201123 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg
Council Meeting
AGENDA
Monday, November 23, 2020
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
1.Call to Order
2.Closed Session
3.Adoption of Agenda
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Council meeting of Monday, November 23, 2020, with
item 15.3.1 Staff Report DCS 20-25, being considered prior to item 8, and with item 15.3.2
Staff Report DCS 20-28, being considered prior to item 11, be approved.
4.Moment of Silence
5.Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT the minutes of the Council meeting held on Monday, November 9, 2020, and the
minutes of the Council Planning meeting held on Monday, November 16, 2020, be approved.
7.Presentations
7.1.Cloudpermit
Presented by: Peter Rotenberg
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT Council receives the presentation regarding Cloudpermit, as information;
AND THAT the information from the presentation be forwarded to consideration of
Staff Report DCS 20-25.
8.Public Meetings
9.Planning Reports
10.Delegations
10.1.Edwin and Maureen McLaughlin Re: Staff Report DCS 20-28
Edwin and Maureen McLaughlin
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT Council receives the delegation by Edwin and Maureen McLaughlin, as
information;
AND THAT the information from the delegation be forwarded to consideration of
Staff Report DCS 20-28.
11.Deputation(s) on Committee Reports
12.COVID-19
13.Information Items
13.1.Long Point Region Conservation Authority Re: 2021 Draft Budget
13.2.Tillsonburg Fairboard Re: Proposed projects
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT Council receives the correspondence from the Long Point Region
Conservation Authority dated November 13, 2020 and the correspondence from the
Tillsonburg Fairboard dated November 23, 2020, as information.
Page 2 of 245
14.Quarterly Reports
14.1.FIN 20-38 2020 Third Quarter Consolidated Financial Results
Proposed Resolution #6
Moved By: ________________
Seconded By: ________________
THAT Council receives report FIN 20-38 2020 Third Quarter Consolidated Financial
Results, as information.
14.2.FIN 20-39 2020 Third Quarter Corporate Services Results
14.3.DCS 20-27 Third Quarter Economic Development and Marketing Results
14.4.DCS 20-26 2020 Third Quarter Building Planning By-Law Services Results
14.5.FRS 20-14 2020 Third Quarter Fire Services Results
14.6.OPS 20-38 2020 Third Quarter Operations Services Results
14.7.RCP 20-40 2020 Third Quarter Recreation, Culture and Parks Results
Proposed Resolution #7
Moved By: ________________
Seconded By: ________________
THAT Council receives the 2020 Third Quarter Department Results, as information.
15.Staff Reports
15.1.Chief Administrative Officer
15.2.Clerk's Office
15.2.1.CLK 20-40 Legal Services RFP
Proposed Resolution #8
Moved By: ________________
Seconded By: ________________
THAT Duncan Linton LLP be retained as the Town’s Solicitor with the
terms and conditions outlined in the services agreement;
AND THAT a By-Law to authorize the agreement be brought forward for
Council’s consideration.
15.2.2.CLK 20-41 Committee of Adjustment
Page 3 of 245
Proposed Resolution #9
Moved By: ________________
Seconded By: ________________
THAT Council receives report CLK 20-41 Committee of Adjustment;
AND THAT all members of Tillsonburg Town Council be appointed to the
Committee of Adjustment;
AND THAT an appointment By-Law be brought forward for Council’s
consideration.
15.2.3.CLK 20-42 2021 Council Meeting Calendar
Proposed Resolution #10
Moved By: ________________
Seconded By: ________________
THAT Council receives Report CLK 20-42 2021 Council Meeting Calendar;
AND THAT the following regular Council meetings be re-scheduled for
2021:
Monday, February 22, 2021 be re-scheduled to Thursday,
February 25, 2021 due to the OGRA Conference (February 21 to
24, 2021).
1.
Monday, October 11, 2021 be re-scheduled to Tuesday, October
12, 2021 due to Thanksgiving Monday.
2.
Monday, May 24, 2021 be re-scheduled to Tuesday, May 25, 2021
due to Victoria Day.
3.
AND THAT the following regular Council meetings be cancelled for 2021:
Monday, July 26, 20211.
Monday, August 23, 20212.
Monday, December 27, 20213.
AND THAT Council Planning meetings for the purpose of holding public
meetings for planning applications, be held on the third Monday of each
month starting at 4:30 p.m., except in the months of July, August and
December.
AND THAT the following Council Planning meetings be re-scheduled for
2021:
Monday, January 18, 2021 be re-scheduled to Tuesday, January
19, 2021 due to an already scheduled Council Budget meeting.
1.
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Monday, February 15, 2021 be re-scheduled to Tuesday, February
16, 2021 due to Family Day.
2.
15.2.4.CLK 20-43 BIA Boundary Expansion
Proposed Resolution #11
Moved By: ________________
Seconded By: ________________
THAT this update on the BIA expansion request be received for
information.
15.3.Development and Communication Services
15.3.1.DCS 20-25 Cloudpermit E-Permitting Portal
Proposed Resolution #12
Moved By: ________________
Seconded By: ________________
THAT Council receives Report DCS 20-25 Cloudpermit E-Permitting Portal
as information;
AND THAT Council continues to support the requirements set in the
Ontario Building Code Act to ensure adequate measures are in place to
administer the Ontario Building Code;
AND FURTHER THAT Council authorizes the Chief Building Official to
proceed with the single source award for the purchase and implementation
of Cloudpermit E-Permitting Software to be funded from Building Permit
Reserves.
15.3.2.DCS 20-28 Offer to Purchase 1101 Highway 3
Proposed Resolution #13
Moved By: ________________
Seconded By: ________________
THAT Council receives report DCS 20-28 Offer to Purchase 1,101 Highway
3;
AND THAT the non-industrial portions of the 1,101 Highway property be
declared surplus to the needs of the Town of Tillsonburg in accordance
with By-Law 3549 Sale of Real Property Policy;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk
to enter into an agreement of purchase and sale with Edwin McLaughlin
and Maureen McLaughlin for the non-industrial portions of the 1,101
Highway 3 Property described as part of Part 1, Plan 37R-283.
Page 5 of 245
15.4.Finance
15.4.1.FIN 20-40 Q3 2020 Covid-19 Financial Impact and Year-End Forecast
Proposed Resolution #14
Moved By: ________________
Seconded By: ________________
THAT Council receives report FIN 20-40 Q3 2020 COVID-19 Financial
Impact & Projected Year-End Forecast as information.
15.4.2.FIN 20-41 Renewal of lease for 90 Concession St. E
Proposed Resolution #15
Moved By: ________________
Seconded By: ________________
THAT Council receives report FIN 20-41 Renewal of lease for 90
Concession Street East as information;
AND THAT Council authorize the Lease Extension and Amending
Agreement to the lease for 90 Concession St. E to the Province of Ontario
for use as the Headquarters for the Oxford County Detachment of the
Ontario Provincial Police for 2021-2025;
AND THAT a By-law be brought forward for Council's consideration.
15.5.Fire and Emergency Services
15.6.Operations
15.6.1.OPS 20-35 Waste Management Contract
Proposed Resolution #16
Moved By: ________________
Seconded By: ________________
THAT Council receives report OPS 20-35 Waste Management Contract
renewal as information;
AND THAT a By-Law to authorize the Waste Management Contract, be
brought forward for Council’s consideration.
15.7.Recreation, Culture & Park Services
15.7.1.RCP 20-39 July to September RCP Activity Report
Proposed Resolution #17
Page 6 of 245
Moved By: ________________
Seconded By: ________________
THAT Council receives report RCP 20-39, July to September 2020 Activity
Reports, for information.
16.New Business
17.Consideration of Committee Minutes
17.1.Committee Minutes
Proposed Resolution #18
Moved By: ________________
Seconded By: ________________
THAT Council receives the Culture, Heritage and Special Awards Advisory
Committee minutes dated November 4, 2020, the Parks, Beautification and
Cemeteries Committee minutes dated November 5, 2020, and the Town Hall
Steering Committee minutes dated September 17, 2020, as information.
17.2.LPRCA Board Minutes
Proposed Resolution #19
Moved By: ________________
Seconded By: ________________
THAT Council receives the Long Point Region Conservation Authority minutes dated
October 7, 2020, as information.
18.Motions/Notice of Motions
19.Resolutions/Resolutions Resulting from Closed Session
20.By-Laws
20.1.A By-Law to authorize a waste management agreement and to repeal By-Law 3319
20.2.A By-Law to appoint a Committee of Adjustment
20.3.A By-Law to authorize an agreement for legal services
20.4.A By-Law to authorize an agreement of purchase and sale with Edwin McLaughlin
and Maureen McLaughlin (1101 Highway 3)
20.5.A By-Law to authorize a lease extension and amending agreement
Proposed Resolution #20
Page 7 of 245
Moved By: ________________
Seconded By: ________________
THAT a By-Law to authorize a waste management agreement and to repeal By-Law
3319; and
A By-Law to appoint a Committee of Adjustment; and
A By-Law to authorize an agreement for legal services; and
A By-Law to authorize an agreement of purchase and sale with Edwin McLaughlin
and Maureen McLaughlin (1101 Highway 3); and
A By-Law to authorize a lease extension and amending agreement, be read for a
first, second, third and final reading and that the Mayor and the Clerk be and are
hereby authorized to sign the same, and place the corporate seal thereunto.
21.Confirm Proceedings By-law
Proposed Resolution #21
Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-108, to Confirm the Proceedings of the Council Meeting held on
November 23, 2020, be read for a first, second, third and final reading and that the Mayor
and the Clerk be and are hereby authorized to sign the same, and place the corporate seal
thereunto.
22.Items of Public Interest
23.Adjournment
Proposed Resolution #22
Moved By: ________________
Seconded By: ________________
THAT the Council Meeting of Monday, November 23, 2020 be adjourned at ___ p.m.
Page 8 of 245
1
The Corporation of the Town of Tillsonburg
Council Meeting
MINUTES
Monday, November 9, 2020
4:00 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Town Clerk
Sheena Pawliwec, Acting Treasurer
Chris Baird, Director of Recreation, Culture and Parks
Carlos Reyes, Director of Operations
Brad Lemaich, Fire Chief
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:00 p.m.
2. Closed Session (4:00 p.m.)
Resolution # 2020-490
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
Page 9 of 245
2
THAT Council move into Closed Session to consider three personal matters
about identifiable individuals, including Town employees and three matters of a
proposed or pending acquisition or disposition of land by the municipality or local
board.
Carried
2.1 Adoption of Agenda
2.2 Disclosures of Pecuniary Interest and the General Nature Thereof
2.3 Adoption of Closed Session Council Minutes
2.4 Reports
2.4.1 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
2.4.2 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
2.4.3 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
2.4.4 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board; (Sandy Court)
2.4.5 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board; (Highway 3)
2.4.6 239 (2) (c) a proposed or pending acquisition or disposition of
land by the municipality or local board; (Rokeby Road)
2.5 Back to Open Session
3. Adoption of Agenda (6:00 p.m.)
Resolution # 2020-491
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
THAT the Agenda as prepared for the Council meeting of Monday, November 9,
2020, be adopted.
Carried
4. Moment of Silence
Page 10 of 245
3
5. Disclosures of Pecuniary Interest and the General Nature Thereof
Councillor Rosehart declared pecuniary interest on the following item:
1. Item 14.2.1 in open session (BIA Appointment By-Law) with the reason being
that her son is the individual being recommended for appointment under this By-
Law.
No other disclosures of pecuniary interests were declared.
6. Adoption of Council Minutes of Previous Meeting
Resolution # 2020-492
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT the Minutes of the Council meeting held on Monday, October 26, 2020, be
approved.
Carried
7. Presentations
8. Public Meetings
9. Planning Reports
10. Delegations
11. Deputation(s) on Committee Reports
12. COVID-19
13. Information Items
13.1 Ministry of Finance Re: 2021 Ontario Municipal Partnership Fund
(OMPF) allocations
Resolution # 2020-493
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receive the correspondence from the Ministry of Finance
dated October 29, 2020, as information.
Carried
14. Staff Reports
Page 11 of 245
4
14.1 Chief Administrative Officer
14.1.1 CAO 20-10 Awarding RFP #2020-007 Strategic Plan
Resolution # 2020-494
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council receives Report CA0 20-10 Awarding RFP #2020-
007 Strategic Plan;
AND THAT Council authorizes obtaining consulting services with
Boulevard Strategy Group for the development of a new
Community Strategic Plan.
Carried
14.2 Clerk's Office
14.2.1 CLK 20-38 Tillsonburg BIA Board of Directors Appointment
Resolution # 2020-495
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT Council receives report CLK 20-38 Tillsonburg BIA Board of
Directors Appointment;
AND THAT a By-Law to amend By-Law 4260, be brought forward
for Council’s consideration.
Carried
14.3 Development and Communication Services
14.4 Finance
14.4.1 FIN 20-37 2021 Public Budget Survey Results
Resolution # 2020-496
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council receives report FIN 20-37 2021 Public Budget
Survey Results as information.
Page 12 of 245
5
Carried
14.5 Fire and Emergency Services
14.6 Operations
14.6.1 OPS 20-37 Traffic By-Law 3701 Amendment
Staff noted that the project will be completed prior to year end.
Resolution # 2020-497
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
THAT Council receives Report OPS 20-37 Traffic By-Law 3701
Amendment as information;
AND THAT the signage changes to Wilson Avenue as outlined in
Resolution #2020-408 identified to be up $15,000 are funded in
2020 from anticipated Public Works operating surplus dollars;
AND THAT a By-Law to amend Traffic By-Law 3701, be brought
forward for Council’s consideration.
Carried
14.7 Recreation, Culture & Park Services
14.7.1 RCP 20-37 Glendale Park Playground RFP-2020-012 Results
Staff provided an overview of the RFP process.
Staff noted that the groundwork for the project is expected to be
completed before winter. The project is expected to be completed
over winter so that the playground is ready for early spring.
There was discussion regarding the implications of deferring the
decision.
Staff noted that public notice will be provided which will include
posting a sign at the park which depicts the new playground.
Resolution # 2020-498
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
Page 13 of 245
6
THAT Report RCP 20-37 Glendale Park Playground RFP-2020-012
Results be received as information;
AND THAT Council approve the RFP from PlayPower LT Canada
Inc., Paris, Ontario for $65,253.40, exclusive of applicable taxes.
Carried
15. New Business
16. Consideration of Committee Minutes
16.1 Committee Minutes
It was noted that the concern regarding the new PXO referenced in the
Accessibility Advisory Committee minutes of October 6, 2020, is related to
the visibility of the crossing lights.
Resolution # 2020-499
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council receives the Accessibility Advisory Committee minutes
dated October 6, 2020, the Economic Development Advisory Committee
minutes dated October 13, 2020, the Tillsonburg Airport Advisory
Committee minutes dated October 15, 2020 and the Physician
Recruitment and Retention Committee minutes dated August 4, 2020, as
information.
Carried
16.2 Business Improvement Area Board Minutes
There was discussion regarding garbage dumping in the downtown.
Resolution # 2020-500
Moved By: Councillor Luciani
Seconded By: Councillor Parker
THAT Council receives the Business Area Improvement Board minutes
dated April 23, May 21, June 25, July 28 and September 23, 2020, as
information.
Carried
Page 14 of 245
7
17. Motions/Notice of Motions
Opportunity was provided for comments and questions.
There was discussion regarding the intent of the notice of motion.
Resolution # 2020-501
Moved By: Councillor Esseltine
Seconded By: Deputy Mayor Beres
THAT motions coming forward to council from meetings of local Boards and
Committees, through either a Committee Report or a Staff Report, be read out
loud and recognized in open council, under Delegation on Committee Reports,
prior to Council’s consideration of the content of the report, as per the Town’s
Procedural By-Law.
Carried
Opportunity was provided for comments and questions.
Staff confirmed this request could be completed.
Resolution # 2020-502
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
THAT staff be directed to work with the Great Pumpkin Rescue group to
establish a pumpkin disposal area in Tillsonburg for the 2021 Halloween season.
Carried
18. Resolutions/Resolutions Resulting from Closed Session
19. By-Laws
19.1 By-Law 2020-105, to amend By-Law 4260 (Tillsonburg BIA Board
Appointment)
19.2 By-Law 2020-106, to amend Traffic By-Law 3701
Resolution # 2020-503
Moved By: Councillor Gilvesy
Seconded By: Councillor Parker
THAT By-Law 2020-105, to amend By-Law 4260; and
By-Law 2020-106, to amend Traffic By-Law 3701, be read for a first,
second, third and final reading and that the Mayor and the Clerk be and
Page 15 of 245
8
are hereby authorized to sign the same, and place the corporate seal
thereunto.
Carried
20. Confirm Proceedings By-law
Resolution # 2020-504
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT By-Law 2020-104, to Confirm the Proceedings of the Council Meeting held
on November 9, 2020, be read for a first, second, third and final reading and that
the Mayor and the Clerk be and are hereby authorized to sign the same, and
place the corporate seal thereunto.
Carried
21. Items of Public Interest
The annual street side collection of loose leaves is scheduled to begin on
Monday, November 9, 2020. Visit tillsonburg.ca to find out when your collection
week is.
Council will meet on November 16, 2020 at 4:30 p.m. via video conference for
the purpose of holding public meetings for planning applications.
The next regular scheduled Council meeting will be on November 23, 2020.
22. Adjournment
Resolution # 2020-505
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT the open Council meeting of Monday, November 9, 2020 be adjourned at
7:07 p.m. and that Council move into Closed Session to consider three matters of
a proposed or pending acquisition or disposition of land by the municipality or
local board.
Carried
Council adjourned closed session at 7:45 p.m. which concluded the meeting of
Council.
Page 16 of 245
1
The Corporation of the Town of Tillsonburg
Council Planning Meeting
MINUTES
Monday, November 16, 2020
4:30 PM
Electronic Meeting
ATTENDANCE: Mayor Molnar
Deputy Mayor Beres
Councillor Esseltine
Councillor Gilvesy
Councillor Luciani
Councillor Parker
Councillor Rosehart
Staff: Kyle Pratt, Chief Administrative Officer
Michelle Smibert, Town Clerk
Carlos Reyes, Director of Operations
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
2. Adoption of Agenda
Resolution # 2020-506
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Agenda as prepared for the Council Planning meeting of Monday,
November 16, 2020.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interests were declared.
Page 17 of 245
2
4. Adoption of Council Planning Minutes of Previous Meeting
Resolution # 2020-507
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT the Minutes of the Council Planning meeting held on Monday, October 19,
2020, be approved.
Carried
5. Public Meetings
Resolution # 2020-508
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council move into the Committee of Adjustment to hear applications for
Minor Variance at 4:32 p.m.
Carried
5.1 Application for Minor Variance A 12-20 (Bruder)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application. The application is in keeping with
the Zoning By-Law and staff is recommending approval and subject to
three conditions.
Opportunity was provided for comments and questions from Council.
The applicants appeared before Council and shared some pictures of the
existing conditions along with some details of the proposed additions. The
applicants noted they are in agreement with the proposed conditions.
No members of the public appeared before Council either in support of or
opposition to the application.
Council passed the following resolution.
Resolution # 2020-509
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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3
THAT the Committee of Adjustment approve Application File A12-20,
submitted by Mark Bruder & Sarah Chanda-Bruder, for lands described as
Lot 27, Plan M137, in the Town of Tillsonburg, as it relates to:
1. Relief from Section 6.2 - R1 Zone Provisions, to reduce the minimum
required rear yard depth from 12 m (39.3 ft) to 6.94 m (22.7 ft) to facilitate
the constructed of a covered porch on the subject lands.
Subject to the following conditions:
i. That the relief shall only comply to the construction of a covered porch
addition to an existing single detached dwelling in the manner as depicted
in Plate 3 of Report CP 2020-312.
ii. The Owners shall obtain a building permit for the proposed covered
porch within one year of the date of the Committee’s Decision;
iii. The Owners shall provide an updated building location survey.
Carried
Resolution # 2020-510
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council move out of the Committee of Adjustment and move back
into regular Council session at 4:44 p.m.
Carried
5.2 Applications for Official Plan Amendment and Zone Change OP 20-
15-7 and ZN 7-20-13 (Town of Tillsonburg)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application. The lands have been declared
surplus by the Town Council. Staff supports the infilling development
within this area.
Opportunity was provided for comments and questions from Council.
The Mayor asked about the depth of the lot as compared to the
neighbouring lots. The Senior Planner noted that the lot is approximately
twice as deep as the neighbouring lots.
Page 19 of 245
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The Development Commissioner noted that these lands were originally
identified to provide for access to the lands behind this property and he
noted that these lands are no longer used for this purpose.
Christian Devlin, an interested purchaser of the lands, noted his support
for the application.
No other members of the public appeared before Council either in support
of or opposition to the application.
Council passed the following resolution.
Resolution # 2020-511
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Council advise County Council that the Town supports the
application for Official Plan Amendment, File No. OP 20 -15-7, submitted
by the Town of Tillsonburg, for lands legally described as Part Block D,
Plan M-53, in the Town of Tillsonburg, to re-designate the subject lands
from Open Space to Low Density Residential;
AND THAT Council approve in principle the zone change application (File
No. ZN 7-20-13) submitted by the Town of Tillsonburg, for lands legally
described as Part Block D, Plan M-53, in the Town of Tillsonburg, to
rezone the lands from Passive Use Open Space Zone to Low Density
Residential Type 1 Zone to facilitate the development of a single detached
dwelling on the subject lands.
Carried
5.3 Application for Zone Change ZN 7-20-15 (Dyer and Nadeau)
Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to
provide an overview of the application. The conversion of the building
complies with the Town's policies. Staff recommend that the application
be approved. The by-law will be provided to Council in a couple of weeks
time.
Opportunity was provided for comments and questions from Council.
The Mayor asked about the appearance of the commercial building and
asked what the trigger would be to enhance the building and the planner
noted that the change use permit process might be able to trigger these
changes.
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No members of the public appeared before Council either in support of or
opposition to the application.
Council passed the following resolution.
Resolution # 2020-512
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT Council approve-in-principle the zone change application submitted
by Dave Dyer & Amy Nadeau, whereby the lands described Lot 574, Plan
500, in the Town of Tillsonburg known municipally as 1 Hardy Avenue are
to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special
Low Density Residential Type 3 Zone (R3-sp)’ to facilitate the
development of a multiple unit dwelling consisting of 3 dwelling units.
Carried
6. Planning Reports
7. Closed Session
Resolution # 2020-513
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council move into Closed Session at 5:07 p.m. to consider personal
matters about identifiable individuals, including Town employees.
Carried
7.1 Adoption of Agenda
7.2 Disclosures of Pecuniary Interest and the General Nature Thereof
7.3 Adoption of Closed Session Council Minutes
7.4 Reports
7.4.1 239 (2) (b) personal matters about identifiable individuals,
including municipal or local board employees;
7.5 Back to Open Session
8. New Business
9. Motions/Notice of Motions
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10. By-Laws
11. Confirm Proceedings By-law
Resolution # 2020-514
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT By-Law 2020-107, to Confirm the Proceedings of the Council Planning
meeting held on November 16, 2020, be read for a first, second, third and final
reading and that the Mayor and the Clerk be and are hereby authorized to sign
the same, and place the corporate seal thereunto.
Carried
12. Adjournment
Resolution # 2020-515
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the Council Planning meeting of Monday, November 16, 2020 be
adjourned at 6:01 p.m.
Carried
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Page 23 of 245
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Page 26 of 245
Optimize Customer Service
•Clients will have 24/7/365 access to Tillsonburg
Building Dept.
•Eliminate need for travel to department &
paper/printing costs
•Ability to track application status
•Online inspection scheduling
•Streamlined collaboration & communication with
Dept. Staff
Page 27 of 245
Building Efficiencies
•Issue applications 50% faster by streamlining
intake
•Reduce front counter visits and in -bound call
volume by 80%,freeing up staff resources
•Inspections will be completed entirely on-site
•Integration with the Amanda back-office system
•Staff can work remotely/virtually with complete
access to files/documents
Page 28 of 245
Summary
•Cloudpermit will be a ‘force-multiplier’ for Tillsonburg staff
•Cloudpermit will build efficiencies and optimize customer service
•Tillsonburg staff will better positioned to handle COVID-19
–Staff can work remotely
–Clients do not need to physically interact with department
•Cloudpermit can be deployed in advance of 2021 building season
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Long Point Region Conservation Authority
4 Elm St., Tillsonburg, Ontario N4G 0C4
519-842-4242 or 1-888-231-5408 ˖ Fax 519-842-7123
Email: conservation@lprca.on.ca ˖ www.lprca.on.ca
November 13, 2020 File:1.4.5.1
Kyle Pratt, CAO
Sincerely,
Judy Maxwell
General Manager
Town of Tillsonburg
204-200 Broadway
Tillsonburg ON N4G 5A7
kpratt@tillsonburg.ca
Re: 30-Day Notice to Affected Municipalities – 2021 Draft LPRCA Budget
Dear Mr. Pratt,
At a budget meeting of the Board of Directors held on Thursday, November 12th, the Draft 2021
LPRCA Operating and Capital Budgets were recommended to be circulated to member municipalities
for review and comment. The proposed overall increase for the municipal levy is $30,633 or 1.51%
versus last year’s increase of 1.81%. The overall municipal support requested for the 2021 operating
budget of $4,421,734 is $1,686,943 representing a change in the general levy of 2.55% or $41,983.
The overall municipal support requested for the 2021 capital budget of $615,000 is $375,000
representing a change in the general levy of -2.94% or ($11,350). Specifics for each municipality can
be found in attachment 4.
Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to
consider and provide comment regarding the draft budget. The Regulation also requires that the
notice be accompanied by the financial information used to determine that levy. As such, please find
attached the following information on LPRCA’s budgets for its member municipalities:
1.2021 Draft Consolidated Budget Summary
2.2021 Draft Operating Budget
3.LPRCA Draft 2021 Municipal Levy - Consolidated
4.Five Year Summary by Municipality of Levy Apportioned by CVA %
LPRCA is requesting any comment regarding the Draft 2021 Budget to be forwarded to this office no
later than noon Friday, December 18th, 2020.
The weighted vote for the Final 2021 LPRCA Budget will take place the evening of Wednesday,
January 13th, 2021 as part of the regular meeting of the LPRCA Board of Directors.
If your officials request a presentation of the Draft 2021 budget, we would be pleased to present at
your Councils earliest convenience on behalf of the LPRCA Board of Directors. If you have any
questions or need further information, please contact Aaron LeDuc, Manager of Corporate Services at
aleduc@lprca.on.ca or 519-842-4242, ext. 224.
Page 35 of 245
2018 2019 2020 2020 2021
Actual Actual Sept 30 YTD Budget Draft Budget
$$$$$$%
Total Operating Expenditures 4,272,984 4,770,107 2,748,778 4,441,340 4,421,734 (19,606) (0.4%)87.8%
Total Capital Expenditures *269,000 349,326 351,641 963,450 615,000 (348,450) (36.2%)12.2%
Total Expenditures 4,541,984 5,119,433 3,100,419 5,404,790 5,036,734 (368,056) (6.81%)100.0%
SOURCES OF REVENUE
Municipal Levy - Operating 1,549,442 1,516,951 1,233,720 1,644,960 1,686,943 41,983 2.55%33.5%
Municipal Levy - Capital 269,000 349,326 368,550 386,350 375,000 (11,350) -2.94%7.4%
Municipal Levy - Total 1,818,442 1,866,277 1,602,270 2,031,310 2,061,943 30,633 1.51%40.94%
Municipal Levy - Special Norfolk 48,100 223,100 225,000 1,900 0.85%4.5%
Total Municipal Levy 1,818,442 1,866,277 1,602,270 2,254,410 2,286,943 32,533 1.44%45.4%
Provincial Funding 190,711 530,960 215,020 29,998 23,225 (6,773) (22.6%)0.5%
MNR Grant 68,240 35,229 35,229 35,229 35,229 0 0.0%0.7%
MNR WECI & Municipal Funding 37,881 47,196 - 90,000 10,000 (80,000) (88.9%)0.2%
Federal Funding 53,824 129,461 94,303 135,165 11,046 (124,119) (91.8%)0.2%
User Fees 2,154,388 2,102,580 1,316,732 2,309,144 2,349,114 39,971 1.7%46.6%
Community Support 355,069 451,555 263,736 409,344 307,011 (102,333) (25.0%)6.1%
Interest on Investments 28,078 24,397 - - - - 0.0%0.0%
Land Donation 50,000 460,000 - - - - 0.0%0.0%
Gain on Sale of Assets (1,805) 518,067 - - - - 0.0%0.0%
Bayham ALUS 158,748 183,890 - - - - 0.0%0.0%
Deferred Revenue/Reallocation - - - 0.0%
Contribution from(to) Reserves (371,590) (1,230,177) - 141,500 14,165 (127,335) (90.0%)0.3%
TOTAL REVENUE 4,541,985 5,119,434 3,527,290 5,404,790 5,036,734 (368,056) (6.81%)100.0%
* The Capital Expenditures in the 2021 Draft Budget are proposed to be funded by Municipal Levy of $375,000, WECI $10,000,
$5,000 from Reserves and Special Levy $225,000 to Norfolk County.
