Loading...
021209 Regular Council AgendaDRAFT: Agenda: Meeting for the Commiltee"Open Council" Review Access: 0 Public Private AGENDA Town of Tillsonburg Meeting for the Committee "Open Council" on Monday December 9, 2002 07:00 PM Council Chambers Chair: Iry Horton Orders of the Day: CALL TO ORDER- CLOSED-PoYEETING S-ESSKR1 Call to Order Closed Meeting Session Disclosure of Pecuniary Interest or the General Nature Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Public Meetings Delegations Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment > PROPOS SOLUTION: RESOLVE T n Cou II move into Executive Closed Session. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Page 1 DRAFT: Agenda: Meeting for the Committee"Open Council" -4 f* + > November 25, 2002 PROPOSED RESOLUTION: RESOLVED THAT the Minutes of Council under date of November 25th, 2002 be adopted. ADOPTION OF AGENDA > PROPOSED RESOLUTION: RESOLVED THAT the Agenda as prepared for the Council Meeting of December 9th, 2002 be adopted. PUBLIC MEETINGS 1. Application for Official Plan Amendment -Rock Developments Inc. (File OP 11-63) (Deferred from Council Meeting of November 25, 2002) 91 OP11-71.pdi PROPOSED RESOLUTION: RESOLVED THAT 2. Committee of Adjustment Application - Mr. Robert Eden (A-45102) () Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... Report from County Planning Department... Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A-45/02 for 9 Dereham Drive subject to the following condition: 1) If required, a building permit for the covered deck shall be obtained within one year of the date of the Committee's decision. 3. Committee of Adjustment Application - Mr. David Leigh (A-47102) D Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... Report from County Planning Department... Resolution >PROPOSED RESOLUTION: RESOLVED THAT the Tillsonburg Committee of Adjustment approve application A47/02 for 62 Barker Street, subject to the following conditions: 1) If required, a revised OLS survey of the subject property shall be submitted to the satisfaction of the Town's Chief Building Official. 2) A building permit for the dwelling shall be obtained within one year of the date of Page 2 DRAFT: Agenda: Meeting for the Committee"Open Council" the Committee's decision. 4. Zone Change Application - Mike and Brenda Vanwvnsbergh n zoN 7-295.pdi Resolution >PROPOSED RESOLUTION: RESOLVED THAT the Council of the Town of Tillsonburg defer the application for zoning by-law amendment submitted by Mike and Brenda Vanwynsberghe, for lands located at Part of Lots 1606, Plan 500 and Part 1, 41 R-1737, in the Town of Tillsonburg, for the reasons as detailed in Report No. 2002-258 as prepared by the County of Oxford Planning Department. DELEGATIONS 5. Final Report RE: 2002 World Scale Championship D Presented By: Mr. Chuck Smith and Mr. Gerry Shaw Report to be presented to Council at meeting. Resolution >PROPOSED RESOLUTION: RESOLVED THAT the Final Report for the 2002 World Scale Championship be received. COMMUNITY SERVICES 6. Emergency Roof Replacement - Museum D W 9f Museum Roof - December 2002.c Museum Roof - Consultant Report. 91 0 TILLSONBURG MUSEUM Tender document. Museum Tender - Flynn Canada Ltd 9f ni. Museum Tender - Thomas Roofing - Londoi Museum Tender - Smith -Peat Roofing Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Staff Report regarding emergency Museum roof replacement, dated December 5, 2002, be received and the recommendations contained therein be adopted_ 7. Caboose Relocation Resolution Page 3 DRAFT: Agenda: Meeting for the Committee"Open Council" 'i i > PROPOSED RESOLUTION: RESOLVED THAT Council authorize the Director of Operations to carry out moving of the caboose, to be funded up to $6,000 from General Reserves. OPERATIONS 8. Fire Marshal's Survey Report (previously distributed to Council) ff Fire Marshal's Survey Report.) Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Fire Marshal's Survey Report, as attached to the Council Agenda of December 9, 2002, be received and the recommendations contained therein be adopted. CORPORATE SERVICES 9 Condominium Approval by Exemption- Aspden Developments Inc. CDM02001_TILL.pd Resolution > PROPOSED RESOLUTION: RESOLVED THAT the Council of the Town of Tillsonburg advise Oxford County Council that it approve the exemption from condominium process for the application submitted by Aspden Developments Inc. for a 4 storey, 70 unit apartment building and 23 single detached dwellings, located in Lots 1461, 1463 & 1464 and part of Lot 1456, Plan 500 in the Town of Tillsonburg. 10. Public Notification Policy D Report and Draft By -Law Resolution > PROPOSED RESOLUTION: RESOLVED THAT the staff report, dated December 3, 2002, regarding a Draft Notification By -Law prescribing the form, manner and times for the provision of notice be received and the by-law be presented to Council for enactment. 11.2003 Business and Financial Plans Recommendation for Adoption of 2003 Business and Financial Plans Resolution > PROPOSED RESOLUTION: RESOLVED THAT the staff report, dated December 3, 2002, regarding 2003 Business Plans and Financial Plan, be received and the recommendations contained therein be Page 4 DRAFT: Agenda: Meeting for the Committee"Open Council" adopted. 12.2002 Year end Reserve reallocations Resolution > PROPOSED RESOLUTION: RESOLVED THAT staff report 021204 regarding 2002 Year End Reserve Reallocations be received and that the reserve allocations for 2002 be approved as identified on the '2002 Actual' spreadsheet attached to the aforementioned Report. 13. Compensation Report Fj Report Recommending Action Plan for Implementing Compensation Report Resolution > PROPOSED RESOLUTION: RESOLVED THAT the report dated December 3, 2002 from the CAO regarding compensation be received and the recommendations contained therein be adopted. 14. Fees for Services, Permits and Applications Report Fees for Applications, Fees, Service: Price List.xls By -Law Fees and Services.di Resolution > PROPOSED RESOLUTION: RESOLVED THAT the staff report dated December 3, 2002 regarding fees for services, permits and applications be received and the draft by-law be presented to Council for enactment. INFORMATION ITEMS 15. The Canadian National Institute for the Blind RE: Intent to Sell Raffle Lottery Tickets in the Town of Tillsonburs D RESOLUTIONS Information PROPOSED RESOLUTION: RESOLVED THAT the regular Council Meeting of December 23rd, 2002 be cancelled, and that a Special Council Meeting be scheduled for November 18th, 2002 to be held at the Hickory Hills Seniors Centre. ITEMS OF PUBLIC INTEREST Page 5 DRAFT: Agenda: Meeting for the Committee"Open Council" BY-LAWS > By -Law 3040 To prescribe the form and manner and times for the provision of notice By -Law 3041 To adopt a schedule of fees for certain municipal applications, services and permits CLOSED MEETING SESSION CONTINUED COMMITTEE OF THE WHOLE REPORT ADJOURNMENT Town of Tillsonbcrg Page 6 MINUTES: Meeting for the Committee "Open Council" Review Access: • Public CD Private MINUTES Town of Tillsonburg Meeting for the Committee "Open Council" on Monday November 25, 2002 07:00 PM Council Chambers Chair: Iry Horton Orders of the Day: Call to Order Closed Meeting Session Disclosure of Pecuniary Interest or the General Nature Thereof Minutes & Business Arising out of the Minutes Adoption of Agenda Public Meetings Delegations Community Services Operations Corporate Services Information Items Items of Public Interest By -Laws Closed Meeting Session continued Committee of the Whole Report Adjournment CALL TO ORDER CLOSED MEETING SESSION >No. 1 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Iv Page 1 MINUTES: Meeting for the Committee "Open Council" MINUTES & BUSINESS ARISING OUT OF THE MINUTES > DNovember 12, 2002 No. 2 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Minutes of Council under date of November 12th, 2002 be adopted. "Carried" ADOPTION OF AGENDA > No. 3 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the Agenda as prepared for the Council Meeting of November 25th, 2002 be adopted. "Carried" PUBLIC MEETINGS 1. Committee of Adiustment Application - Mr. Doug Barnes (File A-43102) Presented By: Mr. Paul Michiels, Planner, County of Oxford Notice of Public Hearing... 11 Report from the County of Oxford Planning Department... A43-02-TIL.pol Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the attached report. Mrs. Shirley Magashazi, agent for the applicant, was present and commented with respect to her submission, as contained in the report of the County Planner (as attached). No other persons appeared in support of, or opposition to, the subject application. Council passed the following resolution. Resolution > No. 4 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Tillsonburg Committee of Adjustment defer application A43/02 for 60 Seres Drive for the following reasons: 1) To allow the application to be considered at the public hearing to be held by the Committee of Adjustment with Hickory Hills property owners; and 2) To allow the applicant's to consider removal of the existing covering over the rear deck to bring the property more into compliance with the provisions of the R2-3 zone. "Carried" Page 2 MINUTES: Meeting for the Committee "Open Council" 2. Application for Zone Change - Peter & Jacoba Retsinas (File ZON 7-294) D Presented By: Mr. Paul Michiels, Planner, County of Oxford County Report... Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the attached report. Mr. Dennis Odorjan, solicitor for the applicants, appeared before Council, in support of the subject application. Mr. Retsinas appeared before Council as well. The owner of property known as 123 Wilson, asked if there would be any age restrictions for residents. Mr. Fishback, of Concession Street, questioned if they would be rental properties or individually owned. The response was that the properties would be individually owned. In response to some concerns, Mr. Michaels explained the public meeting process. Mayor Horton called an end to the discussion and explained that at the site plan approval stage another public meeting would be held. He added that further discussion can be held and will be permitted at that time. It was noted that those circulated for this meeting will receive notification of the next public meeting. Anyone that was not on the circulation list for this meeting, and wishes to receive notification, was asked to contact Mr. Michiels or call the Tillsonburg Customer Service Centre at 842--9200. Council passed the following resolution. Resolution > No. 5 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg defer the Zoning By -Law amendment application submitted by Peter and Jacoba Retsinas, whereby lands located at Part Lot 5, Registered Plan 1646 and Part 1, Plan 41 R-3452, in the'Town of Tillsonburg, are zone from 'Residential First Density (R1)' to Special 'Residential Third Density (R3-Special)' to allow the applicant to submit a formal site plan application to address traffic, slope stability, servicing and site design issues. "Carried" 3. Application for Official Plan Amendment - Rock Developments Inc. (File OP 11-63) Presented By: Mr. Paul Michiels, Planner, County of Oxford OP11-71.pdt Page 3 MINUTES: Meeting for the Committee "Open Council" Mr. Paul Michiels, Planner, County of Oxford, appeared before Council and reviewed the attached report. Mr. McMann clarified the application for Official Plan Amendment, and that the intent was to clarify that the grocery store use, of no more than 40,000 square feet, is clearly permitted. The solicitor for the owners of the property appeared on behalf of the owners in support of Rock Developments. Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT Council move into Executive Closed Session. "Carried" Council moved into Closed Session and, following a brief meeting, reconvened in Open Session. Ms. Donna Rosenthal noted that she, along with others, had been named in a lawsuit from Rock Developments. She expressed concerns with respect to a conflict of interest. In response to Ms. Rosenthal's comments, Mayor Horton noted that there are two separate issues ... one being a zoning amendment as passed by Council ... and the other, which is the issue at hand, is an Official Plan Amendment. Mayor Horton responded that there is not a conflict of interest. Mayor Horton opened the floor for anyone wishing to speak. Mr. Dave Rowe, a partner in the business at 146 Broadway, spoke in support of the application. He added that he is a registered planner with 30 years experience and, having had an opportunity to review the staff planning report, concurred with the recommendation of staff. In his opinion, based on the tests set out, the lead for a market impact study does satisfy the requirements of the Official Plan and commended Council for the clarification. He added that there seems to be a lack of understanding of the former B.I.A. He would like to see the plannign staff explain the commercial policies of the plan and how they plan to protect the function of the downtown core. He noted that the position taken by the B.I.A. was not supported by himself. He would like to see a reconstituted B.I.A. that represents the position of the small retailers. Mr. Hitchon noted that he would like Council to speak very clearly to the Board of its intent. Mr. John Gilvesy appeared before Council in opposition to the application. He noted that downtown merchants and property owners have made significant investments in the downtown and its future. This decision will impact the future. Allowing a grocery store to locate outside of the core could negatively impact the core, drive traffic away, and eliminate development of a second grocery store in the downtown core. He concurred with the commercial working group recommendation that a grocery store should be located in the central commercial zone, and by allowing a grocery store to locate outside of the core may lay the ground work for other commercial interest to move out of the downtown. He noted that Tillsonburg has a vacant grocery store in the downtown core, as well as space at the southend. He stated that it's vital that the downtown retains and creates jobs and a strong tax base. He noted that locating in the downtown core would create similar new employment opportunities, and added that if downtown anchors are forced to close, job losses could result. He noted that he supported smart development. He added that the proposed Official Plan Amendment is site specific and prejudices other Page 4 MINUTES: Meeting for the Committee "Open Council" commercial uses in downtown Tillsonburg. He suggested that it be the aim of the Town to bring Sobey's downtown, and presented a possible plan, as attached. 1265460.pdf Mr. Bill Irvine appeared in opposition to the application, and wants to see the downtown area maintained. He added that merchants in the C1 zone have been paying taxes for a number of years and expect that, as years go by, their stores will be worth more. He asked that when a decision is made, it be made with heads and hearts. Mr. Irvine also referred to a letter from Mr. John Armstrong, as attached... Armstrong.pdt Mr. George Gilvesy appeared in opposition to the application. He requested that all notices be forwarded in good time, as he did not received notice of this meeting. Mr. Gilvesy stated that he believes there are opportunities that a workable in the downtown for the subject development, including the grocery store in the Town Centre Mail. The other opportunity would be at the southend. He urged Council to consider allinformatin, and noted that he concurred with the desire to develop the store, but believes it should be in the downtown. Ms. Donna Rosenthal appeared in opposition to the application. She noted that she was a member of the former B.I.A. In addition to supporting the comments already made, Ms. Rosenthal made reference to the alleged condition of Zellers and that there could be a large vacancy in the Town Centre Mall. Ms. Rosenthal further stated that Sobeys would be in a position to bite at the heals of Loblaws and other chains. Mr. Baubie, 1 Primrose, appeared in support of the application. Mr. Baubie stated that it was up to the downtown stores to earn his business, and that development of the Sobeys store outside of the downtown core should not impact the downtown. Mr. Hercules Burwell appeared in support of the application. He stated that the B.I.A. itself is moving people out of the Town to buy elsewhere. Mr. Rick Miggens, a member of the former B.I.A., appeared in opposition to the application. Mr. Miggens noted that if there were already two grocery stores in the downtown the B.I.A. would not have filed an appeal. Mrs. Brenda Carroll requested that adequate notification be given. Council passed the following resolution. Resolution > No. 7 Moved by Seconded by AND RESOLVED THAT the Council of the Town of Tillsonburg defer the application to amend the Official Plan by Rock Developments Inc. "Carried" It was confirmed that this application will come back to Council on December 9th, 2002. Mayor Horton noted that deferral of this application for amendement to the Official Plan does not mean that Council has changed its position. The reason for the deferral of the amendment is that there seems to be a little ambiguity in terms of the goal as to what is to Page 5 MINUTES: Meeting for the Committee "Open Council" be achieved. A letter had been submitted in the middle of this meeting, at it needed to be looked at carefully. The County Planning Department has had not opportunity to look at it and make a recommendation. A copy of the letter is attached... Janecki.pdf DELEGATIONS COMMUNITY SERVICES 4. Tillsonburg Public Library RE: Reserve Funds D Resolution > No. 8 Moved by Councillor Lewis Seconded by Councillor Smith AND RESOLVED THAT the request from the Tillsonburg Public Library be received and referred to staff to include with recommendations for 2002 Reserves. "Carried" OPERATIONS CORPORATE SERVICES 5. Overnight Parking (By -Law 2997) Presented By: Kathleen Musselman, Municipal By -Law Enforcement Officer 91 Parking By -Law Report.dc Resolution > No. 9 Moved by Councillor Smith Seconded by Councillor Molnar AND RESOLVED THAT the staff report regarding overnight parking, dated November 18, 2002, be received and that By -Law 2997 be implemented without modification. "Carried" No. 10 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT in accordance with the Town of Tillsonburg Procedural By -Law 2978, the curfew of 10:30 p.m. be extended for the Council Meeting of November 25th, 2002. "Carried" 6. Taxi and Limousine Regulating By -Law Page 6 MINUTES: Meeting for the Committee "Open Council" R] Taxi to Council November 25, 2002B.( Resolution > No. 11 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT the staff report regarding the taxi and limousine regulating by-law, dated November 19, 2002, be received, and that the by-law be presented to Council for third reading. "Carried" INFORMATION ITEMS 7. Airport Advisory Committee Minutes D 8. Long Point Region Conservation Authority Minutes of October 2, 2002 D > Resolution No. 12 Moved by Councillor Molnar Seconded by Councillor Beres AND RESOLVED THAT the Council of the Town of Tillsonburg recommend to the LPRCA that any potential budget impact, for the year 2003, be limited to an increase of less than 3%_ "Carried" 9. Public Notice - Application for Zone Chancre - Vanwynsberghe D ITEMS OF PUBLIC INTEREST BY-LAWS > The following By -Laws are to be considered for third reading: By -Law 2995 - To License, Regulate and Govern Taxicabs & Limousines (Received first and second reading January 28, 2002) 91 2995.doc By -Law 3039 - To amend By -Law 2947 establishing the Tillsonburg Cemetery Advisory Board (Received first and second reading November 12, 2002) Page 7 MINUTES: Meeting for the Committee "Open Council" Draft Cemetery Advisory Committee Bylav By -Law 3040 - To establish the Tillsonburg Airport Advisory Committee (Received first and second reading November 12, 2002) 91 Draft Airport Advisory Committee Byla%% Resolutions Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT Committee do now rise and report on By -Law numbers 2995, 3039 and 3040 as passed in Committee with amendment. "Carried" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 2995 to license, regulate and govern Taxicabs & Limousines 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" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3039 to amend By -Law 2947 to establish the Tillsonburg Cemetery Advisory Board 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" Moved by Councillor Smith Seconded by Councillor Lewis AND RESOLVED THAT By -Law 3040 to establish the Tillsonburg Airport Advisory Committee 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" CLOSED MEETING SESSION CONTINUED > No. 13 Moved by Councillor Beres Seconded by Councillor Molnar AND RESOLVED THAT Town Council move into Executive Closed Session. "Carried" COMMITTEE OF THE WHOLE REPORT ADJOURNMENT > Page 8 MINUTES: Meeting for the Committee "Open Council" Approval Received: (0 of 1) Lana Verstraeten/Tillsonburg (Friday December 06, 2002 04:00 PM) Town of Tllsonburg Page 9 'cam 04 fOMOUEAS OUR FILE The Corporation of the COUNTY OF OXFORD OFFICE OF COMMUNITY AND STRATEGIC PLANNING OP 11-71 APPLICATION FOR OFFICIAL PLAN AMENDMENT Phone: (519) 539-9800 Fax: (519) 537-3024 TO: The Mayor and Members of REPORT NO.: 2002-237 Tillsonburg Town Council MEETING DATE: November 251h, 2002 759414 Ontario Limited c/o Ms. Vivian Wong 5400 Yonge Street Toronto ON M2 N 5R5 APPLICANT: Rock Developments Inc. 13275 Tucumseh Rd East Tecumseh ON N8N 2T4 SOLICITOR: Mr. Gary Wellman, Esq. Kirwin Partners LLP 423 Pelissier Street Windsor ON N9A 4L2 LOCATION: South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41 R-857 Town of Tillsonburg east side of Broadway Avenue between North Street and the northerly municipal boundary between the Town of Tillsonburg and the Township of South-West Oxford, municipally known as 690 Broadway (Highway #19). COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule T-1 Town of Tillsonburg Land 'Highway Service Use Plan Commercial' Proposed: Schedule T-1 Town of Tillsonburg Land 'Highway Service Use Plan Commercial' with special policies P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@ county. oxford. on.ca File No.: OP 11-71 TOWN OF TILLSONBURG ZONING BY-LAw No.1994: Existing Zoning: Proposed Zoning: APPLICATION REVIEW: (a) Proposal `Development (D)' Special "Highway Commercial (C2-25)' Page 2 Report No. 2002-237 The County of Oxford has received an application for Official Plan Amendment. The Official Plan Amendment proposes to amend the Highway Service Commercial designation on the approximately 3.34 ha (8.25 ac) site to specifically restrict the uses to a 3,716 m2 (40,000 ft2) Sobey's supermarket, a 325.2 m2 (3,500 ft2) restaurant and a maximum of 371.6 m2 (4,000 ft2) convenience retail space. The site is currently in agricultural production and contains no buildings or.structures. It is our understanding the current Official Plan Amendment application has been submitted to attempt to address the concerns raised by the Tillsonburg BIA during the review of the associated Zone Change application (ZON 7-288) by limiting the property to the type and scale of uses currently being proposed for the site. Plate 1, Location Map, is an aerial photograph which indicates the location of the subject lands as well as the existing zoning in the immediate vicinity. Lands to the south and east of the subject property consist of low density residential development and future development lands, lands to the north consist of future highway commercial development lands and currently contain a miniature golf course, driving range and batting cage, with the remainder in agricultural production, while lands across Broadway Avenue to the west consist of an automobile dealership, vacant highway commercial lands and residential development. Plate 2, Applicant's Site Plan, is the site plan submitted with the application showing the proposed layout for the commercial development. The plan shows the location of the proposed Sobey's supermarket, eating establishment and associated parking facilities, as well as a pad for future highway commercial development. (b) Background Associated applications for Zoning By -Law amendment (ZON 7-288) and consent (B-6102) were filed for the subject property with both the Town and County in early 2002. The purpose of the consent and zone change applications was to create a 3.34 ha (8.25 ac) commercial building lot for the construction of 3,716 m2 (40,000 ft2) grocery store, a restaurant and a future commercial pad. The consent application was t riate i - Location Map 759414 Ontario Limited, Pt. 1, Plan 41R-857 (Tillsonburg) Application OP 11-71 NOTE: THIS IS NOT A PLAN OF SURVEY TILLSONSURG MICHIELS xoox I ANN RF1 ATFO INFORMATION iY9TFM OOUNTv OF OXFORD CREATED ON: 21-NM-206S Plate 2 - Applicant's Site Plan un--, 1-1 IT I llk� I llk� File No.: OP 11-71 Page 3 Report No. 2002-237 considered by Town Council at their meeting of March 25th, 2002 and they recommended that the County Land Division Committee defer the application to allow the applicant to submit a traffic impact study, concept and preliminary servicing plan and Market Impact study in order to address a number of issues identified during the planning review. The applicant subsequently submitted the required studies for review by Town and County staff and Town Council passed a resolution at their July 8th, 2002 meeting recommending that County Land Division Committee approve the consent application. The County Land Division Committee considered the application at their meeting of August 1Si, 2002 and approved it subject to a number of conditions, including appropriate rezoning of the subject property and approval of an appropriate site plan. The associated zone change application was subsequently approved by Town Council at their meeting of August 12th, 2002. The approved zoning By -Law amendment rezoned the property to Special 'Highway Commercial (C2-25)' to allow a full