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120813 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday August 1a 2012 6:00PM Council Chambers Chair: John Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MlNUTES . . townofTiii$90burg :Meeting for the pommittee "Qpen'.Gouf'loil" · ... · .. ··.· .· .... ··· ..... ·· . · .. · .on.· .. ? .· ... ·· .. ·.·.· · .. · .... ··.· ... ··.····.···• ;Monday.AUQIJSt•·tl, a01;·~·Q6:~0\PM · Ooumcn Cnam~~rs ·· · · ·· · Chair: John .Lessif CALL TO ORDER The meeting was called to order at 6:08 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 Steve Lund, Director of Operations 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 RESOLVED THAT the Agenda as prepared for the Open Session of the Council Meeting of August 13, 2012, be adopted. "Carried" CLOSED MEETING SESSION Resolution No. 2: 14 Page 1 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council move into Closed Session, to consider matters relating to: Matters relating to personal matters about an identifiable individual -including Municipal employees, Matters relating to the security of the property of the municipality, Matters for the purpose of education or training the members. "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 July 9, 2012 [JI Resolution No. 3: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT the Minutes of the Open Council Meeting of July 9, 2012, be approved. "Carried" DELEGATIONS 1. Stonebridge Community Services -Pickle Ball I) Presented By: Angela Newson & Abby Mallot Abby Mallot appeared before Council and reviewed the proposal to erect pickle ball courts in Tillsonburg. The group is requesting outdoor paved space in Tillsonburg to be used as a pickle ball court. The group is to contact the Director of Parks & Recreation Services and the Parks & Recreation Committee to discuss possible locations. 2. Memorial Park Revitalization Grant for the Community Infrastructure Improvement Fund (CIIF) bJ1 Presented By: Acting Director of Parks and Recreation Acting Director of Parks & Recreation Services went over the scope of the proposal. The Manager of Parks & Facilities went over the proposed sketch of the memorial park lands. Council suggest that once the grant application has been received, the numbers will be reviewed .. This item will be brought forward during the budget discussions. 3. Lake Lisgar Revitalization Project CJ Presented By: John Glass and Joan Weston Mr. John Glass & Ms. Joan Weston appeared before council and went over their proposal and requested a resolution be brought before council to support this initiative. This project does not remedy all the issues with the Lake The group is proposing to work with the Town to put together this proposal., Page2 MINUTES: Meeting for the Committee "Open Council" PUBLIC MEETINGS 4. Application for Zoning By-Law Amendment ZN 7-12-04. Goodwill Industries Ontario Great Lakes. 79 Simcoe Street ~ Presented By: Presented By: County of Oxford Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and commented with respect to County Report 2012-198. 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 Council approve the Zoning By-Law amendment ZN 7-12-04, submitted by Goodwill Industries Ontario Great Lakes, to rezone the subject lands from 'Service Commercial Zone (SC)' to 'Special Service Commercial (SC-Special) SC-13 , as detailed in the 'Recommendations' contained in County of Oxford Report 2012-198; FURTHER RESOLVE THAT By-Law 3642, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration for first and second reading. "Carried" 5. Committee of Adjustment A-08/12. Ql Presented By: Development Planner, County of Oxford Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the Town ofTillsonburg Committee of Adjustment defer Application File A 08/12, submitted by Jules & Diane Poszgai for lands described as Part Lot 1469, Plan 500, designated as Part 2 on Reference Plan 41R-6803 in the Town ofTillsonburg to the September 10, 2012 meeting for the following reason: To ensure that proper public notice is given in accordance with the Planning Act. "Carried" INFORMATION ITEMS 6. Proposed Oxford County Source Protection Plan (SPPl Policies.-Report C-4 2012-182, July 11/12 [:J 7. Royal Canadian Legion Thank You Letter ~ 8. Responses to the May 14th Council Resolution -MTO Connecting Link Funding ~ 9. Responses to the June 25th Council Resolution-Business Tax Capping Reform CJ 10. Responses to July 9th Report DCS 12-39 Marketable Town Owned Lands CJ 11. CAA's School Safety Patrol (SSP) Program [j Page 3 MINUTES: Meeting for the Committee "Open Council" 12. Community Infrastructure Improvement Fund (CIIF) CJ 13. Solar Power Network (SPN) Solar Power Network-Tillsonburg.pdf Draft_Resolution OPA.pdf 14. Proposed Oxford County Source Protection Plan (SPP) Policies-Report C-4 2012-210 August 8/12 -m 2012-21 O_Draft-SPP-Policies.pdf QUARTERLY REPORTS 15. CAO 12-16,2012 Second Quarter Year in Review 1JJ Presented By: CAO Resolution No. 6: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT Council receives CAO 12-16, 2012 Second Quarter Year in Review as information. "Carried" 16. FIN 12-33, 2012 Second Quarter Financial Results CJ Presented By: Director of Finance Resolution No. 7: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT Council receives FIN 12-33, 2012 Second Quarter Financial Results as information. "Carried" 17. FIN 12-34, 2012 Second Quarter Finance Department [}I Presented By: Director of Finance Resolution No. 8: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives FIN 12-34, 2012 Second Quarter Finance Department report as information. "Carried" 18. DCS 12-49, 2012 Second Quarter Development and Communication Services Report 621 Presented By: Director of Development and Communication Services Resolution No. 9: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives DCS 12-49, 2012 Second Quarter Development and Communication Services report as information. "Carried" Staff to provide a statistical report with respect to economic development within the 2012 Page4 MINUTES: Meeting for the Committee "Open Council" business plan process. 19. OPS 12-12. 2012 Second Quarter Operations Services Report [J Presented By: Director of Operations Resolution No. 10: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives OPS 12-12, 2012 Second Quarter Operations Services report as information. "Carried" 20. PRS 12-15, 2012 Second Quarter Parks & Recreation Report CJ Presented By: Acting Director of Parks And Recreation Resolution No. 11: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives PRS 12-15, 2012 Second Quarter Parks and Recreation report as information. "Carried" 21. FIR 12-02,2012 Second Quarter Fire Service Report ~ Presented By: Fire Chief Resolution No. 12: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receives FIR 12-02, 2012 Second Quarter Fire Services report as information. "Carried" CHIEF ADMINISTRATIVE OFFICER 22. Tillsonburg Public Library ~ Presented By: CAO NR TPL joins OCL systems 20120808.pdf Resolution No. 13: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council receive the correspondence from the Tillson burg Library Board, regarding the resolution that they will cease operations as a Library Board effective December 31, 2012, as information; FURTHER RESOLVE THAT Council accept the resignations of the Library Board Members, namely, Marguerite (Peg) Hogarth, James E. Jakes, Robert Marsden, and Richard Saxby effective December 31, 2012; AND FURTHER RESOLVE THAT Council accept the resignations of Barb McKinnon, Catherine Burke, and Cass Dagg-Murphy effective immediately. "Carried" 23. CAO 12-17 Library Presented By: CAO Page 5 MINUTES: Meeting for the Committee "Open Council" -m CA012-17 Library Transition Report. pdf Resolution No 14: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT Council receives CAO 12-17 for information purposes; FURTHER RESOLVE THAT By-Law 3641, to enact an agreement with the County of Oxford to join the County Library Service, be brought forward for Council consideration. "Carried" 24. CAO 12-14 Town Owned Parkland ~ Presented By: CAO Resolution No. 15: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receives CAO 12-14 Town Owned Parkland for information purposes. "Carried" Resolution No. 16: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND FURTHER RESOLVED THAT staff begin the planning process to rezone one (1) lot on the south side of the Glendale Park (Property 19) with frontage on Allen Street. Recorded Vote: NAME VOTE IN FAVOUR VOTE AGAINST Beres, Dave NO Getty, Mel NO Klein, Marty NO Lessif, John NO Stephenson, Brian NO Renaud, Mark NO Rosehart, Chris NO The recorded vote reflects the vote is seven against the Motion and none in favour of the Motion. The motion is "Defeated" Page 6 MINUTES: Meeting for the Committee "Open Council" Staff to bring back a report at the Sept 1Oth council meeting regarding the future sale of park lands. Resolution: Moved by: Councillor Getty Seconded By: Councillor Klein AND RESOLVED THAT Staff review the list of Town Owned Land listed in CAO 12-14 and reassess the marketable viability of each parcel. "Carried" 25. CAO 12-13 Special Event Centre Hydro Drops Cj Presented By: CAO Resolution No. 17: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives CAO 12-13 Special Event Centre Hydro Drops for information purposes; FURTHER RESOLVE THAT Council endorse payment of $5,000 to the Kiwanis Club for the purchase of 100 hydro drops installed prior to 2003 to be funded from the sale proceeds. "Carried" 26. CAO 12-15 The Bridges Golf Course ~ Presented By: CAO Resolution No. 18: Moved By: Councillor Getty Seconded By: Councillor Rose hart AND RESOLVED THAT Council receive CAO 12-15 The Bridges Golf Course Lands for information purposes; FURTHER RESOLVE THAT By-Law 3644, To Authorize an Agreement Between the Corporation of the Town of Tillson burg and the Tillson burg Golf and Country Club Limited, be brought forward for Council consideration for a first and second reading. "Carried" 27. Community Infrastructure Improvement Fund (CIIF) Resolutions [;] Presented By: CAO Resolution No. 19: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council support the Town submitting a project for the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF) for the Memorial Park Revitalization Project. "Carried" Resolution No. 20: Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council instruct the CAO to complete a letter of partnership support for the Lake Lisgar Revitalization Phase Ill project submission to the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF). "Carried" Page 7 MINUTES: Meeting for the Committee "Open Council" Resolution No. 21: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council support the County of Oxford application for a grant under the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF) for the enhancement of the building known as the Tillsonburg Public Library. "Carried" FINANCE 28. FIN 12-31 Executive Summary to By-Law 3639 [j Presented By: Director of Finance Resolution No. 22: Moved By: Councillor Klein Seconded By: Councillor AND RESOLVED THAT Council receive FIN 12-31 Executive Summary to By-Law 3639; FURTHER RESOLVE THAT By-Law 3639 to define Municipal Trust Funds and to Appoint Trustees to those Trusts, be brought forward for Council consideration for three readings; AND FURTHER RESOLVE THAT any decision regarding the use of funds from the Ross Allen Estate Trust be deferred to the next meeting. "Carried" Staff to contact Ross Allen's daughter to discuss the change of the funds disbursement. 29. FIN 12-32 Reserve Contributions Presented By: Director of Finance Microsoft Word-FIN 2012-032 Reserve Contributions.pdf Resolution No. 23: Moved By: Councillor Rosehart Seconded By: Councillor Getty AND RESOLVED THAT Council receives FIN 12-32 Reserve Contributions for information purposes; FURTHER RESOLVE THAT the net proceeds on the sale of assets as itemized in this report be contributed to general reserves. "Carried" DEVELOPMENT & COMMUNICATIONS 30. DCS 12-33 Report-Industrial Land Sale Policy [] Services Resolution No. 24: Moved By: Councillor Rosehart Presented By: Director of Development and Communication Page 8 MINUTES: Meeting for the Committee "Open Council" Seconded By: Councillor Getty AND RESOLVED THAT Council receive Report DCS 12-33 as information. "Carried" 31. DCS 12-46 Report-Property Standards Appeal Committee [) Presented By: Director of Development and Communication Services Resolution No. 25: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report DCS 12-46 as information. "Carried" 32. DCS 12-47 Report-Urban Design Study Update ~ Presented By: Director of Development and Communication Services Resolution No. 26: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report DCS 12-47 as information. "Carried" 33. DCS 12-50 Report-Zoning By-law Update ~ Presented By: Director of Development and Communication Services Resolution No. 27: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives report DCS 12-50- Zoning By-Law Update as information. "Carried" OPERATIONS 34. OPS 12-10-Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter [) Presented By: Director of Operations Resolution No: 28: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receives Operations Services Report OPS-12-10-Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter for information purposes; FURTHER RESOLVE THAT Tender T2012-004 be awarded to United Contracting of London at a cost of$ 46,039.59. "Carried" 35. OPS 12-11-Tender T2012-003-Supply and Placement of Hot Mix Asphalt Paving [) Presented By: Director of Operations Resolution No. 29: Page 9 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Beres Seconded By: Councillor Stephenson AND RESOLVED THAT Council receives Operations Services Report OPS12-11 Tender T2012-003 -Supply and Placement of Hot Mixed Asphalt Paving for information purposes; FURTHER RESOLVE THAT Tender T2012-003 be awarded to Permanent Paving Ltd. of Woodstock at a cost of $116,472.21. "Carried" PARKS & RECREATION SERVICES 36. PRS 12-02 Parks & Recreation-Cemetery By-Law CJ Presented By: Acting Director of Parks & Recreation Resolution No 30: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report PRS 12-02 Updates to By-Law 3628 Cemetery as information; FURTHER RESOLVE THAT By-Law 3628 be repealed and By-Law 3640 to govern the operation of municipal cemeteries, be brought forward for Council consideration. "Carried" COMMITTEE MINUTES & REPORTS 37. Committees of Council Minutes ~ 38. LPRCA Minutes of June 6, 2012 -m LPRCA Minutes_06June2012.pdf NOTICE OF MOTION RESOLUTIONS 39. Ontario Convenience Stores Association-Contraband Tobacco -m Ontario Convenience Stores Association 07.31.12.pdf Resolution No. 31: Moved By: Councillor Klein Seconded By: Councillor Beres WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; Page 10 MINUTES: Meeting for the Committee "Open Council" THEREFORE BE IT RESOLVED THAT Council support the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offences related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts; AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures; AND that this resolution be sent to: The Honourable Dwight Duncan, Minister of Finance; Premier Dalton McGuinty; Ernie Hardeman, MPP Oxford; "Carried" 40. Bill 76, An Act to Amend the Ontario Lottery and Gaming Act of 1999 [iii Resolution No. 32: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province, AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations; AND WHEREAS any new casino development may significantly impact the community and surrounding areas; AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of any new casino; THEREFORE BE IT RESOLVED THAT the municipality requests the Legislative Assembly of Ontario to immediately pass Bill 76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino; AND THAT this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; and Ernie Hardeman, MPP "Carried" RESOLUTIONS RESULTING FROM CLOSED SESSION Page 11 MINUTES: Meeting for the Committee "Open Council" BY-LAWS 41. By-Law 3644, To Authorize an Agreement Between the Town and the Tillsonburg Golf and Country Club Limited [dl Resolution No 33: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3644, To Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the Tillsonburg Golf and Country Club Limited, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" 42. By-Law 3639, To Define Municipal Trust Funds and to Appoint Trustees to Those Trusts ~ Resolution No. 34: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3639, To Define Municipal Trust Funds and to Appoint Trustees to Those Trusts Established By The Corporation of the Town of Tillson burg, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3639, 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" 43. By-Law 3641. To Enact an Agreement with the County of Oxford to join the County Library Services Cil Resolution No. 35: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3641, to enact an agreement with the County of Oxford to join the County Library Service, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3641, 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 44. By-Law 3642. To Amend By-Law 3295, 79 Simcoe Street CJ Resolution No. 36: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3642, to amend By-Law 3295, Goodwill Industries Ontario Great Lakes, 79 Simcoe Street, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3642, 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 12 MINUTES: Meeting for the Committee "Open Council" "Carried" 45. By-Law 3638, For Prescribing Standards for the Maintenance and Occupancy of Property I) Resolution No. 37: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3638, For Prescribing Standards for the Maintenance and Occupancy of Property Within the Town of Tillsonburg, 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" 46. By-Law 3640, to Govern the Operation of Municipal Cemeteries Under the Jurisdiction of the Town of Tillsonburg By-Law 3640 Cemetery.pdf Resolution No. 38: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3640, to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3640, 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" 47. By-Law 3643 To Confirm the Proceedings of the Council Meeting of August 13, 2012 CJ Resolution No. 39: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3643, To Confirm the Proceedings of the Council Meeting of August 13, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3643, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein AND RESOLVE THAT the meeting be adjourned at 9:59PM Page 13 MINUTES: Meeting for the Committee "Open Council" Approval Received: (1 of 1) Donna Wilson/Tillsonburg (Tuesday August 14, 2012 11:05 AM) Town of Tillsonburg Page 14 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private . . . . mowr:l·Ol"fillsonburg Meeting totd:l:e Committ~e iiOpen Council" ~on · . MO~d,a=~~:~OOPM ¢h~ibJQhnlessif Orders of theOay: CALL TO ORDER The meeting was called to order at 6:20 PM ATIENDANCE: 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 CJ 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 ~ 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 Page 2 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 ~ 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 Cfl 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 I) 5. Ministry of Health and Long-Term Care Land Ambulance Funding I) 6. Town of East Gwillimbury-Commercial Fill Operations ~ 7. Norfolk County-Request Support for Bill11 -Establish the South Western Ontario Development Fund CJ 8. AMO's Submission to the Ontario Distribution Sector Panel I) 9. Responses to the April 23rd Council Resolution -Provincial Payment-in-lieu of Taxes [JJ 10. Responses to the May 12th Council Resolution-MTO Connecting Link Funding 1}1 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. Page 4 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;J Presented By: Director of Development and Communications Property Standards-Letter to Town.pdf 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 I] 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 [] 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) I) 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 I] 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 -m 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 [] 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 for the 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 [::J 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 ~ 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 C] 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 Cj 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 ~ 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 ~ 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 [) 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 Hendrika K.Weber lJI 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 Hendrika K.Weber L:J tJ 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 -m 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 ofTillsonburg Page 11 July 10, 2012 Tillsonburg & District Multi-Service Centre (MSC) The Livingston Centre 96 Tillson Avenue, Tillsonburg, ON N4G 3A1 Phone: (519) 842-9000 Fax: (519) 842-4727 Email: info@multiservicecentre.com www.multiservicecentre.com Donna Wilson,Cierk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 Fax: 519:842-9431 Dear Donna, Our agency's Home Support division & Stonebridge Community Services request the opportunity to appear before Council as a delegation on August 13, 2012. The topic of the presentation is: Stonebridge Community Services -Pickle Ball. The team who will be presenting will be using a Power Point presentation and will have the completed version to you by August 7, 2012. Thank You for the opportunity, :Maureen Y. Maureen Vandenberghe, MSC Communications Ext. 270 -Serving the Community since 1978- Mission: A community organization committed to supporting personal independence through: Innovative and responsive resources • Partnerships and collaboration • Striving for excellence Vision: Embracing Persona/Independence • Celebrating a Caring Community Janet McCurdy August 1 3, 201 2 The scope of work is as follows: 1. Remove all buildings except the Crystal Palace 2. Remove racetrack ~ Relocate one hardball diamond 4. Increase and improve parking for parks and the Community Centre faclllties s. Install new underground services 6. Construct a band shell and Fair board offices 7. Construct storage areas for grounds maintenance and user groups a. Construct a new Cattle barn building adiacent to the Crystal Palace 9. Add trails to the grounds 10. Install irrigation systems for turf 11. Increase base of shade by planting more trees 12. Install beach volleyball courts ~"'.~~,,,_.,_,. ~~~·~"-" ;.~;'..:'":;:.~~~ )~>~\.• :•· =.--, J:; 28/08/2014 History -~------------------~ Recently the government announced infrastructure grants being made available for communities to upgrade aging facilities. Senior staff discussed some Ideas to apply for a grant and the best opportunity to make a large impact was to enhance and revitalize Memorial Park. Memorial Park has aging facilities and without a comprehensive plan and available grant funding to address the area a total transformation may not be possible. Staff completed a rendering of the area suggesting a series of changes to address a number of key facility and pork Issues Including, A lack of available parking Aging underused facllltles A lack of storage for grounds maintenance and other users Truncated use of space A lack of flow for all park users Financial Analysis o It is anticipated that the scope of work as per the application will cost about $2,000,000 including a 1 0% contingency with a cost sharing formula as follows, o CIIF Funding -$1 ,000,000 o Town of Tillsonburg $500,000 o Tillsonburg Agricultural Society -$250,000 o Ball and park users -$250,000 1 LAKE LISGAR FEDERAL INFRASTRUCTURE GRANT PROPOSAL ISSUES • LLRP does not remedy sedimentation I weed issues, nor iJlf. deteriorating infrastructure • Volunteer and fund raising fatigue • LLRP committee mandate expires 2012 year end GRANT HILITES 1. Rehabilitation and Improvements for Recreation Purposes Erosion+ Debris =weed growth, siltation and poor water quality at the north end. a. Environmental assessment and actions to improve water quality b. Sediment dredging and debris clean up c. Shoreline erosion control measures d. Installation of additional aerators e. Storm drain re-routi1g f. Replacement of crumbling retaining walls that protect the bridge infrastructure 28/08/2014 LAKE LISGAR REVITALIZATION PROJECT (LLRP) UPDATE • Support -Endorsed by 14 Service Clubs and Community Organizations • Funding -$91,500 (to date) • Key Milestones -Aeration >> 3 new systems installed -New Rowing Dock >>pending -Events (Turtlefestl Family Fishing Day) -Website: www.lakelisgar.org LLRP PROPOSED PHASE 3 A Joint Federal Infrastructure Grant Application by The LLRP Committee and The Town of Tillsonburg GRANT HILITES 2. Code and Safety Improvements for Gibson House Gibson House is an historical building in need of maintenance and restoration. a. New energy efficient lighting and windows b. Parking lot safety and accessibility improvements c. New and accessible washroom facilities 1 tdbcr!:rdCoun~ ~ growing stronger. .. together Community and Strategic Planning P. 0. Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Phone: 519-539-9800 • Fax: 519-421-4712 Web site: www.oxfordcountv.ca OUR FILE: ZN 7-12-4 APPLICATION FOR ZONE CHANGE To: The Mayor and Members of Tillsonburg Town Council REPORT No.: 2012-198 MEETING DATE: August 13, 2012 OWNER: Goodwill Industries Ontario Great Lakes 255 Horton St., London ON N6B 1 L 1 LOCATION: AGENT: Jack Malkin 691 Whitehaven Crescent London ON N6G 4V6 The subject property is described as Lots 1368, 1369, 1370, 1371 of Plan 500, located on the south side of Simcoe St, east of Pine Avenue and north of Ball Alley, in the Town of Tillsonburg. The lands are municipally known as 79 Simcoe Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule "T-1" Town of Tillsonburg Land Use Plan TOWN OF TILLSONBURG ZONING BY-LAW No. 3295: Existing Zoning: Service Commercial Zone (SC) Service Commercial Requested Zoning: Special Service Commercial Zone (SC-Special) APPLICATION REVIEW: (a) Proposal The applicant proposes to re-zone the subject lands from 'Service Commercial Zone (SC)' to 'Special Service Commercial (SC-Special) to permit the establishment of a donated goods retail store on the site. The applicant proposes to sell a range of used goods and merchandise such as textiles, housewares, shoes, books and furniture. File No. ZN 7-12-4 Page3 Report No. 2012-198 In addition, sites with existing buildings and established commercial uses are permitted within this designation. It is not the intent of this policy to restrict existing commercial uses from expanding or changing uses within the context of the functional zoning category in the Town of Tillson burg. (d) Zoning By-Law The subject property is zoned Service Commercial (SC) in the Town of Tillsonburg Zoning By- Law No. 3295. The applicant is requesting that the zoning be amended to allow for a donated goods retail store as a permitted use. No expansion or change to the existing building is proposed at this time. (e) Agency Review The application for zone change was circulated to a number of public agencies for their review. The Town Manager of Engineering, the Chief Building Official, Town Fire & Rescue Services and the County Public Works Department have indicated that they have no concerns or objections regarding this proposal. (f) Public Circulation Public notification of the application for zone change was circulated to surrounding property owners on July 24, 2012. As of the writing of this planning report, no comment has been received from the public. (g) Planning Review The proposed application is consistent with the policies contained within the Provincial Policy Statement in regards to intensification and redevelopment as well as economic development. It is the opinion of this Office that the proposed use meets the general intent of the Service Commercial designation contained within the County of Oxford Official Plan. The existing building will house the retail, storage and sorting aspects of the business; no change to the existing building is proposed. Although a donated goods retail store can be found in a Central Area, warehouses that require drop off and pick up are generally not well-suited to a Central Area location. A large portion of this business relies on the ability to have ample sorting and storage space for used goods for retail as well as those goods that cannot be used and must be disposed of by other means. It is the opinion of this Office that the applicant's proposal to re-zone the subject lands to allow for a donated goods retail store is an appropriate use of the subject property and the existing building and can be supported from a planning perspective. A copy of the recommended amending by-law has been attached for Council's consideration. llftt~rdCount~ 1§/ growing stronger. .. together 0.1 NAD_1983_UTM_Zone_17N © County of Oxford ~ .. _ ~==================~========~~ Plate 1 -Location Map (with Existing Zoning, Official Plan Designations and Parcel Lines) i_) ,....; _:.->- File No.: ZN 7-12-04-Goodwill Stores >;-r-j--::-\. _ Lots 1368-1371 Plan 500, Tillsonburg _J~,..... \ ~ \ .. \ \ (. _J 0 0.05 0.1 Kilometers I I June 8, 2012 1:2,000 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 \\ \r-;:::.-.--~~~ \ .. /"\.J· \ ----'--. "<· ~.( •\ \ \\,~\ \. \ I . \ >r:>r ---\~--d----_.\ Legend '''\ Parcel Lines (Displays 1 :16 00 Boundary Lot Line Assessment Line Road ID Zoning (Displays 1 : 16000 to 1 : 100 Metre Buffer Ingersoll ~ Heritage Residental Woodstoc Village Land Use Designation Village Core (VILCOR) ~ Service Commercial (SERCOM) ~ Low Densily Residential (LOWDEN • Medium Density Residential (MEDC • Industrial (INDUST) • Major Institutional (COMFAC) IIJ Future Urban Growth (FUG) • Open Space (OSPACE, CPARK. N • Environmental Protection (ENVPR< ~ School (SCHOOL) Land Use Designation l!liil Residential (RESID) 1fi1 Residential Reserve {RESRES) Central Area (CAPLAN) Central Business District (CENTRE Entrepreneur District (ENTREP) i:SJ Neighbourhood Shopping Centre (~ Ill Service Commercial (SERCOM) Notes THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3642 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.13 LOCATION: SOUTHEAST CORNER OF SIMCOE STREET AND PINE AVENUE (LOTS 1368-1371, PLAN 500) SC-13 14.5.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 14.1; and A donated goods retail store 14.5.13.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.13.2.1 For the purposes of this subsection, a "donated goods retail store" shall mean a building or part thereof in which goods, wares, merchandise or articles are stored, offered or kept for retail sale to the public and where those items stored or offered for sale and are procured solely and exclusively through the donations of the goods, wares, merchandise or articles. 14.5.13.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. BALL ALLEY 1-w w .::.:: I-V) .::.:: < 0 w u SCHEDULE "A" TO BY-LAW No. __ _ LOTS 1368-1371, PLAN 500 TOWN OF TILLSONBURG SIMCOE STREET I N69-54-00W i 8086 I i "y I " '\ I '\ ":> I ":> w "y i "y 0 I <;'a-NN I ~a QU"l N z '\ '\ '\ i I " " I " 'v i 'v I ' 'v i i I i 80.86 METRES ~---10 5 0 10 20 - Oj 'b '<l '<l ":> ":> "y I "y w 0 9o-. I 0\ N i 90 OU"l N '\ z \J " \J 'v ~ ' - THIS IS SCHEDULE "A" D AREA OF ZONE CHANGE TO SC-13 TO BYLAW No. PASSED NOTE: ALL DIMENSIONS IN METRES ~f?!dn£[;!!,11r.~~'Ccther Produced By The Department of Corporate Services Information Systems ©2012 THE DAY OF ___ , 2012 MAYOR CLERK 30 File: A08112 Date: August 2, 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 August 13, 2012 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS/APPLICANTS: 1068915 Ontario Inc. 28 Kamps Crescent Tillsonburg ON N4G 4Z3 LOCATION: AGENT: Jules and Diane Pozsgai 28 Kamps Crescent Tillsonburg, ON N4G 4Z3 PT LT 1467 PL 500 PT 2 41R6803, municipally known as 23 Broadway Street, Town of Tillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new basement apartment located in an existing building. The application requires relief from Section 5.3 zone provisions of the Town of Tillsonburg Zoning By- Law to permit a dwelling unit below grade. 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 5A 7 ~talxfErdCount~ tJf/1 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.oxfordcountv.ca Our File: A 08/12 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNER: 1068915 Ontario Inc 28 Kamps Cres Tillsonburg ON N4G 4Z3 VARIANCES REQUESTED: MEETING: REPORT NO: APPLICANT: August 13, 2012 2012-209 Jules & Diane Poszgai 28 Kamps Cres Tillsonburg ON N4G 4Z3 Relief from Section 5.3., Dwelling Units Below Grade, to permit the finished floor of a dwelling unit to be 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft). LOCATION: The subject property is described as Lot 1469, Plan 500 in the Town of Tillsonburg. The lands are located at the northwest corner of Broadway and Prospect Street and are municipally known as 23 Broadway. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: TOWN OF TILLSON BURG ZONING BY-LAW: SURROUNDING USES: COMMENTS: (a) Purpose of the Application: Central Business District 'Central Commercial (CC)' Surrounding uses include a car dealership and other commercial uses to the north and residential uses to the south and west, with a ravine system further to the south. The applicant proposes to obtain relief from the above-noted section of the Tillsonburg Zoning By-law to facilitate the construction of a basement dwelling unit with a finished floor 1.83 m (6 ft) below grade within an existing duplex. File No. A 08/12 Report No. 2012-209 Page 3 • the request for variance constitutes a minor departure from the performance standards of the zoning by-law; • the general intent of the zoning by-law can be met; and • whether the variance is desirable for the appropriate development of land. 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 applicant's request for relief of the relevant provisions of the Zoning By-law to facilitate the construction of a dwelling unit below grade complies with the policies of the Official Plan and will not set an undesired precedent. The relief is in keeping with the Central Business District policies of the Official Plan that support residential intensification proposals. 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 Central Commercial (CC) in the Town of Tillsonburg Zoning By- Law No. 3295. The general provisions of the Zoning By-law require that the finished floor of dwelling units below grade be a maximum 1.2 m (3.9 ft) below the adjacent finished grade. A second duplex that is shown on Plate 2 has been demolished; the applicants have provided confirmation that they are able to accommodate all required parking onsite. The proposed development will comply with the remaining requirements of the Zoning By-law. (e) Desirable Development/Use: The applicant proposes to construct a dwelling unit below grade having an approximate area of 63 m2 (680 ft2). The finished floor of the proposed dwelling unit will be situated approximately 1.83 m (6 ft) below grade. Public notification of the application for minor variance was circulated to surrounding property owners on August 2, 2012. As of the writing of this planning report, no correspondence has been received from the public. No exterior alterations to the existing building are proposed; the additional dwelling unit is expected to have very minimal impact on the character of the surrounding residential neighbourhood and is not anticipated to create adverse impacts on neighbouring land uses. The applicant has provided engineered drawings to the Town confirming that the proposed dwelling unit will comply with the requirements of the Ontario Building Code and Ontario Fire Code. The applicant's request can be considered desirable for the intended use of this property. ~"JOrdCount)! ~~owing stronger. .. together 0.1 NAD_1983_UTM_Zone_17N © County of Oxford Plate 1 -Location Map and Existing Zoning (with Parcel Lines) File No.: A-08/12-Poszgai Lot 1469, Plan 500, Tillsonburg 0 0.04 0.1 Kilometers I ______[ August 2, 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 ~._....../ ' ----~>·i3.c/''l~~~;~ct~ ··,\~ '• \-'_.., \ I I _:,/'\ . \ . t \-· .-\ \ \ ' ' \ '. ,,..L j \ \ \J' (" .. -... -.--· ··-, \. ../ .,... \ ' \£•) I \ ~ -., \ -I 1 ! I \ \ .... ----··. L,_.)..,.--·\ J .. \ ~. ' ~.,;...-{~ .---· Legend Parcel Lines (Displays 1 :32 00 Boundary Lot Line Assessment Line Road Environmental Protection/Fioo1 Flood Fringe iWi Floodway ~ Environmental Protection (EP1) ~\~ Environmental Protection (EP2) Zoning Floodlines/Regulation l t • 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation I Regulatory Flood And Fill Lines [gJ Zoning (Displays 1:16000 to 1 : Notes E' :I .c ·-c .. 0 ~~ ol-~D:'O ~NC> ~"' :::o-c ':.:9.!!! :;..<11.. ; ·:m ,g~! 8::! 0 c(LL...J ..., ~ .. a: I ~I ~& I LONDON ,p ~ ~ ' ~ ~ ~ ~ ,<,t!/ LOT #"? INSTRUMENT P.I.H. 00037 STR£E:T ~-LOT Q_V-.t ·J470 815510 - ,.0 q;Y. w i ./'l'' ~~ ..:::'0 __ _! ___ ... :'lJ:l J......-"]4 I .,. • ., • ~. ~ N ~!;. c. C. ~ ~I 21 4 ~ ~ :;l:l ~ s ~.!::!. i ~ >-<'"i'x ~ ~ &\ ~ ~ t N 52"27'30~ E ~ 167.50' (P2 -k M) 4i tfJ' ~ DS.03' 72.47 8 ' . . g. t;; ~ § X~ 0 • "· ~ " t;; ~t§1~ 1$ -----, I ~0 ~(:Jj LOT PART INSTRUI.IENT P.I.N. 00037 SOUTHI't£.ST CORNER OF LOT 111611, PI.AN ~00 95.00' N 52"28'00" E (REFERENCE BEARING) PROSPECT P.I,N, 00037 ~ i N >--1 ~~ I ~-LM'I:u:;-t -~~ l_ _______ 1~9 I ' I ~ PART I ~ I i I I >-j '<~ .f STREET 0146 389&77 0045 72.50' unso' (PI, P2 aejt.l) (.l.J' WIO£ -PlAN .500) "" ' ~~d :s: ~ z 0 ;' Pii I REQUIRE lHS PI...AH TO BE DEPOSitED UNDER 'THE REGCS1RY ACT PLAN 41R-6K03 REC£1\oftl AHO DEPOSITED DAlE 200/ • Q::Z -20 ~~-~~ DEPUTY LAND REGIS'TRAR FOR THE REGISTRY OI'MION OF OXFORD (Na. 41) PLAN OF SURVE:Y OF LOT 1469 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSONBURG COUNTY Of OXFORD SCALE -I INCH • 20 FEET ~~r r r-r IMPERIAL :r~~~ ~~ ~u~~N~~~-rs AND CAN· Klt.l HUSlt:D SURVEYING LTD. SURVEYOR'S CERTIFICATE I CERllF'Y lHAT (1) -THIS SURVEY AND ~ ARE CORRECT AND IN ACCORDANCE 'M"DI 1HE SURVEYS ACT, 1HE SURVEYORS ACT AND THE REGISTRY ACT AND THE REGULA llONS MADE UNDER lHEW (2) -ntiS SUR~ WAS Cot.IPLETED ON 1HE 12th DAY CF FEBRUARY, 2001 FEBRUARY 19. 2001 ~~--OAT£ NOTES (1) -9£ARJNCS ARE ASTRONOIMC AND ARE REFERRED TO THE NORT1-I£RN UWIT OF PROSPECT STREET AS SHO~ ON .PJOG:f"S PLAN REGISTERED AS PLAN No. SOOi HAVINC A SEARING OF N 52" 215' oo• E LEGEND • D •• lB RIB (..,T) CP !1582) 16-16) :~~ (W) (S) P.I.N. DENOTES SURVEY WONVNENT FOONO DENOTES SUR\o£r WONUNENT SET DENOTES STNIIDARO IRON BAR OOJOTES !RCN BAR DENOTES ROUND IRON BAR CENOTES 'M1NESS DENOTES CONCRElE PIN DENOTES KIM HUSTED SUR'I'EYING LTD. DENOTES SHEET AND NONUWEHT No. ORICINAL WITH PLAN 500 DENOTES JJOG£'S PLAN RE~ISTERED AS PLAN No. !500 DENOTES PLAN OF SUR'vt':Y BY kiM HUSTED SURVEYING L10. DATED JANUARY 22. 1990 PROJECT 89-T.C.79 DENOTES WEASUREO DENOTES SET DENOTES PROf'ERTY IOENTIF'JOt NUWBER KIM HUSTED SURVEYING LlD. ONTARIO LAND SURVEYOR lO HAIIVEY S'IIIEET, 1lJ..SOHBUIIO ONT.WO. N40 3.111 f1HClNE, 5111-1142-3838 rAX: 51,....142-38311 PROJECT: 01-57-40 REFERENCE: F.F.6 OISI(No. .,, -----------------------·---------------------------------------------------- File No. A-08112 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 ofl 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 August 13, 2012. OWNERS/APPLICANTS: 1068915 Ontario Inc. 28 Kamps Crescent Tillsonburg ON N4G 4Z3 LOCATION: AGENT: Jules and Diane Pozsgai 28 Kamps Crescent Tillsonburg, ON N4G 4Z3 PT L T 1469 PL 500 PT 2 41 R6803, municipally known as 23 Broadway Street, Town ofTillsonburg, County of Oxford PURPOSE OF APPLICATION: An application has been received to permit the construction of a new basement apartment located in an existing building. The application requires relief from Section 5.3 Dwelling Units Below Grade, to permit the finished floor of a dwelling unit to be 1.83 m (6ft) below grade in place of the standard 1.2 m (3.9 ft). DECISION: DEFERRED That the Town ofTillsonburg Committee of Adjustment defer Application File A 08/12, submitted by Jules & Diane Poszgai for lands described as Part Lot 1469, Plan 500, designated as Part 2 on Reference Plan 41R-6803, in the Town ofTillsonburg to the September 10,2012 meeting for the following reason: 1. to ensure that proper public notice is given in accordance with the Planning Act. Members concurring in above ruling: John Lessif Mark Renaud David Beres Mel Getty Marty Klein Chris Rosehart Brian Stephenson ,, I ~c t , - -. ---· -Report No: C-4 2012-182 V'Y4 _ oun COMMUNITY AND STRATEGIC PLANNING . ~OWing Stronger..Ywgether Council Date: July 11,2012 To: FROM: SUBJECT: L. Buchner, Director of Corporate Services/Interim CAO G. Hough, Corporate Manager of Community and Strategic Planning D. Goudreau, Acting Director of Public Works P. Michiels, Senior Policy Planner Proposed Oxford County Source Protection Plan (SPP) Policies RECOMMENDATION That Report No. C-4 2012-182 be received by County Council for discussion purposes and forwarded to the Area Municipal Councils for their information. Further, that County Council support continued County staff efforts to work with the Lake Erie Region and Thames-Sydenham and Region Source Protection Authorities to refine and harmonize the Source Protection Plan policies that will apply within Oxford County, with the intent of presenting a revised draft of the proposed Source Protection Plan Policies to County Council for endorsement at their August 8, 2012 meeting. PURPOSE To apprise County Council of the ongoing Source Water Protection policy development process and, in particular, the draft SPP policies that are currently being proposed for Oxford County. The intent is to provide an opportunity for County Council to review and discuss the draft SPP policies prior to presenting a final revised draft for their endorsement at the August meeting of Council. BACKGROUND As established through County Council resolution, Oxford County has assumed a lead role in the Province wide Source Water Protection process, as set out in the Clean Water Act (CWA), 2006 and associated regulations. Over the course of this multi-year process, County staff have prepared a number of update reports outlining the ongoing requirements, outcomes and status of the process as it relates to Oxford County. These reports were presented to County Council and forwarded to the Area Municipalities for their information. The most recent of these reports (C-2 2011-297) was presented to County Council in December 2011. That report provided a summary of the overall policy approach that was being proposed to address the various significant drinking water threats in the County, identified potential staffing and financial implications and outlined the remaining steps in the policy development process. County Council passed a resolution Page 1 of 9 a) Prescribed Drinking Water Threats Report No: C-4 2012-182 COMMUNITY AND STRATEGIC PLANNING Council Date: July 11, 2012 The significant drinking water threat policies included in this first round of SPPs will be limited to the prescribed Drinking Water Quality Threats. These threats are generally categorized as either chemicals, DNAPLS or pathogens. Examples of pathogenic threats include septic systems and the storage and spreading of manure (ASM). Examples of chemical threats include storage of solvents, pesticides, fertilizers and fuels (gasoline and heating oil). Dense Non-Aqueous Phase Liquids (DNAPLs) are a group of chemicals that are of particular concern and include manufacturing solvents, paint removers and metal degreasers. Some prescribed threats (i.e. application of road salt) cannot meet the thresholds necessary to be considered significant in Oxford and, as a result, do not require the development of policies. In Oxford County, significant threats can generally only be present, or potentially occur, in a WHPA A & B that has a vulnerability score (v-score) of 10, with the exception of the following: • certain waste threats (land filling and liquid industrial waste injection) and sewage treatment plant storage tanks, which can be significant in a WHPA A, B or C with a v- score of 8 or higher; and • DNAPLs, which can be significant in a WHPA A, B or C, regardless of the v-score. Appendix 1 of this report contains a map which identifies the portion of the WHPAs in the County where a significant threat can potentially occur and, as a result, the areas where the various significant threat policies contained in the draft SPP may apply. A more detailed discussion of the Wellhead Protection Areas (WHPAs) in the County is provided in Section 1 b) of report C-1 2011-161. For Oxford County's wells, a vulnerability score of 10 applies to all WHPA A zones, as well as to a portion of the WHPA B zones for a number of wells supplying Woodstock, Tillsonburg, Ingersoll, Otterville, Plattsville and Thamesford. This represents approximately 160 ha (395 ac) of land in the WHPA A zone and approximately 470 ha (1, 161 ac) of land in the WHPA B zones, a considerable portion of which is located within the County of Norfolk. The majority of the land in the WHPA B zones is comprised of agricultural parcels located within the Township of Southwest Oxford, Township of Norwich and County of Norfolk, and almost a third of it is owned by the County of Oxford. This is the area that will potentially be affected by the majority of the significant threat policies in the SPP. Although the area where waste and sewage treatment plant threats could be significant is considerably larger, only one existing threat was identified in the County that would fall into that category and there is ample opportunity to locate such uses outside of vulnerable areas, if they should be proposed in the future. Therefore, outside of the WHPA A & B zones with a v-score of 10, the primary policy focus is significant DNAPL threats. b) Available Policy Tools The following table provides an overview of the policy tools identified in the Clean Water Act that can be utilized to ensure an activity either ceases to be a significant threat or never becomes a significant threat. Page 3 of 9 Table 2: Overview of Proposed Policy Approach by Threat Establishment, operation or maintenance of a waste disposal site within the meaning of Part V of the Environmental Protection Act Sewage -septic systems/holding tanks • Small <1 0,000 L (OBC regulated) e >10.000 L (Provincial aooroval- PI-Prescribed Instrument Policy RMP -Risk Management Plan Part IV Prohibit -Prohibit using S. 58 of CWA • PI -Manage, where ECA required • RMP -Manage, where no ECA • • RMP -Manage • Part IV -Proh • RMP -Manage • E & 0 (for household quantities) • RMP-Manage (all other quantities) • RMP -Manage E & 0 -Education and Outreach Policy LUP-Land Use Planning Policy • PI-Prohibit, where ECA required • Part IV-Prohibit, where no ECA required • LUP -Prohibit (small) • PI & LUP -Prohibit (large) • RMP -Manage • Part IV-Prohibit • Part IV-Prohibit • Part IV-Prohibit • E & 0 (for household quantities) • Part IV-Prohibit (WHPA A & B with v-score 1 0) RMP -Manaae (all other WHPA B & • RMP-Manage SA -Specify Action Policy EGA -Environmental Compliance Approval Page 5 of9 Inspectors, Septic System Inspectors), process (e.g. municipal septic inspection program, amendments to planning documents, application forms and procedures) and other considerations associated with policy implementation (e.g. incentive/education and outreach programs). Further details on Source Water Protection implementation considerations will be presented to County Council as part of future update reports. 2. Next Steps The following Table provides a summary of the estimated timelines for policy development: Table 3: Estimated Timeline for Remaining Steps in SPP Policy Development The Source Protection Authorities are currently requesting that policy leads provide the draft Source Protection Plan policies for their respective municipalities to the SPC in advance of their August 2012 meetings, so that they may be endorsed by the SPC for the purposes of initiating formal public consultation. Given this timing, over the next few weeks, County staff will incorporating any final revisions to the draft SPP policies that are deemed necessary to achieve reasonable degree of policy consistency across the two Source Protection Regions and to address feedback expected from the Ministry of the Environment on the draft transition policies. During this same period, County staff will also be available to meet with Area Municipal Councils to discuss the proposed Source Protection Policies, where requested. It is anticipated that any required revisions to the draft SPP policies will be completed by the end of July, allowing for a revised draft of the SPP policies to be presented to County Council for endorsement at their August meeting. The endorsed policies will then be forwarded to both the Lake Erie Region and Thames-Sydenham and Region SPCs for them to release for formal public consultation. It will then become the responsibility of the SPCs to undertake the formal public consultation on the draft SPP policies, as set out by the Clean Water Act, and to make any resulting revisions. There are two statutory public consultation periods (a 35 day consultation period, followed by a 30 day notice period) following which the SPPs will be submitted to the MOE for final approval (Current deadline of December 31 5\ 2012). MOE staff have indicated that final approval of all the SPP's will not likely be completed until at least mid 2013. It should be noted that the County and/or Area Municipalities may still request the SPCs to consider revisions to the draft SPP policies as part of the first 35 day formal public consultation period, where deemed necessary and/or advisable. Although the Source Protection Committee has the final authority with respect to what policies are ultimately included in the SPPs that are submitted to the Ministry of the Environment for approval, MOE staff have indicated that they will be closely considering how the SPC has addressed any comments or concerns raised by the municipalities who are responsible for implementation of the policies. Once the SPPs are approved by MOE, municipalities will be required to comply with the significant threat policies contained therein, which will include ensuring that planning documents, by-laws and procedures are updated to be consistent with the SPP policies. Page 7 of 9 Report No. C-4 2012-182 Appendix 1 Potential Significant Threat Area Mapping Report No. C-4 2012-182 Appendix 2 Draft Source Protection Plan Policies (Lake Erie Region) OC-CW-1.2 pa before this rce Protection Plan amendments to prescribed instruments shall be completed within three (3) years from the date the Source Protection Plan comes into effect; e. For Section 40(2) of the Clean Water Act, the amendments to the Official Plan required to conform with the significant threat policies shall be initiated by the County within five (5) years from the date the Source Protection Plan comes into effect, or as part of the next Official Plan Review undertaken in accordance with Section 26 of the Planning Act. The amendments to the Zoning By-Laws required to conform with the significant threat policies shall be initiated by the Area Municipalities within two (2) years of the adoption of the Official Plan conformity amendment; and, f. Where the Source Protection Policies require the development of education and outreach programs as the primary tool for managing or eliminating a particular significant threat, such programs shall be developed and implemented within five (5) years from the date the Source Protection Plan comes into effect. 