Long Point Region Conservation Authority
2021 DRAFT Consolidated Budget Summary
2021 Change from % of
Approved
Budget
2020 Budget
Attachment 1
Page 36 of 245
2018 2019 2020 2020 2021
Actual Actual Sept 30 YTD Budget Draft Budget
$$$$$%
Program:
Watershed Planning and Technical Services 257,752 652,933 412,203 357,474 389,750 32,277 9.0%- 33,202
Watershed Flood Control Services 307,228 226,314 167,801 232,699 212,874 (19,825) (8.5%)- (19,826)
Healthy Watershed Services 266,734 327,092 143,921 186,134 146,975 (39,159) (21.0%)(3,814) 29,615
Communication and Marketing Services 61,146 77,094 49,655 112,275 102,494 (9,781) (8.7%)- 1,219
Backus Heritage and Education Services 632,076 623,385 217,838 606,661 578,716 (27,945) (4.6%)(7,028) (41,766)
Conservation Parks Management Services 721,642 761,316 421,483 863,376 882,387 19,011 2.2%(296,613) No levy
Public Forest Land Management Services 211,364 242,535 138,329 224,538 229,263 4,726 2.1%(70,737) No levy
Private Forest Land Management Services 118,411 165,595 91,079 161,659 132,022 (29,637) (18.3%)9,165 No levy
Other Conservation and Land Management Services 561,270 572,494 338,946 586,725 594,364 7,639 1.3%- 9,689
Corporate Services 1,135,361 1,121,351 767,521 1,109,799 1,152,887 43,088 3.9%378,192 29,850
Total Program Expenditures 4,272,984 4,770,107 2,748,778 4,441,340 4,421,734 (19,606) (0.4%)9,165 41,983
Objects of Expenses:
Staff Expenses 2,541,124 2,552,469 1,710,603 2,922,869 2,952,243 29,374 1.0%
Staff Related Expenses 43,123 39,442 18,173 56,375 50,675 (5,700) (10.1%)
Materials and Supplies 275,237 287,096 145,831 325,848 284,362 (41,486) (12.7%)
Purchased Services 1,022,465 1,415,187 799,545 1,038,260 1,035,908 (2,352) (0.2%)
Equipment 47,340 36,511 26,975 31,800 31,800 - 0.0%
Other 56,396 61,701 47,650 66,188 66,746 558 0.8%
Bayham ALUS 158,748 183,890 - - - -
Amortization 128,551 193,812 - - - -
Total Expenditures 4,272,984 4,770,107 2,748,778 4,441,340 4,421,734 (19,606) (0.4%)
Sources of Revenue:
Municipal Levy - Operating 1,549,442 1,516,951 1,233,720 1,644,960 1,686,943 41,983 2.6%
Provincial Funding 190,711 530,960 215,020 29,998 23,225 (6,773) (22.6%)
MNR Grant 68,240 35,229 35,229 35,229 35,229 0 0.0%
MNR WECI & Municipal Funding 37,881 47,196 - - - - 0.0%
Federal Funding 53,824 129,461 94,303 12,665 11,046 (1,619) (12.8%)
User Fees 2,154,388 2,102,580 1,316,732 2,309,144 2,349,114 39,971 1.7%
Community Support 355,069 451,555 263,736 409,344 307,011 (102,333) (25.0%)
Interest on Investments 28,078 24,397 - - - - 0.0%
Land Donation 50,000 460,000 - - - - 0.0%
Gain on Sale of Assets (1,805) 518,067 - - - - 0.0%
Bayham ALUS 158,748 183,890 - - - - 0.0%
Contribution from (to) Reserves (371,590) (1,230,177) - - 9,165 9,165 0.0%
Total Revenue 4,272,984 4,770,107 3,158,740 4,441,340 4,421,734 (19,606) (0.4%)
Long Point Region Conservation Authority
2021 Draft Operating Budget
2021 Change from Contribution
(to) from
Reserves $
Increase to
Levy $2020 Budget
Attachment 2
Page 37 of 245
PER CAPITA PER CAPITA
OPERATING CAPITAL TOTAL (Watershed) (Municipality)
Haldimand County $240,090 $53,371 $293,461 $20.60 $7.21
Norfolk County $882,185 $196,106 $1,078,290 $21.16 $20.10
Norwich Twp.$118,028 $26,237 $144,265 $22.85 $16.91
South-West Oxford Twp.$38,673 $8,597 $47,270 $26.01 $7.80
Tillsonburg $203,907 $45,328 $249,235 $18.79 $18.79
Total Oxford County $360,609 $80,162 $440,771
Brant County $114,930 $25,548 $140,478 $26.97 $4.61
Bayham Municipality $76,671 $17,044 $93,715 $17.19 $17.19
Malahide Township $12,459 $2,770 $15,229 $22.54 $2.25
$1,686,943 $375,000 $2,061,943 $21.05 $12.51
Increase over 2020 $41,983.17 ($11,350)$30,633
Per Capita Increase over 2020 $0.43 ($0.12)$0.31
LPRCA 2021 MUNICIPAL LEVY - CONSOLIDATED - DRAFT
MUNICIPALITY
LEVY AMOUNTS
Attachment 3
Page 38 of 245
LPRCA
Draft Budget Operating Levy Draft Budget Capital Levy Draft Budget Total Levy
1,686,943$ $375,000 $2,061,943
Municipality Year
Haldimand
County 2017 $207,125 14.17%$3,082 1.51%$49,485 14.17%$10,631 27.36%$256,610 14.17%$13,713 5.65%
2018 $218,044 14.03%$10,919 5.27%$51,723 14.03%$2,238 4.52%$269,767 14.03%$13,157 5.13%
2019 $226,963 14.12%$8,919 4.09%$54,734 14.12%$3,011 5.82%$281,697 14.14%$11,930 4.42%
2020 $232,601 14.14%$5,637 2.48%$54,631 14.14%($103)-0.19%$287,231 14.14%$5,534 1.96%
2021 $240,090 14.23%$7,489 3.22%$53,371 14.23%($1,260)-2.31%$293,461 14.23%$6,230 2.17%
Norfolk
County 2017 $776,193 52.98%$27,763 3.71%$185,445 52.98%$42,930 30.12%$961,638 52.98%$70,693 7.93%
2018 $822,699 53.09%$46,506 5.99%$195,154 53.09%$9,709 5.24%$1,017,853 53.09%$56,215 5.85%
2019 $845,974 52.63%$23,275 2.83%$204,014 52.63%$8,860 4.54%$1,049,988 52.63%$32,135 3.16%
2020 $865,971 52.64%$19,996 2.36%$203,390 52.64%($624)-0.31%$1,069,361 52.64%$19,373 1.85%
2021 $882,185 52.29%$16,214 1.87%$196,106 52.29%($7,284)-3.58%$1,078,290 52.29%$8,930 0.84%
Oxford
County*2017 $314,084 21.41%$11,584 3.83%$75,040 21.41%$17,438 30.27%$389,124 21.41%$29,022 8.06%
2018 $333,558 21.48%$19,474 6.20%$79,124 21.48%$4,084 5.44%$412,682 21.48%$23,558 6.05%
2019 $344,257 21.42%$10,699 3.21%$83,020 21.42%$3,896 4.92%$427,277 21.42%$14,595 3.54%
2020 $349,761 21.26%$5,504 1.60%$82,148 21.26%($872)-1.05%$431,908 21.26%$4,631 1.08%
2021 $360,609 21.38%$10,848 3.10%$80,162 21.38%($1,986)-2.42%$440,771 21.38%$8,862 2.05%
Brant
County 2017 $89,378 5.96%$5,165 6.13%$21,354 5.96%$5,318 33.16%$110,732 5.96%$10,483 10.46%
2018 $97,809 6.11%$8,431 9.43%$23,201 6.11%$1,847 8.65%$121,010 6.11%$10,278 9.28%
2019 $105,228 6.55%$7,419 7.59%$25,377 6.55%$2,176 9.38%$130,605 6.55%$9,595 7.93%
2020 $109,970 6.69%$4,742 4.51%$25,829 6.69%$452 1.78%$135,799 6.69%$5,194 3.98%
2021 $114,930 6.81%$4,959 4.51%$25,548 6.81%($280)-1.09%$140,478 6.81%$4,679 3.45%
Bayham
Municipality 2017 $65,058 4.49%$1,624 2.56%$15,543 4.49%$3,464 28.68%$80,601 4.49%$5,088 6.74%
2018 $70,301 4.45%$5,243 8.06%$16,676 4.45%$1,133 7.29%$86,977 4.45%$6,376 7.91%
2019 $73,371 4.56%$3,070 4.37%$17,694 4.56%$1,018 6.10%$91,064 4.56%$4,087 4.70%
2020 $74,792 4.55%$1,422 1.94%$17,566 4.55%($128)-0.72%$92,359 4.55%$1,294 1.42%
2021 $76,671 4.54%$1,879 2.51%$17,044 4.54%($523)-2.98%$93,715 4.54%$1,356 1.47%
Malahide `
Township 2017 $10,290 0.71%$230 2.29%$2,458 0.71%$542 28.29%$12,748 0.71%$772 6.45%
2018 $11,261 0.70%$971 9.44%$2,671 0.70%$213 8.67%$13,932 0.70%$1,184 9.29%
2019 $11,659 0.73%$398 3.53%$2,812 0.73%$141 5.27%$14,471 0.73%$539 3.87%
2020 $11,866 0.72%$207 1.77%$2,787 0.72%($25)-0.88%$14,652 0.72%$182 1.26%
2021 $12,459 0.74%$594 5.00%$2,770 0.74%($17)-0.62%$15,229 0.74%$576 3.93%
2021 $1,686,943 $41,983 2.55%$375,000 ($11,350)-2.94%$2,061,943 $30,633 1.51%
Notes: Operating Notes: Capital Notes: Combined
2017 $15.04 per capita 2017 $3.59 per capita 2017 $18.63 per capita
2018 $16.03 per capita 2018 $3.80 per capita 2018 $19.83 per capita
2019 $16.47 per capita 2019 $3.97 per capita 2019 $20.44 per capita
2020 $16.85 per capita 2020 $3.96 per capita 2020 $20.81 per capita
2021 $17.22 per capita 2021 $3.83 per capita 2021 $21.05 per capita
Oxford County Apportionment:Oxford County Apportionment:Oxford County Apportionment:
Norwich Twp.118,028$ Norwich Twp.26,237$ Norwich Twp.144,265$
South-West Oxford 38,673$ South-West Oxford 8,597$ South-West Oxford 47,270$
Tillsonburg 203,907$ Tillsonburg 45,328$ Tillsonburg 249,235$
360,609$ 80,162$ 440,771$
% Increase
Year over
Year
5 Year Summary by Municipality of Levy Apportioned by CVA %
Municipal Levy - Operating Municipal Levy - Capital Municipal Levy - Combined
Amount of
Levy Share
% of Total
Levy*
$ Increase
Year over
Year
% Increase
Year over
Year
Amount of
Levy Share
% of Total
Levy*
$ Increase
Year over
Year
% Increase
Year over
Year
Amount of
Levy Share
% of Total
Levy*
$ Increase
Year over
Year
Attachment 4
Page 39 of 245
July 24, 2020
November 23, 2020
Mayor Molnar & Town Council:
The Tillsonburg Fairboard appreciates the ongoing relationship they have with the Town of Tillsonburg. We
want to inform Council of the proposed work that is being planned over the next few years:
Project One:
-Cattle barn redoing front doors with barn style design and carrying themes down both sides where
windows were. If advertising approved, we will be doing every other (one with advertising and on barn -
style design)
-painting of the building, door, and windows to be done in spring to weather this time of year. (color ideas
not sure yet) We are open to ideas
- Advertising on cattle barn over wood windows to make appearance look better. We have been
approached by 6-8 businesses if approved by council. This issue was addressed at a Memorial Parks
Revitalization meeting and approved at that level
Project Two:
-Crystal Palace and redoing man door
-large garage door and small garage door with same design as cattle barn and painting the interior boards
Project Three:
-Paint Food Booth and Fairboard Office
-Redo facing of Food Booth with same design as Cattle Barn
-Rabbit Barn still to be decided on
Project Four:
-Installing alarm systems in buildings
Thanks
Rosemary Dean
Page 40 of 245
Page 1 of 2
Subject: 2020 Third Quarter Consolidated Financial Results
Report Number: FIN 20-38
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report FIN 20-38 2020 Third Quarter Consolidated Financial
Results as information.
SUMMARY
To provide Council with the January 1, 2020 to September 30, 2020 Town wide
consolidated financial results.
SUMMARY OF OPERATIONAL RESULTS
The attached spreadsheet summarizes by department the variances between 2020
actual results for the period ended September 30, 2020 and the 2020 YTD budget.
The third quarter results reflect an overall Town wide consolidated 2020 surplus of
$587,209. Many efficiencies and cuts to discretionary spending have been made to help
offset the financial pressures resulting from the Covid-19 pandemic which is contributing
to this figure; a year-end surplus is in fact anticipated. Additional information related to
the Covid-19 pandemic is provided in a subsequent report.
Questions or comments relative to the departmental 2020 third quarter revenues and
expenditures should be referred to the other members of the Senior Leadership Team
for commentary.
Page 41 of 245
FIN 20-38
Page 2 of 2
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A - 2020 Q3 Consolidated Operating Results
Report Approval Details
Document Title: FIN 20-38 2020 Third Quarter Consolidated Financial
Results.docx
Attachments: - FIN 20-38 - Appendix A - 2020 Q3 Consolidated Operating Results.pdf
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 18, 2020 - 4:48 PM
Michelle Smibert - Nov 18, 2020 - 6:53 PM
Page 42 of 245
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Levy, PILS 16,864,088 16,869,814 5,726
Grants 642,232 939,491 297,259
User Charges 4,002,948 3,514,038 (488,910)
Other Revenue 87,716 113,487 25,771
Specified Revenue 5,560 5,560
Contribution from Reserves 180,095 180,095
Total Revenues 21,596,984 21,622,485 25,501
Expenditures
Labour 7,353,003 7,023,479 329,524
Purchases 3,061,307 2,592,087 469,220
Contracted Services 4,149,565 4,091,102 58,463
Contribution to Reserves 208,700 505,075 (296,375)
Interfunctional Adjustments 403,793 401,779 2,014
Debt Principal & Interest 1,100,802 1,101,940 (1,138)
Total Expenditures 16,277,170 15,715,462 561,708
Total Net Levy 5,319,814 5,907,023 587,209
Development Charges
DC Revenue Collected (711,689)
DC Contribution to Reserves 711,689
Page 43 of 245
Page 1 of 3
Subject: 2020 Third Quarter Corporate Services Department Results
Report Number: FIN 20-39
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report FIN 20-39 2020 Third Quarter Corporate Services
Department results as information.
SUMMARY
To provide Council with the actual January 1, 2020 to September 30, 2020 Corporate
Services Department financial results.
SUMMARY OF OPERATIONAL RESULTS
Table 1: 2020 Operations Business Plan
Objective Target
Date
Status
IT Security – THI Q2 Q3 In progress
Negotiate long term contract with County
for Water/Wastewater billing
Q2 Q4 In progress; Contract
discussions with the County are
being finalized
Strategic Plan and Corporate Staff Plan
to meet Community Growth
Q2 Q4 In process; Consultant has
been selected.
Central Record Repository Q2 2021 Delay due to staffing vacancies
Electronic Communications Media
Policy& Strategy
Q2 Q3 In progress
Review banking arrangement Q3 2021 Deferred to 2021
Review legal arrangement Q3 Q4 In progress
Page 44 of 245
FIN 20-39
Page 2 of 3
Multi-Year Budget Q4 2021 Deferred to 2021
Asset Management Plan Integrated into
2021 Budget
Q4 2021 Deferred to 2021
Integration of County Service Plan Q4
Physician Recruitment Q4
Q3
Updated Shared Physician
Recruitment & Retention Matrix
& Agreement; Approved by
Council
Local Government Week Q4 Postponed due to COVID-19
Table 2: 2020 Capital Business Plan
Objective Target
Date
Status
Annual Computer Replacement Q2 In progress
Contribution to Reserves from
Departmental Charges
Q4
Table 3: 2020 Additional Information
Objective Target
Date
Status
Audited 2019 Financial Statements Q2 Complete
2020 Interim Audit Q4 In progress
FINANCIAL IMPACT/FUNDING SOURCE
The 2020 second quarter Corporate Services Department surplus is $202,908. This is
broken down as follows:
Department 100 – Council $ 37,148
Department 110 - Finance 165,858
Department 120 - Customer Service (98)
$ 202,908
Details on major variances can be found in the attached Q 3 results spreadsheet some
of which include increased interest revenue and the timing of transfers to reserves.
Page 45 of 245
FIN 20-39
Page 3 of 3
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A - 2020 Q3 Corporate Services Operating Results
Report Approval Details
Document Title: FIN 20-39 2020 Third Quarter Corporate Services Department
Results.docx
Attachments: - FIN 20-39 - Appendix A - 2020 Q3 Corporate Services Operating
Results.pdf
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 18, 2020 - 4:50 PM
Page 46 of 245
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 427,950 575,583 147,633 (34%) 1
User Charges 26,644 27,590 946 (4%)
Other Revenue 18,751 67,283 48,532 (259%) 2
Contribution from Reserves 90,310 90,310 3
Total Revenues 473,345 760,766 287,421
Expenditures
Labour 1,191,394 1,093,968 97,426 (8%) 4
Purchases 441,888 406,510 35,378 (8%) 5
Contracted Services 460,398 437,889 22,509 (5%) 6
Contribution to Reserves 275,512 (275,512) 7
Interfunctional Adjustments (459,973) (458,609) (1,364) (0%)
Total Expenditures 1,633,707 1,755,270 (121,563)
Total Net Levy (1,160,362) (994,504) 165,858
Development Charges
DC Revenue Collected (45,514)
DC Contribution to Reserves 45,514
Notes
1 OCIF Formula Funding
7 OCIF formula funding contributed to reserves - $147,632; Bank interest earned relating to Reserve account $37,570 Prior Year
surplus $90,310;
3 Prior Year surplus
4 Net labour under - Vacant positions in HR, Finance staffing transition and Clerks PT summer student not filled due to COVID
5 Training Expense under $17,200; Special Projects under $11,500
6 Legal under $6,700; Equipment Maintenance contract under $11,000 - IT
2 Bank interest earned relating to Reserve account and having a positive balance in the Town's main operating account
Page 47 of 245
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 221,213 214,321 (6,892)(3%)
Other Revenue 0 0
Total Revenues 221,213 214,321 (6,892)
Expenditures
Labour 345,128 352,086 (6,958) (2%)
Purchases 76,472 54,364 22,108 (29%) 1
Contracted Services 22,250 35,588 (13,338) (60%) 2
Interfunctional Adjustments (191,250) (196,128) 4,878 (3%)
Debt Principal & Interest 1,450 1,346 104 (7%)
Total Expenditures 254,050 247,256 6,794
Total Net Levy (32,837) (32,935) (98)
Notes
1 Supplies Expense under $11,900, Training under $4,300
2 Subcontractor Expense over $13,300 - Cleaning, Snow removal and minor repairs
Page 48 of 245
2020 2020 Actual % Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Contribution from Reserves
Total Revenues
Expenditures
Labour 143,588 146,584 (2,996) (2%)
Purchases 105,112 65,207 39,905 (38%) 1
Contracted Services 3,122 1,832 1,290 (41%)
Contribution to Reserves 10,000 10,000 0%
Interfunctional Adjustments 19,125 20,176 (1,051) (5%)
Total Expenditures 280,947 243,799 37,148
Total Net Levy (280,947) (243,799) 37,148
1 Cultural Grant returned from TVDSB relating to 2019 - $2,825, Doctor Recruitment Expense not spent
Page 49 of 245
Page 1 of 6
Subject: 2020 Third Quarter Economic Development & Marketing Results
Report Number: DCS 20-27
Author: Cephas Panschow, Development Commissioner
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives Report DCS 20-27, 2020 Third Quarter Economic Development
and Marketing Results, as information.
BACKGROUND
The impact of the Coronavirus pandemic has significantly impacted departmental
activity since mid-March. Additional impacts are anticipated for the remainder of the
year.
See Appendix A – Operating and Capital Financial (Cost Code) Summary
Economic Development Activity
Overall, 2020 activity metrics Year to Date (YTD) have been impacted by the pandemic
shutdown. However, some positive areas include continued solid investment interest
with 28 lead files opened YTD and 12 client visits regarding potential investments in th e
Town, which is above target. One of the leads generated in 2020 have resulted in an
investment so far (cannabis retail that was approved at Council for 52 Simcoe St).
Q3 2019 (ACTUAL) Q3 2020 (TARGET) Q3 2020
(ACTUAL)
Lead Files Opened 46 55 49
Lead Files Closed 47 45 36
Corporate Visits 15 18 10
Client Visits 23 14 25
Page 50 of 245
DCS 20-27
Page 2 of 6
New Businesses
Opened
18 11 11
Businesses Closed 4 N/A 9
Website Activity
(Main Business
Page)
1,355 2,550 1,633
Website Activity
(Business Directory)
3,885 4,800 2,345
Despite the pandemic, lead investment files opened are slightly higher than 2019 Year-
to-date. Investment client visits are both higher than last year’s actuals and the Year -to-
Date target. A number of metrics, including Corporate Visits to local companies, are
lower due to pandemic restrictions. New businesses opened are on target, but lower
than last year while Businesses Closed are higher as well.
New Businesses
Quarter Business Name/Address
Q1 Enchanted Eats – 38 Ridout St W
Boss Leaf – 7 Brock St E
Q2 Protrans – 261 Tillson Ave
Fresh Auto – 671 Broadway
Rinconcito – 1 Library Lane
Drive Through Oil Change – 593 Broadway
Q3 Flippin' Mikes – 110 Broadway
Tillsonburg Hobby Centre – 5 Baldwin St
Morison Insurance – 19 Brock St W
Grower Supply – 510 Broadway
Beauty Hunter – 150 Broadway
Closed Businesses
Quarter Business Name/Address
Q1 Cup & Cake – 38 Ridout St W
Q2 Twins/Lucky Chinese Buffet – 38 Oxford St
Corner Griddle – 110 Broadway
Pro Oil Tillsonburg – 593 Broadway
Page 51 of 245
DCS 20-27
Page 3 of 6
Mobile Mend – 5 Baldwin St
Q3 Gospel Lighthouse – 147 Broadway
ER Adams Insurance – 19 Brock St W
King Mattress & Appliance – 510 Broadway
Pic this Studio – 150 Broadway
The below tables summarize the status of the 2020 Business Plan Operating and
Capital Budget objectives.
Table 1: 2020 Business Plan Objectives – Operating Budget
Objective Budget
Value
Target Date Status
Residential Marketing
Campaign
$31,000 Q Q4Q4 Not initiated
Downtown Community
Improvement Plan
(Façade)
$31,000 Q4 Reallocated per BIA request to
Council and used for their
Emergency Relief Support
Program
Community
Improvement Plan
$20,000 Q4 One application for 38 Ridout St
W has been approved by
Council.
Economic Development
Strategy
Implementation
$10,000
Q4 Data review and public
consultation workshops
completed. Strategy
development underway.
Enhanced Business
Processes
$10,000 Q4 Subscription to company
prospecting tool completed.
Further enhancements will be
considered.
Branding – Wayfinding
Signage & Ongoing
Q4 In process
High Tech
Manufacturing Action
Plan
$2,000 Q4 Not initiated
Van Norman Innovation
Park – Clearview Dr
Extension & SWM Pond
Construction
Q4 Preliminary earthworks tender
awarded and contractor
preliminary earthworks contract
underway. Servicing tender
anticipated to be released.
Rezoning for south lands
submitted. Electrical grid design
completed to 90% level.
Page 52 of 245
DCS 20-27
Page 4 of 6
Town Hall Project Initiated per report CAO 20-07
Town Hall Project Options
Western Region
Ringette Association –
Regional Event
$1,000 Q2 Plan to hold it in Tillsonburg for
two years was changed.
Chamber Sponsorship
(Grant for Gala)
$4,000 Q2 Virtual event scheduled for
November 19
Chamber Sponsorship
(Awards)
$3,800 Q2 Virtual event scheduled for
November 19
Service Level Increase
– Marketing/External
Communications
$12,500 Q3 Not initiated.
Youth Robotics
Challenge
$1,000 Q4 Not initiated
Bridges to Better
Business
$1,000 Q4 Not initiated
Table 2: Additional Business Plan Objectives
The below is a summary of activities, in addition to those in the Business Plan, that
were added to the workplan for the First Quarter.
Objective Details
Coronavirus Pandemic Staff within the Department were re-allocated to focus
on the Town’s Emergency Operations Centre.
Creation of the Mayor’s Working Group to address
business support and future recovery. Business
impact surveys released and results aggregated with
Western Ontario Warden’s Caucus to support
advocacy for Southwestern Ontario.
Goals For Next Quarter (Q4 2020)
Objective Details
Van Norman Innovation Park –
Clearview Dr Extension &
SWM Pond Construction
Obtain ECA approval from County, release servicing
tender, obtain electrical network design, obtain zoning
Page 53 of 245
DCS 20-27
Page 5 of 6
DISCUSSION
It is clear that the business plan objectives for the remainder of 2020 will be impacted by
pandemic planning and recovery. The main focus will be work on the Van Norman
Innovation Park and securing investment for the Town.
CONSULTATION/COMMUNICATION
The reporting of quarterly results helps demonstrate accountability to Senior
Leadership, Town Council, and the public. In addition to this, the Economic
Development Advisory Committee is provided with a summary of this rep ort at their
regular meetings.
FINANCIAL IMPACT/FUNDING SOURCE
The Economic Development & Marketing Department variances for the second quarter
of 2020 are as follows:
Department Variance (Brackets
denote over budget)
Explanation
Economic Development &
Marketing
$48,561 Fund CIP program
Full time labour under
$21,600 - vacancy
Part time labour under
$15,800
CIP program over $65,000
Development &
Communications
$6,696 Discover Tillsonburg
Advertising revenue under
budget
Discover Tillsonburg
expenses under budget
TOTAL $55,257
Staff anticipate that the Discover Tillsonburg budget will not be spent resulting in an
anticipated surplus from that budget. In addition to this, there is anticipation to be
savings in the Economic Development & Marketing budget related to deferred fu ll and
part time labour costs as well as lower expenditures due to reductions in activities due
to the pandemic.
Page 54 of 245
DCS 20-27
Page 6 of 6
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Operating and Capital Financial (Cost Code) Summary
Report Approval Details
Document Title: DCS 20-27 Third Quarter Economic Development and
Marketing Results.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Sheena Pawliwec - Nov 13, 2020 - 6:17 AM
Kyle Pratt - Nov 18, 2020 - 12:59 PM
Michelle Smibert - Nov 18, 2020 - 1:01 PM
Page 55 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 7,550 (649)(8,199)(109%)1
Total Revenues 7,550 (649)(8,199)
Expenditures
Purchases 46,762 31,215 15,547 (33%)2
Interfunctional Adjustments 3,150 3,150 0%
Debt Principal & Interest 96,800 97,452 (652) (1%)
Total Expenditures 146,712 131,817 14,895
Total Net Levy (139,162)(132,466)6,696
Notes
1 Discover Tillsonburg Advertising Revenue
2 Discover Tillsonburg Expenses
Page 56 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 5,000 5,000 0%
User Charges 53,000 55,625 2,625 (5%)
Contribution from Reserves 65,000 65,000 1
Total Revenues 58,000 125,625 67,625
Expenditures
Labour 240,393 204,676 35,717 (15%)2
Purchases 74,165 69,359 4,806 (6%)
Contracted Services 13,903 77,212 (63,309) (455%)3
Contribution to Reserves 38,000 38,000 0%
Interfunctional Adjustments (10,800) (14,472) 3,672 (34%)
Debt Principal & Interest 14,659 14,609 50 (0%)
Total Expenditures 370,320 389,384 (19,064)
Total Net Levy (312,320)(263,759)48,561
Notes
1 To fund CIP program
2 Full time labour under $21,600 - vacancy; Part time labour under $15,800
3 CIP program over $65,000
Page 57 of 245
Page 1 of 8
Subject: Third Quarter Building, Planning & By-Law Services
Report Number: DCS 20-26
Author: Geno Vanhaelewyn
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives Report DCS 20-26 - Third Quarter Report Building, Planning & By-Law
Services as information.
EXECUTIVE SUMMARY
This report contains information on activity volumes, trends over time, financials and updates on
major initiatives. The statistics provided are inclusive from January 1, 2020 to September 30,
2020.
BUILDING SERVICES
Construction activity in the Town of Tillsonburg ha s continued to remain record setting. Both the
number of permits issued and total value of construction surpassed previous years. The major
contributor to the increase in activity was recorded in the residential sector. These statistics are
noted in the tables that follow.
2020 – Building Permit Activity Overview - Q3 ending (Jan 1/20 – Sept 30/20)
Total Permits Issued 368
Total Construction Value $44,239,200
Total Permit Revenue $572,220
Page 58 of 245
DCS 20-26
Page 2 of 8
Value of Construction by Sector (Jan 1/20 – Sept 30/20)
Value of Construction Comparisons (Jan 1/20 – Sept 30/20)
TYPE 2014 2015 2016 2017 2018 2019 2020
Residential
(Value) 11,490,650 10,324,893 18,157,198 17,016,615 28,232,022 37,280,328 38,343,997
Commercial
(Value) 1,108,797 684,728 4,044,397 1,271,159 6,346,180 1,735,984 2,022,905
Industrial
(Value) 1,477,900 272,600 2,102,500 488,804 1,428,002 357,747 3,781,580
Institutional
(Value) 17,605,392 1,379,173 75,114 546,900 2,393,665 3,740,840 90,718
TOTAL 31,682,739 12,661,394 24,379,209 19,323,478 38,399,869 43,114,899 44,239,200
Page 59 of 245
DCS 20-26
Page 3 of 8
Number of Permits Issued (Jan 1/20 – Sept 30/20)
TYPE 2014 2015 2016 2017 2018 2019 2020
Single Detached
Dwellings 55 39 84 64 65 57 82
Total Dwelling
Units 58 62 84 70 170 225 125
Total All Permits 309 220 341 351 348 362 368
Residential Development
DEVELOPER NUMBER OF SINGLE
DETACHED DWELLINGS
Hayhoe Homes 50
Wagler Homes 6
Riviera Homes 1
Bamford Homes 1
Oxford Builders – Annandale Phase 7 2
Trevalli Homes Ltd – Beech Boulevard 14
Misc. 5
Private 3
Inspection Activity Comparisons (Jan 1/20 – Sept 30/20)
Output Measures/Activity Quantity 2017 Quantity 2018 Quantity 2019 Quantity 2020
Building Inspections Completed 1704 1825 1641 1782
Major Construction/Development Projects:
253 Broadway – new commercial/residential
136 Concession Street East – new 5 story/49 unit apartment building
83 Rolph Street – public school to apartment conversion – 47 units
3 John Pound – new 4 story/33 unit apartment building
6 Rouse – new church – New Brethren Church
Page 60 of 245
DCS 20-26
Page 4 of 8
150 Concession W – renovation/addition to church – Christian Reformed Church
18 Harvest – new church - First Baptist Church
360 Quarter Town Line – new townhouse condos
Andrews Crossing Subdivision – Phase 1 & 2
Sandy Court Subdivision
Building Financial Impact
Financial records indicate that the Building sector has a surplus of $258,152 at the end of Q3.
The increase in activity and project value of construction is a direct result of the increase in
revenue found in the financial records. The forecast for year end is to be on budget with an
estimated $300,000 contribution to the Building Permit Reserves.
PLANNING SERVICES
2020 Planning activity has continued to remain very active particularly with continued increase in
activity in site plan approvals and zone changes.
Planning Activity (Jan 1/20 – Sept 30/20)
Output Measures/Activity 2016 2017 2018 2019 2020
Minor Variance Applications 12 8 18 14 11
Zone Change Application 6 11 9 10 15
Site Plan Formal Consultations 4 5 2 2 2
Site Plan Approvals 10 3 5 10 11
Site Plan Applications (in progress) 5 5 11 5 3
Subdivision Agreements 4 2 0 3 3
Pre-Servicing Subdivision Agreements 1 0 3 2 3
Draft Plan of Subdivision Approval Ext. 2 2 2 1 2
Site Plan Applications (in progress)
101 North Street East – townhouse development
28 Old Vienna Road – townhouse project
183 Tillson Ave – existing commercial
Page 61 of 245
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Page 5 of 8
BY-LAW SERVICES
Records indicate that by-law and property standard enforcement activities and occurrences are
consistent with previous years. There were reductions in parking tickets issued and animal
licensing and the variances noted from previous years are directly related to COVID -19. These
activities are noted in the table below.
By-Law Activity (Jan 1/20 – Sept 30/20)
Output Measures– Quantity 2017 2018 2019 2020
Parking Tickets Issued 440 503 466 209
Animal Tags Issued
Cats 1023 970 1301 879
Dogs 2261 2501 2193 1929
Enforcement –
Complaints and
Occurrences
Parking, Noise,
Garbage, Taxi 107 119 - 211
Property Stds,
Zoning, Clean
Yard, Sign,
Fence, etc.
283 244 - 177
Animal Control 262 205 - 200
By-Law Financial Impact
Financial records indicate that the By-Law sector has a surplus of $17,605 at the end of Q3. The
forecast for year end is to be on budget. A copy of the financial summary has been attached to
this report.
Page 62 of 245
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Page 6 of 8
DEPARTMENTAL TASKS/BUSINESS OBJECTIVES
2020 Business Plan Objectives
Objective Target Project Status
Complete Amanda Building Permitting Software Solution
Implementation and Mobility Q2 Q4 In Progress
Communicate Building Code Amendments Q4 Completed
Develop Post-Disaster Event Protocol/Procedures Q4 In Progress
Review Permit Submission Web Portal Options & Digital
Service Delivery Q4 In Progress
By-Law Reviews – Building By-Law Q2 2021 Not Started
By-Law Reviews – Animal Control Q2 Q4
In Progress (Public
consultation on hold
– COVID-19)
Central Area Design Study – Vehicular/Pedestrian
Movement Reconfiguration – Town Centre Mall Rear
Entrance Proposal
2021
In Progress (Public
consultation on hold
– COVID-19)
Central Area Design Study – Public Objectives – Alley
Connecting Walkways Proposal 2021
In Progress (Public
consultation on hold
– COVID-19)
Central Area Design Study – Façade Improvement
Program Q4
In Progress (2020
funding reallocated –
COVID-19)
Review Planning Process & Procedures Q1 Q4 In Progress
Zoning By-Law Review & Housekeeping Amendments Q1 Q1
2021 In Progress
Review Site Plan Approval By-Law & Process Q1 Completed
CONSULTATION
N/A
Page 63 of 245
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Page 7 of 8
FINANCIAL IMPACT/FUNDING SOURCE
See attached financials.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
- 2020 Q3 Budget vs Actuals – Building
- 2020 Q3 Budget vs Actuals - Protection
Page 64 of 245
DCS 20-26
Page 8 of 8
Report Approval Details
Document Title: DCS 20-26 - 2020 Third Quarter Building,Planning,By-Law
Services.docx
Attachments: - 2020 Q3 Budget vs Actuals - Building.pdf
- 2020 Q3 Budget vs Actuals - Protection.pdf
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Sheena Pawliwec - Nov 13, 2020 - 9:38 AM
Kyle Pratt - Nov 18, 2020 - 1:18 PM
Michelle Smibert - Nov 18, 2020 - 1:21 PM
Page 65 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 367,464 615,335 247,871 (67%)1
Contribution from Reserves
Total Revenues 367,464 615,335 247,871
Expenditures
Labour 356,580 350,115 6,465 (2%)
Purchases 27,725 23,913 3,812 (14%)
Contracted Services
Interfunctional Adjustments 25,276 25,272 4 (0%)
Total Expenditures 409,581 399,300 10,281
Total Net Levy (42,117)216,035 258,152 2
Notes
1 Permit Revenue - $227,900
2 Any surplus at year end will contributed into the Building Obligatory Reserve
Page 66 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 77,475 57,242 (20,233)(26%)1
Total Revenues 77,475 57,242 (20,233)
Expenditures
Labour 172,985 142,231 30,754 (18%)2
Purchases 26,000 26,902 (902) (3%)
Contracted Services 13,823 5,833 7,990 (58%)3
Interfunctional Adjustments 21,299 21,303 (4) (0%)
Total Expenditures 234,107 196,269 37,838
Total Net Levy (156,632)(139,027)17,605
Notes
1 Licence fees under $19,000 - Animal control $11,900; Reduction of Parking Enforcement revenue resulting from COVID
2 Net labour under $32,200 - Crossing Guards Savings
3 Subcontractor Expense - Animal control
Page 67 of 245
Page 1 of 4
Subject: Fire Third Quarter Report 2020 Department Results
Report Number: FRS 20-14
Author: Brad Lemaich, Fire Chief / CEMC
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Report FRS 20-14 Third Quarter 2020 Department Results be received for
information.
EXECUTIVE SUMMARY
To provide Council with the January 1 to September 30, 2020 Fire & Rescue Services
performance results.
SUMMARY OF OPERATIONAL RESULTS
2020 Business Objectives
Objective Target Date Status
Continued Training and Implementation of Cad
Upgrade at Fire Comm. (continuation of 2019) Ongoing Ongoing
Technical Rescue Equipment Purchase Q2 Complete
Multi- Year Firefighter Training Program ( 3 Year) Q4 Resumed and Ongoing
Traffic Signal Priority Control System Q2 Incomplete
Reserve Firefighter Program 2020 Q4 5 remain in training
Reserve Firefighter Training Q4 Graduation Resumed
Fire Commutations Customer Development Q4 Ongoing
Fire Ground Equipment Purchase Q3 Ongoing
Succession Management Hire of Deputy Chief
Replacement and FPO Ongoing Ongoing
Purchase of SCBA Q3 Complete
Training on SCBA Q3/Q4 Complete
CEMP Update 2020 Accreditation Q4 Currently in process
Page 68 of 245
Choose an item. Click here to enter text.
