property or adjoining premises. 6.03 DAMAGE BY FIRE-STORM-OTHER CAUSES 1. A building or portion thereof, damaged by fire or other causes, shall be restored to its original condition and repaired as may otherwise be required by this by-law or the building shall be demolished or the damag~d portion removed. 2. Without restricting the generality of Section 6.04.1 such repairs shall include: a) Abating any unsafe condition; and b) Refinishing so as to be in harmony with adjoining undamaged surfaces. 3. Where a building, accessory building, fence or other structure is demolished, the property shall be cleared of all rubbish, waste, refuse, masonry, lumber, wood, and other materials and left in a graded and leveled condition. 6.04 DEMOLISH BUILDING 1. Where a building, accessory building, fence or other structure is being demolished, every precaution shall be taken to protect the adjoining property and members of the public. The precautions to be taken include the erection of fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining property and members of the public. 2. The owner of any building or part thereof being demolished shall leave any rema1ning wall or walls (including any former party wall or walls, whether separately or jointly owned) structurally sound, weather tight, in a safe condition and in conformity with the standards in the Ontario Building Code. 7.01 GENERAL PART7 ADMINISTRATION AND ENFORCEMENT 1. This Bylaw shall apply to all property within the limits of the Town. 23 2. Right of Entry Subject to paragraph 3 while this by-law is in effect, an Officer and any person acting under his/her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property. 3. Entry into Dwelling Except under the authority of a search warrant issued under Section 158 of the Provincial Offences Act, an officer or any person acting under his instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 4. Orders An officer who finds that a property does not conform to any of the standards prescribed in this by-law may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. 5. Service and Posting of Order The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 6. Registration of Order The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 7.04(5) and, when the requirements of the order have been satisfied, the clerk of the Town shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 7.05 RECOVERY OF COSTS RELATIVE TO ORDER Where an owner or Occupant fails to comply with an Order issued under this by- law within the time stipulated in the Order the Corporation costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Corporation by the Property owner including disbursements and the set fees for Officer's services as per Schedule 'A'. 25 judge under section 7.07(1 ), as confirmed or modified by the judge, shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified within the order. 5. Certificate of Compliance Following the inspection of a property, the Officer may, or on the request of the owner shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this by-law. The fee payable for a certificate of compliance issued at the request of the owner shall be as set out in Schedule 'A' to this by-law. 6. Municipal Lein The fees and charges payable to the corporation pursuant to sections 7.04(4), 7.05, 7.06 and 7.07(6) of this By-law shall be a lien on the Property and shall be deemed to be municipal real property taxes and may be added by the clerk to the collector's roll and be collected in the same manner and with the same priorities as municipal real property taxes. PART 8-EMERGENCY POWERS 8.01 EMERGENCY ORDERS If, upon inspection of a building, an officer is satisfied that a building poses an immediate danger to the health or safety of any person, the Chief Building Official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.02 SERVICE The order shall be served on the owner of the property and each person apparently in possession of the building and such other persons affected thereby as the Chief Building Official determines and a copy shall be posted on the building. 