1. Notwithstanding the definition of existing, where development is being proposed by one or more of the following: a. An application or request for: • an official plan amendment under Section 22 of the Planning Act; • an amendment to a zoning by-law under subsection 34(1 0) of the Planning Act , • approval of development in a site plan control area under subsection 41(4) of the Planning Act • a minor variance under Section 45 of the Planning Act • an approval of a plan of subdivision under Section 51 of the Planning Act; • a consent under section 53 of the Planning Act b. An application for approval of, or an exemption from approval of, a condominium under Section 9 of the Condominium Act; c. An application for the issuance or amendment of a Prescribed Instrument made as of the date this Source Protection Plan takes effect; or d. An application for a building permit under the Building Code Act that has been deemed complete by the Area Municipality as of the date this Source Protection Plan takes effect; a significant drinking water threat activity that is directly associated with the proposed development may be considered existing for the purposes of complying with the applicable significant drinking water threat policies, provided that: • the application was deemed to be complete by the applicable approval authority as of the date this Source Protection Plan takes effect, or the application was approved prior to the date this Source Protection Plan takes effect, but further development approvals are still required before the development can proceed and/or the proposed significant drinking water threat activity has not yet been established; and • the application(s) are site specific and are proposing a specific use or uses; and • the implementing body named in the applicable significant drinking water threat policy is satisfied that the undertaking of that particular significant water threat is fundamental to the OC-CW-1.6 OC-NB-1.7 OC-CW-1.9 OC-.10 OC-CW-1.11 a. Identify the WHPAs in which a significant drinking water threat could occur; b. Indicate that within the areas identified, any use or activity that is, or would be, a significant drinking water threat is required to conform with all applicable Source Protection Plan policies and, as such, may be prohibited, restricted or otherwise regulated by those policies; c. Identify the significant drinking water threats that are prohibited through Prescribed Instruments, or Section 57 of the Clean Water Act, in accordance with the significant drinking water threat specific policies contained in this Source Protection Plan; and, d. Incorporate any other amendments required to conform with the significant drinking water threat specific land use policies identified in this Source Protection Plan. , in collaboration with Conservation Authorities and other bodies wherever possible, may develop and implement education and outreach programs directed at any, or all, drinking water threats, where such programs are deemed necessary and/or appropriate by the County and subject to available funding. Such programs may include, but not necessarily be limited to, increasing awareness and understanding of drinking water threats and promotion of best management practices. The County, in collaboration with the Ministry of the Environment, Conservation Authorities and other bodies wherever possible, may develop and implement incentive programs directed at various significant drinking water threats, where such programs are deemed necessary and/or appropriate by the County and subject to available funding. The County and the Source Protection Authority request continued funding and support from the Ministry of the Environment and other Provincial Ministries for incentive programs, such as the Ontario Drinking Water Stewardship Program, to assist in protecting existing and future drinking water sources and addressing significant drinking water threats. The County shall provide a report to the Protection Authority, by February 1 of each year, summarizing the actions taken by the County to implement the Source Protection Plan Policies, where specifically required by the policies and not forming part of the report from the Risk Management Official required under OC-CW-1.11. Where this Source Protection Plan requires the County or Area Municipality to amend their Official Plan and/or Zoning By-law and provide confirmation of such amendments to the Source Protection Authority, they shall provide a copy of such compliance within 30 days of adoption of the amendment(s) by County and/or Area Municipal Council. The Risk Management Official shall provide a report to the Source Protection Authority, by February 1st of each year, summarizing the actions taken by the Risk Management Official to implement the Source Protection Plan policies, in accordance with the Clean Water Act and associated regulations. may result in amendments to a I summarize the actions taken the OC-NB-1.16 sources when a sp1 occurs highways or b. The Ministry of the Environment is requested to provide mapping of the identified vulnerable areas to the Spills Action Centre to assist them in responding to reported spills along transportation corridors. The Ministry of Environment shall provide sufficient staff and financial resources to ensure the effective implementation of ongoing programs to ensure the decommissioning of abandoned water wells, in accordance with 0. Reg. 903 of the Ontario Water Resources Act. The Ministry of Environment is requested to provide the County with the opportunity to review and comment on any new or amended applications for Environmental Compliance Approvals for a significant drinking water threat activity. The intent is to ensure the County is aware of any amendments or new applications for the purposes of providing comments to the Ministry of the Environment with respect to any local considerations or concerns that may be relevant to the Environmental Compliance rocess. POLICIES ADDRESSING PRESCRIBED DRINKING WATER THREATS OC-MC-2.1 OC-CW-2.2 OC-MC-2.3 OC-CW-2.4 For any existing waste disposal site within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act that is subject to a Environmental Compliance Approval, where this activity is a significant drinking water threat, the Ministry of the Environment shall review existing Environmental Compliance Approvals, and where deemed necessary, shall amend the Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, ensure that this activity is managed to reduce the risk to municipal drinking water sources. For any existing waste disposal site, or aspect thereof, within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act that is not subject to an Environmental Compliance Approval where this activity is a significant drinking water threat, it is designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any new waste disposal site within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act, that requires an Environmental Compliance Approval, where this activity would be a significant drinking water threat, the Ministry of the Environment shall prohibit this activity through the Environmental Compliance Approvals process. For any new waste disposal site, or aspect thereof, within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act that does not require an Environmental Compliance Approval, where this activity would be a significant drinking water threat, it is designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. OC-MC-3.7 OC-MC-3.9 OC-CW-4.2 For any existing or new sanitary sewer and related pipes, where these activities are, or would be, a significant drinking water threat, the Ministry of the Environment shall ensure that Environmental Compliance Approvals for these activities are prepared, or, where necessary, amended to incorporate terms and conditions that, when implemented, will ensure these activities do not become a risk to municipal drinking water sources. The terms and conditions may include, but not necessarily be limited to, requirements for regular maintenance and inspections by the holder of the Environmental Compliance Approval. any existing stormwater management that discharges stormwater, where this activity is a significant drinking water threat, the Ministry of the Environment shall review and, if necessary, amend Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, will ensure that this activity does not become a risk to municipal drinking water sources. For any new stormwater management facility that would discharge stormwater where this activity would be a significant drinking water threat, the Ministry of the Environment shall prohibit this activity through the Environmental Compliance Approvals process. For any new or existing application I source to land n a WHPA 'A', where such activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. For any new or existing application of agricultural source material to land outside of a WHPA 'A', where such activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. The requirements of the Risk Management Plan will generally be based on the requirements of a Nutrient Management Plan and/or Strategy under the Nutrient Management Act, but may also include any modifications or additional requirements deemed necessary or appropriate by the Risk Management Official. For any new storage of agricultural source material, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. For any existing storage of agricultural source material, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. The requirements of the Risk Management Plan will generally be based on the requirements of a Nutrient Management Plan and/or Strategy under the Nutrient Management Act, but may also include any modifications or additional requirements deemed necessary or appropriate by the Risk Management Official. OC-CW-11.3 For any new handling and storage of pesticide threat circumstances not addressed by policy OC-CW-11.2, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any existing storage of snow, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any new storage snow, where this would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. ~--~ - ------~---~ ~ ~ ~ ---r~ -l OC-CW-14.1 14.2 For existing handling and storage of fuel, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For new handling and storage of fuel, where this activity would be a significant drinking water threat, a. This activity shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. b. Notwithstanding OC-CW-15.2a), any handling and storage of fuel required for back-up generators at municipal supply wells shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any existing or new handling and storage a dense non-aqueous phase liqu on properties zoned exclusively for residential and/or environmental protection purposes in the Area Municipal Zoning By-Laws, where this activity is, or would be, a significant drinking water threat, a. The County, in collaboration with the Source Protection Authority, Area Municipalities, the Ministry of the Environment, and/or other bodies wherever possible, shall develop and implement an education and outreach program directed at the owners and/or occupants of such properties. The program may include, but not necessarily be limited to, the provision of education material and information about the nature of the threat, how DNAPLs can be identified and handled and disposed of in a manner that would reduce or eliminate the threat to municipal drinking water sources. b. Notwithstanding OC-CW-16.1a), where the quantity and/or volume of DNAPLs handled or stored on a property exceeds that typical of household use, the handling and storage of a dense non-aqueous phase liquid shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. 5.2 For any existing handling and storage a dense non-aqueous phase liquid, on properties zoned for any other use than residential and/or environmental protection in the Area Mu Zoni where this c-•"nnJrT'"''mT rlrir>vir•n Mal illamW:imt IJiep VARNAVAJR BRANCH 153 16 Durham St., Tillsonburg, Ontario N4G 1 V7 Telephone (519) 842-5281 Fax (519) 842-6775 The Mayor and Council 19 July 2012 We of the Legion wish to express our gratitude to the Town of Tillson burg for the recent addition of signage marking Veterans Memorial Drive (aka Quarter Town Line). Our special thanks to Roads Manager Randy Vince for his consideration and efficient co-operation in this matter. Once again, thank you. Alastair MacDonald 1st vice president Administration & Finance Division Civic Centre Operations & Facilities Division Fifth Street & Wright Avenue Phone: 807-274-9893 Fax: 807-274-7360 Civic Centre 320 Portage Avenue Phone: 807-274-5323 Fax: 807-27 4-84 79 email: town®fort-frances.com Town of Tillsonburg ~o~ll oF Fo.nr p~ ~~ c.e<S' ~ FORT FRANCES, ONTARIO CANADA June 27, 2012 Attn: Donna Wilson, Clerk 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Planning & Development D1vision Civic Centre Community Services Div1sion 7 40 Scott Street P9A 1H8 Phone: 807-274-4561 Mailing Address: 320 Portage Avenue Fort Frances, Ontario P9A3P9 www.fort-frances.com At their meeting June 25, 2012, Council supported the resolution passed May May 12, 2012 by Council for the Town of Tillson burg re: MTO Connecting Link Funding. Yours very truly, c.c. Sarah Campbell, MPP Kenora/Rainy River (att'd) H:IOFFICEILETTERS AND CORRESPONDENCE\Resolutions Other Municipalities\2012 Resolutions\Town ofTillsonburg-MTO Connecting Link Funding resolution.doc 220 Algonquin Boulevard East, Timmins, ON P4N 183 ···>N•tv. urnn11ns.ca July 19, 2012 Town of Tillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Attention: Donna Wilson, Clerk Dear Sir: RE: The Corporation of the Town of Tillsonburg re: MTO Connecting Link Funding Attached hereto please find a certified true copy of Resolution 12-186 passed by Timmins City Council on July 16, 2012. Thank you. Encl. Yours truly, ~· R.J. (JACK) WATSON, CMO City Clerk c.c. Ontario Good Roads Association AMO Minister of Transportation OFFICE OF THE CITY CLERK Telephone: (705) 360-2602 Fax: (705) 360-2674 E-mail: jack.watson@timmins.ca Administration & Finance Division Civic Centre Operations & Facilities Division Fifth Street & Wright Avenue Phone: 807-274·9893 Fax: 807-274·7360 Civic Centre 320 Portage Avenue Phone: 807·274-5323 Fax: 807·274-8479 email: town@fort-frances.com Town of Tillsonburg ~o~ll OF FORT p~ ~~ c~d> ~ FORT FRANCES, ONTARIO CANADA June 27, 2012 Attn: Donna Wilson, Clerk 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Planning & Development D1vision Civic Centre Community Services Div1sion 7 40 Scott Street P9A 1H8 Phone: 807-274-4561 Mailing Address: 320 Portage Avenue Fort Frances, Ontario P9A3P9 www.fort-frances.com At their meeting June 25, 2012, Council supported the resolution passed May May 12, 2012 by Council for the Town of Tillsonburg re: MTO Connecting Link Funding. Yours very truly, c. c. Sarah Campbell, MPP Kenora/Rainy River (att'd) H:\OFFICEILETTERS AND CORRESPONDENCE\Resolutions Other Municipalities\2012 Resolutions\Town ofTillsonburg-MTO Connecting Link Funding resolution.doc 220 Algonquin Boulevard East, Timmins, ON P4N 183 ~·~···N'.i ttrnm1ns.ca July 19, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Attention: Donna Wilson, Clerk Dear Sir: RE: The Corporation of the Town ofTillsonburg re: MTO Connecting Link Funding Attached hereto please find a certified true copy of Resolution 12-186 passed by Timmins City Council on July 16, 2012. Thank you. Encl. Yours truly, ~-· R.J. (JACK) WATSON, CMO City Clerk c.c. Ontario Good Roads Association AMO Minister of Transportation OFFICE OF THE CllY CLERK Telephone: (705) 360-2602 Fax: (705) 360-2674 E-mail: jack.watson@timmins.ca The Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A tAt July 24, 2012 Ms. Donna Wilson Le Premier ministre de !'Ontario Edifice de I'Assemblee legislative Queen's Park Toronto (Ontario) M7A tAt Clerk, Development and Communication Services Town of Tillson burg 204-200 Broadway 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: !ij ~ Ontario Thank you for your letter of June 28, informing me of council's resolution regarding business tax capping. I appreciate your keeping me apprised of council's position. I note that you have sent a copy of your correspondence to my colleague the Honourable Dwight Duncan, Minister of Finance. As this issue falls within the area of his responsibility, I trust the minister will also take council's views into consideration. Thank you again for the information. I welcome council's input on this or any other issue of provincial concern. Please accept my best wishes. Yours truly, Dalton McGuinty Premier c: The Honourable Dwight Duncan JUL-24-2012 TUE 12:23 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 P. 02 Township of 9)atswortb Date July 18.2012 Be it resolved that the Council of the Township of Chatsworth support the resolution of the Town of Tillsonburg regarding Business Tax Capping ... d ,/ ~f,?. July26, 2012 Municipality of Northern Bruce Peninsula 56 Lindsay Road 5, R.R. #2, Lion's Head, ON NOH 1 WO Telephone: (519) 793-3522 • Fax: (519) 793-3823 www.northbrucepeninsula.ca Town ofTillsonburg 200 Broadway, 2"d Floor Tillsonburg, ON N4G SA 7 Attention: Donna Wilson, Clerk Dear Ms. Wilson: Re: Business Tax Capping Reform The Resolution received by the Town of Tillsonburg (attached), was reviewed by the Council of the Municipality of Northern Bruce Peninsula on July 23, 2012, relating to the above noted item. At this meeting, the following recommendation was carried and adopted by Council: "THAT Council supports the resolution received by the Corporation of the Town of Tillsonburg, requesting the Provincial Government 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 ofTillsonburg requests the Provincial Government to make these changes effective for the 2013 taxation year to coincide with the pending reassessment and relatedfour 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, be attached to and shall form a part of the motion. " The above is being provided for your information. Yours truly, ' ' 'f \. . . tl\vw :-·,.~ ~r-1 Mary Lynntaiilen, ~unicipal Clerk Municipality of Northern Bruce Peninsula ' .... l June 28, 2·) 12 Honourable Dalton McGuinty Premier oi Ontario Room 281. Main Legislative Building. Toronto, ON M7A 1Z8 The Corporation of the Town of Tillsonburg RE: COUrKtl Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: Whereas the Province of Ontario first introduced mandatory "business tax capping" for the commercial, mdustnal and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years. And whe· eas this 11temporary" and "transitional11 measure was succeeded by a permanent business tax capp1ng 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 ·vear. And whereas it has become evident over time that the protection provided under this program has been less relac~d to the original impacts of reform and more so due to the ongoing impacts of subsequent assessm~nt base updates. An<! whereas th1s 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 1ncreases for all properties; A.nd wh~~reas this program now has only a marginat impact on a very limited numt>er of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remain~ a significant burden on the financial and administrative resources of both the County and local munici~alities; There fer"? be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Arne 1d Part IX of the Municipal Act. 2001 and supporting regulatory provisions so as to make the entrrety of that Part (Bus mess Tax Capping) optional at the discretion of each upper and single tier JUrisdic:ion; and CORPORATE OFFICE 2011 Hroadway. 2"tl Fluor. Tillsonburg. Ontario, N4G 5/\7, Telephone {519) M8-:'i009. Fax (519~ K42-9431 www.tiliMlnburg.ca ( iCompass.TextBox.ItemDescription: Page 177 of261 July 30, 2012 The Corporation of the Town of Tillsonburg 200 Broadway Street 2nd Floor Tillsonburg, ON N4G 5A7 Attention: Donna Wilson, Clerk Dear Ms. Wilson: 3236 River St. P.O. Box 28 Alvinston. ON NON 1 AO Phone: 519.898.2173 Fax: 519.898.5653 Re: Council Resolution-Business Tax Capping Reform The following resolution was passed by the Council of the Municipality of Brooke- Aivinston at their regular meeting on Thursday, July 26, 2012: Motion # 6-07-26 Moved By Councillor Deans I Seconded By Councillor Alderman Be it resolved that the Council of the Municipality of Brooke-Aivinston supports the June 25, 2012 resolution from the Town of Tillsonburg that the Province amend part IX of the Municipal Act, 2001 and supporting regulatory provisions to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction. Carried Please feel free to circulate additional copies of this letter at your discretion. Yours truly, !l I.L-J·-ucLu~ ret Denkers Clerk ·I www.brookealvinston.com . ; July 31, 2012 CITY OF ST. CATHARINES Corporate Support Services P.O. Box 3012, 50 Church Street St. Catharines, ON L2R 7C2 Donna Wilson, Clerk Town of Tillsonburg 200 Broadway, 2"d Floor Suite 204 Tillsonburg ON N4G 5A7 Re: Business Tax Capping Reform Clerks Phone: 905-688-5600 1 Fax: 905-682-3631 TIY: 905-688-4TIY (4889) Please be advised that Council, at its meeting held July 23, 2012 considered the resolution from the City of Tillsonburg regarding Business Tax Capping Reform. The Mayor and Members of Council received and filed the correspondence. Inquiries may be directed to Corporate Support Services, City Clerk at Extension 1501. Yours truly Dan Carnegie Acting City Clerk Town r~{Orangel'ille :-:-11•-,{/(h:(,\ (t.u,t::t 1lfit·. f)mono. ( m1wla VH\' II\. I ,,., ~j(J_IJ-1/ i)-f-•{1 I'm. )/(J-IJ-1,' ll(.lJ3 rott h·n 1-80{1-9-/J-fltl-10 W\\\1 IHWI':.l\"il!l.t"(l Clt•rk 's Department Ext. 2242 E-mail: cjohns@orangeville.ca Email: AZimmer@tillsonburg.ca July 9, 2012 Ms. Amber Zimmer Deputy Clerk Town of Tillsonburg 204-200 Broadway 2"d Bloor Tillsonburg, ON N4G 5A7 Dear Ms. Zimmer: Thank you for providing us with a copy of the Town of Tillsonburg's resolution with respect to business tax capping reform. The Town of Orangeville has a policy that only resolutions from municipalities within the County of Dufferin, the Association of Municipalities of Ontario, and the Federation of Canadian Municipalities are placed on the Council agenda. It is suggested that other resolutions be referred to the appropriate Federal or Provincial Association for disposition. A copy of your resolution will be forwarded to members of council for their information. Yours truly, Cheryl Johns, AMCT Clerk CJ/mg ... c ... ~ London CANADA 300 Duffenn Avenue P.O. Box so::o, London. ON N6A4L9 July 11, 2012 D. Wilson, Clerk Development & Communication Services Town of Tillsonburg 200 Broadway 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Re: Business Tax Capping Reform This is to acknowledge your letter dated June 28, 2012 submitting a resolution to do with business tax capping reform. The London City Council has a policy with respect to resolutions from other municipalities directing the City Clerk to acknowledge such resolutions with the advice that the London City Council does not take action on resolutions received from other municipalities, but rather prefers to make its position on given subjects known through the appropriate municipal association or if it deems it necessary to do so, directly to the concerned Minister(s) of the Senior Government(s) involved. Sincerely, The Corporation of the City of London Office: 519-661-2500 ext. 4937 Fax: 519-661-4892 csaunder@london.ca www. london.ca 905-342-2818 The Corporation of the Township of Hamilton 8285 Majestic Hills Drive P.O. Box 1060, Cobourg, ON K9A 4W5 Tel: 905-3'12-2810 Fax: 905-342-2818 Email: info@hamiltontownship.ca Web: www.hamiltontownship.ca 1=tt®-51q-84-2-qfll. July 17, 2012 The Corporation of the Town of Tillsonburg 200 Broadway, 2"d floor Tillsonburg, ON N4G SA7 Attention -Donna Wilson, Clerk 02:56:05 p.m. 07-24-2012 Re: Tillsonbura -Council resolution regarding Business Tax Capping Dear Ms. Wilson: 111 Council of the Township of Hamilton received your letter dated June 28, 2012, regarding a resolution calling on the Government of the Province of Ontario to amend Part IX of the Municipal Act ( Business Tax capping). Council considered the request and made the following motion: 2012-428 Moved by Councillor Woods, seconded by Councillor Davison THAT the request from the Council of the Town of Tillson burg for a resolution of support to call 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 to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle, be received. CARRIED Should you have any questions please contact me. July 18 2012 Donna Wilson Town ofTillsonburg 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 Dear Ms. Wilson. l'c1 ~·o!ia (_;!-itant"J "\i()~ !KI! P!H)lH: ( 5 i ".>I i'{R:J.-2490 Re: Business Tax Capping Reform Duncdn \kLn 1sh. Mike Cumming. R,,,,; ""'''.,.,.,.ncJ:,, l\1ike Young. l'11hl:c ,, .. ,~_. i\ ,!h,;1 ."i~'\\o...'l I) !< () Please note that the Council of the Township ofEnniskillen at its regular meeting of June 28 2012 passed a resolution supporting the position of the Town ofTillsonburg in regards to the Business Tax Capping Program. Yours truly, /-D~~~l Clerk raVISI Tile Corporation of the Village of Westport 'O Bcd ford S1., I'.U. Bnx 6H Westport, \)nrario KN> IXO (6!ll273·2191 I Fax\6!1l27'-'460 ---------------------www.villa!{e.westport.on.ca July 18, 2012 Ms. Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway. 2"d Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 RE: Resolution-Business Tax Capping Reform This letter is to inform you that your above resolution requesting that the Government of the Province of Ontario amend Part IX of the Municipal Act, 2001, was presented to municipal council. After discussion the resolution was endorsed by our council at the council meeting held on July 161\2012, in the Village of Westport. If you require additional information, please contact the undersigned. Yours truly, .:::::_-_: ,-.--.~ .·,.;._/_· .f· / ~ r _'-/, _ _,.J.· ---;·_,-'(_',·; :-_..-i' Scott Bryce / Clerk/Treasurer SB/nnb July 20, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Attn: Donna Wilson Clerk Dear Ms. Wilson: RE: BUSINESS TAX CAPPING Please be advised that the Council of the Municipality of West Elgin, passed the following resolution at their meeting held on July 19, 2012: DULY MOVED AND SECONDED RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of Tillsonburg regarding business tax capping. DISPOSITION: Carried Please feel free to circulate this letter, as you feel necessary. Yours truly, I 11 "' ~;~~·~~~~an:~~~ Clerk 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2CO Tel: (519) 785-0560 Fax: (519) 785-0644 Township of SOUTH STORMONT P.O. Box 84, 2 Mille Roches Road Long Sault, ON KOC I PO Tel: (613) 534-8889 Fax: (613) 534-2280 e-mail: info@southstormont.ca Resolution No. lq{ ( '2-0 t-z_ Date: July 18, 2012 Be it resolved that Council supports the Town of Tillsonburg with regards to Business Tax Capping Reform; A ~ o~ ~ s -~ i"rD>+\~ b..,~~ 4-o ~6t ~.~~c;J:z ~ ~o-t:k. (gf-v ffCARRIED RECORDED VOTE: Councillor Brownlee Councillor Waldroff Councillor Woods Deputy Mayor Hart Mayor McGillis [] DEFEATED [] DEFERRED --J/~'01-Chalrpe~ ~ I TILLSONBURG DISTRICT Chamber,,,. Com mere.: July 23, 2012 To: Re: Report DCS 12-39 Marketable Town Owned Lands Resolution of Council dated July 9th, 2012 We are writing to express our concern over the Recommendations contained in Report DCS 12-39. We note that the minutes of Council from July 9th, 2012 indicate that "Council receive report DCS 12-39 Town Owned Lands, as information" and further that "Council adopt the recommendations contained therein". The majority of the identified lands have been transferred or dedicated to the Town through the subdivision process contained in the Planning Act. This legislative requirement ensures that there is adequate green space provided throughout a municipality. They are arrived at through a complex series of approvals, including draft plan approval of the subdivision through the County of Oxford. Throughout this process, the Town and/or County chose to accept dedication of park lands, over the alternative cash-in-lieu provisions contained in the Planning Act. Disposing of these lands sends a negative message to the development community. In particular, the entire vision for a subdivision can be compromised, as builders utilize green space as selling features for their lots, to offer buffering between land uses, and often co- ordinate the style of the subdivision with the plan for the green space. In a strongly competitive environment, the possibility that dedicated park lands might be sold off might deter potential developers and residents from investing in our Town. It also may result in misrepresentations being made to purchasers. We believe that the benefit to be obtained through sale of these park lands is far outweighed by the benefits to maintaining these lands as open/green space. We also understand that several of the identified properties (contained in the Hickory Hills and Baldwin Place subdivisions) are subject to agreements reached with their respective Residents' Associations. P.O. Box 113, Tillsonburg ON N4G 4H3 I' ;O•·. ,! _·l:,_ c.Permterra (])evefopment Corporation July 26, 2012 The Corporation of the Town of Tillsonburg To Whom it May Concern 18 JfarveyStreet, fJ"t!Ison6urg, Ontario N4q 3J6 C!'fione: 519-842-9090 p~ 519-842-7989 Please be advised that we strongly object to the sale of parklands .. . most specifically Property 11 as identified in Report DCS 12-39 Marketable Town Owned Lands dated June 25, 2012, located along Baldwin Street at the entrance to Wood Haven Subdivision. The subject lands were developed and conveyed by Permterra Development Corporation (Developer of Wood Haven Subdivision) to the Town of Tillsonburg as park dedication ... and for no other purpose. Properties in the vicinity of the said parkland were sold I purchased at a premium ... in part because of the existence of the park. The Official Plan indicates that it is the strategic aim of the Town to: satisfy the year round leisure needs and choices of Tillson burg residents, protect and enhance the existing leisure resources, and provide quiet seating or rest areas and open space linkages in new development to maintain a healthy physical environment and enhanced quality of life. The sale of such park lands is contrary to the stated position of the Town of Tillson burg Land Use Policies. In our opinion, the Town of Tillsonburg needs to work harder than communities located along the 401 corridor to attract people and business. The sale of parklands and other assets that add to our quality of life ... undermines the overall marketing effort. In addition, the net proceeds from the sale of such parklands is marginal after accounting for the costs related to sale including legal, survey, servicing, repair, and marketing costs ... in addition to the inherent loss to the community. The sale of such parklands is bad policy. We hereby request that the Town of Tillsonburg reverse any and all actions that may lead to the sale of such parklands. Please confirm that said Property 11 is not for sale. Truly, Permt4ra De~~lopment Corp~ation yl:t . \ / dl: v /' . \ / John(Gilv sy, P. E~Q.. fresident ._ ....... i~ECEIVEC Jli[ 3 0 2012 Mayor John Lessif and Town Council July 17,2012 Town ofTillsonburg 200 Broadway, 2"d Floor Suite 204 Tillsonburg,ON N4g 5A7 Dear Mayor and Coucillors: I have just learned of your intention to build two homes in GLENDALE PARK under the justification of a study on "Marketable Town Lands." I am a resident of the area and am deeply concerned at the loss of this space for commercial development versus play space for the neighborhood's many children and a quiet rest space for residents. I feel that this is a cash grab for short term gain over long term loss to the community This resolution must be overturned as loss far outweighs the gain .. Yours truly Alan G. Bolton 7 Rosalynn Circle Tillsonburg,ON N4G 5J4 A park that is surrounded mostly by fences or shrubbery is not a safe environment. It would be easy for someone to hide and lure a child. An isolated park also holds the potential for becoming a drug dealer's paradise because of the proximity of the high school. Families or groups who drive to the Park currently park along Allen Street in front of the Park. I can't imagine that new homeowners would be happy to have this continue -children piling out of cars, running across lawns? Because what child is going to pay attention and only go through the entrance to the Park? Children currently stand at the edge of the Park to catch either the bus for the Catholic school or one of the public schools. There is no sidewalk on that side of the street, so would they stand on someone's lawn? Right now they enjoy playing in the Park until the bus arrives, or standing or playing under the trees. They wouldn't be able to see the bus if they played in a park located behind the houses. One of the advantages of living in our subdivision is the diversity in ages. There are young mothers who babysit and get together in the Park to chat while their charges play. There are grandparents who take their visiting grandchildren to play in the Park. There are fathers who bring a group of young boys to play baseball. There are even seniors who specifically purchased a home here because of the various age groups, and because they like to see the young and old walking, riding bikes, playing in the park, etc. One recently told me, "I like to be where I can look out and see some action." It the park is surrounded by houses with fences or shrubs, it will likely not be used, except maybe as a dog walk. According to the Town's Subdivision and Development Guidelines, a developer is to provide parkland that "would provide a selling feature for potential new residents and provide a recreation area for existing residents of Tillsonburg." If two homes (or even one home) are built on Allen Street at the entrance to Glendale Park, these criteria would not be met. Anyone looking to buy a home in Broadway Estates can easily see the Park as they drive around, and it certainly has been a selling feature from many families. The Community Park, Recreation and Cultural Strategic Master Plan recommended the Town continue to have a functional and sustainable parks system, and "place an increasing focus on integrating non- programmed spaces within parkland, in order to allow spontaneous uses and provide flexibility in responding to evolving demographics." It further suggests "The Town's focus can be placed on selective improvement of existing facilities rather than the provision of new, capitally intensive facilities." How does building homes on the edge of Glendale Park accomplish this? No more spontaneous soccer games, no little boys getting together for a baseball game, no young moms meeting each morning while the children they babysit play in the park along with their own children, no young girls playing in the park until dusk because their parents are afraid to let them play in a park hidden by homes .... and on and on. Please consider these objections when this matter comes to a final vote. When one letter is received by a radio or TV station, they count it as having received 100 letters. Please regard this as 100 people objecting to building homes at the edge of Glendale Park on Allen Street. Sincerely, Peggy Radcliff July 30, 2012 Mayor John Lessi" & Town Council Town ofTillsonburg 200 Broadway, 2"'1 Floor. Suite 204 Tillsonburg, ON N4G SA 7 Re: Save Glendale Park We have resided c.n Fernwood Dr. since 1979 and were one of the first few houses in the neighbourhood. One ofthc reasons why we bought this lot was because we were told that the park space would always remain park space with no houses to be built on it ever. We watched our children and many other children play and enjoy the park through the years. Families from other parts of the iown come to enjoy the large play area. When you enter the subdivision from Christie Street, it is a large, open green space inviting you in. A real breath of fresh air!! The park is a calming 'Jlace and a step back from everyday busy life. Now, after all thc!o:e years, someone is proposing that it would be feasible to sell off part of the parkland. Does the "Director" of Development and Communication Services even live in Tillsonburg? By voting in favour to this proposal, does Town Council not realize that the park setting will be goqe forever. Building two homes will close off the park and this will affect everything! Will families continue to use the park if there is just a walkway to gain entrance? Where will families park their cars? The smaller park will not be easily seen from busy Allen Street so will this become a safety hazard for the children/young people using the park? Or because ofthe seciusion, will it be an invitation for illegal activities (i.e. drugs, violence)? Data shows that parks and natural areas not only enhance the quality oflife where they exist, they contribute to the mental well being in the area, contribute to enhanced property values, but most important bring p~ople together as advocates for the land. Parks are one of our most precious assets. Is the dollar profit worth sacrificing the benefits to our neighbourhood families? We understand there are other green spaces/park areas in Tillsonburg that are or could be in jeopardy now or in the future. We propose that Town Council seriously consider adopting a by- law which protect~ these green spaces/park areas in Tillsonburg. It is vital for our children and their children's children to have and experience safe, open green spaces to play and interact in. When the time co:nes, how will you decide? We challenge our council to have the foresight to keep our existing park lands green and untouched. Because once it's gone, it's gone! August 2, 20 12 Mayor John Lessif and Town Council Town ofTillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G SA 7 Dear Council Members: It has come to our understanding that Town Council has decided to proceed with reducing the Glendale Park area by selling off2lots in the area adjacent to Allen Street leaving only a walkway through to the park. If this is indeed true, we wish to express our disappointment with your decision and request you to reconsider. Open and green spaces are intended to remain just that. Currently, Glendale Park is an inviting area that is open to view for passers by to know it is there, see how clean it is and be encouraged to use its facilities without fear or concern. Such openness encourages a wide diversity of uses for pleasure and recreation and discourages vandalism and gatherings of individuals with less than ideal intent. If you need further validation of this point beyond what any police officer would know, then listen to the youth themselves. They know what their counterparts tend to do and those we spoke to, upon hearing of your plan, were very strong in their opinions that such a closed area would definitely attract drug activity and potentially worse. Tillson burg is a great town. Such green spaces as Glendale Park are important part of why Tillsonburg is what it is. While we appreciate the need to eliminate surplus expenses and keep taxes in control, the long term cost of such a decision could be multiples of the one time cash inflow you may reap from selling two lots. With respect, may we suggest that you could spend more time saving cost and illustrating environmental awareness by implementing much stronger policies in regards to waste reduction and increased recycling within town facilities and in our downtown area. If there are ways to dispose of recyclable material in the downtown, we are unaware but we have certainly seen garbage receptacles overflowing with plastic water bottles and tin cans. Likewise, it would appear the Lake Lisgar Water Park has done very, very little to recycle cardboard, etc .. For a period of time, we know that a summer student was taking home cardboard to put in their home recycling but, when they were no longer employed there, recycling efforts ceased. We hope the Water Park has implemented much better policies in this regard this summer but, if not, their past practices would indicate a definite opportunity for improvement. We appreciate your efforts on behalf of all residents ofTillsonburg and hope you will leave Glendale Park as it is and yet continue to search for other ways to save cost, protect our environment and keep taxes reasonable. Sincerely Glenn, Cheryl & Zach Buchner 5 Eden Place, Tillsonburg, ON N4G SM7 16 Glenridge Road Tillsonburg Ontario N4G4C7 July 19 2011 To Mayor J. Lessif and the Tillsonburg Town Council It has come to our attention that there is a possibility that two local lots could be sold in our subdivision. The sale of this green space would allow two homes to be built on the Allen street side of Glendale Park. We would be extremely disappointed ifthis happens. The park is the only green space in our area and it would be a crime to see it fully surrounded by homes. That action would inhibit visitors and only the adjacent home owners would know it exists. It is a very nice part of our area and used by many children and grandchildren. We hope you will give this a lot of thought and remember the people of this area. A few more trees would also improve this park. Yours truly /I{J-~-~ /··v~~L4~~ ~~ -# -:::3£= ~/ .£~ ~ CL ~ :fU(Yh~ ~ . -::GoJ..f.t,A r::vt__!_ 16 . 'm -e.a. d..; ~ tf:e . .; AQAL.c/eu:z::; £;.,'! _,dtud 9-----· .Ai£:i/ ·tit?,J. IV ~~4 7:1;::2; August 1, 2012 Mayor John Lessif 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 CAA School Safety Patrol Re: CAA helps drive school zone safety and youth leadership Dear Mayor Lessif, Founded in 1929, CAA's School Safety Patrol (SSP) program works to keep Ontario school children safe. Now serving more than 800 elementary schools across the province, SSP is delivered in partnership with 55 police services, numerous school boards, teachers and student volunteers. Over 20,000 elementary school students volunteer their time in the SSP program each year. SSP student volunteers learn valuable leadership skills, acting either as a foot or bus patroller, helping to ensure their peers remain safe at road crossings and on school buses. Foot patrollers monitor school crossings on roads and around schools, while bus patrollers assist their fellow students while boarding and disembarking school buses. Here are a few more program highlights: • 3.45 million volunteer hours are logged annually by our program volunteers • More than 80 cases of patrollers saving others from injury have been documented • Promote school zone safety by organizing safety campaigns with our police service partners throughout the province CAA will be highlighting the School Safety Patrol program at this year's AMO Annual Conference. Please visit us at booth 202 to enter CAA's giveaway and to see how the program makes a difference in communities. If you cannot make it to AMO and would like more information, please do not hesitate to contact us or visit our website at www.caasco.com/schoolsafety. We look forward to meeting you and telling you more about this great program. Regards, Caroline Grech Government & Community Relations CAA 905-7 4 7-5829 cg11 @caasco.ca r~ John Ennis Government & Community Relations CAA 905-771-345 7 jenn@caasco.ca CAA South Central Ontario, 60 Commerce Valley Drive E. Thornhill. Ontario L3T 7P9 Minister of State (Science and Technology} (Federal Economic Development Agency for Southern Ontario) July 5, 2012 Dear Sir/Madam: Ottawa, Ontario K1A OH5 Ministre d'Etat (Sciences et Technologie} (Agence federale de developpement economique pour le Sud de !'Ontario) The Government of Canada is committed to creating jobs, growth and long-term prosperity. As outlined in Economic Action Plan 2012, we are making investments to encourage economic growth and improve the quality oflife in communities across the country. I am pleased to announce the launch of the new Community Infrastructure Improvement Fund (CIIF), which will provide $49.6 million over two years to support repairs and improvements to existing small public infrastructure throughout Ontario. Infrastructure such as community centres, cultural centres and local sports facilities serve as important gathering places for families and contribute to building prosperous communities. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) will be administering this program. This investment will boost economic activity and create local jobs, while ensuring our community infrastructure facilities meet the needs of our residents in the long term. Given the short time-span over which the funding will be provided, this program is geared towards the repair and rehabilitation of existing community facilities as those generally require shorter lead times in terms of project start-up and completion and have lower project costs. Municipalities, First Nations governments, and community not-for-profit organizations with eligible projects that can be completed before March 31,2014, are invited to submit applications with your priority projects. If more than one application is being submitted, please indicate the priority ranking of your applications. We also ask and encourage you to share information about the new program with your local community organizations and not-for-profit entities that may have eligible projects. Under CIIF, eligible recipients may receive a non-repayable contribution of up to 50 percent of eligible costs of an infrastructure project with recipients providing the remaining balance. However, priority may be given to projects that require a CIIF contribution of only 33.3 percent. CIIF contributions will be up to a maximum of $1,000,000. Canada . . ./2 SOlAR POWfR nfTWORKTI' 235 Industrial Parkway South, Unit 3A, Aurora, ON L4G 3V5 I tel: 416.684.3156 I www.solarpowernetwork.ca Dear Mayor Lessif and Members of Council of the Town ofTillsonburg, Solar Power Network (SPN) is a thoroughly Ontarian company specializing in the installation of domestically-manufactured solar panels on unused commercial, industrial, and institutional rooftops. SPN has thus far partnered with 1 building owner in the Town ofTillsonburg and, in support ofthis partnership; we are seeking Council's endorsement to develop a rooftop solar network within the community. This endorsement will, under the new Feed-In Tariff program rules, grant priority to local businesses in receiving Ontario Power Authority (OP A) approval to commence installation, but will in no way circumvent the right of the Council for the Town ofTillsonburg to engage in review or oversight ofthese projects. Solar Power Network is not seeking and will not seek any financial or material aid from the Town ofTillsonburg. Unlike wind turbines or ground-level solar farms, rooftop solar neither ties up valuable real estate nor interrupts the natural beauty of the landscape. In fact, the one-of-a-kind zero-penetration panel mounting approach developed by our engineers installs at such a low profile as to generally be invisible from street- level, resulting in total preservation of building aesthetics. Encouraging the development of rooftop solar will further the environmental plan of the Town of Tillsonburg and stimulates local commerce without introducing problematic eyesores. Due to schedules imposed by the Ontario Power Authority, time is a factor in this endorsement process. If we are to begin developing these valuable partnerships during the 2012 calendar year, a resolution will need to be passed by end of August at the latest. SPN would be happy to send a delegation to address the Council for the Town ofTillsonburg at the next meeting on August 13th 2012, should it be required. Please also find enclosed in this information package a sample resolution (as drafted by the OPA), as well as a brochure explaining more about the Solar Power Network business model and installation process. We look forward to hearing from you, Peter Goodman President and CEO Solar Power Network PRESCRIBED FORM: MUNICIPAL COUNCIL BLANKET SUPPORT RESOLUTION (Section 6.1(c)(i)-FIT Rules, Version 2.0) Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules, version 2.0. RESOLUTION NO.: __________ _ DATE: __________ _ WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"). AND WHEREAS one or more Projects may be constructed and operated in [insert the name of the municipality]. AND WHEREAS, pursuant to the rules g()veming the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Municipalities will be awarded priority points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOL VEDT:Ili\ T: Council of the [insert the name of the muhicipality] supports without reservation the construction and operation of the Projef;ts a11ywhere in [il:Isert the name of the municipality]. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program a114 may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. This resolution shall expire twelve (12) months after its adoption by Council. 12314365.3 FIT reference number: . ______ _ (Note: Must be inserted by Applicant to complete Application) ~~ Report No: C-4 2012-210 J · COMMUNITY AND STRATEGIC PLANNING . ordCoun~ .. --. . . . Council Date: August 8, 2012 -growtng stronger. .. together To: FROM: SUBJECT: P. Beaton, Corporate Manager of Social Services and Housing/Interim CAO G. Hough, Corporate Manager of Community and Strategic Planning R. Walton, Director of Public Works D. Goudreau, Manager of Water Services P. Michiels, Senior Policy Planner Proposed Oxford County Source Protection Plan (SPP) Policies RECOMMENDATION That the draft Source Protection Plan policies for Oxford County, as attached to Report No. C-4 2012-210, be endorsed by County Council for the purposes of public consultation and that the policies be forwarded to the Lake Erie Region and Thames Sydenham Region Source Protection Committees so that they may initiate the public consultation process, as required by the Clean Water Act, 2006. Further, that a copy of this report by distributed to the Area Municipalities for their information. PURPOSE To present draft Source Protection Plan (SPP) policies for County Council endorsement, prior to the initiation of formal public consultation on the draft SPP policies by the Lake Erie Region (LER) and Thames Sydenham Region (TSR) Source Protection Committees (SPCs), as required under the Clean Water Act, 2006. BACKGROUND This report is the latest in a series of reports that have been presented to County Council over the last few years with a view to keeping Council apprised of the ongoing requirements, status and outcomes of the multi-year Source Protection Planning process. The most recent of these reports (C-4 2012-182) was presented to County Council on July 11, 2012. That report provided a summary of the draft SPP policies proposed for Oxford County and contained a copy of a complete set of draft policies for the Lake Erie Region SPP. It also identified potential staffing and financial implications related to the SPP implementation and outlined the remaining steps in the policy development process. The report also noted that County staff were still in the process of reviewing a number of additional non-binding (e.g. 'shall consider') type policies proposed by the TSR Source Protection Committee (SPC), to determine which of these policies could potentially be included in Oxford's draft policies for the TSR, in order to achieve a reasonable degree of policy consistency across the TSR. Following consideration of the report C-4 2012-182, County Council passed a resolution supporting County staff efforts to work with the LER and TSR Source Protection Authorities to refine and harmonize the Source Protection Plan policies that will apply within Oxford County, with the intent of presenting a revised draft of the proposed SPP policies to County Council for endorsement at their August 8, 2012 meeting. Since that time, County staff have completed their review of the TSR policies and, as a result, have incorporated a number of minor revisions Page 1 of 3 Report No: C-4 2012-210 COMMUNITY AND STRATEGIC PLANNING Council Date: August 8, 2012 legislative basis, policy development process and consultation and the rationale for the various policies. NEXT STEPS The TSR and LER Source Protection Committees are currently intending to authorize the initiation of formal public consultation on the draft SPP in mid to late August. Although it is not required by the CWA, the Source Protection Authorities have requested confirmation from municipal policy leads that their Council has endorsed the draft SPP policies for the purposes of public consultation, prior to SPC initiation of the public consultation process. Once the endorsed draft SPP policies for Oxford have been forwarded to the Lake Erie Region and Thames-Sydenham and Region SPCs, it will become their responsibility to undertake the formal public consultation on the draft policies, as set out by the Clean Water Act, and to make any resulting revisions. There are two statutory public consultation periods (a 35 day consultation period, followed by a 30 day notice period) following which the SPPs will be submitted to the MOE for final approval (Current deadline of December 31 5\ 2012). MOE staff have indicated that final approval of all the SPP's will not likely be completed until at least mid 2013. It should be noted that the County and/or Area Municipalities may still request the SPCs to consider revisions to the draft SPP policies as part of the first 35 day formal public consultation period, where deemed necessary and/or advisable. Once the SPPs are approved by MOE, municipalities will be required to comply with the significant threat policies contained therein, which will include ensuring that planning documents, by-laws and procedures are updated to be consistent with the SPP policies. SUMMARY The purpose of this report is to present the most current draft of Oxford County's proposed Source Water Protection policies for County Council to endorse for the purposes of public consultation. Once the draft policies have been endorsed by County Council they will be forwarded to the Source Protection Committees so that they may initiate the formal public consultation process. County staff will keep County and Area Municipal Councils apprised of any major policy revisions resulting from the public consultation process and continue to be available to meet with staff and Area Municipal Councils to discuss the proposed Source Protection Policies, where requested. "Paul Michiels" Paul Michiels, Senior Policy Planner Community and Strategic Planning "Gord Hough" Gordon Hough, MCIP, RPP, Corporate Manager Community and Strategic Planning PM/pm Dated: July 3151, 2012 OUR FILE: MOE 2-0 "Rob Walton" Rob Walton, P.Eng Director of Public Works "Paul Beaton" Paul Beaton, Corporate Manager Social Serv. &Housing/Interim CAO Page 3 of 3 DRAFT OXFORD COUNTY POLICIES-LAKE ERIE REGION Definitions General definitions are provided in Volume I of the Source Protection Plan or in the Clean Water Act, 2006. Defined terms are intended to capture both the singular and plural of forms of these terms. The following definitions shall apply to the Oxford County Source Protection Policies. Area Municipality -means one or more of the eight lower tier municipalities located within the County, consisting of the City of Woodstock, Town of Tillsonburg, Town of Ingersoll and Townships of Blandford-Blenheim, East Zorra-Tavistock, Norwich, Southwest-Oxford and Zorra. County-means Oxford County. Existing -except where otherwise indicated in this plan, means lawfully occurring as of the date the Source Protection Plan takes effect, or lawfully existing at some point during the five (5) year period immediately prior to the date the Source Protection Plan takes effect and intended to continue. New or Future -means an activity that is not existing. Oxford County Source Protection Plan Policies Implement. & Timing Except as set out below or as otherwise prescribed by Section 57 or 58 of the Clean Water Act, the policies contained in this Source Protection Plan shall come into effect on the date of the posting of the notice of approval of this Source Protection Plan on the Environmental Registry. a. For Section 57 of the Clean Water Act if an activity was engaged in a particular location before this Source Protection Plan takes effect, policies regarding prohibited activities do not apply to a person who engages in the activity at that location until 180 days from the date the Source Protection Plan takes effect; b. For Section 58 of the Clean Water Act, if an activity was engaged in at a particular location before this Source Protection Plan takes effect and the Risk Management Official gives notice to a person who is engaged in the activity at that location that, in the opinion of the Risk Management Official, policies regarding regulated activities should apply to the person who engages in the activity at that location on and after a date specified in the notice that is at least 120 days after the date notice is given; c. For Section 59 of the Clean Water Act, restricted land use policies shall come into effect on the day the Source Protection Plan takes effect; d. For Section 43 of the Clean Water Act, if an activity was engaged in a particular location before this Source Protection Plan takes effect, amendments to prescribed instruments shall be completed within three (3) years from the date the Source Protection Plan takes effect; e. For Section 40 of the Clean Water the amendments to the Official Plan 1 OC-CW-1.3 Part IV-RLU The above noted transition provisions shall cease to apply where: • any of the approvals or applications required to implement the proposed development have been denied by the applicable approval authority and, where applicable, the relevant appeal body, or have lapsed or been withdrawn; or • the significant drinking water threat activity associated with the proposed development is not commenced within the three (3) year period immediately following the date the Source Protection Plan takes effect, unless one or more of the above noted applications are subject to an appeal, in which case it shall be the (3) year period immediately following the date of the appeal body's decision; or • the significant drinking water threat activity associated with the proposed development is established, but is later ceased without the intent to continue. In accordance with Section 59 of the Clean Water Act, all land uses identified within the County Official Plan and/or Area Municipal Zoning By-Laws, with the exception of residential, that are located within a Well Head Protection Area (WHPA) A, B or C, which is the area within which the Source Protection Plan policies pertaining to Section 57 and/or Section 58 of the Clean Water Act may apply, are hereby designated as Restricted Land Uses and a notice from the Risk Management Official shall be required prior to approval of any Planning Act, Condominium Act or Building Permit application . .