Page 2 of 4
Key Indicators
27 Firefighters on average attended training exercises with an average participation rate
of 90%. The year to date average is 26 Firefighters attending an average of 82% of
training exercises.
The Average firefighter, year to date, has attended 52% of “Platoon” calls and 58% of
“All Calls”.
2020 Alarm Data (Year to Date)
OFM Response Type Total Incidents Total Staff Hours
Property Fires/Explosions 10 193
Burning Controlled 8 21
Pre Fire Conditions/ No Fire 1 10
False Fire Calls Alarm Activations 53 244
Carbon Monoxide False Calls 19 77
Public Hazard 26 154
Rescue MVC 26 117
Medical/Resuscitator Call 41 81
Other Responses 47 145
YTD 231 1042
2020 Dollar Loss / Loss Prevention
Number of
Working Fire
Incidents
Estimated
Property Value
at Risk
Estimated
Structure Fire
Loss
Estimated
Content Fire
Loss
Property Fire
Loss Prevented
Q1 2 500,000 200,000 100,000 200,000
Q2 4 14,500,000 12,500 1,500 14,486,000
Q3 4 945,000 10,000 45,000 890,000
Q4
Year to Date Total Fire Loss (structure & contents): $369,000
Fire Prevention Inspections
3rd Quarter 2020 Year to Date
Assigned 4 6
In Progress 0 5
Follow Up 0 1
Legal Action 0 0
Rescinded 0 0
Closed 10 33
Page 69 of 245
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Page 3 of 4
Apparatus Utilization
Apparatus 2020
3rd Quarter
2020
Year to Date
2019
3rd Quarter
2019
Year End
Car 1 9 14 13 24
Car 2 7 42 20 42
Pumper 1 86 168 65 197
Pumper 2 32 43 15 55
Rescue 3 24 81 22 60
Aerial 4 46 70 37 112
Public Education
Types 2020
3rd Quarter
2020
Year to Date
2019
3rd Quarter
2019
Year End
Station Tours 2 2 2 10
Presentations 1 2 1 11
Newspaper/Media 0 0 0 2
Charity Event 1 1 3 16
Social Media 60 72
Fire Communication Report
Town of Tillsonburg Calls
2020
3rd Quarter On Call Called Out 2020
YTD On Call Called Out YTD
Town Administration 127 N/A 391 N/A
OPP 41 N/A 77 N/A
Roads 15 6 105 19
Hydro 247 27 474 54
Water/Waste 22 5 67 16
By-Law Enforcement/Parking 4 0 13 0
Animal Control 17 1 31 2
Garbage Collection/Transfer Station 5 0 40 0
Fleet 2 1 4 1
Community Centre/Parks 12 1 31 4
Facilities 4 0 7 0
Tillsonburg Fire
2020 3rd Quarter 2020 YTD
Administration Lines 340 502
Fire Incidents 97 231
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Page 4 of 4
Fire Comm
2020 3rd Quarter 2020 YTD
Emergency Calls 2791 5757
Non Emergent Calls 1433 5549
Fire Incidents 1218 2549
FINANCIAL IMPACT/FUNDING SOURCE
Fire Service Budget is over-budget by $81,725
- Unbudgeted labour costs to service new contracts (4 part-time hires).
- Equipment maintenance contract over to service new dispatch contracts.
- $23,488 in unbudgeted revenue is 60 day total (billing cycle began Aug 1, 2020).
Additional $70,465 to be realized at year end.
- Training savings realized due to Covid-19 restrictions
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
ATTACHMENTS
Appendix A – 2020 Quarterly Report Budget vs Actuals – Fire Q3
Page 71 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 209,945 233,433 23,488 (11%)1
Total Revenues 209,945 233,433 23,488
Expenditures
Labour 832,906 917,886 (84,980) (10%)2
Purchases 159,979 147,643 12,336 (8%)3
Contracted Services 91,041 114,308 (23,267) (26%)4
Contribution to Reserves 45,000 45,000 - 0%
Interfunctional Adjustments 210,448 219,769 (9,321) (4%)
Debt Principal & Interest 28,356 28,337 19 (0%)
Total Expenditures 1,367,730 1,472,943 (105,213)
Total Net Levy (1,157,785)(1,239,510)(81,725)
Development Charges
DC Revenue Collected (58,336)
DC Contribution to Reserves 58,336
Notes
3 Training Expense under $14,400
4 Equipment Maintenance contract over $20,700 - Dispatch
1 Dispatch Revenue over
2 Net labour over - Full time under $77,100 - vacancy; Full time OT over $13,500; Part time over $139,200; Part time OT
$9,400
Page 72 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 72,500 154,221 81,721 (113%)1
User Charges 235,099 248,747 13,648 (6%)2
Contribution from Reserves
Total Revenues 307,599 402,968 95,369
Expenditures
Labour 20,436 20,908 (472) (2%)
Purchases 50,488 31,476 19,012 (38%)3
Contracted Services 2,579,926 2,592,235 (12,309) (0%)
Contribution to Reserves 14,478 (14,478) 2
Interfunctional Adjustments 5,926 5,922 4 (0%)
Total Expenditures 2,656,776 2,665,019 -8,243
Total Net Levy (2,349,177)(2,262,051)87,126
Development Charges
DC Revenue Collected (5,269)
DC Contribution to Reserves 5,269
1 Provincial Grant revenue - Community Safety
2Miscellanous Revenue - Police Auction, Contributed to Police Service Board Reserve
3 HLW under $10,500; training under $3,100 -Police Service Board
Page 73 of 245
Page 1 of 5
Subject: 2020 Third Quarter Operations Services
Report Number: OPS 20-38
Author: Carlos Reyes, Director of Operations
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives Report OPS 20-38, 2020 Third Quarter Operations Services results
as information.
DISCUSSION
To provide Council with the July 1, 2020 to September 30, 2020 Operations Services
financial results.
Table 1: 2020 Operating Business Plan
Objective Target Date Project
Status/
Comment Implementation of Inter-Community Transit Service Q2 Q3 Completed
Renegotiations of West Town Line Boundary
Road Agreement Q2 Q2 2021 Not Started
Renegotiations of Solid Waste and Recycling
Collection Agreement with Oxford County Q3 Q4 In Progress
Renegotiations of Urban Road Maintenance
Agreement with Oxford County Q4 Q2 2021 Not Started
Renegotiations of Water Distribution and
Wastewater Collection Agreement with Oxford
County
Q2 Q2 2021 In Progress
Develop a Sanitary Inflow and Infiltration Program Q2 Q3 Completed
Ontario One-Call Alternative Locate Agreements Q1 Q2 Completed
Implement a Watermain Foam Swabbing Program Q3 2022 Deferred
Downtown Sidewalk By-law 2189 Update Q2 Q1 2021 In Progress
Page 74 of 245
OPS 20-38
Page 2 of 5
Airport Development Manual Q2 Q3 Completed
Town Owned Hangar Development Business Case Q2 Completed
Investigate Private Woodlot East of Runway
08-26 Removal Options Q3 Q1 2021 In Progress
Airport General Aviation Area Stormwater
Management Q1 Q3 Completed
General Aviation Access Road Investigation Q4 Q3 Completed
Finalize Engineering Design Criteria & Standard
Drawings Q3 Q1 2021 In Progress
Asset Management
Complete AMP Implementation Project
Improve Core Asset Capital Plan from detailed
AMP
Q2 Q1 2021
Q3 Q1 2021
In Progress
Not Started
Lincoln Street Reconstruction Detailed Design Q4 – Q2 2021 Not Started
Goshen Street Reconstruction Detailed Design Q4 – Q2 2021 Not Started
Townline Rd. Reconstruction Preliminary Design Q4 – Q2 2021 Not Started
Table 2: 2020 Capital Business Plan
Objective Target
Date Project Status
Airport NAV CANADA Instrument Approach
Procedure Upgrade Q1 Q3 Completed for 2020
Airport Drainage Channel Restoration Q3 Q2 Completed
Airport Master Plan Q4 Q2 2021 In Progress
Sidewalk Connectivity Program Q3 Q2 Completed
Road Condition Assessments Q3 – Q4 Completed
Maintenance Hole Assessment Program Phase 1 of 2 Q4 Completed
Goshen Area Geotechnical Investigation Q1 Completed
Broadway & Bridge St. Intersection Audible
and Accessibility Upgrades Q3 Completed
Page 75 of 245
OPS 20-38
Page 3 of 5
Concession St. W. Reconstruction
Design (Charlotte to Rolph) Q3 Q4 In progress
Quarter Town Line & Beech Blvd Retaining
Wall Replacement Design Q3 Q4 In progress
Quarter Town Line at Stoney Creek Culvert
Retaining Wall Rehabilitation Design Q3 Q4 In progress
Young Street Storm Outlet Class
Environmental Assessment Q4 – Q2 2021 In progress
Watermain Looping – Langrell to Broadway Q2 Q3 Completed
Stoney Creek Sanitary Trunk Main Repair Q3 Q3 2021 In progress
Bloomer St. Storm Sewer Repair Q2 Q3 Completed
Asphalt Resurfacing Program Q3 Completed
Oxford/Simcoe St.
Rehabilitation (Broadway to
Vienna Rd)
Q4 Q3 Completed
Rolling Meadows Reconstruction Phase 1
of 2 (Tanager, Falcon) Q3 Q4 In progress
Rouse St. Sanitary Installation Q2 Q3 Completed
Light Duty Vehicles
Building Unit #34 – Replace SUV Q2 Completed
By-law Unit #36 – Reassigned SUV Q3 Completed
New Building Unit – SUV Q2 Completed
New Hydro Unit – Utility Van Q1 Q3 Completed
Medium Duty Vehicles
New Fire Unit – Command Vehicle Q3 Completed
New Water/Roads Unit – Service Truck Q3 Q2 Completed
Heavy Duty Vehicles
Roads Unit #60 – Replace Snowplow Truck Q2 Q3 In Progress (2year
delivery
Off Road Equipment
Water/Hydro/Roads Unit #86 – Replace
Backhoe
Q2 Q3 Completed
Roads Unit #84 – Replace Sidewalk Machine Q3 Completed
Page 76 of 245
OPS 20-38
Page 4 of 5
Hydro Unit #233 – Rehabilitate Cable Trailer Q3 Q2 Completed
Roads Unit #115 – Replace Line Striper Q1 Q2 Completed
Roads Unit #97 - Replace Loader Blade
Attachment
Q1 Q2 Completed
Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain,
Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the
associated incremental costs to maintain the additional infrastructure demonstrates the
efficiencies of continuous internal improvement.
Table 3: Key Indicators
Key Indicators 2019 2018 2017 2016 2015 2014
Roads (Lane km) 235.4 234.1 233.6 229.4 226.8 226.1
Sidewalks (km) 98.6 97.4 96.6 94.2 91.6 89.5
GOALS FOR NEXT QUARTER
Complete leaf collection program
Preparation for winter maintenance program
FINANCIAL IMPACT/FUNDING SOURCE
The consolidated 2020 Q3 Operations Services overall variance is summarized in Table 4.
Table 4: Third Quarter Budget vs. Actual Variance Summary
Department Surplus / (Deficit)
Operations Administration (30,734)
Engineering Services 63,039
Public Works 114,513
Waste Management 9,926
Municipal Parking (4,434)
Airport Operations (9,828)
Fleet Services 66,075
Transit Services 42,837
Total Variance 251,394
Page 77 of 245
OPS 20-38
Page 5 of 5
COMMUNICTY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
□ Demonstrate strong leadership in Town initiatives
□ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
□ Support new and existing businesses and provide a variety of employment
opportunities
□ Provide diverse retail services in the downtown core
□ Provide appropriate education and training opportunities in line with
Tillsonburg’s economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
□ Provide opportunities for families to thrive
□ Support the aging population and an active senior citizenship
4. Culture and Community
□ Promote Tillsonburg as a unique and welcoming community
□ Provide a variety of leisure and cultural opportunities to suit all interests
□ Improve mobility and promote environmentally sustainable living
Attachments:
Appendix A – Operating Summaries
Page 78 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 1,120,111 1,112,054 (8,057)(1%)
Total Revenues 1,120,111 1,112,054 (8,057)
Expenditures
Labour 244,525 241,253 3,272 (1%)
Purchases 411,435 335,649 75,786 (18%)1
Contracted Services 7,500 12,323 (4,823) (64%)
Contribution to Reserves 100,000 100,000 0%
Interfunctional Adjustments 5,999 6,003 (4) (0%)
Debt Principal & Interest 201,481 201,580 (99) (0%)
Total Expenditures 970,940 896,808 74,132
Total Net Levy 149,171 215,246 66,075
Development Charges
DC Revenue Collected (69)
DC Contribution to Reserves 69
Notes
1 Fuel purchases under $51,300; Equipment rental & repairs under $12,600
Page 79 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Total Revenues
Expenditures
Labour 194,683 228,670 (33,987) (17%)1
Purchases 10,031 9,334 697 (7%)
Interfunctional Adjustments (11,025) (13,581) 2,556 (23%)
Total Expenditures 193,689 224,423 (30,734)
Total Net Levy (193,689)(224,423)(30,734)
Notes
1 Strategic personnel changes
Page 80 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants
User Charges 8,945 16,700 7,755 (87%)1
Total Revenues 8,945 16,700 7,755
Expenditures
Labour 372,588 347,820 24,768 (7%)2
Purchases 20,816 15,574 5,242 (25%)3
Contracted Services 37,100 10,476 26,624 (72%)4
Interfunctional Adjustments (125,325) (123,975) (1,350) (1%)
Total Expenditures 305,179 249,895 55,284
Total Net Levy (296,234)(233,195)63,039
Notes
3 Training Expense under
4 GIS Services relating to Asset management
1 Additional Inspections
2 FT labour under -Vacant Civil Designer Position
Page 81 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants
Total Revenues
Expenditures
Labour 768,867 734,050 34,817 (5%)1
Purchases 397,982 323,133 74,849 (19%)2
Contracted Services 175,255 170,044 5,211 (3%)
Interfunctional Adjustments 437,692 437,778 (86) (0%)
Debt Principal & Interest 333,142 333,420 (278) (0%)
Total Expenditures 2,112,938 1,998,425 114,513
Total Net Levy (2,112,938)(1,998,425)114,513
Development Charges
DC Revenue Collected (504,522)
DC Contribution to Reserves 504,522
Notes
1 Vacancies, allocation of staff time
2 Salt Supply Expense under $27,300; HLW under $30,600; Training under $11,800
Page 82 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Levy, PILS 140,300 120,771 (19,529)(14%)1
Total Revenues 140,300 120,771 (19,529)
Expenditures
Labour 22,725 10,985 11,740 (52%)2
Purchases 7,500 9,118 (1,618) (22%)
Contracted Services 28,000 22,962 5,038 (18%)3
Contribution to Reserves
Interfunctional Adjustments 34,574 34,578 (4) (0%)
Debt Principal & Interest 6,754 6,815 (61) (1%)
Total Expenditures 99,553 84,458 15,095
Total Net Levy 40,747 36,313 (4,434)
Notes
1 Write off - settlement of the mall reduction in value
2 Allocation of staff time
3 Subcontractor Snow Clearing Expense
Page 83 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants
User Charges 346,271 273,746 (72,525)(21%)1
Other Revenue 2 2
Total Revenues 346,271 273,748 (72,523)
Expenditures
Labour 89,689 84,074 5,615 (6%)2
Purchases 207,608 156,550 51,058 (25%)1
Contracted Services 23,505 16,737 6,768 (29%)3
Interfunctional Adjustments 15,300 16,102 (802) (5%)
Debt Principal & Interest 17,360 17,304 56 (0%)
Total Expenditures 353,462 290,767 62,695
Total Net Levy (7,191)(17,019)(9,828)
Notes
1 Fuel Sales/purchases
2 PT labour under
3 Subcontractor Snow Clearing Expense
Page 84 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants
User Charges 96,785 48,166 (48,619)(50%)1
Total Revenues 96,785 48,166 (48,619)
Expenditures
Labour 29,406 34,640 (5,234) (18%)2
Purchases 80,727 33,788 46,939 (58%)1
Contracted Services 84,749 72,795 11,954 (14%)3
Interfunctional Adjustments 103,877 98,991 4,886 (5%)
Total Expenditures 298,759 240,214 58,545
Total Net Levy (201,974)(192,048)9,926
Notes
1 Bag Tag sales/inventory purchases
2 Allocation of Staff time
3 Large Item Bins / Brush, Leaves, Grass - Transfer Station
Page 85 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 52,800 75,415 22,615 (43%)1
User Charges 19,350 12,435 (6,915)(36%)2
Total Revenues 72,150 87,850 15,700
Expenditures
Labour 20,153 15,518 4,635 (23%)
Purchases 1,505 2,104 (599) (40%)
Contracted Services 129,645 106,544 23,101 (18%)3
Interfunctional Adjustments 6,525 6,525 0%
Total Expenditures 157,828 130,691 27,137
Total Net Levy (85,678)(42,841)42,837
Notes
1 Safe Restart Grant - Transit Portion
2 Fare revenue under - ridership volume down due to COVID
3 Subcontractor Expense under - timing of invoices
Page 86 of 245
Page 1 of 6
Subject: Recreation, Culture & Parks 2020 Q3 Results
Report Number: RCP 20-40
Author: Christopher Baird, Director of Recreation, Culture & Parks
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Report RCP 20-40 – Recreation, Culture & Parks 2020 Q3 Results be received
as information.
BACKGROUND
This report provides Council with the July 1, 2020 to September 30, 2020 Department
year to date operational and financial results for Recreation, Culture & Parks.
DISCUSSION
2020 Business Objectives and Capital Projects
Division Item Target
Date Q3 Status RCP Administration Update MOU with BIA Q4 Complete
Develop RCP 10-Year Capital Plan Q4 Complete
Complete 2021 RCP Capital Budget Q4 Complete
Implement Recommendations from RCP
Departmental Service Review Q3 Complete & Ongoing
Tillsonburg Community Centre Aquatic
Rehabilitation Project 2021 Subject to
ICIP Grant Approval
Review and update MOUs and User
Agreements Q4 On schedule
Update Cemetery Bylaw Q4 On schedule
Complete Staffing Review & Recruitment Q4 On schedule
Capital Fundraising Strategy Q4 Delayed due to COVID-19 Program & Services Division Leafs Alumni Hockey Game Fundraising
Event Q1 Complete
Policy Implementation & Development Q1 Complete
Page 87 of 245
RCP 20-40
Page 2 of 6
Division Item Target
Date Q3 Status
(Rzone, Facilities Allocation,
Advertising)
Complete
Implementation of increased service
levels at TCC Q1 Complete
Grow participation in Corporate
Memberships and Personal Training 2021 Delayed due to COVID-19
Increase marketing of Halls and Meeting
Room Rentals to generate additional
revenue
2021 Delayed due to COVID-19 Culture & Heritage Division Increase School Programming 2021 Delayed due to COVID-19
Cultural Master Plan
Museum Strategic Plan Q2 2021 On schedule
Tillsonburg Sesquicentennial (2022) 2021 Delayed due to COVID-19 Parks & Facilities Division Implement recycling in select facilities Q1 Complete
Continued Town beautification with BIA
& Horticultural Society 2020 On schedule
Work with TMBI on Optimist, Kiwanis &
HB#1 ball diamond enhancements Q2 2021 On schedule
Update Corporate Facility Fire Safety
Plans Q4 On schedule
Replace indoor pool lane ropes & carts Q1 Complete
Annandale Diamond Lighting Upgrades 2022 Reschedule 2022
Refresh Memorial Park Picnic Pavilion Q4 Reschedule 2021
Install walls at Kinsmen Band Shell 2021 Reschedule 2021
Update signage at TCC/Memorial Park 2021 Reschedule 2021
LLWP New Waterslide Installation Q1 2021 Reschedule 2021
Scheduled roof work
(Station Arts & Public Works) Q3 Complete
Installation of new Columbarium Q3 Complete
Completion of Memorial Parking Lot Q4 Complete
Annual Playground Replacement
Glendale Park Q4 Complete
OPP Station HVAC upgrades 2021 Reschedule 2021
Customer Service Centre Facade Q2 2021 On schedule
Page 88 of 245
RCP 20-40
Page 3 of 6
Key Indicators 2020 2019 %
change Comment
Museum: attendance -
headcount
122 610 -34% Participants/rental
users/programs cancelled due
to COVID-19
Programs:
Advanced/Leadership -
headcount
71 24 98% Half is staff certifications for
First Aid and Airway
Management Courses
Programs: Aquatic
registrations - headcount
68
Enrolled
187
Attending
698 n/a No Lessons were offered
during July & August. Present
offering of lessons is very
small in comparison to 2019.
This is to ensure compliance
with all COVID procedural
regulations.
Programs: Public Swim
attendance - headcount
463 1716 -76% No indoor swims in July &
August
Programs: Memberships sold 326 571 -43% Memberships were
suspended during lockdown,
with option to reactivate in
September or continue Pay-
per-use. There were 405
voucher holders in Q3
Programs: Health Club
attendance - headcount
652 3529 -82% HC was closed for first half of
the quarter, attendance
capacity reduced due to
COVID-19
Programs: Water Fitness
attendance - headcount
484 1461 -100% Program not offered in July
and August. This is
attendance for September
Programs: Land Fitness
attendance - headcount
392 670 -39% Fitness programs did not
resume until the second half
of the quarter due to COVID-
19
Programs: Indoor walking
attendance - headcount
0 n/a n/a Program did not run in Q3 in
either 2019 or 2020
(seasonal)
Programs: Public Skating
attendance - headcount
n/a n/a n/a No offered in the summer
Programs: Roller Skating
attendance - headcount
n/a 48 -100% Program did not run in 2020
Programs: Squash Courts -
headcount
0 98 -100% Squash courts closed for Q3
Programs: Waterpark 3802 14738 -74% Waterpark opened late (July
Page 89 of 245
RCP 20-40
Page 4 of 6
Key Indicators 2020 2019 %
change Comment
attendance - headcount 11) and pool capacity was
greatly reduced due to COVID
Programs: Youth registrations
- headcount
57 2403 -98% No summer camp due to
COVID-19, limited number of
youth programs offered.
Programs not offered until
August 10.
Programs: Advertising revenue
(guide, boards, fences)
$13,069 $16,149 -19% No fence or guide advertising,
moved all arena billing to
September so this reflects the
arena board advertising
Programs: Rink bookings (ice)
-hours
440 394 12% Arena bookings were higher
after closure March-July
Programs: Mini-pad bookings -
hours
2.5 n/a n/a Mini pad was not tracked
separately in 2019
Programs: Rink floor bookings
(non-admin)
0 21 -100% Arena floor not available for
booking due to COVID-19
Programs: Tournaments
(ice/pool/field)
0 4 -100% Tournaments not permitted
under COVID restrictions
Programs: Room rentals (non-
admin)
0 143 -100% Room rentals not permitted
due to COVID restrictions
Programs: Aquatic user fees
collected
$2,672 $7,437 -64% Indoor pool closed until
September, water park at
reduced capacity
Programs: Rental insurance
program
$47.22 $531 -91 Halls and meeting rooms have
not been available to rent.
There have been a few arena
rentals that required
insurance.
Cemetery: Niche & Plot sales
(count)
22 54 -41% COVID restricted number of
purchases
Cemetery: Interments (count) 35 94 -37% COVID restrictions for burials
Page 90 of 245
RCP 20-40
Page 5 of 6
FINANCIAL IMPACT/FUNDING SOURCE
The RCP Department’s 2020 Q3 operational variance summary is as follows:
2020 Budget 2020 Q3
Budget
2020 Q3
Actuals Surplus/(Deficit)
Cemetery 113,900 89,378 167,180 (77,802)
Parks 735,300 569,822 441,364 128,476
Community Events 3,200 24,210 (1,098) 25,408
Recreation Programs 464,700 398,478 781,917 (383,439)
Facilities 2,509,700 1,721,091 1,622,358 98,733
EFC (33,200) (33,115) (35,541) 2,426
Museum 398,700 311,888 203,706 108,182
Operational Totals 4,221,100 3,081,852 3,179,868 (98,016)
Due to COVID-19 continued restrictions to programming and facility bookings at the
Community Centre and ANHS impacted Q3 revenue as continuation of Q2 closures.
While many cost saving measures have been implemented, the total loss of revenue for
several months of 2020 will be challenging for the Department to mitigate. All
discretionary expenditures will be held in abeyance to help minimize any year-end
deficits.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
Page 91 of 245
RCP 20-40
Page 6 of 6
ATTACHMENTS
Appendix A – 2020 Q3 RCP Quarterly Report Budget vs Actuals
Page 92 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 96,875 83,501 (13,374)(14%)1
Other Revenue 13,875 20,479 6,604 (48%)2
Total Revenues 110,750 103,980 (6,770)
Expenditures
Labour 97,636 172,164 (74,528) (76%)3
Purchases 29,837 31,862 (2,025) (7%)
Contracted Services 15,356 9,831 5,525 (36%)4
Interfunctional Adjustments 57,299 57,303 (4) (0%)
Total Expenditures 200,128 271,160 (71,032)
Total Net Levy (89,378)(167,180)(77,802)
Notes
4 Subcontractor Expense under $6,200
1 Plot Sales under $5,000; Services Revenue under $12,200
2 Interest Revenue
3 Net labour over - Allocation between Parks Department and strategic personnel changes
Page 93 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 14,337 19,989 5,652 (39%)1
Other Revenue 3,400 250 (3,150)(93%)
Contribution from Reserves 24,785 24,785 2
Total Revenues 17,737 45,024 27,287
Expenditures
Labour 189,782 123,426 66,356 (35%)3
Purchases 100,318 82,068 18,250 (18%)4
Contracted Services 152,636 135,302 17,334 (11%)5
Contribution to Reserves 11,300 12,039 (739) (7%)
Interfunctional Adjustments 73,426 73,422 4 (0%)
Debt Principal & Interest 60,097 60,114 (17) (0%)
Total Expenditures 587,559 486,371 101,188
Total Net Levy (569,822)(441,347)128,475
Notes
4 HLW under $12,600
5 Subcontractor under - Parks & Playgrounds $16,900
1 Miscellaneous Revenue
2 BIA MOU agreement
3 Net labour under - Allocation between Cemetery Department
Page 94 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 22,560 22,767 207 (1%)
User Charges 13,043 13,043 1
Other Revenue 13,583 13,583 1
Total Revenues 22,560 49,393 26,833
Expenditures
Labour 9,470 6,040 3,430 (36%)
Purchases 37,400 20,347 17,053 (46%)1
Contracted Services 21,906 (21,906) 1
Total Expenditures 46,870 48,293 (1,423)
Total Net Levy (24,310)1,100 25,410
1 Fundraising Events - Maple Leaf Alumni Game ( fares, donations, supplies and subcontractor expense) - any surplus from this
event will be contributed to the F.A.R.E. program
Page 95 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 32,022 32,025 3 (0%)
User Charges 972,965 397,293 (575,672)(59%)1
Other Revenue 39,800 7,553 (32,247)(81%)2
Total Revenues 1,044,787 436,871 (607,916)
Expenditures
Labour 1,119,333 942,982 176,351 (16%)3
Purchases 211,296 163,171 48,125 (23%)4
Interfunctional Adjustments 105,300 105,300 0%
Debt Principal & Interest 7,336 7,337 (1) (0%)
Total Expenditures 1,443,265 1,218,790 224,475
Total Net Levy (398,478)(781,919)(383,441)
Notes
3 Part time labour under $175,700; Part Time OT under $3,900
4 Program Supplies Expense under $39,900; Advertising Expense under $5,300; Training Under $9,000
1 Admissions under $46,700; Fares under $10,900; Memberships under $76,200; Seasonal Revenue under $21,600; Sports
fields under $23,400; Youth Programs under $143,200; Adult Programs under $37,000; Summer programs under $85,700;
Minor Hockey under $33,900; Figure skating under $24,600; Programs under $9,900; Rent revenue under $37,300; Concession
sales under $25,200
2 Special revenue under $19,200; Donation Revenue under $13,000
Page 96 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 5,725 3,172 (2,553)(45%)
Specified Revenue 5,560 5,560 1
Total Revenues 5,725 8,732 3,007
Expenditures
Labour 671,878 670,960 918 (0%)
Purchases 447,335 407,010 40,325 (9%)2
Contracted Services 242,106 181,739 60,367 (25%)3
Contribution to Reserves 5,628 (5,628) 1
Interfunctional Adjustments 60,750 60,750 0%
Debt Principal & Interest 304,747 305,003 (256) (0%)
Total Expenditures 1,726,816 1,631,090 95,726
Total Net Levy (1,721,091)(1,622,358)98,733
Development Charges
DC Revenue Collected (97,979)
DC Contribution to Reserves 97,979
Notes
1 LAS Natrual gas rebate
2 Supplies Expense under $14,600; HLW under $23,700; Training under $5,400
3 Equipment Maintenance Contract under $46,800 -Building Maintenance; Subcontractor Expense under $13,500 -Aquatics
Page 97 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
User Charges 79,726 79,660 (66)(0%)
Total Revenues 79,726 79,660 (66)
Expenditures
Purchases 1,891 969 922 (49%)
Contracted Services 11,700 10,109 1,591 (14%)
Contribution to Reserves 4,400 4,418 (18) 0%
Debt Principal & Interest 28,620 28,623 (3) (0%)
Total Expenditures 46,611 44,119 2,492
Total Net Levy 33,115 35,541 2,426
Page 98 of 245
2020 2020 Actual %Note
YTD Budget YTD Actuals Variance Variance Reference
Revenues
Grants 29,400 74,480 45,080 (153%)1
User Charges 11,217 2,357 (8,860)(79%)2
Other Revenue 11,890 4,309 (7,581)(64%)3
Total Revenues 52,507 81,146 28,639
Expenditures
Labour 218,858 181,819 37,039 (17%)4
Purchases 77,287 34,246 43,041 (56%)5
Contracted Services 52,050 52,585 (535) (1%)
Interfunctional Adjustments 16,200 16,200 0%
Total Expenditures 364,395 284,850 79,545
Total Net Levy (311,888)(203,704)108,184
Notes
1 Federal Grant - COVID-19
2 Program and admissions revenue
3 Special Programming Revenue - workshop & bus trips, lunch & learns, etc
4 Part time labour under $24,900; Full time labour under $10,600
5 Special Projects under $16,000 - Exhibits & Artifacts plus Cultural Programs; Special Events under $12,100 - workshop & bus
trip, lunch & learns, etc.
Page 99 of 245
Page 1 of 3
Subject: Legal Services RFP
Report Number: CLK 20-40
Author: Michelle Smibert, Town Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Duncan Linton LLP be retained as the Town’s Solicitor with the terms and
conditions outlined in the services agreement;
AND THAT a By-Law to authorize the agreement be brought forward for Council’s
consideration.
BACKGROUND
The Town of Tillsonburg’s agreement for legal services with Duncan Linton LLP expired
in 2020 and as such an RFP was issued for Legal Services. In total, the Town received
eight submissions for RFP #2020-014.
During the RFP process, provision was provided for some firms to provid e proposals for
employment law only and those proposals will be looked at/dealt with separately.
DISCUSSION
The evaluation committee used a matrix system to individually grade each submission.
Areas graded included: experience/references, support/admin team, specialty expertise,
accessibility to the Town (cost and convenience of access), value added services,
knowledge and familiarity working with similar sized municipalities and fee structure.
The evaluation committee met electronically with represe ntatives from the top two
proponents. While the evaluation committee felt that both firms would do a great job for
the Town, in the end the committee is recommending that Duncan Linton LLP be
retained to continue to provide our legal services.
CONSULTATION
CAO
Page 100 of 245
CLK 20-40
Page 2 of 3
FINANCIAL IMPACT/FUNDING SOURCE
Monies are budgeted yearly for legal services.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Legal Services Agreement
Page 101 of 245
CLK 20-40
Page 3 of 3
Report Approval Details
Document Title: CLK 20-040 - Legal Services RFP.docx
Attachments: - Retainer Agreement - Duncan Linton and Tillsonburg - Nov
2020 - clean.docx
- Retainer Agreement - Duncan Linton and Tillsonburg -
Executed by DL Nov 16 2020.pdf
Final Approval Date: Nov 17, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 17, 2020 - 7:22 PM
Page 102 of 245
RETAINER AGREEMENT
f'\_
THIS AGREEMENT MADE this [(flay of November, 2020.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
a municipal corporation incorporated pursuant to the laws of the Province of
Ontario
("Tillsonburg")
-and-
DUNCAN, LINTON LLP
a limited liability partnership carrying on the practice of law in and pursuant to
the laws of the Province of Ontario
("DL")
WHEREAS Tillsonburg issued Request for Proposal 2020-014 being a Proposal for Legal
Services (the "RFP");
AND WHEREAS DL submitted a proposal in response to the RFP dated October 14, 2020 (the
"DL Submission"); and
AND WHEREAS the DL Submission was accepted by Tillsonburg.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the
mutual covenants and agreements herein contained, and subject to the terms and conditions set
out in this Agreement, the parties hereto agree as follows:
1. The terms and conditions of the RFP, shall form part of and apply to this Retainer
Agreement . Any term not specifically defined in this Retainer Agreement shall have the
same meaning as provided in the RFP.
2. DL is retained to provide legal services as set out in the RFP and as may be requested
from time to time by Tillsonburg (the "Retainer").