range of highway commercial uses as well as a retail food store, not exceeding 3,716 m2 (40,000 ft2). The zoning By -Law amendment was subsequently appealed to the Ontario Municipal Board by the Tillsonburg Business Improvement Association on the basis that the use does not conform to the County Official Plan. It is our understanding that the applicant has submitted the current Official Plan Amendment application to deal with the concerns raised by the Tillsonburg BIA during the review of the associated Zone Change application (ZON 7-288) by limiting the property to the uses currently being proposed for the site. (c) Official Plan The subject property is located within the 'Highway Commercial' designation on the Land Use Plan for the Town of Tillsonburg in the County of Oxford Official Plan. The Official Plan states that the Highway Service Commercial designation applies to those areas largely developed for commercial uses which primarily cater to the commercial needs of the travelling public. Types of service commercial uses that generate significant amounts of traffic and draw customers from a wide area may also be located within these areas. Permitted uses in such designations include: hotels, motels, hotel/conference facility, automotive services, furniture warehouses, farm implement sales, personal and business services, convenience commercial uses, recreation and entertainment uses, restaurants and fast food outlets, uses which require large areas for on -site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. Community shopping centres offering a range of goods and services, which cater to the convenience shopping and service needs of community residents and the travelling public, are a permitted use in the Highway Service Commercial designation. File No.: OP 11-71 Page 4 Report No. 2002-237 Community shopping centres will have between 930 and 4,645 m2 (10,000 ft2 to 50,000 ft2) of gross leaseable commercial floor area. Highway commercial uses will generally have direct access, or access via a service road or major arterial road, with access points to arterial or collector roads limited to the minimum necessary for the proper function of the area and sufficient off- street parking shall be provided. The Official Plan also states that site plan control may be required in such areas to address the following design criteria: • Landscaping will be required along public roads adjacent to the site and vegetative landscaping shall be incorporated within parking areas; • Outdoor storage areas are to be fenced or screened from the street and adjacent residential uses; • Light spill over onto adjacent residential uses shall be minimized; • Loading facilities and service areas shall be located to minimize effects on adjacent residential properties; • The number of access points is restricted to the minimum required for the site to function properly. Shared access with adjacent uses is encouraged; • On site drainage and the needs of persons with disabilities. The site plan submitted for the site indicates two direct accesses onto an arterial road, Broadway Avenue (Highway #19) for the proposed commercial development. Any new development will be required to connect to public water and sewer. With respect to traffic impacts, the Town's Manager of Engineering, the County and the Ministry of Transportation have reviewed the submitted Traffic Impact Study and identified a number of issues which are to be addressed through the conditions of approval and the site plan process. Based on the review by Town and County Staff, it is the opinion of our office that the recommendations of the Planning Report, Market Impact Study & peer review, Final Servicing Strategy, Traffic Impact Study and subsequent comments, as well as the issues raised during agency review, will be appropriately addressed through the conditions of consent, the site specific C2-25 zoning and the site plan process. As previously indicated, it is the opinion of our Office that the proposed development is in keeping with the policies of the County Official Plan relating to development in the highway service commercial designation. It is our understanding, that although the applicant concurs with this position, they have submitted this Official Plan Amendment application to limit the full range of permitted uses on the subject property to the 3,716 m2 (40,000 ft2) supermarket, 325.2 m2 (3,500 ft2) restaurant and a maximum 371.6 m2 (4,000 ft2) convenience commercial and service space currently being proposed, in an attempt to satisfy the concerns expressed by the Tillsonburg BIA with respect to the zone change application. It should be noted that although the floor area of the proposed future convenience commercial and service space has been substantially reduced from the 929 m2 (10,000 ft2) proposed in the zone change File No.: OP 11-71 Page 5 Report No. 2002-237 application, the floor area of the proposed supermarket and restaurant remains unchanged. In this case, it is the opinion of our office that the proposed site specific amendment to limit the range and scale of uses on this site can be considered for the following reasons: • a highway service commercial development with a specified list of uses has been proposed for the site, so the proposed amendment would not unduly limit the appropriate development of the property; • a number of concerns about the scale and future expansion of commercial uses on the site were expressed during the public consultation process which the applicant is attempting to address; and • the proposed amendment is in keeping with the recommendations of the Town's peer review consultant (Robin Dee) with respect to limiting the scale of uses on the property to what has been proposed. In summary, based on our review of the application, it is the opinion of our office that the proposed site specific amendment would be in keeping with the general intent of the County Official Plan and can be supported. If the application is granted, we would recommend the amendment incorporate the following wording into Section 8.3.3.2.1. of the County Official plan relating to site specific provisions in the highway service commercial designation: "Notwithstanding the uses permitted in 8.3.3.2.1 of the County Official Plan for the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel of land lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41R- 857 in the Town of Tillsonburg, shall be used for no other purpose than a supermarket, not exceeding 3,716 m2 (40, 000 ft2) of gross floor area, restaurant and fast food outlets, not exceeding 325.2 m2 (3,500 ft2) of gross floor area, and other convenience commercial and service space, not exceeding 371.6 m2 (4,000 ft2) of gross floor area." The term convenience commercial and service in the Official Plan would include such uses as food stores, meat markets, delicatessens, fruit and vegetable markets, financial institutions, video rental outlets, convenience stores, real estate offices, dry cleaning depots, photo finishing outlets, hairdressers, tailor shops, etc. (d) Zoning By -Law The site is currently zoned `Development (D)' in the Town of Tillsonburg Zoning By -Law No. 1994. A Zoning By -Law Amendment was passed by Town Council at their meeting of August 12`h, 2002, to rezone the site to Special `Highway Commercial (C2- 25). The C2-25 zone allows for a full range of standard C2 zone uses, as well as a retail food store, not exceeding 3,716 m2 (40,000 ft2). The proposed development would comply with all the provisions of the C2-25 zone, however, it should be noted that File No.: OP 11-71 Page 6 Report No. 2002-237 this zoning will not be in full force and effect until the current appeal to the Ontario Municipal Board has been resolved. The current C2-25 zoning approved for the subject property does not currently restrict the gross floor area for the restaurant and fast food, or convenience commercial and service space. However, it should be noted that, with the exception of a retail food store, not exceeding 3,716 m2 (40,000 ft), the only other convenience commercial and service type uses currently listed in the approved C2-25 zoning for the property are: a bank, a convenience store, not exceeding 186 m2 (2002.2 ft2) of gross floor area, and a real estate office. No restriction on gross floor area was incorporated into the current C2-25 zoning for the property for any uses other than a retail food store, as the size of these uses is currently unrestricted in the standard C2 zoning which applies to the majority of other highway commercial properties in Town. It should be noted that the applicant submitted the current Official Plan amendment requesting size and use restrictions on the site subsequent to the Town passing the associated C2-25 zoning. Therefore, if the current Official Plan amendment is approved, the associated C2-25 zoning on the site would not reflect the proposed gross floor area restrictions relating to the restaurant and convenience commercial and service uses. However, the C2-25 zoning does incorporate the proposed 3,716 m2 (40,000 ft2) gross floor area restriction for the supermarket. (e) Agency Comments The application for official plan amendment was circulated to a number of public agencies for comment. The responding agencies consisting of the Township of South-West Oxford Council, the Ministry. of Municipal Affairs and Housing, the Long Point Region Conservation Authority, the Oxford County Board of Health, and the Town's Director of Corporate Services had no objections or comments with this application. As well, a number letters of concern were received by our office and these letters have been attached to this report for Council's information. (f) Planning Review The intent of the site specific Official Plan amendment is to amend the Highway Service Commercial designation to specifically restrict the type and scale of permitted uses on the subject site to address concerns expressed with respect to the associated zone change application. As previously indicated, it is the opinion of our office that the proposed commercial development is in keeping with existing policies of the County Official Plan. File No.: OP 11-71 Page 7 ' Report No. 2002-237 The associated applications for consent and zone change, together with required traffic, planning and market impact studies have been reviewed by Town and County staff and the various public agencies. It is our opinion that all the issues identified through the review process will be appropriately addressed through the site specific zoning By -Law Amendment and accompanying site plan application. The associated consent and zoning have been approved by County Land Division Committee and Town Council respectively, however, the zone change application is currently subject to an appeal to the Ontario Municipal Board. Our office has reviewed the requested site specific Official Plan amendment to restrict the type and scale of uses on the property those currently being proposed. It should be clearly stated that the proposed amendment is not required to allow for the proposed commercial development of the site, but rather to limit the permitted uses on the site in order to address concerns expressed by the BIA with respect to the scale and future expansion of the proposed uses. The proposed amendment would simply limit the type and scale of uses on the property to the 3,716 m2 (40,000 ft2) supermarket, 325.2 m2 (3,500 ft2) restaurant and 371.6 m2 (4,000 ft2) convenience commercial and service space being proposed by the current application. However, it should be noted that the C2-25 zoning approved for site by Town Council only incorporates gross floor area restrictions for the supermarket and does not currently reflect the proposed gross floor area restrictions relating to the restaurant or convenience commercial and service uses. In summary, it is the opinion of our office that this application would not unduly constrain development of the site for commercial purposes, may satisfy some of the concerns expressed by the BIA, and is in keeping with the recommendations of the market impact study peer review. Therefore, we feel that the application would be in keeping with the general intent of the Highway Service Commercial policies in the County Official Plan and can be supported in this case. RECOMMENDATION: It is recommended that Tillsonburg Town Council advise Oxford County Council that they are in favour of an application to amend the Official Plan by Rock Developments Inc. to redesignate lands located at South Part of Lot 7, Con. 10 and Part 1, Plan 41 R-857 from `Highway Service Commercial' to `Highway Service Commercial' with special policies to limit the use of the property to a 3,716 m2 (40,000 ft2) Sobey's supermarket, a 325.2 m2 (3,500 ft2) restaurant and a maximum of 371.6 m2 (4,000 ft2) convenience retail space. v File No.: OP 11-71 Page 8 Report No. 2002-237 For Council's information, the proposed wording for the site specific amendment would consist of the following: "Notwithstanding the uses. permitted in 8.3.3.2.1 of the County Official Plan for the Highway Service Commercial area, a 3.34 ha (8.25 ac) parcel of land lying at South Part of Lot 7, Concession 10, (Dereham) and Part 1, Plan 41 R-857 in the Town of Tillsonburg, shall be used for no other purpose than a supermarket, not exceeding 3,716 m2 (40,000 ft) of gross floor area, restaurant and fast food outlets, not exceeding 325.2 m2 (3,500 ft2) of gross floor area, and other convenience commercial and service space, not exceeding 371.6 m2 (4,000 ft2) of gross floor area." Authored By: "Paul Michiels" Paul Michiels Planner November 20`h, 2002 Approved By: "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning NOY-05-02 TUE 15:16 B'CARROLL 5196428825 P.01 Tillsonburg BIA Donna Rosenthal (Board Secretary) 23 Hyman St., rilfsouburg On. N4G 2C3 VIA FAX - 537-551 Mr. James Hill Manager, Conitnunity and Strategic Planning County of Oxford P.O. Dox 397, Court House Woodstock, Ontario N4S 7Y3 M,ar sir: Re: Official Plan Amendment Application Rock Developments Inc. Part Lot 7, Concession 10 (Dereham) 690 Br'oadwaY. Tillsonburt Nov. S, 2002 COUNTY OF OXFORD "I'Pr iTEGIC ., nr- N O V- 6 2002 = I .P_.n . 0tiiL,: I ally writing to you on behalf of the Board of Management of the Tillsonburg BIA in connection with the captioned matter. The BIA is greatly concerned about the Official Plan Amendment requested by Rock Developments for the folloN%ing reasons: The land use policies for the Town of Tillsonburg affirm the: "commercial core of the Central Area as the highest order retail shopping district capable of meeting the day to day and specialty needs of the residents of the Town of Tillsonburg and surrounding areas" The Plan also limits "the type, size and scale of retail uses which are permitted outside the Commercial Core District through the Zoning By-law". l . The Plan says that: "shopping centre facilities, other than those permitted by Section 8.3.3.2.I ., offering a range of commercial uses which moot specialized service and comparison shopping needs will only be permitted in the Central Area. Such shopping areas may have trade arras which extend throughout large areas of the County and beyond County boundaries"_ l . While there is an exemption for Service Commercial arras, it is specifically provided by Section 8.3.3.2. that Service Commercial areas: "while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of Central Area location and will not directly compete with this area". The purpose of the Highway Service Commercial designation is to "primarily cater to the commercial NOV-05-02 TUE 15:17 B CARROLL 5198428825 P.02 needs of the travelling public". While there is mention in Section 8.3.3.2.1. of shopping centres, this is not in the DIA's view an invitation for large retail uses to be established under the guise of "convenience". As the County is no doubt aware, there have been two grocery stores in the Central Area. 011e of these is now dark, the tenant having relocated to a neighbouring facility in an abutting municipal jurisdiction. There can be no doubt, however, that a nc%v supcnnarket facility on Broadway ,%ill "compete" with uses that have bectl typically located in the Central Area and there is also no doubt that this "competition" will have a deleterious impact on activity on the Central Area. We believe this impact is quite evident for two rcasotls: The market studies that have been presented by the applicant clearly indicate that the proposed supermarket on Broadway will make it impossible for the supermarket in the Town Centre to re- open. The Peer Review study prepared by Mr. Robin Dee says: "the Valu-Mart supermarket in the Town Centre, one of the banners operated by the Loblaw-s Group, closed in June, 2001. if we assume that it will not be replaced by another supermarket, then the additional new supermarket space entering the market by 2003 will be limited to the proposal at the subject Rock Developments' site, ie. 40,000 square feet. This exceeds the warranted additional supermarket space of 37,400 square feet estimated in 2003 which is calculated protecting base year supermarket sales at their 2001 level. Since more space is proposed than the atrlount u-arrantod, the initial conclusion is that there will likely be an impact on base year sales. Will the impact be significant and pose a threat to the continued operation of the existing facilities in Tillsonburg? Our estimate is that the impact is expected to be under -3.5% and .rill have been dissipated within two years..., In other vtbrds, there will be an impact on the one supermarket that remains in downtown Tillsonburg and it is notable that the proposed new supermarket facility at 40.0oo square feet would be approximately 150% as large as the downtown facility. ii) There is a second scenario mentioned in Mr. Dee's Peer Review. I le says. "assuming a replacement of the vacated Valu-Mart space in the Town Centre with another supermarket operation, the additional new supermarket space entering the market by 2003 together with the Rock Developments' proposal, will be some 74,400 square feet, virtually double the estimated warranted additional supermarket space. Under this scenario, if one is to assume that the new space will achieve in excess of $400 per square foot, theft it will be at the expense of the base year sales level with the impact likely ill excess of -35%. The reality is that one of the most experienced supermarket banners could not justify continuing to operate in the Town Centre. Given this evidence, I believe, it is extremely unlikely that another supermarket operator will take up the challenge where a well-known banner has so recently seen fit to cease operation. It is important to note that without replacement of the Valu Man in the Town Centre, the plaruled function of the downtown core is not at risk with the A&P store continuing to provide supermarket service across the street from the Town Centre". The 131A takes strong exception to the contention that the planned function of the Central Area is not at risk and that is the reason for the zoning appeal. We feel it is essential that major retail activity continue to occur in the Central Area. If large retail uses of this nature are allowed to locate in the highway Scrvice Commercial designation, they will effectively cut off business to the Central Area and greatly reduce the magnitude of retail and commercial activity taking place in the Central Area. The purpose of the Highway Commercial designation is not to undermine or compete with uses in the doivulown area but rather- to compliment these uses. It is quite reasonable for furniture stores, building supply cettltes and similar uses to locate in the Service Cou=crciat areas. High way Commercial lands NOV-05-02 TUE 15:18 2 CARROLL 5198428825 P.Os 11 should be used for uses that cater to the convenience needs of the community and by this we mean convenience stores in the range of 5,000 square feet The idea that a 40,000 or 50,000 square foot supermarket can constitute a convenience use makes a mockery of the protections provided to the Central Area by the Official Plan and is a matter of deep concern. The eery hierarchy of the Official Plan upon which investment docisions have been made in the Town of Tillsonburg is threatened by the proposed Official Plan amendment and the Zoning By-law that has boon appealed. We ask the Town and County Councils to take these concerns into account in making a determination regarding the appropriateness of the requested amendment. The supermarket proposed at 40,000 square feet has already indicated that it wishes to expand to 50,000 square feet and that there is room on the site to accommodate this. if all 50,000 square feet ofavailable retail space is taken upby the supermarket, the convenience and other needs of residents cannot be met within the existing designation. It seems likely that in this event, there will be pressure on the Councils to expand the amount of land available for retail purposes in the north end. This also would be very much to the detriment of the planned function of the Town Centre. fetter. Please Rote our contents regarding the proposed Ofllcial Plan amendment and confirm your receipt of this Yours very truly, ?kAc;:. - �t5ncia Hynes Chair Tillsonburg B.1. A. BC: 11 / 06/ 2002 13: 37 5198424261 SZOREWI PAGE 01 County Planning Department, County of Oxford, P. O. Box 397, WOODSTOC& Ontario. N4S 7Y3 1• Att'm- James Hill Dear Sir: Cc4!`dTv. OF OXFORD i' 7l::...._ NOV ! 2002 Lt •�.. 1// November S, 2002. GG:.' ..r...._� C *;'r- Post Ir Fax Note 7671 Date Z pwo2 TO -am co. FAX s S - -."z F=. Re: Official Plan Amendment Application Rock Developments Inc. Part Lot 7. Concession 10, Dereham Gyulveszi Properties Inc. (G.P.I.) has serious concerns about the Official Plan Amendment requested. G.P.I. have made substantial and serious investments in the Commercial Core of the central area, which would be undermined by this Amendment. There have traditionally been three grocery stores located within the Commercial Core area of the Town of Tillsonburg. Those grocery stores were the A & P, Loblaws and I.G.A,. As the County is aware, there is presently one grocery store, the A & P, in the central area. The second store is now vacant. The third, Ublaws) is now in the Norfolk Mall. The Official Plan Amendment applied for will permanently relocate the second grocery store to the northern fringe of the Town. The Market Studies prepared by the Applicant quite clearly indicate that if the Sobeys Grocery Store is allowed to proceed at the north end of Town, there will not be another store operating in the Towm center. The Downtown Core area will be negatively affected if major retail activity, such as a grocery store is allowed to locate at the fringe in a Highway Service Commercial area. There are four anchor tenants located in the Downtown at present: Zellers, A & P, Canadian Tire and the vacant grocery store. Adjacent to the proposed North Broadway location of Sobeys is land that would clearly be suitable for the 11/06/2002 13:37 5198424261 SZOREWI PAGE 02 relocation of Zellers or Canadian Tire. Once the Official Plan Amendment is allowed transfering a Downtown Core business eucht as the Supermarket, how could the County possibly refuse a similar Application by Canadian Fire too. The land use policies for Tillsonburg designate the Downtown Commercial Core as the highest order retail shopping district. The Service Commercial area such as that at the north end of Broadway is to cater to the commercial reeds of the traveling public and is not to compete with • Downtown. I have heard comments from Downtown Business owners suggesting that they would prefer to locate out of the Central Core as property taxes are cheaper, development costs are cheaper and land is cheaper. Why should they not be allowed to leave the Central Core along with the grocery store? There are presently eighteen vacant stores on Broadway with a vacant 34,000 foot grocery store in the Town Centre Mall. The County is aware of the south end of Broadway, which has been vacant for twenty years. Given those circumstances and given the weakening of the Official Plan, which would allow the escape of other anchors out of the Core, it seems that the Official Plan Amendment requested, if approved, will be the final nail in the coffin of another Downtown. Yours very truly, GYU] TIES INC. Per• MGS/dw Mic Please confirm your receipt of this letter and copy us with all future correspondence relating to this Amendment. . C County Planning Department, County of oxford. P.O. Box 397, Woodstock, Ontario. N4S 7Y3_ Attention: James Hill. Dear Sir: M.I.T. Group Inc. 155 Broadway, Tillsonburg, Ontario. N4G 3P7. NOV - 8 2002 r� U L FiLr , Re: Official Plan Amendment Application•#--:='.__.-._. __,_..... Rock Developments; Inc. Part Lot 7v Concession 10, Dereham.' M.Y.T. Group Inc. is the owner of a Downtown Core property, located at the corner of Broadway and Ridout Street. This property has been occupied over the years by Department Stores, Financial Institutions and Office Commercial Tenants. This building situate at the prime Downtown Corner in the Town of Tillsonburg is 90% vacant and has been so for almost two years. The vacancy is due to two factors. First a grocery store left the Town Centre Mall resulting in a reduction of traffic downtown. Secondly, the property taxes are unaffordable by most tenants. There are a number of vacancies in the Downtown Core, including a vacant Supermarket and the south end that has been barren for twenty five years. It seems to me ludicrous that Planning Departments could consider an Official Plan amendment that would allow the relocation of a prime Downtown anchor tenant to the fringe, leading to further devastation Downtown. Perhaps the Planners could learn from examples such as Woodstock, St. Thomas and Brantford and try not to repeat the mistakes of the past. TO 39Vd Yours very truly, M.I.T. GROUP INC. Per: GEORGE GILVESY, JR. I lW3?iOZS T9zVzV86T9 tiS:tiT ZOOZ/LO/TT 1�0i►'-06-ZODZ 16:43 FROM-MLDWEELL BANKER: PARET REALTY 519-696-ST96 T-T85 P.001/OQZ F-462 -T#b0i bx*U; Ontario bWQ 3C7 .. _ .. ' • • ' - _ _ - r - ' , _ - '_ 'Tel: - (6191 842:84il '• ... � : _ - _ - : ; - _ - _ - - - : - - , _ - :Fax: -_ . =51g'_ $"' 3$ r • • - ' -ro .