----------- -------I ~ ----~ -~ . ----~ - -_, OC-MC-1.4 Future Land Use Planning OC-CW-1.5 Existing/Future Education & Outreach The County shall amend the Official Plan and the Area Municipalities shall amend their respective Zoning By-Laws to: a. Identify the WHPAs in which a significant drinking water threat could occur; b. Indicate that within the areas identified, any use or activity that is, or would be, a significant drinking water threat is required to conform with all applicable Source Protection Plan policies and, as such, may be prohibited, restricted or otherwise regulated by those policies; c. Identify the significant drinking water threats that are prohibited through Prescribed Instruments, or Section 57 of the Clean Water Act, in accordance with the significant drinking water threat specific policies contained in this Source Protection Plan; and, d. Incorporate any other amendments required to conform with the significant drinking water threat specific land use policies identified in this Source Protection Plan. The County, in collaboration with Conservation Authorities and other bodies wherever possible, may develop and implement education and outreach programs directed at any, or all, drinking water threats, where such programs are deemed necessary and/or appropriate by the County and subject to available funding. Such programs may include, but not necessarily be limited to, increasing awareness and understanding of drinking water threats and promotion of best management 3 OC-NB-1.14 Future Specify Action WHPA-A-10 WHPA-8-10 OC-NB-1.15 Existing/Future Specify Action beyond the limits of lands u in connection with the existing significant drinking water threat activity on the day the source protection plan came into effect; and • the implementing body named in the applicable significant threat policy is satisfied that such replacement, modification and/or expansion: o will not substantially increase the size, volume and/or intensity of the existing significant drinking water threat activity; and o will either reduce or not increase the threat to drin water. To reduce the risks to municipal drinking water sources due to the conveyance of oil by way of underground pipeline within the meaning of Ontario Regulation 210/01 under the Technical Safety and Standards Act within a WHPA 'A' and WHPA 'B' with a vulnerability score of 10, a. The National Energy Board, Ontario Energy Board and the Ministry of Small Business and Consumer Services, in their consideration of any pipelines are encouraged to require appropriate design standards and monitoring and maintenance practices to prevent a pipeline from becoming a significant drinking water threat. A description of these practices should be provided to the Source Protection Authority and Risk Management Official when any new pipeline is proposed within a vulnerable area. b. The National Energy Board, Ontario Energy Board and the Ministry of Small Business and Consumer Services shall provide the Source Protection Authority with the location of any new pipelines proposed within the Source Protection Region. The Source Protection Authority shall document in the annual report the number of new pipelines proposed within WHPAs, where th would be a nificant drinkin water threat. ~=~=""' Environment is req to provide the the opportunity to review and comment on any new or amended applications for Environmental Compliance Approvals for a significant drinking water threat activity. The intent is to ensure the County is aware of any amendments or new applications for the purposes of providing comments to the Ministry of the Environment with respect to any local considerations or concerns that may be relevant to the Environmental C I' A I I I I I ~ -------~ ' ' " -~---- - -- ---- - ---- -- ---~I r:__ ----'-~·-~ L., . , --. ---·-----__ _:_----:-. J OC-NB-1.16 Existing/Future Strategic Action OC-NB-1.17 Existing/Future Strategic Action To ensure spill prevention plans, contingency plans, and emergency response plans are updated for the purpose of protecting municipal drinking water sources with respect to spills that occur within a WHPA along highways, or railway lines, a. The County is requested to incorporate the location of WHPAs into their emergency response plans in order to protect municipal drinking water sources when a spill occurs along highways or rail lines. b. The Ministry of the Environment is requested to provide mapping of the identified vulnerable areas to the Spills Action Centre to assist them in to rted Is alo The Ministry of Environment shall provide sufficient staff and financial resources to ensure the effective implementation of ongoing programs to ensure the decommissioning of abandoned water wells, in accordance with 0. Reg. 903 of the Ontario Water Resources Act. 5 Existing Prescribed lnstr. WHPA-A WHPA-8-10 OC-MC-3.4 OC-MC-3.5 Existing Prescribed lnstr. WHPA-A-10 WHPA-8-10 WHPA-8-8 WHPA-C-8 OC-MC-3.6 Future Prescribed lnstr. WHPA-A-10 WHPA-8-10 WHPA-B-8 WHPA-C-8 OC-MC-3.7 Existing/Future Prescribed lnstr. WHPA-A-10 WHPA-8-10 Existing Prescribed lnstr. WHPA-A -10 WHPA-8-10 For an existing sewage system-septic system or septic system holding tank <=>u'"l"''"~ to an Environmental Compliance Approval in accordance with the Ontario Water Resources Act, including upgrades and replacements to such systems, where these activities are significant drinking water threats, the Ministry of the Environment shall review, and where necessary, amend Environmental Compliance Approvals, to incorporate terms and conditions that, when implemented, ensure that septic systems or septic system holding tanks are managed to reduce the risk to municipal drinking water sources. The terms and conditions should include, but not necessarily be limited to, requirements for the proponent/applicant to undertake mandatory monitoring of groundwater impacts, contingencies in the event that drinking water quality is adversely affected, regular and ongoing compliance monitoring, mandatory system inspections at least every five (5) years, annual reporting to the Source Protection Authority and the County on any required inspection or monitoring programs and upgrading of these septic systems to current standards, where necessary. For a new sewage system-septic system or septic system holding tank requiring an Environmental Compliance Approval, in accordance with the Ontario Water Resources Act, where these activities would be significant drinking water threats, the Ministry of the Environment shall prohibit these activities through the Environmental rovals nrn,_.,.,.,, For any existing sewage system-sewage treatment plant effluent discharges or storage of sewage, where these activities are significant drinking water threats, the Ministry of the Environment shall review, and where necessary, amend Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, ensure that these activities do not become a risk to municipal drinking water sources. For any new sewage treatment plant effluent discharge or storage of sewage, where these activities would be significant drinking water threats, the Ministry of the Environment shall prohibit these activities through the Environmental Compliance Approvals process. For any existing or new sanitary sewer and related pipes, where these activities are, or would be, significant drinking water threats, the Ministry of the Environment shall ensure that Environmental Compliance Approvals for these activities are prepared, or, where necessary, amended to incorporate terms and conditions that, when implemented, will ensure these activities do not become a risk to municipal drinking water sources. The terms and conditions may include, but not necessarily be limited to, requirements for regular maintenance and inspections by the holder of the Environmental For any existing stormwater management facility that discharges stormwater, re this activity is a significant drinking water threat, the Ministry of the Environment shall review and, if necessary, amend Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, will ensure that this activity does not become a risk to municipal drinking water sources. OC-MC-3.9 For any new stormwater management facility that would discharge stormwater Future where this activity would be a significant drinking water threat, the Ministry of the 7 -OC-CW-8.1 Existing/Future Part /V-RMP WHPA-A-10 OC-CW-9.1 Existing Part IV-RMP WHPA-A-10 WHPA-8-10 OC-CW-9.2 Future Part IV-Prohibit WHPA-A -10 Existing Part IV-RMP WHPA-A -10 WHPA-8-10 OC-CW-11.2 Future Part IV-Prohibit WHPA-A -10 WHPA-8-10 Existing/Future Part IV-Prohibit WHPA-A-10 WHPA-8-10 For the existing or future application of commercial fertilizer to land where this activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any existing handling and storage of commercial fertilizer, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any new handling and storage of commercial fertilizer, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. For any new handling and storage of pesticide threat circumstances, where the total mass of all materials stored that contain a pesticide prescribed under the Clean Water Act, in any form, including liquid or solid, is more than 2500 kilograms, and where this activity would be a significant drinking water threat, this activity shall be designated for the purpose of Section 57 of the Clean Water Act and shall be For any ng or new ng storage of road salt, where this activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. i -~ ----~ ---r -- ' ' OC-CW-13.1 Existing Part IV-RMP WHPA-A-10 WHPA-8-10 OC-CW-13.2 • ~ ---• L - ---- For any existing storage of snow, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For any new storage of snow, where this activity would be a significant drinking 9 OC-CW-17.1 Future Part/V-RMP WHPA-A -10 WHPA-B-10 OC-CW-18.1 Existing/Future Part/V-RMP WHPA-A-10 WHPA-8-10 For existing handling and storage of an organic solvent, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For new handling and storage of an organic solvent, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. For a new airport where there could be runoff containing de-icing chemicals, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. For the existing or future use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard, where these activities are, or would be, a significant drinking water threat, they shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. 11 ', 1 ..... _, -\GI..o'lf;.RS1 "" ., . ____.,.__.. .. -.., I I / I r- / / ,____-r-··-\"' I l \ 1 \'?, I ,>}:· \ \ \~ ~· \ \ \ ------· -__ 'I.?------~-----------· '· \ \ s!\oWNS\1\1..\..E ~'~0 . ------···'"--~ ---.--~ 5 \' \. I \ ' ' Note: This table provides a summary of where activities listed in the Clean Water Act {2006) apply as Prescribed Drinking Water Threats (PDWT). For further details, users should refer to the Source Protection Plan and the of the Environment Drinking Water Threats Tables. Prescribed Drinking Water Threat \ \ g s\ 0\ ~\ G.'\ Z• tn\ Brownsville Station 0 Brownsville 6 ', .~ :r ·------~pPv-s ~ _______ ..... -~--------- i\ ~ N 300 I -----I ---1 --1 Meters SDRINKING WATER OURCE nni'"\,Tr,..,... • .,..,. Significant Drinking Water Threat Policy Applicability Map Oxford County: Brownsville Water Supply • Well Roads Property Boundaries Minor Rivers Lakes I Main Rivers Wellhead Protection Zones: c::J WHPA-A C=:J WHPA-B --1 L __ WHPA-C Vulnerability Score: -10 2;4;6 Lake Erie Source Protection Region www.sourcewater.ca Catfish Creek Source Protection Area @Ontario w Produced by GRCA on behalf of the Lake Erie Source Protection Committee, April 2, 2012 '/ 10~~p-ROP-l).!-__ _ '· /,i I I .'/ '' /) '' j'' .' // /'1 ., I I I \ / I --~-~-1 I / / / / I ..... .... ..... .... ' P~o-,.___ ~i>E:c'; -'F ( 8f ' I \ ____ .-~---· ' \ o~F.?~3.!--~-____c-- l\ N 0 400 .-r 1 .---J Meters .----~ \~ ';;.> "\\ ',.- Drumbo \~ SDRINKING WATE OURCE nnr'lt.-rrr-r•. Significant Drinking Water Threat Policy Applicability Map County of Oxford: Drumbo Water System • Well Roads Property Boundaries Minor Rivers Lakes I Main Rivers Wellhead Protection Zones: c::J WHPA-A CJ WHPA-B --1 L __ WHPA-C Vulnerability Score: -10 2,4,6 Lake Erie Source Protection Region www.sourcewater.ca Grand River Source Protection Area ®Ontario ~ ----- Produced by GRCA on behalf of the Lake Erte Source Protection Committee, May 8, 2012 Well Well t~Ol_'.~~~~-.. -----·\a \ \~ ' I \~ I ~_\~~~_: . .--~---L-·- ~":L~!.E.----~ ~ z Otterville ~ "' Note: This table provides a summary of where activities listed in the Clean Water Act (2006) apply as Prescribed Drinking Water Threats (PDWT). Forfurther details, users should refer to the Source Protection Plan and the Brown's Corners I; ~~ 1$ \ \, g'f\'1!'.0 0 \ \ \ L\ N 500 I I --,---I I --· I Meters SDRINKING WATERN OURCE PROTECTIO ~------· '"'"'' rvrt \.a.EAN WATER'-._ Significant Drinking Water Threat Policy Applicability Map Oxford County: Otterville Water Supply • Well Roads Property Boundaries Minor Rivers Lakes I Main Rivers Wellhead Protection Zones: ~ WHPA-A c:::J WHPA-B --1 l __ WHPA-C Vulnerability Score: -10 8 Lake Erie Source Protection Region www.sourcewater.ca Long Point Region Source Protection Area ,.,. ....... , ®Ontario •· "'-:::./ Produced by GRCA on behalf of the Lake Erie Source Protection Comm lttee, March 26, 2012 .... / / I I ,.-/ ~ / , I I \ ' ' ..... ..... -~:!}_(;R~~-- ----~ 0 ~ 0 ' ~~ .... ·"' \ \ ,..""\ \.___.:\------ I Springford ~~------\~ -I :0 \'A ) ___ .l,~ .. i ---------\- \ '·-z \m ;'-< I <E. \(/I Note: This table provides a summary of where activities listed in the Clean Water Act (2006} apply as Prescribed Drinking Water Threats (PDWT). For further details, users should refer to the Source Protection Plan and the of the Environment DrlnklnR Water Threats Ta t-A!'INS'f'C---------~ ____ :..------ L\ N 0 500 1--I -----,-----I I~ Meters SDRJNKING WATERN·~­ OURCE PROTECTIO ·~-----· ~"'"' ru11~,.;LEAN WATER'-_ Significant Drinking Water Threat Policy Applicability Map Oxford County: Springford Water Supply • Well Roads Property Boundaries Minor Rivers Wellhead Protection Zones: c:J WHPA-A CJ WHPA-B --1 L __ WHPA-C Vulnerability Score: -10 2;4;6 Lake Erie Source Protection Region www.sourcewater.ca Long Point Region Source Protection Area ®Ontario ,..-, -•. ~:/ Produced by GRCA on behalf of the Lake Erie Source Protection Committee, April 2, 2012 1. Local Threat OXFORD COUNTY -.'-·"f(~N~iO!-I~Wl ~'/'1'{3 TOWN OF .. TILLSONBURG 1>()~~~~.---------,.'\ i~ N 0 500 I I I I 1 1 Meters TOWNSHIP OF NORWICH .. -~-,--~- DRINKING WATER SOURCE PROTECnoN .. -----.... """-• rv11: ..,.. ... EAN WATER\._,_ Significant Drinking Water Threat Policy Applicability Map Oxford County: Tillsonburg Water Supply (Southeast Wellfields) • Well Roads Cl Upper f Single Tier Municipal Boundary Property Boundaries Minor Rivers Lakes f Main Rivers Wellhead Protection Zones: Cl WHPA-A CJ WHPA-B --1 l __ WHPA-C Vulnerability Score: -10 -8 2;4;6 Lake Erie Source Protection Region www.sourcewater.ca Long Point Region Source Protection Area ®Ontario ,....-, lA: ~/ Produced by GRCA on behalf of the Lake Erie Source Protection Committee, April 2, 2012 3.0 Source Protection Plan Policies 3.1 General Policies OC-1.01 Implementation Timing (3169) Except as set out below, or as otherwise prescribed by the Clean Water Act, the policies contained in this Source Protection Plan shall come into effect on the date of the posting of the notice of approval of this Source Protection Plan on the Environmental Registry. 1. For policies written pursuant to Section 43(2) of the Clean Water Act (prescribed instruments), amendments to existing prescribed instruments shall be completed within three (3) years from the effective date the Source Protection Plan; 2. For policies written pursuant to Section 40(2) of the Clean Water Act (Official Plan conformity), amendments to the Official Plan required to conform with the policies of this SPP shall be initiated by the County within three (3) years from the effective date of the Source Protection Plan, or as part of the next Official Plan Review undertaken in accordance with Section 26 of the Planning Act, whichever comes first. Amendments to Zoning By-Laws required to conform with the significant threat policies shall be initiated by the Area Municipalities within two (2) years of the adoption of the Official Plan conformity amendments; 3. Policies written pursuant to Section 22(6) of the Clean Water Act (other contents), shall be implemented two (2) years of the effective date of the Source Protection Plan; and 4. Policies written pursuant to Section 22(7) of the Clean Water Act (incentive programs and education and outreach) shall be implemented within two (2) years of the effective date of the Source Protection Plan. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy 3-1 8/2/2012 OC-1.03 Restricted Land Use (3174) In accordance with Section 59(1) of the Clean Water Act, all land uses identified within the County Official Plan and/or Area Municipal Zoning By- Laws, with the exception of residential, that are located within a Well Head Protection Area (WHPA) A, B or C, which is the area within which the SPP policies pertaining to Section 58 and/or Section 59 of the Clean Water Act may apply, are hereby designated as Restricted Land Uses and a notice from the Risk Management Official shall be required prior to approval of any Planning Act, Condominium Act or Building Permit application. The Risk Management Official may issue more detailed direction with respect to the specific land uses geographic areas and/or types of applications that are required to obtain a notice in accordance with Section 59 of the Clean Water Act, by providing such direction, in writing, to the Clerk of each Area Municipality and the County Manager of Community and Strategy Planning. Where the Risk Management Official has issued such written direction, it will take precedence for the purposes of complying with this policy. OC-1.04 Official Plan and Zoning By-law Amendment(s) (3199) The County shall amend the Official Plan and the Area Municipalities shall amend their respective Zoning By-Laws to: 1. Identify the WHPAs in which a significant drinking water threat could occur; 2. Indicate that within the areas identified, any use or activity that is, or would be, a significant drinking water threat is required to conform with all applicable Source Protection Plan policies and, as such, may be prohibited, restricted or otherwise regulated by those policies; 3. Identify the significant drinking water threats that are prohibited through Prescribed Instruments, or Section 57 of the Clean Water Act, in accordance with the significant drinking water threat specific policies contained in this Source Protection Plan; and, 4. Incorporate any other amendments required to conform with the significant drinking water threat specific land use policies or to have regard for the low and/or moderate threat specific land use policies identified in this Source Protection Plan. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy RLU LU Plan 3-3 8/2/2012 OC-1.07 Education and Outreach (3242) Education and Outreach programs designed to increase awareness and understanding of drinking water threats, and promote best management practices as a means of reducing the risks to drinking water sources, shall be developed and implemented collaboratively by the County/Conservation Authority/Provincial partners with the Conservation Authority providing a lead role. The programs shall address low, moderate and significant drinking water threats with the priority placed on significant drinking water threats. The focus should be on incorporating Drinking Water Source Protection messaging into existing education and outreach materials and programs as a first priority. New education and outreach materials and programs may also be developed and implemented, if deemed necessary and/or appropriate and be subject to available funding. The County and Conservation Authorities, in collaboration with the Province (Ministry of Environment), should consider options for the long- term support of education and outreach programs. The program scope shall be subject to available funding. OC-1.08 Incentive Program Development (3243) The County and Conservation Authorities, in collaboration with the Province (Ministry of Environment) and other bodies where possible, shall consider supporting existing incentive programs and/or where deemed necessary or appropriate, the development and implementation of new incentive programs directed at existing significant drinking water threats. Such incentive programs may include, but not necessarily be limited to assisting with the costs of implementing risk mitigation practices and transport pathway maintenance and decommissioning and shall be subject to available funding. Incentives shall only be considered for existing significant drinking water threats as prescribed in 0. Reg. 287/07, with the exception of: the application of untreated septage; the storage of mine tailings; the application of non-agricultural source material (NASM); the handling and storage of NASM; and the management of runoff that contains chemicals used in the de-icing of aircraft. OC-1.09 Incentive Program Funding (3244) The Province (Ministry of Environment) shall be encouraged to continue funding the Ontario Drinking Water Stewardship Program, as outlined in Section 97 of the Clean Water Act, 2006 and Section 69 of 0. Reg. 287/07, to adequately fund risk management practices for significant drinking water threats in areas where signficant threats may occur. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy Educate lncent lncent 3-5 8/2/2012 3.2 Significant Threat Policies OC-2.01 Existing Waste Disposal Site -Management (3201) Waste For any existing waste disposal site within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act that is subject to a Environmental Compliance Approval, where this activity is a significant drinking water threat, the Ministry of the Environment shall review existing Environmental Compliance Approvals, and where deemed necessary, shall amend the Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, ensure that this activity is managed to reduce the risk to municipal drinking water sources. OC-2.02 Existing Waste Disposal Site -Management (Sec.58, CWA) (3239) E)cistiQg Significant COnform. with MOE Ar Instrument E>dSti~g Significant Waste For any existing waste disposal site, or aspect thereof, within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario co.ntorm:with Water Resources Act that is not subject to an Environmental Compliance ··••· .Ri~~Maftagementciffiaal Approval where this activity is a significant drinking water threat, it is designated for the purpose of Section 58 of the Clean Water Act and a RMP Risk Management Plan shall be required. OC-2.03 New Waste Disposal Site -Prohibition (3202) Waste For any new waste disposal site within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act, that requires an Environmental Compliance Approval, where this activity would be a significant drinking water threat, the Ministry of the Environment shall prohibit this activity through the Environmental Compliance Approvals process. OC-2.04 New Waste Disposal Site-Prohibition (Sec. 57, CWA) (3240) Waste For any new waste disposal site, or aspect thereof, within the meaning of Part V of the Environmental Protection Act or as defined by the Ontario Water Resources Act that does not require an Environmental Compliance Approval, where this activity would be a significant drinking water threat, it is designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. OC-2.05 Existing Septic Systems and Holding Tanks -Management (3203) (Maintenance Inspection) Sewage For any existing septic system or septic system holding tank regulated under the Ontario Building Code Act, including upgrades and replacements of such systems, or a new septic system or septic system holding tank regulated under the Ontario Building Code Act required for a municipal water supply well, where these activities are, or would be, a significant drinking water threat, a. The County shall implement an on-site sewage system maintenance inspection program, as required by the Ontario Building Code Act. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy Existiog .aignilicallt ce~ormwith MOE ·. · Pr Instrument Future ·Significant . Conform with R!~k M~e!Uent Offici.al Prohibit Existing Significant Conform with Municipality Specify Action 3-7 8/2/2012 OC-2.1 0 New Sewage Treatment Plant Effluent Discharge or Storage of (3208) Sewage -Prohibition Sewage For any new sewage treatment plant effluent discharge or storage of sewage, where these activities would be a significant drinking water threat, the Ministry of the Environment shall prohibit these activities through the Environmental Compliance Approvals process. OC-2.11 Sanitary Sewers and Related Pipes -Management (3209) Sewage For any existing or new sanitary sewer and related pipes, where such activity is, or would be, a significant drinking water threat, the Ministry of the Environment shall ensure that Environmental Compliance Approvals for these activities are prepared, or, where necessary, amended to incorporate terms and conditions that, when implemented, will ensure such activity ceases to be, or does not become a significant threat to municipal drinking water sources. The terms and conditions may include, but not necessarily be limited to, requirements for regular maintenance and inspections by the holder of the Environmental Compliance Approval. OC-2.12 Existing Stormwater Discharge -Management (3210) Sewage For any existing stormwater management facility that discharges stormwater, where this activity is a significant drinking water threat, the Ministry of the Environment shall review and, if necessary, amend Environmental Compliance Approvals to incorporate terms and conditions that, when implemented, will ensure that this activity ceases to be a significant threat to municipal drinking water sources. OC-2.13 New Stormwater Discharge-Prohibition (3211) Sewage For any new stormwater management facility that would discharge stormwater where this activity would be a significant drinking water threat, the Ministry of the Environment shall prohibit this activity through the Environmental Compliance Approvals process. OC-2.14 Application of Agricultural Source Material -Prohibition (3212) ASM application For any new or existing application of agricultural source material to land within a WHPA 'A', where such activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy ~ \-.. Future Significant . COnfOrm With MOE Pr lm;trument Futul'e & . EXiSting Significant Conform with MOE ·Pi' instrument Existing Significant ·. ·· Qontcim With .MOE : .Pr.lrnstrumem FL!ture . Significant WHPA~A(10) .. WHP"lB.(tO) . d()t!lftirtn With MOE Pr :Instrument EXisting Future Significant Comormwith Risk Management Official Prohibit 3-9 8/2/2012 OC-2.19 Existing Handling and Storage of Non-Agricultural Source Material - (3217) Management NASM h&s For any existing facility for the handling and storage of non-agricultural source material where this activity is a significant drinking water threat, the Ministry of Agriculture, Food and Rural Affairs, or Ministry of the Environment, as applicable, shall review, and if necessary, amend the required Non-Agricultural Source Material (NASM) Plan, in accordance with the Nutrient Management Act, or Environmental Compliance Approval, in accordance with the Environmental Protection Act, to ensure such Plans/Compliance Approvals incorporate terms and conditions that, when implemented, ensure that this activity is no longer a risk to municipal drinking water sources. OC-2.20 New Handling and Storage of Non-Agricultural Storage Material - (3218) Prohbition NASM h&s For any new handling and storage of non-agricultural source material, where this activity would be a significant drinking water threat, the Ministry of Agriculture, Food and Rural Affairs or Ministry of the Environment, as applicable, shall not approve a Non-Agricultural Source Material (NASM) Plan in accordance with the Nutrient Management Act, or Environmental Compliance Approval in accordance with the Environmental Protection Act, that would perm it this activity where it would be a significant drinking water threat. OC-2.21 Application of Commercial Fertilizer to Land -Management (3219) Fertm:zetiipplicati9n For the existing or future application of commercial fertilizer to land where this activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required OC-2.22 Existing Handling and Storage of Commercial Fertilizer -Management (3220) Fertilizer h&s For any existing handling and storage of commercial fertilizer where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. OC-2.23 New Handling and Storage of Commercial Fertilizer-Prohibition (3221) Fertilizer h&s For any new handling and storage of commercial fertilizer, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy Existing Sign~aiJt Conform With MOE OMAFRA Pr Instrument Fl!lture Sigi'Jificant OcmfOITill ·With '<' OMAFfiA · · Pr'lnstrument Existing FUture Sig~ifioa~ Risk Mcitl~g~~~,f<ltficial RMP Exi~ing .~gnificant . : . Pt~mtot!ill Wi•h . ·Risk ManaQ~rfiehtatfipial RMP Future Sigmificant COnform with . Risk M.an~em~ Official Prohibit 3·11 8/2/2012 OC-2.30 New Storage of Snow -Prohibition (3228) Snow storage For any new storage of snow, where this activity would be a significant drinking water threat, it shall be designated for the purpose of Section 57 of the Clean Water Act and shall be prohibited. OC-2.31 Existing Handling and Storage of Fuel -Management (3229) Fuel h&s For existing handling and storage of fuel, where this activity is a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. OC-2.32 New Handling and Storage of Fuel (3230) Future · 'Signifieailt CtlnfE!rin ~~ Risk Mamigetnent Official '' . ··:_:·_; ,'·-·:, Prohibit <EX!$ting '· ' ·:~~~gil~~FJI ; -_ .. ·- ·... ;\'~tlrih'W\Ih ,Risk·M~i!g~~ent9fllci~l 'RMP Future '~g~ificant Fu~l h&s For new handling and storage of fuel, where this activity would be a ;·. , ,, significant drinking water threat, ·····• •: GQQtQim ~h g~ .. ~:::~~f~~~·~~!,~~:~~::~u=~:~::~::17 :::~: ~K~~ for back-up generators at municipal supply wells shall be designated for ·Prohibit the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. OC-2.33 Handling and Storage of DNAPL -Management (3231) DNAPL For any existing or new handling and storage of a dense non-aqueous phase liquid, on properties zoned exclusively for residential and/or environmental protection purposes in the Area Municipal Zoning By-Laws, where this activity is, or would be, a significant drinking water threat, 1. The County, in collaboration with the Source Protection Authority, Area Municipalities, the Ministry of the Environment, and/or other bodies wherever possible, shall develop and implement an education and outreach program directed at the owners and/or occupants of such properties. The program may include, but not necessarily be limited to, the provision of education material and information about the nature of the threat, how DNAPLs can be identified and handled and disposed of in a manner that would reduce or eliminate the threat to municipal drinking water sources. 2. Notwithstanding (OC-2.33a), where the quantity and/or volume of DNAPLs handled or stored on a property exceeds that typical of household use, the handling and storage of a dense non-aqueous phase liquid shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy . ··.~isting · • ,. • ·> F!ltwre ·., ·e:~itJ·iQ&Exi~ing · · ... ':..'' •§/b~ifjP~filt ·Conform with Str!lt!JQic ConsEifvation .Authority .¥0E .··.·Municipality Risk Management Official ··Educate RMP 3-13 8/2/2012 OC-2.40 The Use of Land as Livestock Grazing or Pasturing Land, an Outdoor (3238) Confinement Area or a Farm Animal Yard -Management .Existing ·Future Uvestock For the existing or future use of land as livestock grazing or pasturing land, $!Qfimcarrt an outdoor confinement area or a farm-animal yard, where these activities are, or would be, a significant drinking water threat, they shall be .COnform with designated for the purpose of Section 58 of the Clean Water Act and a Risk Man~~offi~ial Risk Management Plan shall be required. OC-2.41 Nutrient Management Act-Compliance Monitoring (3260) . ASM Clpplication To reduce the risk to municipal drinking water sources from activities that ASM storage are regulated under the Nutrient Management Act, where such activities Fertilizer application are, or would be, a significant drinking water threat, the Province, through NASM h&s the Ministry of Environment Agricultural Officer, should consider source NASM application protection information as a criterion when setting inspection targets and priorities as part of the Ministry's on-farm compliance program. OC-2.42 Existing Application of Untreated Septage to the Land -Inspections (3261) Waste To reduce the risk to municipal drinking water sources from existing land application of untreated septage in where such activity is or would be a significant drinking water threat, the Province (Ministry of Environment) shall consider source protection information as a criterion when setting inspection targets and priorities. OC-2.43 Existing Waste Disposal Sites -Environmental Compliance Approval (3262) Fees Waste To reduce the risk to municipal drinking water sources from existing waste disposal sites where such activities are a significant drinking water threat, the Province (Ministry of Environment) shall consider waiving application fees in instances where Environmental Compliance Approvals (ECA) are required to be amended for the sole reason of satisfying the policies in the Plan. Thames-Sydenham and Region Source Protection Plan Volume 2-Policy RMP ·· · Fl!ilt.lffl ·&,'Existing Sigliiificant \'.' ':: ,-:: ·.·:' Sirat~ic MOE SpecifY Actian FUture & EXisting ~lilnificarn · ··· Stiat~ic . · , < , .. ~i;',·;.;~,MQE ~eeif¥ Action .·i;xiSting : · ·~iQ.r;Jificant Strategic .MoE Specify Action 3-15 8/2/2012 3.3 Moderate and Low Threat Policies OC-3.01 Low and Moderate Threat Pesticide Application -Management (3272) (Pesticides Act) Pesticide application To reduce the threat to municipal drinking water sources from the land application of pesticides, the Province (Ministry of Environment) shall consider reviewing and amending Pesticide Permits issued under the Pesticides Act, to incorporate conditions to address the protection of municipal drinking water sources where this activity is or would be a low or moderate drinking water threat. OC-3.02 Moderate Threat-Location of New Road Salt Storage (Land Use (3273) Planning) Road Salt h&s For proposals involving the future handling and storage of road salt, wgere such activity would be a moderate drinking water threat, municipalities should consider encouraging such activities to locate in areas with a vulnerability score of less than six (6) through their development review processes. Where it is not feasible to locate the activity outside of such areas, municipalities should consider establishing minimum design standards in order to reduce the potential threat to municipal drinking water. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy . FIJJlilte & .Existing Low 'Mpdei"ate Furore . ; :-: ·"-~ '·tow _-·-·-W~P~~'(1-Q) ,>.\:.••;·;,~~l~A~~~(:::~ wHP.Me·(s, a.·1:.s. 1.2. 1. 6:4, 6.8; 5.6, 5.4, '4'i9, ~.8, 4.5) -8G~:<6> HVA~6) . ' !<lave Regtu:d to --~laAnihg .Approval Authority LUPian 3-17 8/2/2012 OC-4.05 New Transport Pathways Reporting Guidance (3268) The conservation authorities within the Source Protection Region shall work collaboratively with the municipalities of the Source Protection Region to develop guidance to identify the activities that will create transport pathways and the locations within which municipalities are required to provide notification of such new or altered transport pathways in accordance with Section 27(3) of O.Reg. 287/07 of the Clean Water Act. This guidance shall be available as soon as possible after the Source Protection Plan comes into effect. OC-4.06 Transport Pathway Identification (3269) The Province (Ministry of Environment), in collaboration with municipalities and Conservation Authorities, shall consider developing a program designed to identify transport pathways within Wellhead Protection Areas (WHPAs) A, 8, C and D. OC-4.07 Well Inspection -Provincial (3270) The Province (Ministry of Environment) shall consider prioritizing the enforcement of the requirements of 0. Reg. 903 of the Ontario Water Resources Act through well inspections using officials with appropriate skills and training. Resources should be focused in areas where improperly constructed, maintained, decommissioned or abandoned wells may increase the potential threat to municipal drinking water sources. The MOE should respond in a timely manner to any deficient wells brought to their attention giving due regard for the increased risk to the municipal drinking water source as identified by the Assessment Report. OC-4.08 Transport Pathways -Management (3271) Municipalities should consider the effect of municipal infrastructure and development servicing on the vulnerability of a Wellhead Protection Area (WHPA) in order to ensure such transport pathways are appropriately managed and/or designed so that they do not increase the risk to municipal drinking water. OC-4.09 Professional Standards Maintained for Well Drillers (MOE) (3276) To reduce the risk to municipal drinking water sources from transport pathways located within vulnerable areas, the Province (Ministry of Environment) shall consider placing greater focus on the enforcement of standards and requirements for wells to be installed by licensed installers and decommissioned according to applicable standards by qualified individuals. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy Strategic Conservation Authority Municipality Specify Action Strategic bonservatiQA Aliltl'iol:ity .. MoE Ml!lrniciPiillity specifY Action WHIWA · · ··WHPA~B WHPA~C Stta.tegic MOE Specify Action Strategic Municipality Specify Action WHPA-A WHPA-B WHPA~C WHPA-D WHPA-E SGRA HVA Strategic MOE Specify Action 3-19 8/2/2012 5.08 Annual Reporting -County (1064) The County shall provide a report to the Source Protection Authority, by February 1st of each year, summarizing the actions taken by the County to implement the Source Protection Plan Policies, where required by the policies and not forming part of the report from the Risk Management Official required under OC-5.04 and OC-5.05. 5.13 Monitoring Guidance (1075) The Upper Thames River Conservation Authority, in collaboration with the Source Protection Committee, the St. Clair Region Conservation Authority, and Lower Thames Valley Conservation Authority, and the policy implementers, shall develop monitoring and reporting guidance that will outline the specific contents and format of the monitoring report. This guidance shall be available February 1 of the year prior to the due date for the monitoring report. This guidance shall be adhered to by all implementers of monitoring policies contained in this Source Protection Plan when preparing and submitting the required monitoring report. Thames-Sydenham and Region Source Protection Plan Volume 2 -Policy Municipal!t)' Conform With . Conservation Authority Conform with 3-21 8/2/2012 Ingersoll /- / __ 19TH ll\N _ ..,.~ "· . ~QG~_.... ,,/ \ \ ~/-- \ / Zorra \,~/- _.----· 2km ~i \t \t. \ ,/ <$/ --~-1 ~y· -,,_ ~ I / . ~ A\v· //'~/ / / '<,'<-~ «-*' 7 · --south-West Oxford .. -····· _.--· / \ Legend c:::J Municipal Boundaries Significant Threat Areas E::JWHPA-A 0WHPA-B 0WHPA-C DNAPL Policy Area ~ WHPA-A,B,C Vulnerability Score -8 -10 N W-<1-E s Map created by UTRCA, June 20, 2012. Base mapping produced under license with the Ontario Ministry of Natural Resources, © 2012 . Source Protection Area Boundary provided by Ontario Ministry of the Environment, 2006. Wellhead Protection Areas and Vulnerability Assessment -as contained in the approved Upper Thames River Source Protection Area -Amended Proposed Assessment Report Revised -August 12, 2011. Thames-Sydenham and Regron WHPA Overview CMunicipal Boundaries [d Wellhead Protection Area \\ ~ \ t cu"-"-'Et;.~~ Norwich \ \~ \~ 1.5 0 \ cURRIE~.~~ 3 km 0 1 km ·sia,i1iilta1rtrt.~&t J:ttjliey APRilcabUltyArea Thames-Sydenham and Region Source Protection Plan Legend c:J Municipal Boundaries Significant Threat Areas L:]WHPA-A 0WHPA-B c::::JWHPA-C DNAPL Policy Area ~ WHPA-A,B,C Vulnerability Score -8 -10 Map created by UTRCA, June18, 2012. Base mapping produced under license with the Ontario Ministry of Natural Resources, © 2012. Source Protection Area Boundary provided by Ontario Ministry of the Environment, 2006. Wellhead Protection Areas and Vulnerability Assessment -as contained in the approved Upper Thames River Source Protection Area -Amended Proposed Assessment Report Revised-August 12, 2011. ~ ames-Sydenham IJ, and Reg1on UPP~ !HA..\tt:S !UVJ::R - Beachville WHPA in Zorra Ingersoll Well 8 WHPA in Zorra Zorra \· I I / I DNAPL Policy Area ~-~~--~ ~ 0.5km ~I 0.4km/::' \;~ .\~\1/ .. _-~ ~-!'_: ~~~WHPA-A,B,C ~-· /\ /l<>o/~ · \ ./ / /. ··-"" / -~ Vulnerability Score Ingersoll Wells 3 and 7 WHPA in Zorra ,..o~~. ~orra 0.7 0.35 ~""' _,o . .. ,., South-~e!;t Oxford WHPA Overview D Municipal Boundaries ~ Wellhead Protection Area • V\IHPA Significant Threat Area .. 8 .. 10 N W-<1-E s Map created by UTRCA, June 20, 2012. Base mapping produced under license w~h the Ontario Ministry of Natural Resources. © 2012. Source Protection Area Boundary provided by Ontario Ministry of the Environment, 2006. Wellhead Protection Areas and Vulnerability Assessment -as contained in the approved Upper Thames River Source Protection Area -Amended Proposed Assessment Report Revised -August 12,2011. Tharnes-Sydenham and Reg ron - Report No. C-4 2012-210 Appendix 3 Potential Significant Threat Area Mapping CA012-16-Year in Review-Q2 DATE: August 13, 2012 TO: Council FROM: Kelley Coulter SUBJECT: 2N° QUARTER YEAR IN REVIEW RECOMMENDATIONS "Resolve that Council receives CA012-16 Year in Review-Q2 for information purposes." On April23, 2012 staff reported to Council that the financial results for the first quarter were sound. As of the writing of this report, staff continues to report a financial surplus for the year to date, June 30 ($358,757). Additionally staff projects a small fiscal surplus as of the December 31 ($12,080), albeit with a few qualifiers. The main drivers to the surplus(es) is delay in hiring of personnel and significant reduction in costs for heat, light, and water driven by weather and the utilities project. Cost containment has been a focus for staff and remains the focus with due consideration for maintenance of service delivery standards. The 2"d quarter departmental reports provide Council with detailed updates on the 2012 Business Plan objectives. Additionally, each report provides a summary of the financial results for the 2"d quarter. The 2012 year-end forecast presented to Council by Finance highlights that much of the surplus of $358,757 will be absorbed through increases in delayed OPP billing and taxation adjustments for vacancy rebates and industrial change-of-use status. A brief departmental review follows. The Department of Development and Communications has worked throughout the first half of 2012 to achieve their business plans. Staff recommends the retiming on a number of initiatives due to resource constraints. A number of in-progress initiatives were not considered at the time of the 2012 Business Plan objectives. Of particular interest are the Urban Design Guidelines, the redefinition of the Property Standards By-law, the Zoning By-Law, the Airport land lease and the Development Committee's work on the Strategic Plan. As a result, staff suggests retiming the initiatives until2013. Overall the area of operations is tracking at a surplus of $135,099 driven largely by the land lease for the airport and delayed recruitment of the Marketing Coordinator. The Department of Finance continues to work on re-engineering a number of the business processes completed by the Customer Service Centre, focusing on automation wherever possible and reasonable. The final stages of the Human Resource systems were implemented. This initiative took significant resources within both the Human Resource function as well as the Finance Department. The areas under Finance umbrella are reporting a year to date deficit of $15,481. Staff is working to mitigate this overage the majority driven by staffing overtime as a result of the smart meter implementation. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca The Corporation of the Town of Tillson burg FIN 2012-033 Second Quarter 2012 Financial Results DATE: August 13, 2012 TO: Kelley Coulter, Chief Administrative Officer FROM: Darrell Eddington, Director of Finance SUBJECT: SECOND QUARTER 2012 FINANCIAL RESULTS RECOMMENDATIONS "RESOLVE THAT Council receives Report FIN 2012-033 Second Quarter 2012 Financial Results as information." PURPOSE To provide Council with the second quarter 2012 Town wide actual financial results. HISTORY & DISCUSSION The attached spreadsheet summarizes by department the significant variances between actual results as at June 30, 2012 and the 2012 Q2 year to date budget. The overall preliminary Town wide consolidated surplus as at June 30, 2012 is $358,757 and the projected 2012 surplus is anticipated to be $12,080. FINANCIAL IMPACT /FUNDING SOURCE The review of the financial results for the Town as of June 30, 2012 identified the following areas of concern: • The Water/Sewer customer service agreement with the County is in the process of being re-negotiated. Previous term of the agreement expired January 1, 2011. The loss as of June 30, 2012 prior to consideration of the impact of the new contract is $40,100. If the draft contract is approved, the 2012 financial impact should be at least revenue neutral when compared to the 2012 budget. • Taxation adjustments aggregating an estimated $43,000 above budget are anticipated. In addition, aggressive collection of tax arrears will result in tax interest revenue being under budget for 2012 by $30,000. The Taxation Revenue Manager is closely monitoring these items. • The OPP contract for 2012 is not yet settled. Anticipated additional costs for 2012 are approximately $150,000. All other estimated deficits and surpluses are identified in the attached spreadsheet. 2012-Quarter 2 tal Status Report Actual Variance Sur Ius Deficit YTD Budget YTD Budget YTD Budget YTD Actual YTD Actual YTD Actual w Exoen!~ures Ne~~v Revenue Exoenditures Net levy Revenue Exoendltures Net levv Revenue Exnlanatlons Council $ $ 92 587 92 587 3 327 94 046 90 719 3 327 $ 1 459 1868 NA Customer Service 111,097 149,839 38,742 110,004 161,924 51,920 1,093 12,085 13,178 Net labour under $19,250; Equipment Rental under $5,100; HLW under $1,900; ~~~ Water/Se~:,: Customer Service & Protection 43,800 93,354 49,554 45,987 92,260 46,274 (2,187) (1,094) (3,280) Net labour over $7 ,300; Subcon Exp - Animal Control Is under $7,500; Ucense Revenue -Animal Control Is over $2,800 Development & Communication Services 802,021 1,455,732 653,711 805,655 1,431,952 626,297 (3,634) (23,780) (27,414) Permit Revenue over $4,850; Net Labour ~~=~~;;;~~~e~~~e:~ng under $2,500; Economic Development 201,417 224,424 23,007 203,164 209,787 6,623 (1,747) (14,637) (16,384) Net labour under$ 17,000-Vacant Marketlna Coordinator Finance 135,230 620A13 485,183 134,370 621,856 487,486 860 1,443 2,303 Interest Revenue over $1,300; Net Labour over $5,850; HLW under $700 Pollee 188,794 1,762,296 1,573,502 187,899 1,740,310 1,552,410 895 (21,986) (21,092) Net labour under $1,700; HLW under ~~~~2 ... 00; Subcon Exp under $18,500 - Fire 145,467 641,059 495,592 152,799 643,241 490,442 (7,332) 2,182 (5,150) Program Revenue -Dispatching over $5,700; Mise Rev over $2,300; Net labour over $9,200; Training under $1,600; Building R&M u~~;r $~~300; Net Airport 108,642 164,166 55,524 226,723 194,226 (32,497) (118,081) 30,060 (88,021) Rent Revenue under $11,400; Net Labour over $2,900; Subcon Exp -Winter Mal~t;~~~ce under $8,800; Land Rentals Cemetery 84,103 79,627 (4,476) 84,307 73,133 (11,174) (204) (6,494) (6,698) ~~;\~~~~~ ~nd~~!:·:~~~ Supplies under Library 14,694 194,583 179,889 24,541 189,440 164,899 (9,847) (5,143) (14,990) Revenue under $500; Net labour under $11,000; Program supplies over $1,100; Supplies under $1,000; All other expenses under $1,800; Net building expenses Museum 31,467 131,436 99,969 31,105 123,054 91,949 362 (8,382) (8,020) Net Revenues under $400; Net labour und~e~ ... ~3,20~; •• ~~=;':~ e;~~ts over Parks & Recreation 657,764 2,083,159 1,425,395 656,969 2,005,080 1,348,112 795 (78,079) (77,283) $800 under In Net Revenues; Net labour under $67,000; HLW under $13,500; Subcon Exp over $2,500; TSEC 27,000 109,812 82,812 26,623 93,633 67,010 377 (16,179) (15,802) ~~=t~~~our under $10,600; HLW under EFC 37 494 20 358 17 136 37 491 20 878 16 613 3 520 523 NA Roads 991,938 2,573,157 1,581,219 991,542 2,530,494 1,538,951 396 (42,664) (42,268) ~;;:~g~~~~~~v!~~~~~~ ~$;~~~~ ~~:~r~ In Street lights); Subcon Exp under $11,100; Net all other expenses under $1,600; Capital Projects -Roads over $7,100, Streetlights over $4,300 Parking 83,736 61,758 (21,978) 88,539 54,445 (34,094) (4,803) (7,313) (12,116) N~t_,~~~our under $10,900; Supplies under Solid waste 54,185 155,184 100,999 52,683 138,413 85,730 1,502 (16,771) (15,269) ~~~~,.~e~~~u~~~~~~;,.~1~:~~~1N-~~~bour Building 126,897 164,967 38,070 102,169 166,598 64,429 24,728 1,631 26,359 Permit revenue under $24,600; Net la~~~~~ver $4,500; Training Is under Operations Admin 57,290 57,290 38,654 38,654 (18,636) (18,636) Net labour under $19,300; Training over $700 Engineering 1,200 115,524 114,324 1,170 84,781 83,611 30 (30,743) (30,713) Net labour under $30,500 Enterprise Services 15,591 31,643 16,052 15,884 36,520 20,636 (293) 4,877 4,584 Subcon Exp over $1,200; Materials & Inventory ove; !12}~~; Net all other Fleet 493 090 428 381 64 709 479 313 413 904 65 409 13 777 14 477 700 NA Taxation re uirement: Deficit Sur Ius 4355 627.00 11 410 749.00 4 462 263.84 11 158 628.94 106 637 252 120 $ 358 757 ' C:\DOCUME"'l\aandrews\LOCALS ... 1\Temp\notes258F6B\2012 Actual variances-Q2 vS 8/3/2012 2012-Quarter 2 "-.,.__....· - 2012 Operating & Capital Status Report Revenue Variance (Surplus)/Deficit YTD Budget YTD Actual Revenue Revenue Variance Programs-Health club 90,501 84,530 5,971 Programs-Youth 29,250 21,950 7,300 Programs-All other 84,167 91,218 (7,051) Recreation Facilities-Donations --- Recreation Facilities-Concession Rentals 3,600 3,600 - Recreation Facilities-Rentals 6,600 6,549 51 Recreation Facilities-Capital 24,117 24,117 (0) Parks & Recreation 657,764 656,969 795 TSEC 27,000 26,623 377 EFC 37,494 37,491 3 Roads-Grants 396 -396 Roads-Capital 991,542 991,542 0 Roads 991,938 991,542 396 Parking 83,736 88,539 (4,803) Solid Waste 54,185 52,683 1,502 Building 126,897 102,169 24,728 Operations Admin --- Engineering 1,200 1,170 30 Town-Interest -28 (28) Town-Fibre Optics 1,290 1,290 - Town-Electrical 1,002 1,002 - Town-Rent 13,299 13,564 (265) Enterprise Services 15,591 15,884 (293) Fleet 493,090 479,313 13,777 Taxation requirement: Deficit/ (Surplus) $ (106,637) C:\DOCUME~1\aandrews\LOCALS~1\Temp\notes258F6B\2012 Actual variances-Q2 vS 8/3/2012 2012-Quarter 2 tal Status Report Expenditures {Surplus)/Deficit Y 1 LJ tsuaget Y 1 LJ Actual Expenditures Expenditures Variance Museum 131 436 123,054 (8 382' Parks & Recreation-Labour 1,098,462 1,031 239 67,223' Parks & Recreation-Supplies 63,869 57,079 (6,790 Parks & Recreation-Program Supplies 12,796 9,423 (3,373 Parks & Recreation-Fleet 14,993 21,578 6,585 Parks & Recreation-HLW 241 638 228 746 (12 892 Parks & Recreation-Subcon Exp 53,416 55,783 2,367 Parks & Recreation-All other 553,684 557,949 4,265 Parks & Recreation-Capital 44 301 43 284 (1 017' Parks & Recreation 2,083,159 2,005,080 (78,079' TSEC 109 812 93,633 16,179' EFC 20 358 20 878 520 Roads-Labour 462,195 481,961 19,766 Roads-Fleet 164,764 180,569 15,805 Roads-HLW 91,298 97,908 6,610 Roads-Consult & Legal 5,001 -(5,001' Roads-Subcon Exp 57,697 46,591 11,106' Roads-Capital 1,289,884 1,260,513 29,371' Roads-All other 502,318 462,951 39,367' Roads 2,573,157 2,530,494 (42,664' Parking 61 758 54 445 (7 313' Solid Waste 155 184 138 413 (16 771' Building 164,967 166 598 1 631 Operations Admin 57,290 38,654 18,636' Engineering 115 524 84 781 30,743' Town -Labour 23,700 23,700 - Town -Fleet 2,945 3,463 518 Town -Material/Inventory 3,000 5,332 2 332 Town -All other 1,998 4,025 2,027 Enterprise Services 31,643 36,520 4,877 Fleet 428 381 413,904 14 477' Taxation requirement: Deficit/(Surplus} $ (252,120' C:\DOCUME~1\aandrews\LOCALS~1\Temp\notes258F6B\2012 Actual variances-Q2 vS 8/3/2012 40,000 20,000 .... ·o ;;::: cu c ... 0 iii ::::s c. ... ::::s Ill :;;; (20,000) (40,000) (60,000) (80,000) 2012 Q2 VTD Net Levy Variances -;::;- '=" C:\DOCUME~l\aandrews\LOCALS~l\Temp\notes258FGB\2012 Actual variances-Q2 vs 8/3/2012 CJ'\ U") M "" N Total Net Surplus Q2 ($358,557) 0 0 !:::. •council • Customer Service • Protection • Development & Communication Services •Economic Development • Finance •Police •Fire •Airport •Cemetery • Library •Museum • Parks & Recreation •TSEC •EFC •Roads • Parking ill Solid Waste • Building The Corporation of the Town of Tillson burg FIN 2012-034 Second Quarter 2012 Finance Department DATE: August 13, 2012 TO: Kelley Coulter, CAO FROM: Darrell Eddington, Director of Finance SUBJECT: SECOND QUARTER 2012 FINANCE DEPARTMENT RECOMMENDATIONS "Resolve that Council receives FIN 2012-034 Quarter 2012 Finance Department Report as information." PURPOSE This report covers the period from January 1, 2012 to June 30, 2012 for the Town of Tillsonburg Finance department. 