8.03 EMERGENCY POWERS 1. After making an order under section 8.01, the Chief Building Official may, either before or after the order is served, take any measures necessary to terminate the danger, and, for this purpose, the Chief Building Official, an officer and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 27 PART 9-OFFENCES 9.01 FINES Any person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $100,000, for a first offence and $200,000, for a subsequent offence. PART 10-REPEAL AND EFFECTIVE DATE 11.01 REPEAL AND EFFECTIVE DATE 1. Town of Tillsonburg By-Laws 2705 and 2806 are hereby repealed. 2. This by-law comes into force on the date of passing. PART11-SCHEDULES 13.01 SCHEDULES The attached Schedule "A" form part of this By-law. READ A FIRST TIME AND SECOND TIME THIS gth day of July, 2012. READ A THIRD AND FINAL TIME AND PASSED this 131h day of August, 2012. Mayor -John Lessif Clerk -Donna Wilson 29 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3630 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 9th day of July, 2012 WHEREAS SectionS (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg 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 Special meeting and regular meeting held on July gh, 2012, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal ofThe Corporation of the Town of Tillson burg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 9th DAY OF JULY, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF JULY, 2012. MAYOR-John Lessif CLERK -Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: July 9, 2012 RESOLUTION NO.: 1 RESOLVE THAT the Agenda as prepared or the Open Session of the Council Meeting of July 9, 2012, be adopted. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: July 9, 2012 RESOLUTION NO.: 2 MOVED BY: RESOLVE THAT Town Council move into Closed Session, to consider matters relating to: Matters for the purpose of education or training the members, Matters relating to the security of the property of the municipality, Matters relating to personal matters about an identifiable individual -including Municipal employees. ~.""/!',; Carried ~ D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: July 9, 2012 RESOLUTION NO · 3 MOVED BY: RESOLVE THAT the Minutes of the Open Council Meeting of June 25, 2012, be approved. // d Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---'1=----Date: July 9, 2012 RESOLVE THAT the Town ofTillsonburg Committee of Adjustment approve Application File A 05/12 subject to the following conditions: i) A building permit for the proposed 'lean-to' accessory building shall be issued within one year of the date of the Committee's decision. ii) Minor Variance approval is granted only for a 'lean-to' accessory building that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No. 2012-172. iii) Notwithstanding any provision contained in By-law 3295, the maximum projection of an eave or gutter attached to the accessory building as described in Report No. 2012-172 shall be 0.16 m {0.5 ft) and the minimum setback between an eave or gutter and a lot line shall be 0.4 m {1.3 ft). 0carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -=-2 _ Date: July 9, 2012 RESOLUTION NO.: 5 MOVED BY: -~--+-...L....J~y=.=-..: ____ _ SECONDED BY: $'\$_ -- RESOLVE THAT the Town of Tillsonburg Committee of Adjustment approve Application File A 06/12 subject to the following conditions: i) A building permit(s) for the proposed open storage buildings shall be issued within one year of the date of the Committee's decision. ii) Minor Variance approval is granted only for two open storage buildings that are substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No. 2012-173. Q /carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ____.:3:::....___ RESOLUTION ~ MOVED BY: -· f/ YrYu_ SECONDED BY: _ __.:©~~:;:· ::::t:=======---- Date: July 9, 2012 RESOLVE THAT the Town of Tillson burg Committee of Adjustment approve Application File A 07/12 subject to the following conditions: i) A building permit for the proposed attached double car garage shall be issued within one year of the date of the Committee's decision; ii) Minor Variance approval is granted only for a double car attached garage that is substantially and proportionally in compliance with the applicant's sketch shown as Plate 3 of Report No 2012-174 . ....