3. Steven D. S. Ross will be the Designated Counsel for all areas oflaw stipulated in the RFP,
save and except Construction Law and Human Resources/Employment Law (when
applicable)which Designated Counsel shall be Michael A van Bodegom.
4. The Designated Counsel are the principal contacts of DL and will manage DL's
relationship with Tillsonburg. The principal contact for Tillsonburg is the Town Clerk,
Michelle Smibert.
Page 103 of 245
5. The fees for services rendered for the term of the Retainer shall be calculated on the basis
set out in Schedule A of this Retainer Agreement. These rates shall remain in effect and
shall not be increased during the term of the Retainer.
6. Tillsonburg and DL acknowledge that the list of legal services as set out in Schedule A
are illustrative of the type of work that falls within each category and non-exhaustive.
The determination of whether a given matter falls within Category One or Category Two
of Schedule A will be made at the time that initial instructions are given and the
applicable category will be specified on each account rendered by DL to Tillsonburg.
7. Tillsonburg acknowledges that a change in circumstances may result in a Category One or
Category Three matter becoming a Category Two matter.
8. Subject to early termination, the Retainer shall commence on January 1, 2021 and shall
continue for a term of five (5) years with one two (2) year extension.
9. Tillsonburg may terminate the Retainer at any time prior to the completion of its term,
either in whole or in part, with or without cause. In the event of early termination, DL
shall receive payment for the services performed to the date DL's services are terminated
and for any services performed after the date of termination.
10 . DL agrees to save, keep harmless and fully indemnify Tillsonburg,, its elected officials,
officers, employees and agents, from and against all actions, claims and demands
whatsoever which may be brought against or made upon Tillsonburg, and against all loss,
liability, judgments, claims, costs, demands or expenses that Tillsonburg may sustain as a
result from or arising out of DL's negligent actions or omissions in carrying out its
responsibilities under this Retainer Agreement.
11. This Agreement, the RFP and the DL Submission, shall form the entire agreement
between Tillsonburg and DL concerning the matters set out herein and there are no
warranties, representations or other Agreements between the parties in connection with
the subject matter of this Agreement except as specifically set forth herein.
12. This Agreement may be executed in any number or counterparts with the same effect as if
all parties had signed the same document. All counterparts shall be construed together,
and shall constitute one and the same agreement.
13. Subject to the restrictions on assignment, this Agreement shall enure to the benefit of and
be binding upon the parties and their respective successors and assigns.
Page 104 of 245
WITNESS WHEREOF the parties have signed and sealed this Agreement as of the day and year
first above written .
Per:
Per:
Per:
THE CORPORATION OF
THE TOWN OF
TILLSONBURG
Mayor
Michelle Smibert
Clerk
We have the authority to bind
The Corporation of the Town of
Tillsonburg
LLP
I have the authority to bind the
Partnership.
Page 105 of 245
SCHEDULE A
FEES FOR LEGAL SERVICES
Tillsonburg shall pay the legal fees according to the categorization of each matter as
follows:
CATEGORY ONE -GENERAL LEGAL ADVICE
Category One -including but not limited to:
• advising on council procedure, procedural by-laws and governance issues;
• conducting and advising on all types of real estate and commercial transactions;
• advising on legal issues relating to planning and subdivision of land and development
services;
• advising on and assisting with regulatory compliance (inclusive of freedom of information
and environmental issues);
• advising on and drafting contracts;
• advising on and drafting municipal procurement documents (ie, RFPs, tenders, etc.);
• advising the clerk on municipal election issues;
• advising on financial matters such as assessment, taxation, tax sales and debentures;
• adv ising on and drafting and enforcement of municipal by-laws and other regulatory
statutes (and the enforcement of regulatory statutes within the authority of
municipalities);
• advising on contract disputes;
• advising on employment/labour matters (inclusive of employment contracts, wrongful
dismissal, termination for cause and reasonable accommodation issues);
• small claims court matters; and,
• advising on municipal liability claims.
The hourly rates fo r all lawyers for Category One work shall be at a rate of $250 an hour.
Page 106 of 245
CATEGORY TWO -HEARINGS AND MATTERS THAT PRESENT THE
POSSIBILITY OF COST RECOVERY
Category Two -including but not limited to:
• the prosecution and defence of claims in the Superior Court ofJustice and Court of
Appeal;
• representing Tillsonburg before the Ontario Human Rights Commission, the Local
Planning Appeals Tribunal and other administrative tribunals; and,
• transactions in which a developer or owner is responsible for paying the municipality's
legal costs (eg., costs in relation to subdivision agreements, transfers, easements, site plan
agreements, releases, servicing agreements, highway closures and conveyances of land,
etc.).
The hourly rate for all Category Two work shall be:
Years of Experience of Lawyer Performing Proposed Hourly Rate
Services
Up to 5 years $250
6-12 years $260
13-20 years $300
Over 20 years $325
CATEGORY THREE -PROSECUTIONS
Category Three -including but not limited to:
• prosecutions before the Ontario Court ofJustice;
• the enforcement of by-laws under the Provincial Offences Act; and,
• prosecutions under other legislation such as, the Building Code Act and the Fire Protection
and Prevention Act.
The hourly rates for all lawyers for Category Three work shall be at a rate of $140 an hour.
Page 107 of 245
Page 1 of 3
Subject: Committee of Adjustment
Report Number: 20-41
Author: Amelia Jaggard, Deputy Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report CLK 20-41 Committee of Adjustment;
AND THAT all members of Tillsonburg Town Council be appointed to the Committee of
Adjustment;
AND THAT an appointment By-Law be brought forward for Council’s consideration.
BACKGROUND
The Planning Act provides that if a municipality has passed a By-Law under Section 34
of the Act (a zoning by-law), the council may by By-Law constitute and appoint a
committee of adjustment for the municipality which shall be composed of a minimum of
three persons.
The Committee of Adjustment is a quasi-judicial body, operating independently from
Council, which must comply with rules of procedure as prescribed in the Planning Act.
In accordance with Section 44(3) of the Planning Act, the members of the committee
who are members of a municipal council shall be appointed annually.
The appointment of Council to the Committee of Adjustment is required for the year
2021 in order to comply with the Planning Act, R.S.O. 1990.
FINANCIAL IMPACT/FUNDING SOURCE
None.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
Page 108 of 245
CLK 20-41
Page 2 of 3
☒ Demonstrate accountability
ATTACHMENTS
None.
Page 109 of 245
CLK 20-41
Page 3 of 3
Report Approval Details
Document Title: CLK 20-41 Committee of Adjustment.docx
Attachments:
Final Approval Date: Nov 17, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 17, 2020 - 8:28 PM
Page 110 of 245
Page 1 of 3
Subject: 2021 Council Meeting Calendar
Report Number: 20-42
Author: Amelia Jaggard, Deputy Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives Report CLK 20-42 2021 Council Meeting Calendar;
AND THAT the following regular Council meetings be re-scheduled for 2021:
1. Monday, February 22, 2021 be re-scheduled to Thursday, February 25, 2021 due
to the OGRA Conference (February 21 to 24, 2021).
2. Monday, October 11, 2021 be re-scheduled to Tuesday, October 12, 2021 due to
Thanksgiving Monday.
3. Monday, May 24, 2021 be re-scheduled to Tuesday, May 25, 2021 due to
Victoria Day.
AND THAT the following regular Council meetings be cancelled for 2021:
1. Monday, July 26, 2021
2. Monday, August 23, 2021
3. Monday, December 27, 2021
AND THAT Council Planning meetings for the purpose of holding public meetings for
planning applications, be held on the third Monday of each month starting at 4:30 p.m.,
except in the months of July, August and December.
AND THAT the following Council Planning meetings be re-scheduled for 2021:
1. Monday, January 18, 2021 be re-scheduled to Tuesday, January 19, 2021 due to
an already scheduled Council Budget meeting.
2. Monday, February 15, 2021 be re-scheduled to Tuesday, February 16, 2021 due
to Family Day.
BACKGROUND
In accordance with the Town’s Procedural By-Law, Council meetings are held on the
second and fourth Monday of the month, except in the months of July, August and
December.
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CLK 20-42
Page 2 of 3
DISCUSSION
Staff are recommending that Council Planning meetings for the purpose of holding
public meetings for planning applications, be held on the third Monday of each month
starting at 4:30 p.m., except in the months of July, August and December.
2021 Regular Council meeting dates:
Monday, January 11, 2020
Monday, January 25, 2020
Monday, February 8, 2020
Thursday, February 25, 2020
Monday, March 8, 2020
Monday, March 22, 2020
Monday, April 12, 2020
Monday, April 26, 2020
Monday, May 10, 2020
Tuesday, May 25, 2020
Monday, June 14, 2020
Monday, June 28, 2020
Monday, July 12, 2020
Monday, August 9, 2020
Monday, September 13, 2020
Monday, September 27, 2020
Tuesday, October 12, 2020
Monday, October 25, 2020
Monday, November 8, 2020
Monday, November 22, 2020
Monday, December 13, 2020
2021 Council Planning meeting dates:
Tuesday, January 19, 2020
Tuesday, February 16, 2020
Monday, March 15, 2020
Monday, April 19, 2020
Monday, May 17, 2020
Monday, June 21, 2020
Monday, September 20, 2020
Monday, October 18, 2020
Monday, November 15, 2020
CONSULTATION
Senior Planner.
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CLK 20-42
Page 3 of 3
Following Council approval, the 2021 Council Meeting Calendar will be circulated to MP
Dave MacKenzie, MPP Ernie Hardeman, County of Oxford Clerk’s Office and the
County of Oxford Planning Department. The calendar will be shared in the local
newspaper and posted on the Town website.
FINANCIAL IMPACT/FUNDING SOURCE
None.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
ATTACHMENTS
None
Report Approval Details
Document Title: CLK 20-42 2021 Council Meeting Calendar.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 18, 2020 - 2:06 PM
Page 113 of 245
Page 1 of 2
Subject: BIA Boundary Expansion
Report Number: CLK 20-043
Author: Michelle Smibert, Town Clerk
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT this update on the BIA expansion request be received for information.
BACKGROUND
At the Council meeting on October 26, Council heard a delegation from the Executive
Director of the BIA regarding the Board’s decision to expand the existing boundary and
asked staff to provide a report regarding the process involved with this type of a
request.
Prior to preparing a staff report, the Clerk’s office circulated the request to each
department to obtain feedback on the proposal so that it can be incorporated into a
comprehensive staff report for Council to review.
DISCUSSION
It was clear that staff wanted some additional explanation or clarification for determining
the new proposed boundary. As a result, staff asked the Executive Director for any
background information or justification reports on the matter.
The Executive Director noted that he is going to do some additional research and that
he is awaiting OBIAA feedback and supporting documentation.
Once this information is provided, it will be circulated to staff for review and comment.
CONSULTATION
CAO
FINANCIAL IMPACT/FUNDING SOURCE
N/A
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
Page 114 of 245
CLK 20-43
Page 2 of 2
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Memo to Council
Report Approval Details
Document Title: CLK 20- BIA Boundary Expansion.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 18, 2020 - 3:31 PM
Page 115 of 245
Page 116 of 245
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Page 120 of 245
Page 1 of 5
Subject: Cloudpermit E-Permitting Portal
Report Number: DCS 20-25
Author: Geno Vanhaelewyn, Chief Building Official
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives Report DCS 20-25 Cloudpermit E-Permitting Portal as
information;
AND THAT Council continues to support the requirements set in the Ontario Building
Code Act to ensure adequate measures are in place to administer the Ontario Building
Code;
AND FURTHER THAT Council authorizes the Chief Building Official to proceed with the
single source award for the purchase and implementation of Cloudpermit E-Permitting
Software to be funded from Building Permit Reserves.
BACKGROUND
Tillsonburg Building Services is committed to maintaining excellent level of service to
the development community, residents and business owners. Over the past few years
and especially during the COVID‐19 restrictions, the Town has received an increasing
number of requests from builders, developers and residents for the ability to apply for
building permits and book inspections on‐line. In order for the Town to continue and
expand its “open for business” platform, an online building permit portal is the next
innovative step to better serve builders, developers and the community.
DISCUSSION
In recent years, a number of large municipalities have made electronic building permit
applications a reality, but this has come at significa nt cost of staff time and computer
software/hardware. Generally, these processes take from several months and up to
more than a year to be implemented. They involve installation of complex software that
requires frequent updates and comes at a cost that can only be justified by an extremely
high amount of building permit activity that far exceeds the Town’s current levels.
In the past few months, staff has become aware of a new opportunity to consider a
cloud based permitting system that has been created and hosted by a leading software
Page 121 of 245
DCS 20-25
Page 2 of 5
developer. This software is hosted, maintained and updated by the service provider
over the internet using industry best standards. With the service provider providing the
updating and maintenance, it would ensure that Town staff and County IT is not
required to provide resources to ensure its proper function.
In general, the process proceeds as follows:
Building Permit Application and Issuance:
• Originating from a link on the Town website, the applicant creates a project
and uploads the required application, forms and drawings using a user‐
friendly step by step process. The applicant can also authorize designers to
upload drawings directly to their project. When the applicant believes that the
application is complete, they direct the system to advise the Town of an
application.
• Upon notification of a complete application, Town staff logs into the website to
view and download the information.
• Staff will then conduct the plans examination electronically using the Town’s
current pdf editing software. Once satisfied, the approved plans are uploaded
back to the applicant’s project with a building permit.
Building Inspections:
• Permit holders will log onto the website and request an inspection for their
project with their suggested time.
• Staff will receive the notification and confirm if the requested time can be met.
• Inspectors will visit the project and confirm status of the inspection to the
permit holder through the software.
For the building industry the benefits of this cloud ‐based system include:
• Zero printing costs for the applicants to submit permit.
• Travel time and expense to and from the municipal office to drop off and pick
up documents.
• Ability to track several permits at one time.
• Inspection scheduling and results are received electronically and immediately.
• Allows for quicker application process given that designers can submit directly
on‐line.
• Ability to transparently monitor the progress of an application or inspection
immediately.
• Availability of approved plans are on‐line at all times.
• Will integrate with the Town/County’s building permit database (Amanda)
currently in place.
• Supports the Town and Building Services objectives related to customer
service, innovation and “open for business” platform.
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DCS 20-25
Page 3 of 5
Cloudpermit is endorsed by the Ontario Building Officials Association to encourage
municipalities across Ontario to lean into innovation by adopting an all-in-one cloud-
based system. Many municipalities in Ontario are already using the Cloudpermit
software; these municipalities include the following:
Arran-Elderslie Cavan Monaghan Chatsworth
Dutton-Dunwich Georgian Bluffs Grey Highlands
Huntsville Huron-Kinloss Lucan Biddulph
Middlesex Minto North Kawartha
North Middlesex North Perth Northern Bruce Peninsula
Perth East Puslinch Saugeen Shores
Selwyn South Stormont Southwold
St Marys Strathroy-Caradoc Wainfleet
West Elgin West Grey West Perth
Windsor
It has been determined that Cloudpermit is the preferred solution as it best fits the
requirements of the Ontario Building Code, building department and our customers.
Cloudpermit digitalizes the building permit process to reduce costs, improve customer
experience, provide transparency and increase efficiency. The implementation of this
program also aligns with the Ontario’s Action Plan initiative by making government
services more digitally accessible and reducing red tape.
If approved, Cloudpermit has committed that the system can be implemented within 4 -6
weeks. This would allow the system to be up and running early in 2021 which is the
preferred time for staff and applicants to become familiar with the portal.
CONSULTATION
Staff consulted with the Ontario Building Officials Association, Calytera (Amanda),
several municipalities already using Cloudpermit and builders/developers. Town staff
have met with Cloudpermit on multiple occasions along with Oxford County IT. County
IT has reviewed the software for technical feasibility and integration to which they
support.
FINANCIAL IMPACT/FUNDING SOURCE
The software will require a $28,000 annual investment (approximately $65.00 per
permit) from permit revenue and a one-time integration fee for AMANDA which will be
absorbed by the County via the modernization funding. Since the building department
is self‐funded through building permit fees there will be no impact on the tax levy. It is
recommended that the annual cost be funded from the Building Permit Reserve which
means there will also be no impact to building permit fees. The Building Permit Reserve
has a balance of $498,304 as of November 12, 2020.
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DCS 20-25
Page 4 of 5
Staff has reviewed the ability of the Town/County’s current database provider (Amanda)
and other providers to provide these types of online and cloud ‐based services.
Cloudpermit’s established processes in Ontario which enable and support a user
friendly process for electronic submissions is an industry leader. Based on the cost of
this item and the limited number of competitive options, single source procurement is
proposed.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
None
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DCS 20-25
Page 5 of 5
Report Approval Details
Document Title: DCS 20-25 - Cloudpermit - E-Permitting Portal.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Sheena Pawliwec - Nov 13, 2020 - 10:43 AM
Kyle Pratt - Nov 18, 2020 - 1:37 PM
Michelle Smibert - Nov 18, 2020 - 1:49 PM
Page 125 of 245
Page 1 of 6
Subject: Offer to Purchase 1,101 Highway 3
Report Number: DCS 20-28
Author: Cephas Panschow
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report DCS 20-28 Offer to Purchase 1,101 Highway 3;
AND THAT the non-industrial portions of the 1,101 Highway property be declared
surplus to the needs of the Town of Tillsonburg in accordance with By-Law 3549 Sale of
Real Property Policy;
AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into
an agreement of purchase and sale with Edwin McLaughlin and Maureen McLaughlin
for the non-industrial portions of the 1,101 Highway 3 Property described as part of Part
1, Plan 37R-283.
BACKGROUND
The purpose of this report is to seek Council approval to enter into an Agreement of
Purchase and Sale for the non-industrial portions of the 1,101 Highway 3 property. The
Town of Tillsonburg acquired the 1,101 Highway 3 property on June 26, 2020 for the
purpose of using the developable portion of the property to support future industrial
growth. The lands purchased included existing industrial-zoned lands as well as an
approximately 4,247 square foot executive home and ravine lands. Town Council
directed staff to move forward with declaring the non -industrial zoned portions of the
property as surplus to the needs of the Town.
An Agreement of Purchase and Sale has been negotiated subsequent to an open
process that solicited interest in the property based on the critiera of price and
community benefit. The Town received three proposals to purchase the property with
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DCS 20-28
Page 2 of 6
the Edwin and Maureen McLaughlin proposal being selected as the preferred one
based on the significant community benefit of a new bed & breakfast, a minimum 100
person event facility and an extension of a trail network.
DISCUSSION
The Agreement of Purchase and Sale is for all of the non-industrial portions of the 1,101
Highway 3 property more or less as shown below as well as a narrow portion of land to
enable a driveway and service access to Highway 3. There are four main parcels of
land that are being declared surplus:
North Block – Approximately 14 Acres comprised of flat table lands and ravine
lands;
Middle Block – Approximately 14 Acres comprised of ravine lands and the
residence (the primary block);
South Block – Approximately 12 Acres of ravine lands located on the south side
of the creek with no practical access; and,
East Block – Approximately 22 Acres of ravine lands running to the east property
line.
Subject Property – Non-industrial portions of the 1,101 Highway 3 Property
(Access/Service laneway not shown)
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DCS 20-28
Page 3 of 6
The Agreement of Purchase and Sale contains the following provisions:
Purchase Price $875,000
Irrevocable Date November 24, 2020
Conditional Date 7 Days from Acceptance
Closing Date December 4, 2020
Future Use The Purchaser agrees and covenants that, upon completion of the
transaction, it shall develop the property in accordance with the
proposal submitted and accepted by the Town as contained in
Schedule “E”; namely,
The conversion of the existing residential dwelling to a Bed &
Breakfast establishment at its own expense;
The development of a minimum 100 person event/retreat
centre with suitable indoor/outdoor space (rustic event barn);
The addition of low-impact housing available on a seasonal or
year round basis;
The construction of a trail extension through the adjacent
property to the east of the Property, with a connection to the
existing trails through the Bridges at Tillsonburg golf course, at
the Purchaser’s cost, in their sole and absolute discretion;
In cooperation with the Vendor, with both the Vendor and
Purchaser equally sharing the cost, the extension of the above
noted trail through the Property along a mutually agreeable
route, which shall be determined by both parties, acting
reasonably, and subject to the Vendor’s determination, in its
sole discretion, of the timing and financial appropriateness of
such trail extension; .and,
The Purchaser agrees and covenants that it shall, upon
completion of the transaction and in cooperation with the
Vendor, allow for a future connection of the community trail
from the lands adjacent to and west of the Property at the
Vendor’s sole cost.
Purchaser’s
Condition
The Purchaser shall, upon waiver of all conditions and payment of
the additional deposit amount, be permitted by the Vendor to
obtain early access to the property for the purposes of mitigation of
moisture and other conditions of the property. The Purchaser
acknowledges and agrees that any work done to the p roperty shall
be upon approval of the Vendor and shall also be at the
Purchaser’s own cost and risk. Should the transaction not be
completed, those works shall either be restored to their original
condition or allowed to remain in place at no cost to the Vendor.
The Purchaser shall provide indemnification and proof of suitable
insurance coverage, to the satisfaction of the Vendor, prior to
proceeding with any works.
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Page 4 of 6
Easement Allows for all municipal services and trail extensions
Development
Covenants
Renovation of existing house to start within one year and be
completed within two years.
Removal of the right for the Owner to request an extension in the
time to start construction.
The Town’s Buyback clause is at 100% of the sale price instead of
90%, but transaction costs for both the original transaction and the
buyback transaction to be deducted from the buyback price
The price for the Town to be offered the property first prior to
selling to a third party has been changed to the original sale price
with transaction costs excluded.
The Agreement of Purchase and Sale contains the Town’s standard buyback clause to
ensure that the project proceeds in accordance with the proposal received. If the
Purchaser does not start construction on the facility in accordance with their proposal
within one year of purchase and complete it within two years, the Town has the option
to buyback the property at the original purchase price minus the transaction costs.
Based on the proposed community benefits of a new bed & breakfast, a minimum 100
person event facility, enhanced trails, etc, along with the increased jobs and tax
revenue, the Economic Development Commissioner is recommending that Council
approve the Agreement.
CONSULTATION/COMMUNICATION
The public notice advising of the Town’s intent to declare the non-industrial portions of
the 1,101 Highway 3 property as surplus to the Town’s need was released on our
website on Tuesday, September 8 with a response deadline of Monday, September 28,
2020. The notice was published in the Tillsonburg News on September 24 with an
additional publication on October 1, 2020. A sign was posted on the property on
Monday, September 21, 2020.
The public notice was also circulated to nine different groups that had registered their
interest with the Town.
The Economic Development Advisory Committee reviewed the three proposals
anonymously at their October 13, 2020 meeting and passed the following resoluti on:
THAT the Economic Development Advisory Committee recommends to Council
that proposal #3 be the preferred proposal for the 1,101 Highway #3 property
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Page 5 of 6
based on the increased tax base from residential to commercial, capital
investment, development of tourism, job development, future employment and
community benefit.
FINANCIAL IMPACT/FUNDING SOURCE
The proposed purchase price for the property is $875,000, which matches the value of
the property as determined in the appraisal prepared for the Town by Tri County
Appraisal. This price exceeds the minimum bid for the property, which was set at
$800,000 in the surplus lands notice. The proceeds from this transaction will be used to
offset the purchase price for the entire 1,101 Highway 3 property.
In addition to this, the proposed commercial uses of the property will result in increased
tax revenue for the Town.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☒ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☒ Make Tillsonburg an attractive place to live for youth and young professionals
☒ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Offer to Purchase - Edwin and Maureen McLaughlin
Page 130 of 245
DCS 20-28
Page 6 of 6
Report Approval Details
Document Title: DCS 20-28 Offer to Purchase - 1,101 Highway 3.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Sheena Pawliwec - Nov 13, 2020 - 7:04 AM
Kyle Pratt - Nov 18, 2020 - 12:32 PM
Michelle Smibert - Nov 18, 2020 - 12:48 PM
Page 131 of 245
..
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
EDWIN AND MAUREEN McLAUGHLIN
(the "Purchaser'')
WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule
"A" (the "Property"); I
AND WHEREAS the Purchaser proposed a bid, which was accepted by the Vendor, for the
purchase of the Property pursuant to the public notice and reque~t for bids posted by the Vendor, a
copy of which is attached hereto as Schedule "E". I
AND WHEREAS the Vendor wishes to transfer the Property to the Purchaser, with the Purchaser
retaining a portion of the Property in trust for the Vendor to per~it the future road development by
the Vendor, and the Purchaser retaining the balance of the Property for their own benefit;
NOW THEREFORE IN CONSIDERATION of the mutual covenantl and premises in this Agreement,
the parties agree as follows:
1.
2.
3.
SECTION I -GENERAL
The Purchaser agrees to purchase the Property and the \Vendor agrees to sell the Property
according to the terms of this Agreement. I
The Purchaser acknowledges and agrees that the Property is being sold by the Vendor
pursuant to the proposal received by the Vendor thr9ugh the Surplus Lands process
established September 8, 2020, and the corresponding information provided by the
Purchaser in the proposal submitted to the Vendor p1il1ior to the September 28, 2020,
deadline. Any changes in proposed use or tenancy must be approved by the Vendor.
Further, the Purchaser agrees on the merits of developing the property to the highest
standards in order to provide for accommodation an9 events facility in the Town of
Tillsonburg. I
In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price calculated at EIGHT I HUNDRED AND SEVENTY-FIVE
THOUSAND DOLLARS ($875,000). The Purchase Price small be paid as follows:
(a)
(b)
(c)
Twenty-Five Thousand Dollars ($25,000) deposit is payable by the Purchaser by
certified cheque upon Acceptance of this Agreement, to be held on an interest free
basis by the Solicitor for the Vendor as a de~osit pending completion of this
transaction on account of the Purchase Price on dompletion, or if this Agreement is
not completed through no fault of the Purchaser, the deposit shall be returned to the
Purchaser;
A further Seventy Five Thousand ($75,000) deposit upon the waiver of conditions, to
be held in an interest basis by the Solicitor for the lender; and,
the balance of the Purchase Price, subject to ~djustments, shall be paid to the
Vendor on the Completion Date, by certified cheque or bank draft.
SECTION II -PURCHASE OF PROPERTY
4. Irrevocable Date
(a) This APS shall be irrevocable and open for accept~nce by the Vendor until 6:00 p.m.
ol,~~e 24th day of November, 2020 ("Acceptance"), and when accepted shall
Buyer's Initial~· Seller's Initials, __ _
Page 132 of 245
constitute a binding contract of purchase and sale, otherwise the APS shall be null
and void and all deposit monies paid shall be returned to the Purchaser without
deduction.
(b) Acceptance shall mean the date upon which the Mayor and Clerk of the Town of
Tillsonburg, or such other persons as the Vendor may authorize from time to time,
sign and execute this APS subsequent to the requirement that the Council of The
Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing
and approving the sale of the Property to the Purchaser pursuant to the terms of this
APS.
(c) The parties agree and acknowledge that negotiation of this APS is not a valid and
binding agreement until accepted by the Council of The Corporation of the Town of
Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall negotiate the terms of this APS in good faith. However, the
negotiation of the terms of this APS by the Chief Administrative Officer of the Town of
Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of
Tillsonburg until such time as this APS is authorized and approved by the Council of
The Corporation of the Town of Tillsonburg.
5. Council Approval
(a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of
the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law.
6. Deed/Transfer
(a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the
terms of this Agreement.
(b) The portion of the Property to be shown on the Reference Plan as agreed between
the parties (the "Trust Portion") shall be held by the Purchaser in trust for the Vendor
on the following terms:
(i) The Purchaser shall, upon thirty (30) days written notice, transfer legal
ownership to the Trust Portion to the Vendor for no consideration provided
that the Vendor has constructed and assumed a municipal road to the
laneway that provides access for the Purchaser to the Property.
(ii) The Vendor shall pay for all costs associated with the transfer described in
paragraph 6(b)(i).
7. Completion Date
(a) The closing of this transaction shall take place on Monday, December 4, 2020 or
such other date as mutually agreed upon (the "Completion Date") at which time
possession of the Property in "as is, where is" condition shall be given to the
Purchaser other than as provided in this APS. The Vendor acknowledges that it has
the right and authority to sell the Property.
8. Documents, Reports and Information
(a) The Vendor will produce and deliver to the Purchaser within seven (7) days of
Acceptance of the APS any documents, reports or information in its possession in
respect to the Property. The Purchaser agrees to return all of the above
documentation to the Vendor if this transaction is not completed.
SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition
and that it must satisfy itself within seven (7) days of Acceptance of the APS
regarding the condition of the Property including, but not limited to, all existing
physical conditions of this Property including the state of the existing residential
dwelling, environmental conditions, fitness for any purpose, suitability for
construction, soil bearing capacity for any building proposed, and the availability of
m~nJci_ral services and utilities necessary for the Purchaser's ~rop~~ed use of the
Buyer's lnitials#M' . Sellers Initials __ _
Page 133 of 245
Property. The Purchaser acknowledges that the Vendor shall not be responsible for
any physical deficiencies of the Property or for any past, present or future
environmental liabilities and hereby waives any claims against the Vendor in respect
of any environmental liabilities on the Property. The Purchaser agrees to sign a
release and indemnity in favour of the Vendor on or before closing with respect to
matters set out in the preceding sentence. If the Purchaser is for any reason
whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to
the Vendor by no later than the time specified herein, and this Agreement shall be
terminated and the deposit shall be returned to the Purchaser without interest or
deduction. If the Vendor is notified that the condition of the Property is not
satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and
prior to being entitled to a full release from the Vendor with respect to this Agreement,
restore the Property to its original condition as it existed prior to such testing or
inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails
to deliver written notice to the Vendor within the time specified herein regarding this
condition, this condition shall be deemed to have been waived by the Purchaser. The
Vendor covenants that it shall permit the Purchaser, and its agents, employees
and contractors, access to the Property to conduct such inspections as
required by this section 9(a) and any other provisions of this APS.
10. Other Conditions
(a) This APS and completion of this transaction is subject to the condition as set out in
Schedule "B".
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the
APS and understands that upon Acceptance by the Vendor, and subject to any
conditions herein including, but not limited to the condition as contained in section
9(a) of this APS, there shall be a binding agreement of purchase and sale between
the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at
its own expense, any soil bearing capacity tests or environmental inspection, as may
be required or desired, and the Vendor shall grant the Purchaser access for such
testing or inspection at all reasonable times, on reasonable notice, for the purpose of
conducting reasonable inspections.
12. Future Use
(a) The Vendor and the Purchaser agree that there is no condition, express or implied,
representation or warranty of any kind that the future intended use of the Property by
the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in
this Agreement.
(b) Notwithstanding the foregoing, the Purchaser agrees and covenants that, upon
completion of the transaction, it shall develop the property in accordance with the
proposal submitted and accepted by the Town as contained in Schedule "E"; namely,
(i) The conversion of the existing residential dwelling to a Bed & Breakfast
establishment at its own expense;
(ii) The development of a minimum 100 person event/retreat centre with suitable
indoor/outdoor space (rustic event barn);
(iii) The addition of low-impact housing available on a seasonal or year round
basis;
(iv) The construction of a trail extension through the adjacent property to the east
of the Property, with a connection to the existing trails through the Bridges at
Tillsonburg golf course, at the Purchaser's cost, in their sole and absolute
discretion;
(v) In cooperation with the Vendor with both the Vendor and Purchaser equally
sharing such cost, the extension of the above noted trail through the Property
along a mutually agreeable route, which shall be determined by both parties,
acting reasonably, and subject to the Vendor's determination, in its sole
discretion, of the timing and financial appropriateness of such trail extension;
and,
Buyer's Initial~' Seller's Initials __ _
Page 134 of 245
(vi) The Purchaser agrees and covenants that it shall, upon completion of the
transaction and in cooperation with the Vendor, allow for a future connection
of the community trail from the lands adjacent to and west of the Property at
the Vendor's sole cost.
13. Provision of Plans
(a) The Purchaser agrees and covenants that prior to the issuance of a building permit,
the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of
the new and proposed building(s) and structures (other than those structures
temporary in nature), the front elevation of the building(s), the exterior building
materials, the landscaping treatment and the proposed trail location and route (s).
The provisions of this paragraph shall survive closing.
14. Reasonable Assistance
(a) The Vendor agrees to provide reasonable assistance and co-operation to the
Purchaser in obtaining the necessary approvals for the development of the Property
subject to the Purchaser's compliance with all relevant building codes, by-laws, land
use controls, any other statutory requirements and payment of the fees provided for
in the Town of Tillsonburg's current fees by-law.
(b) Nothing in this agreement shall fetter the Vendor's discretion to make decisions
regarding any of its responsibilities as a municipal body.
15. Development Covenants and Restrictions
(a) The Property shall be subject to the development covenants and restrictions more
particularly set out in Schedule "D" attached to this APS, which shall survive the
completion of this transaction and run with the Property. The development covenants
and restrictions shall be registered on title by the Vendor. In the event that the said
covenants and restrictions are not registered on title to the Property on or before
closing, the Purchaser covenants and agrees to consent to the registration of the
covenants and restrictions after closing.
16. Property Not for Resale
(a) The Purchaser covenants that it is purchasing the Property for the construction of a
building and not for the purpose of resale of vacant land.
16.1 Easement
(a) The Parties agree that the Vendor shall on or before Closing obtain from the property
owner immediately to the west (the "Adjacent Property") an easement agreement to
use the current laneway (approximately 25 foot even width throughout) which is
situate on the eastern portion of the Adjacent Property for the purpose of access and
electrical services from Highway 3 to the Property.