2012 Business Objectives The following are the department's objectives. Objective Grid Implementation Job Evaluation Implementation Lunch and Learn Program Ceridian time keeping (Inview) Inview Self Serve Implementation Updates to Personnel Policy Reward and Recognition Investigate Budget Software Centralize A/R; A/P Into new position Improve and Automate CSC Processes liP age Target Date Q1-Q4 2012 Q1 2012 Q1 2012 Q1 2012 Q2 2012 Q4 2012 Q1-Q4 2012 Q4 2012 Q2 2012 Q4 2012 Status Ongoing Complete in Q2 Initial implementation complete Implemented Revised to Q3 Ongoing Ongoing Ongoing Revised to Q4 Ongoing DATE: TO: FROM: SUBJECT: Development and Communication Services 2012 DCS -2012 -49 Second Quarter Report July 26, 2012 Kelley Coulter, Chief Administrative Officer David Samis, Director of Development and Communication Services SECOND QUARTER REPORT DEVELOPMENT AND COMMUNICATION SERVICES RECOMMENDATIONS "Resolve that Council receives report 2012-49 Second Quarter Report- Development and Communication Services. Further resolve that Council receive this report for information purposes." PURPOSE This report spans the period from January 1, 2012 to June 30, 2012 for the Department of Development and Communication Services. 2012 Business Plan-Objectives by Year In this report, staff are recommending a number of business plan objectives be deferred until the 2013 business year. A number of challenges have arisen in regards to ensuring the timely completion of these items. The following is the current directions and goals of each business area in the Department of Development and Communications Services. liPage Development and Communication Services 2012 Broadband Project Status • First set of customers operational in May and June of 2012. • First quarterly payments received. • Pricing review underway, due to comments received by the Province. • Packetworks has brought additional sales support. Building Activity • Decrease in overall construction value due to lack of large scale construction and building projects. 2011 was higher due to Siemens and Nautical Lands. • Total of residential building permits for up to the end of the second quarter is 150, at this time in 2011 it was 140. • As of the end of June there have been 32 permits issued for single detached dwellings, at this time in 2011 there were 24. • Building permit activity and consultations are higher due to weather; this is expected into the second quarter. Major Projects to date are as follows: • Snap fitness -renovation -255 Broadway • Walmart -renovation -200 Broadway • Moffatt & Powell -renovation -268 Tillson Avenue • Otter Valley Foods -addition -95 Spruce Major Financial Variances versus 2012 Budget The Development and Communication Services department financial results are discussed below: Development C$27.414) surplus • Development Permit Revenue surplus of $4,850. • Labour is under budget by $13,100 due to timing of hiring new staff. • Advertising & Information Technology are under budget by $8,400. Economic Development ($16,384) surplus • Labour is under budget by$ 17,000 due to timing of hiring Marketing Coordinator 31Page OPS12-12 Report-Operations Services -2012 Second Quarter Report DATE: TO: FROM: SUBJECT: August 13th, 2012 Kelley Coulter, CAO S.T.Lund, P.Eng., Director of Operations OPERATIONS SERVICES-2012 SECOND QUARTER REPORT RECOMMENDATIONS "Resolve that Council receives Operations Services Report OPS12-12- Operations Services -2012 Second Quarter Report for information purposes." PURPOSE This report covers the period from January 1st to June 30th, 2012 for the Town of Tillsonburg Operations Services. Expenditures are within general expectations for the first half with the exception of miscellaneous labour and winter maintenance related savings. Major Financial Variances versus 2012 Budget Winter Maintenance costs for the first half of 2012 were $225,489 of an annual budget of $456,273 and we are projecting to be under budget at year end due to a lighter than normal winter. This consists mainly of full and part-time labour and fleet which Will be reallocated to summer maintenance activities. This will be subject to the severity of 2012 fourth quarter winter maintenance season. By comparison last year, we incurred $462,380 for the first half of 2011. The balance of roads maintenance is generally on budget with an anticipated surplus of $14,000 due to labour replacement. liP age Overall, while we are currently in a higher surplus situation than expected, most is attributable to staff replacement and are projecting to be under budget $57,000. The variances will be monitored and minimized if opportunities for additional revenue are realized. 2012 Business Plan -Section 2-Objectives by Year Quarter Town Line Road, Baldwin Street to Esseltine Drive top lift is planned for 3rd quarter 2012 placement. Watermain and sanitary sewer improvements on Sanders Street are finished. Road restoration to be completed in 3rd quarter. Brock Street, Maple Lane to Tillson Avenue is being constructed with an early fall completion date. The electrical voltage conversion program continues in Enterprise Services that will replace older infrastructure and maintain safety, reliability, reduce line losses and create equity in Tillsonburg Hydro Inc. Queen Street, Durham Street, Ebert Alley, Frances Street, Clark, Bond and Wellington Streets conversion work is planned for 2012. Brock Street, Parkwood and Concession Streets conversions were essentially completed in 2011 save and except a little tear down work. The microFIT solar projects on the Public Works and Library facilities were completed in the first quarter of 2012 under very tight timelines during the winter season. The ACR work order system is being worked on in Public Works to improve record keeping and assist in meeting the minimum maintenance standards of the province. 2011 Business Plan -Section 3-Risks and OpPortunities The sidewalk inspection program was approved as part of the 2012 business plan. In keeping with the business plan, assets will be in place to carry out an inspection program that will tie into our asset management database and allow for the timely rehabilitation of sidewalk while minimizing risk to the municipality. This is being carried out in the third quarter. Asset management plans have been re-timed further out to assist with the corporate wide plan of not placing debt. Operations Services continues to participate in the ACR customer service program and ZeroQuest Health and Safety initiatives. These are two important areas critical to the success of the corporation. 3IPage PRS12-15 2nd QUARTER REPORT PARKS & RECREATION SERVICE DATE: July 27, 2012 TO: Kelley Coulter CAO FROM: Janet McCurdy, Acting Director of Parks & Recreation Services SUBJECT: 2ND QUARTER REPORT 2012 - PARKS & RECREATION SERVICES RECOMMENDATIONS "RESOLVE THAT Council receives report PRS12-15 second quarter report. FURTHER RESOLVE THAT Council receive for information purposes." PURPOSE The purpose of this report is to present from January to June 30th, 2012, the second quarter financial and operational results of the Parks and Recreation Services (Programs, Parks, Culture and Facilities) Department. 2012 Business Plan Current Directions & Goals Item Implementation of the Recreation Master Plan: -One fully accessible (barrier free) playground at Memorial Park to ensure that children with special needs and disabilities have a venue for unstructured activity -Undertake Marketing Strategy to promote local & regional awareness of parks, recreation & cultural assets liP age Target Status Q1 -4 Q2-3 At the Council meeting of June 11th council reviewed,received and recommended 5 goals from the 2011 Master Plan be identified in the 2013 Parks and Recreation Department Business Plan. Memorial Park Playground equipment installed June 2012 Relocated two pieces of Playground equipment to EFC Playground and one piece to Cranberry Park. Total Project cost-$74,613.30 Increase awareness, Q2 &3 The Library/Museum "Poetry on the Lawn", attendance and potentially postponed until 2013 due to public safety revenue by hosting in concerns surrounding the construction by partnership with the Library. the building and grounds. Table l:Energy Savings Project Description Benefits Year Energy Project Costs Annual Title Saved Savings 2012 Library Old T-12 27% lower 2011 (six 15,000 kwh $17,500 $3,000 Lighting fixtures hydro months saved Retrofit removed and consumption actual is versus replaced with versus 2011 $1,500) 2011 T-5 lighting data ytd Indoor Pool Humidity Natural gas 2012 3100 cubic $ 5,000 $4,810 Controls controls savings of (installed in metres of Retrofit installed and a 34% versus May 2012 gas in first liquid solar 2011 data one month month blanket savings is versus added* $962-2011 project 5 months) ~~~~~0~~ :~~~ Timers Use less 2012 2500 cubic $ 1,800 $2,301 installed on Natural gas (installed in metres of Solar heatmg pool heater June 2012 gas saved coils and solar one month in first pumps with a savings is month temperature $767-versus lock out and project 3 2011 liquid solar months) blanket added* Arena Adjusted Use less 2012 3500 cubic $ 70 $7,000 Dehumidifier humidity Natural gas (adjusted metres of Calibration controls to humidity natural gas reduce gas controls in saved use May versus upwards 2011 7% savings is $1,000 month- project is 7 months) Corporate The heating Gas savings 2012 Difficult to $ 0 wide heating maximum (installed in measure and cooling temperate has June-due to standardized been set at 70 unable to other thermostat degrees and explicitly energy controls the cooling measure loads temperature the value) has been set at 74 degrees. Total End of June/12 $17,111 31Page FIR 12-02 Second Quarter Report DATE: July 30, 2012 TO: Kelley Coulter, Chief Administrative Officer FROM: Jeff Smith, Fire Chief I CEMC SUBJECT: REPORT APRIL 1 -JUNE 30, 2012 RECOMMENDATIONS "Resolve that Council receives report Fir 12-02 Second Quarter Report for information purposes." ) PURPOSE To provide a report for the 2nd quarter ending June 30, 2012 for the Fire & Rescue Services and Community Emergency Management Program Business Plan. 2012 Business Plan Objectives 2012 Goal I Objective Renew Fire Communications contracts Market Fire Communications to potential clients Retain 20 year old pumper apparatus Air conditioner for Training room Annual equipment replacement Self-contained Breathing Apparatus lease agreement II Page Target Date Ql Ql-Q4 Q4 Ql Q4 Q2 Status Elgin County complete Ongoing Complete Complete Q2 Ongoing Complete Alarm Analysis • There were no fire related injuries or deaths during this time period. Apparatus Utilization Apparatus Responses This Quarter Responses Year to Date Car 1 32 49 Car 2 33 51 Pumper 1 14 22 Pumper 2 60 88 Rescue 3 38 69 Ladder 4 20 27 Major Financial Variances versus 2012 Budget The department is projecting an unfavourable variance of $20,000 to the 2012 budget. It is anticipated that Dispatching Revenue will be below the 2012 Budget due to the loss of the Norfolk County Fire Communications Contract. The 2012 year to date financial results is a $5,150 surplus to the year to date budget. Highlights include: • $5,700 over revenue -due to renewed Dispatching contracts • $2,300 over in revenue -miscellaneous items "user fee based". • $9,200 over expenditure in Labour (partially due to training new Part Time Communicator) • $1,900 under expenditure in Legal & Consulting • $1,300 under expenditure in Building Repair & Maintenance • $1,600 under expenditure in Training 31Page August 2, 2012 Tillsonburg Town Council RE: Tillsonburg Library Board Resolution At the Tillsonburg Library Board Meeting of July 27, 2012, the Board passed the following resolution: "Motion to Resolve that the Tillson burg Library Board advise the Town of Tillson burg that they will cease operations as a Library Board effective December 31, 2012; and further Resolve that under Article 42, of the Public Libraries Act the Tillson burg Library Board understand that the Board proper will cease to exist with Ministerial ascent anticipated December 31, 2014. " If you have any questions, please contact the undersigned. Regards, 1 . /] //, ~~ Terri Pope CEO Tillsonburg Public Library Library Lane Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 5401 CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca B·4ordCoun~ r~~owing stronger. .. together NEWS RELEASE OFFICE OF PAUL BEATON AUGUST 8, 2012 Interim Chief Administrative Officer County of Oxford Council endorses plan for Tillson burg Public Library to join Oxford County Library system NEWS Oxford County Council today accepted an agreement with the Town of Tillsonburg that will see the Tillsonburg Public Library joining the Oxford County Library system in January 2013. The proposal follows public consultation, a staff report, and Council approval by the Town of Tillsonburg over the past six months. Tillsonburg Public Library will retain its name as part of the changeover and will build on library programs and services offered to the Tillsonburg community and surrounding areas. Current Tillsonburg Public Library CEO Terri Pope and Oxford County Library CEO Lisa Miettinen have already begun working on a transition plan that involves expanded services and improvements to the current facility. For news and updates about Oxford County Library, visit www.ocl.net or like the Library on Facebook at www. facebook.com/OxfordCountylibrary. MEDIA CONTACT Tommasina Conte I Communications Coordinator 519.539.9800, ext. 35031 Mobile: 519.608.30031 tconte@oxfordcounty.ca ABOUT OXFORD COUNTY Located in the heart of Southwestern Ontario, Oxford County is set among rolling hills and farmland and boasts a rapidly expanding business sector. The County offers a thriving local arts, culture and culinary community; scenic trails, conservation parks and natural areas; and a choice location at the crossroads of Highways 401 and 403. Oxford County has a population of approximately 106,000 people across eight municipalities that are "growing stronger ... together'' through an upper tier municipal government incorporated as the County of Oxford. The regional seat for the County of Oxford is in Woodstock. Visit www.oxfordcounty.ca or follow us at twitter.com/oxfordcounty 1 /1 CA012-17-Library Transition DATE: August 13, 2012 TO: Council FROM: Kelley Coulter SUBJECT: LIBRARY TRANSITION RECOMMENDATIONS Resolve that Council receives CA012-17 for information purposes. And further resolve that Council instruct staff to bring forward a by-law for consideration. On July 9, 2012 Council passed a resolution which instructed staff to proceed with the transition of the Tillson burg Public Library from town operations to a branch within the Oxford County Library system. This report is to provide an update to Council on the activities that will transpire leading up to the changeover date of December 31, 2012. 1. Town of Tillsonburg and County of Oxford staff members have had preliminary meetings to start to detail the transition plan. The County CEO Lisa Miettenen and the Tillsonburg Public Library Interim CEO, Terri Pope will be the two lead staff members for communications to the public. 2. Collectively a communications protocol has been established to ensure the proactive communications are disseminated. Information will be distributed in the following mediums and locations: • In Focus Tillsonburg • Town of Tillsonburg Website • General print news media • Within the Tillsonburg Library Branch 3. The physical conversion is anticipated to occur on January 1, 2013. 4. The Library will continue to operate as per normal business function up to the physical transition of the operations. 5. Under the Ministry's guidance Council a by-law is brought forward to address the repealing of the establishing by-law and conversion to the County system effective December 31, 2012. The by-law includes a draft agreement for the operations of the Library and the building proper. 6. Town Council are advised that the County wish to submit a Community Infrastructure Improvement Grant for Building enhancements relating to the conversion to the OCL model. A draft recommendation is before Council for consideration. 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on ... ca CA012-14 Town Owned Parkland DATE: August 13, 2012 TO: Council FROM: Kelley Coulter SUBJECT: UPDATE ON TOWN OWNED PARKLANDS RECOMMENDATIONS: Recommendation 1: "Resolve that Council receives CA012-14 Town Owned Parkland for information purposes." Recommendation 2: "Resolve that Council directs staff to begin the planning process for one (1) lot on the south side of the Glendale Park (Property 19) with frontage on Allen Street." SUMMARY On June 25, DCS12-39 Town Owned Marketable Lands was presented to Council. The report was delivered in response to Council direction during the 2011 Council Town Tour that occurred in September of 2011. The report was a listing of all Town owned properties that staff deemed "marketable". The listing included the use of the word recommendation in highlighting the comments of staff regarding each property. Staff were asked to provide Council with an inventory listing of all properties that could be marketable. The use of the word recommendation for a Council report in hindsight was unfortunate given the connotations in a Council meeting, particularly with Council resolutions. Members of the public, reasonably, interpreted the passage of the report to mean that Council had deemed all of the properties for sale, had rezoned the lands and the activities attached to the "recommendation" were approved. Staff regrets the confusion and anxiety this has caused the public. As a result of the report, staff received a number of pieces of correspondence. Copies of the correspondence are provided under "Items of Interest" on the agenda. The parcel that has generated the majority of public interest has been the parcels surrounding Glendale Park with frontage on Allen Street. As a result, staff is recommending that Council endorse proceeding with the municipal act process to deem the property surplus and complete a rezoning, as per the Planning Act, to rezone the parcel residential use for one (1) residential lot on the south side of the entrance (Allen Street) to the Glendale Park. Under the 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. ReCfJFRFReREfatieR: Prooertv 4 Location: Legal Description: PIN: Zoninq: OP Designation: Physical Description: Comments: ReceFRFReRdatieR: Prooertv 5 Location: Legal Description: PIN: Zoninq: OP Designation: Physical Description: Comments: ReCfJFRFReRdatieR: Prooertv 6 Location: Legal Description: PIN: Zoning: OP Designation: Physical Description: Comments: ReceFRFReRdatieR: Prooertv 7 Location: Leqal Description: PIN: Zoning: OP Designation: Physical Description: A viable building lot could be created on the piece located on Hawkins Crescent. Wilkins Crescent Block 22, Plan M-169, subject to a Town easement over Part 1 on Reference Plan 41R-3167 00030 0679 OS1 Passive Use Open Space Residential 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, lot area, setbacks and spacing of existing development within the immediate residential area. Viable building lot, possibly two, which could be determined after survey is completed. Wilkins Crescent Block 23 Plan M-169 00030 0680 OS1 Passive Use Open Space Residential 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. The lot appears to be very small, a minor variance may be required to build a residence on this lot, a survey would be required to determine its viability. Dereham Drive Lot 25, Plan M-87, subject to a Town Easement over Part 1 on Reference Plan 41R-3167 00030 0332 OS1 Passive Use Open Space Open Space 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. This would be a viable building lot. Wilson Avenue Lot 50 Plan M-88 00030 0388 OS1 Passive Use Open Space Open Space This is a long piece of green space along Wilson Avenue. It appears that one lot or possibly two lots could be developed on the north end Zoning: OS1 Passive Use Open Space OP Designation: Residential Physical 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. Comments: To divide the lot and sell to the adjacent property owners at a fair ReeeFRFReRflafieR: market price. Prooertv 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. Comments: ReeeFRFReRfiaEleR: Prooertv 12 Location: Jean Ferrie Court/End of Weston Drive Legal Description: Part Lot 8 & 9, Concession 12, Dereham, designated as Part 6 on Reference Plan 41R-7672 PIN: 00025 0700 Zoning: FD Future Development OP Designation: Residential Physical Description: Piece to the south was formerly Trillium Railway. Land slopes slightly to the south. No municipal Water or sanitary at the site but nearby it is available. Comments: Viable building lot. Survey to determine number of buildable lots ReeeFRFReRflafieR: available. Large piece to the north-west is zoned future development. Prooertv 13 Location: Highway #3 Legal Description: Part of Lot 4 Concession 5, NTR Middleton PIN: 00038 0700 Zoning: MG General Industrial OP Designation: Industrial Physical Description: Large open space currently used by adjacent land owner for farm use. There are a few residential properties in the area but majority is industrial and farm land. Comments: To sell this piece to the adjacent land owner. ReeeFRFReRfia EleR: Prooertv 14 Location: 71 Young Street Legal Description: Part Lot 1606, Plan 500 Part 1 on Reference Plan 41R-2326 PIN: 00038 0015 I Recofflfflendation: Prooertv 18 Location: Bobolink Drive Legal Description: Block A Plan M-16 & Block 22 Plan M-148 PIN: 00021 0160 & 00021 0346 Zoning: OS2 Active Use Open Space OP Designation: Open Space Physical Description: This subdivision was developed in 1971 by the Township or Dereham. Their by-law authorizing the development does not identify any parkland or swim ponds. The space is identified as a park area and the grass is cut and maintained by the Town. This land is landscaped with some trees. Municipal Water and Sanitary Services are available at the road. Space could be divided into a number of buildable lots which would be determined bv a survey. Comments: To market the property for development of multiple lots however to ReCOfflffleRda tion: continue to provide a portion of the land as areen space. Propertv 19 Location: Allen Street Legal Description: Block A Plan M-51 PIN: 00026 0910 Zoning: OS2 Active Use Open Space OP Designation: Open Space Physical Description: Currently used as park land, playground equipment exists on the far end if the property. Municipal Water and Sanitary Services are available at the road. The entrance could be divided into two buildable lots which would leave adequate space for an entrance to the park. The lot would be consistent with street frontage, lot area, setbacks and spacing of existing development within the immediate residential area. Comments: To sever and market two buildable building lots. ReCOfflffleRdatiOR: Prooertv 20 Location: William Street Legal Description: Block 120, Plan M-143 PIN: 00025 0311 Zonin_g_: OS2 Active Use Open Space OP Designation: Open Space Physical Description: This land is partially landscaped however most of this green space is treed and ravine. Municipal Water and Sanitary Services are available at the road. One buildable lots 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. Comments: To market the property for development of multiple lots. Reeofflfflendation: CA012-13 Special Event Centre Hydro Drops DATE: August 13, 2012 TO: Council FROM: Kelley Coulter SUBJECT: FINANCIAL SETTLEMENT TO KIWANIS CLUB FOR 100 HYDRO DROPS RECOMMENDATIONS "Resolve that Council receives CA012-13 Special Event Centre Hydro Drops for information purposes. And further resolve that Council endorse payment of $5,000 to the Kiwanis Club for the purchase of 100 hydro drops installed prior to 2003 to be funded from the sale proceeds. " SUMMARY On July 3, 2012 the Town received email communications from the President of the Kiwanis Club requesting the Town remove 100 hydro drops that the group installed prior to the Town acquiring the building from the Tobacco Exchange in 2003. On July 9, an additional email was received from a member of the Kiwanis group providing a historical perspective on the installation of the hydro drops. For reference purposes, during 2010 and 2011 a cross-functional user group reviewed various options for the Centre and the issue of ownership of the hydro drops was not raised. In follow up to the email communications a meeting occurred with the Kiwanis group on July 16. As stated, the Town acquired the Special Events in 2003. The written agreement to purchase included all chattels. There were 100 drops in the building at the time of acquisition and the town installed an additional 100 drops post ownership. The Kiwanis Club are responsible for the installation of the original 100 drops. The representatives from the Kiwanis Club maintain that a meeting occurred with Town Staff at the time of acquisition and there was a verbal understanding that the Kiwanis still owned the hydro drops. The Town began charging all user groups, with the exception of the Kiwanis Club, for the use of the hydro drops in 2004. The Kiwanis started to pay a reduced rental of the Hydro Drops for the Home and Recreation Show in 2005. The Town has no paper work to rely upon regarding the ownership, with the exception of the agreement to purchase. The cost of the installation of a hydro drop averages from $50 -$80 per drop depending on the size and the labour requirements. The Kiwanis Club has requested payment of $50.00 per drop, for 100 drops. The Kiwanis Club stipulated a price of $5,000 by email on July 24, 2012 for which they would remove all claims on the property. All of the Hydro drops are in new condition. Given the pending sale of the building and the gap in documentation, staff recommends payment to the service group. CA012-15 The Bridges Golf Course Lands DATE: August 13, 2012 TO: Council FROM: Kelley Coulter SUBJECT: DEFINITIVE AGREEMENT WITH THE GOLF COURSE RECOMMENDATIONS Resolve that Council receive CA012-15 The Bridges Golf Course Lands for information purposes. pummarv On September 26, 2011 Town Council were provided with a detailed summary of the agreement with the Golf Course. Council supported the detailed summary and the Bridges Golf Course Executive and Shareholders also supported the terms of the conditions as set out in the memorandum of understanding. Since November 2011 the principals from the mortgage holder, the Golf Course and the Town have worked to resolve the terms and conditions of the Definitive Agreement. The Definitive Agreement before Council is largely unchanged from the update provided in March of 2012, with one notable exception. The Town was requested to alter their insurance coverage to $10m. Staff supports this change as the golf course retains the same level of coverage. In summary the following work has been completed to support this transaction: 1. Severance of the Borden Crescent lands has been completed including the definition of three building lots. At closing the lands transfer into Town ownership. 2. Severance of the Young Street (Part 1 41R-8739) lands has been completed -joined with existing lands (Part 1 41R-2326). At closing the lands merge with Town owned lands with frontage on Young Street. 3. The lands on John Pound Road formerly identified as the "Young lands" Part 5 41R- 8815 were transferred through Court proceedings into the ownership of the Town of Tillsonburg. At closing the lands transfer to the Golf Course. The Town taxpayer has been carrying the debt on the golf course lands valued at $500,074 principal debts as of July 1, 2011. As of July 1, 2012 the principal value of long term debt is approximately $475,963. The interest paid through taxation up to the agreement of the memorandum of understanding in July of 2011is $126,570. Between July of 2011 and 2012 the taxpayer has funded an additional $ 25,259 of interest. The taxpayer has benefited from the $25,000 payment made by the golf course in 2010. The spirit of the original (2006) Memorandum of Understanding was that the Town Taxpayer would not be subject to any financial obligation relating to the expansion of the golf course to an 18 hole golf course. A summary of the terms of the Definitive Agreement between the Golf Course and the Town of Tillsonburg are highlighted in Table 2. Table 2: Cost & (Revenue> Distribution for land transfer • Golf Course unfunded liability to the Town($500,074 + 126,570) • Estimated legal costs to the Town for title works -land transfer • Estimated land severance costs to the Town for golf course lands • Estimated cost to Town for OIPC Long Term Debt Fee • Estimated value of lands (Borden Crescent & Young Street) transferred to Town ownership upon closing • Golf Course cash payment to Town upon closing Net Total estimated residual Cost to Taxpayer $ 626,644 30,000 20,000 29,610 ($450,000) ($191.050) $ 65,204 Note: The cash settlement of $191,050 should be applied to the long term debt as reported under Table 1. The original/ease agreement from 2008 called for 10 acres@ $12,000 +56 acres at $3,500. It is important to note that the original obligation $316,000, due in 2019, is not a liability on the Town books nor is the land listed on the balance sheet as an asset. In conclusion, it is unusual to include in a Town staff report, recognition for the contribution of others. However given the significance of this initiative it is warranted. The project placed a significant burden on staff time to get it to fruition. Particular words of thanks are owed to the staff of the Finance and the Development and Communications Departments. As well, the work of Mr. James Morgan (Mandryk, Stewart and Morgan) was highly professional and timely. He and his firm served the Town well. Finally, and with equal importance, the cooperation and patience of Mr. Peter Ainsworth and Mr. Greg Tribble has been most appreciated and vital to the conclusion of this chapter of The Bridges history, and this project in particular. EXECUTIVE SUMMARY TO BY-LAW 3639 FIN 2012-031 DATE: August 13, 2012 TO: Kelley Coulter FROM: Darrell Eddington, Director of Finance SUBJECT: EXECUTIVE SUMMARY TO BY-LAW 3639 RECOMMENDATION RESOLVE THAT Council receive FIN 2012-031 Executive Summary to By-Law 3639 ; AND FURTHER RESOLVE THAT By-Law 3639 to define Municipal Trust Funds and to Appoint Trustees to those Trusts, be brought forward for Council consideration for three readings; AND FURTHER RESOLVE THAT the funds from the Ross Allen Estate Trust be used to defray the expenses incurred relating to the transfer of the Library to the County of Oxford. PURPOSE To obtain Council endorsement of By-Law 3639 and change the intended disposition of the Ross Allen Estate Trust funds. HISTORY & DISCUSSION Council will recall that at the council meeting of January 23, 2012 direction was given to staff to bring back a report and a by-law to define the objectives of each trust. Also contained in that report was a recommendation approved by Council to establish the Ross Allen Trust (Library). Given Council's July 9, 2012 decision on the transfer of the Library to the County of Oxford, it is now recommended that the funds from the Ross Allen Estate trust be used to defray the expenses incurred relating to the transfer. FINANCIAL IMPACT /FUNDING SOURCE No financial impact. WRITTEN BY: Darrell Eddington DATE WRITTEN: July 24, 2012. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3639 A BY-LAW to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillsonburg. WHEREAS THE Council of the Corporation of the Town of Tillson burg has established Municipal Trusts to receive donations designated for a trust, maintain and manage those trusts. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 1. DEFINITIONS: Municipal Trust A municipal trust is a sum of money or property held by one party for the benefit of another. Trustee A Trustee is a person appointed by Council to direct the funds or hold the title of legal property for a beneficiary. 2. General Provisions Except as otherwise provided for in this by-law, all donations designated for a trust received herein shall be deposited into a trust account and may be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of such monies form part of the trust. The Director of Finance or designate for the Town of Tillsonburg shall be the Treasurer of the Fund herein. The Auditors as appointed from time to time by Town Council shall cause an audit be made annually of the financial position, operations, and cash flow of the Tillsonburg Trust Funds. Donations made to the Trust Funds shall be receipted by the municipality subject to Paragraph 110 (1) of The Income Tax Act and shall have the same status as gifts to a registered charity. 3. Trustees Trustees must be a member of the public who resides, owns property, owns a business or works in the Town of Tillsonburg. All Trustees are appointed at the pleasure of Council. If a Trustee wishes to resign as a member of a Trust, he/she shall provide the Clerk of the Town of Tillsonburg with a written letter of resignation. Upon confirmation that the Trustee will no longer be serving on the Trust, the Town Clerk, will notify Council of the vacancy and the need for a replacement. Replacement of the Trustee will be advertised in the local paper for a minimum of three issues. The Director of Finance and the Town Clerk shall be Trustees of all Municipal Trusts. They shall participate in the business of the Trust without any restriction including voting. CHEDULE A -TRUST & APPOINTMENTS TRUST NAME: ANNANDALE HOUSE TRUST PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the restoration, refurbish, development and promotion of Annandale House. Donations received herein shall be deposited into this trust account and may be invested in such securities as a trustee may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the restoration and development of Annandale House. TRUSTEE NAME: Cemetery Maintenance Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the general maintenance and upkeep of Tillson burg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the general maintenance and care of the grounds of the Tillsonburg Cemetery. TRUSTEE NAME: Cemetery Trust (Perpetual Care) PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the perpetual care of Tillson burg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the continuous, everlasting care of Tillson burg Cemeteries. The Corporation of the Town of Tillson burg FIN 2012-032 Reserve Contributions DATE: August 13, 2012 TO: Kelley Coulter, CAO FROM: Darrell Eddington, Director of Finance SUBJECT: RESERVE CONTRIBUTIONS RECOMMENDATIONS "Resolve that Council receives FIN 2012-032 Reserve Contributions for information purposes. And further resolve that the net proceeds on the sale of assets as itemized in this report be contributed to general reserves." PURPOSE To obtain Council approval to contribute the net proceeds on the sale of assets to general reserves. HISTORY & DISCUSSION To date, the following asset sales have been approved by Council: Asset Bl(-Law Gross Proceeds Coon Alley 3463 $ 4,000 180A Quarter Town Line 3603 $ 65,000 188 Lincoln Street 3626 $ 63,560 Airport Hangar 3637 $ 37,000 Special Events Building 3627 $600,000 In addition, the Fleet department has sold various fleet assets for a total of $24,434.71. To date, the net proceeds are not yet finalized on all transactions and therefore, the net amount cannot be provided until Q4. However, the recommended resolution is sufficient to contribute the net amounts, once known, to general reserves. liPage Development and Communication Services 2012 DCS 12 -33 Report -Industrial Land Sale Policy DATE: July 20, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development and Communication Services SUBJECT: INDUSTRIAL LAND SALE POLICY RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-33 as information only." PURPOSE )The purpose of this report is to update Council on a policy regarding Industrial Land Sales. HISTORY & DISCUSSION In March 2011, staff presented report DCS 11-35 which dealt with lands on Clearview Drive, that were to be sold to a private proponent. At this Council Meeting, Council asked staff for information on the following: 1. Valuation -should the municipality offer a standardized land sale rate per acre for municipally owned employment lands; 2. Can the municipality offer potential incentives when lands are to be sold; and 3. Is there an adequate supply of municipal employment lands. In response to the above questions, staff offer the following response. 1. All real estate transactions are based on a "willing buyer" "willing seller" scenario. Given that the municipality owns and conveys employment lands for the purpose of economic development it is important that staff are able to vary offers submitted by proponents based on the circumstances of the offer, market timing and location. Staff consistently review land transactions to ensure transactions and sales are accurate ensuring the municipality is getting fair market value and also ensuring this is offset with economic development objectives. 2. The Municipal Act is explicit in that municipalities cannot enter in activities which may be considered "bonusing". Staff needs to careful with these activities as they are monitored by the Province. Staff may recommend certain payment Development and Communication Services 2012 DCS 12 -46 Report -Property Standards Appeal Committee DATE: July 20, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development and Communication Services SUBJECT: PROPERTY STANDARDS APPEAL COMMITTEE RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-46 as information only." ) PURPOSE The purpose of this report is to provide a response to Council inquiry on the Property Standards Appeal Committee. HISTORY & DISCUSSION On July 9, 2012, staff presented the report on the proposed Property Standards By-law to Council. Council inquired about the potential that Council serve as an intermediary appeal body for matters relating to appeals for property standards matters. The following response is provided: Section 15, of the Building Code Act outlines the property standards appeal process. The process outlined as shown in the attached excerpt is that if an appeal is made by the Property Standards Committee it then is to be heard by the Superior Court. Given this, staff does not recommend that Council act as an intermediary appeal body, as any evidence or information presented could potentially lead to Council appearing in front of the Superior Court. The process proposed is similar to other municipalities and is alignment with the Ontario Building Code Act. Building Code Act ® Ontario ).-.iiiiiiiiiiiiiiil---iiliiii-------------..-.--- (i) the inspection period prescribed under clause 7(e) did not elapse before the part was covered or enclosed, or (ii) if an inspection period is not prescribed under clause 7(e), a reasonable period of time after the notice was given did not elapse before the part was covered or enclosed; or (e) the part has been constructed without a permit being issued. 2006, c. 19, Sched. 0, ss. 1(6) 14. (1) Stop Work Order. If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be may order that all or any part of the construction or demolition cease. 1992, c.23, s. 14(1}; 2002, c.9, s.21(1) (1.1) Form of Order. The prescribed form or the form approved by the Minister must be used for the order. 2002, c.9, s.21(2); 2006, c.21, Sched. F, s. 104(8} (2) Service. The order shall be served on such persons affected thereby as the chief building official or registered code agency determines and a copy shall be posted on the site of the construction or demolition. 1992, c.23, s.l4{2); 2002, c.9, s.21(3) (3) Timing. The order is effective from the time it is posted under subsection (2). 1992, c.23, s. 14(3) (4) Effect of Order. If an order to cease construction or demolition is made, no person shall perform any act in the construction or demolition of the building in respect of which the order is made other than work necessary to carry out the order made under section 12 or 13. 1992, c.23, s.l4(4) (5) Referral to Chief Building Official. When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable. 2002, c.9, s.21(4) (&) Same. The referral must be made in the prescribed manner. 2002, c.9, s.21(4) (7) Effect of Referral. After making the referral, the registered code agency shall take no further steps in respect of the matter to which the order refers and the principal authority that issued the permit is responsible for the enforcement of this Act in respect of the matter. 2002, c.9, s.21(4) (8) Powers of Chief Building Official. The chief building official may amend or rescind any order made by the registered code agency in respect of the matter. 2002, c.9, s.21(4) Property Standards 15. Repealed. 2002, c.9, s.22 15.1 (1) Municipal Property Standards. In sections 15.1 to 15.8 inclusive, "committee" means a property standards committee established under section 15.6; ("comite") "occupant" means any person or persons over the age of 18 years in possession of the property; ("occupant") "owner" includes, (a} the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land and premises were let, and (b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; ("proprietaire") "property" means 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; ("bien") "repair" 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 this section. ("reparation") 1997, c.24, s.224(8) (2) Adoption of Policy. Where there is no official plan in effect in a municipality, the council of the municipality may, by by-law approved by the Minister, adopt a policy statement containing provisions relating to property conditions. 1997, c.24, s.224(8) 14 2006 Building Code Compendium I / ®ontario ) .. •s•u•i•1d.•i•ng._c•o•d•e•A_.c.t .................................................... .. (4) Appeal to Court. The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3.1) may appeal to the Superior Court of Justice by notifying the clerk of the municipality in writing and by applying to the court within 14 days after a copy of the decision is sent. 2002, c.9, s.24 (5) Appointment. The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the persons upon whom the appointment is to be served. 2002, c.9, s.24 (6) Judge's Powers. On the appeal, the judge has the same powers and functions as the committee. 1997, c.24, s.224(8) (7) EHect of Decisions. An order that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee under subsection (3) or a judge under subsection (6), as the case may be, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order. 1997, c.24, s.224(8) 15.4 (1) Power of Municipality if Order not Complied with. If an order of an officer under subsection 15.2(2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly. 1997, c.24, s.224(8) (2) Warrantless Entry. For the purpose of subsection (1), employees or agents of the municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property. 1997, c.24, s.224(8) (3) No Liability. Despite subsection 31(2), a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1). 1997, c.24, s.224(8) (4) Lien. The municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be. 2002, c.17, Sched. F, Table; 2006, c.32, Sched. C, s.3(2) 15.5 (1) Certificate of Compliance. An officer who, after inspecting a property, is of the opinion that the property is in compliance with the standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the owner. 1997, c.24, s.224(8) (2) Request for Certificate. An officer shall issue a certificate to an owner who requests one and who pays the fee set by the council of the municipality in which the property is located. 1997, c.24, s.224(8) (3) Fee for Certificate. A council of a municipality may set a fee for the issuance of a certificate. 1997, c.24, s.224(8) 15.6 (1) Property Standards Committee. A by-law passed under section 15.1 shall provide for the establishment of a committee composed of such persons, not fewer than three, as the council considers advisable to hold office for such term and on such conditions as the by-law may establish. 1997, c.24, s.224(8) (2) Filling of Vacancies. The council of the municipality shall forthwith fill any vacancy that occurs in the membership of the committee. 1997, c.24, s.224(8) (3) Compensation. The members of the committee shall be paid such compensation as the council may provide. 1997, c.24, s.224(8) (4) Chair. The members shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting ·chair. 1997, c .24, s. 224(8) (5) Quorum. A majority of the members constitutes a quorum for transacting the committee's business. 1997, c.24, s.224(8) (6) Secretary. The members shall provide for a secretary for the committee. 1997, c.24, s.224(8) (7) Duty of Secretary. The secretary shall keep on file the records of all official business of the committee, including records of all applications and minutes of all decisions respecting those applications, and section 253 of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to the minutes and records. 2002, c.17, Sched. F, Table; 2006, c.32, Sched. C, s.3(3) 16 2006 Building Code Compendium Development and Communication Services 2012 DCS 12-47 Report-Urban Design Study Update DATE: July 20, 2012 TO: Kelley Coulter, CAO FROM: David Samis, Director of Development and Communication Services SUBJECT: URBAN DESIGN STUDY UPDATE RECOMMENDATION "RESOLVE THAT Council receive Report DCS 12-47 as information only." PURPOSE )The purpose of this report is to provide an update to Council on the Urban Design Study. HISTORY & DISCUSSION The 2011 Department of Development and Communication Services Business Plan contained the completion of a joint (Town & County) Urban Design Study. In the late summer of 2011, Brook Mcilroy were authorized to commence work. This study was lead by county staff and a steering committee composed of community stakeholders and county and town staff. The consultants and staff have met with a number of other community groups to discuss the study and identify issues, historical matters and opportunities. These meetings have included the BIA, Chamber of Commerce, Station Arts, Real Estate Board, local property owners and residents. Staff from Brook Mcilroy and municipal staff consulted with residents on a door-to-door campaign in the BIA area to seek information and also awareness of the study. Five (5) information and education sessions were held at the following locations: library, town centre mall, community centre and customer service centre. The sessions were held at various times of days into the evening to gain as many public comments as possible. At the conclusion of the sessions, the consultants began to consolidate recommendations and results into a draft report. The following are some of the listed recommendations: • A set height of buildings in the study area; • Maintain a strong vision of a broad commercial usage in the core are of the community; \ Development and Communication Services 2012 ;:----------------------------------------------------------._ ______ _ DCS 12-50 Report-Zoning By-law Update DATE: August 1, 2012 TO: Kelley Coulter, Chief Administrative Officer FROM: David Samis, Director of Development and Communications SUBJECT: ZONING BY-LAW UPDATE RECOMMENDATIONS "Resolve that Council receives report DCS 12-50 -Zoning By-Law Update as information only." PURPOSE The purpose of this report is to provide information only in regards to the proposed updates to zoning by-law number 3295. HISTORY & DISCUSSION In the third quarter of 2011 and first quarter of 2012, staff presented an outline of the changes proposed in the zoning by-law update. The table presented below outlines the proposed changes. Further information and the meeting required under the Planning Act, will be presented to Council at the first meeting in September. SECTION PROPOSED AMENDMENT Section 1.2 -ADMINISTRATION Amend this section to state that the Chief Building Official is the appointed person responsible for interpreting, administering and enforcing the Zoning By-law, rather than the By-law Enforcement Officer. Section 1.3 -INSPECTION Amend this section to remove reference to the Zoning Officer, and replace with Building Inspector/Chief Building Official. ) Development and Communication Services 2012 SECTION Section 5 -GARDEN SUITE Section 5-Non-conforming Uses Section 5-Commercial Motor Vehicles and Tractor Trailers in Residential Zones Table 5.20.2.1 -PARKING STANDARDS Section 5.20.2.2 -ACCESSIBLE PARKING Section 5-Sale of Fireworks Section 5-Storage and Parking of Recreational Vehicles PROPOSED AMENDMENT The current By-law defines a garden suite, but does not contain any provisions to direct how they are established. Provisions are proposed to permit the use subject to a temporary use zone change, permitting only for retired parents or grandparents of lot owner(s) or the retiring lot owner provided that their children or grandchildren live in the main dwelling, direct location of structure, and create minimums and maximums for ground floor area. Provisions have been added to the non-conforming uses section of the Zoning By-law to provide guidance as to how non-conforming rights are lost with respect to recreational vehicles. Non-conforming recreational vehicles will lose their non-conforming status when they are removed from the lot for a period exceeding 30 consecutive days if they are non-conforming with respect to their size or storage location. Staff are proposing to amend this to provide for easier and more consistent enforcement of these provisions. Existing provisions regarding a gross vehicle weight of 4,600 kg (unloaded) are being replaced with a maximum vehicle height of 3.7 m (12.1 ') (measured from grade) and maximum overall length of 7.0m (23') This section also now separates the parking requirements for different types of schools (elementary, and secondary). This section has been deleted and replaced with a new section and table clearly indicates to staff and the public, the amount of accessible parking spaces required based on total number of parking spaces required, as well as requiring that these parking spaces be provided at the same grade as the entry to the building or access ramp, and be clearly marked and reserved for the exclusive use for accessible parking. The new standard is based upon the draft Built Environment Standard of the Accessibility for Ontarians with Disabilities Act, 2005. A new provision is proposed to be added to prohibit the storage, display or sales of fireworks except within the Central Commercial Zone or Service Commercial Zone, and in accordance with the Town of Tillsonburg Fireworks By- Law Number 3510. Staff are proposing to amend this section to introduce the following requirements with respect to recreational vehicle parking and storage: • The principal use of the lot must be established first; • All required parking onsite must be accommodated; • Maximum height for a recreational vehicle to be 3. 7 m (12.1 ft), measured from grade to highest fixed point of recreational vehicle • When stored outside of a structure, recreational Development and Communication Services 2012 SECTION Table 7.2 -R2 ZONE PROVISIONS Table 13.1 -USES PERMITIED Various Locations throughout the document PROPOSED AMENDMENT Reduce the minimum lot area for a single detached dwelling on an interior lot within the R2 Zone from 325 m2 (3,498.4 ft2) to 315 m2 (3,390. 7 ft2) in order to have the minimum lot frontage and the minimum lot depth provisions equal the actual lot area that results from that calculation. Further to the above, the following reduction is also proposed in the similar fashion: • R2 Zone, semi-detached dwelling, interior lot from 325 m2 (3,498.4 ft2) to 315 m2 (3,390. 7 ft2l. Add a Department Store as a permitted use to the CC Zone. The use is currently defined, but was not permitted in any zone. This use was previously permitted in the old Zoning By-law in the Central Commercial (C1) Zone. Planning staff are of the opinion that this use was excluded from the CC Zone in error when the new comprehensive Zoning_ By-law was approved in 2008. Planning staff have corrected a number of typographical errors and cross referencing errors throughout the document. FINANCIAL IMPACT /FUNDING SOURCE None at this time. CONSULTATION/COMMUNICATION The following consultation activities have occurred to date: • Reports to Council in 2011 and 2012. • Public Meeting in January 2012. • Notice in Focus on Tillsonburg. • Discussion on Rogers TV. CONCLUSION Staff are presenting this as information only. PREPARED BY: David Samis, Director of Development & Communication Services APPROVED BY: Kelley Coulter, Chief Administrative Officer COMPLETION DATE: August 1, 2012 OPS-12-10 Report -Tender T2012-004 -Supply and Placement of Concrete Sidewalk and curb and Gutter DATE: August 13th,2012 TO: Kelley Coulter, CAO FROM: S.T.Lund, P.Eng., Director of Operations SUBJECT: TENDER T2012-004-SUPPLY AND PLACEMENT OF CONCRETE SIDEWALK AND CURB AND GUTTER RECOMMENDATIONS i)"Resolve that Council receives Operations Services Report OPS-12-10- Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter for information purposes. ii)Further resolve that Tender T2012-004 be awarded to United Contracting of London at a cost of$ 46,039.59". PURPOSE To award tender T2012-004 Concrete Sidewalk and Curb and Gutter Construction. HISTORY & DISCUSSION Council approved the replacement of sidewalk and curb and gutter in the 2012 Operations Services Business Plan and budget. Operations staff designed and tendered the sidewalk and curb and gutter program to meet the objectives and budget. The major work involves small curb & gutter and sidewalk repairs associated with the Town's construction program which include replacement of damaged concrete curb & gutter and concrete sidewalk in capital asphalt paving areas and various small locations throughout the Town. l!Page OPS12-11 Report-Tender T2012-003 -Supply and Placement of Hot Mix Asphalt Paving DATE: August 13th, 2012 TO: Kelley Coulter, CAO FROM: S.T.Lund, P.Eng., Director of Operations SUBJECT: TENDER T2012-003 -SUPPLY AND PLACEMENT OF HOT MIX ASPHALT PAVING-VARIOUS LOCATIONS RECOMMENDATIONS i)"Resolve that Council receives Operations Services Report OPS12-11 Tender T2012-003 -Supply and Placement of Hot Mixed Asphalt Paving for information purposes". ii) Further resolve "that Tender T2012-003 be awarded to Permanent Paving Ltd. of Woodstock at a cost of $116,472.21." PURPOSE To award tender T2012-003 Annual Hot Mix Paving Projects. HISTORY & DISCUSSION Council approved the resurfacing of certain streets in the 2012 Operations Services Business Plan and budget. Tenders were called for the supply and placement of hot mixed asphalt for the 2012 Town Road Resurfacing program. The major work involves resurfacing the following: a) b) c) Vance Drive Old Vienna Road Misc. Patching Area liPage -North Street to south limit of cul-de-sac. -Vienna Road to Van Street. -Various areas throughout Town. REPORT PRS 12-02 Updates to By-Law 3628 Cemetery DATE: TO: FROM: August 13th,2012 Kelley Coulter Janet McCurdy, SUBJECT: EXECUTIVE SUMMARY TO BY-LAW 3640 TO GOVERN THE OPERATION OF MUNICIPAL CEMETERIES RECOMMENDATION RESOLVE THAT Council receive Report PRS 12-02 Updates to By-Law 3628 Cemetery as information; AND FURTHER RESOLVE THAT By-Law 3628 be repealed and By-Law 3640 to govern the operation of municipal cemeteries, be brought forward for Council consideration for three readings. PURPOSE To obtain Council endorsement of By-Law 3640, 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 took 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. Based on the urgency to comply with the Ontario Government, staff omitted important procedures regarding Memorialization. Staff misunderstood that the existing operational procedures were required to be captured in the new by-law. By-laws typically do not include operational procedures, however the FBCSA mandates it. For the convenience of Council members, the Memorialization section is restated below. MEMORIALIZATION No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in s No monument, 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 shall not be held responsible for any damage sustained to the flower vases, wreath stands, low shrubs, or any submerged articles by employees of the Cemetery, where such Only flat markers will be permitted for cremation and baby plots and must not exceed a size of twenty (20) by twelve (12) inches and set with a four (4) inch border of concrete, or three (3) inch granite margin and set flush with the ground. Each marker section shall not exceed: 14 inches by 24 inches for single grave 14 inches by 36 inches two graves; and 14 inches by 48 inches for three graves, and must be set with a four (4) inch border of concrete flush with the ground or a three (3) inch granite margin. Marker shall be no less than three (3) inches or more than five (5) inches in thickness. All corner posts shall have sawn sides and be a minimum of six (6) inches and are not to exceed twelve (12) inches square and are to be installed flush with the ground. Open urns intended as receptacles for flowers and forming an integral part of a monument are permitted, subject to prior approval of the Superintendent. The Cemetery assumes no responsibility for damage, theft or loss. When any monument or marker is to be removed for cleaning, inscription work, renovation, etc., application for permission for such removal shall be made beforehand in writing to the Operator and signed by the lot/monument owners and shall be removed and replaced during the regular hours of operation of the Cemetery and under Cemetery supervision. The Cemetery designates the following areas where restrictions on monuments shall apply: Divisions 28, 2C and New Legion Section -Flat markers only Divisions 2A, 4 and 5-Upright monuments only permitted in monument line. All monuments and markers shall be constructed of granite and/or bronze. 