-- 0carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 12 Date: July 9, 2012 RESOLUTION NO.: 7 MOVED BY: ~ 4------ SECONDED BY: ------E:::z;l?_:::>"""'---=----~···· RESOLVE THAT Council receives CA012-12 Library Information Update for information purposes; FURTHER RESOLVE THAT Council formally approve the continuation of a local library service delivery model. D Carried Recorded Vote ~ated D Deferred D Tabled _____f//Mavor' s Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: July 9, 2012. RESOLUTION NO.: MOVED BY: SECONDED BY: {}_l{vtP-fL -<; c.!lirr i-- AND RESOLVED THAT Council! support the Oxford County Library System. ~Carried D Defeated D Deferred D Tabled ; J: Recorded , Recorded Vote -----~Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: 13 RESOLUTION ~ .. MOVED BY: ( _1/ j/ (}1( SECONDEDBY: ~~~.~~~,----~~=---------- Date: July 9, 2012 RESOLVE THAT Council receive report DCS 12-42-Property Standards By-Law; FURTHER RESOLVE THAT Council adopt the recommendations contained therein. ~arried D Recorded Vote D Defeated D Deferred D Tabled A Mayors Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 14 RESOLUTION NO.:, ~~ ~ MOVED BY: b ---------===--- SECONDED BY: t--- Date: July 9, 2012 ~- RESOLVE THAT Council receive report DCS 12-39 Town Owned Lands, as information; FURTHER RESOLVE that Council adopt the recommendations contained therein. c{carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 15 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive report DCS 12-36-Amendment to Land Leases for Airport Hangar; FURTHER RESOLVE THAT Council approve amendments to the land lease agreements with Larry & Caryle Anger, David & Anita Hilner, and Harvey & Jill Roddick; AND FURTHER RESOLVE THAT by-laws be brought forward in this regard. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 16 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive report DCS 12-43-Amendment to Land Lease for Airport Hangar (Lee); FURTHER RESOLVE THAT Council approve the amendment to the land lease agreement with Rick Lee and Geoff Lee; AND FURTHER RESOLVE THAT a by-law be brought forward in this regard. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: July 9, 2012 RESOLUTION NO.: 12 MOVED BY: RESOLVE THAT Council receive report DCS 12-35 Community Marketing Plans as information only. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 18 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Executive Summary Report PRS 12-01 as information;-{ FURTHER RESOLVE THAT By-Law 3628 to govern the operation of municipal cemeteries, be brought forward for Council consideration for three readings. ~Carried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 19 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive report PRS 12-14 Energy Management of Municipal Facilities for information only. ~ed D Recorded Vote D Defeated D Deferred D Tabled Q~-Mayor's Initials COUNCIL RESOLUTION •) 0 AGENDA ITEM NO.: _1..... __ / RESOLUTION NO.: --ll~!.)n-=---k_ MOVEDBY: -+4n¥+,-~~~~~~~~~----- SECONDED BY: ('/ ,12;1r~-r-- Date: July 9, 2012. RESOLVE THAT Council receive the Nominations for the Queen's Diamond Jubilee Medal Program; FURTHER RESOLVE THAT Council nominate Bill & Marion Pratt and Ester Parkhill for the 2012 Queen's Diamond Jubilee Medal for the Town of Tillsonburg; AND FURTHER RESOLVE THAT the Queen's Diamond Jubilee Medal be presented at a future open Council meeting if one of the nominees is awarded the medal by the Government of Canada. &:ied D Recorded Vote D Defeated D Deferred D Tabled ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 21 Date: July 9, 2012 RESOLUTION NO.: 16 RESOLVE THAT By-Law 3625, 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 .. ~arried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 22 Date: July 9, 2012 RESOLUTION NO.: 17 MOVED BY: SECONDEDBY: ----~~--=-L---=~--~~----_-_-_-_-__ _ RESOLVE THAT By-Law 3627, 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. D