- ;1 _ . = . • . - _ ` -. •.. • - • - .:. = -.- S Nov - 7S 2002 '. .To. - - : - - Mr. J'aumes Hill . :: • • ' • _ - ' - - - . _ : ' _ • _ ' - .� = Manager, Covidunity add'Strateoc Plaannnng F. . _ .: • - . . - ' _ ' • ; - ' : • . County of OoW - - _ _ _ , ' _ :' _ • _ C _ . • - ' � .. • • • ... " � � .' ' 519-537-3024- - ... w " .. • '. - . - ' : . � �'; � .. .: __- _.__. _-- Date: • ' Woveaibe.r 6, 2002= - • • , - ; ' ' . _ - - . - From:: ': •J ' : • Jobn G. Cslves r, P.EYig-; Grentrac Sezvices • ._ ' - _ . . . ' - =r - : - w . . ' = • ' _ +Official P]8n ;Atneridtn+�nt Application, • " : ' .: � r :• . ' . • - - • _ _ ' = • " _ ' ' _ • . • ' : Rock D,710prnents Inc• : . ' -' - - • • ' . • • • - -_ ' - - • . _ . •.._ : . • pages II]CL Cover:_' !' - - : _ _ _ _ _ • _ . _ _ _ - . - - • : : Dean Mr.Flli -, _ - .- -• _ .- '• _ _ -• - - ' .• - - . _ - - ' r ' ' to expreour concern about the :Ofcial Plan Amiud=nt requested by Rock' '. - ' • . - - We acre wrrtmg . • - . • - • • : = - Developme�s Inc. for several reasons iacluding:.. . _ -_ : _ • . • - . - : r •- • - r - should be located in the comaarcial coie of the' ' - . I) We are of the •opinion tbat a grocery store _ Central Arai so as fa support a strong, vital end beaMy downtown. The downtown - • _ - . • downtown and its future-' Allowing a grey . _ : ead_propeittj► ov�er_s�ave:made•iavesriuents ur t]�e. reduce area outside of the core, (i) .may �8�re}y ivokpact the core, {n� r uce - ' • ' • stare:to-iocate m as We - . • • • . - ' _tlposslity oaoCtractng a second grocery store'to the core,:and-(m� draw traffic away firom . • cross Aection of -.• . Wor ' Gro sentin� awzde - - Ckstmg stores in thc_core:.'The Commercial long up, repi'e . • ' . _ _ '. " � ry interests wing• town p— io& , Staff - county p economic dev • pme� _ - . � �• • - :officer, real estate broker, and :agreed that ``thy Ce�tra� _ CCU zone � - • . Mended to be the st-ordei retail shopping dis•rrict, capable of ng Y- - Y' � =_ . ••. ' of xhe resideats'of the Towriof �'iiisonb�rg and -surrounding areae. We coacttr v&h the .. _ • _ .. • . ConipaemW Working Groups reco ' n theta grocery store" should be•located in the Ce�trtral Comal Zone (see Town of Ti7lsbnbvrg Draft Zoning By-;aw ,_December 1997).: - - - NOV-06-2002 16:43 FRORDLDWELL BANiiER: PARET.REALTY 618-688-8786 T-795 P.02/QOt F-46t a , -2— 2) Allowing a grocery store to locate outside of the core may "open the glee and potentiaW lay The ground work for other com =vial interests like Canadian Tire and Zellers to also Lo atc outside the downtown core. We are an fs U-W with the devastated downtown cores ofsu.. ch100 communac a as Bren*rd, St. Thomas, Sarnia, etc. London bag =00ntly 9Cnt to excess of $ *, Mon to try to revitalize its core, including the garden market, Waxy, and sports centre profectS. Comumflities the.size of Tillwnburg do -not have the ability to fund such huge expenditures to revitalize their coins. 3) TMsonburg bas a vacant grocery store is the downtown core, and an under-Wilized Parcel in its south end that may also be suitable for a 40,000sf grocery store. ACCO1ding to the National Maas Sued Centre, `Downtown is a -symbol of eomnaU*Y economic health, local qualy of "k prlde� and community history. 'These are all factors in industrial, commercial, and professional r , in adder, a "vital downtown roams and createsidt)4 whi&alsomeans a stronger tax bow." We must first revitalize our core area and promote redevelopment of Our dowMIown under-utilized areas before such uses (late a grocery store) are allowed to locate outside the core. This policy is Consasteirt with previous OMB rulings pertakdn.9 to the interests of ft Town of TMwnburg, and the much publicised provincial "Smad Growth" and `Brownfields"mrtiatives. 4) The proposed of6cial plan mmendnumt is site spedne and accordingly, may pure] &c other • prepmV owners of bighway conniercial properties in the town of Tillsonburg. .. Please note our concerns regarding the proposed Official Plan arneadment and confirm, your receipt of this letter. Sbould you have any questions, please do not hesitate to contract us. TrWY2 Grilvesy Enterprises -. . B Y'CS John . esy, P.EW . . File: A-45/02 Date: November 27, 2002 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, December 9, 2002 Time: 7:00 pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2"d Floor OWNERS/APPLICANTS: Mr. Robert Eden 9 Dereham Drive Tillsonburg ON N4G 5L8 LOCATION: AGENT: Mr. O. Mandryk Mandryk, Stewart & Morgan 65 Bidwell Street Tillsonburg ON N4G 3T8 Lot 1, Plan 41 M-87, municipally known as 9 Dereham Drive, Tillsonburg. PURPOSE OF APPLICATION: The applicants are applying for relief from permitted rear yard encroachment requirements of the R1-9 zone to recognize an existing covered deck to the rear of a single family dwelling. The Applicant has requested the following minor variance from the provisions of the `Special Residential First Density (R1-9)' zone: "Permission for relief %rom Section 5.25.3.2. Open, Unenclosed Porch, Balcony. Deck and Step Encroachments into Required Yards. to increase the permitted projection into the required rear yard from the maximum of 1.5 m (5 ft) to 2.15 in (7.05 f) to recognize an existing covered deck located to the rear of a single family dwelling. 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 Public Health and 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 Paul Michiels, Planner at 842-9200 extension 236. Yours ery truly r David C. Morns, AMCT Secretary -Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2"d Floor Tillsonburg ON N4G 5A7 0 Robert Eden, Dereham Drive - ApplicationOFS 02 IIIiCCC`Z J�ZZs(iIlli noTr: Txlsn nor. MAN OF svRvry ••-•• •• •.... ....ww.o. rn.rt F � _ LOT SO REGISTERED PLAN 41M - BB q ti r • LOT 1 �� .u..�w� REGISTERED• PLAN Q LOT v I.. W. PART 22 yr r•• PLAN .IR S DEREHAM F DRIVE / MUSTERED PLAN 41M-87 TOM Of 71LtSONBURC (/ COUNTY Df OKONO I 2 / METRIC ME7^' _ ••,• .^•. RN NusTm / wRKnxc L1o. RCPORT SUWMTIw.w....�= ..ws...wn / .^elw � •w ..ean.o•w n..mr rov..oa ID 9MK1LR'S CRTFlG.IE PAIIT 1� 4 n1e Nlti.u..rvrnlnw nw L T•A!MA_:ISSi _ N w.mn I•I �� �u�Rwern+i ��iT NOTESM r.w..'wur UOD'O Y•n `.Vi.r uum OmA..r '. _ cDv SURRMNG LTD. ?he 'Corporation of the COUNTY OF OXFORD Phone: (519) 539-9800 DEPARTMENT OF COMMUNITY AND STRATEGIC PLANNING Fax: (519) 537-5513 4 ;~� P.O. Box 397, Woodstock ON, N4S 7Y3 OUR FILE: A-45/02 MEMORANDUM To: Chair and Members of the Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Community and Strategic Planning Office Re: Planning Comments on Application for Minor Variance A-45/02 Date: December 91", 2002 BACKGROUND Applicants: Robert Eden Agent: Mandryk Stewart and Morgan Location: 9 Dereham Drive Official Plan: Low Density Residential Zoning By-law: Special Residential First Density (R1-9) Adjacent Uses: Residential in all directions Proposal: The applicant is proposing to recognize the location of a covered deck to the rear of a single detached dwelling. Requested Relief: Relief from Section 5.25.3.2, Open, Unenclosed Porch, Balcony. Deck and Step Encroachments into Required Rear Yard, to increase the permitted encroachment into the rear yard from 1.5 m (4.92 ft) to 2.15 m (7.05 ft) to recognize the location of an existing covered deck. COMMENTS Intent and Purpose In Compliance of Official Plan: Intent and Purpose The purpose of the rear yard provision in a Residential zone is to provide of Zoning By -Law: adequate area for maintenance and drainage, separation between buildings on adjacent properties for privacy, and to provide open space and amenity area. Covered porches, decks and balconies are permitted to encroach slightly into the rear yard, due to the fact that they typically impact only a portion of the rear yard area. It should be noted that a larger rear yard encroachment is permitted for uncovered porches, decks and balconies to recognize that such features do not have the same massing effect as covered or enclosed structures and, therefore, may project further into the required rear yard. Extent of Variance: The variance is minor. P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@counfy.oxford. on.ca December 4, 2002 Page 2 Desirable Use or Plate 1, Location Map, is an aerial photograph of the subject property Development/Use: showing the location of the property in relation to the abutting properties, existing zoning, and the location of buildings and structures. Plate 2, Applicant's Sketch, is a survey sketch showing the dimensions of the subject property and location and dimensions of the existing dwelling and covered deck. The application indicates that the subject property is approximately 542 m2 (5,682.7 ft2) and contains a 194.6 m2 (2,094 ft2) single detached dwelling and covered deck constructed in 1997. It should be noted that the covered deck would comply with the rear yard setback requirements for an uncovered deck if the covering were removed. The existing covered deck located to the rear of the dwelling reflects a building form that is characteristic throughout Tillsonburg and only impacts a small portion of the required rear yard. In this case, the R1-9 zoning on the property serves as a transitional zoning between the R1 zoned lots to the west and the smaller R2-3 zoned lots in Hickory Hills to the east. Since the R2-3 zoned properties already allow a rear yard setback of 4.12 m (13.5 ft) for a covered deck and the existing deck is located toward the middle of the rear yard, the requested variance should not have a significant impact on privacy. As well, the maximum lot coverage for the property has not been exceeded in this case, so there should still be sufficient room for drainage and amenity area. It is, therefore, the opinion of this office that the proposed variance for rear yard encroachment is appropriate in this case and can be supported. Recommendation: That the Tillsonburg Committee of Adjustment approve application A-45/02 for 9 Dereham Drive subject to the following conditions: 1) If required, a building permit for the covered deck shall be obtained within one year of the date of the Committee's decision. Authored By: Approved By: Original Signed By: "Paul Michiels" Paul Michiels Planner December Td, 2002 "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning II° 7FIN t 15•; / � � k x Plate 1 - Location Map Robert Eden, 9 Dereham Drive (Tillsonburg) Application A-45/02 NOTE: THIS IS NOT A PLAN OF SURVEY TILLSONEV RD . MICHIELS An k JJa�yy f ��Gyy TILtWuouBr — ---... O zooz 14NN XGI Gifu INf OPMiTION YVDTFM OOVNTV OF OFGOPO CREGTED ON: 04.DEC3003 0£K—P9-616 MYJ Q£9£—M—G&V 3NDHd "N" su u gym WT OfH 'W INO UMNO=U '133NIS A3AVVH OC tauOMili"0r 11�ST3►f1 V0A3ANr1S GNd1 OINVINO wwA=6N>,S1 •oll aNu►3nans aaLsnH AN ON43kVM a31SM NO JO NOW1110d HU49M P41 JrOMM lwd a NO 3V M Na Iv0d3V SM4 JO 3SM NO NMVIOl W WUO110DW M 3W M1 MAWS a3LSM Fro( ZOOS 1ND0(AdW Q) ? C 4 O (1 ( 1MoJ waso++ns ww •cro - ot0oo NYd 13S s3100,130 is St10A3Aiif16 Mn (do-aw -ry aacumi r - as C&=) alwav3N SUON30 {n tf►---Bit WrW 0314043o031131=10 S31i00N30w0 lid OWIND JD NOUVOOM 3 A I }j Q N V H 3 u 3 Q 011 ONuWM GILSM /MM 931ON30 (M% S•1.0 NGI M •Jr IMON30 (LuNJ *W39 =31t1M UM &MON" ) w0 " M SMON30 we Now Gwowis oaHroJ 1 LN3WWCR SSMON30 1N3FWMR AV4f1t SUON30 • MM31 a Ld) srst (DA.rM J2AGK JW) 3 .00 .9v .11 3 -00 .M ./L N JD '—c pS SM (A i Id) •Ml 01 i Ld) CIYt OH" "v o1MYN L9-R0 NY1d a3YLStl3U No NMONS SY y1W0 ROOM(w i 14) A smn MI3WQWM 314 OL 031iAU34 3w OW VOOM MM 3W SONlw30 - (1) _ SMON iaurx�LLmD do ' 3Lva 3 U Di INN03SSM QW= 38 TO 111Dd3t! 1VNI M Md AD UMW1VNOMW ON �MMOH = b Oft �+ao 'OL1 O owm m A8 a3Lvadn m NVO Smm SILL .� Q3151M 31V0 � - iooi c 2D81"�3AON � . ; • � � e6Ea - dl4 Nb�-ld in 1 x 3NL 010 0313wrW SvM AY41% SM4 tt)4 \ mom Vat 1.• � w3)U OM 30VN SNDUvinD3M M 3Hl CM 3 S3114 1 3NL GIN IN SNOA3 VM *4 •tar MAWS 31u S1 Z J.Lib'd ZZ la'dd 0 v '"10i I sw ��0+ a MOO o M N N1M 32waMDaOv M aw IOTA= 3w YOW1d OAY4M SW - (1) I"Q AAL= 1 N O 3WOULL00 S.WA3AvnS `.e SM3M A9 Mn au � r• 101 erl AmmsHodam ON SLd3='V 03NDGIDOMI 3N1 OW NM Ixom HU aWdMW HM SVN MOM ALb3dDdd 11r3T1 S. SM(Lsm a70 f3l43N 3wres 10"I - NOil04 o3a UK - IDYMM .3 ONv 1030 03M3No0 'IDYM V MY13MO AS Q)dbM Alwdaa 403POM JO v3w Y S3M7311 3bvMS 0'0% - YIW UVMW lO3 Le - N147 NV-1d Q3d3.r_sl�3t� s •NYd •ou"o ~ t1Ot0-wm JO 1w JO Asww OM11S11DS114 A was Suml S F 0 LS-Mv NYV 031 S0311 1 401 - 1104,149Ma ALM3dOVd M)M" M WNMWV 1UNN IOU AS o3 A'= lON 4MY11-AY O1MN02 _ 1_ �0`- a �. 0 "' i O,d � Ow Sp114 1voUJo WdC 1ilM 3ON"%FM* g D Tuu NO a3MUS103M 3NON ;Lva-Jo-.&Lm l Wow upm3m a4ii3tS1ON (� (Aw4m JD HV1d WM N04ONitf w 1M a!tu 3a m),kvvnIKnS j.Hod3a i µ� td td) •� Cl`1 'Q11 OHv,3nans casnH MDI 3.00 .ft .f r .A 9WID AG 0WAM10 AS 13341 01 oum3kNoo 30 ^^ em - a000 NYs -o ow s m3N N 3w ww au w was s39Nv1S10 V 1HO N Z « 0OZ4 3wos88 - V�[ r-f� Nd"id Q3t�31Sl 3t� aaosm so uNnoo 09 log oanews-m io moi �- 48—W * Nd'Id aMMSIMN File: A-47/02 Date: November 27, 2002 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, December 9, 2002 Time: 7:00 pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2"d Floor OWNERS/APPLICANTS: AGENT: Mr. David Leigh Linkoln Group Inc. 71 Montclair Drive Woodstock ON N4V 105 LOCATION: Part Lot 23, Plan 41 M-133, municipally known as 62 Barker Street, in the Town of Tillsonburg, County of Oxford. PURPOSE OF APPLICATION: The applicants are applying for relief from rear yard requirements of the R2-8 zone to recognize the location of a recently constructed single family dwelling. The Applicant has requested the following minor variance from the 'Residential Second Density (R2-8)' zone: 1. "Permission for relief from Section 7.2.1.1.7., 'Rear Yard to reduce rear yard from the required depth of 10.5 m (34.4 ft.) to 10.45 m (34.28 ft) to recognize the location of a recently constructed single detached dwelling. " 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 Public Health and 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 Paul Michiels, Planner at 842-9200 extension 236. Davi . Morris, AMCT Secretary -Treasurer Tillsonburg Committee of Adjustment Tillsonburg Corporate Office 200 Broadway, 2"d Floor Tillsonburg ON N4G 5A7 w ... __...,-_ /I!� '+S . . r.-o' l-'i•2s_� ' � •rod. /�.: r GRADING PLAN` - PART No. I - e PLAN No. 91/R- 7048 -SCSEE; /: 2Go °62 bAKKHR ST. CLIENT. L/NKOaN HOME S� 'QENCfI MMKK' TOP yr FIRE N%UA' T'1 5 EI... 4J_ 9.1.0 /alGc*1 I _. UNKowN 7-%FON R a Q p ..pp N r yell I j V •� 41 � BLO APLA•/33.88...• -I ' bar VW .q � i n cove✓AG_^• 23.73% .� ! ^ Yw. a32 ;:. THIS PLANIS ED. FOR GRADING ONLY. 2a.T./a E .a/�r�2-. /ice-•_ EL[Vn r/AcK OF I Q1yyy /C� /O •/J�/11 JFw//ILK /1/c DE/�./ GN..dC= Ys' /O •TJ ION -J. D_CNPMeERS ^PPROVED FOR CONSTRUCTION U ena ENOIEERS'LT D. LATE`: OCL /0/2002•I ...-e.u-_— / L29 The Corporation of the COUNTY OF OXFORD Phone: (519) 539-9800 OFFICE OF COMMUNITY AND STRATEGIC PLANNING Fax: 519 537-5513 P.O. Box 397, Woodstock ON, N4S 7Y3 ( ) OUR FILE: A-47/02 MEMORANDUM To: Chair and Members of the Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Community and Strategic Planning Office Re: Planning Comments on Application for Minor Variance A-47102 Date: December 91h, 2002 BACKGROUND Applicant: Lincoln Group Inc. Location: 62 Barker Street Official Plan: Low Density Residential Zoning By-law: Special Residential Second Density (R2-8) Adjacent Uses: Residential (north, south and west), Town boundary and cropped agricultural lands (east) Proposal: The applicant is proposing to recognize the location of a single detached dwelling recently constructed on the property. Requested Relief: Relief from section 7.2.1.1.7, Rear Yard, to reduce the rear yard from the required 10.5 m (34.4 ft.) to 10.45 m (34.28 ft.) to recognize the location of a recently constructed single detached dwelling. COMMENTS Background: A previous application for minor variance (A-33102) was approved for the subject property by the Town's Committee of Adjustment at their meeting of October 151h, 2002. The purpose of the application was to reduce the front yard from the required depth of 7.5m (24.6 ft.) to 7.1 m (23.3 ft.) to allow for the construction of a single family dwelling on a corner lot. The existing single detached dwelling complies with the approved front yard variance. Intent and Purpose In Compliance of Official Plan: Intent and Purpose The purpose of the rear yard provision in a Residential Zone is of Zoning By -Law: to provide adequate area for maintenance and drainage, separation between buildings on adjacent properties for privacy, and to provide open space and amenity area. The application indicates that the subject property is approximately 410.2 m2 (4,415.5 ft2) in area and contains an approximately 133.9 m2 (1,441.3 ft), one storey bungalow constructed within the last few months. The P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@county.oxford.on.ca December 4, 2002 Page 2 applicant has indicated that the concrete formers made an error in constructing the rear wall by compensating for a 9" wall instead of a 7" wall resulting in the need for a 5 cm (1.2 in) variance at the southeast corner of the dwelling and a 5 cm (2 in) at the northeast corner. In this case, the subject property backs onto the Town boundary and cropped agricultural lands to the east, which are unlikely to be developed for residential uses in the near future, so privacy should not be an issue. As well, the applicants will still have adequate landscaped open space for maintenance, drainage and amenity area, as the maximum lot coverage for the R2-8 zone will not be exceeded. It should be noted that it is the builder's responsibility to ensure that any dwelling being constructed will comply with all the Zoning By -Law requirements once completed. In this regard, proposed building designs should allow for a reasonable margin of error, rather than being constructed to the maximum building envelope, in order that such minor errors during construction do not result in non-compliance with Zoning By - Law provisions. Extent of Variance: The variance is minor Desirable Use or The single storey bungalow recently constructed on the subject property Development/Use: is similar in character to the other residential dwellings in the area and the small reduction in rear yard should not have any impact on drainage, outdoor amenity area or privacy. It is therefore the opinion of this office that the proposed variance to recognize the recently constructed single detached dwelling is appropriate in this case and can be supported. Recommendation: Authored By: Original Signed By: "Paul Michiels" Paul Michiels Planner December 3rd, 2002 That the Tillsonburg Committee of Adjustment approve application A-47/02 for 62 Barker Street, subject to the following conditions: 1) If required, a revised OLS survey of the subject property shall be submitted to the satisfaction of the Town's Chief Building Official. 2) A building permit for the dwelling shall be obtained within one year of the date of the Committee's decision. Approved By: "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning 1 — LEGEND �- s ! Zoning Line Municipal Limits 1 ` �,tt"Subject - Property I. p _ � � v y ems. .,(�/ •�°" &. 1 �, �e _ � - _- ♦I 1 s I^Gy V, i h�-'n �1� 1' i Plate 1 - Location Map --_.__ ----" Linkoln Group Inc., 62 Barker Street (Tillsonburg) Application A-47/02 � �N OEWE 1 ANN RFI ATFN INFORMATION 9Y9TFM NOTE: THIS IS NOT A PLAN OF SURVEY ,,N.. OF o9FORo ` TILLEONEVPG - MICHIELS CREATED ON:Oa.OEC-M02 CART N SCALE: /:P-oo Cr C> I A K I P,,P< ArE FZ :5 77� PLAN No. bZ A CLIIEP47 -CE-Aid:71-1 7-01", Pr2l-3 kn bt 1V Sonitory Sewer .0mo —7. SL 9- bo ie-3 =6 1 LJ IV A-. Or L-.rA/ 19 d;reC9;ovv 91 tUnoll LF) S%Prnp porop not to br dorocled of sopffem of Foe. to be 0- Fft gvn)vo) boloof I lmlvhed grade. V6 Or'. Is" L 0 7' A X C.4 z he13 3- 618 -73 ja tip 07 THIS PLAN IS APPROV150 FOR GRADING ONLY. _ 24,3./c � tiG� l� r��....7 j-r--7 6dv je=e-7, --r- .46- A-r /-I Aco<-, o Jx=- C, n -,f J-0-1 qj ^PPnOVED FOR CONSTRUCTION cc ".uL-ri'm4a o-00 fit .4t -14 -3 I ti fki't°11 OUR FILE The Corporation of the COUNTY OF OXFORD OFFICE OF COMMUNITY AND STRATEGIC PLANNING P.O. Box 397, Woodstock ON, N4S 7Y3 ZON 7-295 APPLICATION FOR ZONE CHANGE TO: The Mayor and Members of Tillsonburg Town Council OWNERS: Mike & Brenda Vanwynsberghe 16 Andover Street Tillsonburg ON N4G 4J5 Phone: (519) 539-9800 Fax: (519) 537-3024 REPORT NO.: 2002-258 MEETING DATE: December 9th, 2002 LOCATION: Town of Tillsonburg, Part of Lots 1606, Plan 500 and Part 1, 41R-1737. located on the southwest corner of Young Street and Highway #3, municipally known as 93 Young Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule T-1 Town of Tillsonburg Land `Open Space' Use Plan TOWN OF TILLSONBURG ZONING BY-LAw No.1994: Existing Zoning: 'Open Space (0)' and 'General Industrial (M2)' Requested Zoning, Special 'Residential Type 1 (R1-Special)' APPLICATION REVIEW: (a) Proposal An application has been submitted to the Town of Tillsonburg for an amendment to Zoning By -Law No. 1994 to rezone the subject property from 'Open Space (0)' and P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@county. oxford. on.ca e 2 File No.: ZON 7-295 Page Report No. 2002-258 'General Industrial (M2)' to Special 'Residential First Density (R1-Special)' to allow for the construction of a single detached dwelling on the subject property. The subject property is approximately 4.46 ha (11 ac) in area and contains no buildings or structures. The applicant is proposing to construct the dwelling on the southerly portion of the approximately 0.91 ha (2.24 ac) of table land located in the M2 zoned area along Young Street, with the remaining 3.55 (11.64 ac) M2 and O zoned lowland area of the property to remain as vegetated open space. As background, the applicant has indicated that the current property was purchased with the understanding that an industrial building and a single detached dwelling could be constructed on the property. It was subsequently discovered that the property that was shown to the applicant at the time of sale included the subject property as well as portions of the adjoining property which were not actually included in the property for sale. The applicant has since determined that the property actually purchased does not contain sufficient level ground to allow for the construction an industrial building and single detached dwelling. The current application has been submitted to try to mitigate this real estate error by allowing for the construction of a dwelling on the property. Due to the site constraints, the applicant has had to abandon plans to construct an industrial building on the subject property. Plate 1, Location Map, is an aerial photograph which indicates the location of the subject lands as well as the existing zoning in the immediate vicinity. The subject lands consist of table land located along Young Street with the remainder vegetated lowland area. Lands immediately to the north, across Highway #3, consist of valleylands and low density residential. Lands to the south and west consist of the Trillium Railway, open space and future development lands, while lands to the east consist of Industrial and highway commercial lands. Plate 2, Applicant's Survey Sketch, indicates the dimensions of the subject property, the location of the table land, slope and lowland areas and the proposed single detached dwelling. (b) Official Plan The subject property is located within the 'Open Space' designation on the Land use Plan for the Town of Tillsonburg in the County Official Plan. The Open Space designation applies to a number of areas including Flood Plain Areas, Conservation Authority Lands, Public Agreement Forests, Areas of Natural and Scientic Interest for the Earth Sciences and public and private parks and recreation areas. Uses which may be permitted within the Open Space Designation include active and passive recreation e.g. hiking/cycling trails, parks, conservation areas, sportsfields, golf courses, swimming areas, arenas etc., enjoyment of the environment in its natural state, preservation of natural features and the enhancement of the urban environment through the introduction of greenspace areas and corridors into the built environment. i Highway #3 F . t c C2-1 1 g, CF �' �..• �,....��— `� .Yin.. x 'M 13F., 4Plate 1 -Location Map Mike & Brenda Vanwynsberge, 93 Young Street (Tilisonburg) Application ZON 7-295 NOTE: THIS IS NOT A PLAN OF SURVEY TILLSONSURG • MICHIELS LEGEND Zoning Line Municipal Limits Subject Property 71LLSOV000.G ® 202 NO.11 AlOINFORMGTION 9V 9TFM Y ! COVNTV OF OXFORD CREATED ON: 18-NOU.2002 L A �INr �10 S01 MI- M WW am" A mv�m M nw mww - go nn Mau= cum is Mtr M W". Y W}1 M m011m M Mri M Y�l1 • � MY M1 q M70� mlRisl am=-HN►-I" ONDAM u ALNfW M NV1d OV GRAUM NVW Wdworm A NMOL Sig N /ION MlVbWN jV ALAII o AQLIVM A .INNIM aohffvg v CM 1r09 WI A NMN Q MOSS= 9 IM AD AMU =3 n s` - NdtadNdo djWtioA ��.��._. (SJIdM�IdH 'ldNolldN �---- ........ --- . r r ��^ •o '�+. ��f M dti W til'S'112i 1 4V /,Its,4�-hf� � (.LMVd OOSb' 3H31S193H my-ld 5.non .4 QiM1t 8081 LO-1 F via .3VA.L � •oN G SirbXo � iVv a Bib File No.: ZON 7-295 Page 3 Report No. 2002-258 The plan states that County and Area Councils shall consider the following criteria in reviewing proposals for development with the Open Space Area: • New development in accordance with the permitted uses will only be permitted where appropriate measures can be taken to mitigate and compensate for environmental impacts and to ensure hazards from development are mitigated; • permitted structures shall be those which are accessory or ancillary to the open space use, such as accessory residences, gold pro -shop, swimming pool, club house, refreshment stands etc. which are integral to the recreational use of the land; • the area covered by structures shall be minimize and parking areas shall not be paved. Such facilities shall be set back from the edge of streams and located away from site of significant natural vegetation; • retention of areas of existing native vegetation shall be maximized and grading and drainage plans shall maintain existing surface water flow to those areas; • buffers comprised of native vegetation shall be shall be required between natural features, such as streams and areas of significant natural vegetation, and recreational areas and facilities; • on -site drainage and stormwater management facilities shall be designed to minimize contamination of receiving waters, while maximizing groundwater recharge; • private or communal sewage disposal systems shall be established in accordance with Provincial and County Criteria; In this case, the open space designation on the property reflects the fact that the majority of the subject property is either low lying or subject to slope constraints. Our review of the application has not identified any significant environmental features on the property and the Long Point Region Conservation Authority has reviewed the application and indicated that they have no concerns with the proposal. The proposed single detached dwelling would not be accessory to any open space or recreational use on the property and, therefore, would not be a permitted use in the open space designation. However, it should be noted that existing M2 zoning on the easterly third of the property currently permits a range of industrial uses which would not conform the Open Space designation. The Official Plan contains policies which allow for Area Council to consider a minor change in use to a more compatible use provided that existing municipal services will be adequate, the proposed change in use will not interfere with desirable development in adjacent areas which is in conformity with the plan and zoning By -Law and would include measures to protect adjacent uses and improve compatibility with the surrounding area. In this case, rezoning of the property to permit the construction of one single detached dwelling while eliminating the range of industrial uses permitted on the property would be more in keeping with the policies of the Open Space designation. However, it should be noted that before any residential development of the property is considered for approval, Council should be satisfied that such development will be compatible with adjacent industrial uses and that appropriate municipal services will be available. File No.: ZON 7-295 Page 4 Report No. 2002-258 With respect to servicing, the County Official Plan states that all new development in the Town shall be fully serviced and developed on centralized water supply and wastewater treatment systems. In this regard, the County's Manager of Water/Wastewater services has indicated that they are generally opposed to the application based on development on a private sewage system within Town limits. Therefore, the applicant's will be required to demonstrate that full municipal services will be available for the application to be considered for approval. The Official Plan states that, where topographical limitations area identified, County or Area Councils may require information with respect to the specific location of the building hazard and the degree of hazard to the proposed development and the proposed method by which any identified impacts may be overcome or mitigated in a manner consistent with acceptable resource practices and engineering techniques. In this case, the applicant's site plan and our recent site inspection indicate that that the property slopes down significantly towards the west, approximately 40 m (131.2 ft) back from Young Street. In this regard, the Town's Manager of Engineering has requested that a slope stability/erosion review for this development be carried out subject to the approval of the Long Point Region Conservation Authority and the Town of Tillsonburg. The Official Plan also contains policies which pertain to potential noise, vibration and emissions issues with respect to new residential development in proximity to industrial uses, major roads, railways and airports. The plan states that County and Area Council's may require an assessment of potential noise, vibration and emissions impacts on new residential development in the following circumstances: • within 100 m (328 ft) of a freeway or 50 rn (164 ft) of a Provincial Road right-of- way; • within 100 m (328 ft) of a principal main line and 50 m (164 ft) of a secondary main railway line; • immediately abutting an arterial road with high traffic volume; • within 300 m (984 ft) of an existing or proposed heavy industry; • within 100 m (328 ft) of the intersection of two arterial roads, or an arterial and collector road with high traffic volumes. In this case, the subject property is within 50 m (164 ft) of a secondary main railway line (Trillium Railway) and a Provincial Road right-of-way (Highway #3) and within 300 m (984 ft) of existing industrial lands. It would appear that there is sufficient room on the property to locate a dwelling more than 50 m (164 ft) from both the Highway #3 and the railway. However, Trillium Railway has indicated that they object to the application due to compatibility problems with residential development in proximity to their rail line (see attached). As well, it appears that the proposed dwelling location would be within 50 m (164 ft) of designated and zoned industrial land. it should be noted that although the current M2 zoning on these properties would permit a number of heavy industrial uses, no such uses are currently existing or proposed within 300 m (984 ft) of the proposed building location. File No.: ZON 7-295 Page 5 Report No. 2002-258 In summary, it is the opinion of our office that the proposal to rezone the property for the construction of one single detached dwelling could be considered due to the fact that industrial uses are already permitted. However, there are still a number of outstanding issues relating to servicing, noise, vibration and emissions, slope stability and compatibility with adjacent uses that need to be addressed prior to further consideration of this application. (d) Zoning By -Law The easterly half of the subject property is currently zoned 'General Industrial (M2)' with the remaining area zoned 'Open Space (0)', in the Town of Tillsonburg Zoning By -Law #1994. The M2 zoning allows for a full range of industrial uses including a truck transport terminal, a fuel storage supply yard, a grain elevator, a planning mill etc., while the O zone permits such uses as a golf course, private park, conservation area etc., as well as a single detached dwelling if occupied by a person employed on the lot on which such dwelling is located. The applicant is proposing to rezone the entire property to a Special 'Residential First Density (R1-Special) zone to allow for the construction of single detached dwelling. However, if the application is considered for approval, it is the opinion of our office that a Special 'Open Space (O-Special)' zoning would be more appropriate, as it would be more in keeping with the policies of the Open Space designation in the Official Plan. An O-Special zone could allow the full range of open space uses, as well as a single detached dwelling, and incorporate any special provisions which might be identified by the slope stability or noise, vibration, emissions studies. The property would comply with the provisions of the O zone pertaining to lot depth, lot frontage and lot area, however, more detailed information will be required to determine if the location of the proposed dwelling would comply with all required setbacks. (e) Agency Comments The applications for official plan amendment and zone change were circulated to a number of public agencies for comment. The Town's Manager of Engineering submitted the following comments: • The owner or his agent shall consult with the Town of Tillsonburg early in the design stage to ascertain the standard requirements and specifications for servicing the above development, • If relocation of sewers, electrical and/or water plants is required, the owner/developer shall bear all costs associated with the said relocation; • All streets shall be developed to Town standard including the width of the road to accommodate the fire truck; • A detailed flow calculation of the sewers must be submitted to the Town of Tillsonburg for approval, File No.: ZON 7-295 Page 6 Report No. 2002-258 • A subdivision agreement shall be required including the necessary deposits and letter of credit to cover the cost of the works, • The developer shall contribute the cost of the watermain fronting Young Street; • All underground utilities shall be developed to Town standard, as per the Town design criteria from storm and sanitary sewers, watermain, roads, curbs, sidewalk, street lights and etc. • Grant such easements and/or services corridor as may be required for utilities or drainage purpose to the appropriate authority; • Prior to any development, a storm water management report must be submitted to the Town of Tillsonburg for approval; • A slope stability/erosion review for this development to be carried out subject to the approval of the Long Point regional Conservation Authority and the Town of Tillsonburg; • Prior to any development, a services plan shall be submitted to the Town for approval; • This development should require MOE approval before the constructive started; • Submit a lot -grading plan to the Town of Tillsonburg for review and comments; • A copy of the Town of Tillsonburg design criteria for residential subdivision is available for purchase at the Engineering Department, • This development should require an application of allocation of water prior to any development, • There are no sanitary and storm sewers on Young street at present time. The developer shall aware of this circumstance. The County Manager of Water/Wastewater Services indicated the following: • Applicable wafer/wastewater development charges to be applied; • Property fronts onto a public watermain; and • They are concerned about/opposed to the application based on development on a private sewage system within Town limits. Trillium Railway Company Limited indicated that they are opposed to the application as expansion of the rail line is being investigated and the right of way adjacent to the subject property could accommodate a transload facility in the future. They feel a residential use in the area may hinder future development. As well, a copy of their requirements for residential development is attached to this report for reference. The remaining responding agencies consisting of the Long Point Region Conservation Authority, and County Public Works (Roads Section) had no objections or comments with this application. The Corporation of the wh m `` "I COUNTY OF OXFORD Phone: (519) 539-9800 OFFICE OF COMMUNITY AND STRATEGIC PLANNING Fax: (519) 537-5513 9c,o+cas;�� P.O. Box 397, Woodstock ON, N4S 7Y3 OUR FILE: A-47/02 MEMORANDUM To: Chair and Members of the Tillsonburg Committee of Adjustment From: Paul Michiels, Oxford County Community and Strategic Planning Office Re: Planning Comments on Application for Minor Variance A-47/02 Date: December 91h, 2002 BACKGROUND Applicant: Lincoln Group Inc. Location: 62 Barker Street Official Plan: Low Density Residential Zoning By-law: Special Residential Second Density (R2-8) Adjacent Uses: Residential (north, south and west), Town boundary and cropped agricultural lands (east) Proposal: The applicant is proposing to recognize the location of a single detached dwelling recently constructed on the property. Requested Relief: Relief from section 7.2.1.1.7, Rear Yard, to reduce the rear yard from the required 10.5 m (34.4 ft.) to 10.45 m (34.28 ft.) to recognize the location of a recently constructed single detached dwelling. COMMENTS Background: A previous application for minor variance (A-33/02) was approved for the subject property by the Town's Committee of Adjustment at their meeting of October 151h, 2002. The purpose of the application was to reduce the front yard from the required depth of 7.5m (24.6 ft.) to 7.1 m (23.3 ft.) to allow for the construction of a single family dwelling on a corner lot. The existing single detached dwelling complies with the approved front yard variance. Intent and Purpose In Compliance of Official Plan: Intent and Purpose The purpose of the rear yard provision in a Residential Zone is of Zoning By -Law: to provide adequate area for maintenance and drainage, separation between buildings on adjacent properties for privacy, and to provide open space and amenity area. The application indicates that the subject property is approximately 410.2 m2 (4,415.5 ft2) in area and contains an approximately 133.9 m2 (1,441.3 ft), one storey bungalow constructed within the last few months. The P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 • planning@county. oxford. on.ca . C File No.: ZON 7-295 Page 7 Report No. 2002-258 (f) Planning Review The purpose of the rezoning application is to rezone the property from 'Open Space (0)' and 'General Industrial (M2)' to Special 'Residential First Density (R1- Special) to allow for the construction of a single detached dwelling on the subject property. Based on our review of the application, it is our opinion that the proposal to rezone the property for the construction of one single detached dwelling, could be considered in this case, as it would be more in keeping with the policies of the Open Space designation than the current range of industrial uses permitted on the property. However, there are still a number of outstanding issues relating to servicing, noise, vibration and emissions, slope stability and compatibility with adjacent uses that need to be addressed prior to further consideration of this application. The applicant has requested a Special 'Residential First Density (R1-Special)' zoning for the property to allow for the construction -of a single detached dwelling on the property and to eliminate the range of permitted industrial uses on the site. However, if the application is considered for approval, we feel it would be more appropriate to rezone the property to Special 'Open Space (O-Special)' which would be more in keeping with the Open Space designation applying to the subject property. The Town's Manager of Engineering has raised a number of issues relating to servicing. and slope stability and the County Manager of Water/Wastewater services and the Trillium Railway Company have indicated that they object to the application. In summary, based on the comments received from the commenting agencies and the policies contained within the Official Plan, it is the opinion of our office that the application for zone change be deferred to allow the applicant to investigate the feasibility of extending public sewers to the property and to address concerns related to slope stability, noise, vibrations and emissions and compatibility with adjacent uses. As well, a more detailed building location survey will be required to determine if the proposed dwelling location would comply with all required setbacks from lot lines and top of stable slope. RECOMMENDATION: It is recommended that the Council of the Town of Tillsonburg defer the application for zoning by-law amendment submitted by Mike & Brenda Vanwynsberghe, whereby lands located at Part of Lots 1606, Plan 500 and Part 1, 41 R-1737, in the Town of Tillsonburg, are to be rezoned from 'General Industrial (M2)' and 'Open Space (0)' to Special `Open Space (0)' to allow the applicant to: 1. Investigate the feasibility of extending public sewers to the subject property; File No.: ZON 7-295 Page 8 Report No. 2002-258 2. Satisfy the concerns of the Town's Manger of Engineering with respect to slope stability; 3. Submit a noise, vibrations and emissions study to demonstrate that the proposed dwelling will not negatively impact the use of neighbouring industrial and railway lands, to the satisfaction of the Town; and 4. Submit a detailed building location survey for the subject property showing the location of the proposed dwelling, including setbacks from property lines and top of stable slope. Authored By: Original Signed By: "Paul Michiels" Paul Michiels Planner December 5th, 2002 Approved By: "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning �'"""CTl�onbur� a?" The Corporation of the Town of Tillsonburg Staff Report To: David C. Morris C.A.0. From: Cynthia A. Hildebrand Director Community Services Subject: Emergency Museum Roof Replacement Date: December S, 2002 Purpose: This information contained in this report deals with the emergency roof replacement at the Museum. Background: In May of this year, a leak was detected in the second floor meeting room (new addition to the building). Tom Proctor, Garland Canada — roofing consultant investigated. It was found that due to the top coating of the roof had deteriorated causing water to back up on the roof before draining into the drains. It was found that the water was leaking around the roof top HVAC units. In order to correct this problem repairs to roof were required. The repairs included re -pouring the tar and adding new gravel to provide a proper slope to the drain as well as a sealant around the HVAC units to prevent water penetration. The work was completed in June and inspected. The drains were again operational eliminating the leak. In late November, a leak again was detected in the second floor meeting room. The drains were checked and appeared to be functioning properly. The HVAC contractor was contacted to determine if the drain pans in the HVAC units were functioning properly. The interiors of the HVAC units were dry, showing no signs that the leakage was coming from the HVAC units. At that point the roofing contractor who completed the work in June was called to investigate. Pagel of 3 ♦ .1 Upon investigation it was determined that the roof was not leaking around the outside of the HVAC units. Further exploration of the roof decking below the insulation was conducted. Removal of the top layer of the roof revealed wet insulation and a crack in the concrete roof decking. A patch was put on over the crack to temporarily stop the leak into the building. The crack in the concrete decking was not detectable under the insulation. It was not detected until after the leak around the HVAC system was repaired causing the water to back up under the insulation until it reached the crack in the decking. With the seal around the HVAC system repaired the water was forced to back Grp under the insulation to the crack in the decking. This resulted in another new leak. The roofing consultant was contacted immediately which resulted in a further investigation. The report from the consultant dated November 28, 2002 is attached for your review. I have included the following excerpt from his report: "Further to our previous discussions we wish to report that it is our opinion that the museum roof area that we looked at has failed. It is my belief that this failure is a result of the 4"of phenolic insulation that lies between the concrete deck and the roofing membrane. Phenolic insulation first came into the market in 1988-89. It became quite popular due to its high R value and low cost. The problem with phenolic is that in the manufacturing process an acid based catalyst was used. It was found that this acid based catalyst quickly leeched from the phenolic and aggressively attacked steel decking. It also created a gassing effect which attacked the roofing membrane from the inside out. As a result of these serious problems this insulation was removed from the market between 1992 and 1994. I have included several bulletins from some of the manufacturers that were sent out notifying the roofing community about its problems. Although these bulletins deal mainly with metal decking the fact of the matter is that the gassing effect of the phenolic was also a major problem for roofing membranes. For these reasons we recommend that this roof be scheduled for replacement as soon as possible., It The consultant was directed to prepare and issue tender documents for the immediate replacement of the roof. The tendered prices were received December 4, 2002 and attached for your reference. Summaries of the tendered prices are as follows: • Smith Peat Roofing - Exeter $26,999 • Flynn Canada Roofing — London $27,905 • Thomas Roofing — London $29,360 Page 2 of Rage 2 of 3Page 2 of 3 M�on�iccr� a p" & Zw-� The Corporation of the Town of Tillsonburg Conclusion: The roof over the new addition to museum requires immediate replacement. Delays and remedial work will most likely lead to additional cracks and leaks causing damage to the interior, which will result in additional repairs to walls, drywall and ceilings etc. The reserves allocated to the Museum are not sufficient to cover this expenditure; my recommendation is to fund this repair from General Town Reserves. Recommendation: "That the staff report dated December 5, 2002 be received and Further, the firm Smith Peat Roofing is retained to complete the emergency roof replacement at a cost of $26,999 as soon as possible. And further a contingency of $1,500 is allocated for the HVAC contractor to coordinate the disconnection and reconnection of the HVAC units and removal and replacement by crane of the two larger units to enable the completion of the roof replacement." Respectfully Submitted: Cynthia A. Hildebrand Director Community Services Approved By: David C. Morris C.A.4. Page 3 of 3 CADOCUME—IILVERST—I\LOCALS-rllTemp\C.Lotus.Notes.Data\Museum Roof- December 2002.doc Mr. Larry Fisher Parks & Facility Manager The Corporation of the Town of Tillsonburg Tillsonburg Community Centre 45 Hardy Ave. Tillsonburg, Ontario N4G 3W9 Re: Museum Roof Dear Mr. Fisher: November 28, 2002 Further to our previous discussions we wish to report that it is our opinion that the museum roof area that we looked at has failed. It is my belief that this failure is a result of the 4" of phenolic insulation that lies between the concrete deck and the roofing membrane. Phenolic insulation first came into the market in 1988-89. It became quite popular due to it's high R value and low cost. The problem with phenolic is that in the manufacturing process an acid based catalyst was used. It was found that this acid based catalyst quickly leeched from the phenolic and aggressively attacked steel decking. It also created a gassing effect which attacked the roofing membrane from the inside out. As a result of these serious problems this insulation was removed from the market between 1992 and 1994. I have included several bulletins from some of the manufacturers that were sent out notifying the roofing community about it's problems. Although these bulletins deal mainly with metal decking the fact of the matter is that the gassing effect of the phenolic was also a major problem for roofing membranes. For these reasons we recommend that this roof be scheduled for replacement as soon as . possible. Our budget estimate for the replacement of this roof is $21,500.00. It is important to note that this is a budget estimate only and actual firm or tendered prices could be somewhat lower. Replacement of this roof would include the following; • Removal and disposal of the existing roof down to the concrete deck. • Removal and disposal of all perimeter metal with the exception of the decorative fagade on the west wall. • Lifting of large air make up units off of roof area and reinstalling these units when the new roofing system is installed. • Installation of a vapour retarder to the surface of the deck. • To the surface of the vapour retarder installation of new 1.50" of polyisocyanurate insulation with a .50" wood fiber separation board. • Next install four plies of an HPR type IV glass felt in hot asphalt. • At all perimeters install a SISISBS modified membrane reinforcement and a protective ice and water shield up and over all parapet walls. • Finally install a flood coat of hot asphalt and new pea gravel and new perimeter metal counter flashings. In reference to the existing conditions where the leaks where temporarily repaired, as we discussed I would strongly recommend that this area be addressed as soon as possible in order to remove the existing water from this area and to build up the area high enough in order to attempt to drain as much moisture as possible to the drains. If this is not done then there is a strong possibility that the weakened felts will split open again as a result of thermal shock due to the freeze and thaw cycles that we will be experiencing this winter. The cost for temporary repair as obtained from Smith Peat Roofing and Sheet Metal Ltd. is $1,200.00 I hope that this information meets with your requirements and I will be in contact with you with in the very near future to further discuss this matter. However, in the mean time should you require any additional information or if I can be of assistance in any other way, please don't hesitate to contact me. Yours truly, Thomas B. Proctor Garland Canada Inc. Representative 1 Invitation To Tender Roofing Replacement Project' THE CORPORATION OF THE TOWN OF TILLSONBURG TILLSONBURG MUSEUM 4 2 Roof Replacement Specifications FOR THE CORPORATION OF THE TOWN OF TILLSONBURG TILLSONBURG COMMUNITY CENTRE 45 HARDY AVENUE TILLSONBUR, ONTARIO N4G 3W9 INDEX PAGE # # OF PAGES COVER PAGE AND AREAS; ------------ 2 -------------- 2 SPECIAL CONDITIONS; ----------------- 4 --------------- 1 INSTRUCTIONS TO BIDDERS; -------- 5 --------------- 2 TENDER FORM; --------------------------- 7 --------------- 2 TENDER DOC. CHECK LIST ----------- 9 --------------- 1 GENERAL CONDITIONS; --------------- 10 --------------- 4 GENERAL REQUIREMENTS; ---------- 14 --------------- 4 PAYMENT AND WARRANTY; --------- 18 --------------- 2 SCOPE OF WORK; ALL ROOF AREAS; ------------------------ 20 -------------- 2 INSTALLATION; ---------------------------- 22 -------------- 8 APPENDIX; ---------------------------------- 30 --------------- 1 3 THE CORPORATION OF THE TOWN OF TILLSONBURG ROOF REPLACEMENT SPECIFICATIONS FOR TILLSONBURG MUSEUM 30 TILLSON AVE. TILLSONBURG, ONTARIO AREAS TO BE COMPLETED: ROOF AREA ONE; --- 2,100 SQUARE FEET APPROXIMATELY REFERENCE ATTACHED DRAWINGS CONTRACTORS SHALL CONFIRM ALL MEASUREMENTS . v 4 THE CORPORATION OF THE TOWN OF TILLSONBURG SPECIAL CONDITIONS 1. DURING THE PERFORMANCE OF THE ROOF WORK SHOULD ANY UNSOUND AREAS OF STRUCTURAL DECKING BE UNCOVERED THESE SHALL IMMEDIATELY BE BROUGHT TO THE ATTENTION OF THE OWNER OR HIS REPRESENTATIVE FOR DISCUSSION ON PROCEDURE. UNDER NO CIRCUMSTANCES SHALL SUCH AREAS BE ROOFED OVER WITHOUT THE ABOVE DISCUSSION. 