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. FINANCIAL IMPACT/FUNDING SOURCE No Financial Impact PREPARED BY: Donna Wilson, Clerk APPROVED BY: Janet McCurdy, Acting Director of Parks & Recreation Services THE CORPORATION OF THE TOWN OF TILLSON BURG BY -LAW NUMBER 3640 A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements and restrictions 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 ofTillsonburg; AND WHEREAS the Funeral, Burial and Cremation Services Act (FBCSA), 2002, S.O. 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 TILLSON BURG 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 Lead hand: A person(s) designated by the Corporation of the Town of Tillsonburg to execute all rights and responsibilities under this by-law and under the Act. Cemetery Operator: The Corporation of the Town of Tillson burg. 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 38 inches by 120 inches, 38 inches by 96 inches and 48 inches by 120 inches. 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. Monument: Any permanent memorial projecting above the ground installed within the designated memorial space to mark the location of a burial or lot. Memorial Space: An area specified on a grave for the installation of a monument or marker. 1 Right to Re-Survey: The Cemetery has the right at any time to re-survey, enlarge, diminish re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities. Notice of Resale and Transfer of Interment Rights: The Cemetery Operator permits the interment rights holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, provided the sale or transfer is conducted through the Cemetery Operator and the purchaser meets the qualifications and requirements as outlined in the Cemetery Operator's by-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: 3 Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the Cemetery Operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health 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). The Cemetery will permit multiple interments under the following limitations: Only one full burial per standard adult grave Two cremains in a cremation plot; Up to four cremains in a standard adult grave; Up to three cremains in a standard adult grave where there has already been a full body burial; Two cremains in a columbarium niche. When cremains are to be interred in a grave in which there is to be a full adult burial at a later date, cremains must be in an urn that will not decompose over time or an urn vault. The body of a deceased person must be buried/entombed in the receptacle that was used for transportation to the Cemetery such as a casket, container or receptacle. It shall be the responsibility of the funeral director/vault company to lower the remains into the grave. The Cemetery assumes no responsibility in the actual interment. Double depth interments will not be carried out due to the sandy soil conditions which present a safety hazard. In the case of pre-need arrangements already made, approval by the Director of Parks & Recreation Services is required before a double depth interment can take place. Interments on Statutory Holidays and interments after business hours are subject to an extra surcharge as set out in the Town Rates & Fees By-Law. E. MEMORIALIZA TION No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. No monument, 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 shall not be held responsible for any damage sustained to the flower vases, wreath stands, low shrubs, or any submerged articles by employees of the Cemetery, where such damage may occur during the process of removing snow, ice, or frozen ground for the purposed of preparing a grave and the general maintenance of the Cemetery. 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 the Tillsonburg Cemetery 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 full depth foundations shall be constructed of solid concrete to a minimum depth of 5'-0" below the natural ground surface. All marker(s) will be installed by the Cemetery Operator in the appropriate location on the lot. All conventional monuments, except natural field stone, require a minimum six (6) inch base. The base/length of the monument shall not exceed two-thirds (2/3) the width of the plot on which the monument is erected, except in the case of a single lot where no upright monument will be allowed that exceeds two (2) foot, six (6) inches in overall width or thirty two (32) inches in overall height. All diestones with columns, limbs of crosses, etc. Shall be adequately dowelled to their bases, unless the underside of each superstructure is of sufficient area in relation to its height to ensure stability. 5 The Cemetery Operator reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders, visitors to the cemetery and cemetery employees, prevents the Cemetery Operator from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be removed and disposed of without notification, including all glassware or crockery. The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. The scattering of cremated remains is not permitted on a grave or within the cemetery. There shall be no discharge of firearms except at a military funeral. No dogs or other pets shall be permitted in the cemetery. Picnics shall not be permitted within the cemetery. G. MONUMENT CONTRACTORS Every contractor employed to erect markers or do any work in the cemetery shall first present an application to the Cemetery Operator signed by the interment rights holder or his representative requesting permission to employ such contractor to do the work specified. The demeanor and behavior of all contractors employed by others in the cemetery shall be subject to the control of the Cemetery Operator. Contractors shall lay planks on the lots and paths over which heavy materials are to be moved in order to prevent damage to the grounds. Contractors shall cease work in the immediate vicinity of a funeral until the conclusion of the service. All work must be done during regular cemetery hours. No work shall be started on Saturday that cannot be completed and litter and debris removed by noon Saturday. The employee of any contractor who damages any plot, monument, marker or other structure or otherwise does any damage in the cemetery shall be held liable for such damage. H. ADMINISTRATION 1. This by-law may be cited as the "Cemeteries By-law". 2. All cemetery by-laws as amended that are associated with cemeteries that are owned and operated by the Town 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 13TH DAY OF AUGUST, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF AUGUST, 2012. Mayor-John Less if Clerk -Donna Wilson 7 LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS-MINUTES June 6, 2012 (as approved at the Board meeting held August 1, 2012) Members in attendance: L. Bartlett, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, E. Ketchabaw, R. Sackrider and D. Travale Staff in attendance: C. Evanitski, D. Holmes, J. Maxwell, J. Robertson, H. Surette, G. Vanlouwe, P. Gagnon, J. Mason, B. Bravener, B. Matthews and D. Mclachlan Regrets: D. Beres Absent: C. Grice The LPRCA Chair called the meeting to order at 6:30pm Wednesday, May 2, 2012 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None PRESENTATION: LPRCA SERVICE AWARD RECOGNITION The Chair presented L. Bartlett, a Director for Haldimand County, with a 5-Year Service Award and thanked him for his contributions to LPRCA. The following staff were recognized and thanked for their service and dedication to LPRCA. C. Evanitski, GM, was recognized for five years of service, P. Gagnon, Lands & Waters Supervisor 10 years, J. Mason, Haldimand CA Supervisor 15 years, B. Bravener, Resource Technician 20 years, Field Superintendent D. Holmes and Accounting Clerk G. Vanlouwe 25 years, and Carpenter B. Matthews 40 years of service. MINUTES OF PREVIOUS MEETINGS MOTION A-78 moved: M. Columbus seconded: R. Sackrider THAT the minutes of the LPRCA Board of Directors regular meeting held May ~d, 2012 and the Mid-month Development Applications emailed May 1fih, 2012 be adopted as FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale - 1 - NEW BUSINESS a) CALENDAR REVIEW The Board was reminded that there is no meeting in July and the August meeting will be held at Backus and will include the Leighton and Betty Brown Scholarship presentation. The Watershed Tour will be conducted August 241h to showcase LPRCA properties and activities. The Community Relations Supervisor fielded questions. MOTION A-81 moved: D. Travale seconded: R. Sackrider That the LPRCA Board of Directors receives the June/July Calendar Review Report as information. CARRIED b) GENERAL MANAGER'S REPORT The GM has been meeting with g/oil representatives, as well as, other CAs to discuss gas leases on conservation authority lands and tracking in relation to source water protection. Traditionally, LPRCA has entered into agreements with gas companies and has been entertaining further agreements. He has discussed this with the Source Protection Committee and was told that tracking has not come up as a threat to municipal drinking water systems. He is currently awaiting a call from MNR for their input on tracking. MOTION A-82 moved: D. Travale seconded: R. Chambers That the LPRCA Board of Directors receives the General Manager's Report for May 2012 as information. CARRIED ~ PROPOSEDLPRCAFUNDR~SER Senior staff recommended a committee to discuss the feasibility of hosting a golf tournament next year. The original purpose was to create awareness of the conservation authority and its many roles/functions but it could become a fundraiser. D. Beres was not at the meeting but had previously mentioned that he would be willing to sit on the committee. R. Sackrider also expressed interest in sitting on the committee. MOTION A-83 moved: B. Chanyi seconded: R. Chambers That Dave Beres and Ron Sackrider be appointed to a committee to work with staff and two community members to assess the feasibility of organizing a golf tournament. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -3- CARRIED CARRIED g) 2012 CHRISTMAS SCHEDULE As in past years, staff will need to save two vacation days for the office closure over the Christmas holiday. Certain staff members will be on call for emergencies during that time. MOTION A-87 moved: B. Chanyi seconded: M. Columbus That the LPRCA Board of Directors closes operations (except for emergency response) from December 25/12 to January 1/13 inclusive, AND that staff working at that time be granted one complimentary day off with pay; AND that staff be required to utilize two (2) 2012 vacation days during the closure period or take unpaid leave-along with three statutory holidays. CARRIED h) ECOLOGICAL SURVEY OF SELECTED LPRCA PROPERTIES FOR 2012/2013 SILVICUTURAL OPERATIONS LPRCA manages 200 to 300 acres annually. Bill Draper, Senior Ecologist, is highly respected in his field and utilized by many other agencies. Staff recently met with MNR to discuss the impact of the Endangered Species Act. The meeting was very positive and staff will be required to submit the LPRCA prescription/operating plans to the MNR within two weeks at which time it is expected that MNR will provide a letter of advice for LPRCA. Discussion ensued. MOTION A-88 moved: B. Chanyi seconded: D. Travale THAT the LPRCA Board of Directors retains Bill Draper of EcoPians Ltd to conduct ecological inventories of seven identified Authority properties for a total submitted bid of $25,075.60, which includes all applicable taxes and disbursements, as part of the 2012/2013 forest management operating plan. CARRIED i) REGULATION OFFICER APPOINTMENT LPRCA currently has one Regulations Officer in the Planning Department but due to increased violations and complaints, and to cover time off, a second Regulations Officer is required. Justin Miller recently completed the training. In response to questions, H. Surette noted that violation/complaints take a significant amount of time to visit/inspect the site, interview complainant/neighbours/owner/etc., research/review permits and provide explanation. Spring is the busiest time and requires on average a day per week to manage issues. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -5- ) MEETING: PLACE: DATE: TIME: 2 3 ."'" ·Y ::-~ -.- -------~ ,,J::_• I.~i.\tt~---= .. -o.' · ·,-' Minutes GENERAL MEETING Tillsonburg, OPP Detachment Boardroom Wednesday, May 16, 2012 8:00a.m. -~~-----DJS~JJS.SJQN Call to Order Attendance Declaration of Pecuniary Interest . <:~9,UT~QMJDIA¢JION '- The Chair called the General session of the Board to order at 8:05 am. Present: Larry Scanlan, Chair John Smith, Vice Chair Mayor John Lessif David Palmer Councillor Brian Stephenson Susie Wray, Secretary lnsp/Detachment Commander, Tim Clark Regrets: None None declared 4 Approval of Agenda The Agenda was presented to the Boa;d for approval. 5 Approval of Previous Minutes 6 7 8 The Minutes of a meeting of the Board held on April 25, 2012 were presented to the Board for approval. Issues Arisingfi·om previous minutes Presentations I Delegations Correspondence On motion made by David Palmer, seconded by Councillor Stephenson, and carried, the Agenda was approved. On motion made by Councillor Stephenson, seconded by Mayor Lessit: the Minutes of the meeting held on April 25, 20 12 were approved. None None None 1 -,-J DISCUSSION:: L&kYJ~r~:!,~,: .. ·, ... · .·-•.co ··.··. ' 10 coni 'd Dlnspector, Tim Clark presented the High School Resource Officer Month End Report for April 2012: Proactive duties: • Patrolled hallways and exteriors of schools and Upper Deck • Continued information sharing between front line officers and cnme unit involving at risk youth and probation breaches • Spoke with students and families regarding social and criminal issues • Spoke with youth offering guidance and direction regarding family problems Reactive Duties: • Involved in 14 incidents this month (2 walk in at detachment) • 2 assaults at Glendale • Assisted a parent in finding her missing daughter • Investigated a Facebook complaint • Two threat complaints investigated and youths warned • Information received regarding a non-communication order from criminal court • Investigated a trouble with youth where both youth were advised to stop communicating with each other. Presentations I Meetings: • Attended annual Grade I 0 girls conference at Glendale • Participated in Seat Belt awareness at the school for the seatbelt campaign • Attended Play Works Committee to assist in having the Town recognized as "Youth Friendly" • Attended Haldimand Norfolk Tillsonburg Crime Stoppers appreciation luncheon • Attend Parent Council Committee at Glendale Dinspector, Tim Clark presented the OPP Auxiliary Westem Region Monthly Unit Summary for April2012 which represents the following contract code locations: Ingersoll, Tillsonburg, EZT, Blanford Blenheim and Norwich Township. • Authorized Strength is reported as 32, Actual is 28 • Total Hours for April2012 = 665 • Total Hours 2012 = 2459 3 II Committee Reports D. Palmer reported that one Bursary Application has been received to date from Glendale High School. No applications have been received from St. Mary's High School to date. 12 OAPSB No items for discussion 13 Other Business I Public Discussion 0 Tillsonburg Community Policing Committee The Chair noted that this Committee continues to meet monthly 0 Foot Patrols The Chair suggested that officers on foot patrol visit banks, parks, trails and parks. Inspector Clark reported that Robbery Prevention Programs are successful whereby officers visit businesses to ensure that key holder information is accurate, up to date and to ensure video surveillance equipment is being used where applicable. 0 Crime Stoppers The Chair reported that letters have been sent to Haldimand Norfolk, Oxford County Crime Stoppers and the Ontario Association of Crime Stoppers regarding Tillsonburg's move from the HN program to the Oxford program. The upcoming Crime Stoppers of Oxford Inc. GolfTournament was discussed. 0 Project Lifesaver Cst. Stacey Culbert reported that a letter of intent to register the organization has been sent. Once the organization is confirmed as being registered the logistics of training for the Project Lifesaver program will be determined. Norfolk OPP will be assisting with training. 0 Recognition Awards The Chair noted that a standardized recognition program be discussed. · .. ·.•·· None On motion made by Councillor Stephenson, seconded by David Palmer, and carried, it was resolved that four, $100 registrations be submitted to Oxford County Crime Stoppers Inc. for participation in the John Harrison Memorial Golf Classic to be held on June 23,2012. Deferred to May 2012 5 RESOLUTION of the TILLSONBURG POLICE SERVICES BOARD (the "Board'~ on May 16, 2012 The following resolution was passed: Annual Crime Stoppers of Oxford Inc. John Harrison Memorial Golf Classic On motion duly made, seconded, and carried: No. 321 IT WAS RESOLVED that four, $100.00 registrations be submitted to Oxford County Crime Stoppers Inc. for participation in the John Harrison Memorial Golf Classic to be held on June 23, 2012. Moved by: Seconded by: Carried: Councillor Stephenson David Palmer (5-0) Larry Scanlan, Chair RESOLUTION of the TILLSONBURG POLICE SERVICES BOARD (the "Board'J on May 16, 2012 The following resolution was passed: Board Financial Recording On motion duly made, seconded, and carried: IT WAS RESOLVED that the Board Secretary will record Board financials. Moved by: Seconded by: Carried: John Smith Councillor Stephenson (5-0) Lany Scanlan, Chair ~retary No.322 TACAC Minutes Tuesday June 19 2012 9:00A.M. Annex Room Corporate Office Attendance-J. Armstrong-Chair W.D. Jarvis-Secretary S. Bray R. Marsden D. Peirce J. Wilkinson A. Zimmer-Deputy Clerk-Town OfTillsonburg Call to Order-J. Armstrong Adoption of Agenda-Moved by D. Peirce/ R. Marsden that the Agenda be adopted as printed. Carried Disclosure of Pecuniary Interest-None disclosed Adoption of Minutes of May 1 2012-Moved By W.D. Jarvis/ R. Marsden. Carried Business Arising Walking Tour-J. Wilkinson presented a resume of pictures pulled from town files. Filing Cabinet-Moved by R. Marsden/ D. Peirce that a three door legal sized filing cabinet be purchased for use by T ACAC . Carried Repair of Cemetery-R. Marsden reported that repairs are well under way . Posts are in place and a sign has been erected .He also noted that and application for a maximum grant from Trillium will be applied for. It will be submitted by November 1 2012. Future plans-The restoration committee is planning to erect a Cairn listing the names of all people buried there. TILLSONBURG BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT Minutes Carriage Hall, Tilllsonburg Wednesday June 20, 2012-7:30 a.m. 1. CALL TO ORDER The meeting was called to order by Chair, J. Kirkland at 7:40a.m. Present: J. Kirkland, V. Armstrong, T. Pond, J. Mcintyre, C. Tomico, C. Pepper Regrets: B. McKay, K. West, C. Panshow, D. Sinden, C. Jezovnik, M. Renaud, C. Lamers 2. DISCLOSURE OF PECUNIARY INTEREST OF THE GENERAL NATURE THEREOF -none 3. ADOPTION OF AGENDA Moved C. Tomico Seconded by J. Mcintyre AND RESOLVED THAT THE AGENDA OF June 20, 2012 be adopted as written. "Carried" 4. Delegations -none 5. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Board of Management AGM meeting held on May 30, 2012. Moved by J. Mcintyre Seconded by C. Tomico AND RESOLVED THAT THE MINUTES OF the BIA AGM of May 30,2012 be adopted as written. "Carried" 6. OTHER BUSINESS a) Development Committee-C. Tomico Nothing to report b) Promotions V. Armstrong reported that Turtlefest went well. There were 4 entries for the Storefront Decorating Contest. First place went to Paul's Shoes. All BIA members were emailed the contest results. Many merchants displayed items outside their businesses. g) Chamber of Commerce-J. Kirkland The next Business After 5 will be held at Jade Engineers on June 12, 2012 at 5 p.m. The Chamber of Commerce Golf Tournament will be held in August. The Chamber advocates for smaller companies that are being shut out of contracts that in turn are being awarded to larger companies. h) Wi Fi J. Kirkland introduced the concept of providing WiFi in the downtown core. The cost is $17,000 for 8 units. This would encompass Kelsey's to London St. and extend 300' each way on the side streets. WiFi would be as fast as cable. C. Pepper suggested that the cost could be broken down for merchants and the general public. Discussions included security issues, and possible fee structures. There are many options. C. Pepper recommended that there should be a password section. WiFi would be an excellent tool to attract business to the downtown. J. Kirkland asked if C. Pepper could get some more information and bring it back to the next meeting. C. Pepper agreed to get more details. C. Tomico asked if we had enough funds to do this project this year or would we be looking towards the first of next year for this project. J. Kirkland explained that this was just an idea and not a go as of yet. i) Follow ups V. Armstrong reported that the signing authorities have been changed at the bank. C. Tomico presented a quote for the brushed stainless signs for the new recycling containers. Moved by J. Mcintyre Seconded by T. Pond AND RESOLVED THAT THE quote from Ontario Laser Cutting of $272.80 for the signage for the 11 new recycling containers be accepted. "Carried" C. Tomico will order the signage. J. Kirkland and C. Tomico will install the signage. Discussion ensued in regards to signage being placed on the recycling containers indicating that they were a project of the BIA. All present were in favour of C. Tomico asking for a quote for this type of signage. 7. TREASURER'S REPORT-T. Pond April 2012 TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE Minutes DATE: April 13th TIME: 8AM LOCATION: Boardroom, Customer Service Centre (10 Lisgar Ave) Aprill31h Meeting Attendance: Chair Gilvesy, Mike Bossy, Randy Thornton, Mayor Lessif, Cedric Tomico, Councillor Getty, Kirby Heckford, Henry Spanjers Regrets: Paul Csanyi, Frank Meyers Staff: Director of Development and Communication Services, Marketing and Partnerships Officer 1. Adoption of Agenda Moved by: K. Heckard Seconded by: M Bossy "That the agenda as circulated be approved" "Carried" 2. Adoption ofMinutes Moved by: R. Thornton CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca 5) Urban Design Study -status? a. Director advised that a draft is in for review and comments will be sent back to the consultants. b. Cedric outlined that a fac;ade grant program is needed. The Director indicated that there are some funds set aside for this, but this fund needs to be built, to be a value-added for the community. 5. Voting for Chamber A ward occurred: 1) Mayor stepped-out due to a conflict. 6. Strategic Planning Discussion continued from the Previous Meeting. The Director started the item, discussing the mapping and flow chart started from the previous meeting by Mike Bossy. It initially started as a idea of how to attract and retain young people in the community, it has branched out as to how to attract growth to the community. This is part of the work that will need to feed back into the strategic plan discussions and bring the Professors from Western into the group setting again. C. Pepper continued to lead the group through the discussion. Items included on: Trails, signage placement, how to enhance these, orientation; -Kiosks and signage would help visitors in the community; -How to prevent vandalism on the various signage pieces; -Tourism and Culture: 1. How to create more events. R. Thornton, suggested an Innovation Festival. 2. Cedric spoke about the Barn Quilts and the Tours occurring. Oxford County has 27, Middlesex has 82. 3. There is a studio tour that is occurring, that will draw people to Tillsonburg. WIFI in the downtown core was discussed and how this would work to make it more appealing to attract residents and raise the internet presence of businesses in the community. -Cedric asked for further information on this. The Director indicated he would get the costs for this product. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE Minutes DATE: April 27th TIME: SAM LOCATION: Boardroom, Customer Service Centre (10 Lisgar Ave) Attendance: Chair Gilvesy, Mike Bossy, Randy Thornton, Cedric Tomico, Councillor Getty, Kirby Heckford, Henry Spanjers, Paul Csanyi Regrets: Frank Meyers, Mayor Lessif Staff: Chief Administrative Officer, Director of Development and Communication Services, Marketing and Partnerships Officer, Development Commissioner and Airport Manager 1. Adoption of Agenda Moved by: Counillor Getty Seconded by: R. Thornton "That the agenda as circulated be approved" "Carried" 2. Adoption of Minutes Moved by: R. Thornton Seconded by: H Spanjers CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca -The Annette Murray advised that the airport is becoming busier, the flight school is becoming busier. -Glen Gilvesy advises, perhaps a next step is to look at ethanol fuel dispensing at the airport. 5. Canada 3.0 Conference-C. Pepper (15 minutes) a. C. Pepper outlined what occurred at the Canada 3. 0 Conference in Stratford, and how this relates to Tillsonburg 's fibre project and achieving Intelligent Community Status. 6. Social Media and the Strategic Plan. ( 45 minutes) a. C. Pepper then continued with the Strategic Planning discussions. (See attachment). 7. Residential Marketing-D. Samis (5 minutes) The Director gave an update on the first meeting and next steps. A report will be going to Council for an update on the Residential Marketing Efforts to date. 8. Roundtable-All The Chamber updates will be at every other meeting and the BIA updates will be as well. 9. Conclusion at 10:00 am CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE Minutes DATE: May 11th TIME: 8AM LOCATION: Boardroom, Customer Service Centre (10 Lisgar Ave) Attendance: Chair Gilvesy, Mike Bossy, Randy Thornton, Cedric Tomico, Councillor Getty, Kirby Heckford, Henry Spanjers, Paul Csanyi, Frank Meyers Regrets: Mayor Lessif Staff: Chief Administrative Officer, Director of Development and Communication Services, Marketing and Partnerships Officer 1. Adoption of Agenda Moved by: Counillor Getty Seconded by: R. Thornton "That the agenda as circulated be approved" "Carried" 2. Adoption of Minutes The Director outlined that minutes have not been circulated at this point, as the discussions over the last meetings have been dominated by the Strategic Planning pieces. A overall summary will be included and sent around once this discussion has concluded. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE Minutes DATE: April 27th TIME: 8AM LOCATION: Boardroom, Customer Service Centre (10 Lisgar Ave) Attendance: Chair Gilvesy, Mike Bossy, Randy Thornton, Cedric Tomico, Councillor Getty, Kirby Heckford, Henry Spanjers, Paul Csanyi Regrets: Frank Meyers, Mayor Lessif Staff: Chief Administrative Officer, Director of Development and Communication Services, Marketing and Partnerships Officer, Development Commissioner and Airport Manager 1. Adoption of Agenda Moved by: Counillor Getty Seconded by: R. Thornton "That the agenda as circulated be approved" "Carried" 2. Adoption of Minutes Moved by: R. Thornton Seconded by: H Spanjers CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca -The Annette Murray advised that the airport is becoming busier, the flight school is becoming busier. -Glen Gilvesy advises, perhaps a next step is to look at ethanol fuel dispensing at the airport. 5. Canada 3.0 Conference-C. Pepper (15 minutes) a. C. Pepper outlined what occurred at the Canada 3. 0 Conference in Stratford, and how this relates to Tillsonburg 's fibre project and achieving Intelligent Community Status. 6. Social Media and the Strategic Plan. (45 minutes) a. C. Pepper then continued with the Strategic Planning discussions. (See attachment). 7. Residential Marketing-D. Samis (5 minutes) The Director gave an update on the first meeting and next steps. A report will be going to Council for an update on the Residential Marketing Efforts to date. 8. Roundtable-All The Chamber updates will be at every other meeting and the BIA updates will be as well. 9. Conclusion at 10:00 am CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca TOWN OF TILLSONBURG DEVELOPMENT COMMITTEE Minutes DATE: May 25th TIME: SAM LOCATION: Boardroom, Customer Service Centre (10 Lisgar Ave) Attendance: Chair Gilvesy, Mike Bossy, Randy Thornton, Cedric Tomico, Councillor Getty, Kirby Heckford, Henry Spanjers, Paul Csanyi, Frank Meyers Regrets: Mayor Lessif Staff: Director of Operations, Director of Development and Communication Services 1. S. Lund-Presentation on Servicing S. Lund, commenced discussion on servicing and approvals in Ontario, Oxford County and Tillsonburg. Committee members asked questions on the following: -Servicing of the Town industrial park; -Subdivision servicing; -Commercial and Industrial servicing; -Subdivision and securities process; -Development Charges; -Sewage Treatment plant upgrade; -Comparison of other municipalities; and -Stormwater approvals CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca ~ General agreement that a concerted advertising program with the municipality as a partner is favourable; ~ Focus on the Greater Toronto Area is a first step, with broader focus in future years; ~ Community marketing needs to be continuous and on-going; ~ Need to attract a broad segment of demographic age groups to the community; and ~ A strong need to market, the downtown, cultural activities, parks, trails and quality of life; ~ Marketing and advertising should be focused and directed at certain key points of the year; ~ Timing to attract certain market segments is important; ~ A community kiosk and information booth is necessary; and ~ Industry is willing to partner with funding, based on proposition and results. More work is necessary and required to make this initiative a success the committee indicated.. 3. Roundtable-All None 4. Conclusion at 9:45 am CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.tillsonburg.ca LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS-MINUTES June 6, 2012 (as approved at the Board meeting held August 1, 2012) Members in attendance: L. Bartlett, R. Chambers, B. Chanyi, M. Columbus, R. Geysens, E. Ketchabaw, R. Sackrider and D. Travale Staff in attendance: C. Evanitski, D. Holmes, J. Maxwell, J. Robertson, H. Surette, G. Vanlouwe, P. Gagnon, J. Mason, B. Bravener, B. Matthews and D. Mclachlan Regrets: D. Beres Absent: C. Grice The LPRCA Chair called the meeting to order at 6:30pm Wednesday, May 2, 2012 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None PRESENTATION: LPRCA SERVICE AWARD RECOGNITION The Chair presented L. Bartlett, a Director for Haldimand County, with a 5-Year Service Award and thanked him for his contributions to LPRCA. The following staff were recognized and thanked for their service and dedication to LPRCA. C. Evanitski, GM, was recognized for five years of service, P. Gagnon, Lands & Waters Supervisor 10 years, J. Mason, Haldimand CA Supervisor 15 years, B. Bravener, Resource Technician 20 years, Field Superintendent D. Holmes and Accounting Clerk G. Vanlouwe 25 years, and Carpenter B. Matthews 40 years of service. MINUTES OF PREVIOUS MEETINGS MOTION A-78 moved: M. Columbus seconded: R. Sackrider THAT the minutes of the LPRCA Board of Directors regular meeting held May ~d' 2012 and the Mid-month Development Applications emailed May 1ffh, 2012 be adopted as FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale - 1 - NEW BUSINESS a) CALENDAR REVIEW The Board was reminded that there is no meeting in July and the August meeting will be held at Backus and will include the Leighton and Betty Brown Scholarship presentation. The Watershed Tour will be conducted August 241h to showcase LPRCA properties and activities. The Community Relations Supervisor fielded questions. MOTION A-81 moved: D. Travale seconded: R. Sackrider That the LPRCA Board of Directors receives the June/July Calendar Review Report as information. CARRIED b) GENERAL MANAGER'S REPORT The GM has been meeting with g/oil representatives, as well as, other CAs to discuss gas leases on conservation authority lands and tracking in relation to source water protection. Traditionally, LPRCA has entered into agreements with gas companies and has been entertaining further agreements. He has discussed this with the Source Protection Committee and was told that tracking has not come up as a threat to municipal drinking water systems. He is currently awaiting a call from MNR for their input on tracking. MOTION A-82 moved: D. Travale seconded: R. Chambers That the LPRCA Board of Directors receives the General Manager's Report for May 2012 as information. CARRIED ~ PROPOSEDLPRCAFUNDR~SER Senior staff recommended a committee to discuss the feasibility of hosting a golf tournament next year. The original purpose was to create awareness of the conservation authority and its many roles/functions but it could become a fundraiser. D. Beres was not at the meeting but had previously mentioned that he would be willing to sit on the committee. R. Sackrider also expressed interest in sitting on the committee. MOTION A-83 moved: B. Chanyi seconded: R. Chambers That Dave Beres and Ron Sackrider be appointed to a committee to work with staff and two community members to assess the feasibility of organizing a golf tournament. FULL AUTHORITY COMMITIEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -3- CARRIED CARRIED g) 2012 CHRISTMAS SCHEDULE As in past years, staff will need to save two vacation days for the office closure over the Christmas holiday. Certain staff members will be on call for emergencies during that time. MOTION A-87 moved: B. Chanyi seconded: M. Columbus That the LPRCA Board of Directors closes operations (except for emergency response) from December 25/12 to January 1/13 inclusive, AND that staff working at that time be granted one complimentary day off with pay; AND that staff be required to utilize two (2) 2012 vacation days during the closure period or take unpaid leave -along with three statutory holidays. CARRIED h) ECOLOGICAL SURVEY OF SELECTED LPRCA PROPERTIES FOR 2012/2013 SILVICUTURAL OPERATIONS LPRCA manages 200 to 300 acres annually. Bill Draper, Senior Ecologist, is highly respected in his field and utilized by many other agencies. Staff recently met with MNR to discuss the impact of the Endangered Species Act. The meeting was very positive and staff will be required to submit the LPRCA prescription/operating plans to the MNR within two weeks at which time it is expected that MNR will provide a letter of advice for LPRCA. Discussion ensued. MOTION A-88 moved: B. Chanyi seconded: D. Travale THAT the LPRCA Board of Directors retains Bill Draper of EcoPians Ltd to conduct ecological inventories of seven identified Authority properties for a total submitted bid of $25,075.60, which includes all applicable taxes and disbursements, as part of the 2012/2013 forest management operating plan. CARRIED i) REGULATION OFFICER APPOINTMENT LPRCA currently has one Regulations Officer in the Planning Department but due to increased violations and complaints, and to cover time off, a second Regulations Officer is required. Justin Miller recently completed the training. In response to questions, H. Surette noted that violation/complaints take a significant amount of time to visit/inspect the site, interview complainant/neighbours/owner/etc., research/review permits and provide explanation. Spring is the busiest time and requires on average a day per week to manage issues. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Robert Chambers, Betty Chanyi, Michael Columbus Roger Geysens, Craig Grice, Ed Ketchabaw, Ron Sackrider, Dennis Travale -5- Mayor John Lessif City Hall Tillsonburg ocs~ Ontario Convenience Stores Association 10 Lisgar Ave, Tillsonburg ON N4G 5A5 Dear Mayor Lessif, July 26th, 2012 On behalf of the Ontario Convenience Store Association (OCSA) and the many convenience store retailers in southwestern Ontario, I would like to address a serious problem impacting not only small businesses in the community, but the safety and security of your residents. The distribution and sale of contraband tobacco is a growing across Ontario, including cities like London, with a trickle-down effect to neighbouring communities. Cigarette butt studies conducted in London between 2007 and 2009 show the consumption of contraband cigarettes at 20%. Butt studies at local high schools show that 35% of cigarettes smoked by youth were contraband products. In January of this year, 75,000 illegal cigarettes were seized by London RCMP officers, reinforcing the fact that contraband tobacco has become a major issue in the London area. This problem that was once limited to Eastern Ontario is growing rapidly in municipalities across our province. Not only does the sale of contraband hurt small business and government through tax evasion, it contributes to organized crime schemes and the deterioration of community safety. The health and safety of our young people is also at risk. Contraband is typically sold at very low cost and without age verification checks, making it easily accessible to underage youth. The Ontario Government announced in its 2012 Budget positive measures that will help combat contraband tobacco. These measures-enforced through the Tobacco Tax Act and Bill 186-will better enable law enforcement to deal with violators of contraband laws, strengthen the registration system for retail dealers, and expand the regulation and enforcement bodies that already exist within the province. The OCSA applauds these measures and seeks to ensure they are rapidly implemented. On Tuesday, June 26th 2012, the London City Council passed a motion requesting that the Mayor write a letter encouraging the Ontario Minister of Finance to follow through on promises to increase resources in the fight against contraband tobacco. PROPOSED MOTION FOR ADOPTION BY THE TILLSON BURG TOWN COUNCIL WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity AND WHEREAS contraband tobacco products are easily accessible in our community; AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE be it resolved that this Council request the Mayor write a letter to the Ontario Minister of Finance in support of the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offenses related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles. • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts. AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures. AND that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. • authorizing a vehicle to be stopped, detained and searched if there are reasonable and probable grounds to believe that it contains raw leaf tobacco and, if there has been a contravention, to seize that tobacco; • strengthening the registration system for retail dealers; • replacing Ontario's yellow tear tape with the federal stamp; • adopting best practices that have proven to be effective in other provinces; and • strengthening other provisions to improve the effectiveness of the statute in meeting the government's commitments. Consultation and discussions with stakeholders and key partners, including First Nations communities and organizations, will take place as part of this process. Ontario will continue its ongoing dialogue with First Nations communities and organizations, band councils, and on-reserve tobacco manufacturers with the goal of expanding its understanding of tobacco issues on reserves. The government will also work with First Nations to explore ways to modernize the system for allocating untaxed tobacco products as well as options related to First Nations self-regulation of tobacco on reserve. The availability of cheap, illegal tobacco is a significantly complex issue and requires the active involvement of governments of neighbouring provinces; the federal government; First Nations leadership; and numerous policing and enforcement agencies including the Ontario Provincial Police, Royal Canadian Mounted Police, First Nations policing services, municipal public health units and municipal police services. The ministry will continue to actively build relationships with other ministries, governments, First Nations leadership, and various enforcement agencies to work together on common goals and share best practices. Ontario is working collaboratively with the federal government and other provinces to enhance tobacco enforcement. To effectively address illegal tobacco, joint tobacco enforcement and administration agreements are needed between Ontario, other provinces and jurisdictions, and various federal agencies. Ontario is particularly concerned about the impact of the proposed relocation of the Canada-U.S. border crossing currently located in Cornwall. Over the next three years, the implementation of Bill 186 measures as well as the proposed measures to address illegal tobacco would raise revenues of $375 million. By 2014-15, additional annual revenue would be $175 million, with additional annual enforcement costs of $34 million. Source: 2012 Ontario Budget: Chapter IV: Tax and Pension Systems, March 2012 ~ ~ Ontario i...EGISLAT:VE ASSEMBLY Monte McNaughton, MPP Larnbton-Kent·Middlesex Thursday July 19, 2012 Ms. Donna Wilson 10 Lisgar Avenue Tillsonburg Ontario N4G 5A5 Dear Ms. Wilson, Constituency Offices: Queen's Park Office: CJ 81 Front Street West CJ 360 James Street CJ Rm. 202 NW, Legislative Bldg. Strathroy, ON N7G 1X6 Wallaceburg, ON NBA 2N5 Toronto, ON M7A lAB Tel. (519) 245·8696 Tel. (519) 627·1015 Tel. (416) 325·3362 Fax (519) 245·8697 Fax (519) 627·7174 Fax (416) 325·3275 I am writing today to bring to your attention my private members bill, Bill 76 and ask that your council consider drafting a resolution in support of it. Bill 76, an Act to Amend the Ontario Lottery and Gaming Act of 1999, entitled Ensuring Local Voices in New Casino Gambling Development Act, 2012 aims to ensure that local communities are given a say prior to the development of any new casino within their municipality. If passed, my bill would require a successful referendum in the community in which a new casino is being proposed. Bill 76 aims to ensure that local communities are willing hosts of casinos. New casino development is a sensitive issue and it is important that the local people are involved in this process. As my bill is currently at the crucial committee stage, any support that you or your councils can give to this legislation would be important in ensuring its passage. Please find the attached sample resolution for your perusal. If you have any questions regarding this bill, or wish to discuss it further, please do not hesitate to contact me. Sincerely .. ~-://~ Monte McNaughton, MPP Lambton-Kent-Middlesex PC Critic, Economic Development and Innovation I ST SESSION, 4{)rH LEGISLATURE, ONTARIO 61 EL!ZABETII U, 2012 Bill76 An Act to amend the Ontario Lottery and Gaming Corporation Act, 1999 Mr. McNaughton Private Member's Bill 1st Reading 2nd Reading 3rd Reading Royal Assent April26,2012 Printed by tbe Legislative Assembly of Ontario I" SESSION, 40' LEGISLATURE, ONT ARlO 61 EL!ZABETII II, 2012 Projet de loi 76 Loi modifiant Ia Loi de 1999 sur Ia Societe des loteries et des jeux de I' Ontario M. McNaughton Projet de loi de depute I" lecture 2'1ecture 3'1ecture Sanction royale 26 avril 2012 lmprim6 par I' Assembl6e lesislative de I 'Ontario 2 ENSURING LOCAL VOICES IN NEW CASINO GAMBLING DEVELOPMENT ACf, 2012 "game of chance" means a lottery scheme conducted and managed by the Corporation, (a) that is played on or through a slot machine, or (b) that is played on tables or on wheels of fortune, including card games, dice games, roulette or keno, and includes all other lottery schemes that are pre- scribed; ("jeu de hasard") "slot machine facility" means a gaming site where games of chance are operated on or through a slot machine and includes the premises where services ancillary to the games of chance are provided, but does not include a casino or a charity casino. ("salle d'appareils a sous") Commencemeat 2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent. (2) Subsection 1 (3) comes into force on the later of the day Ibis Act receives Royal Assent and the day section 9 of Schedule 34 to the Better Tomo"ow for Ontario Act (Budget Measures), 2011 comes into force. Short title 3. Tbe sbort title of tbis Act is tbe Ensuring Local Voices in New Casino Gambling Development Act, 2012. <~eu de hasard )) Loterie mise sur pied et exploitee par Ia Societe: a) soit qui Se joue par UD appareil a SOUS OU a )'aide d'un tel appareil; b) soit qui se joue sur des tables ou sur des roues de fortune, y compris les jeux de cartes, les jeux de des, Ia roulette ou le keno. S 'en tend en outre de toutes les autres loteries prescrites. («game of chance ») «salle d'appareils a SOUS)) Site de jeu oil des jeux de ha- sard soot exploites par un appareil a so us ou a I' aide d 'un tel appareil, y compris les lieux oil des services accessoires aux jeux de hasard soot fournis, a !'exclusion toutefois d'un casino ou d'un casino de bienfaisance. («slot machine facility>>) Eotr6e .., vigueur 2. (1) Sous reserve du paragrapbe (2), Ia presente loi entre en vigueur le jour oil eUe re~oit Ia sanction royale. (2) Le paragrapbe 1 (3) entre en vlgueur le dernier en date du jour oil Ia presente loi r~oit Ia sanction royale et du jour de !'entree eo vigueur de !'article 9 de l'aonexe 34 de Ia Loi de 2011 sur des lendemains meilleurs pour /'Ontario (mesures budgitaires). Titre abrig6 3. Le titre abreg~ de Ia preseote loi est Loi de 2012 visant a g11rantir Ia consultation des popullltions locales avant Ia crBIItion de nouve11ux casinos. THE CORPORATION OF THE TOWN OF TIU.SONBURG BY-LAW NUMBER 3644 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND THE TILLSON BURG GOLF AND COUNTRY CLUB LIMITED. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to enter into an agreement with the Tillsonburg Golf and Country Club Limited. THEREFORE the Council ofthe Town ofTillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "1" forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached agreement marked as Schedule "1" on behalf oft he 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 13day of August, al12. READ A THIRD AND FINAL TIME AND PASSED THIS 10 day of September, al12. MAYOR-John Lessif CLERK-Donna Wilson AGREEMENT DATED this day of August, 2012 BETWEEN: THE TILLSONBURG GOLF AND COUNTRY CLUB LIMITED OF THE FIRST PART (hereinafter referred to as "TGCC") -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG OF THE SECOND PART (hereinafter referred to as the 'Town") WHEREAS The Parties entered into a non-binding Memorandum of Understanding dated November 14, 2011 (the "MOU") and attached to this agreement as Schedule "AIJ. The MOU provided the framework for a series of transactions whereby certain lands would be transferred between the Parties. The MOU contemplated a definitive agreement which would carry out the terms and spirit of the MOU. The Parties have agreed to enter into this contract (the "Agreement") for the purpose of formalizing and implementing the MOU. IN CONSIDERATION for the mutual covenants and for the transfer of lands and payment of monies as set out in the Agreement the Parties agree as follows: A. INTERPRETATION 1. The Parties agree as to the definition of the following words or phrases: a. "Carroll Trail" shall mean the lands whereby the Shared Carroll Trail and Unshared Carroll Trail are designated for a walking, biking, hiking and/or other recreational activity trail that Definitive Agreement August 3, 2012 a. The transfer shall take place on the Closing Date; b. The Town shall not provide any warranties whatsoever for any reason including any and all environmental warranties; c. The TGCC shall accept title "as is" and "where is" and shall accept all easements of any kind, rights-of-way, fitness for purpose, drainage agreements (if any), encroachments and condition of the Golf Course Lands. d. Notwithstanding the foregoing the TGCC shall not accept title for the following: any mortgage, lien, encumbrance or charge. e. The TGCC shall accept all agreements, arrangements and regulations from the Ministry of Natural Resources, Ministry of Environment, Long Point Conservation Authority and any other governmental or municipal body with respect to the Golf Course Lands; f. The Town shall provide a deed with respect to the Golf Course Lands on the Closing Date and the TGCC shall accept the legal description as Parts 1, 3-16 on Plan 41R-8815; g. The TGCC shall be allowed until5 p.m. on the 7th day of September 2012 to examine the title to the Golf Course Lands at its owri expense to satisfy itself that there are no encumbrances, mortgages or charges that affect the property. h. The Town shall not provide any warranty that the present use may be lawfully continued other than in accordance with paragraph B(3)(k). i. All buildings on the Golf Course Lands are at the TGCC's risk. j. The TGCC shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of the Town; k. TGCC acknowledges that the Golf Course Lands do not include the Young Street Lands; I. TGCC agrees that if a portion of the Golf Course Lands is in the Registry System it shall not call for, demand or request that such portion be converted into Land Titles; m. In consideration of the closing of this transaction the TGCC agrees on or before closing to provide an undertaking that it and its successors in title shall not interfere with, obstruct or block in any manner the bridge and/or Definitive Agreement August 3, 2012 g. The Town shall accept all agreements, arrangements and regulations from the Ministry of Natural Resources, Ministry of Environment, Long Point Conservation Authority and any other governmental or municipal body with respect to the Borden Crescent Lands; · h. The TGCC shall provide a deed for the Borden Crescent Lands and the Town shall accept the legal description as Parts 1, 2, 3 and 4 on Plan 41R-8799; i. The Town shall be allowed until 5 p.m. on the 7th day of September 2012 to examine the title to the Borden Crescent Lands at its own expense to satisfy itself that there are no encumbrances, mortgages or charges that affect the property. j. The Town shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of the TGCC. k. In consideration of the closing of the transaction the Town agrees that on or before closing it shall provide an undertaking that it shall not interfere with the drainage pipe of the TGCC located on Part 3 of Registered Plan 41 R-8799 (the "Pipe") which drains water from the Old Golf Course Lands through the Borden Crescent Lands. The Parties agree that TGCC shall be solely responsible for the maintenance, repair and replacement of the Pipe. If an easement for said Pipe is required to be registered on title the TGCC shall obtain and pay for such registration and the Town consents to sign such documentation to register the easement as required. 4. The Parties agree that the following terms and conditions apply to transfer of the Golf Course Lands and the Borden Crescent Lands: a. Where the transaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, Chapter L4 and the Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Parties acknowledge and agree that the exchange of closing funds, non-registrable documents and other items (the "Requisite Deliveries") and the release thereof to the Seller and Buyer will (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 completion of this transaction) and (b) be subject to conditions whereby the lawyer(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers. The Parties irrevocably instruct the said lawyers to be bound by the document registration agreement between the said lawyers. The Parties Definitive Agreement August 3, 2012 any and all claims, liabilities, penalties, interest, costs and legal and other expenses incurred, directly or indirectly, in connection with the assessment of HST payable in respect of the transaction contemplated by this Agreement. The Parties agree that if HST was payable on this transaction then HST is in addition to the Purchase Price. 