Carried Recorded Vote D Defeated D Deferred D Tabled ¥-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 23 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3628, to Govern the Operation of Municipal Cemeteries, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3628, 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. c;z( Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: July 9, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3629, To Appoint a By-law Enforcement Officer, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3629, 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. dcarried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: July 9, 2012 20 ff ···--::~::::BY• ----~-:_r __ . ___ .....---__ RESOLUTION NO.: RESOLVE THAT By-Law 3631, To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3631, 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. D Carried Recorded Vote D Defeated D Deferred D Tabled ----h..-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 26 Date: July 9, 2012 RESOLUTION NO.: 21 MOVED BY: RESOLVE THAT By-Law 3632, To Authorize an Agreement with J.H. Roddick and Jill Y. Roddick, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3632, 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. rtJ Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 27 Date: July 9, 2012 RESOLUl~.~,O.: MOVED BY: RESOLVE THAT By-Law 3633, To Authorize an Agreement with J. Larry Anger & Caryle Anne Anger, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3633, 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 D Recorded Vote D Defeated D Deferred D Tabled ----1{JL Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 28 Date: July 9, 2012 RESOLUTION NO.: 23 MOVED BY: RESOLVE THAT By-Law 3634, To Authorize an Agreement with David Hilner and Anita Hilner, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3634, 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. c{'carried D Recorded Vote D Defeated D Deferred D Tabled ¥--Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 29 Date: July 9, 2012 RESOLUTION NO.: 24 MOVED BY: RESOLVE THAT By-Law 3635, To Authorize an Agreement with Rick Lee and Geoff Lee, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3635, 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. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 30 Date: July 9, 2012 RESOLUTION NO.: 25 MOVED BY: RESOLVE THAT By-Law 3636, To Authorize an Agreement with R. Paul Weber and Hendrika K.Weber, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3636, 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. [1'carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 31 Date: July 9, 2012 RESOLUTION NO.: 26 MOVED BY: RESOLVE THAT By-Law 3637, To Authorize an Agreement with R. Paul Weber and Hendrika K.Weber, be read for a first and second time and this constitutes the first and second reading thereof. Varried D Recorded Vote D Defeated D Deferred D Tabled _ _..::..~_'Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: 32 RESOLUTION NO.: 27 MOVED BY: @carried D Recorded Vote D Defeated Date: July 9, 2012 / D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 33 Date: July 9, 2012 RESOLUTION NO.: 28~ MOVED BY: SECONDED BY: ___ fL>~.l.-~-=======./:::::_ RESOLVE THAT By-Law 3630, To Confirm the Proceedings ofthe Council Meeting of July 9, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3630, 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. c/carried D Recorded Vote D Defeated D Deferred D Tabled -Jfu--Mayor's Initials Township of Wellington North P.O. Box 125 • 7490 Sideroad 7 W • Kenilworth • ON • NOG 2EO June 12, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Attention: Donna Wilson, Clerk Re: Council Resolution -MTO Connecting Link Funding Dear Ms. Wilson: At the regular meeting of Council held on June 11, 2012 your above noted correspondence was reviewed by Council and the following resolution was passed: "THAT the Council of the Corporation of the Township of Wellington North support the resolution of the Town of Tillsonburg regarding MTO Connecting Link Funding." If you have