SECTION IV-PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) The Purchaser, its agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the deposit monies
paid to the Vendor returned together with all interest earned thereon without
deduction.
SECTION V -COMPLETING THE TRANSACTION
19. Deed/Transfer
Buyer's lniti,/~ Seller's Initials __ _
/ltl{_
Page 135 of 245
(a) The Deed or Transfer of the Property will be prepared at the expense of the Vendor in
a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all
Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the
registration of it.
20. Electronic Registration
(a) The parties agree that the transaction shall be completed by electronic registration
pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as
amended. The parties acknowledge and agree that the delivery and release of
documents may, at the discretion of the lawyer: a) not occur contemporaneously with
the registration of the transfer/deed and other registrable documentation, and b) be
subject to conditions whereby the lawyer receiving documents and/or money will be
required to hold them in trust and not release them except in accordance with the
terms of a written agreement between the lawyers entered into in the form of the
Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on
Elective Registration of Title Documents.
21. Survey or Reference Plan
(a) The parties acknowledge that a survey may be required and a Reference Plan may
be registered on title at the Vendor's sole cost and may be used to provide a
registrable description of the Property and any easements.
22. Letters and Reports from Officials of the Vendor
(a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if
requested, at the Vendor's expense, letters or reports from the Building and Zoning
Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg
regarding the status of compliance with all codes, by-laws, rules and regulations with
respect to the Property and any buildings located thereon.
23. Examination of Title
(a) Title to the Property shall be good and marketable and free from all encumbrances
except for any service easements or ,rights-of-way to be reserved in favour of the
Vendor and for any easements or rights-of-way registered on title and any minor
encroachments shown on the survey or Reference Plan delivered to the Purchaser.
Any required easement shall be in the form set out in Schedule "C".
(b) The Purchaser is allowed seven (7) days from Acceptance of this APS to examine
the title to the Property. If on or before this date the Purchaser furnishes the Vendor
in writing with any valid objections: to the title; to any undisclosed outstanding work
orders; to undisclosed non-compliance with the municipal by-laws or covenants and
restrictions which run with the land and cannot be resolved before the Completion
Date; as to any objection of which the Vendor shall be unable to remedy or correct by
the Completion Date and which the Purchaser will not waive, then this APS shall,
notwithstanding any intermediate acts or negotiations, be terminated and the deposit
shall be returned to the Purchaser without deduction and the Vendor and the
Purchaser shall not be liable for any costs, damages, compensation or expenses.
24. Vendor to Discharge all Encumbrances
(a) The Vendor agrees to obtain and register at its own expense, on or before the
Completion Date, a discharge of all liens, encumbrances, agreements and mortgages
now registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any
and all liens, chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property.
25. Adjustments
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment
rates shall be apportioned and allowed to the Completion Date, the day itself to be
apportioned to the Purchaser.
26. Deliver~;t~e Vendor To The Purchaser on Closing
Buyer's Initials c.. Seller's Initials ---
Page 136 of 245
(a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion
Date, all such deliveries to be a condition of the Purchaser's obligation to close this
transaction, the following:
(i) a deed/transfer of the Property;
(ii) any survey or reference plan of the Property in the possession of the Vendor;
(iii) a Statutory Declaration by an authorized officer of the Vendor stating that
accurateness and truthfulness of all of the representations and warranties;
(iv) a Statutory Declaration by an authorized officer of the Vendor as to
possession of the Property in a form acceptable to the solicitors for the
Purchaser;
(v) a Statutory Declaration by an authorized officer of the Vendor that it is not
now, and upon completion will not be, a "non-resident person" within the
meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C.,
1985, c. 1 (5th Supp.) as amended;
(vi) certified copies of all appropriate certificates, by-laws and other documents of
Vendor authorizing the transaction herein; and
(vii) such further documentation and assurances as the Purchaser may reasonably
require to complete the transaction contemplated by the APS.
27. Harmonized Sales Tax
(a) The parties hereto acknowledge and agree that the transaction contemplated herein
is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C.,
1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The
Vendor shall provide the Purchaser with its HST Business Number. The Purchaser
shall pay to the Vendor any HST imposed under the Act payable in connection with
the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser
or its nominee, or its assignee, provides:
(i) a certificate on or before the Completion Date containing a representation and
warranty to the Vendor that:
(1) it is registered for the purpose of the HST on the Completion Date and
specifying the HST registration number;
(2) it will self-assess the HST on its GST/HST return or file the prescribed
form pursuant to subsection 228(4) of the Act in connection with the
purchase of the Property;
(3) the Property transferred pursuant to this APS is being purchased by
the Purchaser, or its nominee or assignee, as principal for its own
account and is not being purchased by the Purchaser as agent, trustee
or otherwise on behalf of or for another person, and does not
constitute a supply of residential complex made to an individual for the
purpose of paragraph 221 (2)(b) of the Act;
(4) an indemnity, indemnifying and saving harmless the Vendor from any
HST payable on this transaction and penalty and interest relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
SECTION VI -MISCELLANEOUS
28. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement of the Property other than expressed herein.
29. Tender
Buyer's Initials~ Seller's Initials. __ _
){_fa(_
Page 137 of 245
(a) Any tender of documents or moneys hereunder may be made upon the solicitor
acting for the party upon whom tender is desired, and it shall be sufficient that a
negotiable, certified cheque or bank draft may be tendered instead of cash.
30. Time of Essence
(a) Time shall be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective only if the provisions of Section 50 of the Planning
Act, R.S.O. 1990, c.P.13, as amended are complied with.
32. Notices
(a) All notices in this Agreement shall be in writing and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed:
Solicitors for the Vendor:
Duncan, Linton LLP
ATTENTION: Steven D.S. Ross
45 Erb Street West
Waterloo, ON N2J 1 L7
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
Mandryk & Morgan
Att: James Morgan
40 Brock StW
Tillsonburg, ON N4G 2A2
Canada
mhlaw@execulink.com
Fax: (519)842-7659
If mailed, such notices must also be given by facsimile transmission on the date it
was so mailed. If so given, such notices shall be deemed to have been received on
the first business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to
this APS with the Vendor's written approval, which shall not be unreasonably
withheld, including assignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor agrees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee. The Purchaser is released from all liability hereunder, if it assigns its
interest in this APS. This Agreement shall be binding upon the parties hereto and
their respective successors and assigns.
34. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule "A" Description of the Property;
(i9 , S. chedule "B" Conditions;
Buyer's Initial~ Seller's Initials __ _
Page 138 of 245
(iii) Schedule C" Easement;
(iv) Schedule "D" Development Covenants; and
(v) Schedule "E" Public Notice and Request for Bids.
35. Acceptance by Fax or Email
(a) The Purchaser and Vendor acknowledge and agree that the communication of this
Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic
mail, and that they agree to accept such signatures and documents to be legal and
binding upon them.
36. Counterparts
(a) This Agreement may be signed in any number of counterparts, each of which is
considered to be an original, and all of which are considered to be the same
documents.
37. Severability
(a) If any provision of this Agreement, or the application thereof to any circumstances,
shall be held to be invalid or unenforceable, then the remaining provisions of this
Agreement, or the application thereof to other circumstances, shall not be affected,
and shall be valid and enforceable.
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at 11 I I Y'l'*J , Ontario this fl day of r.l?v,,..J,,,.. , 2020.
**
Per:
Name· WIN McLAUG IN
Title: , -/ •
/M(lklfffeA .fe:izLUc~A. /
Name: MAUREEN McLALKiiLIN
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this ___ day of _______ , 2020.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
Buyer's Initials )t,~,
The Corporation of the Town of
Tillson burg
Stephen Molnar
Mayor
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg.
Seller's Initials __ _
Page 139 of 245
SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY
Parts of Lots 3 and 4, Concession 5 NTR, and more particularly described as part of Part 1, Plan
37R-283 and to be described by a new reference plan more or less as shown below;
ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in
the Town of Tillsonburg in the County of Oxford, being compromised of:
SUBJECT PROPERTY: Parcels Intended to be Declared Surplus
Buyer's Initials L k(1 r Seller's Initials. __ _
Page 140 of 245
· SCHEDULE "B" -PURCHASER CONDITIONS
The Purchaser shall, upon waiver of all conditions and payment of the additional deposit amount, be
permitted by the Vendor to obtain early access to the property for the purposes of mitigation of
moisture and other conditions of the property. The Purchaser acknowledges and agrees that any
work done to the property shall be upon approval of the Vendor and shall also be at the Purchaser's
own cost and risk. Should the transaction not be completed, those works shall either be restored to
their original condition or allowed to remain in place at no cost to the Vendor. The Purchaser shall
provide indemnification and proof of suitable insurance coverage, to the satisfaction of the Vendor,
prior to proceeding with any works.
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Page 141 of 245
SCHEDULE"C"-EASEMENT
TERMS AND PROVISIONS OF THE EASEMENT:
I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of
Tillsonburg (the 'Town"), its successors and assigns, in perpetuity, the free, uninterrupted and
undisturbed right and easement to enter upon the lands herein described at any time for the
purposes of constructing, installing and maintaining all municipal services of any kind (including
water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and
without limiting the generality of the foregoing, to enable the servicing and outlets for the
development of the surrounding industrial lands and/or trail extensions as may be applicable and
with the further and continuing right to the Town, its successors and assigns, and its servants,
agents and workers to enter upon the lands at any time to construct, repair, correct, operate, replace
and maintain at all times in good condition and repair the municipal services and for every such
purpose the Town shall have access to the said lands at all times by its agents, servants, employees
and workers.
2. The Town covenants and agrees that, upon completion of any work undertaken hereunder,
the Town will restore the areas of land upon which it has performed work to the same condition as
that in which the lands were found prior to the commencement of the work.
3. The Owner covenants with the Town to keep the lands herein described free and clear of any
trees, buildings, structures or other obstructions which may limit the use, operation, repair,
replacement or maintenance of the easement and to use the lands herein described only in a
manner and for purposes not inconsistent with the exercise of the rights created by this indenture
and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed,
roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything
which might injure any of the works of the Town hereon.
The term "building" as set out herein shall specifically include any window sills, chimney
breasts, cornices, eaves or other architectural features projecting from the first floor of the building
but shall not include window sills, chimney breasts, cornices, eaves or other architectural features
projecting from the second floor of the building by less than two (2) feet and such second floor
projections shall be specifically authorized and allowed to encroach upon the lands herein
described.
4. The Town, by the acceptance and registration of the within easement, agrees to be bound by
the terms and provisions contained herein.
5. The burden and benefit of this easement shall run with the lands herein described and shall
extend to and be binding upon and enure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
6. This is an easement in gross.
Buyer's !nit~ Seller's Initials ---
Page 142 of 245
1 . Title Control
SCHEDULE "D"
DEVELOPMENT COVENANTS
(a) The owner or owners of the property (the "Owner") upon which these development
covenants attach (the "Property") covenants and agrees that will develop and
maintain the property for the purposes of a Bed and Breakfast establishment, a
minimum 100 person event/retreat centre and a proposed trail network. The Owner
further covenants and agrees to commence development of the Property in
compliance with the proposed uses, subject to obtaining suitable zoning, at the
Owner's risk, of the Property's within one (1) year of the date the Owner took title to
the Property being the date of registration of transfer (the "Completion Date") and to
substantially complete the renovation of the said building to a Bed and Breakfast in
conformity with an approved site plan, if applicable, within two (2) years from the
Completion Date of this transaction.
(b) If the Owner does not comply with the provisions of subclause 1.a) above within the
periods therein specifically set out or within the Extended Time, the Owner, will, at the
option of the Town of Tillsonburg by notice in writing to the Owner, re-convey good
title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in
consideration for payment by the Town of Tillsonburg to the Owner of 100% of the
purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of
the Property in the first instance (the "Discounted Consideration"). The re-conveyance
shall be completed within sixty (60) days of the notice set out in this subclause. The
Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all
of its reasonable costs, realty commission and legal fees incurred with respect to the
original conveyance of the Property by the Town of Tillsonburg to the Owner, as well
as the costs of the Town of Tillsonburg in re-acquiring the Property, including without
limitation, realty commission, registration costs, land transfer tax, legal fees and such
other costs as reasonably incurred by the Town of Tillsonburg. The Town of
Tillsonburg shall not be required to pay for any improvements that may have been
made, constructed, installed or performed by the Owner on the Property.
Notwithstanding this, the Owner shall be permitted to revise their plans and seek
approval from the Town of Tillsonburg for such revised plans should their proposed
plans not be viable. The Town of Tillsonburg may, in their sole and absolute
discretion, acting reasonably, approve such revised plans. The Owner shall make a
request to revise their plans, in writing to the Town of Tillsonburg who shall have 30
days to review and provide approval for the revised plan.
(c) Subject to subclause 1.b) above, the Owner covenants that it will not sell the Property
or any part thereof to any person, firm or corporation without first offering, in writing,
to sell the Property to the Town of Tillsonburg for consideration equal to the
consideration paid by the Owner to the Town of Tillsonburg in the original
conveyance of the Property provided however that the Owner may sell or transfer the
Property to a company owned by the Purchaser(s) provided such company assumes
and confirms its acceptance of the within covenants and restrictions and expressly
undertakes in writing to comply with them in such form as the Town of Tillsonburg
may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of
an offer made by the Owner under this subclause, to accept such offer which
acceptance shall be in writing. If the Town of Tillsonburg does not accept an offer to
sell made by the Owner under the provisions of this subclause, the Town of
Tillsonburg's right to repurchase the Property so offered shall terminate. However, the
remaining provisions of this clause 1 as well as other provisions herein shall continue
in full force and effect. The limitation contained in this subclause, will expire upon the
Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b)
above.
2. Development Standards
(a) The Owner hereby acknowledges that it is aware that the Property is designated as
within a site plan control area. The Owner shall not commence any construction or
use the Property until site plan approval has been obtained. The external building
materials used on any building to be constructed on the Property must be approved in
writing in advance by the Town of Tillsonburg as part of such site plan control
approval process.
3. Assignment of Covenants
Buyer's Initial~· Seller's Initials ---
Page 143 of 245
(a) The Owner acknowledges and agrees that the covenants and restrictions herein shall
run with the title to the Property. The Owner, for itself, its successors, heirs, and
assigns in title from time to time of all or any part or parts of the Property will observe
and comply with the stipulations, restrictions, and provisions herein set forth (the
"Restrictions"), and covenants that nothing shall be erected, fixed, placed or done
upon the Property or any part thereof in breach or in violation or contrary to the
Restrictions or the provisions of the agreement of purchase and sale between the
Owner and the Town of Tillsonburg and that the Owner will require every subsequent
purchaser or every successor in title to assume and acknowledge the binding effect
of this document, as well as, covenant to observe and comply with the Restrictions
and other covenants herein, and the surviving provisions of this Agreement of
Purchase and Sale.
4. Force Majeure
(a) If the Owner shall be unable to fulfill, or shall be delayed or restricted in fulfilling any
of the obligations set out herein due to any act or neglect of the Town of Tillsonburg
or any of its employees, or due to strikes, pandemic, emergency orders, walkouts,
lockouts, fire, unusual delay by common carriers, or by any other cause beyond the
Owner's reasonable control, then the time for fulfilling any such obligations shall be
extended for such reasonable time as may be required by the Owner to fulfill such
obligation.
5. Right to Waive
(a) Notwithstanding anything herein contained, the Town of Tillsonburg and its
successors shall have the power by instrument or instruments in writing from time to
time to waive, alter or modify the herein covenants and restrictions with respect to
their application to any part of the Property without notice to or approval from the
Owner or notice to or approval from the owners of any other adjacent or nearby
lands.
Buyer's lniti~. Seller's Initials ---
Page 144 of 245
SCHEDULE "E"
PUBLIC NOTICE AND SUBMITTED PROPOSAL
PUBLIC NOTICE
The Corporation: of the Town of Tillsonburg
Purpose of Notice
200 Broadway, Suite 204
Tinsonburg, ON N4G 5A7
The purpose of this notice is to advise that the Corporation of the T ovvn of Tillsonburg
intends to declare portions of the 1, 101 Highway 3 property, described as Parts of Lots
3 and 4, Concession 5 NTR, and more particularly described as part of Part 1, Plan
37R-283, surplus to the needs of the Town of TiHsonburg at the September 28, 2020
Council Meeting and that, in accordance with Bylaw 3549 -Sale of Real Property
PoUcy, the Town is hereby providing notice of its intent to sell the property.
This notice is being provided in accordance with the Town's Surplus Lands Bylaw and
Section 270 (1) of the Municipal Act, 2001.
The Town of Tmsonburg is inviting the public to register their interest or concerns with
the Town of Tillsonburg by 4 PM on Monday, September 28, 2020. Interested parties
are asked to submit their proposed purchase price and a brief proposal as to their
proposed use for the property, including potential community benefits. Subject to
successful negotiation, the interested party will be required to enter into a iegal
agreement for approval by the Council of The Corporation of the Town of Tillsonburg.
NOTE: Town Council reserves the right consider ail and any proposals, including taking
into account consideration of benefits to the community in addition to any price
submitted where, in the opinion of Council, it is in the best interest of the Town to do so.
Please note that the minimum bid that the Town will consider is $800,000.00.
Additional Information
There are no public information sessions being offered with respect
to this action; however, interested parties can request a detailed
information package or register their interest by contacting:
Cephas Panschow, Development Commissioner
Town of Tillsonburg, Economic Development & Marketing
51!9.688.3009, x4007
cpanschovv@tillsonburg.ca
The deadline for registering interest in the property is
4 PM on Monday, September 28, 2020.
Personal information co!!ected and recorded at the public meeting or submitted in writing on this subject is
collected under the authority of the Municipal Act, 2001, as amended, and wrn be used by members of
Council and Town staff in their consideration of the applicaUon. The written submissions including names
and contact information and the report of the public meeting ·wm be made available to the public.
Questions about this collection should be referred to the Clerk at 519-688-3009.
Seller's Initials ---
Page 145 of 245
SUBJECT PROPERTY: Part of Part 1, Plan 37R-283
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Page 146 of 245
SUBJECT PROPERTY: Parcels Intended to be Declared Surplus
Buyer's lnitiadl{,q ' Seller's Initials. __
AM
Page 147 of 245
To Whom It May Concern:
Further w the Town of Tiiison burg's intent to declare the non·industrial portions of the 1,101 Highway E
property as surplus to the Town's needs, please accept this letter of intent with respect to our interest
in purchasing the following parcels of land as outlined in the pmperty information package:
• North Block -Approximately 14 Acres comprised of flat table lands and ravine lands;
• Middle Block-Approximately 14 Acres comprised of ravine lands and a residence (the primary
block);
• South, Bfock -Approximately 12 Acres of ravine lands located on the south side of the creek witl
no practical access; and,
• East Block -Approximately 22 Acres of ravine iands n.mning to the east property line.
":Je are interested in acquiring the property in order to redevelop an ev~nt facility for:
• Weddings
• Corporate events
• Christmas Parties
• Showers
• Social gatherings
We believe that the natural amenities of the property, including the secluded nature of the main
residence, will lend Itself well to our proposed use. With an increased focus on safe places, the location
wm support a secfuded retreat like atmosphere away from the hustle and bustle of larger urban centres.
The proposed event/retreat centre wifl be operated ~n conjunction with the Seven Gables Bed &
Breakfast venue and allow for the acoornmodation of larger parties. Our pro,posaf is to seek approval to
convert the house to a 3 to S room Bed & Breakfast facUity along With other row impact housing (yurts
and/or small cabins) throughout the property and a~so to enable the construction of a rustic event barn
and parking on the land to the north of the house .•
Our proposed event/retreat centre would offer a unique facility for the Town. We strongly believe that
this will enhance the Town of TIHsonburg and attract more visitors and spending to our community,
which wifl be welcome, especially as we strive to recover from the impacts of the pandemic.
We are offering $850,000.00 towards the purchase of all the parcels outlined above. In addition to th ls,
we wiH pay for all rosts related to this proposed development and will also consider constructing the
trail extension through the adjacent property at our oost (to our specifications) along with the
construction of the trail through this property fn partnership with the Town. We have no lmJe with
providing easements for drainage and related uses as required.
• Buyer's name; Edwin and Maureen Mclaughlin
• Any conditions you anticipate being required; We anticipate needing proper zoning in order to
achieve our viskm for this property
Buyer's lnltialA, • Seller's Initials __ _
Page 148 of 245
., J
• Proposed purchase and/or development schedule; our plan is to dose as soon as possible to get
started on this.
• Any employment that may be related to a proposed use; Once our project is completed, there
would be employment opportunities for the hospitality and service industry.
• Any other relevant information.
Our proposal would require support from the Town of Tillsonburg and we would be looking for that
commitment as part of the negotiation process.
In dosing, we would like to thank the Town of Tillsonburg for their consideration of our proposal. We
believe that we are best suited to redevelop this property. Working together, we can create a signature
facility; with.in Southwestern Ontario, while supporting the growth and diversification of our economy.
We look forward to working with the Town of Tiiison burg to realize this opportunlty. Please do not
hesitate to contact us should you have any questions with respect to our proposal.
Sincerely,
Edwin and Maureen Mclaughlin
11'
Buyer's lnitia~ Seller's Initials __ _
)iM_
Page 149 of 245
Page 1 of 3
Subject: Q3 2020 COVID-19 Financial Impact & Projected Year-End Forecast
Report Number: FIN 20-40
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report FIN 20-40 Q3 2020 COVID-19 Financial Impact &
Projected Year-End Forecast as information.
BACKGROUND
The COVID-19 pandemic was declared in mid-March and has created financial
challenges for the Town of Tillsonburg which are anticipated to continue as the year
progresses. As the circumstances continue to evolve, new information is released, and
facilities presumably reopen, the financial outlook will also be changing.
DISCUSSION
This report provides the updated financial impact to the operating budget for the period
ended September 30, 2020. Staff last provided a report on potential financial impacts
related to the COVID-19 pandemic in mid-September; this will be the last report prior to
year-end. Financial reports provided to date are outlined in the following table:
Date
Report
Number Report Title
14-Apr-2020 FIN 20-13 Draft Deferred 2020 Capital Summary
14-Apr-2020 FIN 20-14 COVID 19 - Tax and Water Wastewater Deferrals
14-Apr-2020 FIN 20-15 Forecast of Operational Impacts on Town Finances
from COVID 19
10-Aug-2020 FIN 20-30 Q2 2020 COVID-19 Financial Impact
14-Sept-2020 FIN 20-33 Projected 2020 Year-End COVID-19 Financial
Impact
Page 150 of 245
FIN 20-40
Page 2 of 3
FINANCIAL IMPACT
Direct Costs
As was previously reported in FIN 20-30, the actual COVID-19 operational impact to the
Town totalled $294,117 for the period ended June 30, 2020. Due to exceptional savings
by the RCP department through July from reduced part-time labour and program
expenses, in addition to cuts to discretionary expenditures by all departments since the
onset of the pandemic, Provincial funding assistance, and part-time layoffs along with
the Corporate-wide hiring freeze, the net impact of COVID-19 on the Town is resulting
in a surplus of $587,209 to the end of September. This interim figure includes a Building
departmental surplus of $258,152 which is to be transferred to the obligatory Building
reserve.
The pandemic continues to heavily impact the Recreation, Culture, and Parks
department specifically due to open facilities with reduced operating hours/income and
increased sanitization expenses while expending regular staffing and operating costs.
The forecasted impact to the fourth quarter is estimated at $225,000.
Tax Deferrals
The Town received 61 tax deferral applications as a result of COVID-19 for a total of
$294,688. Deferrals were in effect though to August 1, with penalty and interest applied
commencing August 2 on outstanding balances.
Cost Reduction Measures
Staff across all departments have been working diligently to reduce costs and many
significant savings continue to be realized in various areas such as part-time wages,
training, meetings, hydro/electricity, advertising and subcontractor expenditures. These
mitigation measures equate to approximately $575,000 in realized savings.
Year-End Financial Forecast
The following year-end projection is based on the above results to September 30, 2020,
the Recreation, Culture and Parks continued arena operating plan per report RCP 20-
31, additional procurement of PPE, current cost reduction measures, and Provincial
funding assistance. Though there is still uncertainty regarding the ongoing financial
impact of the COVID-19 pandemic to the Town, we are now anticipating a year-end
surplus; this figure includes regular (non-pandemic) budget variances. The following
table outlines the various contributing estimated inputs.
Page 151 of 245
FIN 20-40
Page 3 of 3
Operating Items Cost / (Savings)
Budget-to-Actual Surplus as at Sept 30, 2020 $ (587,209)
RCP Estimated Impact (Oct-Dec) 210,000
PPE, Signage, Advertising Estimate (Oct-Dec) 15,000
Safe Restart Funding – Phase 1 (Oct) (461,700)
Municipal Transit Enhanced Cleaning Funding (Dec) (6,365)
Budgeted Transfers to Reserves (Dec) 70,000
Unbudgeted Transfer to Reserves (Building Surplus) 258,152
Other Unbudgeted Favourable Variances (100,000)
Estimated Year-End Deficit (Surplus) $ (602,122)
Estimated Surplus Range $550,000 to $650,000
Year-end surplus dollars will be reviewed and allocated following completion of the
annual external audit in accordance with the Town’s Annual Surplus/Deficit Allocation
Policy, through recommendation to Council.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
Attachments:
None.
Report Approval Details
Document Title: FIN 20-40 Q3 2020 Covid-19 Financial Impact and Year-End
Forecast.docx
Attachments:
Final Approval Date: Nov 18, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 18, 2020 - 2:57 PM
Michelle Smibert - Nov 18, 2020 - 2:58 PM
Page 152 of 245
Page 1 of 3
Subject: Renewal of Lease for 90 Concession Street East
Report Number: FIN 20-41
Author: Sheena Pawliwec, CPA, CGA
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report FIN 20-41 Renewal of lease for 90 Concession Street
East as information;
AND THAT Council authorize the Lease Extension and Amending Agreement to the
lease for 90 Concession St. E to the Province of Ontario for use as the Headquarters for
the Oxford County Detachment of the Ontario Provincial Police for 2021-2025;
AND THAT a By-law be brought forward for Council consideration.
BACKGROUND
The Town of Tillsonburg owns the police station located at 90 Concession Street East.
Since the year 2000, the Town has leased (L10767) the property to the Province for the
purposes of housing the Headquarters for the Oxford County Detachment of the Ontario
Provincial Police (OPP).
The property is leased on a gross rate per square foot (12,688 total sq ft) which is fixed
for the term of the Agreement. The Town is responsible for utilities, maintenance, and
payments in lieu of taxes. The initial 5-year term leased the building at a rate of $14.95
per square foot and subsequent five-year lease renewals were at rates of $18.90 (2006-
2010), $20.90 (2011-2015) and most recently at $23.50 (2016-2020).
DISCUSSION
Agents from CBRE acting on behalf of the Province requested that the Town consider
renewing for a further five years at the current rate as well as accept several other
housekeeping amendments to the Agreement to bring the language into compliance
with current legislation.
Page 153 of 245
FIN 20-41
Page 2 of 3
In order to secure revenue to continue to offset additional costs to the Town for regular
maintenance and PILs, it was requested that the Province consider a rate increase.
Through negotiations with the CBRE Representative, the draft Agreement prepared by
CBRE for approval by the Town and the Province includes a rate increase to $2 5.50 per
square foot.
CONSULTATION
The Town solicitor, Duncan, Linton, LLP has reviewed the draft Agreement and
provided a legal opinion (Appendix B).
FINANCIAL IMPACT
Under the new Agreement, the annual gross rental revenue for the lease is increasing
by 8.5% from $23.50 per square foot to $25.50 per square foot, reflecting a total
increase of $25,376 per year. This favourable impact has been included in the proposed
2021 Operating Budget. There is no additional increase built into the Agreement over
the five-year period.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
Attachments:
Appendix A – Lease Extension and Amending Agreement (L10767 - 90 Concession
Street East)
Appendix B – Legal Opinion on Lease Agreement (L10767)
Page 154 of 245
FIN 20-41
Page 3 of 3
Report Approval Details
Document Title: FIN 20-41 Renewal of lease for 90 Concession St. E.docx
Attachments: - FIN 20-41 - Appendix A - Lease Extension and Amending Agreement
(L10767 - 90 Concession Street East).docx
- FIN 20-41 - Appendix B - Legal Opinion on Lease Agreement (L10767).pdf
Final Approval Date: Nov 19, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 19, 2020 - 6:39 AM
Michelle Smibert - Nov 19, 2020 - 6:54 AM
Page 155 of 245
L10767
Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
FOURTH LEASE EXTENSION AND AMENDING AGREEMENT
THIS AGREEMENT made in duplicate as of January 1, 2021.
B E T W E E N:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Landlord”)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF GOVERNMENT AND CONSUMER SERVICES
(the “Tenant”)
WHEREAS:
A. By a lease dated October 1, 2000 (the “Original Lease”), the Landlord leased to Her
Majesty, the Queen in right of Ontario as represented by the Chair of the Management
Board of Cabinet (the “Chair”) the premises known as the entire building, comprising a
rentable area of approximately twelve thousand, six hundred and eighty-eight (12,688)
square feet (the “Rentable Area of the Premises”), in the building municipally known as
90 Concession Street East (the “Building”), in the Town of the Tillsonburg, in the
Province of Ontario, as more particularly described in Schedule A attached thereto and
hatched on the plan attached to the Original Lease as Schedule B thereto (the
“Premises”) for a term of five (5) years, commencing on October 1, 2000 and expiring
on September 30, 2005 (the “Original Term”), in addition to other terms and conditions
as set out therein.
B. Pursuant to the terms of the Original Lease, the Chair was entitled to extend the Original
Term for one (1) additional term of five (5) years.
C. By Order in Council No. 1487/2005, approved and ordered September 21, 2005, all of the
powers and duties assigned by law to the Chair in respect of the acquisition and
disposition of real property, or interests therein, by any means and the holding and
management of real property, or interests therein, were ass igned to the Minister of Public
Infrastructure Renewal (“MPIR”).
D. The MPIR exercised its right to extend the Original Term by a lease extension and
amending agreement dated October 1, 2005 (the “First Lease Extension and Amending
Agreement”) and the parties agreed that the extension term would commence on October
1, 2005 and expire on December 31, 2010 (the “First Extension Term”), in addition to
other terms and conditions as set out therein.
E. Pursuant to the terms of the First Lease Extension and Amending Agreement, the MPIR
was entitled to extend the First Extension Term for three (3) additional terms of five (5)
years each.
F. By Order in Council No. 1617/2008, approved and ordered September 17, 2008, all of the
powers and duties assigned by law to the MPIR in respect of infrastructure and any other
matters were transferred and assigned to Minister of Energy and Infrastructure (“MEI”).
G. By Order in Council No. 1320/2010, approved and ordered September 15, 2010, all of the
powers and duties assigned by law to the MEI under Order in Council No. 1617/2008 in
respect of infrastructure matters, including but not limited to the powers, duties, functions
and responsibilities of the MEI in respect of the Ministry of Government Services Act,
R.S.O. 1990, c.M.25 in respect of real property matters, were transferred and assigned to
the Minister of Infrastructure (“MOI”).
H. The MOI exercised its first right to extend the First Extension Term by a lease extension
and amending agreement dated January 1, 2011 (the “Second Lease Extension and
Page 156 of 245
- 2 -
Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
Amending Agreement”) with an extension term commencing on January 1, 2011 and
expiring on December 31, 2015 (the “Second Extension Term”), in addition to other
terms and conditions as set out therein.
I. Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated MOI’s
authorities and responsibilities with respect to real property in the name of MOI subject
to certain conditions by Delegation of Authority of Ontario Infrastructure and Lands
Corporation under the Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27.
J. By Order in Council No. 1376/2011, approved and ordered July 19, 2011, the MOI shall
exercise the powers and duties assigned by law to the MOI or that may otherwise be
assigned to or undertaken by the MOI in respect of infrastructure and any other matters
related to the MOI’s portfolio.
K. By Order in Council No. 219/2015, approved and ordered February 18, 2015, all of the
powers and duties previously assigned and transferred to the MOI under Order in Council
No. 1376/2011, save and except as set out in Order in Council No. 219/2015, were
assigned and transferred to the Minister of Economic Development, Employment and
Infrastructure (“MEDEI”).
L. The MEDEI exercised its second right to extend the First Extension Term, as extended
and amended, by a lease extension and amending agreement dated January 1, 2016 (the
“Third Lease Extension and Amending Agreement”) with an extension term
commencing on January 1, 2016 and expiring on December 31, 2020 (the “Third
Extension Term”), in addition to other terms and conditions as set out therein.
M. Pursuant to the terms of the Third Lease Extension and Amending Agreement, the
MEDEI was entitled to extend the Third Extension Term for two (2) additional terms of
five (5) years each, and such rights to extend superceded and replaced the remaining
rights to extend contained in the First Lease Extension and Amending Agreement.
N. By Order in Council No. 1342/2016, approved and ordered September 14, 2016, all of the
powers and duties previously assigned and transferred to the MEDEI under Order in
Council No. 219/2015 in respect of infrastructure and other matters are assigned and
transferred to the MOI.
O. By Order in Council No. 1152/2018, approved and ordered October 22, 2018, certain
responsibilities in respect of government property under the Ministry of Infrastructure
Act, 2011, S.O. 2011, c. 9, Sched. 27 and other responsibilities were assigned and
transferred from the MOI to the Minister of Government and Consumer Services.
P. By a letter dated June 30, 2020, the Tenant has now exercised its first right to extend the
Third Extension Term in accordance with the terms of the Third Lease Extension and
Amending Agreement, with a fourth extension term commencing on January 1, 2021 and
expiring on December 31, 2025 (the “Fourth Extension Term”), in addition to other
terms and conditions as set out herein.