9. Notwithstanding any other term of this Agreement, the Parties agree to work together to reflect the actual value of the transfers for the purposes of Land Transfer Tax in the best interests of both the Parties and to minimize Land Transfer Tax if permissible. 10. The Town acknowledges that on the Closing Date upon the transfers of the Borden Crescent Lands and the sum of $191,050.00 it shall deem the debts of the TGCC to the Town in amounts of $28,000.00, $450,000.00 and $131,543.00 are satisfied. The Parties further agree that the Young Street Lands were originally not intended to be severed from the Golf Course Lands and therefore the Town retaining the Young Street Lands forms part of the consideration for the satisfying the aforesaid debt owing by the TGCC to the Town. D. EASEMENT AGREEMENT 11. The Parties agree that prior to the Closing Date they shall execute a blanket easement in a form as attached as Schedule "C" to this Agreement (the "Easement Agreement"). TGCC agrees that on the Closing Date it shall register the Easement Agreement against the title to the Golf Course Lands and the Old Golf Course Lands consistent with Ontario registry land terms. The Easement Agreement will provide full easement rights for the Golf Course Lands and over Parts 5 and 6 on 41 R-8799 on the Old Golf Course Lands. ~2. TGCC covenants and warrants that: a. The Easement Agreement shall be executed by all current mortgagees of the Golf Course Lands and Old Golf Course Lands and shall obtain the consent of any future mortgagees; b. The Easement Agreement shall bind all future mortgagees, assigns, transferees and successors in title of the Golf Course Lands and Old Golf Course Lands. E. COVENANTS OF THE PARTIES 13. The TGCC covenants and warrants that: Definitive Agreement August 3, 2012 ii. remove any bushes or vegetation except such weeds or vegetation are noxious or hazardous or obstruct the Carroll Trail; iii. spray any toxins except as required to control aAy noxious or hazardous weeds or plants or required for the maintenance of the Golf Course; and, iv. place any substance on the Golf Course Lands or Old Golf Course Lands that would be contrary to any act, by-law, regulation whether federal, provincial or municipal; h. the maintenance and repair (including the determination of the standard of maintenance and repair) of the Unshared Carroll Trail shall be the sole responsibility of the Town; i. the Town retains the right of preapproval for any works, modifications, maintenance including benches and other ancillary items on any and all portions of the Carroll Trail; j. it shall diligently complete all maintenance and repair (to the standard as required by any statute, regulation, by-law and/or common law) to the Shared Carroll Trail without contribution from the Town; k. The Parties agree that for the purposes of this Agreement the Carroll Trail includes benches, refuse containers and bridges. The Parties further agree that all bridges are located on the shared portion of the Carroll Trail; and, I. If any proceeding is brought by any mortgagee of the TGCC (or its successors, assigns or amalgams) due to any alleged default by the TGCC and such proceeding is for any order of possession, power of sale or foreclosure then TGCC shall provide notice of such action, foreclosure and/or power of sale to the Town and permit the Town to remedy such default upon such terms as agreed between the Town and TGCC. TGCC further covenants that it shall provide notice to the Town of any written notice of default by any mortgagee within five (5) business days of receiving such notice of default by the mortgagee. 14. Except as otherwise stated, all covenants and warranties of the Parties contained in this Agreement shall survive the Closing Date and shall continue in full force and effect from Closing Date for an indefinite period. The Vendor shall provide on the Closing Date a certificate that such covenants as contained in this Agreement that shall survive closing and ·not merge with closing. Definitive Agreement August 3, 2012 a. TGCC is incorporated and organized and validly existing and in good standing under the laws of the Province of Ontario. b. The Parties have all necessary corporate power (as the case may be), authority and capacity to enter into this Agreement anctto perform its obligations hereunder; the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of TGCC and the Town. c. The Parties are not a party to, bound or affected by or subject to any indenture, mortgage, lease, agreement, instrument, charter or by-law provision, statute, regulation, order, judgment, decree or law which would be violated, contravened or breached by, or under which any default would occur as a result of the execution and delivery by it of this Agreement or the consummation of the transactions contemplated hereby, except as disclosed in this Agreement. d. This Agreement constitutes a valid and binding obligation of the Parties enforceable against them in accordance with its terms provided that enforcement may be limited by bankruptcy, insolvency, liquidation, reorganization, reconstruction and other similar laws generally affecting enforceability of creditors' rights and that equitable remedies such as specific performance and injunction are in the discretion of the court from which they are sought. e. TGCC is not a non-Canadian within the meaning of the Investment Canada Act. f. No governmental or regulatory authorizations, consents, approvals, filings or notices pertaining to the Parties are required to be obtained or given or waiting period is required to expire in order that the Borden Crescent Lands or Golf Course Lands or Easement may be consummated by the Parties or for the Parties to carry out its obligations set out in this Agreement. g. That the Parties have relied upon their own, or its agents, financial advisors or legal counsel, inspections of title to Golf Course Lands and Borden Crescent Lands; and, h. Shall honour the TCGG and Town Trail Maintenance Agreement including the Toboggan Hill Agreement, if any; Definitive Agreement August 3, 2012 200 Broadway Tillsonburg, ON N4G 5A7 with a copy to the Solicitor for the Town at: Mandryk, Stewart & Morgan 65 Bidwell Street Tillsonburg, ON N4G 3T8 to the Purchaser at: 101 John Pound Road Tillsonburg, ON N4G4H3 with a copy to the Solicitor for the Purchaser at: Gibson, Bennett, Groom & Szorenyi 36 Broadway Tillsonburg, ON N4G 3P1 19. This Agreement, including the Schedules and MOU, together with the agreements and other documents to be delivered pursuant hereto, constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, leases, understandings, negotiations and discussions, whether written or oral, of the parties hereto and there are not warranties, representations or other agreements between the parties in connection with the subject matter except as specifically set forth or referred to herein. No amendment, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. This agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario. Each of the parties hereto hereby irrevocably submits and attorns to the jurisdiction of the courts of the Province of Ontario. Any action brought for the interpretation of this Agreement or the enforcement of any term of this Agreement shall be brought at the City of Woodstock, in the County of Oxford. Definitive Agreement August 3, 2012 We~ve authority to bind the Corporation. The Corporation of the Town of Tillsonburg Per: Mayor Chief Administrative Officer We have authority to bind the Town Definitive Agreement August 3, 2012 SCHEDULE "A" MOU Definitive Agreement August 3, 2012 11.07.11 purpose and conservation issues. The TGCC shall accept the current legal description of the Golf Course Lands. 2. Shall severe lands to be conveyed unencumbered to the Town for no consideration on or before February 28, 2012 being that portion of the current .TGCC property that is located south of Baldwin Street to the north of John Pound Road and immediate west of Borden Crescent within the confines of the Oxford County Official Plan and the Town of Tillsonburg Zoning By-law as per the agreed survey with appropriate setbacks as outlined out on Schedule "B" (the "Borden Crescent Lands"). The Town shall accept the Borden Crescent Lands "as is" and "where is" with absolutely no warranties of any kind whatsoever including, but not limited to, environmental issues, easements, encroachments, rights of way, fitness for purpose, conservation issues and quality of purpose use. 3. Shall pay to the Town the sum of $191,050 of the $267,000 as highlighted within Schedule A, Section 4 comprising approximately 66 acres and defmed in By-law#3418. 4. Shall not object, block, hinder or delay the severance and building of lots on the Young Street Lands. 5. Shall provide full easement rights for the joint TGCC and Carroll Trail lands that are located on the Golf Course Lands and the current TGCC property. TGCC shall enter into an blanket easement agreement on or before January 31, 2012 (the "Easement Agreement"), which shall be registered on title to the current TGCC lands and Golf Course Lands, whereby the current use of the Carroll Trial lands and shared TGCC trial shall be freely used by the general public in accordance to its current use as a parkland/trail and such easement agreement shall be in perpetuity to bind the assigns and successors of he TGCC. The Parties shall define the width of the Carroll Trail and the Carroll Trail shall include all benches, refuse containers and the surrounding lands that such ancillary items occupy. 6. Shall prepare and execute all documentation, satisfy all conditions of the severance (if any) and shall solely pay all costs of such severance, including, but not limited to, surveying, legal, registration and application costs for obtaining the severance,. satisfying all conditions of the severance and transfer relating to the Borden Crescent Lands. The TGCC shall obtain the severance and transfer the Borden Crescent Lands to the Town no later than February 28, 2012. The Parties agree that the transfer of the Borden Crescent Lands may not necessitate a severance pursuant to section 50(3)(c) of the Planning Act. 7. Covenant that it shall honour the preexisting TCGG and Town Trail Maintenance Agreement including the Toboggan Hill as attached to this MOU as Schedule C. The TGCC agrees that the Town Trail Maintenance Agreement including the Toboggan Hill shall be registered on title to the current TGCC lands and Golf Course Lands. 8. Execute the Easement Agreement to be prepared by the Town in accordance with the terms of the MOU along with such other terms to affect the purpose as stated in paragraph 5 of the MOU and permit the Easement Agreement to be registered on title with the consent of present and future mortgagees, by February 28, 2012 consistent with the Ontario Registry terms and conditions. 9. The TGCC covenants to retain and not transfer, convey, gift or sell the Golf Course Lands as acquired by this MOU for a minimum of thirty-six (36) months and continue to the best of its ability to operate as a going concern. 11.07.11 5. Upon receipt of $191,050 as identified in paragraph 3 of the covenants of TGCC and conveyance of the Golf Course Lands approximately 66 acres and registration of the Easement Agreement the long term debt with the TCGG shall be deemed to be satisfied in full. 6. Shall obtain full easement rights for the joint TGCC and Carroll Trail lands that are under the ownership of TGCC by January 31, 2012 pursuant to the Easement Agreement. 7. Shall be responsible for the legal and survey costs for the creation and transfer of property deeds as they relate to the Young Street Lands. 8. Shall honour the TCGG and Town Trail Maintenance Agreement including the Toboggan Hill as defined in Schedule C. 9. Shall assume all future property taxes for all properties transferred to the Town pursuant to this MOU. I 0. Shall pay the debt reduction penalty deemed by the Ontario Infrastructure Partnership Corporation fee which is undetermined at the writing of the agreement. 11. Agrees that there is no tax abatement, deferral or relief is contained in this agreement. 12. Agrees that the lands known as the Carroll Trail that are not part of the Golf Course Lands remain within the ownership of the Town. Notwithstanding any other term of this MOU, the Parties recognize that although the transfers of lands as listed in this MOU are for no consideration nevertheless the transfers may reflect other consideration and as such may be subject to Land Transfer Tax therefore the Parties agree to work together to reflect the actual value of the transfers for the purposes of Land Transfer Tax in the best interests of both the Parties. The Parties agree that more formal and definitive agreements shall be required in order to carry out the terms and spirit of this MOU. Such formal definitive agreements may modify the implementation of the structure of this MOU. SIGNED in the presence of: We have authority to bind the Corporation. THE CORPORATION OF THE TOWN OF TILLSONBURG ~ M•ym ~··· (-r5t~ c:-:~ / 0{.? ·~ (_~-\ 7 · Chief Administrative Office~ We have authority to bind the Town @ Tillsonburg Golf And Country Club (MPACI TheTIIIsonburg Golf And Country Club, Umlted (Registry) CD nusooburg Town tMPACl TheCorpgration OfThi!! Town OfTI115onburg !Registry) §rrat~sportatlon Ministry (MPACl (Her MIIJI:'StyThP Queen In Rlgl1t 01 The flrovlnce Of Onti!rlo, Represented By The Minister Of Highw<ty5) (Registry) 8 ~H~~:~e~~~:~~:~~~~~~~E~:e ~~v~:~s~t~~%:~~~PAC) Represented Byihe Minister Of Gov~rnment Services) iRttgimy) @ Oxford County (MPACI The Corporation Of The County Of Oxford !Registry) ®RoadOrStreet(MPACl Public Authority Having Jurisdlctron !Regrstry) ® Una~essed (MPACI/Young, Robert J. (R~gistry) @ tlradmega Inc. (MPAC, Registry) ~ Seventy Realty Ltd IMPAC .. ~cglstrvl © Craig, John Gordon (MPAC. Regtsttyl -Private/Resrdential ~;:~ Prlvcite/C<>rnmerclal .-Oilf;)-rmburC5 ==a. ·;k.oiJirf'~· ~-IordCow'l'' ~~IOH'/11~ •'/'~lit;!, .. '!' ~'<.~1<{,<:/r I \,/l (' .....--) ..._ ~ ( cv \ I, 'I ' '· \. ' ··~.-.-_y r··· \ ·. ', \ ... ·. ' , I ' _i---~~-_i ___ j ___ i---_J------- Joint Use Trail D Walking Trail 0 Golf Path Only SCHEDULE "C" EASEMENT AGREEMENT DATED this 18th day of September, 2012 BETWEEN: THE TILLSONBURG GOLF AND COUNTRY CLUB LIMITED OF THE FIRST PART (hereinafter referred to as "TGCC") -AND- THE CORPORATION OF THE TOWN OF TILLSONBURG OF THE SECOND PART (hereinafter referred to as the "Town") -AND- BANK OF MONTREAL and 1199734 ONTARIO LIMITED (hereinafter collectively referred to as the "Mortgagees") WHEREAS The Parties entered into an agreement dated whereby certain lands were transferred to TGCC (the "Definitive Agreement"). Contained on the lands conveyed to TGCC and other lands owned by the TGCC is a multi-use public trail. TGCC and the Town have agreed that as part of the consideration for the conveyance of the lands conveyed to TGCC an easement would be granted by TGCC over part of the conveyed and existing lands for the purposes of the multi- use public trail. The Mortgagees have consented to the terms contained in this agreement. Easement Agreement August 3, 2012 -3- 3. The purpose of the Easement is for members of the general public to use, traverse and/or occupy the Carroll Trail for recreational activities which include, but not limited to, hiking, walking, jogging, running, biking, standing, pole walking, roller blading, skateboarding and any other non-mechanized use (the "Use"). The Parties agree that electric wheelchairs, golf carts (on the Shared Carroll Trail), segways, power chairs and other devices to assist the mobility challenged are permitted on the Carroll Trail. The Parties further agree that general public encompasses persons walking animals provided that the animals are on a leash. 4. The Parties agree that the Easement and the Use thereof is confined to that portion of the Carroll Trail as outlined Yellow and Green on Schedule "A" to this Easement Agreement. The Parties agree that the Carroll Trail is 12 feet in width. The Parties agree that the Use does not include any part of the Golf Course and the Use is limited to the Carroll Trail for the purposes as set out in paragraph 3 hereof. 5. TGCC covenants that: a.At no time shall it restrict, impede, prevent or otherwise stop any Use on the Carroll Trail. The To'A'n agrees that TGCC may restrict, impede, prevent or block persons from entering the Golf Course provided that such restriction does not prohibit any Use on the Carroll Trail; b. It shall not erect any barriers on any part of the Carroll Trail except in cases of emergency; c. It shall not erect any signage that state, imply or suggest that the general public cannot enter, use or traverse all or any part of the Carroll Trail. Any signage erected by the TGCC shall be at its own expense and maintenance; d. It shall not construct, repair or modify any part or section of the Unshared Carroll Trial for any reason, including any emergency, without the express written approval of the Town. e. It shall regularly perform inspections of the Shared Carroll Trail as reasonably required, as directed by the Town and/or pursuant to any statute, regulation, by-law and/or common law at its sole cost without contribution of the Town; f. It shall diligently perform all repairs, maintenance and upkeep to the Shared Carroll Trail as reasonably required, as directed by the Town and/or pursuant to any statute, regulation, by-law and/or common law at its sole cost without any contribution from the Town. Such -5- j. the maintenance and repair (including the determination of the standard of maintenance and repair) of the Unshared Carroll Trail shall be the sole responsibility ofthe Town; k. the Town retains the right of preapproval for any works, modifications, maintenance including benches and other ancillary items on any and all portions of the Carroll Trail; and, I. It shall maintain a policy of general commercial liability for bodily injury, death and injury to property sustained by third parties in an amount not less than $10,000,000.00 on the Golf Course Lands, Old Golf Course Lands, the Shared Carroll Trail and Unshared Carroll Trail naming the Town as an insured party. On an annual basis it shall provide a copy of such insurance policy to the Town upon request of the Town. The TGCC covenants to keep the Town and its employees, elected officials, contractors, servants, agents, licensees and customers indemnified against any and 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 (excepting the Unshared Carroll Trail), failure to maintain (excepting the Unshared Carroll Trail), Use or occupancy of the Golf Course, Golf Course Lands, Old Golf Course Lands, Unshared Carroll Trail and Shared Carroll Trail or any part thereof including, but not limited to, any negligent actions of omissions of the TGCC or its members, shareholders, officers, directors, employees, officers, invitees, contractors, servants, agents, licensees and customers. The TGCC further covenants to indemnify the Town and its employees, elected officials, invitees, servants and agents with respect to any encumbrance on or damage to the Carroll Trail and/or personal injury, death or property damage to any person including, but not limited to, invitees, customers, general public, agents, employees, employees of the Town, contractors or licensees occasioned by or arising from the act, default, or negligence by the TGCC (including but not limited to breach of the TGCC's covenants as contained in this Easement Agreement) or its officers, agents, members, customers, servants, employees, contractors, customers, invitees or licensees. Such indemnification shall include any intentional or negligent actions of the TGCC causing environmental damage to the Golf Course or neighbouring lands. The TGCC shall carry public liability and property damage insurance including personal injury liability, contractual liability, employers' liability and owners' and contractors' protective broad form property damage occurrence insurance coverage with respect to the Golf Course and Carroll Trail and their use by the TGCC, coverage to include the activities and operation conducted by the TGCC, coverage for the Use of the Carroll Trial and any other -7- 7. The Parties agree that the Carroll Trail does not include any washrooms, lavatories or restrooms of any kind (whether or not such facilities are open to the general public or used by the general public) and any washrooms located near, beside or on the Carroll Trail are the sole property of the TGCC and at the sole risk of the TGCC. 8. The Parties agree that the Easement Agreement shall be registered on title to the Golf Course Lands and Parts 5 and 6 on Plan 41 R-8799 at the expense of the Town. 9. The Parties agree that the Town has entered into an agreement with Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Transportation of the Province of Ontario (the "MTO") dated August 10, 2009 whereby the MTO has permitted the Town to construct and use a cartpath beneath highway 3 (the "MTO Agreement"). The Town covenants that it will use its best efforts to obtain an assignment of the MTO Agreement to the TGCC in a form that is agreeable to the TGCC and the Town and until the MTO Agreement has been assigned and registered by the Town at the Town's sole expense then the Town grants a sub-easement to the TGCC, and all mortgagees of the TGCC, on the same terms as the MTO Agreement over PART 1, 41R-____ _ 10.The Parties agree that this Easement Agreement is for perpetuity unless released by both the Parties in writing and shall bind all successors, assigns, encumbrances, mortgagees, heirs, transferees, licensees, contractees and agents. 11. Any notice, direction or other instrument required or permitted to be given to the Vendor hereunder shall be in writing and may be given by mailing the same postage prepaid or delivering the same addressed: to the Town at: 200 Broadway Tillsonburg, ON N4G 5A7 with a copy to the Solicitor for the Town at: Mandryk, Stewart & Morgan 65 Bidwell Street Tillsonburg, ON N4G 3T8 to the TGCC at: 101 John Pound Road -9- and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 17.Any terms in this Easement Agreement which are masculine shall be interpreted as either masculine or feminine. For convenience, headings have been inserted into this Easement Agreement and shall not be used in any manner to interpret this Easement Agreement. For the purposes of interpretation, any words in this Easement Agreement that are singular shall be interpreted as if they include the plural and any words in this Easement Agreement that are plural shall be interpreted as if they include the singular. If any term contained in this Easement Agreement is defined in the Definitive Agreement then the interpretation contained in the Definitive Agreement shall apply to the Easement Agreement. If there is any conflict or difference in the interpretation between the Easement Agreement and the Definitive Agreement then the Easement Agreement shall be paramount. 18. Should any provision of this Easement Agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 19. For the consideration of FIVE ($5.00) dollars, the receipt and sufficiency of such is hereby acknowledged, the Mortgagees consent to this Easement Agreement and agree that they are bound by the terms of the Easement Agreement. The Mortgagees further agree that if they become mortgagees in possession and/or sell the Golf Course Lands and/or Old Golf Course Lands and/or foreclose on such mortgage then the terms of this Easement Agreement shall bind any purchasers of the Golf Course Lands and/or the Old Golf Course Lands. Signed this day in Tillsonburg, Ontario The Tillsonburg Golf and Country Club Limited Per: President Vice-President CINe have authority to bind the Corporation.) THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3639 A BY-LAW to Define Municipal Trust Funds and to appoint Trustees to those Trusts Established By The Corporation Of The Town of Tillsonburg. WHEREAS THE Council of the Corporation of the Town of Tillson burg has established Municipal Trusts to receive donations designated for a trust, maintain and manage those trusts. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillson burg enacts as follows: 1. DEFINITIONS: Municipal Trust A municipal trust is a sum of money or property held by one party for the benefit of another. Trustee A Trustee is a person appointed by Council to direct the funds or hold the title of legal property for a beneficiary. 2. General Provisions Except as otherwise provided for in this by-law, all donations designated for a trust received herein shall be deposited into a trust account and may be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of such monies form part of the trust. The Director of Finance or designate for the Town of Tillson burg shall be the Treasurer of the Fund herein. The Auditors as appointed from time to time by Town Council shall cause an audit be made annually of the financial position, operations, and cash flow of the Tillsonburg Trust Funds. Donations made to the Trust Funds shall be receipted by the municipality subject to Paragraph 110 (1) of The Income Tax Act and shall have the same status as gifts to a registered charity. 3. Trustees Trustees must be a member of the public who resides, owns property, owns a business or works in the Town of Tillsonburg. All Trustees are appointed at the pleasure of Council. If a Trustee wishes to resign as a member of a Trust, he/she shall provide the Clerk of the Town of Tillsonburg with a written letter of resignation. Upon confirmation that the Trustee will no longer be serving on the Trust, the Town Clerk, will notify Council of the vacancy and the need for a replacement. Replacement of the Trustee will be advertised in the local paper for a minimum of three issues. The Director of Finance and the Town Clerk shall be Trustees of all Municipal Trusts. They shall participate in the business of the Trust without any restriction including voting. CHEDULE A-TRUST & APPOINTMENTS TRUST NAME: ANNANDALE HOUSE TRUST PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the restoration, refurbish, development and promotion of Annandale House. Donations received herein shall be deposited into this trust account and may be invested in such securities as a trustee may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the restoration and development of Annandale House. TRUSTEE NAME: Cemetery Maintenance Trust PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the general maintenance and upkeep of Tillson burg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the general maintenance and care of the grounds of the Tillsonburg Cemetery. TRUSTEE NAME: Cemetery Trust (Perpetual Care) PUBLIC TRUSTEES (AS APPOINTED BY COUNCIL): Robert Marsden Dianne MacKeigan TERM OF APPOINTMENT: Two Years (end of current Council Term) MANDATE/TERMS OF REFERENCE: To receive, maintain, control and use donations for the perpetual care of Tillsonburg Cemeteries. Donations received herein shall be deposited into this trust account and may be invested in such securities as the trustees may invest in under the Trustee Act, and the earnings derived from the investment of such monies form part of the trust fund. Trustees to determine the disbursement of the funds, to focus on the continuous, everlasting care of Tillson burg Cemeteries. TOWN OF TILLSONBURG BY-LAW NO. 3641 BEING a by-law to enact an agreement with the County of Oxford to join the County Library Service within County of Oxford. WHEREAS the Council of The Town of Tillsonburg passed a resolution on July 9, 2012 requesting the Oxford County Library System permit admission. WHEREAS the Council of the County of Oxford passed By-law #5379-2012 granting admission to the Town of Tillsonburg to the Oxford County Library Service. AND WHEREAS section 6 of the Public Libraries Act, R.S.O. 1990 provides that every county library established under a predecessor of this Part that was being operated immediately before the 29th day of March, 1985, is continued subject to this Part. AND WHEREAS subsection 10(2) of the Public Libraries Act, R.S.O. 1990, provides that the appointing council shall not appoint more of its own members to a board than the number that is, in the case of a county library or a county co-operative library, a bare majority of the board. AND WHEREAS on January 1, 1975, Bill 95, an Act to Restructure the County of Oxford, came into effect that redefined the municipal boundaries and their names as follows: City of Woodstock, Town of Ingersoll, Town of Tillsonburg, Township of Blandford-Blenheim, Township of East Zorra-Tavistock, Township of Norwich, Township of South-West Oxford, and Township of Zorra. AND WHEREAS section 138 of Bill 95, an Act to Restructure the County of Oxford, provided that the operating costs of the County library system shall be apportioned amongst the area municipalities with the exception of the City of Woodstock and the Town of Tillsonburg, in the proportion that the equalized, weighted assessment for each such area municipality respectively, as ascertained under section 81, bears to the total equalized, weighted assessment for such area municipalities. AND WHEREAS the Town of Tillsonburg Library Board and the Oxford County Library Board has recommended that Oxford County Council amend the Oxford County Library Service establishing by-law to include the Tillsonburg Library and increase the Library Board member complement by one County Council member and one layperson. Page 1 of 2 By-law No. 3641-Schedule "A" TILLSONBURG PUBLIC LIBRARY AGREEMENT THIS AGREEMENT made in duplicate this 13th day of August, 2012. BETWEEN: AND: County of Oxford (Hereinafter called the "County") The Corporation of the Town of Tillson burg (Hereinafter called the "Town") WHEREAS County of Oxford By-law No. 1781, being a by-law to establish a County Library Service within the County of Oxford, provides that in the event that a Municipality within the County other than those named in the aforementioned By-law, may request to be admitted to such County Library Service, upon a proper request directed to the County, the establishing By-law may be amended to include such Municipality. AND WHEREAS subsection 7(3) of the Public Libraries Act, R.S.O. 1990 requires that at any time after a county library is established, the council of a non-participating lower-tier municipality or single-tier municipality and the county council may make an agreement bringing the non- participating lower-tier municipality or single-tier municipality into the county library, and the county council shall amend the establishing by-law accordingly. AND WHEREAS the Town of Tillsonburg has requested to be included in the County of Oxford Library system and the Oxford County Library Board has recommended that Oxford County Council amend the Oxford County Library Service establishing by-law to include the Tillsonburg Library and increase the Library Board complement by one County Council member and one layperson. AND WHEREAS the Town and County wish to enter into an Agreement with respect to subsection 7(3) of the Public Libraries Act, R.S.O. 1990 for the purpose of specifying what proportion of the costs of the establishment, operation and maintenance of the county library shall be paid by the county and the lower-tier municipality, respectively. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT: 1. The assets and liabilities of the Tillsonburg Public Library Board, as of December 31, 2012, will be vested with the Town of Tillsonburg with the exception of furniture, fixtures, equipment, book collection and incidentals required for the operation of the library. 2. Employees who serve the Tillsonburg Public Library Board, as of December 31, 2012, will cease to be employed by the Town and costs incurred as a result of their employment to that date, or termination will be the responsibility of the Town. The County shall not be obligated to employ any Town employees terminated as a result of this Agreement. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3642 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.13 LOCATION: SOUTHEAST CORNER OF SIMCOE STREET AND PINE AVENUE (LOTS 1368-1371 I PLAN 500) SC-13 14.5.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-13 Zone use any lot, or erect, alter, or use any building or structure tor any purpose except the following: All uses permitted in Table 14.1; and A donated goods retail store 14.5.13.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-13 Zone use any lot, or erect, alter, or use any building or structure tor any purpose except in accordance with the following provisions: 14.5.13.2.1 For the purposes of this subsection, a "donated goods retail store" shall mean a building or part thereof in which goods, wares, merchandise or articles are stored, offered or kept for retail sale to the public and where those items stored or offered for sale and are procured solely and exclusively through the donations of the goods, wares, merchandise or articles. 14.5.13.3 That all of the provisions of the SC Zone in Section 14.2 of this By- Law, as amended, shall apply; and further, that all other provisions of this By-law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis." 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. BALL ALLEY 1-UJ UJ a:: I-V> a:: <( 0 UJ u SCHEDULE "A" TO BY-LAW No. __ _ LOTS 1368-1371, PLAN 500 TOWN OF TILLSONBURG SIMCOE STREET I N69-54-00W i 80.86 I i ' "' \J i '\ '\ ! ") ") ' w "' "' ' 0 ":'"' I "'"' 6~ "' z " " " \J \:) I \:) 'v 'v ' 'v ' 80.86 METRES 10 10 20 - : ' 0) 'b <o <o ") ") "' "' lJ.J 0 9"' "'"' 90 OLI"l N " z \) \:) \) 'v '0 I -- THIS IS SCHEDULE "A" D AREA OF ZONE CHANGE TO SC-13 TO BYLAW No. PASSED NOTE: ALL DIMENSIONS IN METRES THE __ _ DAY OF ___ , 2012 lxf:-J.Cig;;!!,1!{,,"''1J'' Produced By The Department of Corporote SPrvices Information Systems ©2012 MAYOR CLERK 30 THE COPRPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3638 A BY -LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWN OF TILLSONBURG WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a By- law 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 Tillson burg is desirous of passing a By- law 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 By-law 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". PART 1 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 PARTS ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY 5.01 OCCUPANCY STANDARDS 5.02 TOILET AND BATHROOM FACILITIES 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 3 c) with respect to matters relating to fire, as the Fire Code; and d) with respect to matters relating to plumbing, as the Plumbing Code. 14) "Committee" -means the Town of Tillson burg Property Standards Committee established under this By-law. 15) "Corporation" -means the Corporation of the Town of Tillson burg 16) "Council" -shall mean the Council of the Corporation of the Town of Tillsonburg. 17) "County" -means the Corporation of the County of Oxford 18) "Dwelling" -means a building or part thereof, used or designed to be used as a residence and containing one or more dwelling units 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 Corporation of the Town of Tillson burg 5 43) "Sanitary Sewage" -means liquid or water borne waste; (i) of industrial or commercial origin, or (ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste. 44) "Sanitary Sewer-means a sewer for the collection and transmission of sanitary sewage and industrial wastes and to which storm, surface and ground waters are not intentionally admitted. 45) "Sewage" -shall include drainage, storm water, industrial wastes and sanitary sewage. 46) "Sewage system" -means the Town of Tillsonburg/County of Oxford system of storm sewers, sanitary sewers and combined sewers. Also a 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 Tillson burg. 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 7 1. No machinery or parts thereof, or other object, or material, not associated with the normal occupancy and use of a property, including among other things, appliances, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry material or glass, other than that intended for immediate use on the property, shall be stored or allowed to remain in an exterior property area. 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 9 2. Parking lots, driveways and other similar public access areas of a yard shall be kept clean and free of litter, rubbish, waste, salvage, refuse, debris and objects or conditions that might create a, fire, accident or health hazard. 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 11 2. Any unused or discarded sign(s) shall be removed from the property. 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 By-law 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. 13 1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust. 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 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. 4. In every multi-residential dwelling where a security locking-and-release system has been provided in the front or rear lobby for the entrance into the multiple 17 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 By-law. 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. 4.12 LIGHTING 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. PART5 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 By-law; d) floors and walls are constructed so as to be impervious to leakage of underground or surface run-off water. 5.02 TOILET AND BATHROOM FACILITIES 21 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 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 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 By-law shall apply to all property within the limits of the Town. 7.02 MEASUREMENT 1. The imperial measurements contained in this By-law are given for reference only. 7.03 PROPERTY STANDARDS COMMITTEE 23 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'. 7.06 APPEAL TO PROPERTY STANDARDS COMMITTEE When the owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of the order, he/she may appeal to the Property Standards Committee by sending notice of appeal, stating the owner's reasons for the appeal, by registered mail to the secretary of the committee within fourteen days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. The Secretary of the Committee shall, upon receipt of the notice of appeal, fix 25 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. 2. The officer, the municipality or anyone acting on behalf of the municipality is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Chief Building Official or an officer in the reasonable exercise of his or her powers under section 8.03. If the order was not served before measures were taken to terminate the danger, the officer shall serve copies of the order in accordance with section 8.02 as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the officer describing the measures taken by the municipality and providing details of the amount expended in taking the measures. 27 1. Town of Tillsonburg By-Laws 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 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 TILLSONBURG BY -LAW NUMBER 3640 A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillsonburg and, in particular, governing rights, entitlements and restrictions 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 ofTillsonburg; AND WHEREAS the Funeral, Burial and Cremation Services Act (FBCSA), 2002, S.O. 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 the Council of the Corporation of the Town of Tillsonburg deems it expedient and necessary to repeal By-Law 3628 in its entirety; 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 Lead hand: A person(s) designated by the Corporation of the Town of Tillsonburg to execute all rights and responsibilities under this by-law and under the Act. Cemetery Operator: The Corporation of the Town of Tillson burg. 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 38 inches by 120 inches, 38 inches by 96 inches and 48 inches by 120 inches. 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 Burial of Pets or Other Animals: Pets or other lower animals, including cremated animal remains, are prohibited from burial or scattering on cemetery grounds. Right to Re-Survey: The Cemetery has the right at any time to re-survey, enlarge, diminish re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities. Notice of Resale and Transfer of Interment Rights: The Cemetery Operator permits the interment rights holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, provided the sale or transfer is conducted through the Cemetery Operator and the purchaser meets the qualifications and requirements as outlined in the Cemetery Operator's by-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. 3 Cremated remains are not permitted to be scattered on a grave. Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the Cemetery Operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health 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). The Cemetery will permit multiple interments under the following limitations: Only one full burial per standard adult grave Two cremains in a cremation plot; Up to four cremains in a standard adult grave; Up to three cremains in a standard adult grave where there has already been a full body burial; Two cremains in a columbarium niche. When cremains are to be interred in a grave in which there is to be a full adult burial at a later date, cremains must be in an urn that will not decompose over time or an urn vault. The body of a deceased person must be buried/entombed in the receptacle that was used for transportation to the Cemetery such as a casket, container or receptacle. It shall be the responsibility of the funeral director/vault company to lower the remains into the grave. The Cemetery assumes no responsibility in the actual interment. Double depth interments will not be carried out due to the sandy soil conditions which present a safety hazard. In the case of pre-need arrangements already made, approval by the Director of Parks & Recreation Services is required before a double depth interment can take place. Interments on Statutory Holidays and interments after business hours are subject to an extra surcharge as set out in the Town Rates & Fees By-Law. 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, 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 shall not be held responsible for any damage sustained to the flower vases, wreath stands, low shrubs, or any submerged articles by employees of the Cemetery, where such damage may occur during the process of removing snow, ice, or frozen ground for the purposed of preparing a grave and the general maintenance of the Cemetery. 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 the Tillsonburg Cemetery 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 full depth foundations shall be constructed of solid concrete to a minimum depth of 5'-0" below the natural ground surface. All marker(s) will be installed by the Cemetery Operator in the appropriate location on the lot. All conventional monuments, except natural field stone, require a minimum six (6) inch base. The base/length of the monument shall not exceed two-thirds (2/3) the width of the plot on which the monument is erected, except in the case of a single lot where no upright monument will be allowed that exceeds two (2) foot, six (6) inches in overall width or thirty two (32) inches in overall height. 5 F. ITEMS THAT ARE PROHIBITED AND PERMITTED The Cemetery Operator reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders, visitors to the cemetery and cemetery employees, prevents the Cemetery Operator from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be removed and disposed of without notification, including all glassware or crockery. The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. The scattering of cremated remains is not permitted on a grave or within the cemetery. There shall be no discharge of firearms except at a military funeral. No dogs or other pets shall be permitted in the cemetery. Picnics shall not be permitted within the cemetery. G. MONUMENT CONTRACTORS Every contractor employed to erect markers or do any work in the cemetery shall first present an application to the Cemetery Operator signed by the interment rights holder or his representative requesting permission to employ such contractor to do the work specified. The demeanor and behavior of all contractors employed by others in the cemetery shall be subject to the control of the Cemetery Operator. Contractors shall lay planks on the lots and paths over which heavy materials are to be moved in order to prevent damage to the grounds. Contractors shall cease work in the immediate vicinity of a funeral until the conclusion of the service. All work must be done during regular cemetery hours. No work shall be started on Saturday that cannot be completed and litter and debris removed by noon Saturday. The employee of any contractor who damages any plot, monument, marker or other structure or otherwise does any damage in the cemetery shall be held liable for such damage. H. ADMINISTRATION 1 . This By-law may be cited as the "Cemeteries By-law''. 2. That By-Law 3628 shall be repealed in its 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 13TH DAY OF August, 2012. READ A THIRD AND FINAL TIME AND PASSED THIS 13TH DAY OF August, 2012. Mayor-John Lessif Clerk -Donna Wilson 7 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3643 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 13th day of August, Zl12 WHEREAS Section 5 {1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 {3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings 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 TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on August 13, 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 of The Corporation of the Town of Tillsonburg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 13th DAY OF AUGUST, Zl12 READ A THIRD AND FINAL TIME AND PASSED THIS 1J'h DAY OF AUGUST, 2012. MAYOR -John Lessif CLERK-Donna Wilson \ I I COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: August 13, 2012 RESOLUTION NO.: 1 MOVED BY: RESOLVE THAT the Agenda as prepared for the Open Session of the Council Meeting of August 13, 2012, be adopted. D Recorded Vote D Defeated D Deferred D Tabled k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: August 13, 2012 RESOLVE THAT Council move into Closed Session, to consider matters relating to: Matters relating to personal matters about an identifiable individual-including Municipal employees, Matters relating to the security of the property of the municipality, Matters for the purpose of education or training the members. d'carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: August 13, 2012 RESOLUTION NO.: _::::...3 __ MOVED BY: RESOLVE THAT the Minutes of the Open Council Meeting of July 9, 2012, be approved. fficarried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: _____;4:..___ Date: August 13, 2012 MOVED BY: RESOLVED THAT Council approve the Zoning By-Law amendment ZN 7-12-04, submitted by Goodwill Industries Ontario Great Lakes, to rezone the subject lands from 'Service Commercial Zone {SC)' to 'Special Service Commercial {SC-Special) SC-13, as detailed in the 'Recommendations' contained in County of Oxford Report 2012-198; FURTHER RESOLVE THAT By-Law 3642, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration for first and second reading. ~rried D Recorded Vote D Defeated D Deferred D Tabled __ 0, __ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=5'------Date: August 13, 2012 RESOLUTION NO.: -=-5 __ €0 ~......___--·-·-·· SECONDEDBY: ----~~~--~----- MOVED BY: RESOLVE THAT the Town ofTillsonburg Committee of Adjustment defer Application File A 08/12, submitted by Jules & Diane Poszgai for lands described as Part Lot 1469, Plan 500, designated as Part 2 on Reference Plan 41R-6803 in the Town of Tillson burg to the September 10, 2012 meeting for the following reason: To ensure that proper public notice is given in accordance with the Planning Act. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 15 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives CAO 12-16, 2012 Second Quarter Year in Review as information. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 16 Date: August 13, 2012 RESOLUTION~ MOVED BY: m f4La SECONDED BY: -~___::::~~;;3!:=:::::::==::::...._ __ RESOLVE THAT Council receives FIN 12-33, 2012 Second Quarter Financial Results as information. ~Carried D Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receiv IN 12-34, 2012 Second Quarter Finance Department report as information. c{carried D Recorded Vote D Defeated D Deferred D Tabled _f).i_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 18 Date: August 13, 2012 RESOLUTION NO.: 9 MOVED BY: ~ h~-+--- SECONDED BY:# ..,6 RESOLVE THAT Council receives DCS 12-49, 2012 Second Quarter Development and Communication Services report as information. D Carried Recorded Vote D Defeated D Deferred D Tabled +Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 19 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives OPS 12-12, 2012 Second Quarter Operations Services report as information. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 20 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives PRS 12-15, 2012 Second Quarter Parks and Recreation report as information. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 21 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives FIR 12-02, 2012 Second Quarter Fire Services report as information. D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 22 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive the correspondence from the Tillsonburg Library Board, regarding the resolution that they will cease operations as a Library Board effective December 31, 2012, as information; FURTHER RESOLVE THAT Council accept the resignations of the Library Board Members, namely, Marguerite (Peg) Hogarth, James E. Jakes, Robert Marsden, and Richard Saxby effective December 31, 2012; AND FURTHER RESOLVE THAT Council accept the resignations of Barb McKinnon, Catherine Burke, and Cass Dagg-Murphy effective immediately. 0 Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 23 Date: August 13, 2012 RESOLUTION NO.: 14 MOVED BY: RESOLVE THAT Council receives CAO 12-17 for information purposes; FURTHER RESOLVE THAT By-Law 3641, to enact an agreement with the County of Oxford to join the County Library Service, be brought forward for Council consideration. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives CAO 12-14 Town Owned Parkland for information purposes; D Recorded Vote D Defeated D Deferred D Tabled ___!j1L. Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 Date: August 13, 2012 MOVED BY: FURTHER RESOLVE THAT staff begin the planning process to rezone one (1) lot on the south side of the Glendale Park (Property 19) with frontage on Allen Street. ~arried D Recorded Vote ~efeated Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ~Lf RESOLUTION NO.: MOVED BY: D Recorded Vote e erred D Defeated D D f Date: ---- D Tabled -JJ,bL-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 25 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives CAO 12-13 Special Event Centre Hydro Drops for information purposes; FURTHER RESOLVE THAT Council endorse payment of $5,000 to the Kiwanis Club for the purchase of 100 hydro drops installed prior to 2003 to be funded from the sale proceeds. ~ Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _2=6=-----Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive CAO 12-15 The Bridges Golf Course Lands for information purposes; FURTHER RESOLVE THAT By-Law 3644, To Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the Tillsonburg Golf and Country Club Limited, be brought forward for Council consideration for a first and second reading. D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION ' AGENDA ITEM NO.: 27 Date: August 13, 2012 RESOLUTION NO .: 19 MOVED BY: RESOLVE THAT Council support the Town submitting a project for the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF} for the Memorial Park Revitalization Project. ~rried D Recorded Vote D Defeated D Deferred ~ed ___ Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: --=~-Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council instruct the CAO to complete a letter of partnership support for the Lake Lisgar Revitatlization Phase Ill project submission to the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund {CIIF). ~ried D Defeated D Deferred D Tabled D Recorded Vote _Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 27 Date: August 13, 2012 RESOLUTION NO.: 21 MOVED BY: ~# RESOLVE THAT Council support the County of Oxford application for a grant under the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund {CIIF) for the enhancement of the building known as the Tillsonburg Public Library. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 28 Date: August 13, 2012 RESOLUTION NO.: 22 Q=-??h~ SECONDEDBY: --------~~~~------------~~~------ MOVED BY: RESOLVE THAT Council receive FIN 12-31 Executive Summary to By-Law 3639; FURTHER RESOLVE THAT By-Law 3639 to define Municipal Trust Funds and to Appoint Trustees to those Trusts, be brought forward for Council consideration for three readings; ~~~~11~ AND FURTHER RESOLVE THAT t:j:le ~the Ross Allen Estate Trust be useel to elefray..the ~r1ses ineurred relatil,g to the transfer of the Library to the County of O>ffot:Q. \,._o ~ ~ k~+~--~ \ ~ D Recorded Vote D Defeated D Deferred .) D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 29 Date: August 13, 2012 RESOLUTION NO.: 23 "! Cl C> ~LA ~./-1--1 - ' MOVED BY: SECONDED BY: ..L,~Ff-!.()J,L......,.,...,:.~~·.!...Ff.._ ~. ___ _ RESOLVE THAT Council receives FIN 12-32 Reserve Contributions for information purposes; FURTHER RESOLVE THAT the net proceeds on the sale of assets as itemized in this report be contributed to general reserves. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~/Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 30 Date: August 13, 2012 RESOLUTION NO.: 24 MOVED BY: t::::. ~~----- SECONDED BY: $f ~ RESOLVE THAT Council receive Report DCS 12-33 as information. @carried D Defeated D Deferred D Tabled D Recorded Vote ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 31 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report DCS 12-46 as information. 