any questions or require further information, please do not hesitate in contacting me. LH/cc Yours truly, / ~~L._-Q_ (Mrs.) L. Heinbuch A.M.C.T., C.M.C., C.E.M.C., Chief Administrative Officer/Clerk Tel 5 I 9-848-3620 Toll Free 1-866-848-3620 Fax 519-848-3228 www.wellington-north.com township@wellington-noiih.com CORPORATE SERVICES DEPARTMENT TELEPHONE 613-968-6481 FAX 613-967-3206 June 14, 2012 (t[ttp of JJ9ellebtlte The Honourable Dalton McGuinty Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Dear Premier McGuinty: RE: MTO Connecting Link Funding 8.c.2.a, Belleville City Council Meeting, June 11, 2012 169 FRONT STREET BELLEVILLE, ONTARIO K8N 2Y8 This is to advise you that at the Council Meeting of June 11 , 2012, the following resolution was approved . ''THAT Belleville City Council supports the following resolution of The Corporation of the Town of Tillson burg : RESOLVED THAT the Town of Tillsonburg advise the MTO of our disappointment regarding the lack of connecting link funding ; FURTHER RESOLVED THAT the resolution be forwarded to area MPP's, other Municipalities affected by the connecting link, the Premier, Opposition Leaders and AMO." Thank you for your attention to this matter. JCO/nh Pc: AMO Todd Smith, MPP Prince Edward-Hastings Yo~:V~U---- a~. Oram, CMO Director of Corporate Services/City Clerk Tim Hudak, MPP, Leader of the Official Opposition Donna Wilson, Clerk, Town of Tillsonburg ~!t:f!!fi?t:cl Dramatically Different/ Donna Wilson Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 TILLSONBURG, ON N4G 5A7 Dear Ms. Wilson: Re: MTO Connecting Link Funding June 18, 2012 Corporate Services Department Clerk's Office CITY of STRATFORD City Hall, P.O. Box 818 Stratford ON N5A 6W1 519-271 -0250 Ext. 237 Fax: 519-273-5041 TTY: 519-271 -5241 www.city.stratford.on.ca We acknowledge receipt of your resolution regarding the above-noted matter. The said resolution was provided to Council for their information as part of the June 11, 2012 Council Meeting Consent Agenda (CA-2012-54). City Council adopted the following resolution: "That the City of Stratford endorse the Town of Tillsonburg's resolution to advise the MTO of municipal disappointment regarding the lack of connecting link funding." /ja c: Gary Schellenberger, MP Randy Pettapiece, MPP Sincerely, Charlene Lavigne Deputy Clerk ) Larry J, McCabe, B.A., A.M.C.T. June 19, 2012 Town ofTillsonburg Attention: Donna Wilson 200 Broadway, 211ct Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson, RE: Request for Support of Resolution Please be advised ofthe following motion passed at the June 11, 2012 regular meeting of Council; Moved by Deputy Mayor Grace Seconded by Councillor Yates That Council support the resolution from the Corporation of the Town ofTillsonburg, dated May 23 , 2012 regarding MTO Connecting Link Funding. Clerk-Administrator CARRIED~ Yours truly, LJM/afl Town Hall 57 West Street Goderich, Ontario Canada N7 A 2K5 6 GOD ERICH Canada's prettiest town Tel: 519-524-8344 Fax: 519-524-7209 lmccabe@ goderich.ca www.goderich.ca JUN-22-2012 FRI 12:07 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 Will Moore1 CAO/Clerk (;race Nayler1 Treasurer/Asst. CtO Clerk 516857 Highway 6, RR 1 Chatsworth, Ontario NOH JGO Telephone Sl9-794-3232 · FaxS19·794-4499 Fax Cover Sheet Date' Qurje 22, 2.01 Z. To: J)oNUA W 1 1-~o.J Fax No: /-5Jq .. 'l'IZ· q43 ·I Number of Pages :Inc~udinq Cove~ She.et: ~ P. 01 JUN-22-2012 FRI 12:07 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 P. 02 . Township of Chatsworth Date June 20, 2012 Be it resolved that the Council of the Township of Chatsworth support the resolution by the Town of Tillsonburg advising MTO of their disappointment regarding the lack of connecting link funding /' ~?· The Corporation of the Town of Thessalon ! .... 