Q. The Third Lease Extension and Amending Agreement provides that any extensions shall
be upon the same terms and conditions of the Original Lease, as amended and extended,
except for the amount of the Annual Rent, which shall be determined by mutual
agreement.
R. The Landlord and the Tenant have agreed on the amount of the Annual Rent for the
Fourth Extension Term.
S. The Original Lease, the First Lease Extension and Amending Agreement, the Second
Lease Extension and Amending Agreement, the Third Lease Extension and Amending
Agreement and this fourth lease extension and amending agreement (the “Fourth Lease
Extension and Amending Agreement”) are hereinafter collectively referred to as the
“Lease”, except as specifically set out herein.
Page 157 of 245
- 3 -
Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
promises hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto agree as follows:
1. CONFIRMATION OF RECITALS
The parties hereto confirm that the foregoing recitals are true in substance and in fact.
2. EXTENSION OF LEASE
The parties hereto agree that:
(a) The Lease is hereby extended for the Fourth Extension Term.
(b) The Fourth Extension Term shall commence on January 1, 2021 and expire on December
31, 2025.
3. RENT FOR THE FOURTH EXTENSION TERM
(a) The Annual Rent payable for the Fourth Extension Term shall be Three Hundred and
Twenty-Three Thousand, Five Hundred and Forty-Four Dollars ($323,544.00) per annum
(based on a rate of Twenty-Five Dollars and Fifty Cents ($25.50) per square foot of the
Rentable Area of the Premises per annum), payable in equal monthly installments of
Twenty-Six Thousand, Nine Hundred and Sixty-Two Dollars ($26,962.00), each on the
first day of each month during the Fourth Extension Term, the first of such monthly
installments to be due and payable on January 1, 2021.
4. AMENDMENT OF LEASE
The extension contemplated in Section 2 of this Fourth Lease Extension and Amending
Agreement is subject to all the covenants and conditions contained in the Original Lease, as
amended, renewed and extended from time to time, save and except that:
(a) The Landlord and the Tenant agree that the Tenant shall be granted one (1) further option
to extend the term of the Lease for five (5) years (the “Further Extension Term”). The
Further Extension Term shall be upon the same terms and conditions of the Original
Lease, as extended, renewed or amended, as the case may be, except that there shall be no
further right of extension beyond the Further Extension Term except for the Annual Rent,
which shall for the Further Extension Term be based upon: (i) the Rentable Area of the
Premises, and (ii) the Market Rental as of the date which is six (6) months prior to the
commencement of the Further Extension Term. The Annual Rent for the Further
Extension Term shall be determined by mutual agreement as of the date which is six (6)
months prior to the expiry of the Fourth Extension Term or the Further Extension Term,
as the case may be, or failing such agreement, by arbitration in accordance with Section
6.14 of the Original Lease.
The Tenant shall give written notice to the Landlord of its extension of the Lease at least
six (6) months prior to the end of the Fourth Extension Term or the Further Extension
Term, as the case may be.
The Landlord and Tenant acknowledge and agree that the extension rights granted in
subsection 4(a) of this Fourth Lease Extension and Amending Agreement shall be
granted in addition to the one (1) remaining extension right contained in the Third Lease
Extension and Amending Agreement and the one (1) remaining extension right contained
in the Third Lease Extension and Amending Agreement shall continue to survive and
remain in full force and effect, for a total of two (2) extension rights available to the
Tenant at the commencement of the Fourth Extension Term.
(b) The Original Lease is amended as follows:
(i) Paragraph (g) of the Summary, as amended, is deleted in its entirety and replaced
with the following address for the Tenant for the purposes of delivering notices in
accordance with Section 6.17 of the Original Lease:
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Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, Ontario M5G 1Z3
Attention: Vice President, Asset Management
Fax: (416) 327-1906
With a copy to:
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, Ontario M5G 1Z3
Attention: Director, Legal (Leasing and Contract Management)
Fax: (416) 327-3376
And an additional copy to:
CBRE Limited
18 King Street East, Suite 1100
Toronto, Ontario M5C 1C4
Attention: Global Workplace Solutions – Director, Lease Administration – OILC
Fax: (416) 775-3989
(ii) In the Definitions section of the Original Lease, the definition of “Open Data”
shall be inserted:
““Open Data” means data that is required to be released to the public
pursuant to the Open Data Directive.”
(iii) In the Definitions section of the Original Lease, the de finition of “Open Data
Directive” shall be inserted:
““Open Data Directive” means the Management Board of Cabinet’s
Open Data Directive, updated on April 29, 2016, as amended from time to time.”
(iv) Section 4.15, Construction Lien, shall be deleted in its entirety and replaced with
the following:
“Section 4.15
Construction Lien
Not to suffer or permit during the Term hereof any construction liens or
other liens for work, labour, services or materials ordered by it or for the cost of
which it may be in any way obligated, to attach to the interest of the Landlord in
the Premises or the Lands, and that whenever and so often as any claim for lien is
received by the Tenant or registered on title to the Lands, the Tenant shall, as
soon as reasonably possible on the earlier of receiving notice of the claim or
registration, procure the discharge or vacate thereof by payment or by giving
security or in such other manner as is or may be required or permitted by law.”
(v) Section 4.5, Assign or Sublet, shall be deleted in its entirety and replaced with the
following:
“Section 4.5
Assign or Sublet
(A) Not to assign this Lease, sublet, part with or share possession of the
Premises or any part thereof (in each case, a “Transfer”) without the prior
written consent of the Landlord, such consent not to be unreasonably
withheld, delayed or conditioned.
Page 159 of 245
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Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
(B) Despite the foregoing, the Landlord acknowledges and agrees the Tenant
may, without the Landlord’s consent, change the Occupant of the
Premises, in whole or in part, or sublet or assign this Lease to any of the
following (each shall be referred to herein as a “Permitted Transfer” to a
“Permitted Transferee”), namely, any municipal, provincial or federal
(in each case to the extent applicable) (i) governmental agency, board or
commission, (ii) ministry, (iii) Crown corporation, or (iv) department or
Person affiliated with the Tenant or its Service Providers, and the Tenant
shall be released from all its liabilities and obligations hereunder in the
event of an assignment or sublet to a Permitted Transferee. The Landlord
specifically acknowledges and agrees that the use or occupation of all or
part of the Premises by any Permitted Transferee does not constitute an
assignment or sublet and does not require the Landlord’s consent. The
Landlord also acknowledges and agrees that, notwithstanding anything
herein contained to the contrary, the Tenant may, without the Landlord’s
consent, but upon notice to the Landlord, permit portions of the Premises
to be used by the Tenant’s Service Providers. “Service Provider” means
any Person retained by the Tenant to provide services to the Tenant in
respect of the administration of and operations under this Lease.
(C) If the Landlord’s consent is required for an assignment or sublease, then
the Landlord’s consent shall be deemed to have been given unless the
Landlord notifies the Tenant in writing of the reasons for the Landlord’s
disapproval within fifteen (15) days of receipt of the request.
Notwithstanding anything to the contrary contained in this Lease, the
Landlord shall be liable for any loss, damages, costs, and expenses
incurred by the Tenant (including solicitors’ fees on a substantial
indemnity basis) in respect thereof as a result of the Landlord
unreasonably withholding or unduly delaying its consent to an assignment,
subletting or other transfer proposed by the Tenant hereunder. The
Landlord also acknowledges and agrees that, notwithstanding anything
herein contained, the Tenant may, without the Landlord’s consent but
upon notice to the Landlord, permit portions of the Premises to be used by
the Tenant’s Service Providers. With respect to any assignment or
sublease requiring the Landlord’s consent, the Tenant will prepare and
provide to the Landlord an assignment of lease or sublease, as the case
may be, on the Tenant’s standard form, duly executed by the assignee or
subtenant, as the case may be.
(D) Notwithstanding anything herein contained, the Tenant shall have the right
upon any Transfer by way of sublease to direct all rent and other sums
payable by the Permitted Transferee under such sublease to the Landlord
rather than to the Tenant; provided, however, that the Tenant shall
continue to remain liable for all Base Rent and other sums payable
hereunder in respect of the Premises which are demised under such
sublease and, to the extent necessary, shall pay to the Landlord any
shortfall in such rent or other sums in the event that the amounts paid by
the Permitted Transferee are less than the amounts required to be paid.
Any consent by the Landlord to a Transfer shall not constitute a waiver of
the necessity for such consent to any subsequent Transfer.”
(vi) Section 6.31, Further Assurances, shall be inserted as follows:
“Section 6.31
Further Assurances
The parties hereto shall execute and deliver all such other instruments and take all
such other actions as any party may reasonably request from time to time in order
to effect the terms and conditions of this Lease. The parties shall cooperate with
each other and their respective counsel and accountants in connection with any
actions to be taken as a part of their respective obligations under this Lease.”
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Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
(vii) Section 6.32, Counterparts, shall be inserted as follows:
“Section 6.32
Counterparts
The parties agree that this Lease may be executed in counterparts, each of which
shall be deemed an original and all of which shall be construed together as a
single binding instrument. Such counterparts may be delivered by facsimile or
other electronic means, including by electronic mail in portable document format
(PDF). The electronic signature of any party hereto shall constitute a valid and
binding signature with the same effect as an original signature endorsed hereon.
Any party delivering an executed counterpart of this Lease by facsimile or by
electronic transmission shall, if requested, also deliver an originally executed
counterpart within seven (7) days of the facsimile or electronic transmission.
Failure to deliver an originally executed copy shall not affect the validity,
enforceability or binding effect of this Lease.”
5. GENERAL
(a) The Landlord and the Tenant hereby mutually covenant and agree that during the Fourth
Extension Term they shall perform and observe all of the covenants, provisos and
obligations on their respective parts to be performed pursuant to the terms of the Lease,
as amended and extended hereby.
(b) Either party shall continue to have the right to cancel the Lease in accordance with
Section 6.30 of the Original Lease, with such date of cancellation to be effective at any
time, by giving the other party no less than twelve (12) months’ prior written notice of
cancellation.
(c) The Lease shall be binding upon and enure to the benefit of the parties and hereto and
their respective heirs, executors, administrators, successors and assigns, subject to the
express restrictions contained therein.
(d) Capitalized expressions used herein, unless separately defined herein, have the same
meaning as defined in the Lease, as amended and extended.
(e) The provisions of this Fourth Lease Extension and Amending Agreement shall be
interpreted and governed by the laws of the Province of Ontario.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
(f) The Landlord acknowledges that the Lease and any information contained herein, may be
required to be released pursuant to the provisions of the Freedom of Information and
Protection of Privacy Act, R.S.O. 1990, c.F.31 and the Open Data Directive as amended.
This acknowledgement shall not be construed as a waiver of any right to object to the
release of the Lease or of any information or documents.
EXECUTED by each of the parties hereto under seal on the date written below.
SIGNED, SEALED AND DELIVERED Dated this ____ day of ____________,
20__.
THE CORPORATION OF THE TOWN
OF TILLSONBURG
By: _____________________________
Name:
Title:
Authorized Signing Officer
By: _____________________________
Name:
Title:
Authorized Signing Officer
Dated this ____ day of ____________,
20__.
HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER
OF GOVERNMENT AND CONSUMER
SERVICES, AS REPRESENTED BY
ONTARIO INFRASTRUCTURE AND
LANDS CORPORATION
By: _____________________________
Name:
Title:
Authorized Signing Officer
Page 162 of 245
Page 163 of 245
Page 1 of 2
Subject: Waste Management Contract renewal
Report Number: OPS 20-35
Author: Dan Locke, C.E.T., Manager of Public Works
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report OPS 20-35 Waste Management Contract renewal as
information;
AND THAT a By-Law to authorize the Waste Management Contract, be brought forward
for Council’s consideration.
BACKGROUND
The previous contract By-Lawaw #3319 was from 2008 and many improvements have
been implemented since that time. These improvements include the newly designed
Transfer Station in 2017 and the County selected a new service contractor for the
curbside waste collection in 2020.
The County of Oxford and the Town of Tillsonburg negotiated the new contract due to
the changes over the past 12 years in order to update the contract to be in line with the
current practices.
County Council approved the execution of this agreement during their meeting on
Wednesday, October 28, 2020.
DISCUSSION
The new contract is updated and is reflective of the current practices in place today.
CONSULTATION
Staff from both The County of Oxford and The Town of Tillsonburg met to discuss,
review and amend the previous contract.
FINANCIAL IMPACT/FUNDING SOURCE
The new contract was reviewed by the Finance Department and any concerns that were
brought forward were discussed and the contract amended to satisfy these concerns.
No change to the funding source.
Page 164 of 245
OPS 20-35
Page 2 of 2
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☒ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Tillsonburg WM Contract
Appendix B – Tillsonburg WM Contract Schedule A B C
Report Approval Details
Document Title: OPS 20 -35 Waste Management Contract.docx
Attachments: - Tillsonburg WM Contract_Final_ Sep 10 2020.pdf
- Tillsonburg WM Contract Schedule A B C_Final_Sep 10 2020.pdf
Final Approval Date: Nov 17, 2020
This report and all of its attachments were approved and signed as outlined below:
Kyle Pratt - Nov 17, 2020 - 3:49 PM
Page 165 of 245
This Agreement entered into as of this ____day of ___________, 2020 by and between
The Corporation of the Town of Tillsonburg
(hereinafter called “Town”)
-and-
County of Oxford
(hereinafter called “County”)
WASTE MANAGEMENT AGREEMENT
Whereas Section 75 (1) of the Municipal Act, 2001 chap. 25, provides that the County may
designate any of its waste management services or facilities for the management of waste or
any class of waste to the Town, for which it has the power to provide the service or facility;
And whereas the Town and the County wish to enter into an agreement where the Town
provides for large article items and yard waste/compost program on behalf of the County;
And whereas the parties agree that the intent of this agreement is to provide high quality waste
management in a sustainable and cost effective manner for properties serviced by the Town on
behalf of the County;
And whereas the parties intend to consult with each other about policy changes and to the
degree appropriate, consider the implications, financial and other, for the communities;
Now therefore this Agreement witnesses that in consideration of the mutual contents contained
herein, the Parties hereto covenant and agree as follows:
1.0 GENERAL CONDITIONS
1.1 Term
The term of the contract shall, commence May 1, 2020 and shall be revised upon final
termination of the County’s contract with an external waste management service
provider serving all area municipalities with the exception of the Township of South-West
Oxford and the City of Woodstock.
1.2 Changes to the Agreement
The parties agree that any changes to the terms of this agreement, must be made in
writing and approved by each municipality’s Chief Administrative Officer or Designate.
Page 166 of 245
2.0 AGREEMENT
2.1 Payment
In accordance with paragraph 2.5, the County shall pay one half of the annual fees for
service on a semi-annual basis as determined in section 2.5 of this agreement. For the
purposes of this section, semi-annual shall mean April 1 and October 1. The Town will
complete a final reconciliation, and where fees for services set out in this agreement are
less than calculated in paragraph 2.5, refund of fees shall be paid by February 28th of the
following year.
2.2 Grants
Town and the County staff will work together to maximize grants and subsidies from
Stewardship Ontario and/or any other agency that may from time to time support waste
and recycling collection, transfer or diversion programs. Both parties will track
appropriate metrics and costs required to maximize funding, and report in the required
format to meet reporting deadlines.
2.3 Meetings
Town and the County staff will meet at least annually to ensure quality and a consistent
level of service is provided to the waste management users and on any interim basis if
deemed necessary by either party.
2.4 Household
For the purposes of this agreement, household count shall be based on the annual
returned roll household numbers as determined by the Municipal Property Assessment
Corporation.
2.5 Services covered under the Agreement
Fees for services set out in this Agreement shall not exceed the total cost per household
under the County’s current contract with an external waste management service
provider.
The contract per household fees are set out in Schedule “A”, attached hereto and
forming part of this Agreement. This schedule shall be amended annually to reflect the
County’s approved budget which includes CPI increases calculated in accordance with
the County’s contract for waste management services with an external waste
management service provider (75% of the increase set out in the Consumer Price Index
for Ontario as published for the previous 12-month period by Statistics Canada) and
household figures as determined in paragraph 2.4.
A customer service charge of $2.50 per household, shall be paid by the County to cover
expenses related to record keeping, customer service, general overhead and other such
administrative costs for services referred to in this agreement. For the purposes of
determining the annual customer service charge, household figures as set out in
paragraph 2.4 will apply.
Page 167 of 245
2.5.1 Special Collection/Depots
• Large Article
Large article items consist of the collection, either curbside or costs to
operate a depot of large items and transportation to Salford Waste
Management Facility. The items collected shall be consistent with those
guidelines set out by the County. The Town will be responsible for paying
the County tipping fees as they relate to the large item curbside pickup
and/or depot collection..
The County will pay the Town of Tillsonburg $16,400 to reimburse the Town
for the cost of the tipping fees paid by the Town as per 2020 budget, and as
set out in Schedule ‘C’. This fee will be indexed to the County’s Fees and
Charges By-Law Landfill Tipping Fees
2.5.2 Yard waste/compost program
The Town shall supply all labour, materials and equipment to operate a yard
waste depot to permit drop off of leaves, lawn and garden waste and brush and
to develop a yard waste compost site subject to the requirements of the Ministry
of the Environment and Climate Change. The contract price per tonne are set out
in Schedule “B”, attached hereto forming part of this Agreement. This schedule
shall be amended annually to reflect CPI increases calculated in accordance with
the County’s contract for waste management services with an external waste
management service provider (75% of the increase set out in the Consumer Price
Index for Ontario as published for the previous 12-month period by Statistics
Canada)
The County is responsible for transportation costs.
2.6 New Initiatives
Permit the inclusion of the cost in the County’s overall waste management budget
funding of new programs that will significantly advance reduction, diversion and recycling
goals of the County. Approval of such new initiatives are subject to the approval of
County Council and developed in collaboration with the Area Municipalities.
2.7 County Bag Tags
2.7.1 The Town shall require that all waste collected has affixed County Bag(s) as per
County policy.
2.7.2 The Town shall act as a sales outlet for County Bag Tags.
Page 168 of 245
3.0 INDEMNITY AND INSURANCE
3.1 The Town shall, at all times, indemnify and save harmless the County and its officers,
directors, agents and employees from and against all claims, damages, losses and
expenses, including, but not limited to attorneys' fees, court and arbitration costs, or
other proceedings made, sustained, brought or prosecuted that are based upon, or
attributable in any way to the negligent acts, errors or omissions of the Town in
connection with Services performed, purportedly performed or required to be performed
by the County under this Agreement.
4.0 DISPUTE RESOLUTION
4.1 The County and the Town will attempt in good faith to resolve any dispute arising in
connection with this Agreement informally according to the following procedure:
4.1.1 Upon written request of a party identifying a dispute to be resolved, the
representatives, or their designate(s) as listed in paragraph 6.0 below, will
meet within fifteen days after the request is received from the requesting
party. At this meeting, the designated representatives will identify the
scope of the dispute and the information needed to discuss and attempt
to resolve the dispute. These management representatives will then
gather relevant information regarding the dispute and will meet again to
discuss the issues and negotiate in good faith to resolve the dispute.
Such second meeting will occur within fifteen (15) days of the first
meeting.
4.1.2 If a dispute is not resolved by the methods indicated above, the parties
may, upon mutual agreement, appoint a committee designed to assist the
municipalities in reaching an agreement on the issue in dispute. Failing
resolution, the parties may seek involvement of senior representatives
(Chief Administrative Officer’s) for both municipalities and at which time
the senior representatives will determine if involvement of respective
municipal councils is required.
5.0 GENERAL
5.1 The Town will comply with all federal, provincial and municipal laws while performing the
Services hereunder, including but not limited to the Human Rights Code, R.S.O. 1990,
Chapter H. 19, as amended.
5.2 This Agreement constitutes the entire agreement between the County and the Town.
There are no other agreements, understandings, representations of warranties, either
collateral, oral or otherwise.
Page 169 of 245
5.3 The County and the Town acknowledge that, in the event that Federal and/or Provincial
legislation or regulation is enacted that imposes change to the County’s waste
management program, including recycling services, as set out herein, the terms and
conditions of this Agreement shall be amended to ensure compliance with such
legislation.
5.4 Force Majeure
In the event that either Party shall be unable to fulfil, or shall be delayed, or shall be
prevented from the fulfilment of, its obligations under this Agreement by reason of an
Event of Force Majeure or other reasons of like nature beyond the reasonable control of
the Party delayed or prevented from fulfilling any obligation, hereunder, save and except
for any delay or prevention from such fulfilment caused by a lack of funds or other
financial reasons, strikes or other concerted acts by workers, delay or other failure
arising out of the nature of the work to be done, or from the normal action of the
elements or from any normal difficulties that may be encountered in the performance of
the work, having regard to the nature thereof shall in no event be deemed to be a cause
beyond a Party’s control.
An “Event of Force Majeure” means an event beyond the control of a Party hereto that
prevents the Party from complying with its obligations under this Agreement, including
but not limited to:
a. acts of God such as, but not limited to, explosions, drought, pandemics, and tidal
waves that are not considered a normal action of the elements;
b. war, hostilities (whether declared or not), invasion, acts of foreign enemies,
mobilization or embargo;
c. mobilization, insurrection or military use of power, or civil war;
d. riot, commotion, or other unexpected and unforeseen disorder resulting in a
substantial impact in the Party’s ability to perform its obligations under this Agreement;
or
e. acts or threats of terrorism.
In the event that the performance of the terms and conditions of this Agreement, in the
reasonable opinion of either Party, is made impossible by an Event of Force Majeure,
then either Party shall notify the other in writing and the County shall either; terminate
the Agreement forthwith and without any further payments being made; or authorize the
Town/Township to continue the performance of the Contract with such adjustments as
required by the existence of the Event of Force Majeure and as agreed upon by both
Parties.
In the event of a strike or lockout which shall not constitute an Event of Force Majeure,
the Town/Township is responsible to maintain all services provided under this
Agreement, to whatever reasonable degree possible and, if necessary, in co-operation
with the County.
Page 170 of 245
Within thirty (30) days of the award of any Agreement, the Town/Township shall submit
for review and approval to the County, acting reasonably, a “Business Continuity
Contingency Plan” explaining in detail how performance of the service during any strikes
and/or lockouts, fire, an Event of Force Majeure or other major interruptions in the
performance of its obligations under this Agreement shall be maintained at the
Town’s/Township’s sole cost. Such Business Continuity and Contingency Plan shall
become a part of the Agreement and shall be subject to all the terms of the Agreement.
Failure to submit a sufficient Business Continuity Contingency Plan, in the sole
discretion of the County, may result in termination of the Agreement.
A Party shall not be considered to be in breach of this Agreement to the extent the
performance of their obligations is modified in accordance with the Business Continuity
Contingency Plan as a result of an Event of Force Majeure. The Party (hereinafter in this
Section the “Affected Party”) implementing the Business Continuity Contingency Plan
shall forthwith give written notice to the other Party of becoming aware of an Event of
Force Majeure to the Affected Party.
The Affected Party shall be entitled to a reasonable extension for the time of completion
of its obligations set forth in this Agreement and in accordance with the Business
Continuity Contingency Plan that may be reasonably required by the Affected Party and
agreed to by the other Party to mobilize to continue with the fulfillment of its obligations
pursuant to this Agreement. The Parties acknowledge and agree that in the event of
conflict between the terms and provisions of this section and any other section contained
in the Agreement, the terms and provisions of this section shall govern and apply.
5.5 Termination
Either party may terminate this Agreement at any time, without fault and without liability,
upon six (6) months’ written notice to the other.
Either party may terminate this Agreement at any time if the other does not comply with
any of its terms, provided notice is provided and the party failing to meet its obligations is
given a reasonable time to comply.
Upon termination, the County shall pay the Town/Township for all services satisfactorily
performed up to and including the date of termination.
6.0 NOTICE
6.1 Any notice as provided for under this Agreement may be served or given
(a) by the County to the Town by mailing (by prepaid registered mail), emailing, or faxing the
same addressed to:
The Corporation of the Town of Tillsonburg
10 Lisgar Ave
Tillsonburg, Ontario N4G 5A5
Fax No. 519-688-0759
E-mail clerks@tillsonburg.ca
Attention: Clerk
and
Page 171 of 245
(b) by the Town to the County by mailing (by prepaid registered mail), emailing, or faxing the
same addressed to:
County of Oxford,
P. O. Box 1614, 21 Reeve Street
Woodstock, Ontario. N4S 7Y3
Fax No. (519) 421-4713
E-mail: clerks@oxfordcounty.ca
Attention: Clerk
7.0 INUREMENT
7.1 This Agreement and everything herein contained, unless the context otherwise requires,
shall inure to the benefit of and be binding upon the parties hereto, their successors and
assigns respectively.
The parties hereto have hereunder set their hands and seals the day and year first above
written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their
proper officers duly authorized in that behalf.
Dated at Woodstock, Ontario this ___day of _________,2020.
The Corporation of the Town of Tillsonburg
___________________________
Stephen Molnar, Mayor
___________________________
Kyle Pratt, CAO
County of Oxford
___________________________
Michael Duben, CAO
___________________________
David Simpson, Director of Public Works
Page 172 of 245
2020 2021 2022 2023 2024
Actual*Estimate2*Estimate2*Estimate2*Estimate2*
Large article $3.19 $3.20 $3.23 $3.26 $3.28
Cost phase-in allowance 1 $1.25 $0.50 $0.00 $0.00 $0.00
$4.44 $3.70 $3.23 $3.26 $3.28
Customer Service $2.50 $2.50 $2.50 $2.50 $2.50
Cost per household $6.94 $6.20 $5.73 $5.76 $5.78
1 Costs have been phased in over 2 years
2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement
* Rates are effective May 1
2020 2021 2022 2023 2024
Actual Estimate2 Estimate2 Estimate2 Estimate2
Yard waste drop off site $15.30 $15.59 $15.88 $16.18 $16.48
Cost phase-in allowance 2 $3.00 $1.50 $0.00 $0.00 $0.00
Cost per tonne $18.30 $17.09 $15.88 $16.18 $16.48
1 Costs have been phased in over 2 years
2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement
2020 2021 2022 2023 2024
Actual Actual
Estimate1 Estimate1 Estimate1
Landfill Tipping Fees $16,400 $16,470 $16,720 $16,970 $17,220
Annual Cost $16,400 $16,470 $16,720 $16,970 $17,220
1 Future period rates are estimated; recalculation will be based on paragraph 2.5.1 of the agreement
ANNUAL FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "A"
PER HOUSEHOLD FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "B"
PER TONNE FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "C"
Page 173 of 245
Page 1 of 11
Subject: July to September RCP Activity Report
Report Number: RCP 20-39
Author: Christopher Baird, Director of Recreation, Culture & Parks
Meeting Type: Council Meeting
Meeting Date: Monday, November 23, 2020
RECOMMENDATION
THAT Council receives report RCP 20-39, July to September 2020 Activity Reports, for
information.
BACKGROUND
The following activity summaries are provided from Administration, Recreation
Programs & Services, Culture & Heritage, Facilities, and Parks & Cemetery Divisions,
for the third quarter of 2020. These updates are provided quarterly for Council’s
information.
DISCUSSION
Staff are pleased to speak to any item or project should Council have any questions.
CONSULTATION
The following summaries have been prepared by the staff leads in each respective
Division of the Recreation, Culture & Parks Department and reviewed by the Town’s
CAO Mr. Pratt.
FINANCIAL IMPACT/FUNDING SOURCE
N/A
ADMINISTRATION
The RCP Administration team includes the Director, the Sales & Services Coordinator,
and partnership with our financial analyst supported by the Finance Department.
The third quarter of 2020 continues to be impacted by the COVID-19 service reductions.
Staff continually prepared and adjusted for planned re-openings following provincial and
municipal directives to be ready to respond to the directives of the Province and
Southwestern Public Health.
Some major accomplishments during the 3rd quarter included:
Page 174 of 245
RCP 20-39
Page 2 of 11
Ongoing communications with Provincial & Federal Government representatives
regarding the Town’s $5 million ICIP Infrastructure Grant.
Updated Council on the status of the Clarico RCP Service Review.
Completion of the Memorial Park Community Centre Parking Lot expansion.
Finalized the draft 2021 MOU with the Tillsonburg BIA.
Coordinating revised timeline for new Water Slide installation for April 2021.
Review and prioritization of outstanding Capital Projects within RCP.
Participation in the Customer Service Centre Façade Replacement Project.
Completion of the Glendale Park Playground Replacement RFP.
Development of a new 10-Year RCP Capital Plan.
Meetings with all RCP related Advisory Boards.
Completion of the 2021 RCP Business Plan.
Completion of the 2021 RCP Capital & Operating Budget.
Review of RCP Staffing levels.
Preparing RCP for next stages of the Asset Management Plan.
COVID-19
Reopening plans were completed for each area with safety measures and timelines.
Risk assessments were completed and approved by the Joint Health & Safety
Committee.
A plan was created for TCC to act as a cooling centre as SWPH deemed this an
essential service and during the mandated closure no other public spaces were
available. Health and Safety measures were put in place and staff operated the Cooling
Centre during heat warnings in June. The cooling centre is no longer needed now that
public spaces are available to residents.
The Emergency Evacuation Reception Centre plan was updated to include pand emic
protocols.
Two full-time staff from the administration team were redeployed to the Parks and
Cemetery team from April until mid-July.
Recreation Program team members worked with the COVID-19 Task Force to develop
a community survey for reopening. The feedback has been integrated into the
reopening plans for the RCP department.
Programs & Facilities
BUSINESS SERVICES TEAM
The Business Services Team includes the Manager, the Programs and Facilities
Registrar and 2 Customer Service Representatives. The team is responsible for
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administration, customer service and reception, marketing, program registrations and
facilities bookings and rentals.
Administration
Software
In April, 2020 Legend informed Tillsonburg staff that they had been acquired by TSG
Inc. and communicated their strategy in the Canadian Market. Two recreation software
companies were acquired, Legend and Perfect Mind. PerfectMind has been designated
as the software to service the North American market and Legend is designated for the
UK market. Tillsonburg will be transitioning to PerfectMind software in 2021.
Program Guide/Registration
The fall program guide was released on August 31 and was available to residents
online.
Program offerings were greatly reduced due to COVID -19 restrictions and capacities
were lowered to meet public health guidelines. The online guide was well received an d
allowed for flexibility when changes were necessary to ensure the most up to date
information was provided to the public.
Programs & Facilities
Arena
User groups were notified that limited summer ice would be available with COVID -19
restrictions in place beginning on July 18th. Requests were submitted and the uptake for
arena use was high, with the requests far exceeding available timeslots. All trainers
were accommodated with ice time.
September saw the return of all minor sport organizations.
The schedule for Fall 2020 was laid out and seasonal contracts were issued for both
minor and adult seasonal users. Contract holders were provided with new protocols for
using the facility, ensuring all COVID-19 restrictions were clearly outlined.
Ball Diamonds
All diamonds opened on August 1st and league play resumed for those who did not
already cancel the season. Tillsonburg Men’s Slo -pitch ran their 2020 season; teams
were divided to ensure that leagues did not exceed 50 players. There were also
seasonal rentals from the Tri-City Giants and Ontario Nationals. Both organizations
utilized Sam Lamb diamond into the fall.
AQUATICS TEAM
The RCP Aquatics Team includes the Aquatics Supervisor, 2 aquatics Coordinators, 2
Full-time Aquatics Instructor/Lifeguards and student Lifeguards. The Aquatics team is
responsible for swimming instruction, indoor pool lifeguards, waterpark lifeguards,
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aquafit programs, drowning prevention outreach programming and artistic swimming
instruction.
Lake Lisgar Waterpark
Lake Lisgar Waterpark opened on July 11 th, 2020. Part-Time staff were hired and
trained on COVID-19 protocols prior to the opening and repairs were completed to
ensure the pool was operational without the new slide in place. Swims were offered in
1-hour timeslots with half an hour in between each swim for cleaning and sanitizing.
Change rooms were not available in order to minimize surface con tact and to adhere to
distancing requirements. Pool capacity was greatly reduced as per the public health
restrictions in place during the summer months. 3802 participants attended the water
park over the two months. There were 5 one-day closures and 6 early closures due to
inclement weather. The feedback from patrons was overwhelmingly positive for the
availability of programming during such a challenging time.
Indoor Pool
In order to implement all the necessary COVID-19 protocols fall program offerings were
greatly reduced. Capacity was reduced to 20 people per program time due to the
physical distancing requirements. The capacity in the change rooms is the biggest
barrier to the numbers of people that can be accommodated. The aquatics team
worked to offer as many programs as possible to accommodate all the necessary
operational requirements while serving the community as best as possible. Although
several programs were cancelled and the pool capacity was greatly reduced the
following modified programs were offered for the fall:
Lane Swims
Adult Swims
Aqua Fit
Deep Water Jogging
Water Cycling
Swimming Lessons
Community Swims
Staff Training
All aquatics staff were certified in Airway Management. This course provides specific
knowledge and training in the use of oxygen, suction devices, oral airways and
masks/bag valve masks. Staff are now qualified to provide customers with a much
higher level of care and can offer oxygen therapy in all emergencies. It also provides
staff with an added layer of protection by reducing the close proximity required for
ventilations in airway emergencies. Staff completed the training successfully and were
very grateful for the additional qualification.
Advanced Courses
Prior to opening the Indoor Pool aquat ics staff were able to offer a full compliment of
Advanced Aquatic training during a time when other Aquatic Centres in the area were
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not yet able to accommodate the need. There were total of 71 participants in the
advanced courses.