2. EXTRA CARE SHALL BE TAKEN IN MOVING ALL MATERIALS AND KEEPING THE WORK AREA CLEAN. HAZARDOUS AREAS ON THE GROUND SHALL BE CLEARLY MARKED AND CORDONED OFF. 3. LOOSE DEBRIS WILL CONSTITUTE A HAZARD ON WINDY DAYS. TO GUARD AGAINST SUCH OCCURRENCES EXTRA CARE SHALL BE TAKEN TO KEEP THE ROOF AREA FREE OF LOOSE DEBRIS. 4. ALL WORK TO BE COMPLETED AS PER SCOPE OF WORK AND SPECIFICATIONS. 5. INSULATION TYPES AND THICKNESSES FOR ALL AREAS SHALL BE AS SPECIFIED. i 5 THE CORPORATION OF THE TOWN OF TILLSONBURG INSTRUCTIONS TO BIDDERS 1. PRE TENDER JOB SITE MEETING; A PRE TENDER MEETING WILL BE HELD ON THE PROPOSED JOB SITE FOR FAMILIARIZATION WITH WORKING CONDITIONS AND THE PROCEDURAL SPECIFICATIONS. QUOTATIONS FROM CONTRACTORS NOT IN ATTENDANCE AT THIS MEETING WILL BE DISCARDED. 2. BID SUBMISSIONS; A. OFFERS SIGNED UNDER SEAL, EXECUTED AND DATED WILL BE RECEIVED BY THE OWNER NOT LATER THAN THE DATE, TIME AND LOCATION SPECIFIED. B. FAILURE TO MEET THE REQUIREMENTS OF THE BID DOCUMENTS WILL RESULT IN DISQUALIFICATION. C. OFFERS SUBMITTED AFTER THE SPECIFIED TIME WILL BE RETURNED TO THE BIDDER UNOPENED. D. NOTE THAT THE TENDER FORM CALLS FOR TWO PRICES. PRICE ONE IS TO BE CONSIDERED AS THE BASE BID AND PRICE TWO IS TO BE CONSIDERED AS AN ON TO THE BASE BID. 3. TAXES AND DUTIES ALL BIDDERS MUST MAKE PROVISION IN THEIR BIDS TO COVER THE FULL COST OF THE FEDERAL GOODS AND SERVICES TAX (GST), PROVINCIAL AND MUNICIPAL TAXES, PERMITS AND FEES. B. THE CONTRACTOR WILL PAY FOR MUNICIPAL BUILDING PERMITS WHEN REQUIRED BY THE ONTARIO BUILDING CODE. lei 4. AWARD OF CONTRACT ALL BIDS WILL BE EVALUATED ON STIPULATED PRICE ONLY; HOWEVER, THE OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS. B. IF A BIDDER WITHDRAWS HIS BID AFTER THE BID CLOSING OR IF ALL REQUIRED DOCUMENTATION IS NOT COMPLIED WITH, THE OWNER MAY RETAIN THE BID SECURITY FOR ITS OWN USE. C. THE CONTRACT IS DEEMED TO BE AWARDED ON THE DATE THAT THE OWNER ADVISES THE BIDDER IN WRITING OF SUCH AWARD. 7 WORK DESCRIPTION Tillsonburg Museum 2 Library Lane Tillsonburg, Ontario TENDER FORM ROOF REPLACEMENT SITE MEETING; December 2/02 @ 10:00 AM CLOSING DATE; December 4/02 @ 12:00 Noon ALL WORK AS PER SPECIFICATIONS ISSUED CONTRACTORS TO VERIFY ALL DIMENSIONS This tender is submitted by; Firm Name: Address: Address: City Telephone:519-b88-9011 Fax:519-842-4120 TO: Mr. Larry Fisher, Parks & Facility Manager Tillsonburg Community Centre 45 Hardy Ave. Tillsonburg, Ontario N4G 3W9 We of Postal Code Agree to supply all necessary labour, material, plant and services for the execution of the Work described above and in complete accord with the contract documents and procedural specifications for the stipulated sum of; Price 1 Roof Area 1. 'I. The following amounts of GST, AND PST, have NOT BEEN included in the stipulated prices (in reference to the above numbers); 1. GST GST REGIST. NO PST I/we expressly warrant that the prices contained in my/our bid, whether as unit prices or lump sums are quoted in utmost good faith on my/our part without any collusive arrangement or agreement with any other person or partnership or corporation and that I/we are not party or privy to any deceit tending to mislead the Owner into accepting my/our bid as a truly competitive offer. SCHEDULE I/we will commence work within calendar days of a contract award and will complete all work within as per the contract within calendar days of commencement. SPECIAL NOTES 1. All tender spaces must be completed on the Tender form. Errors, uncompleted Tenders, unbalanced bids, or additional data or pricing not requested shall render the Tender invalid. 2. Tenders shall be signed by an authorized officer of the Corporation under the Tenderer`s Corporate Seal if the Tenderer is a partnership or an individual. I This Tender shall remain valid and irrevocable for 60 days from the closing date. Failure to complete this form will cause disqualification. Name of Company Signature of Company Official Date 1 9 THE CORPORATION OF THE TOWN OF TILLSONBURG GENERAL CONDITIONS SPECIFICATIONS FOR THE INSTALLATION OF MODIFIED BITUMEN ROOF SYSTEM REPLACEMENT ALL ROOF AREAS: 1.0 GENERAL CONDITIONS 1.1 The Corporation for the Town of Tillsonburg reserves the right to reject any or all tenders. The lowest tender shall not necessarily be accepted. 1.2 The Corporation for the Town of Tillsonburg shall maintain and pay for fire insurance during this project. The contractor shall maintain Public Liability Insurance for the protection of the Owner and himself against damage to property and loss of life or injury during time of execution of work. The policy shall be in the joint names of the Contractor and the Owner, the amount being for $2,000,000.00 1.3 All work carried out under this contract shall be done so in strict accordance with the safety standards laid out by the province of Ontario, Bill 6793, and the SAFETY GUIDELINES FOR ROOFERS as issued by the O.I.R.C.A. 1.4 All workmanship shall be in accordance with the standards established by the C.R.C.A. 1.5 All permits and licences are to be provided by the contractor at his expense. 1.6 All contractors bidding this project shall visit the job site and inform themselves of existing conditions. The contractor shall accept sole responsibility for any errors or neglect on his part in this respect. 1.7 All contractors bidding this work shall have a minimum of five years experience in the roofing industry and shall have available the proper technicians and equipment necessary to complete the work according to specifications. I.8 The instructions to bidders and all addenda to the specifications or drawings that may be sent out to the bidders during the time of tendering shall be considered as part of the contract documents. 10 1.9 The Contractor shall be responsible for the co-ordination of the entire work in accordance with the drawings, specifications and contract documents. The Contractor shall be responsible for the compliance of all those engaged on the work with regards to the laws, rules, regulations and by-laws or ordinances insofar as such apply to or affect the work, including the following; a) The obtaining and paying for of any charges in connection with any building permits, licenses and/or certificates of inspection, and approval as be necessary or required in connection with the work. b) All payroll assessments including; 1. Workers Compensation. 2. Unemployment Insurance. 3. Hospital Insurance. 4. Any additional assessments required by law regarding the payment of those engaged in the work. 5. Workmen Compensation Board Certification 1;10 The contractor acknowledges that neither the Contract nor the proceeds thereof, may be assigned without the written consent of the owner. l .I I TAKING THE WORK OUT OF THE CONTRACTORS HANDS A. The Owner may, without any authorization, take all or part of the work out of the contractors hands and may employ such means as it sees fit to complete the work, including the use of Performance Security when applicable in any of the following cases, namely; A l . where the contractor has made default or delayed in commencing or in diligently executing the work or any portion thereof to the satisfaction of the person designated on the Purchase Order, and the Owner has given notice thereof to the contractor, and has by such notice required the contractor to put an end to such default or delay, and such default or delay continues for seven (7) days after such notice was communicated. A2. where the contractor has made default in the completion of the work, or any portion thereof, within the time limit for such completion of the contract. A3. where the contractor has become insolvent. A4. where the contractor has committed an act of bankruptcy. AS. where the contractor has abandoned the work. 11 A6. where the contractor has made an assignment of the Contractor without the required consent of the Owner; or AT where the contractor has otherwise failed to observe or perform any of the provisions of the Contract. B. where the work or any portion thereof has been taken out of the contractor's hands, the contractor will not be entitled to any further payment, including payments then due and payable but not paid, and the obligation of the Owner to make payments shall be at an end, and the contractor shall be liable upon demand therefore to pay the Owner an amount equal to all loss and damage suffered by reason of the non completion of the work by the contractor. C. or by the Owner, the Owner will determine the amount, if any, of the hold back and progress claims of the contractor unpaid at the time of taking the work out of his hands that in the Owners opinion is not required for the purposes of the contract and the Owner may, if it is of the opinion that no financial prejudice will result, pay that amount to the contractor. D. the taking of the work, or any portion thereof, out of the contractor's hands does not operate so as to relieve or discharge the contractor from any obligations imposed upon him by law, except the obligation to complete the physical execution of that portion of the,work so taken out of his hands. 1.12 INDEMNIFICATION CLAIMS A. Contractor will indemnify and save harmless the Owner from all claims relating to labour and materials furnished or supplied in executing the Contract and from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the activities of the contractor in performing the Contract, or to an infringement or an alleged infringement by the contractor of a patent or invention. 1.13 SUB -CONTRACTORS A. The contractor will provide a complete and firm list of names and addresses of the sub- contractors whom he will use. B. Contractor agrees to; B1. require his sub -contractors to perform their work in accordance with and subject to the terms and conditions of the Contractor Documents. 12 B2. be fully responsible to the Owner for acts and omissions of his sub -contractors and of persons directly or indirectly employed by then as for acts or persons directly employed by him. The contractor therefore agrees that he will incorporate all the terms and conditions of the Contract Documents into all sub -contract documents. B3. Nothing contained in the Contract Documents shall create any contractual relationship between the sub -contractor and the Owner. 1.14 ONTARIO LABOUR CONDITIONS AND CONSTRUCTION LIEN CLAIMS A. Persons employed on the work must be fully qualified to perform the work required. The contractor will comply with the provisions of the Government Contracts Hours and Wages Act, The Construction Lien Act, 1983, and where applicable, The Employment Standards Act and any Regulations passed under any of these Statutes. I.15 REGULATIONS/ACTS A. The contractor shall comply with Ontario Regulation 644/88 - Workplace Hazardous Materials Information System (WHMIS) wherever and whenever controlled products are used within the scope and duration of this Contract. B. The contractor shall comply with the following Acts if nature of contract falls into the listed category; - The Explosives Act - The Food and Drug Act - The Pest Control Product Act - The Atomic Energy Control Act 1.16 Alternatives: Where one kind, type or brand of materials is named, it is the required minimum standard of quality. Substitutions lowering the performance, quality, method of manufacturing or installation, or not in keeping with the details and specifications will not be permitted. No time extensions will be permitted to revise or redesign a product which does not comply, and non-compliance shall classify the bid as informal and be rejected, since time is of the essence, the owner will not delay the award of this contract. The specification, for which purpose they were established. All requests for approved alternatives must be submitted to the owner in writing no later than 4 days prior to the closing date of the tender. All approvals must be given by the owner in writing prior to the closing of the tender. 13 THE CORPORATION OF THE TOWN OF TILLSONBURG GENERAL REQUIREMENTS 1.0 MATERIAL STORAGE AND HANDLING 1.1 All materials are to be stored in original undamaged condition with manufacturers seals and labels intact. 1.2 All materials shall be stored in strict accordance with the manufacturers recommendations. Any materials noted on the job site as having moisture present shall be deemed unacceptable and shall be removed from the job site. 1.3 Only sufficient material may be left uncovered as may be employed in a working day or prior to inclement weather. 1.4 No roofing materials shall be installed during wet weather or when rain is imminent. 1.5 Heating of kettle asphalt shall be in strict accordance with the recommended temperature range for type III asphalt for both maximum heating and minimum application temperatures. A functioning easily read thermometer shall be located at the kettle at all times. 2.0 EQUIPMENT 2.1 Maintain all equipment in good working order. 2.2 Kettle employed on the job site shall have a plainly visible readable temperature gauge. 3.0 AIR INTAKE UNITS 3.1 Air intake units may not be shut down for any extended period of time. The contractor shall take all necessary precautions to ensure that the units affected do not allow dust etc. to enter the building by installing filtering tarpaulins over the air intake area. 14 4.0 PROTECTION 4.1 Wherever necessary the contractor shall make provision for the protection of all building surfaces that may be affected by the roof work in progress. Surfaces shall include buildings, walls, floors, ceilings, furnishings, equipment, plant materials, lawns, etc. Any damages to be repaired without cost to the Owner. 4.2 Where traffic over existing roofs is necessary to roof removal and replacement a traffic surface shall be provided and ramps over control or expansion joints provided. Traffic surfaces shall consist of 3/4" plywood or other suitable material. Any damage occurring to these roof areas shall be made good at the contractors expense. 4.3 Provide adequate protection to public and property. 4.4 Protect new work from damages from any cause. All finished work must be protected so that no marks or scratches mark the finished surfaces prior to acceptance of the work. 4.5 Protect and be responsible for all new finished and unfinished work which is exposed and susceptible to vandalism or theft. 5.0 INSPECTION 5.I The supplier of the roof top membrane shall inspect, from time to time, the work in progress of the roofing contractor. 5.2 The supplier of the roof top membrane shall have the authority, if not satisfied with the work in progress to cause a work stoppage. He shall then cause the contractor to make such corrections as are necessary to conform with the specifications and other contract documents. He shall, in all such cases, keep The Corporation of the Town of Tillsonburg fully informed. 6.0 WARRANTY 6.1 On all areas of total roof replacement work the contractor awarded the work agrees to give The Corporation of the Town of Tillsonburg a warranty stating that the roof areas completed under this contract will remain leak proof for a period of two years from date of acceptance of the completed work. s. t 15 The supplier of the water proofing membrane agrees to supply to The Corporation of the Town of Tillsonburg a unlimited "No Dollar Limit" warranty for a period of TEN years from the date of acceptance of the completed work. 6.2 The Owner shall have the responsibility of informing the Garland Co. of any new roof top installations which may affect the warranted area during the warranty period in order that the new installations may be installed by the original contractor. In so doing the warranty will not be affected. The owner agrees that should the work be completed without compliance to this clause the warranty will become null and void. 7.0 SUPERVISION AND WORKMANSHIP 7.1 Execute the work in the most efficient manner and in accordance with the directions and to the satisfaction of the owner. Employ a competent foreman who remains in charge until the work is completed. 7.2 Ensure that only skilled and certified tradesman are employed. 7.3 Repair, replace or otherwise make good all unacceptable work. 8.0 CONTRACT MANAGEMENT 8.1 The appointed representative of the owner for the duration of this project and will supervise and co-ordinate all aspects of this contract with the contractor. 8.2 Contract Supervisor will be named on the Purchase Order. 9.1 Work will commence on award of the Contract, carried on in a continuous manner and be completed within the time specified on the Purchase Order. 9.2 TIME IS OF THE ESSENCE OF THE CONTRACT. 10.0 USE OF SITE FACILITIES 10.1 Furnish all labour, materials, equipment, storage, transportation, and any other incidentals required. 10.2 Existing sanitary services, where provided, may be used by the Contractor and his personnel. If not available at the specific project, the Contractor must provide this service at his own expense. 16 10.3 The Contractor is responsible for loss or damage to materials or equipment. 11.0 UTILITIES 11. l Contractor may use the electrical service and water service at the site only as directed by the Contract Supervisor. 11.2 The contractor shall supply and pay for hoses, extension cords, special wiring or boxes as required. 12.0 DAILY CLEAN UP 12.1 Remove all excess debris. 12.2 Leave all areas broom clean. 13.0 FINAL CLEAN UP 13.1 Clean all new materials and areas of work to the satisfaction of the Contract Supervisor. 13.2 The contractor is responsible for recycling all recyclable material as per applicable legislation. 14.0 UNDERGROUND SERVICES 14.1 The Contractor is responsible for the protection of all pipes, ducts, cables, conduits, wires and other services against damage arising from the execution of the work during the contract period. 17 THE CORPORATION OF THE TOWN OF TILLSONBURG PAYMENT AND WARRANTY 1.0 PAYMENT AND HOLDBACKS 1.1. For the purposes of the Construction Lien Act, 1983, the Payment Certifier shall be the Owner, or any person the Owner may designate from time to time as required by the Construction Lien Act, 1983, it shall: a. determine and certify substantial performance. b. determine completion. 1.2 The Owner will make payments to the Contractor as follows; a. 90% of the invoiced amount submitted by the contractor to the Owner prior to substantial performance and not more frequently than monthly for completed portions of the work and services performed to the satisfaction of the Payment Certifier. b. 10% of the amounts invoiced prior to substantial performance and held back pursuant to the Construction Lien Act, 1983, and the work and services performed are to the satisfaction of the Payment Certifier. c. Any further amount due under this contract upon completion of the Contract to the satisfaction of the Payment Certifier, subject to any hold back for deficiencies and as required by the Construction Lien Act 1983. d. The Contractor, shall, where applicable, obtain an inspection certificate for any installation which is part of the Work from the Federal, Provincial or Municipal Authority responsible for the issuance thereof and the Contractor shall obtain and deliver such certification to the Owner prior to receiving final payment. W. 2.0 APPLICATIONS FOR PAYMENT 2.1 Applications for payment on account may be made monthly as the work progresses and submitted to The Corporation of the Town of Tillsonburg. 2.2 Applications for payment should be dated the last day of the agreed monthly payment period and the amount claimed will be the value, proportionate to the amount of the Contract, of work performed and products delivered to the site at that date. 2.3 Cost of the Goods & Services Tax (GST) must be shown separately on all invoices. 3.0 NO ADDITIONAL PAYMENTS FOR INCREASED COSTS 3.1 The amount payable to the Contractor under the Contract will not be increased or decreased by reason of any increase or decrease in the cost of the work brought about by any increase or decrease in the cost of plant equipment, labour, materials or wage rates. 4.0 DEDUCTIONS FOR UNCORRECTED WORK 5.1 If, in the opinion of the Payment Certifier, it is not expedient to correct defective work, or for work not done in accordance with the Contract Documents, the Owner may deduct from the Contract Price the difference in value between the work done and that called for by the Contract. r Mel THE CORPORATION OF THE TOWN OF TILLSONBURG December 2002 ROOF REPLACEMENT TILLSONBURG PUBLIC LIBRARY: SCOPE OF WORK: ROOF I Reference attached procedural specifications and drawings for details. 1.0 Areas 1, l .l Remove all existing roofing in the designated areas and discard. 1.2 Install new wood blocking, cant strips and roof equipment supports as required or specified. 1.3 Install new 2 ply 151b. felt vapour retarder. 1.4 Install new insulation of 1.50" of polyisocyanurate and .50" of rigid fibreboard. 1.5 Install water cut offs at tie-ins to existing roofs and nightly temporary cut offs. 1.6 Install or fill pitch pockets as required. 1.7 Install new drain inserts. 1.8 Install 2 ply glass felt in hot asphalt. 1.9 InstalI two plies of the specified polyester membrane in hot asphalt. l .10 Remove and discard all perimeter metal on roof areas. Install new perimeter metal detail. Size, colour and configuration to be one piece and to match existing. Y 20 1.11 If required install new ice and water shield on all perimeter parapet walls. 1.12 Install flashing reinforcing at all perimeters, control / expansion joints and projections. If required, all A/C units to be lifted and reinstalled on new supports mounted directly to the deck surface and other units to be lifted to facilitate all flashing work. 1.13 Remove any redundant air vents as directed by The Corporation of the Town of Tillsonburg. 1.14 Install new 26 ga. galvanized counter flashing with preformed relet at all higher walls and parapets. Colour to match existing. 1.15 Install new flood coat of hot asphalt and new gravel cover. 1.16 All areas around drains to be sumped in place using 1 " fibreboard in a total square footage of not less then nine square feet. 1.17 Install new spun aluminium plumbing vent sleeves as required. Install a torch applied SBS modified base sheet as specified herein. 21 THE CORPORATION OF THE TOWN OF TILLSONBURG MEMBRANE ROOFING INSTALLATION Part 1 - GENERAL 1.0 STANDARDS 1.1 Complete all work in accordance with CRCA roofing specifications Manual and roofing manufacturer' instructions. 1.2 DELIVERY AND STORAGE a. Deliver material in original rolls, packages and containers. b. Protect site stored insulation and roofing felts, on skids clear of ground with suitable covering. Wet or damaged materials are not acceptable for use. Replacement will be at contractor's expense. 1.3 PRECAUTIONS a. Roofing shall not be carried out when the roof surface is damp, when the ambient air temperature is less than -18C, or if rain or snow is imminent. b. Apply each part of the roofing system only when surfaces are clean and dry. c. Protect all adjacent surfaces from roofing operations. d. Locate kettles, equipment and materials well away from the building in an area designated by the Contract Supervisor. e. Ensure that access to the roof area is restricted at all times to only those persons as authorized by the contractor, the representative of the manufacturer of the top modified bitumen membrane, and the designated representatives of The Corporation of the Town of Tillsonburg. f. At the end of each work day all equipment, tools, materials, and any debris is to be securely stored away to ensure that no unauthorized personnel shall have access to same. 22 1.4 SCHEDULING a. All aspects of the roofing operation shall follow in close sequence. b. No part of the operation shall be so far ahead of the succeeding part that the latter cannot be finished in that working day. 1.5 WORKMANSHIP a. Employ a competent foreman to supervise the work. b. Use only skilled trades people experienced in this type of work. 1.7 QUALITY CONTROL A) Roof systems manufacturer. The supplier of the water proofing membrane shall have qualified personnel on site to carry out periodic inspections on behalf of The Corporation of the Town of Tillsonburg. B) In addition to the foregoing the supplier of the water proofing membrane shall all also be prepared and qualified to offer the services to the owner as described under appendix A. 2.0 MATERIALS 2.1 Asphalt employed shall be Type III CAN/CSA A 123.4 - M79. 2.2 Roofing felts employed shall be HPR glass felts Type IV conforming to CAN/CGSB 37-GP- 64M and ASTM D-2178. 2.3 All lumber shall be pressured treated spruce, S4S with maximum 19% moisture content, to CSA Standard 0140-70 and NLGA grading rules for Canadian Lumber (1984). 2.4 Modified bitumen membrane shall be an 80 mil thick modified SBS/SIS membrane with an inter woven polyester/fibreglass scrim and must conform to all of the following levels of performance criteria. • It shall be high strength, ultra violet resistant membrane designed for use as the top waterproofing and reinforcement layer of the built-up roofing system being assembled over two plies of ASTM D2178 compliant Fibreglass Felts. 23 The membrane thickness shall be at least 80 mils and 135 for mineral surfaced membranes. • The membrane reinforcement shall be constituted of a dual polyester/fibreglass construction, assembled in such a way to permit both layers to become intimately entangled avoiding heat induced delamination or distortion. In addition to mechanical bondagebetween the fibreglass and polyester layers, the reinforcement shall be saturated with at least one layer of adhesive to provide extra bondage between its different components. The modified asphalt compound shall be Formulated with a mix of SBS (Styrene-Butadiene- Styrene) and SIS (Styrene -Isoprene -Styrene) polymers to promote extended service life under extreme outdoor conditions. The minimum percentage of SBS-SIS polymers shall be 22%. Typical physical properties shall be as follows: Modified Rubber Component Softening Point (ASTM D-36) ................... 