0. Box220 187 Main Street Thessalon, Ontario POR 1LO Fax: (705) 842-2572 Website: www.townthessalon.ca Phone: (705) 842-2217 Email: townthess@ bellnet.ca Mayor: D. BRENT RANKIN June 20, 2012 The Honourable Bob Chiarelli Minister of Transportation 3rct Floor, Ferguson Block 77 Wellesley Street West Toronto, ON M7A 1Z8 Dear Minister Chiarelli: Clerk: ROBERT P. MacLEAN At the June 18, 2012 regular meeting of the Council of the Town of Thessalon, the following resolution was passed: "Be it resolved that the Council of the Town ofThessalon endorses the resolution passed by the Council of the Town of Tillsonburg advising the MTO of their disappointment regarding the lack of connecting link funding." CARRIED Thank you for giving this matter your attention. Sincerely, Robert P. MacLean Clerk-Treasurer RPM/pw cc: Town ofTillsonburg ( G:\Agendas-Council2012\June 18, ZOIZ.wpd Corporation of the Town of de Ia ville de Kapuskasing Ms. Donna Wilson, Clerk, Development and Communication Services, Town of Tillsonburg, 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson : June 20, 2012 88 Riverside Drive Kapuskasing, Ont. P5N 183 Tel: (705) 335-2341 Fax: (705) 337-17 41 This will acknowledge copy of the letter from the Town of Tillsonburg for resolution support to petition the Ministry of Transportation regarding the lack of Connecting Link funding. Kindly be advised that Kapuskasing Council concurred with th e recommendation to support the resolution at its meeting held June 18, 2012. I trust this meets with your approval. Yours truly, ~~?zv__ BARBARA MAJOR, A.M.C.T. Clerk-Coordinator ) June 20, 2012 Ms. Donna Wilson, Clerk Town of Tillsonburg B 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Thank you for your correspondence to the City of Brantford dated May 23, 2012 respecting a Resolution approved by the Council of the Town of Tillsonburg advising the Ministry of Transportation of Ontario your disappointment in the lack of connecting link funding . Please be advised that Brantford City Council at its meeting June 18, 2012 received this item as part of the Clerk's Report on Communications (CS2012- 077). Sincerely, Lori Wolfe City Clerk CITY CLERK'S OFFICE City Hall, 100 Wellington Square, Brantford, ON N3T 2M3 P.O. Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca 206 Toronto Street South, Unit 1, P.O. Box 409, Markdale, ON NOC 1HO Telephone: 519-986-2811 ~Fax: 519-986-3643 GreY, Hignlands Toll Free: 1-888-342-4059 June 27, 2012 HonK. Wynne Minister of Transportation 77 Wellesley St. W. Ferguson Block, 3rd floor Toronto ON M7A 1Z8 Honourable Minister: Email: info@greyhighlands.ca www. greyhighlands. ca At the meeting of June 25, 2012 Council supported a resolution of the Town of Tillson burg regarding the Ministry of Transportation's lack of connecting link funding. Council requested by Resolution that this support be forwarded to the Minister of Transportation and the Province of Ontario. A copy of the resolution from the Town of Tillson burg is attached for your reference. Yours truly, Debbie Robertson, AMCT Clerk & Director of Corporate Services 'Dedicated to our Community' c: /Clerk, Town of Tillsonburg D. McGuinty Premier, Province of Ontario Larry Miller MP Bill Walker fv1PP The Corporation of Loyalist Township P.O. Box 70, 263 Main Street, Tel: 613-386-7351 Fax: 613-386-3833 www.loyalist.ca dessa, Ontario ,....COH 2HO June 28, 2012 The Corporation of the Town of Tillson burg 200 Broadway, 2nd Floor Tillsonburg, ON N4G SA7 Attention: Donna Wilson, Clerk Dear Ms Wilson: RE: MTO Connecting Link Funding File: C10-Motions & Resolutions -Letters from Council Please be advised that Loyalist Township Council, at a regular meeting held on June 25, 2012, received and supported correspondence from The Corporation of the Town of Tillsonburg, dated May 23, 2012, regarding MTO Connecting Link Funding. I trust this is the information you require. We will leave it with you to forward this letter of support to the appropriate agencies and/or ministries. Yours very truly, ~~J ~Ub~ Cl 0/ Brenda J. Hamilton, CMO t) Director of Administrative Services BJH/aka cc: Randy Hillier, MPP-Lanark, Frontenac, Lennox and Addington MAR-5 2012 Office of the City Clerk February 24, 2012 To all Ontario municipalities with any of hospitals, post secondary institutions or provincial correctional institutions: Dear Sir/Madam: RE: CITY COUNCIL MEETING -CITY OF KINGSTON SUPPORT FOR INCREASE IN PROVINCIAL PAYMENT-IN-LIEU OF TAXES-FEBRRUARY 