PROGRAMS TEAM
The RCP Programs team includes the Programs Supervisor, the Recreation Programs
Coordinator, the Active Living Coordinator as well as Part Time Health Club Attendants,
Sports Facilitators and youth leaders. The Programs team is responsible for dry land
fitness instruction, health club operations, Adult Co-Ed sports league programming,
youth programs and summer programs.
Recreation Programs
Recreation Programs resumed as of August 10th. A limited number of summer youth
programs were offered. All programs offered took place outdoors in order to ensure
physical distancing and registration was limited to 10 participants. Summer youth
programs had 54 registrations.
A more complete schedule of youth programs was offered for fall. Programs that weren’t
able to meet health and safety guidelines had to be cancelled, including cooking
classes, which had run with great success in seasons prior. Evening programs taking
place in schools were also cancelled due to the school rental being cancelled. The
reliance on school rentals has been a hindrance to recreation programming.
Youth programs are all running with half capacity to ensure physical distancing indoors.
Programs are experiencing low registration except for dance and gymnastics that have
been popular this fall. Advertising, restrictions and participant’s willingness to join a
recreation program have all been obstacles. The first 7 weeks of programs had 17
participants register. Ultimate Sports was moved outdoors and had 6 registrations
allowing the program to run in its new format for the first time.
Volleyball leagues
The adult volleyball program was cancelled for the fall due to the school rental being
cancelled.
Fitness Programs
Summer Fitness programs were offered outdoors beginning on August 10 th. Fitness
Classes had 90 registrations during the month of August.
Fitness Classes have grown substantially since the minimal program offerings in the
summer. Fall saw a return to a full fitness class schedule, including 30-minute classes in
the evening. Compared to September of last year, fitness class attendance has gro wn
by 6%, mainly due to the expanded schedule and 30 minute classes implemented in Q1
of 2020.
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As Fitness Classes gain traction, the opportunity for more offerings will be assessed.
The 30-minute evening classes have been popular and continuing to cater to the
evening crowd may be a source of expansion in restricted times. Contingency plans for
the lowering of class sizes are being made in attempts to mitigate effects of any further
restrictions for fitness classes.
Health Club
The Health Club reopened on August 10th. COVID-19 restrictions were put in place
which limited the capacity to 5 patrons at a time and required patrons to access the
Health Club by reservation only. The Health Club is booked for 75-minute time slots with
half an hour in between fo r disinfecting to take place. In the summer, Health Club
access was by passes only as the restrictions did not allow for pool access or flexible
times previously offered in the full complement of membership services. In total, 28
patrons visited the Health Club in August. Reactivation of memberships was offered
after Labour Day, with 44 members reactivating to date, and pool usage returned to the
services available with memberships. Bookings for the Health Club have steadily
increased into the fall with time slots often being at capacity.
FACILITIES
Capital Project Update
Waterslide is Q2 2021, due to the availability of contractors
Annandale Diamond Lighting upgrades – project to be reviewed in 2021 due to
budget constraints and other long-term considerations.
Refresh Memorial Park Pavilion – postponed to 2021
Sauna – on hold subject to ICIP Grant Announcement
OPP HVAC – postponed to 2021, HVAC Replacement to be re-budgeted in 2021
due to higher cost
Station Arts roof – completed
TCC fire panel work is completed, awaiting inspection to address deficiencies
found during install in Q4
Operational Update
Colin Campbell Community Rink had ice installed in early July and was open for
summer rentals
Part time Facilities staff were recalled
Kinsmen Memorial Rink had ice installed in early September with rentals
beginning October 1st
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Disabled showers and hand dryers in all dressing rooms per SWPH instructions
Drains were installed in the Outdoor rink to assist drainage
Facilitated the installation of a fountain at the Outdoor Rink
New ice resurfacer was received and put into service
TCC hallways, meeting rooms and dressing rooms had signs installed for COVID
procedures.
Domestic Hot Water project Phase 1 (Pool side) was completed
The indoor pool was reopened and inspected
Staff continues to operate at reduced management levels
The drive-thru Ribfest required assistance from Facilities for setup and electrical
hookup
New staff were hired to fill the newly created positions of Marshal and Sanitizer
Security gate was installed in lobby to assist with COVID procedures and
increase staff safety
Assisted Seniors Centre with preparations for reopening
Shutdown and winterized Lake Lisgar W ater Park
CULTURE & HERITAGE
The continuing pandemic and related Public Health restrictions resulted in a very
different third quarter for the museum than in previous years. Planned summer events,
like Canada Day and the Teddy Bears Picnic were cancelled, as well as the popular
summer music series hosted on the lawn by the Tillsonburg and District Historical
Society. The museum was able to offer a summer day camp program to a limited
number of children. Occurring on Tuesday and Thursday from mid - July through the
first week of September, the Fun on the Lawn program was open to a maximum of 10
children age 5 – 12. The program followed all Covid-19 safety protocols.
The Pratt gallery was open by appointment during the third quarter featuring two
exhibits; Stitching Together the Past and the Present – A Quilt Show for 2020 and Small
Wonders, Big Talent Art Show and Sale. Both exhibits were well received by those who
booked an appointment. Visitation was slow throughout the quarter, as the normal
summer holiday travel season did not occu r. The historic house remained closed during
the quarter. On a positive note, the museum’s lawn became a hot spot for social
distancing gatherings throughout July, August and September. When not in use by the
museum’s summer program, several different clubs and organizations took advantage
of the open space and shady grounds to host meetings. The picnic tables on the lawn
were also used throughout the summer as people enjoyed social distanced lunches with
family and friends.
ATTENDANCE UPDATE
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The museum was open to the public by appointment sixty-two days in the third quarter,
which is a reduction of 30 days to a regular 3rd quarter. Normally the museum would be
open weekends and statutory holidays during this quarter, however due to the
pandemic and no requests from the public to visit on these days the decision was made
to reduce costs by closing on weekends and holidays.
With Pandemic restrictions and limits on social gatherings still in place, it is anticipated
that the museum’s year-end attendance will be less than 2,000 visitors. This figure is
the lowest attendance figure in over 30 years and truly reflects the impact the Pandemic
has had on Cultural Institutions.
2018 2019 2020
Q1 Q2 Q3 Q4 YTD Q1 Q2 Q3 Q4 YTD Q1 Q2 Q3 Q4 YTD
Admissions 192 533 522 612 1859 174 335 610 441 1560 122 5 122 249
Programs 21 91 15 765 892 0 106 23 363 492 50 - 121 171
Events 235 912 2624 446 4217 357 1131 2873 338 4699 318 - - 318
Tourism &
Historical
Information
Services
164 323 452 289 1228 221 379 365 267 1232 186 - 95 281
Members &
Volunteers 365 548 381 655 1949 488 510 462 575 2035 320 - 64 384
Room
Rental
Visitors
183 288 349 268 1088 250 241 199 193 883 108 - - 108
QUARTERL
Y TOTAL 1160 2695 4343 3035 11,233 1490 2702 4532 2177 10,901 1104 5 402 1,511
2020 BUSINESS PLAN
The planned exhibits in the Pratt Gallery for the third quarter were installed on schedule,
while all other 2020 pre-Covid-19 planned programming and events were cancelled due
to Public Health guidelines. On-line programing through the museum’s social media
platform (Facebook) was offered in the form of quizzes, games and “share your stories”
postings. The museum’s Facebook page continues to connect the community to the
museum, thus allowing the museum to keep an active presence within Tillsonburg until
such time that restrictions are lifted and normal operations can resume. The summer
children’s programming was successful with each day achieving 50% to 100% capacity.
Throughout the third quarter, staff began planning for a very different holiday season for
the museum. New programs were developed that meet all Covid -19 safety protocols
and a new virtual Christmas educational program was developed that will be offered on -
line to area school classes beginning November 30. Normally, the museum would host
between 48 – 55 school classes during November and December, due to School board
and public health restrictions class visits will not be possible this year. It is hoped that
local teachers will take advantage of this new opportunity and book the virtual program,
which will be a tour of the 2020 Christmas exhibit in the Pratt gallery.
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The exhibit, “An Ornamental Christmas” looks at the history of Christmas Ornaments
and replaces the originally planned exhibit that showcased the history of Christmas
music. This change was necessary, as the original theme would have required the
borrowing of a large part of the exhibit items from other museums and area collectors,
which was not possible during the pandemic situation. S taff also worked out a plan to
safely re-opening the first floor of Annandale House for touring during the up -coming
holiday season. Visitors will be able to book an appointment for a guided tour of the first
floor, decorated for the holidays by staff.
Staff were also busy during the third quarter responding to research request s received
via email, the town’s website and over the phone. The majority of the requests were for
family history information, as researching a family tree became a popular summer
pandemic inspired activity. Staff dealt with requests from all over North American and
England.
Eight donations to the collection were received and processed during the quarter.
The Culture & Heritage Manager/Curator applied for the Federal Museum As sistance
Program- Covid-19 Emergency Funding grant during the quarter. The application was
successful and Annandale NHS was awarded $52,581.00 in funding.
PARKS & CEMETERY
Q3 saw the town facilities begin implementing their reopening plans as COVID numbers
began to plateau throughout the province. With news of a planned opening of the Lake
Lisgar Water Park and the Tillsonburg Community Complex. The Parks and Cemetery
Department saw the previously redeployed staff move back into their regular positions.
In the end, the redeployment of community centre staff to our department became a
RCP team building exercise in disguise and the working relationships formed will likely
last throughout our careers with the Town of Tillsonburg.
Tillsonburg’s 6th columbarium was installed in July. After identifying the number system
of the niches and registering the unit with the Bereavement Authority of Ontario (BAO),
the cemetery began to sell niches to the public. As of September 2020, the cemetery
had sold approximately 15 niches. A light landscaping of the surrounding area
completed the project.
With only 25 plots left (as of July) in 5C - South, staff began mapping out the new 5C-
North section of the cemetery. This previously planned expansion area is a continuatio n
of 5C- South located on the cemetery’s western section, parallel to the railway. This
section will accommodate 306 new 4x10 plots, a new gravel laneway and new tree
plantings. The team is in process of registering the mapping of this section with the BAO
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and will only be open to those who wish to purchase 4 or more plots in succession.
Triple, double and single plots within 5C – South will continue to be sold until filled.
An RFP for the purchase of replacement playground equipment in Glendale Park was
submitted via the town’s website and a proponent was selected by Council.
Construction could start as early as December, but may be pushed into the spring 2021,
weather permitting. In July, Tillsonburg’s first generational swings were installed in
Trottier, Coronation, Water Park and Optimist Parks. These modern swings encourage
multi-generational play where parents, grandparents and others can enjoy face -to-face
connections with the children as they swing in tandem.
Assisting the town Clerk, the Parks and Cemetery management team helped reassess
the current by-laws within the Town of Tillsonburg Cemetery. Once the by-laws are
completed (fall 2020), they will be submitted to Council for approval.
Although shortened due to COVID, the slo-pitch season and minor ball practices that
where held during the summer months progressed without a hitch. Teams were able to
participate in skilled drills at a minor ball level, while men’s slo-pitch teams competed to
become Town champions. The Parks and Cemetery forged a great working relationship
with the TBMI as the two organisations began to clean up and upgrade the amenities
surrounding the minor ball diamonds. No tournaments were held in 2020.
Due to the pandemic, Town parks and trails saw an increase in traffic as residents
found that with proper social distancing they were still able to enjoy all of Tillsonburg’s
trail systems and green spaces. Even with restaurants, shops, libraries and sports
facilities all opening this summer the visitor to our park system steadily increased. High
participation meant that trails needed more grooming, garbage removal increased as
did dog bag replacement. The Parks and Cemetery staff was able keep up with the
demands of a service increase that they hope to maintain into Q4.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE:
1. Excellence in Local Government
☐ Demonstrate strong leadership in Town initiatives
☒ Streamline communication and effectively collaborate within local government
☒ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
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☒ Make Tillsonburg an attractive place to live for youth and young professionals
☐ Provide opportunities for families to thrive
☒ Support the aging population and an active senior citizenship
4. Culture and Community
☒ Promote Tillsonburg as a unique and welcoming community
☒ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
None.
Report Approval Details
Document Title: RCP 20-39 July-September RCP Activity Report FINAL.docx
Attachments:
Final Approval Date: Nov 17, 2020
This report and all of its attachments were approved and signed as outlined below:
Sheena Pawliwec - Nov 12, 2020 - 4:51 PM
Kyle Pratt - Nov 17, 2020 - 7:51 PM
Michelle Smibert - Nov 17, 2020 - 7:56 PM
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The Corporation of the Town of Tillsonburg
Cultural, Heritage and Special Awards
Advisory Committee
November 4, 2020
4:30 p.m.
Electronic Meeting
MINUTES
Present: Collette Takacs, Councillor Esseltine, Carrie Lewis, Rosemary Dean, Mark
Dickson
Staff: Laura Pickersgill, Legislative Services Coordinator; Patty Phelps,
Curator/Manager of Heritage & Culture
Regrets: Tabitha Verbuyst, Vern Fleming, Terry Fleming
1. Call to Order
The meeting was called to order at 4:34 p.m.
2. Adoption of Agenda
Resolution #1
Moved by: Carrie Lewis
Seconded by: Councillor Esseltine
THAT the Agenda as prepared for the Cultural, Heritage and Special Awards
Advisory Committee meeting of November 4, 2020, be adopted.
Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
4. Adoption of Minutes of Previous Meeting
Resolution #2
Moved by: Councillor Esseltine
Seconded by: Carrie Lewis
THAT the Minutes of the Cultural, Heritage and Special Awards Advisory Committee
meeting of October 21, 2020, be approved.
Carried
5. General Business & Reports
5.1. Citizen of the Year Event Update
Laura provided an overview on the preparations for the Citizen of the Year event
and noted that everything is on track. Laura posed the question to the group on
ideas for a gift to the recipient. Suggestions were made to provide the gift of
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‘BIA Bucks’ or a Kelsey’s gift card. Members were asked to send any other
ideas they have by the end of the week to Laura.
5.2. Tillsonburg 150 Report Update
Laura noted that the report requesting the unused cultural grants be transferred
into reserves will be going to Council on November 23, 2020.
5.3. Letter for Erin- Draft
The members were in favour of the drafted letter thanking the former member for
her efforts on the committee.
5.4. Nomination of Vice-Chair
Resolution #3
Moved by: Mark Dickson
Seconded by: Collette Takacs
THAT Carrie Lewis be nominated and selected to fill the Vice-Chair position on
the Cultural, Heritage and Special Awards Advisory Committee.
Carried
6. Next Meeting
December 2, 2020 at 4:30 p.m.
7. Adjournment
Resolution #4
Moved by: Carrie Lewis
Seconded by: Rosemary Dean
THAT the November 4, 2020 Cultural, Heritage and Special Awards Advisory
Committee meeting be adjourned at 4:51 p.m.
Carried
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The Corporation of the Town of Tillsonburg
Parks, Beautification & Cemeteries Advisory Committee Meeting
November 5, 2020
2:00 p.m.
Hybrid Meeting- Council Chambers, 200 Broadway, Suite 204 & Electronic Meeting MINUTES
Present: Paul DeCloet, Christine Nagy, Councillor Esseltine, Sue Saelens, Barb
Wareing, Maurice Verhoeve, Ken Butcher , Donna Scanlan
Staff: Chris Baird, Interim Director of Recreation, Culture & Parks; Laura Pickersgill,
Legislative Services Coordinator
Regrets: Marian Smith
Absent: Mike Dean, Bob Marsden
1.Call to Order
The meeting was called to order at 2:02 p.m.
2.Adoption of Agenda
Resolution #1
Moved by: Christine Nagy
Seconded by: Donna Scanlan
THAT the Agenda as prepared for the Parks, Beautification & Cemeteries Advisory
Committee meeting of November 5, 2020, be adopted, as amended with the addition
of item 6.4.
Carried
3.Adoption of Previous Minutes
Resolution #2
Moved by: Sue Saelens
Seconded by: Christine Nagy
THAT the Minutes as prepared for the Parks, Beautification & Cemeteries Advisory
Committee meeting of October 1, 2020, be adopted.
Carried
4.Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
5.General Business & Reports
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5.1 Cemetery By-Law Update
Members were given the opportunity to provide feedback on the Draft Cemetery By-
Law Update. The suggestions included:
• Page 20, Section 12.5- the draft indicates bushes/shrubs will now be
permitted on the plots in the cemetery. It was noted that this was not allowed
under the existing by-law because they can cause issues with maintaining the
grounds. It was noted, however, if this provision was now permitted that
those told in the past they could not plant a bush/shrub at the plot would then
be permitted to do so under the new by-law. It was also suggested that the
draft indicates that if the shrubs/bushes are not maintained then staff will
remove them. It was noted that if the shrubs/bushes are not allowed in the
first place, then this would not be an issue.
• Page 12, Section 6.3- an inquiry was made regarding the difference of the
fees rate for residents versus non-residents. Chris suggested that the user
fee by-law is being updated to remove the double rate, as this was an idea
that came as a result of the service delivery review, specifically removing the
double standard rate. Chris discussed various scenarios which may not be
equitable in their application.
• Section 16.13- there was concern noted with not allowing dogs in the
cemetery at all. It was suggested that a one-time authorization be granted for
those wanting to visit a memorial with their pet but that the cemetery should
not used for allowing dogs to run loose. It was noted that some people are
more comfortable walking in the cemetery as they may be afraid of dogs and
they understand this is a place where they can go in Town to walk, free of
dogs.
• Section 13.7, 13.8, 13.9, 13.10- it was suggested to review the dates to
ensure they do not overlap and are not contradictory. Chris will review this
and ensure the dates listed align with the dates provided on the Town’s
website. It was suggested that the decoration dates be included in the
updated by-law.
• Page 12, Section 7.1- it was suggested that the signing authority for family
plots be expanded further to all stakeholders prior to internment to avoid any
potential legal conflicts or challenges from family members or Executors.
• Section 2.24- clarification was sought regarding the additional charges for
internments after 4:00 p.m. and internments on Saturdays. Chris noted that
these extra fees are to cover the cost of staff to be brought in outside of their
usual work schedule as staff aren’t typically in attendance past 3:30 p.m. or
on Weekends .
• It was recommended that this by-law be reviewed by the Town’s legal c ounsel
and the Bereavement Authority of Ontario to reduce potential legal
ramifications resulting from the by-law prior to being presented to Council for
final adoption.
It was suggested that the cemetery have a group area identified for infants to lay to
rest so that their plots can be easily identified in the future.
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It was also suggested that security at the cemetery might be a concern. Staff will
investigate the use of security cameras or shutting the gates at night.
Chris will review these suggestions with staff and inform the group of the changes
made.
Chris will provide a revised version of the by-law at our next meeting where the
Committee can then pass a resolution to forward this finalized draft to Council.
6.2 Explore Event 2021
Paul has discussed early plans with staff for this event. Paul noted that there are
concerns with planning this event with the current COVID -19 pandemic. Chris noted
that an outdoor event is easier to control the provisions surrounding COVID -19.
Paul suggested that the Museum Advisory Committee partner with this Committee to
plan this event. Other members suggested that this was not necessary and this
committee has the capacity to do the planning along with some assistance from local
community groups, s uch as the Kiwanis Club, Scouts, and Rotary Club. It was
noted that LPRCA could also support this event as well. Chris indicated that staff
will do the physical work required to plan this event and that the committee can
come up with the ideas for the event.
It was suggested that interpretive walks can make it difficult for large groups to hear
what is being said. It was mentioned that signage could be provided that outlines
important heritage trees along the trail.
Laura will keep this as a standing item on the agenda. A program can begin to be
developed at the next meeting.
6.3 Wreath and Summer Flower Pot Program Update
Chris noted on behalf of Matt that the full campaign is in effect and that hanging
baskets will be used as done in years past. Chris will provide a copy of the brochure
to the group. Chris will seek clarification from Matt regarding the use of silk flowers
or live flowers for 2021.
6.4 Oxford-Broadway Parkette Christmas Tree
Councillor Esseltine noted that the following resolution was passed at the October
26th Council Meeting with regards to the Oxford-Broadway Parkette Christmas Tree.
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
THAT Report RCP 20-36 Oxford-Broadway Parkette Christmas Tree be received as
information;
AND THAT if the BIA and its’ donors should choose to move forward with the Oxford
Broadway Parkette revitalization project, that full design or designs be brought
forward for Council consideration, which may include incorporating the existing
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fountain and/or placing a tree in the park. Once design work is completed Council
would then have the option to put the full designs out for public consultation if
Council chooses to do so at that time.
Carried
It was suggested that this motion was revised from the motion recommended by the
Committee, but ultimately the motion still reflected what the Committee was looking
for in their original motion. Courtland Gardens has offered to do this project free of
charge. A public consultation regarding the various planned phases and designs
would be important for Council to identify a preferred outcome.
6. Round Table
It was noted that Kiwanis Sign in Coronation Park needs to either be repaired or
removed. Chris noted that staff are working through a program in the coming
months to review and refresh all signs on Town property. Chris noted that staff will
contact signs belong to service clubs to determine if the club wants to fix/remove the
sign or if they want the Town to fix/remove the sign. Laura will add this as an item
on the next agenda.
Chris will follow up to determine if the Fourth Street trail is Town property or not.
7. Next Meeting
Dec ember 3 at 2:00 p.m.
8. Adjournment
Resolution #3
Moved by: Donna Scanlan
Seconded by: Sue Saelens
THAT the Novem ber 5, 2020 Tillsonburg Transit Advisory Committee meeting be
adjourned at 3:03 p.m.
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The Corporation of the Town of Tillsonburg
Town Hall Steering Committee Meeting
September 17, 2020
11:30 a.m.
Electronic Meeting MINUTES
Present: Andrew Gilvesy, Jesse Goossens, Councillor Esseltine, John Veldman,
Councillor Luciani, Mayor Molnar,
Staff: Kyle Pratt, CAO; Cephas Panschow, Development Commissioner; Sheena
Pawliwec, Acting Director of Finance; Chris Baird, Director of Recreation, Culture &
Parks; Geno Vanhaelewyn, Chief Building Official
Guests: Ben Cressman, Don Ford
Regrets: Rick Strouth
1. Roll Call
2. Call to Order
The meeting was called to order at 11:32 a.m.
3. Adoption of Agenda
Resolution #1
Moved by: Councillor Esseltine
Seconded by: Jesse Goossens
THAT the Agenda as prepared for the Town Hall Steering Committee meeting of
September 17, 2020, be adopted.
Carried
4. Disclosures of Pecuniary Interest and the General Nature Thereof
There were no disclosures of pecuniary interest declared.
5. Approval of Previous Minutes
Resolution #2
Moved by: Jesse Goossens
Seconded by: Councillor Luciani
THAT the Minutes as prepared for the Town Hall Steering Committee meeting of
August 20, 2020, be approved.
Carried
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6. Closed Session
Resolution #3
Moved by: Jesse Goossens
Seconded by: Andrew Gilvesy
THAT the Town Hall Steering Committee moves into closed session to discuss:
-a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the competitive
position or interfere significantly with the contractual or other negotiations of a
person, group of persons, or organization
Carried
7. General Business & Reports
7.1 Framework Sheet Review & Discussion
Sheena provided an overview of the updated frame work spreadsheet.
Laura will contact today’s presenter to provide a follow up presentation, in
approximately two weeks, that includes financial information for an ownership and a
leasing option.
It was noted that a design and own cost would be determined by subtracting the
lease and cost of the land from a design-build-lease option. It was noted that a
presentation could be done from a previous proponent from the previous RFP for the
design-build-lease option.
It was noted that it is important that the Committee considers the pros and cons of
staying as a tenant in the Town Centre mall as well as leaving as a tenant in the
mall.
It was noted that there was a community engagement process done in the past but
only with regards to the design-build-lease options provided by the bidders of the
RFP. It was recommended that further public engagement be done to gather the
public and staff’s opinion on preferred options for a Town Hall.
8. Round Table
9. Next Meeting
To Be Determined
10. Adjournment
Resolution #4
Moved by: Jesse Goossens
Seconded by: Andrew Gilvesy
THAT the September 17, 2020 Town Hall Steering Committee meeting be adjourned
at 1:00 p.m.
Carried
Page 192 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 1 -
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting of October 7, 2020
Members in attendance: Dave Beres, Robert Chambers, Kristal Chopp, Michael
Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart
Patterson, John Scholten and Peter Ypma
Staff in attendance: J. Maxwell, A. LeDuc, B. Hodi, L. Mauthe and D. McLachlan
Regrets: none
K. Chopp and K. Hewitt arrived at 6:45 p.m.
1. Welcome and Call to Order
The chair called the meeting to order at 6:30 p.m., Wednesday, October 7, 2020.
2. Additional Agenda Items
There were no additional agenda items.
3. Declaration of Conflicts of Interest
None were declared.
4. Deputations
There were no deputations.
5. Minutes of the Previous Meeting
a) Board of Directors Meeting of September 2, 2020
There was no discussion.
A-85/20
Moved by J. Scholten
Seconded by S. Patterson
That the minutes of the Board of Directors Meeting held September 2, 2020 be adopted
as circulated.
CARRIED
6. Business Arising
There was no business arising.
Page 193 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 2 -
7. Review of Committee Minutes
a) Lee Brown Marsh Management Committee - January 10, 2020
b) Draft Audit and Finance Committee – September 22, 2020
Dave Beres, the Audit and Finance Committee Chair, addressed the Board and noted
that staff were given direction to target a 1.5% municipal levy budget increase.
A-86/20
Moved by S. Patterson
Seconded by J. Scholten
That the minutes of the Lee Brown Marsh Management Committee meeting of January
10, 2020 and the Draft Audit and Finance Committee meeting held September 22, 2020
be adopted as circulated.
CARRIED
8. Correspondence
There was no correspondence to report.
9. Development Applications
A-87/20
Moved by J. Scholten
Seconded by V. Donnell
THAT the LPRCA Board of Director’s does now sit as a Hearing Board.
CARRIED
The roll was called to conduct the following Hearing under Section 28.1(5) of the
Conservation Authorities Act.
The Chair gave his opening remarks and reviewed the guidelines and process to be
followed for the hearing.
a) Hearing LPRCA – 176/20 – Leitch
L. Mauthe, Supervisor of Planning Services introduced Tom and Lisa Leitch and their
agent, Darryl Lee, and then presented the staff report.
The application, to construct a two-storey home and attached garage with living space
above it and in an area subject to slope stability and erosion-related hazards from Lake
Erie, and fully within the area regulated by the Long Point Region Conservation
Authority under Ontario Regulation 178/06, was received December 22, 2019. LPRCA
Page 194 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 3 -
staff have been communicating with the applicants since December 2016 regarding
their evolving proposal and the requirements to satisfy the applicable policies.
The proposal met several sections of applicable policy, however failed to meet the 7.5
metre minimum setback from the stable slope limit by 3.5 metres. Therefore, LPRCA
staff recommend refusal for the following reasons:
• Contrary to LPRCA policies
• Will affect the control of erosion in that it increases the potential for
damage from slope instability and erosion.
• Proposal is not unique and could be seen as setting precedent.
K. Chopp and K. Hewitt arrived at 6:45pm, after the Hearing started, and were advised
they would be unable to participate in this Hearing as per Section 3.3 of the LPRCA
Hearing Procedures Policy.
Mr. Lee spoke on behalf of the applicants noting that the applicants have been in
contact with LPRCA staff from the time the property was purchased regarding the
evolving development proposal. Mr. Lee stated the current home is not livable and the
new home will be comparable to other homes in the area. It was requested by Mr. Lee
that the Hearing Board apply flexibility with respect to the policy and requirements.
Staff and the proponent responded to questions from the Board .
There were no comments from other interested parties and no further questions.
A-88/20
Moved by P. Ypma
Seconded by J. Scholten
THAT the LPRCA Hearing Board approves application LPRCA-176/20;
Whereas the application meets the intent of the policy.
CARRIED
b) Hearing LPRCA-73/19 (Campbell)
K. Chopp was advised they she would be unable to participate in this Hearing as per
Section 3.3 of the LPRCA Hearing Procedures Policy.
A permit application was received in January of 2019 to construct a new home and
retaining wall, and place fill material and regrade the slope on a vacant lot at 138 Brown
Street, Port Dover.
Page 195 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 4 -
A hearing was held June 5, 2019 as the area requested for the construction is in the
Lake Erie shoreline erosion hazard and is contrary to the LPRCA policies for
administration of O. Reg. 178/06. In addition, the application was deemed incomplete
with respect to several aspects of engineering.
The original hearing was adjourned pending submission of a complete application from
the applicant.
On April 2, 2020, staff received an email from the applicant requesting that the permit
application be withdrawn.
A-89/20
Moved by T. Masschaele
Seconded by R. Geysens
THAT the LPRCA Board of Directors receives the staff report Long Point Region
Conservation Authority Application LPRCA-73/19 (Colin Campbell) Pursuant to Ontario
Regulation 178/06, Proposed Construction of a Residential Dwelling, Port Dover, Plan
118, Lot 30, 138 Brown Street, Port Dover – Norfolk, dated May 10, 2019 for information.
AND THAT the LPRCA Board of Directors accepts the applicant’s request to withdraw
Application LPRCA-73/19.
CARRIED
A-90/20
Moved by P. Ypma
Seconded by J. Scholten
That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board.
CARRIED
The applicants and their agent left the meeting.
The Full Authority resumed at 7:30 p.m.
c) Staff Approved applications
Staff approved 22 applications since the last meeting in September:
LPRCA-155/20, LPRCA-177/20, LPRCA-178/20, LPRCA-179/20, LPRCA-180/20,
LPRCA-181/20, LPRCA-182/20, LPRCA-183/20, LPRCA-184-18, LPRCA-186/20,
LPRCA-187/20, LPRCA-188/20, LPRCA-189/20, LPRCA-190/20, LPRCA-191/20,
LPRCA-192/20, LPRCA-196/20, LPRCA-197/20, LPRCA-198/20, LPRCA-199/20,
LPRCA-200/20, LPRCA-148/20, LPRCA-149/20, LPRCA-150/20, LPRCA-151/20, and
LPRCA-201/20
Page 196 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 5 -
A-91/20
Moved by P. Ypma
Seconded by J. Scholten
That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation
Applications report dated September 27, 2020 as information.
CARRIED
d) New Applications
The Planning Department staff recommended approval for ten applications; three new
residential structures, six new shoreline protection works and one stormwater
management outlet.
A-92/20
Moved by R. Geysens
Seconded by V. Donnell
THAT the LPRCA Board of Directors approves the following Development Applications
contained within the background section of this report:
A. For Work under Section 28 Regulations, Development, Interference with
Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O.
1990 Reg. 178/06),
LPRCA-193/20 LPRCA-203/20 LPRCA-206/20
LPRCA-195/20 LPRCA-204/20 LPRCA-211/20
LPRCA-202/20 LPRCA-205/20 LPRCA-212/20
LPRCA-224/20
B. That the designated officers of LPRCA be authorized to complete the approval
process for this Development Application, as far as it relates to LPRCA’s
mandate and related Regulations.
CARRIED
10. New Business
a) General Manager’s Report
J. Maxwell reviewed the activities and accomplishments achieved over the past month.
Due to COVID-19, staff created a Virtual Memorial Forest Dedication Service which has
received very positive feedback.
Page 197 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 6 -
Staff received confirmation from Environment and Climate Change Canada that the
recent property donation is proceeding to the next phase of the Ecological Gifts
Program; fair market valuation review.
A-93/20
Moved by V. Donnell
Seconded by R. Geysens
That the LPRCA Board of Directors receives the General Manager’s Report for
September 2020 as information.
CARRIED
b) LPRCA Administrative By-Law Amendment
The purpose of the amendment is to permit electronic meetings at any time as deemed
necessary by the Authority as per the directive received from The Minister of the
Environment, Conservation and Parks, Jeff Yurek, on September 10, 2020.
A-94/20
Moved by R. Chambers
Seconded by S. Patterson
That the LPRCA Board of Directors repeals the LPRCA Administrative By-Law
(Resolution A-42/20) adopted April 22, 2020;
And
THAT the LPRCA Board of Directors adopts the LPRCA Administrative By-Law as
presented.
CARRIED
c) Completion of the Haldimand County Lake Erie Hazard Mapping and Risk
Assessment
With support from the National Disaster Mitigation Program (NDMP), an update of
information, mapping, and the Risk Assessment was undertaken in collaboration with
Haldimand County and the three conservation authorities within the County that border
Lake Erie: Grand River, Niagara Peninsula and Long Point Region . Consultation with
the public and stakeholder groups was completed as part of the project.
B. Hodi presented the project overview, key deliverables and highlights of the project.
Original mapping and information used by LPRCA was completed in the 1980’s. Since
that time, there have been many notable advances in mapping technology and updates
of policies and practices.
Page 198 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 7 -
Next steps were outlined and it was noted that, once approved, the mapping will be
provided to municipal staff at Haldimand County to support the preparation of Official
Plan and Zoning By-Law documents.
A-95/20
Moved by S. Patterson
Seconded by R. Geysens
THAT the Haldimand County Lake Erie Hazard Mapping and Risk Assessment
completed by W.F. Baird & Associates Coastal Engineers be approved for use in the
administration of the Long Point Region Conservation Authority’s Section 28 regulation
(Ontario Regulation 178/06) and with matters under the Planning Act in the Long Point
watershed.
AND THAT amendments to Long Point Region Conservation Authority’s Ontario
Regulation 178/06 mapping be made to incorporate the revisions to the natural hazards
and their allowances.