237 F Penetration (ASTM D-5) ........................ 17/10 mm Flash Point (Open Cup) ........................ 440 F Finished Membrane Tensile Strength (ASTM D-2523, D-5147) 77 F; 2 in/min Machine Direction ............................... 360 lb Cross Machine Direction ........................ 420 lb Elongation at maximum tensile (ASTM D-2523, D-5147) 77 F; 2 in/min Machine Direction ............................... 8.5 % Cross Machine Direction ......................... 7.5 ova Tear Strength @ 77 F (ASTM D-4073) Machine Direction ............................... 560 lb Cross Machine Direction ......................... 815 lb Low Temperature Flexibility (ASTM D-5147, ARMA MB-09) .................••.... passes - 40 F Loss of strength on heating @ 175 F .............. negligible Nominal Thickness (mils) ........................ 80 mils min Moisture Content (ASTM D-5147) .................. 0.03 % max. Compound stability (ASTM D-5147) ................ passes 200 F Dimensional stability (ASTM D-5147) ............. Less that 0.5% 24 2.5 Reinforced polyester membrane shall be Polyscrim Plus as supplied by Garland Canada Inc. 2.6 Sealant employed shall be a two part terpolymer. 2.7 If required plumbing vent covers shall be of the spun aluminum type with pre bonded SBS membrane. 2.8 Required wood blocking or supports shall be pressure treated wood. 2.9 Polyisocyanurate insulation shall be 1.50" as supplied by Excel] Therm Canada or approved equal. 2.10 Fibreboard insulation shall be .50" wood fibreboard asphalt coated on one side only as supplied by Excel] Therm Canada or approved equal. 2.10 Vapour retarder shall be two plies of 151b. Organic felts. 2.11 Nails employed shall be 3/8" head diameter roofing nails to CAN/CSA BIII - 74 Table 12 galvanized steel or aluminum. 2.12 Asphalt based roofing mastic shall be Flashing Bond as supplied by Garland Canada Inc. 2.13 Reinforcing for flashings etc. shall be as per paragraph 2.4a. 2.14 Aluminizer shall be Garla Brite as supplied by Garland Canada or approved alternative. 2.15 All metal counter flashings, caps, etc. shall be 26 ga. galvanized pre painted with interlocking seams. Metal shall conforrn to CGSB Standard 93-GP-3m, Class FIS. 2.16 Stack guard flashings shall be spun aluminum with a factory attached SBS modified membrane as supplied by Garland Canada Inc. 3.0 ACCESSORIES a. Cleats (hook strips); of same material, thickness and temper as metal flashings, continuous in length. 25 b. Fasteners; of material compatible with sheet metal, to CSA Standard Bill - 74, ring thread, flat head roofing nails of length and thickness suitable for metal flashing application. c. Washers; of material compatible with sheet metal fasteners, I mm thick with rubber packings. d. Touch-up paint; as recommended by manufacturer. 4.0 EXECUTION 4.1 Remove only as much roofing down to the roof deck as can be completed in one working day and discard. This shall include perimeter metal. 4.2 Remove or lift curb mounted units and set aside for reinstallation. All disconnections and reinstallation of these units shall be the responsibility of the The Corporation for the Town of Tillsonburg. All such disconnections and reinstallations shall be coordinated with the contract supervisor for The Corporation for the Town of Tillsonburg. 4.3 Spud to a clean smooth surface adjacent roofing surfaces to provide a good tie in base at the end of the working day. 4.4 Sweep the deck free of all dust, dirt and debris. 4.5 Examine the deck for any deficiencies. Should major problems be apparent immediately contact the representative of The Corporation of the Town of Tillsonburg. 4.6 Remove any damaged or unsound cant strips and discard. 4.7 Remove and discard unused roof top equipment as designated by The Corporation for the Town of Tillsonburg, or its designated representative. 4.8 Install new wood blocking where required. Install new gravel stop flashings as required. Pack all voids with closed cell joint backing or polyurethane foam. 4.9 To the surface of the deck apply a full mopping of hot asphalt and immediately place into full contact the specified 2 ply vapour retarder. 4.10 To the surface of the vapour retarder apply a coating of the specified asphalt at a rate of 15- 20 lbs. per 100 square feet and install a panel of the appropriate insulation. Continue in this fashion until the insulation for that day is installed. All ends to be wrapped at perimeters and upstands. i 26 4.11 All joints in the insulation are to be staggered and all sections shall be in moderate contact. 4.12AII procedures for the insulation shall be in accordance with the manufacturers instructions. 4.13 Water cut offs shall be installed at tie ins to existing roof areas and nightly temporary tie ins provided. Both permanent and nightly cut offs to consist of two ply of 15 LB. felts set in a full mop of hot asphalt. The top ply shall extend 12" beyond the bottom ply. Temporary cut offs to cut at the roof membrane line and deck line and the felt discarded prior to the next days work. 5.0 MEMBRANE INSTALLATION: 5.1 Starting at the outside of the roof section to be completed, apply a full mopping of asphalt to the surface of the insulation and install an 18" wide starter strip of glass felt. Immediately install in like fashion a 36" wide strip fully overlapping the 18" wide section. To the surface of the installed glass felts install two plies of the specified polyester membrane in the same fashion. Mopping rate for the asphalt shall be 20 -25 lbs. per 100 sq. feet for the glass felts and 30-351bs. per 100 square feet for each ply of the polyester membrane. Continue in like fashion until the area is complete. Do not mop more than 10' to 12' in front of roll being installed. If temperature is below 45 F ensure that the mopping bucket is kept even with the point of application of the top membrane to ensure correct application temperature. Note; At parapet walls take the two plies of glass felts and two plies of the polyester membrane up to the top edge of the cant strip and cut off. Install the specified perimeter flashing reinforcement no less than 18" out onto the field of the roof and 18" above the top of the cant strip. To the top edge of the reinforcement membrane apply a liberal coating of roofing mastic. If required install a new ice and water shield at all parapet walls ensuring that the membrane extends a minimum of 2" to the outside surface of the wall. 6.0 DRAINS 6.1 Install new drain inserts on existing drains all areas. 6.2 All existing drains are to be lowered and sumped in place in an area of no less than 9 square feet surrounding the drain using no more than a one inch fibreboard. 27 7.0 FLASHINGS 7.1 Install new prepainted metal counter flashing with preformed reglet at all walls. 7.2 Install new prepainted metal counter flashing at all perimeters sized and colour to match existing 7.3 At all framed projections take the 1 st ply of Stressply PIus to a point even with the top of the wood framing and mechanically secure 4" o.c. 8.0 ROOF FINISH 8.1 To the completed roofs in all areas apply a top pour of asphalt at a rate of 50-55 lbs. per 100 square feet and immediately broadcast into place 400 lbs per 100 square feet clean roof gravel. 9.0 METAL DETAIL 9.1 Install all new metal detail in accordance with good sheet metal practices. Seal all open seams, joints etc. M APPENDIX A MODIFIED MEMBRANE SUPPLIER SERVICES 1. IDENTIFY ROOF NEEDS AND PROBLEMS 2. CONDUCT DETAILED VISUAL ROOF INSPECTION 3. PERFORM CORE SAMPLE ANALYSIS 4. SCHEDULE LABORATORY ANALYSIS (AS REQUIRED) 5. PROVIDE PHOTOGRAPHIC RECORD 6. DIRECT NON-DESTRUCTIVE MOISTURE DETECTION (WHEN NECESSARY) 7. PREPARE BLUEPRINT DRAWINGS (AS REQUIRED) 8. REVIEW ACCUMULATED CUSTOMER DATA (AS BUILT/CONSTRUCTION SPECIFICATIONS) 9. SUBMIT DETAILED ROOF CONDITION REPORTS TO CUSTOMER 10. MAKE MAINTENANCE AND REPLACEMENT RECOMMENDATIONS 1 I . ASSIST IN ESTABLISHING PRIORITIES 12. PREPARE PLANNED ROOF MANAGEMENT PROGRAM 13. RECOMMEND SYSTEMS AND MATERIALS 14. WRITE DETAIL SPECIFICATIONS 15. ASSIST IN CONTRACTOR SELECTION 16. CONDUCT PRE -BID MEETING 17. CONDUCT PRE BID SIT MEETING 18. CONDUCT CONSTRUCTION PROGRESS INSPECTIONS TO INSURE COMPLIANCE WITH SPECIFICATIONS 19. CONDUCT FINAL INSPECTION. 20. ISSUE LONG-TERM GUARANTEE 21. CONDUCT ANNUAL FOLLOW-UP INSPECTION Dec-04-2092 02:28pm :roe-FLYNN CANADA - LONDON DIVISICK +5196915664 7 F— WORK DES9i.XP—QN Ti Isonburg Museum 1111sonburg, Ontario ;� • CA 1 �1 SITE MEN December 2J02 @ 10:00 AM T-619 P.002/003 F-911 CLO ING DATE December 4102 @ 12:00 Noon ALL WORK AS PM SPECMCA33ONS ISSUM ONTR-A ORS TO VERIFY ALI. nMMNSIQNS This tender is submitted by, Fum Nme: Address- 550 Sovereign Road Address: L.ondon. Ontario ' city Posml Code Telephone- 519-688-9011 F= 519-8424120 TO: Mr. L ry Fisher, Parks & Facility Manager TiBsonburg Community Centre 45 Hardy Ave. Tillsonburg, Ontario N4G 3W9 We Flyun Canada Of Agree to supply all vecessary labour, material, plain and services for the execution of the Work described above and in complete accord with the contract documents and procedural specifications for the stipulated sum of, Price 1 Roof Area 1. Price 2 Credit if Ice and Water Shield Not Required: S 3 50.00 Dec-04-2092 02:29m From-FLYNN COAM - LO O!. DIVI VON 1-9196615664 i-812 P 003/003 F-911 8 The fbnowing amounts of GST, AND PST, have NOT AM included in the stipubied prices (in reference to the above numbers); 1.GS? $2,055.20 PST $760.28 UST nGIST. NO G.S. r No 1318224 0002 Vwe expressly warrant that tb,e prices contained in anylour bid, whether as unit prices or lump sums are quoted in utmost good faith on my/our part without any collusive arrangement or agreement with any otheC person or partnership or corporation and that I/we are not party or pay to any deceit tending to mislead the Owner into awept ng my/our bid as a truly competitive offer. SCHEDULE I,Iwe ARII commence work within _ 15 calendar days of a contraci award and will complete all work within as per the contract vwrthin _ 12 calendar days of commencement. SPECIAL NOTES 1. All tender spaces must be completed on the Tender form. Errors, rors, uncompleted Tenders, unbalanced bidsi or additional data or pricing not requested shall !ender the Tender invalid. 2. Tenders sballlbe signcd by an authorized officer ofthe Corporation under the Tenderer's Corporate Seal if the Tcaderer is a partnership or an individual. 3. This Tender shall remain valid and irrevocable for 60 days from the closing date. Failure to complete this fbi n will cause disqualification. 14ame ofCompanv Flvr.n Signature of Company Officaal Date_ December 4, Q2�__ 0 WORK DF�CR1PT10N Tillsonburg !Museum Tillsonburg, Ontario TENDER FORM ROOT~ RF LACENIEN SITE MEEMn December 2/02 (u 10:00 AM CLOSING DATE• December 4/02 Q 12:00 Noon ALI , WORK AS PEP, SPFCTFICATi T . S XD CON MACTORS TO VERIFY ALL DRVWNSIONS This tender is submitted by; FirwName: Thomas Rooling London Ltd. T_ Address: 31 Muir ,Street ?address: London NSW 4B8 _ City Postal. Code Telephone:519-688-9011 Fax:519-842-4120 TO: Mr. Larry Fisher, Parks & Facility Manager Tillsonburg Community Centre 45 Hardy Ave. Tillsonburg, Ontario MG 3W9 WcFet:ear__ Thomas, of Thomas Roofing London Ltd. Agree to supply all necessary labour, material, plant and services for ft execution of the Work described above and in complete accord with the contract documents and procedural specifications for the stipulated sum of; Price 1 Roof Area l ._$ 2 a — Price 2 Credit if Ice And Water Shield Not Required: _1_385.00 , 8 The fonovAng amounts of GST, MND PST, have NOT BEEN included in the stipulated prices (in reference to the above numbers); I. GST S 2,013.90 PST A 865.00 GST REGIST. NO I/we c xpressly warrant that the prices contained in mylour bid, whether as unit prices or lump sums are quoted in utmost good faith on mylour part without any collusive arrangement or agreement with any other person or partnership Or corporation and that I/we are not party or pm'y to any deceit tending to mislead the Owner into accepting my/our bid as a truly competitive offer. SCHEDULE Uwe will commence work within 30 calendar days of a contract award and will complete all work within as per the contract within 7 calendar days of commencement. SPECIAL. NOTE 1 All tender spaces must be completed on the Tender form. Errors, uncompleted Tenders, unbalanced bids, or additional data or pricing not requested shall render the Tender invalid. 2. Tenders shall be signed by au authorized officer of the Corporation under the Tenderees Corporate Seal if the Tenderer is a partnership or an individual. 3. Thies Tender shah remain valid and irrevocable for 60 days f -orn the closing date. Failure to complete this form will cause disqualificaiion. Nameof.Company Thomas Roof'nQ London Ltd. Signature of Company Q facial r Date December 4. 2002 12-04-02 09:45 WORK DEC N TitIsonbuf9 Museum e— Tillsonburg, Ontaxio FENDER Fob ROOF REPLACEMENT SITE MEETING-. December 2/02 @ 10:00 AM ID= CLOSING DATE; December 4102 @ 12:00 Noon ALL WOgx AS pER PECIFICATIONS ISSIMD CONTRACT T VERIFY' ALL DIMENSIONS This tender is submitted by, Firm Name: Smith --Peat Roofing & Sheet Metal Ltd. Address: 152 Thames RD . W . Address: Exeter Ontario KOM 1S3 City Postal Code Telephope: 519-688-9011 Fax: 5 t9-942-4120 TO: W. Lary Fisher, Parks & Facility Manager Tillsonburg Community Centre 45 Hardy Ave. 'rllsonburg, Ontario N4G 3W9 • We Robert Watson of Smith Peat Roofing Sheet Metal Ltd. Agree to supply all necessary labour, material, plant and services for the execution of the Work described above and in complete accord with the contract documents and procedural specifications for the stipulated sum of. Price 1 Roof Area I.— $ 2 6, 9 9 9, 00 Price 2 Credit if Ice and Water Shield Not Requited: $ 2 7 5.00 P-92 s 12--94-92 99 :46 I D= P . 93 The following amounts of GST, AND PST, have NOT BEEN included in the stipulated prices (in reference to the above numbers), 1. GST 1,889.93 GST REGIST. NO _ 1 04R24 589 PST 590.00 Ilwe expressly warrant that the prices contained in my/our bid, whether as unit prices or lump sums are quoted in utmost good faith on mylour part without any collusive arrangement or agreement with any other person or partnership or corporation and that Uwe are not party or privy to any deceit tending to mislead the Owner into accepting my/our bid as a truly competitive offer. I/we will commence work within f iv e t s Z calendar days of a contract award and will complete all work within as per the contract within ten I o calendar days of commencement. PS EC1AL NOTES . All tender spaces must be completed on the Tender form. Errors, uncompleted Tenders, unbalanced bids, or additional data or pricing not requested shall render the Tender invalid. 2. Tenders shall be signed by an authorized officer of the Corporation under the Tenderer's Corporate Seal if the Tenderer is a partnership or an individual. 3. This Tender shall remain valid and irrevocable for 60 days from the closing date. Failure to complete this form will cause disqualification. Name of Company Smith —Peat; &&gjjshogg M ] Ltd . Signature of Company Official Date December 4 OUR FILE: The Corporation of the COUNTY OF OXFORD OFFICE OF COMMUNITY AND STATEGIC PLANNING Woodstock ON 32CDM-02001 CONDOMINIUM APPROVAL BY EXEMPTION TO: The Mayor and Members of Tillsonburg Town Council �rl*.,f01 Aspden Developments Inc. R.R. #2 Springfield ON NOL 2SO Phone: (519) 539-9800 Fax: (519) 537-3024 REPORT NO.: 2002-257 MEETING DATE: December 91h 2002 SOLICITOR: Jim Battin 25 Bidwell Street Tillsonburg, ON N4G 3T4 LOCATION: Town of Tillsonburg, Lots 1461, 1463 & 1464 and part of Lot 1456, Plan 500. located on the southwest corner of Bidwell Street and John Pound Road. COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule T-2 Town of Tillsonburg `Medium Density Residential Density Plan Residential' TOWN OF TILLSONBURG ZONING BY-LAw No.1994: Existing Zoning: Special `Residential Type 3 (R3-22)' APPLICATION REVIEW: (a) Proposal An application for draft condominium approval has been filed for a proposed residential development consisting of a 4 storey, 40 unit apartment building and 23 single detached dwellings. P.O. Box 397, Court House, Woodstock, Ontario N4S 7Y3 - planning@county. oxford. on.ca File No.: 32CDM-02001 Page 2 Report No. 2002-257 The Condominium Act allows for a number of different forms of condominium corporation, including standard condominiums, leasehold condominiums, vacant land condominiums, common elements condominiums and phased condominiums. In this case, the applicants are proposing a standard condominium corporation for the portion of the development comprising the 40 unit apartment building and a vacant land condominium corporation for the portion of the development comprising the 23 single detached dwellings. A vacant land condominium allows for the division of land into individual lots and may involve communal facilities, subject to the governing declarations, by-laws and management by a condominium corporation under the Condominium Act. The condominium corporation then has the authority to govern such issues as maintenance of buildings or units to established standards, sharing of expenses, building design and appearance, construction timing etc. It is our understanding that the applicant is proposing to register the vacant land condominium for the 23 single detached dwellings first, with the standard condominium corporation for the 40 unit apartment building to follow at a later date. Plate 1, Location Map, is an aerial photograph which indicates the location of the subject lands as well as the existing zoning in the immediate vicinity. The subject lands are located to the south of the Central Business District in the Town of Tillsonburg. The lands presently contain a temporary sales trailer and a model home. The westerly portion of the lands are treed, with a substantial portion of the properties below the floodline. Lands immediately to the north across Bidwell Street contain single detached dwellings, with Bidwell Street being a one -lane road accessing onto John Pound Road. There are single detached residential dwellings to the south on George Street. Lands to the west consist of floodplain associated with the creek valley, while the lands across John Pound Road to the east contain the old mill building which is being renovated into a restaurant and inn. Plate 2, Proposed Development, indicates the proposed condominium site plan for the subject lands, including the internal road pattern and the location of the single detached dwellings and apartment building. (b) Background This property was subject to previous applications for Official Plan Amendment (OP 11-63), Zone Change (ZON 7-287) and Site Plan Approval (TSPC 7-81). The Applications for Official Plan Amendment and Zone Change were approved by Oxford County Council and Town Council at their meetings of March 13th, 2002 and February 26th, 2002 respectively. SRI KEY PLAN sueccr sAREEI LAND SIDWELL J. 49 see, WROW14weseft Ir 23 In "Tift. co MIA A" apt 7.ft ci z Q LEI .......... Iwo 0 06%& eke NN ZZ jeewwamel:.. am ay. ------- - --- ftA A. 0,1554i 5,L-- lit I mpg SIM- Of9 - /ra W r / / � .� -.L. T �■y .w LE"" Cro t AWFASF CAMIAW Cr nwrw AIR Mc Ow M~ aft OR- One wk.? aLat WIN* We. 09 003'em O"M pq ft4x— dMIA.V4 War Sze" Mr&aFa4mg �Ift WWL Plate 2 - Proposed Development File No.: 32CDM-02001 Page 3 Report No. 2002-257 As well, Town Council approved the associated Site Plan applications at its meeting of June 21St, 2002 subject to a number of conditions. These conditions were subsequently addressed and the site plan, servicing plan, grading plan and landscape plan were stamped as final on November 51h, 2002. (c) Planning Review Applications for condominium approval can be dealt with in two ways. The first method involves a process similar to subdivision approval where the applicant receives conditional approval and upon satisfying the conditions of approval, the applicant applies for final approval for registration. Section 9(6) of the Condominium Act allows a second process where the approval of the condominium is exempt from the draft or conditional approval stage and proceeds directly to final approval. Condominium applications that are eligible for this exemption process includes: 1. A proposal that conforms to an approved Official Plan. 2. A proposal that conforms to existing zoning. 3. A proposal for a condominium plan covering property within a Registered Plan of Subdivision. 4. A proposal which the municipality has recommended by exempted. The rationale for the exemption process is that the proposal has already undergone a full planning evaluation and no further concerns or conditions of approval would be required from the municipality for the development. This application conforms to the policies in the Official Plan as well as the provisions of the R3-22 Zone. In addition, the property is subject to a registered site plan and site plan control agreement with the Town of Tillsonburg. (d) Agency Comments The application has been circulated to a number of agencies for comment. The Town's Manager of Engineering and Town's Chief Building Official indicated that all issues related to the development can be adequately addressed through the existing site plan agreement. At the time this report was prepared no other comments had been received. However, we are not aware of any concerns or objections to this application. (e) Summary It is the opinion of our Office that the request for exemption from the draft approval stage of the condominium approval process is acceptable. The development has already undergone a full planning evaluation and our office is not aware of 'any further conditions of approval which would be required from the municipality. i File No.: 32CDM-02001 RECOMMENDATION: Page 4 Report No. 2002-257 It is recommended that Tillsonburg Town Council advise Oxford County Council that it approve the exemption from condominium process for the application submitted by Aspden Developments Inc. for a 4 storey, 40 unit apartment building and 23 single detached dwellings, located in Lots 1461, 1463 & 1464 and part of Lot 1456, Plan 500 in the Town of Tillsonburg. Authored By: Original Signed By: "Paul Michiels" Paul Michiels Planner December 3`d, 2002 Approved By: "James Hill" James Hill, MCIP, RPP Manager of Community & Strategic Planning REPORT Town of Tillsonburg DATE: DECEMBER 3, 2002 TO: THE MAYOR AND MEMBERS OF COUNCIL FROM: DAVID MORRIS CAO/CLERK RE: DRAFT NOTIFICATION BY-LAW PURPOSE To recommend to Council a Draft By -Law to meet the new provisions of the Municipal Act requiring Notice as required to be given as prescribed by Council pursuant to Section 251 of the Municipal Act, 2001, S.O.2001, C. 25. DISCUSSION The new Municipal Act comes into effect January Is', 2003. Previously, the Act indicated in detail what form, manner and time specific notices were to be given where the legislation called for Notice. The new Act provides more flexibility in that it allows Council to determine what notice is to be given. The attached Draft By -Law has been prepared to give direction to staff as to Council's requirements for Notice. In particular, the new Act has a specific requirement for Notice to be given commencing 2003 for the purpose of giving Public Notice with respect to Budget Adoption and Amendments. RECOMMENDATION It is recommended that this report be received and the attached Draft By -Law prescribing the Form, Manner and Times for the Provision of Notice be enacted. Respectfully submitted D. C. Morris CAO/Clerk THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW # A BY-LAW TO PRESCRIBE THE FORM AND MANNER AND TIMES FOR THE PROVISION OF NOTICE WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 251 provides that where a municipality is required to give notice under a provision of this Act, the municipality shall give the notice in a form and in the manner and at the times that the council considers adequate to give reasonable notice under the provision; AND WHEREAS it is deemed advisable to set out the minimum notice requirements for those actions for which the notice requirements are not prescribed under the provisions of the Municipal Act or its regulations; NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts as follows: DEFINITIONS 1. In this by-law "Act" means the Municipal Act, 2001, S.O. 2001, c. 25 "Clerk" means the Clerk of the Town of Tillsonburg; "newspaper" means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers; "published" means published in a daily or weekly newspaper that, in the opinion of the clerk, has such circulation within the municipality as to provide reasonable notice to those affected thereby, and "publication" has a corresponding meaning; NOTICE OF INTENTION TO PASS BY-LAW — NOTICE OF PUBLIC MEETING Manner of Notice 2. Where notice of intention to pass a by-law or notice of a public meeting is required to be given, the Clerk shall cause such notice to be published in a newspaper. Time of Notice 3. Where notice of intention to pass a by-law or notice of a public meeting is required to be given, such notice shall be provided in the time frame prescribed in the Act or its regulations, and if not so prescribed, notice shall be given at least once during the fourteen days prior to the proposed action being taken. Form of Notice 4. Unless otherwise prescribed in the Act or its regulations, where notice of intention to pass a by-law or notice of a public meeting is required to be given, the form of the notice shall include the following information: (1) A description of the purpose of the meeting, or the purpose and effect of the proposed bylaw; (2) The date, time and location of the meeting; (3) Where the purpose of the meeting or proposed by-law is related to specific lands within the Town, a key map showing the affected lands; (4) The name and address of the person who will receive written comments on the issue which is the subject of the meeting and the deadline for receiving such comments. FINANCIAL Adoption of Annual Budget 5. The notice provisions set out in Sections 2, 3 and 4 shall apply to the adoption of the annual budget in total. Amendments to Budget 6. Where expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimated expenditure for that item, the approval process set out under the Town of Tillsonburg purchasing by-law shall apply, and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, with the notation "Amendment to Budget ", shall constitute sufficient notice. 