0 Carried D Defeated D Deferred D Tabled D Recorded Vote *Mayor's Initials COUNCil RESOLUTION AGENDA ITEM NO.: 32 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report DCS 12-47 as information. c6 Carried D Defeated D Deferred D Tabled D Reco rded Vote ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 33 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives report DCS 12-50-Zoning By-Law Update as information. "arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 34 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receives Operations Services Report OPS-12-10-Tender T2012-004- Supply and Placement of Concrete Sidewalk and Curb and Gutter for information purposes; FURTHER RESOLVE THAT Tender T2012-004 be awarded to United Contracting of London at a cost of$ 46,039.59. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 35 Date: August 13, 2012 RESOLUTION NO .: 29 --_____ ..... MOVED BY: RESOLVE THAT Council receives Operations Services Report OPS12-11 Tender T2012-003- Supply and Placement of Hot Mixed Asphalt Paving for information purposes; FURTHER RESOLVE THAT Tender T2012-003 be awarded to Permanent Paving Ltd . of Woodstock at a cost of $116,472.21. cz{ Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 36 Date: August 13, 2012 RESOLUTION NO.: 30 MOVED BY: G::::i-2\~h~=======---~/~--bL!Z---SECONDED BY: RESOLVE THAT Council receive Report PRS 12-02 Updates to By-Law 3628 Cemetery as information; FURTHER RESOLVE THAT By-Law 3628 be repealed and By-Law 3640 to govern the operation of municipal cemeteries, be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials Page 1 of 2 COUNCIL RESOLUTION AGENDA ITEM NO.: 39 Date: _...:....A.:..::uccg.=.;u s::..:t'-"1=3.L.., =-20=..:1==2=---- RESOLUTION NO.: 31 MOVED BY: @.::::::::::::;:J:::::,.......,===~==/~=-~. ~L_~z..._- SECONDEDBY: -----~~~~~-{~~c-~~--~------ WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE BE IT RESOLVED THAT Council support the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offences related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts; AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures; ~arried D Recorded Vote D Defeated D Deferred D Tabled -A Mayor's Initials AND that this resolution be sent to: The Honourable Dwight Duncan, Minister of Finance; Premier Dalton McGuinty; Ernie Hardeman, MPP Oxford; D D Carried Recorded Vote D Defeated D Deferred Page 2 of 2 D Tabled ____ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 40 Date: August 13, 2012 RESOLUTION NO.: 32 MOVED BY: - WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province, AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations; AND WHEREAS any new casino development may significantly impact the community and surrounding areas; AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of any new casino; THEREFORE BE IT RESOLVED THAT the municipality requests the Legislative Assembly of Ontario to immediately pass Bill76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino; AND THAT this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance;=MQAt@ Ms~Ja11glitoi 1. D Recorded Vote ~1e ~8YVtW\ D Defeated D Deferred D Tabled ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 41 Date: August 13, 2012 MOVED BY: RESOLVE THAT By-Law 3644, To Authorize an Agreement Between the Corporation of the Town of Tillsonburg and the Tillson burg Golf and Country Club Limited, be read for a first and second time and this constitutes the first and second reading thereof. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 42 Date: August 13, 2012 RESOLVE THAT By-Law 3639, To Define Municipal Trust Funds and to Appoint Trustees to Those Trusts Established By The Corporation of the Town of Tillson burg, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3639, 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 ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 43 Date: August 13, 2012 RESOLUTION NO.: 35 MOVEDBY: ~ SECONDEDBY: ---~~~--~~)~-----~~----~------- RESOLVE THAT By-Law 3641, to enact an agreement with the County of Oxford to join the County Library Service, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3641, 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 ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 44 Date: August 13, 2012 RESOLUTION NO.: MOVED BY: ·. RESOLVE THAT By-Law 3642, to amend By-Law 3295, Goodwill Industries Ontario Great Lakes, 79 Simcoe Street, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3642, 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. Qcarried D Recorded Vote D Defeated D Deferred D Tabled k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: 45 RESOLUTION NO.: 37 MOVEDBY: ~ SECONDED BY: Date: August 13, 2012 - RESOLVE THAT By-Law 3638, For Prescribing Standards for the Maintenance and Occupancy of Property Within the Town of Tillson burg, 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/arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 46 Date: August 13, 2012 RESOLVE THAT By-Law 3640, to govern the operation of municipal cemeteries under the jurisdiction of the Town of Tillson burg and, in particular, governing rights, entitlements and restrictions with respect to interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o. 2002, c.33, be read a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3640, 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. ~ied D Recorded Vote D Defeated D Deferred D Tabled $aver's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: 47 Date: August 13, 2012 MOVED BY: SECONDED BY: _:~~~=~===-------- RESOLVE THAT By-Law 3643, To Confirm the Proceedings of the Council Meeting of August 13, 2012, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3643, 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 Recorded Vote D Defeated D Deferred D Tabled ¥-Mayor's Initials Mayor John Lessif City Hall Tillsonburg ocs~ Ontario Convenience Stores Association 10 Lisgar Ave, Tillsonburg ON N4G 5A5 Dear Mayor Lessif, July 26th, 2012 On behalf of the Ontario Convenience Store Association (OCSA) and the many convenience store retailers in southwestern Ontario, I would like to address a serious problem impacting not only small businesses in the community, but the safety and security of your residents. The distribution and sale of contraband tobacco is a growing across Ontario, including cities like London, with a trickle-down effect to neighbouring communities. Cigarette butt studies conducted in London between 2007 and 2009 show the consumption of contraband cigarettes at 20%. Butt studies at local high schools show that 35% of cigarettes smoked by youth were contraband products. In January of this year, 75,000 illegal cigarettes were seized by London RCMP officers, reinforcing the fact that contraband tobacco has become a major issue in the London area. This problem that was once limited to Eastern Ontario is growing rapidly in municipalities across our province. Not only does the sale of contraband hurt small business and government through tax evasion, it contributes to organized crime schemes and the deterioration of community safety. The health and safety of our young people is also at risk. Contraband is typically sold at very low cost and without age verification checks, making it easily accessible to underage youth. The Ontario Government announced in its 2012 Budget positive measures that will help combat contraband tobacco. These measures-enforced through the Tobacco Tax Act and Bill 186 -will better enable law enforcement to deal with violators of contraband laws, strengthen the registration system for retail dealers, and expand the regulation and enforcement bod ies that already exist within the province. The OCSA applauds these measures and seeks to ensure they are rapidly implemented. On Tuesday, June 26th 2012, the London City Council passed a motion requesting that the Mayor write a letter encouraging the Ontario Minister of Finance to follow through on promises to increase resources in the fight against contraband tobacco. As a neighbouring community, there is no doubt that the effects of the increasing illegal tobacco trade in London affect your constituents, and the convenience store retailers in your community. It is because of this that we request the Tillsonburg Town Council pass a similar motion (please see below), adding your voice to a growing list of municipalities such as Ottawa, North Bay, Sudbury, Sault Ste. Marie, Windsor and Oshawa in stopping the spread of contraband tobacco in our communities. Taking this important action at the local level will help in addressing this serious problem. Should you have any questions, I have provided my contact information below. I hope that your local convenience store retailers can count on your support to address this vital public safety issue. Best Regards, Dave Bryans CEO Ontario Convenience Stores Association (OCSA) PROPOSED MOTION FOR ADOPTION BY THE TILLSONBURG TOWN COUNCIL WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity AND WHEREAS contraband tobacco products are easily accessible in our community; AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE be it resolved that this Council request the Mayor write a letter to the Ontario Minister of Finance in support of the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offenses related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles. • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts. AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures. AND that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. TOBACCO ENFORCEMENT (FROM THE 2012 ONTARIO BUDGET) Tobacco use continues to be the leading cause of preventable disease and premature death in Ontario. The government's Smoke-Free Ontario Strategy has made the province a leader in tobacco control. Ontario remains committed to reducing smoking among youth and other vulnerable persons, and to achieving the lowest smoking rate in Canada. As part of this commitment, the government intends to take the necessary steps to increase fines on those convicted of selling tobacco to youth and to impose stronger sanctions for repeat offenders of Ontario's tobacco-related laws. These sanctions would include prohibiting a retailer from selling tobacco products or lottery tickets and would be implemented by the fall. The availability of cheap, illegal tobacco makes it easier for non-smokers, especially youth, to start smoking, and removes an incentive for smokers to quit, undermining the government's policies to reduce smoking. The government will work with key partners to further educate the public about health and social problems associated with tobacco and will undertake research to help measure the impact of its tobacco strategies on smoking levels in the province. Ontario has also committed to doubling enforcement efforts to address the supply of cheap, illegal tobacco. As part of this commitment, the government will focus on the implementation of additional regulatory, enforcement and other provisions in Bill 186, which was enacted in 2011. With the goal of enhancing oversight over the distribution of raw leaf tobacco in the province, Bill 186 provides for the regulation of raw leaf tobacco under the Tobacco Tax Act, effective October 1, 2012. In this context, raw leaf tobacco includes flue-cured tobacco as well as black and burley tobacco, and it also includes fully or partially processed tobacco. Tobacco growers, dealers, processors, importers, exporters and certain transporters will be required to register and report with the Ministry of Finance in order that this key component in the manufacture of tobacco products can be tracked throughout the supply chain. As the regulations are drafted, the Ministry of Finance will consult with key stakeholders including First Nations leadership. Ontario also proposes to introduce amendments to the Tobacco Tax Act in the fall to provide additional enforcement and compliance tools. As part of this process, the government is actively exploring a number of measures, including: • increased fines for those convicted of offences related to illegal tobacco; • enabling law enforcement officers to ticket those found with smaller amounts of untaxed, illegal tobacco; • impounding vehicles used to transport illegal tobacco; • providing for the use of court-authorized tracking devices; • forfeiture of items seized as evidence of a contravention of the Tobacco Tax Act; • authorizing a vehicle to be stopped, detained and searched if there are reasonable and probable grounds to believe that it contains raw leaf tobacco and, if there has been a contravention, to seize that tobacco; • strengthening the registration system for retail dealers; • replacing Ontario's yellow tear tape with the federal stamp; • adopting best practices that have proven to be effective in other provinces; and • strengthening other provisions to improve the effectiveness of the statute in meeting the government's commitments. Consultation and discussions with stakeholders and key partners, including First Nations communities and organizations, will take place as part of this process. Ontario will continue its ongoing dialogue with First Nations communities and organizations, band councils, and on-reserve tobacco manufacturers with the goal of expanding its understanding of tobacco issues on reserves. The government will also work with First Nations to explore ways to modernize the system for allocating untaxed tobacco products as well as options related to First Nations self-regulation of tobacco on reserve. The availability of cheap, illegal tobacco is a significantly complex issue and requires the active involvement of governments of neighbouring provinces; the federal government; First Nations leadership; and numerous policing and enforcement agencies including the Ontario Provincial Police, Royal Canadian Mounted Police, First Nations policing services, municipal public health units and municipal police services. The ministry will continue to actively build relationships with other ministries, governments, First Nations leadership, and various enforcement agencies to work together on common goals and share best practices. Ontario is working collaboratively with the federal government and other provinces to enhance tobacco enforcement. To effectively address illegal tobacco, joint tobacco enforcement and administration agreements are needed between Ontario, other provinces and jurisdictions, and various federal agencies. Ontario is particularly concerned about the impact of the proposed relocation of the Canada-U.S. border crossing currently located in Cornwall. Over the next three years, the implementation of Bill 186 measures as well as the proposed measures to address illegal tobacco would raise revenues of $375 million. By 2014-15, additional annual revenue would be $175 million, with additional annual enforcement costs of $34 million. Source: 2012 Ontario Budget: Chapter IV: Tax and Pension Systems, March 2012 Contraband Tobacco-The Facts What is Contraband Tobacco? • Illegal cigarettes, often referred to as contraband tobacco, are products that do not comply with Canada's tobacco regulations -specifically those regarding importation, stamping, manufacturing, distribution and taxation. • Contraband cigarettes are typically manufactured in illegal facilities on reserves in both Canada and the US. These products are sold and distributed via 350 smoke shacks in Ontario I Quebec, which sell baggies of 200 contraband cigarettes for as little as $10-$15 per baggie. What are the negative effects of contraband on communities and youth? • Lost Revenue for Government: Contraband products are not subject to all levels of taxation and can be purchased at a much lower cost to consumers than legal products, resulting in lost revenue from taxes. • More Accessible to Young People: Contraband products are sold without age verification checks, making them far more accessible to young people to whom they are sold without mandated health warnings. • Supports organized crime, putting communities at risk: The spread of contraband results in the growth of an underground, illegal economy. The RCMP has identified over 175 organized crime groups involved in the contraband trade. Revenue from contraband tobacco sales also support other illegal industries-most recently, the sale of contraband fuel on reserve which hurts our small businesses further. How can we stop Contraband Tobacco? • In the 2012 Budget, the Ontario government has introduced a variety of measures that will help in eradicating contraband tobacco, including more power for law enforcement, tougher fines for violators, and working with other jurisdictions to eliminate this serious problem. These will be enforced through the Tobacco Tax Act and Bill 186. • We ask our retailers to encourage the Government to implement these measures in a timely fashion so that we can address the contraband tobacco issue in Sault St. Marie and throughout our province. We also ask retailers to engage their Municipal councilors in a dialogue on Contraband so that we can move towards eliminating this serious public safety challenge. SOlAR POWtR ntTWORK" Dear Mayor Lessif and Members of Council of the Town ofTillsonburg, Solar Power Network (SPN) is a thoroughly Ontarian company specializing in the installation of domestically-manufactured solar panels on unused commercial, industrial, and institutional rooftops. SPN has thus far partnered with 1 building owner in the Town ofTillsonburg and, in support ofthis partnership; we are seeking Council's endorsement to develop a rooftop solar network within the community. This endorsement will, under the new Feed-In Tariff program rules, grant priority to local businesses in receiving Ontario Power Authority (OP A) approval to commence installation, but will in no way circumvent the right of the Council for the City of Timmins to engage in review or oversight of these projects. Solar Power Network is not seeking and will not seek any financial or material aid from the Town ofTillsonburg. Unlike wind turbines or ground-level solar farms, rooftop solar neither ties up valuable real estate nor interrupts the natural beauty of the landscape. In fact, the one-of-a-kind zero-penetration panel mounting approach developed by our engineers installs at such a low profile as to generally be invisible from street- level, resulting in total preservation of building aesthetics. Encouraging the development of rooftop solar will further the environmental plan of the Town of Tillsonburg and stimulates local commerce without introducing problematic eyesores. Due to schedules imposed by the Ontario Power Authority, time is a factor in this endorsement process. If we are to begin developing these valuable partnerships during the 2012 calendar year, a resolution will need to be passed by end of August at the latest. SPN would be happy to send a delegation to address the Council for the Town of Tillsonburg at the next meeting on August 13th 2012, should it be required. Please also find enclosed in this information package a sample resolution (as drafted by the OP A), as well as a brochure explaining more about the Solar Power Network business model and installation process. We look forward to hearing from you, Peter Goodman President and CEO Solar Power Network PRESCRIBED FORM: MUNICIPAL COUNCIL BLANKET SUPPORT RESOLUTION (Section 6.1(c)(i)-FIT Rules, Version 2.0) Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules, version 2.0. RESOLUTION NO.: __________ _ DATE: _________ __ WHEREAS the Province1s FIT Program encourages the construction and operation of rooftop solar generation projects (the 11Projects11). AND WHEREAS one or more Projects may be constru~ted and operated in [insert the name of • the municipality]. AND WHEREAS, pursuant to the rules goyerning the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Municipalities will be awarded priority points, which may result in these Applicapts being offered a FIT Contract prior to other persons applying for FIT Contracts; . NOW THEREFORE BE IT RESOLVEDTHAT: , Council of the [insert the name of the municipality] supports wi.thout reservation the construction and operation of the Projectsanywhere in [insert the name ofthe rrrunicipality]. This resolution's sole purpose is to enable the participants inth~ FIT Program to receive priority points under the FIT Program an,d may not ~e used for the purpose of any other form of municipal approval in relatio11 totheApplicationor Projects or any other purpose. This resolution shall expire twelve{l2) months 11fter its adoption by Council. 12314365.3 FIT reference number: ------- (Note: Must be inserted by Applicant to complete Application) The sun shines on your roof ... why not get paid for it? Energy from the sun is one of the cleanest, most renewable power generation resources available. The vast majority of Ontario rooftops sit empty, while they could be improving the future of Ontario's clean energy mix, not to mention your business' bottom line. An Ontario-based company, Solar Power Network is an advocate for local solutions to our province's energy needs, using proven solar technology to feed energy back to the grid. AboutSPN Solar Power Network is building a network of companies who are committed to a kinder way to power our future. The concept is simple. Solar Power Network turns customer's unused rooftop space into sources of green revenue. The impact is significant. Solar Power Network's customer network demonstrates a growing commitment to the future of sustainable energy development. Solar is a relatively young industry in Canada, which is what make's Solar Power Network's' extensive experience in rooftop management, engineering and construction so important. Solar Power Network's team of engineers understands how to maximize the use of your rooftop, while minimizing the impact on the structure. Solar Power Network's experience also allows us to be the best business to partner with due to our unmatched rooftop maintenance care, while offering the most straightforward payment programs and lease agreements in the business. SPN is investing in Ontario's future Today, Solar Power Network has successfully grown its Network to include over 230 Ontario companies. These like-minded organizations have joined our growing network of companies who are committed to building a kinder way to power our province's future together. Solar Power Network is turning 6 million square feet of underutilized rooftops into spaces that will generate 60MW of renewable energy. With this kind of early adoption and innovation, solar simply makes sense-for our health well into the future. The Green Energy Act "Our selection process looked at creating a partnership with a competent developer. SPN demonstrated technical and operational leadership with their low panel angle that minimized the risk for Jamieson. Most importantly, lhis partnership enables us to take bold steps toward a cleaner environment." ANDY HOLWELL, Jamieson Laboratories Ltd. The Ontario government understands the importance of green energy in the province's energy mix. In 2009, the Ontario Liberals introduced the Green Energy Act, which through the Ontario Power Authority, guarantees preferential rates to developers of renewable energy. The program offers a 20-year term, allowing building owners to enjoy the security of both preferred rates and an extended commitment to lessening our dependence on coal-fired power plants. To solidify your spot within the program, it's important to act now. Going Green is Good for Business The public is rewarding companies that are good corporate citizens, especially within their local community, more than ever before. In response, many organizations are looking for effective ways to lessen their carbon footprint and demonstrate goodwill toward the community. Instead of waiting for green initiatives to be mandatory or mandated, many companies are looking to SPN for industry leadership. This makes solar the perfect solution: Use your otherwise unused rooftop for a pressing, game-changing environmental cause in Ontario's renewable energy sector-and earn revenue while doing it. Opportunity to generate revenue Solar Power Network knows that your rooftop is the most important part of your building asset. We also believe it can be valuable to your organization's bottom line. Rooftop solar with Solar Power Network is a low-risk, high-reward addition to your organization's green commitment and revenue. It's also a commitment to join a growing network of companies committed to a kinder way to power our future. Low Panel Angle means all rooftops qualify Solar Power Network offers customers an innovative low panel angle, which results in 5 additional pounds per square foot added to your rooftop. This compares with other solar companies who use traditional, higher panel angles, which typically result in an additional 20 pounds per square foot on rooftop. Rooftops that cannot support this additional weight are disqualified, making Solar Power Network the right choice. No Rooftop Penetrations Our installation process respects the integrity of your rooftop structure. With leading panel mounting technology, SPN uses an innovative line of mounting brackets and panel systems that require no penetrations or reinforcements. Through our leading-edge low panel angle, wind load is drastically reduced compared to conventional applications, while maintaining the aesthetics and curb appeal of your current rooftop space. SPN's technology also allows for broader participation in solar panel installations across the province: At 51b/sq ft, our panels put significantly less load on your rooftop structure compared to other industry players, allowing for the use of rooftops that can't sustain traditional panel loads. Trouble-free maintenance We want to ensure the maintenance of your rooftop space continues to be a simple process. Our unmatched maintenance program ensures the warranty on your rooftop is not compromised, while allowing for easy repairs. Once every five years, SPN will remove a string of panels to allow for rooftop repairs at no cost to the partner organization. Should you need to replace your roof envelope within the term of your contract, SPN will remove the entire panel system to facilitate the repairs. Our support team is available seven days a week, and will gladly respond to your needs and make arrangements on the same day. Market Your Organization's Contribution to the Environment Alongside the financial advantages to joining the network, SPN partners also have the opportunity to use their involvement in the program as part of important, ongoing marketing initiatives. Following installation, the SPN team will provide your company with real-time online tracking showing the energy being created on your individual rooftop space-numbers that can used on your website and broader marketing efforts to your audiences. SPN will also provide signage and marketing collateral to help partners demonstrate their contributions to clean energy generation. "SPN has an open and transparent process which really put me at ease. At first, I was apprehensive of the 20 year commitment required by the rental agreement. Surprisingly, my roofer pointed out that the solar panels might actually extend the life of my roof by shielding it from UV rays!" BILL MECHANIC, Checker Industrial Ltd. leasing your roof: A hassle-free process Solar Power Network believes in providing customers with a straightforward process from the first meeting through to when their solar project is connected to the electricity grid. Below is the five point process we follow for each solar project: 1. Lease Agreement with Building Owner · Negotiate lease · Apply to Ontario Power Authority 2. Contract offer from OPA · Local Distribution Carrier (LOG) preliminary • Contract offer from OPA · Contract Acceptance by SPN 3. Connection approval from local hydro company · Detailed Connection Plan submitted by SPN to LOG · Details reviewed by LOC · Approval by LOG 4. Engineering, design and approvals · File Plan with OPA 5. Construction and connection to electricity grid · Notice To Proceed received from OPA · Financing arranged Our leasing agreement looks out for your best interests With an extensive background in rooftop leaseholds, our leasing agreement is the most straightforward and competitive in the industry. We designed our leasing agreement with our partners in mind. At SPN. we understand that your rooftop is an important part of your business operation. As such, our leasing agreement leads the industry in terms of mainte- nance and repair. Not only do we provide our customers with an unmatched maintenance program, but we are available seven days a week to remove panels for repairs, when needed. Our leasing agreement provides for: • Roof repairs over the term of the lease • Preservation of your existing roof warranty • No impact installation guarantee • Flexibility with respect to payment • And much more Solar Power Network Phone: 416.479.0333 Building owners: roofspace@solarpowernetwork.ca 235 Industrial Parkway South Fax: 1.855.328.8261 Press inquiries: pr@solarpowernetwork.ca Unit 3A Toll free: 1.888.737.0408 Careers: careers@solarpowernetwork.ca Aurora, Ontario L4G 3V5 Canada Web: www .solarpowernetwork.ca General inquiries: info@solarpowernetwork.ca Ministre d'Etat (Sciences et Technologie) Minister of State (Science and Technology) (Federal Economic Development Agency for Southern Ontario) (Agence federale de developpement economique pour le Sud de !'Ontario) Ottawa, Ontario K1A OH5 July 5, 2012 Dear Sir/Madam: The Government of Canada is committed to creating jobs, growth and long-term prosperity. As outlined in Economic Action Plan 2012, we are making investments to encourage economic growth and improve the quality of life in communities across the country. I am pleased to announce the launch of the new Community Infrastructure Improvement Fund (CIIF), which will provide $49.6 million over two years to support repairs and improvements to existing small public infrastructure throughout Ontario. Infrastructure such as community centres, cultural centres and local sports facilities serve as important gathering places for families and contribute to building prosperous communities. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) will be administering this program. This investment will boost economic activity and create local jobs, while ensuring our community infrastructure facilities meet the needs of our residents in the long term. Given the short time-span over which the funding will be provided, this program is geared towards the repair and rehabilitation of existing community facilities as those generally require shorter lead times in terms of project start-up and completion and have lower project costs. Municipalities, First Nations governments, and community not-for-profit organizations with eligible projects that can be completed before March 31, 2014, are invited to submit applications with your priority projects. If more than one application is being submitted, please indicate the priority ranking of your applications. We also ask and encourage you to share information about the new program with your local community organizations and not-for-profit entities that may have eligible projects. Under CIIF, eligible recipients may receive a non-repayable contribution of up to 50 percent of eligible costs of an infrastructure project with recipients providing the remaining balance. However, priority may be given to projects that require a CIIF contribution of only 33.3 percent. CIIF contributions will be up to a maximum of $1,000,000. Canada . . ./2 -2 - Additional details on the program criteria such as project eligibility, as well as the program guidelines, application form, and application process, are available online at www.feddevontario.gc.ca/ciif. The application deadline is August 24, 2012. For additional information, please e-mail infrastructure@feddevontario.gc.ca or call 1-866-593-5505. Over the corning months, I look forward to working with you as partners in stimulating our local economies. I am confident we will see the many benefits from the infrastructure improvements brought to communities in Ontario. The Honourable Gary Goodyear, P.C., M.P. PRESCRIBED FORM: MUNICIPAL COUNCIL BLANKET SUPPORT RESOLUTION (Section 6.1(c)(i)-FIT Rules, Version 2.0) Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules, version 2.0. RESOLUTION NO.: __________ _ DATE: ____________ _ WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"). AND WHEREAS one or more Projects may be constructed and operated in [insert the name of the municipality]. AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Municipalities will be awarded priority points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the [insert the name of the municipality] supports without reservation the construction and operation of the Projects anywhere in [insert the name ofthe municipality]. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. This resolution shall expire twelve (12) months after its adoption by Council. 12314365.3 FIT reference number: ------- (Note: Must be inserted by Applicant to complete Application) II TILLSONBURG DISTRICT Cham ber n(Commerce July 23, 2012 To: Re: Report DCS 12-39 Marketable Town Owned Lands Resolution of Council dated July 9th, 2012 We are writing to express our concern over the Recommendations contained in Report DCS 12-39. We note that the minutes of Council from July gth. 2012 indicate that "Council receive report DCS 12-39 Town Owned Lands, as information" and further that "Council adopt the recommendations contained therein". The majority of the identified lands have been transferred or dedicated to the Town through the subdivision process contained in the Planning Act. This legislative requirement ensures that there is adequate green space provided throughout a municipality. They are arrived at through a complex series of approvals, including draft plan approval of the subdivision through the County of Oxford. Throughout this process, the Town and/or County chose to accept dedication of park _lands, over the alternative cash-in-lieu provisions contained in the Planning Act. Disposing of these lands sends a negative message to the development community. In particular, the entire vision for a subdivision can be compromised, as builders utilize green space as selling features for their lots, to offer buffering between land uses, and often co- ordinate the style of the subdivision with the plan for the green space. In a strongly competitive environment, the possibility that dedicated park lands might be sold off might deter potential developers and residents from investing in our Town. It also may result in misrepresentations being made to purchasers. We believe that the benefit to be obtained through sale of these park lands is far outweighed by the benefits to maintaining these lands as open/green space. We also understand that several of the identified properties (contained in the Hickory Hills and Baldwin Place subdivisions) are subject to agreements reached with their respective Residents' Associations. P.O. Box 113, Tillsonburg ON N4G 4H3 Tillson burg District Chamber of Commerce 2 It is our opinion that following a course of action to dispose of these lands would be detrimental to the Town in terms of marketing the Town, and in terms of fairness to the existing landowners who have purchased lands adjacent to what have been described as "park lands". We strongly urge Council to reconsider its position relating to the park lands identified in this Report, and to ensure that these lands remain as park lands for the use and benefit of the entire community. We ask that Council reverse its position, and not take further steps to actively market the lands, especially if they have been dedicated through the subdivision approval process in the Planning Act. We request to be circulated with any additional information relating to this matter. Also, we respectfully request that if additional action is to be undertaking by the Town, that those affected (individual property owners and specific neighbourhoods) be provided with specific notice. Yours truly, Sheryl Williams President cc: Kelley Coulter, CAO I David Samis, Director, Development & Communications Board of Directors, Tillsonburg District Chamber of Commerce P.O. Box 113, Tillsonburg ON N4G 4H3 c.Permterra (})evefopment Corporation 18 J{arvey Street, rfi(fson6urg, Ontario :N4(} 3J6 Plione: 519-842-9090 PaJG 519-842-7989 July 26, 2012 The Corporation of the Town of Tillson burg Dear Kelley Coulter, Chief Administrative Officer, Please be advised that we strongly object to the sale of parklands . . . most specifically Property 11 as identified in Report DCS 12-39 Marketable Town Owned Lands dated June 25, 2012, located along Baldwin Street at the entrance to Wood Haven Subdivision. The subject lands were developed and conveyed by Permterra Development Corporation (Developer of Wood Haven Subdivision) to the Town of Tillson burg as park dedication ... and for no other purpose. Properties in the vicinity of the said parkland were sold I purchased at a premium . . . in part because of the existence of the park. The Official Plan indicates that it is the strategic aim of the Town to: satisfy the year round leisure needs and choices of Tillsonburg residents, protect and enhance the existing leisure resources, and provide quiet seating or rest areas and open space linkages in new development to maintain a healthy physical environment and enhanced quality of life. The sale of such parklands is contrary to the stated position of the Town of Tillsonburg Land Use Policies. In our opinion, the Town of Tillsonburg needs to work harder than communities located along the 401 corridor to attract people and business. The sale of parklands and other assets that add to our quality of life ... undermines the overall marketing effort. In addition, the net proceeds from the sale of such parklands is marginal after accounting for the costs related to sale including legal, survey, servicing, repair, and marketing costs ... in addition to the inherent loss to the community. The sale of such parklands is bad policy. We hereby request that the Town of Tillsonburg reverse any and all actions that may lead to the sale of such parklands. Please confirm that said Property 11 is not for sale. Truly, Oxford Standard Condominium Corporation No. 91 5 Wood Haven Drive, Tillsonburg, ON July 26, 2012 The Corporation of the Town of Tillsonburg To Whom it May Concern Please be advised that we strongly object to the sale of parklands . . . most specifically Property 11 as identified in Report DCS 12-39 Marketable Town Owned Lands dated June 25, 2012, located along Baldwin Street at the entrance to Wood Haven Subdivision. The subject lands were developed and conveyed by Permterra Development Corporation (Developer of Wood Haven Subdivision) to the Town of Tillson burg as park dedication ... and for no other purpose. Properties in the vicinity of the said parkland were sold I purchased at a premium ... in part because of the existence of the park. The Official Plan indicates that it is the strategic aim of the Town to: satisfy the year round leisure needs and choices of Tillsonburg residents, protect and enhance the existing leisure resources, and provide quiet seating or rest areas and open space linkages in new development to maintain a healthy physical environment and enhanced quality of life. The sale of such parklands is contrary to the stated position of the Town of Tillsonburg Land Use Policies. In our opinion, the Town of Tillsonburg needs to work harder than communities located along the 401 corridor to attract people and business. The sale of parklands and other assets that add to our quality of life ... undermines the overall marketing effort. In addition, the net proceeds from the sale of such parl<lands is marginal after accounting for the costs related to sale including legal, survey, servicing , repair, and marketing costs ... in addition to the inherent loss to the community. The sale of such parklands is bad policy. We hereby request that the Town of Tillsonburg reverse any and all actions that may lead to the sale of such parklands. Please confirm that said Property 11 is not for sale. Truly, Oxford Stand ard Condominium Corporation No. 91 ~/$__---Presid~ r . July 23, 2012 To: / ,/' Re: Report DCS 12-39 Marketable Town Owned Lands Resolution of Council dated July gth, 2012 We are writing to express our concern over the Recommendations contained in Report DCS 12-39. We note that the minutes of Council from July gth. 2012 indicate that "Council receive report DCS 12-39 Town Owned Lands, as information" and further that "Council adopt the recommendations contained therein". The majority of the identified lands have been transferred or dedicated to the Town through the subdivision process contained in the Planning Act. This legislative requirement ensures that there is adequate green space provided throughout a municipality. They are arrived at through a complex series of approvals, including draft plan approval of the subdivision through the County of Oxford. Throughout this process, the Town and/or County chose to accept dedication of park .lands, over the alternative cash-in-lieu provisions contained in the Planning Act. Disposing of these lands sends a negative message to the development community. In particular, the entire vision for a subdivision can be compromised, as builders utilize green space as selling features for their lots, to offer buffering between land uses, and often co- ordinate the style of the subdivision with the plan for the green space. In a strongly competitive environment, the possibility that dedicated park lands might be sold off might deter potential developers and residents from investing in our Town. It also may result in misrepresentations being made to purchasers. We believe that the benefit to be obtained through sale of these park lands is far outweighed by the benefits to maintaining these lands as open/green space. We also understand that several of the identified properties (contained in the Hickory Hills and Baldwin Place subdivisions) are subject to agreements reached with their respective Residents' Associations. P.O. Box 113, Tillsonburg ON N4G 4H3 RECEIVE[ JUL 3 0 2012 Tillson burg District Chamber of Commerce 2 It is our opinion that following a course of action to dispose of these lands would be detrimental to the Town in terms of marketing the Town, and in terms of fairness to the existing landowners who have purchased lands adjacent to what have been described as "park lands". We strongly urge Council to reconsider its position relating to the park lands identified in this Report, and to ensure that these lands remain as park lands for the use and benefit of the entire community. We ask that Council reverse its position, and not take further steps to actively market the lands, especially if they have been dedicated through the subdivision approval process in the Planning Act. We request to be circulated with any additional information relating to this matter. Also, we respectfully request that if additional action is to be undertaking by the Town, that those affected (individual property owners and specific neighbourhoods) be provided with specific notice. Yours truly, Sheryl Williams President cc: Kelley Coulter, CAO /' David Samis, Director, Development & Communications Board of Directors, Tillsonburg District Chamber of Commerce P.O. Box 113, Tillsonburg ON N4G 4H3 ) (]'ermterra (])e ve{opment Corporation 18 JfarveyStreet, 1J{(son6urg, Ontario 1¥4(} 3J6 CFfione: 519-842-9090 P~· 519-842-7989 July 26, 2012 The Corporation of the Town of Tillsonburg To Whom it May Concern Please be advised that we strongly object to the sale of parklands . . . most specifically Property 11 as identified in Report DCS 12-39 Marketable Town Owned Lands dated June 25, 2012, located along Baldwin Street at the entrance to Wood Haven Subdivision. The subject lands were developed and conveyed by Permterra Development Corporation (Developer of Wood Haven Subdivision) to the Town of Tillsonburg as park dedication ... and for no other purpose. Properties in the vicinity of the said parkland were sold I purchased at a premium ... in part because of the existence of the park. The Official Plan indicates that it is the strategic aim of the Town to: satisfy the year round leisure needs and choices of Tillsonburg residents, protect and enhance the existing leisure resources, and provide quiet seating or rest areas and open space linkages in new development to maintain a healthy physical environment and enhanced quality of life. The sale of such parklands is contrary to the stated position of the Town of Tillsonburg Land Use Policies. In our opinion, the Town of Tillsonburg needs to work harder than communities located along the 401 corridor to attract people and business. The sale of parklands and other assets that add to our quality of life ... undermines the overall marketing effort. In addition, the net proceeds from the sale of such parklands is marginal after accounting for the costs related to sale including legal, survey, servicing, repair, and marketing costs ... in addition to the inherent loss to the community. The sale of such parklands is bad policy. We hereby request that the Town of Tillsonburg reverse any and all actions that may lead to the sale of such parklands. Please confirm that said Property 11 is not for sale. Truly, lopment Corporation RECEIVE[ JUL 3 0 ZOlZ Oxford Standard Condominium Corporation No. 91 5 Wood Haven Drive, Tillsonburg, ON July 26, 2012 The Corporation of the Town of Tillsonburg To Whom it May Concern Please be advised that we strongly object to the sale of parklands . . . most specifically Property 11 as identified in Report DCS 12-39 Marketable Town Owned Lands dated June · 25, 2012, located along Baldwin Street at the entrance to Wood Haven Subdivision. The subject lands were developed and conveyed by Permterra Development Corporation (Developer of Wood Haven Subdivision) to the Town of Tillsonburg as park dedication ... and for no other purpose. Properties in the vicinity of the said parkland were sold I purchased at a premium ... in part because of the existence of the park. The Official Plan indicates that it is the strategic aim of the Town to: satisfy the year round leisure needs and choices of Tillsonburg residents, protect and enhance the existing leisure resources, and provide quiet seating or rest areas and open space linkages in new development to maintain a healthy physical environment and enhanced quality of life. The sale of such parklands is contrary to the stated position of the Town of Tillsonburg Land Use Policies. In our opinion, the Town of Tillsonburg needs to work harder than communities located along the 401 corridor to attract people and business. The sale of parklands and other assets that add to our quality of life ... undermines the overall marketing effort. In addition, the net proceeds from the sale of such parklands is marginal after accounting for the costs related to sale including legal , survey, servicing, repair, and marketing costs ... in addition to the inherent loss to the community. The sale of such parklands is bad policy. We hereby request that the Town of Tillsonburg reverse any and all actions that may lead to the sale of such parl<lands. Please confirm that said Property 11 is not for sale. Truly, ~? Oxford Standard Condominium Corporation No. 91 // . ~~· ~ ·~-"":-__=----. RECEIVE[ JUL 3 1 Z01Z Mayor John Lessif and Town Council July 17,2012 Town ofTillsonburg 200 Broadway, 2nd Floor Suite 204 Tillsonburg,ON N4g 5A7 Dear Mayor and Coucillors: I have just learned of your intention to build two homes in GLENDALE PARK under the justification of a study on "Marketable Town Lands." I am a resident of the area and am deeply concerned at the loss of this space for commercial development versus play space for the neighborhood's many children and a quiet rest space for residents. I feel that this is a cash grab for short term gain over long term loss to the community This resolution must be overturned as loss far outweighs the gain .. Yours truly Alan G. Bolton 7 Rosalynn Circle Tillsonburg,ON N4G 5J4 Mayor John Lessif and Town Council Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Mr. Mayor and Councillors: Re: Glendale Park 36 Fernwood Drive Tillsonburg, ON N4G 4Z7 July 19, 2012 As provinces and cities struggle with shortfalls, elected officials are increasingly selling public assets. The thinking seems to be that private owners who develop the properties can inject new life into municipal dead zones, and properties that were once exempt from taxes will provide income. But letting go of a long-term, valuable asset in exchange for a one-time payment can be short-sighted. This is especially true in cases of selling parkland or green spaces ("passive" areas without playground equipment or playing fields), because they can never be reclaimed once homes or businesses have been built there. wonder if you have calculated how much the town will lose from the loss over the long term of some of our green space in order to gain a few dollars today. Glendale Park, a large area just off Broadway with frontage on Allen Street, is one of the parks recommended by Town staff to be severed and marketed for building lots. According to the report, 'The entrance [of the park] could be divided into two buildable lots which would leave adequate space for an entrance to the park." This Park is one of the most used parks in Tillsonburg. Broadway Estates is not the only subdivision to use it. Children on the west side of Broadway use it. Young boys from Brookside subdivision and other subdivisions along Quarter Town Line ride their bikes to the park to play baseball or have a "quick slide." Families drive to the park, park their cars along the edge of the park on Allen Street, and watch as their children enjoy the swings and other playground equipment. Children get off the school bus in front of the park, and if a parent is there to meet them, it doesn't take long for him to be persuaded to let his child, or children, "have a swing" before they go home. From early morning to after dark there is always someone in the park. All ages use the park, depending on the time of day. Over the years, we've had some unique visitors to our park. For several years a bag piper from another part of town came every Saturday and practiced his bag pipe. Another time we had a trumpet player stand in the Park and play "Happy Birthday'' to a senior resident who lived on the perimeter of the Park and who could clearly hear him. Another time a Mennonite family came with all their children and let them mingle with the other children and play. Each March break, we have a team leader from the Community Centre bring a group of very young children to play baseball or soccer. Another year we had a young father from another area bring his children to the Park and spend hours teaching them to how to fly a kite. If houses are built on the Allen Street side of the street, the fences in their backyards would probably line up with the fences of the homes on each side of the Park. That means that no matter where the walkway to the park would be located, or how large, most of the park would be hidden from view from Allen Street. I believe this would make the park unsafe for users. The homes on Allen Street located near the Park currently act as a "neighbourhood watch" for anyone using the Park. If a grandparent should experience difficulty either by falling or from a medical problem, someone from one of the homes would notice it. If a child continues to cry or scream, someone checks to make sure there is a parent nearby or offers help if needed. Or of a group of high-schoolers swarm and begin to fight, it's noticed immediately. Mayor John Lessif And Town Counsel Members July 23, 2012, Please Keep Our Park As Is It has come to our attention that two lots (facing onto Allen Street) from Glendale Park may soon be rezoned as property which can be sold for housing. Glendale Park is a great asset to our neighbourhood and therefore we would like it left as is. Tillson burg is a lovely town to live in. We have lived here all our lives. We especially enjoy entering Broadway Acres from Broadway up Christie Street to Allen Street with Glendale Park in full view. Our home is on Allen Street directly across from the park. We have lived at this location for 34 years and have watched children, young and old play games, swing, slide, fly kites etc. With houses built in front of the park with only a pathway into the park secluded from open view, it will be difficult to notice any mishaps that may take place. For the safety of our "Children, Parents, and Grandparents" please give this serious consideration. Sincerely, Ken and Connie Williams July 30, 2012 Mayor John Lessi: & Town Council Town of Tillsonburg 200 Broadway, 2"'1 Floor, Suite 204 Tillsonburg, ON N4G 5A7 Re: Save Glendale Park We have resided c,n Fernwood Dr. since 1979 and were one ofthe first few houses in the neighbourhood. One ofthe reasons why we bought this lot was because we were told that the park space would always remain park space with no houses to be built on it ever. We watched our children and many other children play and enjoy the park through the years. Families from other parts of the 1:own come to enjoy the large play area. When you enter the subdivision from Christie Street, it is a large, open green space inviting you in. A real breath of fresh air!! The park is a calming ~.Jlace and a step back from everyday busy life. Now, after all these years, someone is proposing that it would be feasible to sell off part ofthe parkland. Does t4e "Director" of Development and Communication Services even live in Tillson burg? By voting in favour to this proposal, does Town Council not realize that the park setting will be go11e forever. Building two homes will close off the park and this will affect everything! Will tamilies continue to use the park if there is just a walkway to gain entrance? Where will famili~s park their cars? The smaller park will not be easily seen from busy Allen Street so will this become a safety hazard for the children/young people using the park? Or because ofthe seclusion, will it be an invitation for illegal activities (i.e. drugs, violence)? Data shows that parks and natural areas not only enhance the quality of life where they exist, they contribute to the rhental well being in the area, contribute to enhanced property values, but most important bring p~ople together as advocates for the land. Parks are one of our most precious assets. Is the dollar profit worth sacrificing the benefits to our neighbourhood families? We understand there are other green spaces/park areas in Tillsonburg that are or could be in jeopardy now or h:t the future. We propose that Town Council seriously consider adopting a by- law which protects these green spaces/park areas in Tillsonburg. It is vital for our children and their children's children to have and experience safe, open green spaces to play and interact in. When the time co:nes, how will you decide? We challenge our council to have the foresight to keep our existing park lands green and untouched. Because once it's gone, it's gone! Save Glendale Park - 2 -July 30, 2012 In conclusion, our parkland and community green space is, has been and will hopefully be enjoyed by residents of all ages and visitors to our area for many years to come. Thank you for your attention to this matter. Rega:v~~ ~t~~ Walter & Ann Ellenberger 41 Fernwood Dr. Tillsonburg, Ontario N4G 4Y8 519-842-2329 Our neighbours, Ken & Deb Chivers share our concerns. ~/~ /~:: & Ken Chivers 39 Fernwood Dr. Tillsonburg, ON N4G 4Y8 5 19-688-3691 August 2, 2012 Mayor John Lessif: First of all, we like Glendale Park just the way it is. Our house backs onto the park. We enjoy watching families, both young and old, in the park, whether they are walking together, or walking their dog, or watching the children play. It is relaxing and enjoyable for us just watching the events that take part in Glendale Park. Also, when we look across the park we can see Allen St. and, sometimes, things on Broadway. This is a way of keeping in touch with the rest of our town. In May, 2009, we bought the house at 28 Fernwood Drive. One of the reasons that this house appealed to us was the park. And now you want to take that away from us. We ask you to please reconsider putting two houses in the park We feel the money you will make will not make up for what we, the residents in this neighbourhood, will lose. Thank-you for reading our letter. -·77/j.