21,2012 I would confirm that Kingston City Council at its regular meeting held on February 215\ 2012, approved the following resolution, being Clause 1., New Motions: 1) Moved Councillor Glover Seconded Councillor Schell WHEREAS in 1970 the rate of provincial payments in lieu of taxes for universities was arbitrarily set at $25 per full time student; and WHEREAS in 1973 that was doubled to $50 per student and the payment was expanded to include hospitals and provincial correctional institutions; and WHEREAS in 1987 that rate was increased by 50%, still without apparent justification, to $7 5 per student and bed; and WHEREAS that rate has remained constant since that time despite the fact that inflation would in 2012 require an almost doubling the payment ($146); and WHEREAS at least sixty-five communities have called for an increase in payments; and WHEREAS heads of universities are supporting that call; and WHEREAS Premier McGuinty has looked to the municipalities of the province to be the economic engine of Ontario; and WHEREAS the payments in lieu of taxes do not meet the actual costs of municipalities to provide the necessary services for the various institutions, thus placing an unfair tax burden on their property tax payers, thereby jeopardizing a municipality's ability to meet infrastructure demands, and consequently weakening their ability to act as economic engines; The Corporation of the City of Kingston 216 Ontario Street, Kingston, ON K7L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityofkingston.ca THEREFORE BE IT RESOLVED THAT the City of Kingston calls on the government of the Province of Ontario to include in the budget now being prepared an increase to the payments in lieu of taxes; and THAT the City of Kingston calls on the Province of Ontario to meet with the host municipalities for the purpose of reviewing the basis for payments in lieu of taxes, and determining a stable foundation going forward for those payments that meets associated costs prior to the 2013 budget cycle; and THAT copies of this motion be sent to: the Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; the Honourable John Gerretsen, MPP for Kingston and Islands; all Ontario municipalities with any of hospitals, post secondary institutions or provincial correctional institutions; the Large Urban Mayors Caucus of Ontario (LUMCO); the Eastern Ontario Mayors Committee (EOMC), and the Association of Municipalities of ~~0~. . CARRIED UNANIMOUSLY Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. /ja File No. The Corporation of the City of Kingston 216 Ontario Street, Kingston, ON K?L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityofkingston.ca CITY OF PORT COLBORNE - PORT COLBORNE COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION May 31,2012 Donna Wilson, Clerk Development & Commnication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg , Ontario N4G 5A7 Dear Donna Wilson: RE: Provincial Payment-in-lieu of Taxes Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8 www.portcolborne.ca lease be advised that, at its meeting of May 28, 2012, the Council of The Corporation of the City of Port Colborne resolved as follows: That the resolution received from the Town of Tillsonburg Re Provincial Payment-in-lieu of Taxes, be received for information; and That the Town of Tillson burg be advised that at its meeting of March 26, 2012 Council supported the resolution received from the City of Kingston Re Provincial Payment-in-lieu of Taxes. Please find attached copy of the City of Port Col borne's correspondence to the City of Kingston, supporting this resolution. Sincerely, ·~ City Clerk Encl. Telephone: 905-835-2900 E-mail: ashleygrigg@portcolborne.ca Fax: 905-834-5746 C'!u -~ I CITY OF PORT COLBORNE .. PORT COLBORNE COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION April 16, 2012 John Bolognone, City Clerk The Corporation of the City of Kingston 216 Ontario Street Kingston, Ontario K7L 2Z3 Dear John Bolognone: Re: Support for Increase in Provincial Payment-In-lieu of Taxes Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8 www.portcolborne.ca Please