7. New projects that have not been included in the annual budget shall be detailed in a staff report and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. Operating Costs Incurred Prior to Budget Approval 8. Normal operating costs incurred prior to the adoption of the annual budget shall not require notice, and approval of such expenditures shall be deemed ratified upon the adoption of the annual budgelmprovements to Service 9. Unless otherwise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the Town of Tillsonburg and its local boards; and barriers identified by the Town of Tillsonburg and its local boards to achieving improvements in the efficiency and effectiveness of the delivery of services by them, shall be published in the newspaper at the same time as prescribed in the Act for the publication of the Financial Statements of the Town of Tillsonburg. GENERAL 10. Where separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail. 11. No notice shall be required under this by-law, where the provision of notice will interfere with the ability of Council to conduct business with respect to a matter permitted for a closed session under Section 239 of the Act. 12. Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. EMERGENCY PROVISION 13. If a matter arises, which in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the Town of Tillsonburg, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the notice requirements of this by-law may be waived and the Clerk shall make his/her best efforts to provide as much notice as is reasonable under the circumstances. EFFECTIVE DATE 14. This by-law shall come into full force and effect on January 2, 2003. READ a first, second and third time and finally passed this day of , 2002. Mayor CA4/Clerk ' I / . • / / i�. 11 /• .il REPORT Town of Tillsonburg DATE: DECEMBER 03, 2002 TO: THE MAYOR AND MEMBERS OF COUNCIL FROM: DAVID MORRIS CAO/CLERK RE: 2003 BUSINESS PLANS AND FINANCIAL PLAN PURPOSE To Receive and Adopt 2003 Business Plans and Financial PIan for 2003. BACKGROUND On November 23rd, 2002 Council reviewed the 2003 Business Plans for all functions of the Corporation of the Town of Tillsonburg. During this review certain amendments were made as detailed in the attached summary. As a result, the 2003 Financial Plan Summary as attached has been prepared showing a requirement from taxation of $8,200,513 being an increase of 1.24% over 2002. RECOMMENDATION It is recommended that the following action take place: 1. That this report be received and that the 2003 Business Plans as amended according to the attached summaries be adopted. 2. That any surplus funds derived from cost savings or increases in Taxable Assessment in 2003 be Reserved for future Municipal Purposes. Respectfully submitted David Morris TOWN OF TILLSONBURG 2003 FINANCIAL PLAN Prepared: 12/6/2002 2003 Financial Plan initially presented to council: Adiustments made: Corporate Administration 2002 Projected surplus increased by County Roads recovery charge Corporate Administration 2002 Operating surplus reserved for future infrastructure projects Corporate Administration FMW Enterprise budget tool - missed annual mtce fee Corporate Administration Building Department Software - software budget removed from Building Dept missed being added to IT Budget (Hardware cost of $1,400 already included) Fleet Moved Floor Jack and Mist; equipment from Capital to operating budget Roads Use of the 2002 surplus reserve to fund 2003 Roads capital projects Roads County Roads recovery - missed in initial budget Other Adjustments: CRF Funding - Notice of 2003 Funding received Revised $ (247,000) Initial $ (172,005) $ (74,995) Revised $ Initial $ (247,000) $ 247,000 Revised $ 35,000 Initial $ 30,000 $ 5,000 Revised $ 12,000 Initial $ - $ 12,000 Revised $ 3,700 Initial $ 3,700 $ - Revised $ (247,000) Initial $ - $ (247,000) Revised $ (75,000) Initial $ - $ (75,000) $8,338,508 2 9d4°/d Revised $ (228,000) Initial $ (223,000) $ (5,000) $ (137,995) $ 8,200,513 1.240% 2003 Financial Plan Information 021204-As Changes to Financial Plan r,LM1, ,• REPORT Town of Tillsonburg DATE: December 4, 2002 TO: David C. Morris, CAO NO: 021204 reserve reallocations FROM: W. John Gott, CA, Senior Accountant RE: 2002 Year -End Reserve Reallocations PURPOSE To present 2002 year-end reserve adjustments for Council's consideration. BACKGROUND Reserve allocations, both contributions to and from reserves, were established and approved by Council at the time the Business Plans and Budgets were approved earlier in the year. However, some of the capital projects were not completed during the course of the year or came in under budget, and therefore it is suggested that the associated reserves remain in reserve for future use. Also, certain revenues that were required to be recognized on the 2001 financial statements contributing to a significant surplus are suggested to be transferred to reserves. Specifically, the pre-2000 Water and Sanitary Sewer surplus, and the amount available to reduced future OMERS contributions. Attached is a summary of the capital projects that were to be financed by reserve allocations as approved in the 2002 Budget. (2002 Budget) Also attached is a summary of the recommended allocations to and from reserves for 2002 based on the projected actual costs. (2002 Actual) The 2002 Actual spreadsheet shows a balance in reserve for the year-end of $4,294,470 compared to a budgeted year-end balance of $2,032,776. The significant increase is mainly due to the transfer of 2001 surplus items mentioned above, transfer of the increase due to assessment, and the projected 2002 operating surplus. Please refer to the attached spreadsheets for further comments describing the proposed allocations. Staff Report - 2 - 2002 Year End Reserve Reallocations December 4, 2002 RECOMMENDATION Since some of the capital projects approved in the 2002 Business Plan were not completed in the year or came in under budget, it is recommended that the reserves allocations associated with those projects remain in reserve for future use. Therefore, it is suggested that Council consider the following resolution: "THAT Staff Report 021204 regarding 2002 Year End Reserve Reallocations be received; AND THAT the reserve allocations for 2002 be approved as identified on the "2002 Actual" spreadsheet attached to the aforementioned Report " WIG 12/6/2002 RESERVE RECONCILIATION �999 2000 2002 BUDGET Transfrom ritf Contri butions 2002 ACTUAL Contributions a! _ , Trans 200;-'� 2003 BUDGET Contributions- ont Lr5TTrans from 1 2.663 Balance fi Balance BsEance To Jir*0'rn I Other Rif Balance 0 From . I Other Res Bslance'*� --,*-". f'­- -0rorn 0 otbe**'---,I--,- r Res BRIAnce 12 JlJil L-- 31.2 7 2,L29 2.327 4,153 q ,11482, 2,482 110. 1.!;or Admin. 816,031 1 6 50S.700 hi) 1 -T- 16�A-7 124)'� im 'I 103 (85.070) �l _p 140 DC 4.424 8.631 :.15,634 15,634 I5RCustom Service 200 �_Planping 600538 600,538 600.538 562.538 38.000 f A900i 600,538 562.538 2!q..l @Yi!dLn9... 1,900 11900 .090)1 1.900 .90 :1 0 1.900 220 76.000 118,350 118.350 I 18J50 (2.400 91 115.950 .1 0 22 �qLlice.-.DC.. 47 2 (2,537) 4.135 3,478 230 Fire .000 'fi"*0­00, 21.000 21,000 21,000 1 (10.000) 110 239...! FLre.- K 3076 6,974 6.974 230 210 Airport 165,446 165.44"6' 52, . I . S6 .. 31,962j 94.118 29.118 350 Library 6 974 11.9-6'-7"-' 1.560-_.!_._.._-•• 8,839 $.2to) ",706 56.706 356Libray •D 8.995 8.995 14.331 -(2-4-,000)" 23J26 ..(16.997) 65ii 360 Museum -108 48.108 34.337 10.337 20.600 30.337' (20,060 10.337 376 Tourism 400 Recreation H.9 -99 103.710 17.716 lq7,284 (122,000)1 3.000 . .. _ . . .. 216.6 1 07. , 294 219.611 ------ --- ---- (1.4.j. 600 I - 4 2.000 113.611 450- I . - -- 19.917 I - -- 1.214.1. . . ... .- - - . .- . - I I. I I . .. I ... Engineering J., • . ..... 560 1 Flcei' 128Z5 I (90.0in (38.235)1 263.36*6'.'j' ("g 0*. o(I.O.) _(38.235) (17?.366) 130.000 16,000 570 C 600 Cemetery 1 15,000 3W204 15.000 36,204 2 70.000 70.000 0 7.500)! 18,704 5.000 j t 7,500), 70,000 23.704 70,000 18 ' 704 610 Roads 1 294,558 .36.204 402,b65 200.000 i33.36 (20.925) 347 776 935.394 (Z3A,;Lkj) _t20,'.925). 1,083,1-70' 13 776 610 Z; --- be -- ..199.973 4- 181.548 36.232 1 34,507 40*90 0 1** * * 34.507 18 7.29 .57,787 1 Q9.000) 60,000 592) I - 12,294 58,706 40.000 96..2194.6 72.294 65 * - ' ' 242.638 I-- .... 247,298 *", , - 11 . , .,(100.000)1 8 1. (248 . - I L -095-990) 140 Working Capital Reserve 184.317 Tj­ 184.317 1 184.317 194,317 1.84.317 2.588,598 7,401.346 2,605,292 242.500 (817.101)[ 2,030.491 2,629,056 (98S.89 4,245,4$5 40,000.1 (1.959, -11) ZJ29,144 7 -i"ter DC 00'.1 7 2-W .7i� 11.999 . ..... . 'l 1*..499- 12.071 24,070 24.070 720 Sanit Sewer ary 326.298 • 720 Sanitary Sewer-. DC. 12,987 (9,714). (9,714) 3 1 21,945 21,945 7-7,9�-179-"-r- 1 17,117 2,607, _.J4 577 1 242,500 (817,301)1 2,032,776 1 2,672,786 1 (985,893)1 4,294,470 40,000 1 (1,91; 1 9,311) 1 2,375.15 Ll 021204 reserve allocations.xis - reserve continuity 2002 WJIG 1216/2002 RESERVE RECONCILIATION ACTUAL Contributions IQ Budgeted Savings/ t Deferred Items Other Contributions from Budgeted Savings/ Other Deferred Items , Trans from Other Res(&$ Dud Ned) 120 i BIA 1 4.153 1 OTHER: Contribution of operating SUrP103 to feU-fVt$ 6,432 140 CoFpAdmin iNi7r)ZSeiffil, ED.IEOWNeCi6r�i 125,756 740.17 Ontario amount (69.40D) BUDGETED- HR Mgmt Software ($12. 000); (49.124); Parka Shop Relocation (123.124). Summer Place I,234,103 not used S 113.756. HR Mgmt Software cost not !iocurred :Computer loan ($17.000); CONNECT Ontario Renovations (S25.000) S 12.000; OTHER: PrL,2000 Water Surplus IS149144 :(SI0.400) 2M San Sewer surplus $231,971. 140 :Corp Admin ast. 7,003 OTHER: development charges collected to date Ism 150 Cuslomerservite 38.00D DEFERRED: Zone plan review and Norfolk boundary (39.000) BUDGETED, Zone plan review and Norfolk MoLeqld!a cl! 210 Buildinj liotpa,­ 220 i Police - DC 4.427 1 OTHER: development charges collected to dale (2,537) D: Use of prior yeaes development 111A% $1562 :ocher itescollected—­ 23o Fire - DC - -- ------- 211.M Tso 'Airpon -Poi, 13.= 31,%2 NEWFEF515- Yam deferred ITnursformer installation deferred S4,000; Runway (I 05.50D) i BUDGETED. Pole Bam IS20.00D); Taxiway S4,110 ;restoration project excess reserved S7,962 (159.000)i Transformer insialmion (S4.D00); Main ;,unway storstion IS 15,000): Runway light conduit 2.5W 1W 5 9 BUDGET: reserve contribution 52.500. SAVINGS: (I3.000) -stnt W i BUDGETED; Renovation of Lobby :Lobby renovation costs projected to be underbudget by 1.000; OTHER: 2000 operating surplus reserved S79.896. Budgeted; Projected 2002 surplus of DC.- 14.331 OTHER: development charges collected to date 23,326 360 Museum BUDGETED: Replacement ­urCwW,__(S2_0.0_D0)_;_­ 39.337 01 00 j Recreation BUDGETED: Summer Place Renovations (S2S.000), 107.284 Parks Shop Relocation 123.124 S20.925 • S33.735, 219,611 ;Cowu costs reserved pending review of toaster plan 'Parks Shop relocation ($85.000); Top dresser Summer Place Renovations $25.000; Top Dresser i$25.000; deferral of Parks Shop relocation 1185.0D0; I(SI2.000) S4.5DO ;Summer Place elmovotions excess reserved S I 8.0DO: OTHER: Capital for Superbuild levied 7 surcharile on Arenausers S6,028, Receipt from Province re: 4'u TfOTE7 S60 Fleet I SAVINGSIDFFEWD: E;�es;;;VL "Wi (90.ODO) MT (590,000); (38,235) Parks shop relocation 4$33.733); Top Dresser 263.364 111),SSS; New Bucket truck body not to be delivered .(S4.500) un,il 2003 $137.909; Savings on Grader teplacerreplacementreserved 39,672. Sweeper purchased had different ;span than one budgeted resulting in savingr of Page I or 2 021204 reserve 8110cations.xIs . 2002 Actual Detail WIG 12161002 RESERVE RECONCILIATION Contributionsto Contributlens from Trans from 2002 Budgeted Savings/ Other Budgeted Savings I Other Other Res (as Ending Balance I Deferred Items Deferred Items budgeted) Line painter savings SI.922; Trackless MT Savings S 1.977: Brine tanks defered to 2001 S 16.000; Floor :Hoist savings S5.000: Diagnostic Equip Savings Conservation ---------- ------ 70,000 Cemetery 5.000 DEFERRED: Office renovations deferred to 2003 (17.500)1 BUDGETED: New road paving JS7.500): Office 23.704 Renovations I S5.000); Rt-rcrifutility shed (S5.000 1,0—j Roads j-200,000 r i 51.464 593,930 BUDGETED; Funffc Road reconstruction $200.ODO; (233.364): BUDGETED: Use of Land sale proceeds over 3 yean (20.925) Paris Shop Relocation 111,023.1170 SAVFNGSIDEFERUD: Ridge Blvd Erosion deferred ;(S40.000); Tronier Erosion (S 10.ODO); Ridge Blvd I S I 0.0DO; Gocirte St Retaining wall deferred S MOOD; i 'Erosion (SIO,000); George Si retaining wall Station Arts Caboose nor to cost municipality S7.500. a S I O.00D): Van Norman erosion (S 10.000): Station Art Coronation Pak Pod Bridge deferred $83.864; :=e (S7.500); Coronation Park Pod Bridge 1 !(183.864); Kamps Cr Sidewalks excess $7,627:4th Street & Kunp3 Cr Sidewalks 1116,000); thSt&CPR iCPR shortfall in prior year reserve available $6,300; ($ (0.000); PCB Removal MUDD). Concession St defer Traffic Signal control replacement 112000; Sidewalks (S 14.000) Concession Si sidewalks excess $5.973. t OTHER 6i R.930; i,,B-1 Roads - DC 57,787 •OTHER: development chugs collected to date (20,000). OTHER: Baldwin Place roadwork I 72.294 650 Puking BUDGETED: contribution to reserves 540,000; (100.00), (148,592) BUDGETED- Downtown lot patching ($20.000); Top 58.7" DEFERRED: $20.000 for deferral of downtown lot ;Lih Bid -ell Lou 035.000); Sciars Lot (S45.000); patching ;OTHER: Purchase of Broadway Oxford lot Workinuqa III Reserve 7- 1114.317 7-- i0-0 t Wz,9-76F--* 24,070 720 ewcf 720 j Sanitary Sewer - DC 31.659 OTHER: development charges collected iodate ZINS 1 242.500 794.4491 1.645.738 - 1317.391)! t 168.5921, 4.294.4701 Page 2 of 2 021204 reserve allocations.als -20D2 Actual Detail WJG 12/6/2002 RESERVE RECONCILIATION 2002 BUDGET Contrlbuflons� I Contrlbutlona { Trans from _. To From Other Rea Balance 120 BIA - j ._ .. _ _ 2,329 • 140 1 Co Admin ry _ ............... ! ! (69,4QQ)i + $40,400 for CLASS Software 512,000 for HR j (4$,124) (j23.124) to Parks Shop relocation, and 388,176 j •Mgmt Software -- $17.000 to offset new compute +{ ($21.000) to Summer Place renovations _.____.____—..__.._..-•----._.._._--•- 40 Cory Admin • DC ••-•-_—...._._.____..._...___....___._. _..._ I least costs _ _ ........ 8.631• 150 Customer Service 200 Planning (38.0 -0 Zone- plan review and Norfolk boundary I 562.539 210 Building la! lustment proteCl I- - l r ••__ __ _.—.__. 220 Police .I . I 8,900 11 _350 _. .. 220 1 Police • DC _ • _ ` (2.537)! ........_..,...... _ . I I ..... Ilse of prior year's development charges collecte� _ ...__...... .... . _ _ _ .. , 4,135 230 I Firo_. • _ _._ .. .... _.... _ _.._.. .._ . 21 000. 230 r Fire - DC 250 I Airport - - - - - (105 �OOII �._.. - .. Pole Barn (S20.OM); Taxiway ($59.000); ! _ ... -- •.. -- . _ —.. -- - — . 6.974 52.156 (Transformer insulation ($4,000); Main runway storation (S 15.000); Runway light conduit ' rrpfncemem �57,500) _ _ -- _ _ 350 ,', Library 2,50D _ _ _ Reserve for future capital protects ... +(1 c 000)� ........... _. _ _ Renovation of Lobby— _ .- _ _ --..__............__..._.-.--•- )1 350_• Library _DC_. 360 Museum r. (24.000)j Replacement of Carpct ($20.000), Chimney __—_ _ _ 8.9_95 -10.337 I - - - — 170 '. Tourism 400 r Recreation { 122.000) Summer Place Renovations (125,000); parks 107.284 Parks Shop Relocation S23.124 + $20.925 + 3.000 ,Shop relocation ($85.000); Top dresser (S12.000) $33.735. Summer Place Renovations S25.000; --.--.-_-.__ ..._....__. __. _..__..._ __._.—.--._—___.—•-- --. __..._. _._......__...._._........—._....---.__..__.._. _..._..__._ To11,esser$4,500_ _..__.._.. _- ----- 450 Transit -------- -- ---- ----.�_.. ._..._._ __. ._—__-.— --•---•----._....—_-------•---.. —.— — --- 350 Engineering„_.._.._.. _.........----._....._.._—..---__..---._._..__.._ 560 Fleet — __— — — -__,_ _(90.000) ~ - MT ($90.000);—.----.-- --__ �38 235?—.—_�- 570 Conservation _—_�— 70.000 600 Cemetery (17,500) New road paving (S7.500); Office Renovations 18,704 ($5.000); Re -roof utility shed (S5.000) 610 Roads 200,000 Rve for re futuroad reconstruction proje—m eser (233,364) Use of Land sate proceeds over 3 years (20.925) J47,776 (S40,000); Trottier Erosion ($10,000); Ridge Blvd Erosion ($10,000); George St retaining wall (S10.000)-. Van Norman erosion (S10,000); Station An Caboose ($7,500); Coronation Park Pea Bridge (S83,864); ---- — -- - --..-- ..—. •--•--��. — — •----- --- -- —•--•----- ---- •- ----•— Kamps Cr Sidewalks (516,000): 4th St 6t CPR ($10.000); PCB Removal ($22.000); Concession i 1St Sidewalks ($14,000) 610 Roads • DC 34,507 65Q Parking 40,000 Reserve for future lot capital costs (100,0001 Downtown lot patching ($20.000); Top Lift 187,298 Bidwell Lots Scan Lot ($45.000): --------------• 140_ Working Capital.Reservc ------- --__ -- ----------_..—..... I- -- .($35.000); �. !. I _....... _.._. .-...._.---- _�(8.... 700 726 Water• DC I• Sanitary 5ewa _ ........ __............- - - _.. �.._ .......... 11,999 720 (Sanitary, Sewer_ DC .• _• - • _ (9,714) 242 c00 1 917 301 i 1 2 032 776 021204 reserve ailocations,zls • 2002 Budget detail 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Reserves Analysis • .. . �• ��. t ' r �� '.1 Y - ', 1. S' 'r. Le. ! � t yi. t - i, � r• .4 .) , St r ", „1,+ ` ma's ! '�. { >} t � � l,su .sr fit•. , � , �2`��� fi� >♦�i Y-- -/ �ttL act ,' J � !1 � , .. �` .-, ,: � : •i �; �'id`s CtKft"%: Di. �. . `1.x�.'c?. F r,M, .. .�,� S'/ .,`k)+S l(� i 't 1 ��! J �:'.� :�7 ( ^{. 1 t7�• { `}^ p i ,.Y_,: 1 .Cr 1 A-io"t 7=hy�+t ���\ t ��•.ti-. Y :t \t <' .) L t ,1:( 2c g>Y �".�' i� ?'•1 �1� .A r k 1 "L°5 �f r?a.l:il Y:.1: { Y i 3� t `r l ',r:. ,: V7. \' i '• �.:' .:. .\. ,%� t � !L � 1 ' f .�. \'r ' r (: iTd ''� 1'tR � 1 t 2•� i { W '�c ♦ t'J i.• �-`i1 tt s 1 ✓ � � :+ .5�?t, L'r: � �Vt 1 ) r Y3� d ,�w +t 2y.t„ t t � �'l t t 7. 1 M11d NN Qo �`��- 40 �t� 4,�c`�`��5� 4R O 1999 Balance ® 2000 Balance O 2002 Balance 02003 Balance 1.._ .. _ __ .._,..___ REPORT Town of Tillsonburg DATE: DECEMBER 3, 2002 TO: THE MAYOR AND MEMBERS OF COUNCIL FROM: DAVID MORRIS CAO/CLERK RE: PURPOSE To recommend to Council an Action Plan to implement provision of Compensation Report of Personnel Management Associates under date of September 2002. HISTORY In 1999, Council adopted a Compensation Plan prepared by Allmat and Associates. One of the recommendations contained in that report related to a Review of the adopted Compensation Plan every 3 years. On this basis, the firm of Personnel Management Associates was retained to carry out a Pay Equity and Compensation Review of the existing Compensation Plan. This included bringing into the Plan positions previously employed by the former Tillsonburg PUC as well as employees previously covered by a CUPE Collective Agreement, which was decertified in 2001. DISCUSSION As part of the Review, a gender —neutral job evaluation was carried out resulting in the establishment of 19 grades that all jobs were slotted into based on their point totals. An appeal process was provided for during this process, which has resulted in some amendments being made by the Committee charged with carrying out the ranking. This has also resulted in the preparation of a pay equity report, which provides for necessary adjustments to "female jobs' based on legislative requirements. The developed salary grid also included an external Market -place comparison. The previous provision of a performance based "Bonus Plan" is proposed to be eliminated however movement between the Base Rate and Job Rate will be Performance based with Annual Reviews being carried out for all full time employees. RECOMMENDATION This report be received and the following actions be adopted pertaining to Report of Personnel Management Associates of September 2002: 1. The Salary Grid as shown as Appendix 6-A utilizing modified salary line be used for Compensation purposes for 2003 2. Pay equity calculations be adopted and Pay Equity Plan be posted January 1st, 2003. 3. Performance Reviews take place in December 2002 for all full time employees of the Town of Tillsonburg and in each subsequent December. 4. All full time hourly and salaried employees of the Town of Tillsonburg be placed on the Compensation Grid by applying 3% increase to salary or wage rate as of December 31", 2002(excluding any Bonus paid in 2002) or at Base, whichever is greater effective January Is', 2003. 5. That the following personnel changes be adopted: ➢ Airport Manager position be recognized as a full time vs a contract position ➢ Works Foreperson title be changed to Roads Manager ➢ Revenue Officer be changed to Revenue Manager Respectfully submitted D. C. Morris CAO/Clerk REPORT Town of Tillsonburg DATE: DECEMBER 3, 2002 TO: THE MAYOR AND MEMBERS OF COUNCIL . FROM: DAVID MORRIS CAO/CLERK RE: FEES FOR SERVICES, PERMITS, AND APPLICATIONS PURPOSE To bring forward a Recommendation for a By -Law to Adopt a Schedule of Fees for Municipal Services, Permits and Applications. HISTORY The Town of Tillsonburg last reviewed and amended its Schedule of Fees in 1997. Since then, The Tillsonburg, Parks, Community Centre and Recreation Commission as well as the Tillsonburg Public Utility Commission have been converged into the operation of the Town of Tillsonburg DISCUSSION The new Municipal Act comes into force January is', 2003 and provides that municipalities make available to the public a list indicating which services and activities will be subject to fees an charges and the amount of each fee or charge. RECOMMENDATION That this report be received and the Draft By -Law attached be enacted. Respectfully submitted David Morris CAO/Clerk Town of Tillsonburg Miscellaneous Charge Listing Item Price GST Unit Proposal Justification for Change Affadavits $10.00 none each Agricultural Land Rental Airport Ball Ca $12.00 INC. GST each Airport Fanny Pack $10.00 INC. GST each Bag Tag $1.00 none each Blue Box $7.00 none each Building Permit Fee a)$25.00 for first $1000.00: b)$5.00 for each additional $1000.00 none each Building -Catholic School Board Fee $250.00 none each Building-Tillsonburg Le $1,458.00 none per SFD Cat Licence - Complete $20.00 none each Cat Licence - Complete New Licence $17.00 none each Cat Licence - Spayed Neutered $15.00 none each Cat Licence - Spayed Neutered - New Licence $12.00 none each Cat Licence -Replacement Tag $3.00 none each Cemetery Care Marker $50.00 + GST each Cemetery Care Monument $100.00 + GST each Cemetery Care Monument $200.00 + GST each Cemetery Cement Work + GST Cemetery Columbarium $825.00 + GST each Cemetery Columbarium $895.00 + GST each Cemete Colun Niche $700.00 + GST each Cemetery Cremains Saturday Surcharge $50.00 + GST each Cemetery Metal or concrete Vault $100.00 + GST each Cemetery Overtime Burials S150.00 + GST each Cemetery Perpetual Care Colum $125.00 + GST each Cemetery Perpetual Care Colum $150.00 + GST each Cemetery Perpetual Care Colum $160.00 + GST each Cemetery Perpetual Care Cremation $100.00 + GST each Cemetery Perpetual Care Cremation $50.00 + GST each Cemetery Perpetual Care Plot $160.00 + GST each Cemetery Perpetual Care Plot $190.00 + GST each Cemetery Plot Saturday Surcharge $150.00 + GST each Cemetery Provincial Licence Fee $10.00 none each Cemetery Removal and Re -interment $600.00 + GST each Cemetery Removal and Re -interment $800.00 + GST each Cemetery Stat Holiday Burial $200.00 + GST each Cemetery Transfers $25.00 + GST each CemeteEy Veterans Standing Monument $175.00 + GST each Cemetery Winter Opening $50.00 + GST each Cemetery -Burial Openings Cremation $100.00 + GST each Cemetery -Burial Openings Cremation $150.00 + GST each Cemetery -Burial Openings Cremation $70.00 + GST each Cemetery -Burial Openings Cremation $75.00 + GST each Cemetery -Burial Openings Plot $140.00 + GST each Cemetery -Burial Openings Plot $225.00 + GST each .Cemetery -Burial Openings Plot $300.00 + GST each Cemete -Burial Openings Plot $350.00 + GST each Town of Tillsonburg Miscellaneous Charge Listing Item Price GST Unit Proposal Justification for Change Cemetery -Burial openings Plot $475.00 + GST each Cemetery -Grave Sale Cremations $150.00 + GST each Cemetery -Grave Sale Plot $240.00 + GST each Cemetery -Grave Sale Plot $285.00 + GST each Certificate Re uest-En ineenn $30.00 none each Certificate Requests -Building $30.00 none each Certificate Requests -Subdivision $30.00 none each Certificate Requests -Tax $30.00 none each Certificate Requests -Utility $0.00 none each $30.00 Should be same as other charges to cover time and materials. Certificate Requests -Zoning $30.00 none each CSC Photocopies Double Sided $0.20 + GST each Should be standard across munici atilt CSC Photocopies Single Sided $0.10 + GST each Should be standard across municipalilty CSC Postage Regular $0.48 + GST each Design Criteria By-law Deposit Add Lot $500.00 none each Design Criteria By-law Deposit First Lot $1,200.00 none each Dog Licence - Complete $20.00 none each Dog Licence - Complete New Licence $17.00 none each Dog Licence - Neutered/Spayed $15.00 none each Dog Licence - Neutered/Spayed - New Licence $12.00 none each Dog Licence - Replacement $3.00 none each Fire Report Co $50.00 none each Fire Search for Outstanding orders $50.00 none each Fire Inspection - Li our Licence $50.00 hour plus$50.00 Report none each Minimum $100 After Hours Inspection $100.00 hour none each new Fire Recharging SCBA Cylinders $5.00 tank - Fire 310-others Annual Contract $300 none each Fire Preventaibe False Alarms $250.00 for 3rd alarm/yr +$50. For each additional per calendar year none each Fire Industrial Training $75.00 hour after 2 hours none Fire -Spills and Hazordous Materials Incidents $150.00 hour/truck plus $20.00 hour/person none $20.00/ hr/ ers. Fire -Rental of Training Room $50.00 hour lus$50.00 Report none each Fire- Carbon Monoxide Investigation -Quick Res . no charge Fire -Carbon Monoxide Investigation -Complete $100.00 none each Fire Watch $40.00 hrlper person Industrial Directory $5.00 none each Licence - Bazaar -Bingo 2% none each Licence - Bingo 2% up to $5500.00 none each Licence- Bazaar - Raffle 3% max $5000.00 none each Licence-50150 Raffle 3%; $10.00 minimum none each 3%;minimum $25.00 Minimum $10.00 does not cover administration costs and time Town of Tillsonburg Miscellaneous Charge Listing Item Price GST Unit Proposal Justification for Change Licence -Bazaar $10/wheel 3 wheels max none each Licence -Nevada at Other Location 3% none each Licence -Nevada at Own Location 2% none each Licence -Raffle 3% minimum $10.00 none each Mminimum $25.00 Minimum $10.00 does not cover administration costs and time Licence -Special Sales $1.00 per $1000.00 none each Licence -Marriage $75.00 none each $100.00 Licence costs $55.00 plus time and material Licence -Home Occupation $100.00 none each Licence -Kennel $25.00 none yearly Licence -New Business $100.00 none each Licence -Pawnbroker New $160.00 none each Licence -Pawnbroker Renewal $60.00 none yearly Licence -Pawnbroker Secudty Deposit Refundable $2,000.00 none each Licence -Sales Person $200.00 none yearl Maps Aerial Photo County $30.00 + GST each Maps County Roads $4.00 + GST each Maps Zoning Color Large County $30.00 + GST each Maps Zoning Color Small County $25.00 + GST each Maps/Copies Engineering Single $3.50 + GST each $5.00 Minor Variance Application $250.00 none each Out of Town Deaths $10.00 none each Parking -prohibited Area $20.00 none each Parking -No Parkin 2am-7am $20.00 none each Parking -over 2 hours $10.00 none each Parkin -In Loading Zone $20.00 none each Parking -Double Parking $20.00 none each Parking -Near Fire Hydrant $20.00 none each Parking -Wrong side of road $20.00 none each Parking -Too close to corner $20.00 none each Parking -Too far from curb $20.00 none each Parking -obstructing driveway $20.00 none each Parking -obstructing traffic $20.00 none each Parking -in bus zone $20.00 none each Parking-Parking/Standing in fire route $50.00 none each Parking -in disabled parking space $100.00 none each Plumbing Permit Fee a)$25.00 first fixture b)$5.00 per fixture none each Police -Accident Photos/Video $40.00 none each Police -Alarm Monitor none each Police -Bike Licence Fee $5.00 none each Police -Dispatch fee none each Police -Escort Fees none each Police -Fingerprints $25.00 INC. GST each Police -Licence Transfer $15.00 INC. GST each Police -Limousine Owner Licence $100.00 INC. GST yearly Police -Limousine Drivers Licence $25.00 INC. GST each Police -Limousine Renewal $15.00 INC. GST yearly Town of Tillsonburg Miscellaneous Charge Listing Item Price GST Unit Proposal Justification for Change Police -Limousine Vehicle Licence $35.00 INC. GST each Police -Occur Report $40.00 none each Police -Security Checks $25.00 none each Police -Taxi Cab Owner Stand $125.00 INC. GST yearly Police -Taxi Cab Drivers Licence $25.00 INC. GST each Police -Taxi Cab Renewal $15.00 INC. GST yearly Police -Taxi Cab Vehicle Licence $35.00 INC. GST each Police -Technical Traffic Collision $500.00 + GST each Police -Witness Fees each Rain Barrel $55.00 INC. GST each Site Plan Application $225.00 none each Tax Re istration Service Costs each $750.00 Town Devel Fee Apt $59.00 none each Town Devel Fee Apt > 1 $74.00 none each Town Devel Fee Fire > 1 $65.00 none each Town Devel Fee Fire Apt $52.00 none each ' Town Devel Fee Fire Row $91.00 none each Town Devel Fee Fire SFD $101.00 none each Town Devel Fee Libra > 1 $152.00 none each Town Devel Fee Libra Apt $121.00 none each Town Devel Fee Libra Row $212.00 none each Town Devel Fee Libra SFD $236.00 none each Town Devel Fee Police > 1 $47.00 none each Town Devel Fee Police Apt $38.00 none each Town Devel Fee Police Row $66.00 none each Town Devel Fee Police SFD $73.00 none each Town Devel Fee Roads > 1 $603.00 none each Town Devel Fee Roads Apt $482.00 none each Town Devel Fee Roads Row $843.00 none each Town Devel Fee Roads SFD $934.00 none each Town Devel Fee Row $104.00 none each Town Devel Fee SFD $114.00 none each Town Fla 72" x 36" $100.00 INC. GST each $125.00 To recover costs - currently selling below cost Utility -Account Set Up Fee $10.00 + GST each Can only be adjusted through the OEB Utility -Special Meter Reading $10.00 + GST each Utility -After Hour Reconnect $27.25 + GST each Utility -During Hours Reconnect $15.00 + GST each Utility NSF Cheque Fee $8.40 none each Should be standard across municipality Utility -Generator 100 W 122/208 $300.00 + GST perday Utility -Generator 125 W 347/600 $400.00 + GST perday Utility -Interval Meter $1.100.00 + GST each Reviewed by Hydro Board Utility -Labour $40.10 + GST per hour Utility -Miscellaneous Materials Mark Up 25% + GST percentage Utility -Pole Rental - 30 ft $1.50 + GST month Utility -Pole Rental - 35 ft $2.25 + GST month Utili -Sentinal Light Rental - 150 W $3.70 + GST month $3.75 Consistency of rates with bulb size - compared with other municipalities Utili Sentinal Light Rental - 175 W $3.35 + GST month $3.75 Utili -Sentinal Light Rental - 250 W $7.00 + GST month $4.00 Utilit -Sentinal Light Rental - 400 W $3.70 + GST month $4.00 Utilit -Sentinal Light Rental - 70 W $3.35 + GST month $3.50 Town of Tillsonburg Miscellaneous Charge Listing Item Price GST Unit Proposal Justification for Change Utility -Sewer Camera Job flat rate/job) $50.00 + GST flat rate Utility -Truck Charges - #20 $6.00 + GST hour Utility -Truck Charges - #26 $6.00 + GST hour Utility -Truck Charges - #28 $7.00 + GST hour Utility -Truck Charges - #29 $6.00 + GST hour Utility -Truck Charges - #30 $7.00 + GST hour Utility -Truck Charges - #41 $8.00 + GST hour Utility -Truck Charges - #44 $8.00 + GST hour Utility -Truck Charges - #65 $31.65 + GST hour Utility -Truck Charges - #66 $31.65 + GST hour Utility -Truck Charges - 967 $32.37 + GST hour Utility -Truck Charges - #86 $28.48 + GST hour Utility -Water Heater Rental - 40 gal. $3.50 + GST month $6.25 At present costs exceed rental rates recovered. These increases will ensure no loss on sale. Utility -Water Heater Rental - 60 gal $3.75 + GST month $7.25 Water Permit Non -Metered Condo $10.00 + GST each Water Permit Non -Metered Residential $25.00 + GST each Water Violation $75.00 none each Zone Change Application $500.00 none each THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. A By -Law to adopt a Schedule of Fess for certain Municipal applications, services and permits. WHEREAS it is necessary and expedient to establish a Schedule of Fees for certain Municipal applications, services and permits NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts as follows: 1. That Schedule "A" to this By -Law is adopted as the Schedule of Fees for certain Municipal applications services and permits listed therein. 2. That the Fees listed in Schedule "A" may be increased yearly by the annual Consumer Price Index by Resolution of Council. 3. Should the provisions of any other By -Law of the Town of Tillsonburg or other document purporting to set the Fees listed in Schedule "A" be in conflict with the provisions of this By -Law, the provisions of this By -Law shall prevail. 4. That Schedule "A" to this by-law forms part of this by-law as if written herein. 5. This By -Law shall come into full force and effect on December 31 S', 2002. READ a first, second and third time, passed, signed, sealed and numbered this 9'h day of December 2002. Mayor Clerk To /Town of Tillsonbarg Froa Karen Baker 6 Associates Inc. 12/03/02 7:24pa p. 1 of.16 The Canadian National Institute to for the Blind Ontario Division Unstitut national j canadlen pour { ' . Division de velOrtWb 1929 6ayview Avenue Honormy Patron: I rile }Eonnurabte Jaffm K. Barttetnan Toronto, Ontario l tmap-narri Gtrvmor of Ontario Canada M4G 358 (416 486 2500 ) Patron d' Q Jwncr L7unareble Jamcn K. 13attteman Fax: (416) 480-7503 Lieutenant o0vvemeur de r(M1360 www.cnib.ca RECEIVED DEC..' 4 2QQ7,.._ .---... ----- - __ OW December 3, 2002 To Whom It May Concern: As per the requirements of the Alcohol and Gaming Commission of Ontario, this is to notify you that The Canadian Nationall Institute for the Blind, Ontario Division has been issued Lottery Licence Number P022521, to conduct a province wide charitable raffle. One hundred and five thousand (105,000) tickets at $10o each will be offered for sale to the public commencing January 13. 2003. There will be 10,097 prizes awarded worth over $5.055 million. An early bird draw will be held April 28 2003, with the Grand Prize Draws taking place on April 18, 2003. Tickets will be available through toll -free telephone orders or mailed applications. A media campaign will be executed province -wide and will include newspaper, television, radio and brochure drops via Canada Post. Ticket applications will be included in the brochures. One or all of these forms of advertising will reach your municipal district. Any inquiries may be directed to Dan Horvath at (41 fi) 480-8687. Thank you for your support and co-operation with this lottery. Y truly, aron Flashford, CPRE Director, Marketing and Communications The Canadian National Institute for the Blind, Ontario Division We provide servi= to people who are Wind. visually imiusirled. and dealbEM to enhance ftir independunco. Nous tourrftsons Aux persunnes mugles. tsuidicAoies visucacs nrt sourdes avouctles des wrvrcas rtui viserlt d',,%=oitre lour autoncxnia. .v �.v.•N • ••�•YV.WV� � ��%' � � �t'IenIIS31pfl akOolS et fK0 leux �nCd 0111mio do rorfario &L%M anLGu UGAGL 0 A„W6106Cb AIR.. Zu«Vry Licence Licence de loterle CANADIAN NATIONAL 1ti'STZTUTE FOR THE. lciuJ/UC r:Cspa P. C oI to Po22s21 $LYND - VAMNARIO DIVISION GIN #: CNCO070 1929 SAYVIEW AVENUE TORONTO, ONTARIO M4G 3E6 Total value of all prizes in any lottery conducted Undar this La valeur totale des Prix dune laterle arganis6e an vertu licence not to exceed $ 61055,146 in cash. de la presente licence ne doit pas exc6der 5 055 748 3 or merchandise or articles at g9ulvalent market value. en es es qu tug valeur dWivalenle en nature_ The licensee mast observe all terms and conaltIons of this L'Organisme autoris6 Clod se conformer a toutes les licence as agreed to in its application. modalitps dont I•l a cenvenu dans le demande de The conduct of this lottery scheme is restricted to the dates, licence. On doit conduire to lotede sebn les dates. hours and limits Specified on this Ileence. heures st llmites qui y sont lndiquees. UCENSEE IS IMMIRM TO ADHERE TO ALL REGULATIONS; TERMS & CONDITIONS- PAU TO THE ATTACHED ADDEM" TO THIS LICENSE. TWb RAFFM LOnUY COMtItISES OF ONE it) 'EARLY BIRD- DRAW WITH ONt? Ill 'PRIZE' DAAW; nN ItI 'FINAL' DRAW MT4 rtN INDUSAND AND MNFly FOUR1t0.0941 'PRIZE' DRAWS AND A 'GRAND PRIZE- DRAW DATE WITH TWO12I -PRIZE- MAWS.THME ARE A GRAND 70TAL OF UN THOUSAND AND MMJETY SEVEN (40,097I-PRIZE- DRAWS ON THIS LOTTSRY, SEE ADObNDUM FOR FULL DETAILS. Data v( fssuelDate 'de d6WMnoe •da tit r=rm November 21, 2002 Ftwww of Alcohol and 62mm0 ReOiatratetif ees atcoals et des jeux e013(98/o2) not TransferablelNon aessible To /Town of Tillsonburq From Karen Baker & Associates Inc. 12/03/02 7:24pm p. 3 of —old vo AkoW and Ganong CamrMsslon of OteWo 20 Dwoss Street Wog Toronto ON MSG 2N6 caauatssiun drs stools at des ima do ronwo 20, ► se t?endos Quest TWOMo ON MSG 7NG 1 7&phont:016)]16.0;9 or 1-M06 2.2976 F46sirailta (416) 376•1711 File: CNC 00700 ADDENDUM to and part of Raffle Lottery Licence F022521 dated November 21 t 2002. Its addition to the Raffle Licence Termc and Conditiont 6004A-B (DI/12), the following Additional Terms and Conditions apply to the above noted licence issued to the Canadian National Iusdtute for the Blind — Ontario division: 1. A financial report with respect to the said raffle lottery licenec 0022521 must be filed with The Alcohol and Gaming Commission of Ontario within thirty (30) days of the last draw. The report should be submitted on the prescribed form [LorteryReport 06347(99107)1 with additional attachments as necessary, including all appropriate invoices, roceipts and deposit slips. The report shall also include all payments made to Gaining Service Supplim/s. Please note that proceeds from this tottery cannot be utilized forpurposes other than as approved on the application. 2. The draw must be held on the date(s) specified on the licence and as below, r+cgwdlcn ofthe outcome of the raffle ticket selling campaign. Failure to hold a draw as specified is a breach of the terms and conditions of this licence. Amendra nts require fifteen (15) days written notice and may only be made if ticket sales have not begun. Early Bird draw : Wednesday, April 029 2003. Number vfdraws : One (1) "prize" draw. Time of draw : At 17.00 hours. Typc of draw : Stub draw. Venue of draw : Offices of HearingPbint LP 200 Consumers Road Suite 0 Soo Willowdale Ontario. M2 j 4R4. Final draws Commencing Tuesday, April 15, 2003 until completion on Thursday. April 17, 2003. Ntunber of draws : Ten Thousand and Nincty Four ( tom) -prize, draws. Time of draws : Commencing at 09.00 hours on each day. Type of draws : Stub draws. To i'fWn of Tillso nhnrg Antchol and Omi► g Comuedssic" of onudo 20 nurtdas Stria! V*.%, 76MAto ON MSG 2?& From Karen Baker b Associates Inc. CoWaWnion des a ow* ot ds% Wn de f•ort@rW 20. rue burro oUest Toronto ON MSG 2N6 2 12/03/02 7.24pm p. 4 of 10 File: CNC 0070. Sequence of draws : From prize of least value tq prize of highest value. Venue of draws : Offices of $earingpoint Lp 200 Consumers Road Suite # 500 Willowdalc Ontario. M214R4. "Grand Prize" draws: Friday, April 18, 2003. Number of draws : Two pyt pri2c" draws. Time of draws : Cornmencing at 13.00 hours. Type of draws : Stub draws. Venue of draws : Canwest Global Television 81 Barber Greene Road Toronto Ontario, M3C 2A2. OW 3. The use of any net proceeds of this event is as approved on your application. 4. The only authorized ticket numbers for rattle licence 0022521 are: 000001 to 105000 (inclusive). Price per ticket: CAN$100.00 (One Hundred Dollars each). 5. Only tickets thst have been paid for and/or bave been verified as paid for, stye eligible to be entered for the respective drawls. The lieensee is to ensure that this regnireMtDt is strictly adhered to. ti. Any changes in the ticket number will require the written approval of the Alcohol and Gaming Commission of Ontario. 7. The licence' cam'Ot utilize the services of an individual or a company to provide gaming services to a lottery unless the individual or company has a valid and current registration with The Alcohol and Gaming Commission Of Ontario to provide such services. The licencee is required to notify the Alcohol and Gaming Coinntission of Ontario, of the utilization of any Gaming Service Supplier, prior to the contraeting of such services, along with the signed agreements and a detail of the services being provided. This includes Telemarketing Services. Sub -contracting of Services for gaming related functions by fegistered Gaming Service Supplier/s are also bound by this requirement The use of the following Gaining Service Supplien are approved: a. Karen Bakcr & Associates Inc. (Reg.# 00095124). To /Town of Tillsonbnrg From Karen Baker 6 Associates Inc. 12/03/02 7:24pe p. S o*jd Akabol and Ca" COMMiseiun of or=gde 20 Mndn Sheet w*se Toronto ON MSG 2N6 Con► WAIDn on =koch sd des iftax do f'O"tWw 20. rue Ouftfts OuCa TwoMa ON MSC 2N6 3 File; CNC 0070. b. MiraTel Solutions Inc. (Reg # 00074291). c• BearingPoint LP (Reg # 00104080). It is the responsibility of the Licensee to ensure that the above Gaming Service Suppliers hold valid registrntioes during the period of this lottery license 0022521. & Ensure t1lat the raffle Lottery licence number P022521 and the mmnc of the charity appears on both the main ticket end the ticket stub. Lottery licence 0022521 must also be printed on all forms of advertising for the raffle in question, including all detachable parts of advertising items as well as on any published list of winners. Please note that the name of the Charity must be mere pronounced on the Tickets and Advertising materials. The name ofthe charity must be as is on the licence issued. Tieket/adVertisemcnt must also include the sequence of the draw. 9. The licencee shalt ensure that all advertising with respect to the lottery schem4 is in compliance with the Raffle Licence Terns and Conditions 6004A-8(0l/I Z), any Additional Terms and Conditions with respect to the said licence P0222521 and is otherwise in compliance with the law, including sections 52 and 59 of the Competition Act (Canada), Samples of print advertising and/or script otradlofI V advertising are to be submitted to the Alcohol and Gaming Commission of Ontario, prior to such Advertising. Advertising samples are reviewed by the Alcohol and Gaming Commission of Ontario to ensure compliance with the Raffle Licence Terms & Conditions and for no other purpose. The licencee is responsible for the content of advertising. 10. hi the event the licensee wishes to advertise andlor publicize the odds of winning on this lottery, the l icensee is required to additionally state that: "All inquiries, ifany, on the `odds of winning' arc to be made to the licensee, prior to the purchase of ticket/s". This statement must be included whenever and wherever odds of winning are published. 11. It is the responsibility of the Iicencec to verify the accuracy of all statements made in the advertising. 12. T"he licencee acknowledges that they will cease and desist any advertising that does not comply with Section 9. of this addendum to the said licence P022521, oris mi leading, upon receipt of written notification from the Alcohol and Gaming Commission of Ontario. 13. Should the licencee choose to insure the lottery event against toss, the premium cannot be P <00 OW To flw of Tillsonburq f From Karen Baker 6 Associates Inc. 12/03/02 7:24P P. 5 of 10 ` Alcohol and Ge Wog t Commission of ontaft ZU Oundas Stroe1 Vocal Toronto ON MSG 2N6 camniiscian d" shoos at des iws Qc rowj*w 20, is DURdas ULmd Toronto ON AASG 2N6 4 File: CNC 00700 paid from lottery trust funds. The insurer cannot participate in any manner in the lottery event. The licencee must provide a copy of the insurance contract with the lottery application. 14. Should the Licencee require to sell tickets in a Municipality or City other than the City of Toronto, you are required to submit the request in writing to the respective City or Municipality, along with a copy of the original application and the licence with the addendum issued Permission to extend sales into municipalities other than the home -base municipality will be considered for municipalities in the Province of Ontario only. Please refer to Chapter 6, para 6.5.1 of the Lottery Licensing Policy Manual. (See copy zttachrd). Licencee is required to inform the Commission of the Cities or Municipalities in which tickets are being sold as soon as such sales occur, along with the approval received from such Cities/Municipalities. 15. As per Section 5.3 of Raffle Licence Terms & Conditions the licensee shall ensure that: a_ Raffle tickets are not solicited, or accepted from, or processed, for persons loeatcd outside of Ontario. b. Raffle tickets are not distzibuted, mailed or otherwise sent to parsons located outside of Ontario. C. The raffle lottery scheme is not advertised, promoted or otherwise marketed to persons located outside of Ontario. 16. 1t is a condition of this Ucence that the licensee is not permitted to purchase any tickets ola this lottery. 17. The use of IrrernetlWebsite for advertising and/or acceptance of ticket orders is not Permitted in respect of the lottery licence 0022521. Howower, publishing of names of winders are permitted on 1'nternel/Website, provided these names are also published at the same time in the newspaper/s; and the Alcohol and Gaming Commission is informed_ 18. The licensee is to ensure that the toll free telephone/facsimile facilities in respect of this raffle lottery is confined to the Province of Ontario only. Ob P a. To /Town of Tillsonburq AkoW and Gaeiin9 COmmission of Ontario 20 Dand4a Stre4p {Aka! Toronto Om MSG 2N6 From Karen Baker d Associates Inc. Commission om skpofs of des faux do roritw10 29. rue DwWas ourst Yoronto ON MSG 2M6 5 19. Prizes offered must be without any encumbrances to the winners. 12/03/02 7 x 24pa p. 7 of _ Oetsrio File: C1TC 00700 20. This addendum forms part of your tottery licence # P02252 i and should be attached to the Said Iiconce. eo Rabim Licensing Officer November 21, 2002. Oft To Man of Tillsonbnrg Frain Karen Baker d Associates Inc. 12/03/02 7:24pe p. 8 of 10 LOTTERY LICENSING POLICY MANUAL RAFFLE. LOTTERY SCHEMES CHAPTER 6 • An irrevocable letter of credit, from a bank or financial institution, made payable to the Minister of Finance, in the amount of the total value of the prizes to be awarded including all taxes and with a minimum expiry date of no less than 45 days after the date of the event. • A budget for the applicant organization, covering the current 12 month fiscal or calendar year, detailing how resources will be acquired and dispersed during this period. • ' Invoices, bill of sale, 'purchase and sale agreement for any prize of $1.000 or greater ion value. • The Rranch may also request a copy of the advertising or copy of the raffle ticket before approval is given. 6.5.1 PROCEDURE FOR OBTAINING LETTER OF PERMISSION FOR PROVINCE WIDE RAFFLES Where a charitable or religious organizzation wants to conduct a raffle lottery across the province, it must notify any municipality in which it wishes to sell tickets. The licence (whether provincially or municipally issued) allow's the organization to sell tickets only in the municipality which originally approved the application until such notice is given. Furthermore, no public sales by individuals or groups, whether organized or not, should be made in any areas or municipalities until such notice has been given. ENTERTAINMENT STANDARDS BRANCH, MCCR August 1993 To /Tovn of Yillsonbssr From Karen Baker 6 Associates Inc. 12/03/02 7:24pa p. 9 ... ..�..�..... ♦...... •+r.,.. r,... • v. y•r ♦.+�.��+i�a Mtn NSUI du UJILCITICni ur CC$ [M)CS Qe pulenxiii, boul.. ;ls� :.slllc. co.-mde►Z-s eurmme fai-Unt Punic des frais pour la min sur pled de h tombola. oklot 4 ~ � 5.3 The licensee shall ensure that: a) Raffle ticket orders are not solicited, or accepted from, or processed, for persons located outside of Ontario; b) Raffle tickets are not distributed. mailed or otherwise sent to persons located outside of Ontario; c) The raffle lottery scheme is not advcroscd, promoted or otherwise marktted to persons located outside of Ontario_ (6) PRIZES 5.3 Le ti;uliire do licence dolt s'essurer qua: • ra): jes commander de billets de tombola at sont pas passces pour des petsonnes de t'exterieur de In province. zcreptccs de cos personnes ou traitees pour ces derniEms; b) les billets de tombola ne sont pas distribucs, envoyEs par la poste ou de quclque autre moyen que ce soit a dcs personnm de 1'r-merieur de la province: c) la tombol= ne fait pas l'objet de publicilr, de promotions ni d'un autre genre de marketing a 1'intet,tion de personnes de 1'exierieur de to province. (6) PRUL 6.1 The winner(s) of the Oze(s) shall be determined 6.1 La ddtcrmination et t'annonce de la ou des and publicized in the rasa r set out and pq'sonnes gagnantes doivent se Wre de la fa;on approved in the application. 6tablic daps 14 , demande de lie ttce et qui a cte • zpprouvee. 6.2 The licensee shall be responsible for awarding all pries and for t»along all rtasvnrable efforts to comet the prize wimm(s). 6.3 Any Arizes which arc not claimed shall be seavted or placed in safelxcping for a period of one year from the date of the draw. If at that tune the prize has salt not beer, claimed, the prize or monies equivalent to the fair market value of the prize shall be dowted to a beneficiary approved by the licensing authority. 6.4 Only the prize(s) as described and approved in the licence application shall be awarded. 6.2 Le rimlairc do le licence est responsible du paicumt et de 1'attribution des tuix et dolt faire rotes les efforts jugds raisin-nabies pour comtnuniqucr avec In ou les petsotmcs gapantts. 6.3 Tout Prix non reclanms dolt ettti eonsetve daps un lieu sur pendant un an is compter de la date du tirage. Si It p& n'a toujours pas 06 ceclantc a cette date, le Prix ou son Equivalent_ en argent 6 sa juste valour rn=hande doit Etrc donne i une ou w1 bdntficiaire approvve par i'autoritc compctwte. 6.4 On no pent attn% = que It ou les pdx dectits daps la demande dr lieence'et qui ont ire approuvds. 6.5 The value of the prize(s) shall include the amount 6.5 Tout droit, itnpdt, taxe de vrnte ou autre taut doit of any duty, tax, sales tax or ocost. Prize(s) ti ther tre inclus daps to velour du ou des prix. Le ou lac shall be awarded free and clew of any mortgage, Prix ditcrues doivent titre libres de tout privilege, 'lito or any odn encumbrances. hypodique ou charge. (7) ADVER77SING 7.1 The licensee shall be mspansibla for the designs, placement and payment of any advertisemtnts. 6004A - R (01112) (7) PU$LICITt 7.1 Lc titulairc de la licence est respo+zable de la conception, du placement et du pniemcnt de toute publicitt. Page S OOde 11 ** TOTAL PME. 09 ** Oo 00 t To /Tdh of Tillsonburg From Karen Baker Assaciates Inc. 12/03/02 7:21p0 p. 10 of 10 Ak" and GarNng Coemftdon ne: aleooL C8MnftWan o1 ontuao of o.: Jew de roolado 20 Dundas Street Weal 20. cos Dwwa: oum Ta"MW ON MSG 2N6 TaronVn ON RM 2NO v November 22, 2002 GIN #: CNC0070 MR. ANTHONY FUTINO CANADIAN NATIONAL INSTITUTE FOR THE BLIND - ONTARIO DIVISION 1929 HAYVIEW AVENUE TORONTO, ONTARIO M4G 3E8 Dear MR. ANTHONY FUTINO, We are pleased to amend your lottery licence, number 022521, as foliowe: EXISTING LXCMtCR Prizes: $ 5055146 Prizes: $ 5056163 Please attach this amendment to your original licence. This amendment iv subject tq the Terms and Conditions of the said licence. Yours trulyv NO tRAHIM Gaming Registration Officer CM Q