~ Marlaine Tomlin 1 August 2, 2012 Mayor John Lessifand Town Council Town ofTillsonburg 200 Broadway, 2"d Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Council Members: It has come to our understanding that Town Council has decided to proceed with reducing the Glendale Park area by selling off2lots in the area adjacent to Allen Street leaving only a walkway through to the park. If this is indeed true, we wish to express our disappointment with your decision and request you to reconsider. Open and green spaces are intended to remain just that. Currently, Glendale Park is an inviting area that is open to view for passers by to know it is there, see how clean it is and be encouraged to use its facilities without fear or concern. Such openness encourages a wide diversity of uses for pleasure and recreation and discourages vandalism and gatherings of individuals with less than ideal intent. If you need further validation of this point beyond what any police officer would know, then listen to the youth themselves. They know what their counterparts tend to do and those we spoke to, upon hearing of your plan, were very strong in their opinions that such a closed area would definitely attract drug activity and potentially worse. Tillsonburg is a great town. Such green spaces as Glendale Park are important part of why Tillsonburg is what it is. While we appreciate the need to eliminate surplus expenses and keep taxes in control, the long term cost of such a decision could be multiples of the one time cash inflow you may reap from selling two lots. With respect, may we suggest that you could spend more time saving cost and illustrating environmental awareness by implementing much stronger policies in regards to waste reduction and increased recycling within town facilities and in our downtown area. If there are ways to dispose of recyclable material in the downtown, we are unaware but we have certainly seen garbage receptacles overflowing with plastic water bottles and tin cans. Likewise, it would appear the Lake Lisgar Water Park has done very, very little to recycle cardboard, etc .. For a period of time, we know that a summer student was taking home cardboard to put in their home recycling but, when they were no longer employed there, recycling efforts ceased. We hope the Water Park has implemented much better policies in this regard this summer but, if not, their past practices would indicate a definite opportunity for improvement. We appreciate your efforts on behalf of all residents of Tillsonburg and hope you will leave Glendale Park as it is and yet continue to search for other ways to save cost, protect our environment and keep taxes reasonable. Sincerely /LUtw- Glenn, Cheryl & Zach Buchner 5 Eden Place, Tillsonburg, ON N4G 5M7 / . I ·~~~~~~Ah~---- ' / 16 Glenridge Road Tillsonburg Ontario N4G4C7 July 19 2011 To Mayor J. Lessif and the Tillsonburg Town Council It has come to our attention that there is a possibility that two local lots could be sold in our subdivision. The sale of this green space would allow two homes to be built on the Allen street side of Glendale Park. We would be extremely disappointed if this happens. The park is the only green space in our area and it would be a crime to see it fully surrounded by homes. That action would inhibit visitors and only the adjacent home owners would know it exists. It is a very nice part of our area and used by many children and grandchildren. We hope you will give this a lot of thought and remember the people of this area. A few more trees would also improve this park. Yours truly ;1'~~./o £/ /··V~~~~~ ~~ '·· ', J,/W-~ -~7 ~ rn_ ~~ /.~~~A~~.~~ V;sfors ~);;f ~~b.~ jJ~ ~~ ;L3.~~ CAA School Safety Patrol August 1, 2012 Mayor John Lessif 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 Re: CAA helps drive school zone safety and youth leadership Dear Mayor Lessif, Founded in 1929, CAA's School Safety Patrol (SSP) program works to keep Ontario school children safe. Now serving more than 800 elementary schools across the province, SSP is delivered in partnership with 55 police services, numerous school boards, teachers and student volunteers. Over 20,000 elementary school students volunteer their time in the SSP program each year. SSP student volunteers learn valuable leadership skills, acting either as a foot or bus patroller, helping to ensure their peers remain safe at road crossings and on school buses. Foot patrollers monitor school crossings on roads and around schools, while bus patrollers assist their fellow students while boarding and disembarking school buses. Here are a few more program highlights: • 3.45 million volunteer hours are logged annually by our program volunteers • More than 80 cases of patrollers saving others from injury have been documented • Promote school zone safety by organizing safety campaigns with our police service partners throughout the province CAA will be highlighting the School Safety Patrol program at this year's AMO Annual Conference. Please visit us at booth 202 to enter CAA's giveaway and to see how the program makes a difference in communities. If you cannot make it to AMO and would like more information, please do not hesitate to contact us or visit our website at www.caasco.com/schoolsafety. We look forward to meeting you and telling you more about this great program. Regards, Caroline Grech Government & Community Relations CAA 905-7 4 7-5829 cq11 @caasco.ca John Ennis Government & Community Relations CAA 905-771-3457 jenn@caasco.ca CAA South Central Ontario, 60 Commerce Valley Drive E. Thornhill, Ontario L3T 7P9 RECEIVEr AUG 0 7 LU1L ~al Olamtaimt I!kBinn VARNAVAIR BRANCH 153 16 Durham St., Tillsonburg, Ontario N4G 1 V7 Telephone {519) 842-5281 Fax {519) 842-6775 The Mayor and Council 19 July 2012 We of the Legion wish to express our gratitude to the Town ofTillsonburg for the recent addition of signage marking Veterans Memorial Drive (aka Quarter Town Line). Our special thanks to Roads Manager Randy Vince for his consideration and efficient co-operation in this matter. Once again, thank you. We will remember them! Alastair MacDonald 1st vice president Ontario LEGISLATIVE ASSEMBLY Monte McNaughton, MPP Lambton-Kent -Middlesex Thursday July 19, 2012 Ms. Donna Wilson 10 Lisgar Avenue Tillsonburg Ontario N4G 5A5 Dear Ms. Wilson, Constituency Offices: Queen's Park Office: D 81 Front Street West D 360 James Street D Rm. 202 NW, Legislative Bldg. Strathroy, ON N7G 1X6 Wallaceburg, ON N8A 2N5 Toronto, ON M7A 1A8 Tel. (519) 245-8696 Tel. (519) 627-1015 Tel. (416) 325-3362 Fax (519) 245-8697 Fax (519) 627-7174 Fax (416) 325-3275 I am writing today to bring to your attention my private members bill, Bill 76 and ask that your council consider drafting a resolution in support of it. Bill 76, an Act to Amend the Ontario Lottery and Gaming Act of 1999, entitled Ensuring Local Voices in New Casino Gambling Development Act, 2012 aims to ensure that local communities are given a say prior to the development of any new casino within their municipality. If passed, my bill would require a successful referendum in the community in which a new casino is being proposed. Bill 76 aims to ensure that local communities are willing hosts of casinos. New casino development is a sensitive issue and it is important that the local people are involved in this process. As my bill is currently at the crucial committee stage, any support that you or your councils can give to this legislation would be important in ensuring its passage. Please find the attached sample resolution for your perusal. If you have any questions regarding this bill , or wish to discuss it further, please do not hesitate to contact me. Monte McNaughton, MPP Lambton-Kent-Middlesex PC Critic, Economic Development and Innovation Date: I Motion No. Moved By: Seconded By: WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province, AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations; AND WHEREAS any new casino development may significantly impact the community and surrounding areas; AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of any new casino; THEREFORE BE IT RESOLVED THAT the municipality requests the Legislative Assembly of Ontario to immediately pass Bill 76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino, AND THAT this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; Monte McNaughton, MPP; and the MPP for the region in which the municipality resides. 1ST SESSION, 40TH LEGISLATURE, ONTARIO 61 ELIZABETII II, 2012 Bill 76 An Act to amend the Ontario Lottery and Gaming Corporation Act, 1999 Mr. McNaughton Private Member's Bill 1st Reading 2nd Reading 3rd Reading Royal Assent April 26, 2012 Printed by the Legislative Assembly of Ontario Ire SESSION, 40°LEGISLATURE, ONTARIO 61 ELIZABETII II, 2012 Projet de loi 76 Loi modifiant Ia Loi de 1999 sur Ia Societe des loteries et des jeux de I'Ontario M. McNaughton Projet de loi de depute Ire lecture 26 avril 2012 2• lecture 3• lecture Sanction royale Imprirne par I' Assemblee legislative de !'Ontario Bill76 An Act to amend the Ontario Lottery and Gaming Corporation Act, 1999 2012 Note: This Act amends the Ontario Lottery and Gaming Corporation Act, 1999. For the legislative history of the Act, see the Table of Consolidated Public Statutes -De- tailed Legislative History at www.e-Laws.gov.on.ca. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. (1) Section 12 of the Ontario Lottery and Gaming Corporation Act, 1999 is amended by adding "Subject to subsection (2)" at the beginning. (2) Section 12 of the Act is amended by adding the following subsections: Same, casinos and charity casinos (2) The Corporation shall not authorize a casino or charity casino to be established unless the Corporation has taken the steps specified in the Regulation and the condi- tions specified in the Regulation have been met. Expansion (3) The requirements mentioned in this section for es- tablishing a casino or charity casino at a specific location do not apply to expanding a casino or charity casino that has been established in accordance with this Act if the expansion is done at that location. Definition ( 4) In this section, "Regulation" means Ontario Regulation 347/00 (Re- quirements for Establishing a Casino or Charity Ca- sino) made under this Act, except for subsection 4 (5), as that Regulation read on January I, 2003. (3) Subsection 12 (4) of the Act, as enacted by sub- section (2), is amended by adding the following defmi- tions: "casino" means the part of a gaming site that is used for the purpose of playing or operating games of chance, but does not include a charity casino or slot machine facility; ("casino") "charity casino" means a gaming site at which the betting limits and number of games of chance do not exceed the prescribed limit; ("casino de bienfaisance") Projet de Ioi 76 Loi modifiant Ia Loi de 1999 sur Ia Societe des loteries et des jeux de !'Ontario 2012 Remarque : La presente loi modifie la Loi de 1999 sur Ia Societe des /oteries et des jeux de /'Ontario, dont 1 'historique legislatif figure a la page pertinente de 1 'Historique legislatif detaille des lois d 'interet public codifiees sur le site www.lois-en-ligne.gouv.on.ca. Sa Majeste, sur l'avis et avec le consentement de l'Assemblee legislative de la province de !'Ontario, edicte: 1. (1) L'article 1Z de Ia Loi de 1999 sur Ia Societe des loteries et des jeux de /'Ontario est modifie par in- sertion de «Sous reserve du paragraphe (2),» au debut de I' article. (2) L'article U de Ia Loi est modifie par adjonction des paragraphes suivants : Idem : casinos et casinos de bienfaisance (2) La Societe ne doit pas autoriser la creation d'un casino ou d'un casino de bienfaisance a moins qu'elle n'ait pris les mesures precisees dans le Reglement et que les conditions qu'il precise ne soient remplies. Agrandissement (3) Les exigences visees au present article en matiere de creation d'un casino ou d'un casino de bienfaisance a un endroit detennine ne s'appliquent pas a J'agrandisse- ment d'un casino ou d'un casino de bienfaisance cree conformement ala presente loi des lors que l'agrandisse- ment est realise a cet endroit. Definition (4) La definition qui suit s'applique au present article. «Reglement>> Le Reglement de !'Ontario 347/00 (Exigen- ces relatives a Ia creation d'un casino ou d'un casino de bienfaisance) pris en vertu de Ia presente loi, a !'exception du paragraphe 4 (5), dans sa version du I er janvier 2003. (3) Le paragrapbe 12 (4) de Ia Loi, tel qu'il est edic- te par le paragraphe (2), est modifie par adjonction des definitions suivantes : «casino» La partie d 'un site de jeu qui est utilisee pour y jouer a des jeux de hasard ou y exploiter de tels jeux, a -!'exclusion toutefois d'un casino de bienfaisance ou d'une salle d'appareils a sous. («casino») «casino de bienfaisance» Site de jeu oil les plafonds des paris et le nornbre de jeux de hasard ne depassent pas la limite prescrite. («charity casino») 2 ENSURING LOCAL VOICES IN NEW CASINO GAMBLING DEVELOPMENT ACT, 2012 "game of chance" means a lottery scheme conducted and managed by the Corporation, (a) that is played on or through a slot machine, or (b) that is played on tables or on wheels of fortune, including card games, dice games, roulette or keno, and includes all other lottery schemes that are pre- scribed; ("jeu de hasard") "slot machine facility" means a gaming site where games of chance are operated on or through a slot machine and includes the premises where services ancillary to the games of chance are provided, but does not include a casino or a charity casino. ("salle d'appareils a sous") Commencement 2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent. (2) Subsection 1 (3) comes into force on the later of the day this Act receives Royal Assent and the day section 9 of Schedule 34 to the Better Tomorrow for Ontario Act (Budget Measures), 2011 comes into force. Short title 3. The short title of this Act is the Ensuring Local Voices in New Casino Gambling Development Act, 2012. «jeu de hasard » Loterie mise sur pied et exploitee par Ia Societe: a) soit qui se joue par un appareil a sous ou a !'aide d'un tel appareil; b) soit qui se joue sur des tables ou sur des roues de fortune, y compris les jeux de cartes, les jeux de des, Ia roulette ou le keno. S'entend en outre de toutes les autres loteries prescrites. («game of chance») «Salle d'appareils a SOUS)) Site de jeu ou des jeux de ha- sard sont exploites par un appareil a sous ou a !'aide d'un tel appareil, y compris les lieux ou des services accessoires aux jeux de hasard sont fournis, a !'exclusion toutefois d'un casino ou d'un casino de bienfaisance. («slot machine facility>>) Entree en vigueur 2. (1) Sous reserve du paragraphe (2), Ia presente loi entre en vigueur le jour ou eUe re~oit Ia sanction royal e. (2) Le paragraphe 1 (3) entre en vigueur le dernier en date du jour oil Ia presente loi re~oit Ia sanction royale et du jour de l'entree en vigueur de !'article 9 de l'annexe 34 de Ia Loi de 2011 sur des lendemains meilleurs pour l'Ontario (mesures budgetaires). Titre abrege 3. Le titre abrege de Ia presente loi est Loi de 2012 visant a garantir Ia consultation des populations locales avant Ia creation de nouveaux casinos. Administration & Finance Division Civic Centre Operations & Facilities Division Fifth Street & Wright Avenue Phone:807-274-9893 Fax: 807-274-7360 Civic Centre 320 Portage Avenue Phone: 807-27 4-5323 Fax: 807-27 4-84 79 email: town@fort-frances.com Town of Tillsonburg Attn: Donna Wilson, Clerk lFORT lFRANCES, ON'fARIO CANADA June 27, 2012 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Planning & Development Division Civic Centre Community Services Division 740 Scott Street P9A 1H8 Phone:807-274-4561 Mailing Address: 320 Portage Avenue Fort Frances, Ontario P9A3P9 www.fort-frances.com At their meeting June 25, 2012, Council supported the resolution passed May May 12, 2012 by Council for the Town of Tillsonburg re: MTO Connecting Link Funding. Yours very truly, MINISTRATION & FINANCE DIVISION M) c.c. Sarah Campbell, MPP Kenora/Rainy River (att'd) H:\OFFICE\LETTERS AND CORRESPONDENCE\Resolutions Other Municipalities\2012 Resolutions\ Town of Tillson burg-MTO Connecting Link Funding resolution.doc ', '• " • -, ". ·-, • ' , I , • . . THE CITY OF WINDSOR COUNCIL SERVICES DEPARTMENT June 18 ,2012 The Corporation of the Town ofTillsonburg Donna Wilson, Clerk 200 Broadway, 211d Floor, Suite 204 Tillson burg, ON M7 A 1 Z8 Dear Ms. Wilson: VALERIE CRITCHLEY CITY CLERK IN REPLY, PLEASE REFER TO OUR FIL~ ~Q., rncr-z:o------MMA/6661 RECEIVED JUL -5 2012 Thank you for your letter dated May 23, 2012 respecting the resolution of the Town of Tillsonburg concerning MTO Connecting Link Funding. Windsor City Council does not entertain requests from persons, organizations, associations and other municipal governments to endorse resolutions in accordance with its Procedure By-law. I note that your resolution has been forwarded to the appropriate Provincial Association for consideration. Yours very truly, Valerie Critchley City Clerk VC/ks Room 203-350 City Hall Square West + City Hall + Windsor, Ontario N9A 6Sl E-MAIL: clerks@city. windsor.on.ca + TEL (519) 255-6211 + FAX (519) 255-6868 220 Algonquin Boulevard East, Timmins, ON P4N 183 www.timmins.ca July 19, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Attention: Donna Wilson, Clerk Dear Sir: RE: The Corporation of the Town of Tillsonburg re: MTO Connecting Link Funding Attached hereto please find a certified true copy of Resolution 12-186 passed by Timmins City Council on July 16, 2012. Thank you. Encl. Yours truly, 2?2----- R.J. (JACK) WATSON, CMO City Clerk c.c. Ontario Good Roads Association AMO Minister of Transportation OFFICE OF THE CITY CLERK Telephone: (705) 360-2602 Fax: (705) 360-2674 E-mail: jack.watson@timmins.ca The Corporation of the City of Timmins RESOLUTION Moved by M. Doody 12-186 Secondedby ____ ~J~·~C~ur~le~y __________________ ___ THAT COUNCIL does hereby support the attached resolution of the Town of Tillsonburg respecting connecting link funding. AND FURTHER THAT a copy of this resolution be forwarded to the Ontario Good Roads Association, AMO and the Minister of Transportation. CARRIED. \ CERTIFIED TRUE COPY OF RESOLUTION NO. 12-186 CLERK YEAS NAYS MAYOR T.B. Laughren COUNCILLORS Carried ____________________ _ P. Bamford S. Black J. Curley Defeated ___________ _ M. Doody T. Lever Deferred or Tabled ______ _ A. Marks N. Rinaldo Date July 16. 2012 G. Scripnick JUL-24-2012 .I.UE 12:23 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 P. 02 Township of C)latsworth ~/ Date July 18, 2012 / Be it resolved that the Council of the Township of Chatsworth support the resolution of the Town of Tillsonburg regarding Business Tax Capping ~d ~ ~~7, v1unicipality of Hastings Highlands ;3Q11 T\wy 62 N 3ox 1 v1aynooth, ON MuuicipaliLy of Municipal Office Tel: 613-338-2811 Fax: 613-338-3292 Toll Free: 1-877-338-2818 Email: office@hastingshighlands.ca (QL 1CO HASTINGS HIGHLANDS fivian Bloom v1ayor July 25, 2012 The Corporation of the Town ofTillsonburg 200 Broadway 211d Floor Tillsonburg, Ontario N4G 5A7 Dear Sir/Madam: At an open meeting of Council of the Municipality of Hastings Highlands held on July 18, 2012, the following resolution was properly moved, seconded and passed: Hickey/Fell: (388-2012) THAT Council support in principle the recommendation from the Corporation of the Town ofTillsonburg, calling for amendments to the Municipal Act related to Business Tax Capping provisions. Yours truly, Brenda Prentice Acting Clerk Encl. ) Municipality of Northern Bruce Peninsula 56 Lindsay Road 5, R.R. 112, Lion's Head, ON NOH 1 WO Telephone: (519) 793-3522 • Fax: (519) 793 -3823 www.northbrucepeninsula.ca July 26, 2012 Town ofTillsonburg 200 Broadway, 2nd Floor Tillson burg, ON N4G SA 7 Attention: Donna Wilson, Clerk Dear Ms. Wilson: Re: Business Tax Capping Reform The Resolution received by the Town of Tillsonburg (attached), was reviewed by the Council of the Municipality of Northern Bruce Peninsula on July 23, 2012, relating to the above noted item. At this meeting, the following recommendation was carried and adopted by Council: "THAT Council supports the resolution received by the Corporation of the Town of Tillsonburg, requesting the Provincial Government 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 Tillsonburg requests the Provincial Government to make these changes 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, be attached to and shall form a part of the motion. " The above is being provided for your information. Yours truly, M~~~ Municipality of Northern Bruce Peninsula RECEIVEl AUG 0 1 Z01Z Encl. cc Premier Dalton McGuinty Honourable Dwight Duncan, Minister of Finance Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing 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 County of Bruce Western and Eastern Warden groups M.P. Larry Miller M.P.P. Bill Walker 2 ; June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: 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 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 CORPORATE OFFICE 200 Broadway, 2"" Floor, Tillsonburg, Ontario, N4G SA 7, Telephone (519) 688-3009. Fax (519) 842-9431 www.tilbonburg.ca { iCompass.TextBox.ItemDescription} Page 177 of261 The Corporation of Loyali st Township P.O. Box 70, 263 Main Street, Odessa, Ontario OH2HO July 26, 2012 The Corporation of the Town of Tillson burg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Attention: Donna Wilson, Clerk Dear Ms Wilson: RE: Business Tax Capping Reform Tel: 613 -386-7351 Fax: 613 -386-3833 www.loyalist.ca File: C10-Motions & Resolutions -Letters from Council Please be advised that Loyalist Township Council, at a regular meeting held on July 23, 2012, received and supported correspondence from The Corporation of the Town of Tillson burg, dated June 28, 2012, regarding the Business Tax Capping Reform. 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, ·p~.Ja..~ I Brenda J. Hamilton, CMO 0"J Director of Administrative Services BJH/aka CC: Randy Hillier, MPP-Lanark, Frontenac, Lennox & Addington July 30 , 2012 The Corporation of the Town of Tillson burg 200 Broadway Street 2nd Floor Tillsonburg, ON N4G 5A7 Attention : Donna Wilson, Clerk Dear Ms. Wilson: 3236 River St. P.O. Box 28 Alvinston, ON NON 1 AO Phone: 519.898.2 1 73 Fax: 519.898.5653 Re : Council Resolution-Business Tax Capping Reform The following resolution was passed by the Council of the Municipality of Brooke- Aivinston at their regular meeting on Thursday, July 26 , 2012: Motion # 6-07-26 Moved By Councillor Deans I Seconded By Councillor Alderman Be it resolved that the Council of the Municipality of Brooke-Aivinston supports the June 25 , 2012 resolution from the Town of Tillsonburg that the Province amend part IX of the Mun icipal Act, 2001 and supporting regulatory provisions to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction. Carried Please feel free to circulate additional copies of this letter at your discretion. Yours truly, Janet Denkers Clerk www.brookeolvinston.com RECEIVE[ AUG 0 1 2012 ~~CIPALITY oF MoRRis-TURNBERRY P.J Box 3 1 o, 4 1342 Morris Road, Brussels, Ontario NOG 1 HO Tel: 5 19-887-6 137 Fax: 5 19-887-6424 Email: nrnichie@rnorristurnberry.ca Nancy Michie Administrator Clerk-Treasurer ) The Honourable Dalton McGuinty, Premier of Ontario Queen's Park Legislative Bldg., Room 281, TORONTO, ON MSG lAl Your Honour: Re: Resolution: + Town of Tillsonburg July 30, 2012 The Council of the Municipality of Morris -Turnberry has reviewed the attached resolution and have fully supported and endorsed the resolution. The Council of the Municipality of Morris-Turnberry ask that consideration be given to this issue which is of importance to every Municipality. Please review the attachment and give consideration to support the resolution. Yours truly, ~ ::_______:> y cc: + Lisa Thompson, MPP + Association of Municipalities of Ontario ~. Town of Tillsonburg July 31, 2012 CITY OF ST. CATHARINES Corporate Support Services P.O. Box 3012, 50 Church Street St. Catharines, ON L2R 7C2 Donna Wilson, Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Suite 204 Tillsonburg ON N4G 5A7 Re: Business Tax Capping Reform Clerks Phone: 905-688-5600 I Fax: 905-682-3631 TTY: 905-688-4TTY (4889) Please be advised that Council, at its meeting held July 23, 2012 considered the resolution from the City of Tillsonburg regarding Business Tax Capping Reform. The Mayor and Members of Council received and filed the correspondence. Inquiries may be directed to Corporate Support Services, City Clerk at Extension 1501 . Yours truly Dan Carnegie Acting City Clerk The Corporation of Lhe Town of LaSalle O ffice of Lhe Direclor of Council &rvices July 31, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Municipal Legislative Building M7A 1Z8 Re: Business Tax Capping Reform Brenda Andreatta Direclor of Council &rvices Clerk Tillsonburg Town Council at its meeting held June 25, 2012 passed a resolution calling on the government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001, to support regulatory provisions to make Business Tax optional at the discretion of each upper and single tier jurisdiction. In response to this, on July 24, 2012 Town of LaSalle Council passed resolution 335/12 supporting the Town of Tillsonburg and its request to allow Municipalities to opt out of Business Tax Capping. Your consideration in supporting this resolution is greatly appreci?ted. Sincerely, Brenda Andreatta Director of Council Services/Clerk Cc: Donna Wilson Clerk, Town of Tillson burg 5950 Malden Road, LaSalle Ontario N9H 154 Phone: (519} 969-7770 Fax: (519) 969-4469 * RECEIV r~' AUG 0 3 LU IL Town of Orangeville (!7 Hmmlli'O\', Omngc\'illc. Omario. Canoda 1.9\V II\ I Tc/519-•J.J/-0-140 Fax: 519-9-1/-9033 Toll Free: 1-800-9-1/-04-10 \\'\1\\'.orangcFillc.co Clerk's Department Ext. 2242 E-mail: cjohns @orangeville.ca Email: AZimmer@tillsonburg.ca July 9, 2012 Ms. Amber Zimmer Deputy Clerk Town of Tillsonburg 204-200 Broadway 2nd Bloor Tillsonburg, ON N4G 5A7 Dear Ms. Zimmer: Thank you for providing us with a copy of the Town of Tillsonburg's resolution with respect to business tax capping reform. The Town of Orangeville has a policy that only resolutions from municipalities within the County of Dufferin, the Association of Municipalities of Ontario, and the Federation of Canadian Municipalities are placed on the Council agenda. It is suggested that other resolutions be referred to the appropriate Federal or Provincial Association for disposition. A copy of your resolution will be forwarded to members of council for their information. Yours truly, Cheryl Johns, AMCT Clerk CJ/mg Visit our Weh,ite at \1'\\'\r.oran~evil/e.ra ~--.__, 7 Oshawa"' ~~· ~repare To Be Amazed File A-2511 July, 9 2012 By email to AZimmer@Tillsonburg.ca Donna Wilson, Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Re: Business Tax Capping Reform Corporate Services Department City Clerk Services Thank you for your correspondence of June 28, 2012 outlining your position on this matter. All members of City Council will be advised of your request for support. Any Councillor may request the item be placed in the council agenda for discussion and consideration. The City of Oshawa makes its position on given subjects known through the appropriate Municipal association or directly to the government involved. Thank you for taking the time to express your concerns and views. <<-~¥;:;ll ft:cJ-~ 1/ ) ,~ __ •. / Jennifer Allan Administrative Assistant c. Councillors' Office The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L 1 H 3Z7 Phone 905.436.3311 1.800.667.4292 Fax 905.436.5623 www .oshawa.ca ) .... , ... ,,. ·-~"-· -AlP.·--· ''\"'' London CANADA 300 Dufferin Avenue P.O. Box 5035 London, ON N6A4L9 July 11, 2012 D. Wilson, Clerk Development & Communication Services Town of Tillsonburg 200 Broadway 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Re: Business Tax Capping Reform This is to acknowledge your letter dated June 28, 2012 submitting a resolution to do with business tax capping reform. The London City Council has a policy with respect to resolutions from other municipalities directing the City ) Clerk to acknowledge such resolutions with the advice that the London City Council does not take action on resolutions received from other municipalities, but rather prefers to make its position on given subjects known through the appropriate municipal association or if it deems it necessary to do so, directly to the concerned Minister(s) of the Senior Government(s) involved. Sincerely, C. Saunders City Clerk /hw . The Corporation of the City of London 1 Office: 519-661-2500 ext. 4937 Fax: 519-661-4892 csaunder@london.ca www. london.ca CORPORATION OF THE TowNSHIP oF DAWN-EUPHEMIA 4591 Lambton Line R.R.#4, Dresden, Ontario NOP 1MO Tel: (519) 692-5148 Fax: (519) 692-5511 Public Works Dept: (519) 692-5018 July17,2012 Donna Wilson, Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms. Wilson: Re: Business Tax Capping Reform At the July 16, 2012, regular session of Township Council, the following resolution was duly moved and seconded: "That Council of the Township of Dawn-Euphemia supports the resolution passed by the Town of Tillson burg that calls on the Government of the Province of Ontario to reform Business Tax Capping." Should you require any further information, please do not hesitate to contact me. Yours truly, I J/dJ/J._~ Michael Schnare Administrator-Clerk 905-342-2818 The Corporation of the Township of Hamilton 8285 Majestic Hills Drive P.O. Box 1060, Cobourg, ON K9A 4W5 Tel: 905-342-2810 Fax: 905-342-2818 Email: info@ha":~iltontownship.ca Web: www.hamiltontownship.ca 1=\1®-51q-84-:z-q.f3,1. July 17, 2012 The Corporation of the Town of Tillson burg 200 Broadway, 2"d floor Tillsonburg, ON N4G SA7 Attention -Donna Wilson, Clerk 02:56:05 p.m. 07-24-2012 Re: Tillson burg -Council resolution regarding Business Tax Capping Dear Ms. Wilson: 1 I 1 Council of the Township of Hamilton received your letter dated June 28, 2012, regarding a resolution calling on the Government of the Province of Ontario to amend Part IX of the Municipal Act ( Business Tax Capping). Council considered the request and made the following motion: 2012-428 Moved by Councillor Woods, seconded by Councillor Davison THAT the request from the Council of the Town of Tillson burg for a resolution of support to call 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 to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle, be received. CARRIED Should you have any questions please contact me. The Corporation of the Town of New Tecumseth ADMINISTRATION DEPARTMENT Administration Centre 10 Wellington St. E. Alliston, Ontario July 18, 2012 Ms. Donna Wilson, Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Dear Ms.Wilson: Re: Business Tax Capping Reform Mailing Address: P.O. Box 910 Alliston, Ontario L9R lAl Web Address: www. town. newtecumseth. on. ca Em ail: clerk@town.newtecumseth. on. ca Pirone: (705) 435-6219 or (905) 729-0057 Fax: (705) 435-2873 Please be advised that the Council of the Town of New Tecumseth adopted the following resolution at their meeting held July 16, 2012: BE IT RESOLVED THAT the resolution from the Town of Tillsonburg concerning Business Tax Capping Reform be received; THAT the Council of the Town of New Tecumseth support the resolution of the Town of Tillsonburg requesting that the Province 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, effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle; AND THAT letters indicating support from the Town of New Tecumseth be forwarded to the Premier, Minister of Finance, Minister of Municipal Affairs and Housing, MPP Jim Wilson, Association of Municipalities of Ontario and the County of Simcoe and member municipalities. CARRIED Yours truly, ~~WG Clerk/Manager of Administration July 18 2012 Donna Wilson Town ofTillsonburg 200 Broadway, 211ct Floor, TOWNSHIP OF ENNISKILLEN 4465 Rokeby Line RR# 1 Petrolia, Ontario NONIRO Phone (519) 882-2490 Fax (519) 882-3335 Tillsonburg, ON N4G SA 7 Dear Ms. Wilson, Re: Business Tax Capping Reform Duncan McTavish, Administrator-Cierkffreasurer Mike Cumming, Road Superintendent Mike Young, Public Works Water/Sewer O.R.O. Please note that the Council of the Township ofE1miskillen at its regular meeting of June 28 2012 passed a resolution supporting the position of the Town of Tillsonburg in regards to the Business Tax Capping Program. -Y~, Du/~c avish Clerk July 18, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G5A7 Attention: Donna Wilson Clerk Dear Ms. Wilson: Re: Business Tax Capping Reform TOWN OF LAKESHORE 419 Notre Dame St. Belle River, ON NOR 1 AO At their meeting of July 17, 2012 the Council for the Town of Lakeshore gave consideration to the resolution circulated by the Town of Tillsonburg. At that time Council duly passed the following resolution: Councillor Janisse moved and Councillor Monk seconded: That: Council supports the resolution circulated by the Town of Tillsonburg regarding Business Tax Capping Reform. Motion Carried Unanimously Should you require additional information with respect to the above please feel free to contact the undersigned. I remain Yours truly, ~~ Mar~~sse, AMCT Clerk /km Ph: 519-728-2700 Fax: 519-728-9530 Toll: 1-877-249-3367 www.lakeshore.ca The Corporation of the Village of Westport 30 Bedford St., P.O. Box 68 Westport, Ontario KOG lXO (613) 273-2191 / Fax (613) 273-3460 ----------------------www.village.westport.on.ca July 18,2012 Ms. Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 RE: Resolution -Business Tax Capping Reform This letter is to inform you that your above resolution requesting that the Government of the Province of Ontario amend Pmt IX of the Municipal Act, 2001 , was presented to municipal council. After discussion the resolution was endorsed by our council at the council meeting held on July 161h, 2012, in the Village of Westport. If you require additional information, please contact the undersigned. Yours truly, ~ Clerk/Treasurer SB/nnb + ) July 19,2012 Donna Wilson, Clerk Development & Communications Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A 7 Dear D. Wilson, Clerk: Fernando Lamanna, BA Deputy Clerk Legal and Council Support Services 905-478-4282 x1240 flamanna@eastgwillimbury.ca For your information and records, at its regular meeting held on July 16, 2012, the Municipal Council of the Town of East Gwillimbury enacted as follows: BE IT RESOLVED THAT the resolution from the Town of Tillsonburg, regarding Business Tax Capping Reform be received. If you have, any further questions feel free to contact the undersigned. emando Lamanna, BA Deputy Clerk Legal and Council Support Services "Our town, Our future " 19000 Leslie Street, Sharon, Ontario LOG lVO Tel: 905-478-4282 Fax: 905-478-2808 www.eastgwillimbury.ca July 20, 2012 Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Attn: Donna Wilson Clerk Dear Ms. Wilson: RE: BUSINESS TAX CAPPING Please be advised that the Council of the Municipality of West Elgin, passed the following resolution at their meeting held on July 19, 2012: DULY MOVED AND SECONDED RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of Tillsonburg regarding business tax capping. DISPOSITION: Carried Please feel free to circulate this letter, as you feel necessary. 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2CO Tel: (519) 785-0560 Fax: (519) 785-0644 Township of jQUTH STORMONT July 20, 2012 The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A7 Attention: Ms. Donna Wilson -Clerk Dear Ms. Wilson: Re: Support for Business Tax Capping Reform P.O. Box 84, 2 Mille Roches Road Long Sault, ON KOC I PO Tel: (613) 534-8889 Fax: (613) 534-2280 e-mail: info@southstormont. ca Please find enclosed a copy of Resolution No. 194/2012, passed on July 18, 2012, whereby Council supports the above noted. Should you have any further questions or comments, please contact our office and I would be pleased to accommodate you. Loriann Harbers, CMO Deputy Clerk /dmc Encl. cc: D. McGuinty, Premier Minister of Finance AMO Council H :\Users\Administration\Council Mtg. Correspondence\Proclaim, Support and Declaration Letters\2012\ Town of Tillsonburg.12 07 20 support business tax capping reform letter .Township of )OUTH STORMONT P. 0. Box 84, 2 Mille Roches Road Long Sault, ON KOC 1 PO Tel: (613) 534-8889 Fax: (613) 534-2280 e-mail: info@southstormont. ca Resolution No. (q{ { '2-0, l-z.._ Date: July 18, 2012 Be it reso~ved that Council supports the Town of Til~sonb~rg w@ith. regards to Busmess Tax Capping Reform) A ~ o\:, ~ s ~\\ ~+\~ b-~~ +o '?>"()~ ea:u-~~~. ~ ~o-ct. &7-v ffcARRIED RECORDED VOTE: Councillor Brownlee Councillor Waldroff Councillor Woods Deputy Mayor Hart Mayor McGillis D DEFEATED D DEFERRED . -~· Chairper~ \ The Corporation of THE TOWNSHIP OF MELANCTHON 157101 Hwy. 10, R.R. # 6, Shelburne, Ontario, LON 159 Denise B. Holmes, AMCT CAO/Cierk-Treasurer July 20, 2012 The Corporation of the Town of Tillson burg 200 Broadway, 2nd Floor Tillsonburg ON N4G SA7 Attention: Donna Wilson, Clerk Dear Ms. Wilson: Telephone-(519} 925-5525 Fax No.-(519} 925-1110 Website: www.melancthontownship.ca Email:info@melancthontownship.ca At a meeting of the Corporation ofThe Township of Melancthon, held on the 19th day of July, 2012, the following resolution was introduced and passed: Be it resolved that: "The Council of The Township of Melancthon endorses the Council of Tillson burg Town's resolution to call on the Government of the Province of Ontario to amend Part IX of the Municipal Act, 2001 and supporting regulatory provision so as to make the entirety of that part (business tax capping) optional at the discretion of each upper and single tier jurisdiction." Carried -"B. Hill" -Mayor Yours truly, / ~:·~~ Denise B. Holmes, AMCT CAO/Cierk-Treasurer DBH:wa ) The Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 July 24, 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 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: ~ "'I_,. Ontario Thank you for your letter of June 28, informing me of council's resolution regarding business tax capping. I appreciate your keeping me apprised of council's position. I note that you have sent a copy of your correspondence to my colleague the Honourable Dwight Duncan, Minister of Finance. As this issue falls within the area of his responsibility, I trust the minister will also take council's views into consideration. Thank you again for the information. I welcome council's input on this or any other issue of provincial concern. Please accept my best wishes. Yours truly, Dalton McGuinty Premier c: The Honourable Dwight Duncan JUL-24-2012 TUE 12:23 PM TOWNSHIP OF CHATSWORTH June 28, 2012 Honourable Dalton McGuintv Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 FAX NO. 519 794 4499 P. 03 The Corporation of the Town of Tillson burg RE: COUNCIL Re~olution-Business Tax Capping Reform ) At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: 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 forthe 1998, 1999 and 2000 taxation year.s; And whereas this "temporary" and "transitional" measure was succeeded by a permanent busine~s ta')( 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 y9ar; 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 vet 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 CORPORA 'l'R OFFlCE 200 'Broadway, 2"d Floor, Tillsonburs. Ontario, N4G SA7, Telephone (S 19) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca JUL-~4-~01~ lUI:. 1~:23 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 That the Town of Tillsonburg 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 c;ycle; and That the discw;sion paper "Allowing Municipalitie' to Opt Out of Bu,ine's Tax Capping" prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directlv 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 Housin6; trnie 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. If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communic<;~tion Services Town of Tillsonburt;: 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway. 200 Floor. Tillson burg, Ontario, N4G SA 7, Telephone (5 I 9) 688-3009, Fax (519) 842-9431 www.tillBonburg.ca P. 04 JUL-24-2012 TUE 12:23 PM TOWNSHIP OF CHATSWORTH FAX NO. 519 794 4499 P. 01 Wlll Moore, CAO/Cierk Grace Nayler, Treasurer/A.t~l. CAO Clerk D411 Sw6dlo, Chief BuildiNg 0/flcial 316837 Highway 6, RR 1 Chatsworth. Ontario NOH JGO Telephone 519-794-3232 Fax 519-794~4499 Fax Cover Sheet I Data: J U'-~. /-'f. ( L-- 'l'o: l)v~""~ Wrt-SG>,J Fax No: 5" ( ~ _ ~'-({__-q '(:, From: - June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 Agendaltem#N• The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: 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 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 'ln 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 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7. Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.cn 1-3-4 Town of Tillsonburg Page 13 7 of187 Agendaltem#N• 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. If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillson burg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688·3009, Fax (519) 842-9431 www.tillsonburg.cu 1-3-4 Town of Tillsonburg Page 138 of 187 June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 RE: COUNCIL Resolution-Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution: 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 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 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A 7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca ) That the Town of Tillsonburg 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. If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G SA 7, Telephone (5 19) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca rJll~onbur0 a;lke0btdil~~ August 14, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 The Corporation of the Town of Tillson burg RE: COUNCIL Resolution-Ontario Convenience Stores Association-Contraband Tobacco At the Tillson burg Town Council Meeting of August 13, 2012, Council passed the following resolution : WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE BE IT RESOLVED THAT Council support the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offences related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts; AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures; CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca AND that this resolution be sent to: The Honourable Dwight Duncan, Minister of Finance; Premier Dalton McGuinty; Ernie Hardeman, MPP Oxford; If you have any questions, please do not hesitate to contact me at 519-688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development & Communication Services Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 cc: Ernie Hardeman, MPP Honourable Dwight Duncan, Minister of Finance CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (5 19) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca August 14, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 The Corporation of the Town of Tillson burg RE: COUNCIL Resolution-Bill 76, An Act to Amend the Ontario Lottery and Gaming Act of 1999 At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province, AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations; AND WHEREAS any new casino development may significantly impact the community and surrounding areas; AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of any new casino; THEREFORE BE IT RESOLVED THAT the municipality requests the Legislative Assembly of Ontario to immediately pass Bill 76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino; AND THAT this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; Ernie Hardeman, MPP. If you have any questions, please do not hesitate to contact me at 519-688-3009 Ext. 3224 Regards, ~-Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway, 2"ct Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca cc: Honourable Dwight Duncan, Minister of Finance Ernie Hardeman, MPP Monte McNaughton, MPP CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G SA 7, Telephone (519) 688-3009, Fax (519) 842-9431 www. tillsonburg.ca August 14, 2012 Peter Fung Manager of Engineering 10 Lisgar Ave, Tillsonburg ON N4G 5A5 The Corporation of the Town of Tillsonburg RE: COUNCIL Resolution-OPS 12-11-Tender T2012-003-Supply and Placement of Hot Mix Asphalt Paving At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: RESOLVED THAT Council receives Operations Services Report OPS12-11 Tender T2012-003 -Supply and Placement of Hot Mixed Asphalt Paving for information purposes; FURTHER RESOLVE THAT Tender T2012-003 be awarded to Permanent Paving Ltd. of Woodstock at a cost of $116A72.21. If you have any questions, please do not hesitate to contact me at 519-688-3009 Ext. 3224 Regards, ~~ Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway, 2"ct Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (51 9) 688-3009, Fax (5 19) 842-943 1 www. till sonburg.ca rJll{&onbur0 a;&:e ~iddr-& ~ August 14, 2012 Peter Fung Manager of Engineering 10 Lisgar Ave, Tillsonburg ON N4G SAS The Corporation of the Town of Tillson burg RE: COUNCIL Resolution-OPS 12-10-Tender T2012-004-Supply and Placement of Concrete Sidewalk and Curb and Gutter At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: RESOLVED THAT Council receives Operations Services Report OPS-12-10-Tender T2012-004 -Supply and Placement of Concrete Sidewalk and Curb and Gutter for information purposes; FURTHER RESOLVE THAT Tender T2012-004 be awarded to United Contracting of London at a cost of$ 46,039.59 . If you have any questions, please do not hesitate to contact me at 519-688-3009 Ext. 3224 Regards, ~:.--.e:::::-,..,::::::: --------re# Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (5 19) 842-9431 www. tillsonburg.ca August 14, 2012 Tillsonburg Library Board Library Lane Tillsonburg, ON The Corporation of the Town of Tillson burg RE: COUNCIL Resolution -Tillsonburg Library Board At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: "RESOLVED THAT Council receive the correspondence from the Tillsonburg Library Board, regarding the resolution that they will cease operations as a Library Board effective December /1 31, 2012, as information; FURTHER RESOLVE THAT Council accept the resignations of the Library Board Members, namely, Marguerite (Peg) Hogarth, James E. Jakes, Robert Marsden, and Richard Saxby effective December 31, 2012; AND FURTHER RESOLVE THAT Council accepts the resignations of Barb McKinnon, Catherine Burke, and Cass Dagg-Murphy effective immediately. ". If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224. Regards, ~~ Donna Wilson Clerk Development & Communication Services Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 cc. Terri Pope, Library CEO CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G SA 7, Telephone# (51 9) 842-6428, Fax# (519) 842-9431 Web: wvvw.town.tillsonburg.on.ca ··= August 16, 2012 County of Oxford Corporate Services P.O. Box 1614, 21 Reeve Street Woodstock, ON N4S 7Y3 The Corporation of the Town of Tillson burg Attention: Lynn S. Buchner, Director of Corporate Services RE: Tillsonburg Public Library Agreement Please be advised that at the Council Meeting of August 13, 2012, Council authorized the Mayor and Clerk to sign the Tillsonburg Public Library Agreement, between the County of Oxford and The Corporation of the Town of Tillson burg. Enclosed please find one fully executed copy of the Agreement as well as a certified true copy of By-Law 3641, authorizing execution of said Agreement for your records. If you have any questions, please do not hesitate to contact the undersigned at 688-3009 Ext. 3224 Regards, ~~~--- Donna Wilson Clerk Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca 130 Oxford Street, Ingersoll , Ontario N5C 2V5 August 15, 2012 TOWN OF INGERSOL Captain Bruce Ehmann, Special Events Plans 1 Canadian Air Division Headquarters National Defence PO Box 17000 Stn Forces Winnipeg, MB R3J 3Y5 To the Canadian Forces Snowbirds Team: Phone: (519) 485-0120 Fax: (519) 485-3543 www.ingersoll.ca The.Town of Ingersoll is pleased that the Royal Canadian Air Force Snowbirds have decided to perform at the Tillsonburg Regional Airport on August 29, 2012. We understand that this may require the team to overfly our community as low as 500 feet above ground. On behalf of the Council for the Town of Ingersoll, staff and citizens, we are excited to have the Royal Canadian Air Force Snowbirds perform at the Tillsonburg Regional Airport Air Show. Should you have any questions regarding the Town of Ingersoll's approval regarding the Tillson burg Regional Airport Air Show you may contact our office, otherwise any other questions regarding the Air Show or the Tillsonburg Airport can be directed to the Tillsonburg airport Administrator at 519-842-2929. Sincerely, G1u~~ Ann Wright Deputy Clerk c Town of Tillsonburg rlll~onbur0 a;dce0icdl~~ August 15, 2012 County of Oxford Community and Strategic Planning P.O . Box 1614, 21 Reeve Street Woodstock, ON N4S 7Y3 RE : Council Resolutions The Corporation of the Town of Tillson burg At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolutions: "RESOLVED THAT Council support the County of Oxford application for a grant under the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF} for the enhancement of the building known as the Tillsonburg Public Library." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 CORPORATE OFFICE 200 Broadway, Tillson burg, Ontario, N4G SA 7, Telephone# (519) 842-6428, Fax# (5 19) 842-943 1 Web: www.town.ti llsonburg.on.ca ) ) 01/~onbur0 a ;Ike to icdil ~ futaw August 14, 2012 Parks & Recreation Services Town of Tillson burg 45 Hardy Ave. Tillsonburg, ON The Corporation of the Town of Tillson burg RE: COUNCIL Resolution-Tillsonburg Fairground and Memorial Park Revitalization Project At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: "RESOLVED THAT Council support the Town submitting a project for the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund (CIIF} for the Memorial Park Revitalization Project .. ". If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224. Regards, ~~ Donna Wilson Clerk Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillson burg, Ontario, N4G SA 7, Telephone# (519) 688-3009, Fax# (519) 842-9431 Web: ww\v .town.ti llsonburg.on.ca ) rJll~onbur0 a~~ 0 itddl ~ fo'aw August 14, 2012 Parks & Recreation Services Town of Tillsonburg 45 Hardy Ave. Tillsonburg, ON The Corporation of the Town of Tillson burg RE : COUNCIL Resolution -Lake Lisgar Revitalization Project At the Tillsonburg Town Council Meeting of August 13, 2012, Council passed the following resolution: "RESOLVED THAT Council instruct the CAO to complete a letter of partnership support for the Lake Lisgar Revitalization Phase Ill project submission to the Federal Economic Development Agency of South Western Ontario's Community Infrastructure Improvement Fund {CIIF}. " If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224. Rega rds, ~--oeE:___ __ Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA7 CORPORATE OFFICE 200 Broadway, 2"ct Floor, Tillson burg, Ontario, N4G SA 7, Telephone# (51 9) 688-3009, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca August 23, 2012 Lake Lisgar Revitalization Project Committee Town of Tillson burg 45 Hardy Ave. Tillsonburg, ON N4G 3W9 Attention: John Glass and Joan Weston The Corporation of the Town of Tillson burg RE: Community Infrastructure Improvement Fund (CIIF) Please be advised that the Corporation of the Town of Tillsonburg support the Lake Llsgar Revitalization Project Committee (LLRP} Phase Ill project. The Town shall submit in partnership with the LLRP a CIIF grant application requesting funding for the Lake Lisgar Revitalization Phase Ill Project. Please do not hesitate to contact me if you require anything further. Regards, Donna Wilson Clerk Town of Tillson burg CORPORATE OFFICE 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A 7, Telephone# (519) 688-3009, Fax# (519) 842-9431 www. tillson burg.ca August 22, 2012 BIA Town of Tillson burg PO Box 192, STN Main Tillsonburg, ON N4G 4H5 The Corporation of the Town of Tillsonburg Attention: Virginia Armstrong, BIA Coordinator RE: Community Infrastructure Improvement Fund Please be advised that the Corporation of the Town of Tillsonburg support the BIA in the CIIF grant application requesting funding for Downtown Heritage Lighting. I trust that this satisfies the requirements from the Town but if you require anything further please do not hesitate to contact the undersigned. CORPORATE OFFICE 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 688-3009, Fax# (519) 842-9431 www. ti lis on burg. ca The Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 September 4, 2012 Ms. Donna Wilson Le Premier ministre de !'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 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Ms. Wilson: Ontario Thank you for your letter of August 14, informing me of council's resolution regarding contraband tobacco. I appreciate your keeping me apprised of council's position. I note that you have sent a copy of your correspondence to my colleague the Honourable Dwight Duncan, Minister of Finance. As this issue falls within the area of his responsibility, I trust the minister will also take council's views into consideration. Thank you again for the information. I welcome council's input on this or any other issue of provincial concern. Please accept my best wishes. Yours truly, Dalton McGuinty Premier c: The Honourable Dwight Duncan