be advised that, at its meeting of March 26, 2012, the Council of The Corporation of the City ff Port Colborne resolved as follows: I That the Council of The Corporation of the City of Port Col borne support the resolution of the City of Kingston calling on the government of the Province of Ontario to include in the budget now being prepared an increase to the payments in lieu of taxes. Sincerely, Ashley Gri City Clerk Telephone: 905-835-2900 E-mail: ashleygrigg@portcolborne.ca Fax: 905-834-57 46 R.E.F. Eddy, Mayor Paul Emerson, C.A.O. Telephone 519-449-2451 Fax 519-449-2454 E-mail brant@brant.ca B COUNTY~ lUI I I Simply Grand Web Site http://www.brant.ca Ms. Donna Wilson, Clerk Town of Tillsonburg . 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: June 19, 2012 County Administration Building 26 Park Ave. Burford, ON Mailing Address: P.O. Box 160 Burford, ON NOE 1AO At their meeting held on May 7, 2012 the Corporate Development Committee of Brant County Council considered the Town of Tillsonburg's resolution requesting the Province to review the basis for payments in lieu of taxes so that they meet municipalities' costs. The Committee received and filed your letter. Yours truly, 8o~0 ~ Jayne Carman Clerk County of Brant rJ1 ~ l)_ai~ ~ £0'0\~~~ -TOWNSH I P OF - North Dundas June 25, 2012 The Corporation of the Township of Tillson burg 200 Broadway, Tillsonburg, Ontario N4G 5A7 Attention: Donna Wilson, Clerk RECEIVED JUN 2 8 201Z RE: Council Resolution -Provincial Payment-in-lieu of Taxes In response to your communication regarding the above matter, enclosed is a copy of Resolution #22, which was passed by the Council of the Township of North Dundas at the regular meeting of June 12, 2012. Thank-you for corresponding with Council. Yours truly, Jo-Anne McCaslin Clerk Township of North Dundas Encl. P. 0. Box 489, 636 St. Lawrence Street, Winchester, Ontari o KOC 2KO Te l. (613) 774-2105 Fax (613) 774-5699 ///// JHE ~PORATION OF THE T(~'NSHIP OF NORTH DUNDAS /~-~ 4~c . ~ SESSION: June 12/12 -~ ~'"--1"''~;"\c · RESOLUTION NO.( .?lil ) :J MOVED BY: SECONDED BY: THAT Council .Su,Dr:c.,,-1 a Resolution from the Corporation of the Town of Tillson burg dated April 23, 2012 Re: Provincial PaymJ~t-in-lieu of Taxes. DIVISION FOR AGAINST VOTE DECLARATION CONFLICT OF INTEREST CARRIED ri' 0 I~ /t"' ' / v -' 1 I · Lf,( · DEFEATED 0 SIGNATURE: PRESIDING OFFICER (a) DISCLOSED HIS (THEIR) HER INTEREST(S). (b) VACATED HIS (THEIR) HER SEAT. DEFERRED 0 (c) ABSTAINED FROM DISCUSSION AND DID NOT VOTE ON THIS QUESTION Oe~ ----------------------------------- TOWN OF TILLSON BURG Public Meeting for the Council Meeting of July 9, 2012 Record of Attendance Page 1 Notice of Collection Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. \ j The Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M?A 1A1 August 14, 2012 Ms. Donna Wilson Le Premier ministre de I 'Ontario Edifice de I'Assemblee legislative Queen's Park Toronto (Ontario) M7A 1A1 Clerk, Development and Communication Services Town of Tillson burg 204-200 Broadway Tillsonburg, Ontario N4G SA7 Dear Ms. Wilson: Thank you for your letter of July 18 informing me of council's resolution regarding nominations for the Queen Elizabeth II Diamond Jubilee Medal. I have noted council's views. As members of council may know, the Chancellery of Honours, which is part of the Office of the Secretary to the Governor General, administers the Queen Elizabeth II Diamond Jubilee Medal program. To ensure that a variety of fields of activity are recognized, the chancellery has provided designated partner organizations with an allocation of medals. Partners in the program include Members of Parliament, senators and provincial governments. Unfortunately, the nomination period for Ontario has closed. However, council may wish to contact the local MP or senator, as they may have their own nomination timeline. Council may also wish to consider approaching one of the non-governmental partners listed on the Governor General's website at www.gg.cajdocument.aspx?id=14300. Thanks once again for informing me of council's views. Yours truly, Dalton McGuinty Premier