CARRIED
d) Backhouse Historic Site Homestead Heritage Designation
Norfolk County passed By-Law 2020-76 on September 22, 2020 to designate the
Backhouse Homestead as being of cultural heritage value and interest.
The Homestead will now be listed on the Municipal Register of Heritage Properties and
Ontario Heritage Trust will be notified to list the property on the Provincial Register.
A-96/20
Moved by V. Donnell
Seconded by R. Geysens
That the LPRCA Board of Directors receives the Backhouse Historic Site Homestead
Heritage Designation report as information.
CARRIED
11. Closed Session
The Closed Session meeting began at 8:00 p.m.
A-97/20
Moved by D. Beres
Seconded by J. Scholten
That the LPRCA Board of Directors does not enter into a closed session to discuss:
• A trade secret or scientific, technical, commercial or financial information that
belongs to the Authority and has monetary value or potential monetary value; or
Page 199 of 245
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell,
Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma
- 8 -
• A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the Authority.
CARRIED
A-98/20
Moved by D. Beres
Seconded by J. Scholten
That the LPRCA Board of Directors does now adjourn from the closed session.
CARRIED
The Chair adjourned the meeting at 8:20 p.m.
Michael Columbus Dana McLachlan
Chair Administrative Assistant
Page 200 of 245
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to authorize a waste management agreement with the County of
Oxford.
WHEREAS the Town of Tillsonburg is desirous of entering into a waste management
agreement with the County of Oxford;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the waste management agreement attached hereto as Schedule A forms
part of this By-Law;
2. THAT By-Law 3319 is hereby repealed in its entirety;
3. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 23rd day of NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of NOVEMBER,
2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
Page 201 of 245
This Agreement entered into as of this ____day of ___________, 2020 by and between
The Corporation of the Town of Tillsonburg
(hereinafter called “Town”)
-and-
County of Oxford
(hereinafter called “County”)
WASTE MANAGEMENT AGREEMENT
Whereas Section 75 (1) of the Municipal Act, 2001 chap. 25, provides that the County may
designate any of its waste management services or facilities for the management of waste or
any class of waste to the Town, for which it has the power to provide the service or facility;
And whereas the Town and the County wish to enter into an agreement where the Town
provides for large article items and yard waste/compost program on behalf of the County;
And whereas the parties agree that the intent of this agreement is to provide high quality waste
management in a sustainable and cost effective manner for properties serviced by the Town on
behalf of the County;
And whereas the parties intend to consult with each other about policy changes and to the
degree appropriate, consider the implications, financial and other, for the communities;
Now therefore this Agreement witnesses that in consideration of the mutual contents contained
herein, the Parties hereto covenant and agree as follows:
1.0 GENERAL CONDITIONS
1.1 Term
The term of the contract shall, commence May 1, 2020 and shall be revised upon final
termination of the County’s contract with an external waste management service
provider serving all area municipalities with the exception of the Township of South-West
Oxford and the City of Woodstock.
1.2 Changes to the Agreement
The parties agree that any changes to the terms of this agreement, must be made in
writing and approved by each municipality’s Chief Administrative Officer or Designate.
Page 202 of 245
2.0 AGREEMENT
2.1 Payment
In accordance with paragraph 2.5, the County shall pay one half of the annual fees for
service on a semi-annual basis as determined in section 2.5 of this agreement. For the
purposes of this section, semi-annual shall mean April 1 and October 1. The Town will
complete a final reconciliation, and where fees for services set out in this agreement are
less than calculated in paragraph 2.5, refund of fees shall be paid by February 28th of the
following year.
2.2 Grants
Town and the County staff will work together to maximize grants and subsidies from
Stewardship Ontario and/or any other agency that may from time to time support waste
and recycling collection, transfer or diversion programs. Both parties will track
appropriate metrics and costs required to maximize funding, and report in the required
format to meet reporting deadlines.
2.3 Meetings
Town and the County staff will meet at least annually to ensure quality and a consistent
level of service is provided to the waste management users and on any interim basis if
deemed necessary by either party.
2.4 Household
For the purposes of this agreement, household count shall be based on the annual
returned roll household numbers as determined by the Municipal Property Assessment
Corporation.
2.5 Services covered under the Agreement
Fees for services set out in this Agreement shall not exceed the total cost per household
under the County’s current contract with an external waste management service
provider.
The contract per household fees are set out in Schedule “A”, attached hereto and
forming part of this Agreement. This schedule shall be amended annually to reflect the
County’s approved budget which includes CPI increases calculated in accordance with
the County’s contract for waste management services with an external waste
management service provider (75% of the increase set out in the Consumer Price Index
for Ontario as published for the previous 12-month period by Statistics Canada) and
household figures as determined in paragraph 2.4.
A customer service charge of $2.50 per household, shall be paid by the County to cover
expenses related to record keeping, customer service, general overhead and other such
administrative costs for services referred to in this agreement. For the purposes of
determining the annual customer service charge, household figures as set out in
paragraph 2.4 will apply.
Page 203 of 245
2.5.1 Special Collection/Depots
• Large Article
Large article items consist of the collection, either curbside or costs to
operate a depot of large items and transportation to Salford Waste
Management Facility. The items collected shall be consistent with those
guidelines set out by the County. The Town will be responsible for paying
the County tipping fees as they relate to the large item curbside pickup
and/or depot collection..
The County will pay the Town of Tillsonburg $16,400 to reimburse the Town
for the cost of the tipping fees paid by the Town as per 2020 budget, and as
set out in Schedule ‘C’. This fee will be indexed to the County’s Fees and
Charges By-Law Landfill Tipping Fees
2.5.2 Yard waste/compost program
The Town shall supply all labour, materials and equipment to operate a yard
waste depot to permit drop off of leaves, lawn and garden waste and brush and
to develop a yard waste compost site subject to the requirements of the Ministry
of the Environment and Climate Change. The contract price per tonne are set out
in Schedule “B”, attached hereto forming part of this Agreement. This schedule
shall be amended annually to reflect CPI increases calculated in accordance with
the County’s contract for waste management services with an external waste
management service provider (75% of the increase set out in the Consumer Price
Index for Ontario as published for the previous 12-month period by Statistics
Canada)
The County is responsible for transportation costs.
2.6 New Initiatives
Permit the inclusion of the cost in the County’s overall waste management budget
funding of new programs that will significantly advance reduction, diversion and recycling
goals of the County. Approval of such new initiatives are subject to the approval of
County Council and developed in collaboration with the Area Municipalities.
2.7 County Bag Tags
2.7.1 The Town shall require that all waste collected has affixed County Bag(s) as per
County policy.
2.7.2 The Town shall act as a sales outlet for County Bag Tags.
Page 204 of 245
3.0 INDEMNITY AND INSURANCE
3.1 The Town shall, at all times, indemnify and save harmless the County and its officers,
directors, agents and employees from and against all claims, damages, losses and
expenses, including, but not limited to attorneys' fees, court and arbitration costs, or
other proceedings made, sustained, brought or prosecuted that are based upon, or
attributable in any way to the negligent acts, errors or omissions of the Town in
connection with Services performed, purportedly performed or required to be performed
by the County under this Agreement.
4.0 DISPUTE RESOLUTION
4.1 The County and the Town will attempt in good faith to resolve any dispute arising in
connection with this Agreement informally according to the following procedure:
4.1.1 Upon written request of a party identifying a dispute to be resolved, the
representatives, or their designate(s) as listed in paragraph 6.0 below, will
meet within fifteen days after the request is received from the requesting
party. At this meeting, the designated representatives will identify the
scope of the dispute and the information needed to discuss and attempt
to resolve the dispute. These management representatives will then
gather relevant information regarding the dispute and will meet again to
discuss the issues and negotiate in good faith to resolve the dispute.
Such second meeting will occur within fifteen (15) days of the first
meeting.
4.1.2 If a dispute is not resolved by the methods indicated above, the parties
may, upon mutual agreement, appoint a committee designed to assist the
municipalities in reaching an agreement on the issue in dispute. Failing
resolution, the parties may seek involvement of senior representatives
(Chief Administrative Officer’s) for both municipalities and at which time
the senior representatives will determine if involvement of respective
municipal councils is required.
5.0 GENERAL
5.1 The Town will comply with all federal, provincial and municipal laws while performing the
Services hereunder, including but not limited to the Human Rights Code, R.S.O. 1990,
Chapter H. 19, as amended.
5.2 This Agreement constitutes the entire agreement between the County and the Town.
There are no other agreements, understandings, representations of warranties, either
collateral, oral or otherwise.
Page 205 of 245
5.3 The County and the Town acknowledge that, in the event that Federal and/or Provincial
legislation or regulation is enacted that imposes change to the County’s waste
management program, including recycling services, as set out herein, the terms and
conditions of this Agreement shall be amended to ensure compliance with such
legislation.
5.4 Force Majeure
In the event that either Party shall be unable to fulfil, or shall be delayed, or shall be
prevented from the fulfilment of, its obligations under this Agreement by reason of an
Event of Force Majeure or other reasons of like nature beyond the reasonable control of
the Party delayed or prevented from fulfilling any obligation, hereunder, save and except
for any delay or prevention from such fulfilment caused by a lack of funds or other
financial reasons, strikes or other concerted acts by workers, delay or other failure
arising out of the nature of the work to be done, or from the normal action of the
elements or from any normal difficulties that may be encountered in the performance of
the work, having regard to the nature thereof shall in no event be deemed to be a cause
beyond a Party’s control.
An “Event of Force Majeure” means an event beyond the control of a Party hereto that
prevents the Party from complying with its obligations under this Agreement, including
but not limited to:
a. acts of God such as, but not limited to, explosions, drought, pandemics, and tidal
waves that are not considered a normal action of the elements;
b. war, hostilities (whether declared or not), invasion, acts of foreign enemies,
mobilization or embargo;
c. mobilization, insurrection or military use of power, or civil war;
d. riot, commotion, or other unexpected and unforeseen disorder resulting in a
substantial impact in the Party’s ability to perform its obligations under this Agreement;
or
e. acts or threats of terrorism.
In the event that the performance of the terms and conditions of this Agreement, in the
reasonable opinion of either Party, is made impossible by an Event of Force Majeure,
then either Party shall notify the other in writing and the County shall either; terminate
the Agreement forthwith and without any further payments being made; or authorize the
Town/Township to continue the performance of the Contract with such adjustments as
required by the existence of the Event of Force Majeure and as agreed upon by both
Parties.
In the event of a strike or lockout which shall not constitute an Event of Force Majeure,
the Town/Township is responsible to maintain all services provided under this
Agreement, to whatever reasonable degree possible and, if necessary, in co-operation
with the County.
Page 206 of 245
Within thirty (30) days of the award of any Agreement, the Town/Township shall submit
for review and approval to the County, acting reasonably, a “Business Continuity
Contingency Plan” explaining in detail how performance of the service during any strikes
and/or lockouts, fire, an Event of Force Majeure or other major interruptions in the
performance of its obligations under this Agreement shall be maintained at the
Town’s/Township’s sole cost. Such Business Continuity and Contingency Plan shall
become a part of the Agreement and shall be subject to all the terms of the Agreement.
Failure to submit a sufficient Business Continuity Contingency Plan, in the sole
discretion of the County, may result in termination of the Agreement.
A Party shall not be considered to be in breach of this Agreement to the extent the
performance of their obligations is modified in accordance with the Business Continuity
Contingency Plan as a result of an Event of Force Majeure. The Party (hereinafter in this
Section the “Affected Party”) implementing the Business Continuity Contingency Plan
shall forthwith give written notice to the other Party of becoming aware of an Event of
Force Majeure to the Affected Party.
The Affected Party shall be entitled to a reasonable extension for the time of completion
of its obligations set forth in this Agreement and in accordance with the Business
Continuity Contingency Plan that may be reasonably required by the Affected Party and
agreed to by the other Party to mobilize to continue with the fulfillment of its obligations
pursuant to this Agreement. The Parties acknowledge and agree that in the event of
conflict between the terms and provisions of this section and any other section contained
in the Agreement, the terms and provisions of this section shall govern and apply.
5.5 Termination
Either party may terminate this Agreement at any time, without fault and without liability,
upon six (6) months’ written notice to the other.
Either party may terminate this Agreement at any time if the other does not comply with
any of its terms, provided notice is provided and the party failing to meet its obligations is
given a reasonable time to comply.
Upon termination, the County shall pay the Town/Township for all services satisfactorily
performed up to and including the date of termination.
6.0 NOTICE
6.1 Any notice as provided for under this Agreement may be served or given
(a) by the County to the Town by mailing (by prepaid registered mail), emailing, or faxing the
same addressed to:
The Corporation of the Town of Tillsonburg
10 Lisgar Ave
Tillsonburg, Ontario N4G 5A5
Fax No. 519-688-0759
E-mail clerks@tillsonburg.ca
Attention: Clerk
and
Page 207 of 245
(b) by the Town to the County by mailing (by prepaid registered mail), emailing, or faxing the
same addressed to:
County of Oxford,
P. O. Box 1614, 21 Reeve Street
Woodstock, Ontario. N4S 7Y3
Fax No. (519) 421-4713
E-mail: clerks@oxfordcounty.ca
Attention: Clerk
7.0 INUREMENT
7.1 This Agreement and everything herein contained, unless the context otherwise requires,
shall inure to the benefit of and be binding upon the parties hereto, their successors and
assigns respectively.
The parties hereto have hereunder set their hands and seals the day and year first above
written, and the parties hereto have hereunto affixed their Corporate Seals by the hands of their
proper officers duly authorized in that behalf.
Dated at Woodstock, Ontario this ___day of _________,2020.
The Corporation of the Town of Tillsonburg
___________________________
Stephen Molnar, Mayor
___________________________
Kyle Pratt, CAO
County of Oxford
___________________________
Michael Duben, CAO
___________________________
David Simpson, Director of Public Works
Page 208 of 245
2020 2021 2022 2023 2024
Actual*Estimate2*Estimate2*Estimate2*Estimate2*
Large article $3.19 $3.20 $3.23 $3.26 $3.28
Cost phase-in allowance 1 $1.25 $0.50 $0.00 $0.00 $0.00
$4.44 $3.70 $3.23 $3.26 $3.28
Customer Service $2.50 $2.50 $2.50 $2.50 $2.50
Cost per household $6.94 $6.20 $5.73 $5.76 $5.78
1 Costs have been phased in over 2 years
2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement
* Rates are effective May 1
2020 2021 2022 2023 2024
Actual Estimate2 Estimate2 Estimate2 Estimate2
Yard waste drop off site $15.30 $15.59 $15.88 $16.18 $16.48
Cost phase-in allowance 2 $3.00 $1.50 $0.00 $0.00 $0.00
Cost per tonne $18.30 $17.09 $15.88 $16.18 $16.48
1 Costs have been phased in over 2 years
2 Future period rates are estimated; recalculation will be based on paragraph 2.5 of the agreement
2020 2021 2022 2023 2024
Actual Actual
Estimate1 Estimate1 Estimate1
Landfill Tipping Fees $16,400 $16,470 $16,720 $16,970 $17,220
Annual Cost $16,400 $16,470 $16,720 $16,970 $17,220
1 Future period rates are estimated; recalculation will be based on paragraph 2.5.1 of the agreement
ANNUAL FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "A"
PER HOUSEHOLD FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "B"
PER TONNE FEES APPLICABLE TO TILLSONBURG AGREEMENT
SCHEDULE "C"
Page 209 of 245
Page 1 of 2
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to appoint a Committee of Adjustment for the Town of Tillsonburg
pursuant to Section 44 of the Planning Act., R.S.O. 1990 c. P. 13.
WHEREAS Section 44 of the Planning Act, 1990 allows municipalities who have passed
a zoning by-law under Section 34 of the Act, to appoint a Committee of Adjustment for
the municipality;
AND WHEREAS the Town of Tillsonburg is desirous of appointing a Committee of
Adjustment;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the Committee of Adjustment for the Corporation of the Town of
Tillsonburg shall have all statutory duties listed under Sections 44 and 45 of the
Planning Act., R.S.O. 1990 c. P. 13, as amended.
2. THAT the following members of Council shall be appointed to the Town of
Tillsonburg Committee of Adjustment for a term to expire December 31, 2021;
Stephen Molnar
Dave Beres
Penny Esseltine
Deb Gilvesy
Pete Luciani
Chris Parker
Chris Rosehart
3. THAT the Chair of the Committee of Adjustment shall be the Mayor of the Town
of Tillsonburg or designate.
4. THAT the Clerk for the Town of Tillsonburg, or designate, is responsible for the
Secretary-Treasurer duties of the Committee of Adjustment as prescribed in the
Planning Act.
5. THAT all hearings of the Committee of Adjustment shall be called by the
Secretary-Treasurer or designate as it is necessary, according to the submission
of applications for minor variances.
6. THAT By-Law 4368 is hereby repealed in its entirety.
Page 210 of 245
By-Law 2020-___
Page 2 of 2
7. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 23rd day of NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of NOVEMBER,
2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
Page 211 of 245
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to authorize an agreement for legal services with Duncan, Linton LLP.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement for legal
services with Duncan, Linton LLP;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the legal services agreement attached hereto as Schedule A forms part of
this By-Law;
2. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 23rd day of NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of NOVEMBER,
2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
Page 212 of 245
RETAINER AGREEMENT
f'\_
THIS AGREEMENT MADE this [(flay of November, 2020.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
a municipal corporation incorporated pursuant to the laws of the Province of
Ontario
("Tillsonburg")
-and-
DUNCAN, LINTON LLP
a limited liability partnership carrying on the practice of law in and pursuant to
the laws of the Province of Ontario
("DL")
WHEREAS Tillsonburg issued Request for Proposal 2020-014 being a Proposal for Legal
Services (the "RFP");
AND WHEREAS DL submitted a proposal in response to the RFP dated October 14, 2020 (the
"DL Submission"); and
AND WHEREAS the DL Submission was accepted by Tillsonburg.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the
mutual covenants and agreements herein contained, and subject to the terms and conditions set
out in this Agreement, the parties hereto agree as follows:
1. The terms and conditions of the RFP, shall form part of and apply to this Retainer
Agreement . Any term not specifically defined in this Retainer Agreement shall have the
same meaning as provided in the RFP.
2. DL is retained to provide legal services as set out in the RFP and as may be requested
from time to time by Tillsonburg (the "Retainer").
3. Steven D. S. Ross will be the Designated Counsel for all areas oflaw stipulated in the RFP,
save and except Construction Law and Human Resources/Employment Law (when
applicable)which Designated Counsel shall be Michael A van Bodegom.
4. The Designated Counsel are the principal contacts of DL and will manage DL's
relationship with Tillsonburg. The principal contact for Tillsonburg is the Town Clerk,
Michelle Smibert.
Page 213 of 245
5. The fees for services rendered for the term of the Retainer shall be calculated on the basis
set out in Schedule A of this Retainer Agreement. These rates shall remain in effect and
shall not be increased during the term of the Retainer.
6. Tillsonburg and DL acknowledge that the list of legal services as set out in Schedule A
are illustrative of the type of work that falls within each category and non-exhaustive.
The determination of whether a given matter falls within Category One or Category Two
of Schedule A will be made at the time that initial instructions are given and the
applicable category will be specified on each account rendered by DL to Tillsonburg.
7. Tillsonburg acknowledges that a change in circumstances may result in a Category One or
Category Three matter becoming a Category Two matter.
8. Subject to early termination, the Retainer shall commence on January 1, 2021 and shall
continue for a term of five (5) years with one two (2) year extension.
9. Tillsonburg may terminate the Retainer at any time prior to the completion of its term,
either in whole or in part, with or without cause. In the event of early termination, DL
shall receive payment for the services performed to the date DL's services are terminated
and for any services performed after the date of termination.
10 . DL agrees to save, keep harmless and fully indemnify Tillsonburg,, its elected officials,
officers, employees and agents, from and against all actions, claims and demands
whatsoever which may be brought against or made upon Tillsonburg, and against all loss,
liability, judgments, claims, costs, demands or expenses that Tillsonburg may sustain as a
result from or arising out of DL's negligent actions or omissions in carrying out its
responsibilities under this Retainer Agreement.
11. This Agreement, the RFP and the DL Submission, shall form the entire agreement
between Tillsonburg and DL concerning the matters set out herein and there are no
warranties, representations or other Agreements between the parties in connection with
the subject matter of this Agreement except as specifically set forth herein.
12. This Agreement may be executed in any number or counterparts with the same effect as if
all parties had signed the same document. All counterparts shall be construed together,
and shall constitute one and the same agreement.
13. Subject to the restrictions on assignment, this Agreement shall enure to the benefit of and
be binding upon the parties and their respective successors and assigns.
Page 214 of 245
WITNESS WHEREOF the parties have signed and sealed this Agreement as of the day and year
first above written .
Per:
Per:
Per:
THE CORPORATION OF
THE TOWN OF
TILLSONBURG
Mayor
Michelle Smibert
Clerk
We have the authority to bind
The Corporation of the Town of
Tillsonburg
LLP
I have the authority to bind the
Partnership.
Page 215 of 245
SCHEDULE A
FEES FOR LEGAL SERVICES
Tillsonburg shall pay the legal fees according to the categorization of each matter as
follows:
CATEGORY ONE -GENERAL LEGAL ADVICE
Category One -including but not limited to:
• advising on council procedure, procedural by-laws and governance issues;
• conducting and advising on all types of real estate and commercial transactions;
• advising on legal issues relating to planning and subdivision of land and development
services;
• advising on and assisting with regulatory compliance (inclusive of freedom of information
and environmental issues);
• advising on and drafting contracts;
• advising on and drafting municipal procurement documents (ie, RFPs, tenders, etc.);
• advising the clerk on municipal election issues;
• advising on financial matters such as assessment, taxation, tax sales and debentures;
• adv ising on and drafting and enforcement of municipal by-laws and other regulatory
statutes (and the enforcement of regulatory statutes within the authority of
municipalities);
• advising on contract disputes;
• advising on employment/labour matters (inclusive of employment contracts, wrongful
dismissal, termination for cause and reasonable accommodation issues);
• small claims court matters; and,
• advising on municipal liability claims.
The hourly rates fo r all lawyers for Category One work shall be at a rate of $250 an hour.
Page 216 of 245
CATEGORY TWO -HEARINGS AND MATTERS THAT PRESENT THE
POSSIBILITY OF COST RECOVERY
Category Two -including but not limited to:
• the prosecution and defence of claims in the Superior Court ofJustice and Court of
Appeal;
• representing Tillsonburg before the Ontario Human Rights Commission, the Local
Planning Appeals Tribunal and other administrative tribunals; and,
• transactions in which a developer or owner is responsible for paying the municipality's
legal costs (eg., costs in relation to subdivision agreements, transfers, easements, site plan
agreements, releases, servicing agreements, highway closures and conveyances of land,
etc.).
The hourly rate for all Category Two work shall be:
Years of Experience of Lawyer Performing Proposed Hourly Rate
Services
Up to 5 years $250
6-12 years $260
13-20 years $300
Over 20 years $325
CATEGORY THREE -PROSECUTIONS
Category Three -including but not limited to:
• prosecutions before the Ontario Court ofJustice;
• the enforcement of by-laws under the Provincial Offences Act; and,
• prosecutions under other legislation such as, the Building Code Act and the Fire Protection
and Prevention Act.
The hourly rates for all lawyers for Category Three work shall be at a rate of $140 an hour.
Page 217 of 245
CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to authorize an agreement of purchase and sale with Edwin
McLaughlin and Maureen McLaughlin.
WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of
purchase and sale for lands described as the non-industrial portions of the 1,101
Highway 3 Property described as part of Part 1, Plan 37R-283.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the authorization is hereby given for the sale of those lands
described as the non-industrial portions of the 1,101 Highway 3 Property
described as part of Part 1, Plan 37R-283, subject to those terms and provisions
outlined within the offer of purchase and sale as attached hereto as Schedule A;
2. THAT the agreement of purchase and sale attached hereto as Schedule A forms
part of this By-Law.
3. THAT this By-Law shall come into full force and effect upon passing. .
READ A FIRST AND SECOND TIME THIS 23rd day of NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of NOVEMBER,
2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
Page 218 of 245
..
AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Vendor")
-and-
EDWIN AND MAUREEN McLAUGHLIN
(the "Purchaser'')
WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule
"A" (the "Property"); I
AND WHEREAS the Purchaser proposed a bid, which was accepted by the Vendor, for the
purchase of the Property pursuant to the public notice and reque~t for bids posted by the Vendor, a
copy of which is attached hereto as Schedule "E". I
AND WHEREAS the Vendor wishes to transfer the Property to the Purchaser, with the Purchaser
retaining a portion of the Property in trust for the Vendor to per~it the future road development by
the Vendor, and the Purchaser retaining the balance of the Property for their own benefit;
NOW THEREFORE IN CONSIDERATION of the mutual covenantl and premises in this Agreement,
the parties agree as follows:
1.
2.
3.
SECTION I -GENERAL
The Purchaser agrees to purchase the Property and the \Vendor agrees to sell the Property
according to the terms of this Agreement. I
The Purchaser acknowledges and agrees that the Property is being sold by the Vendor
pursuant to the proposal received by the Vendor thr9ugh the Surplus Lands process
established September 8, 2020, and the corresponding information provided by the
Purchaser in the proposal submitted to the Vendor p1il1ior to the September 28, 2020,
deadline. Any changes in proposed use or tenancy must be approved by the Vendor.
Further, the Purchaser agrees on the merits of developing the property to the highest
standards in order to provide for accommodation an9 events facility in the Town of
Tillsonburg. I
In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall
pay to the Vendor a Purchase Price calculated at EIGHT I HUNDRED AND SEVENTY-FIVE
THOUSAND DOLLARS ($875,000). The Purchase Price small be paid as follows:
(a)
(b)
(c)
Twenty-Five Thousand Dollars ($25,000) deposit is payable by the Purchaser by
certified cheque upon Acceptance of this Agreement, to be held on an interest free
basis by the Solicitor for the Vendor as a de~osit pending completion of this
transaction on account of the Purchase Price on dompletion, or if this Agreement is
not completed through no fault of the Purchaser, the deposit shall be returned to the
Purchaser;
A further Seventy Five Thousand ($75,000) deposit upon the waiver of conditions, to
be held in an interest basis by the Solicitor for the lender; and,
the balance of the Purchase Price, subject to ~djustments, shall be paid to the
Vendor on the Completion Date, by certified cheque or bank draft.
SECTION II -PURCHASE OF PROPERTY
4. Irrevocable Date
(a) This APS shall be irrevocable and open for accept~nce by the Vendor until 6:00 p.m.
ol,~~e 24th day of November, 2020 ("Acceptance"), and when accepted shall
Buyer's Initial~· Seller's Initials, __ _
Page 219 of 245
constitute a binding contract of purchase and sale, otherwise the APS shall be null
and void and all deposit monies paid shall be returned to the Purchaser without
deduction.
(b) Acceptance shall mean the date upon which the Mayor and Clerk of the Town of
Tillsonburg, or such other persons as the Vendor may authorize from time to time,
sign and execute this APS subsequent to the requirement that the Council of The
Corporation of the Town of Tillsonburg has passed a resolution or by-law authorizing
and approving the sale of the Property to the Purchaser pursuant to the terms of this
APS.
(c) The parties agree and acknowledge that negotiation of this APS is not a valid and
binding agreement until accepted by the Council of The Corporation of the Town of
Tillsonburg. The Chief Administrative Officer of the Town of Tillsonburg, or his or her
designate, shall negotiate the terms of this APS in good faith. However, the
negotiation of the terms of this APS by the Chief Administrative Officer of the Town of
Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of
Tillsonburg until such time as this APS is authorized and approved by the Council of
The Corporation of the Town of Tillsonburg.
5. Council Approval
(a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and the approval of the Council of The Corporation of
the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law.
6. Deed/Transfer
(a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the
terms of this Agreement.
(b) The portion of the Property to be shown on the Reference Plan as agreed between
the parties (the "Trust Portion") shall be held by the Purchaser in trust for the Vendor
on the following terms:
(i) The Purchaser shall, upon thirty (30) days written notice, transfer legal
ownership to the Trust Portion to the Vendor for no consideration provided
that the Vendor has constructed and assumed a municipal road to the
laneway that provides access for the Purchaser to the Property.
(ii) The Vendor shall pay for all costs associated with the transfer described in
paragraph 6(b)(i).
7. Completion Date
(a) The closing of this transaction shall take place on Monday, December 4, 2020 or
such other date as mutually agreed upon (the "Completion Date") at which time
possession of the Property in "as is, where is" condition shall be given to the
Purchaser other than as provided in this APS. The Vendor acknowledges that it has
the right and authority to sell the Property.
8. Documents, Reports and Information
(a) The Vendor will produce and deliver to the Purchaser within seven (7) days of
Acceptance of the APS any documents, reports or information in its possession in
respect to the Property. The Purchaser agrees to return all of the above
documentation to the Vendor if this transaction is not completed.
SECTION Ill -CONDITIONS, REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a) The Purchaser acknowledges that it is acquiring the Property in an "as is" condition
and that it must satisfy itself within seven (7) days of Acceptance of the APS
regarding the condition of the Property including, but not limited to, all existing
physical conditions of this Property including the state of the existing residential
dwelling, environmental conditions, fitness for any purpose, suitability for
construction, soil bearing capacity for any building proposed, and the availability of
m~nJci_ral services and utilities necessary for the Purchaser's ~rop~~ed use of the
Buyer's lnitials#M' . Sellers Initials __ _
Page 220 of 245
Property. The Purchaser acknowledges that the Vendor shall not be responsible for
any physical deficiencies of the Property or for any past, present or future
environmental liabilities and hereby waives any claims against the Vendor in respect
of any environmental liabilities on the Property. The Purchaser agrees to sign a
release and indemnity in favour of the Vendor on or before closing with respect to
matters set out in the preceding sentence. If the Purchaser is for any reason
whatsoever dissatisfied with the Property, it shall deliver written notice to that effect to
the Vendor by no later than the time specified herein, and this Agreement shall be
terminated and the deposit shall be returned to the Purchaser without interest or
deduction. If the Vendor is notified that the condition of the Property is not
satisfactory, then the Purchaser shall, prior to receiving its deposit monies back and
prior to being entitled to a full release from the Vendor with respect to this Agreement,
restore the Property to its original condition as it existed prior to such testing or
inspection by the Purchaser, at the Purchaser's sole expense. If the Purchaser fails
to deliver written notice to the Vendor within the time specified herein regarding this
condition, this condition shall be deemed to have been waived by the Purchaser. The
Vendor covenants that it shall permit the Purchaser, and its agents, employees
and contractors, access to the Property to conduct such inspections as
required by this section 9(a) and any other provisions of this APS.
10. Other Conditions
(a) This APS and completion of this transaction is subject to the condition as set out in
Schedule "B".
11. Investigation by the Purchaser
(a) The Purchaser acknowledges having inspected the Property prior to executing the
APS and understands that upon Acceptance by the Vendor, and subject to any
conditions herein including, but not limited to the condition as contained in section
9(a) of this APS, there shall be a binding agreement of purchase and sale between
the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at
its own expense, any soil bearing capacity tests or environmental inspection, as may
be required or desired, and the Vendor shall grant the Purchaser access for such
testing or inspection at all reasonable times, on reasonable notice, for the purpose of
conducting reasonable inspections.
12. Future Use
(a) The Vendor and the Purchaser agree that there is no condition, express or implied,
representation or warranty of any kind that the future intended use of the Property by
the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in
this Agreement.
(b) Notwithstanding the foregoing, the Purchaser agrees and covenants that, upon
completion of the transaction, it shall develop the property in accordance with the
proposal submitted and accepted by the Town as contained in Schedule "E"; namely,
(i) The conversion of the existing residential dwelling to a Bed & Breakfast
establishment at its own expense;
(ii) The development of a minimum 100 person event/retreat centre with suitable
indoor/outdoor space (rustic event barn);
(iii) The addition of low-impact housing available on a seasonal or year round
basis;
(iv) The construction of a trail extension through the adjacent property to the east
of the Property, with a connection to the existing trails through the Bridges at
Tillsonburg golf course, at the Purchaser's cost, in their sole and absolute
discretion;
(v) In cooperation with the Vendor with both the Vendor and Purchaser equally
sharing such cost, the extension of the above noted trail through the Property
along a mutually agreeable route, which shall be determined by both parties,
acting reasonably, and subject to the Vendor's determination, in its sole
discretion, of the timing and financial appropriateness of such trail extension;
and,
Buyer's Initial~' Seller's Initials __ _
Page 221 of 245
(vi) The Purchaser agrees and covenants that it shall, upon completion of the
transaction and in cooperation with the Vendor, allow for a future connection
of the community trail from the lands adjacent to and west of the Property at
the Vendor's sole cost.
13. Provision of Plans
(a) The Purchaser agrees and covenants that prior to the issuance of a building permit,
the Purchaser shall provide to the Town of Tillsonburg a plan showing the location of
the new and proposed building(s) and structures (other than those structures
temporary in nature), the front elevation of the building(s), the exterior building
materials, the landscaping treatment and the proposed trail location and route (s).
The provisions of this paragraph shall survive closing.
14. Reasonable Assistance
(a) The Vendor agrees to provide reasonable assistance and co-operation to the
Purchaser in obtaining the necessary approvals for the development of the Property
subject to the Purchaser's compliance with all relevant building codes, by-laws, land
use controls, any other statutory requirements and payment of the fees provided for
in the Town of Tillsonburg's current fees by-law.
(b) Nothing in this agreement shall fetter the Vendor's discretion to make decisions
regarding any of its responsibilities as a municipal body.
15. Development Covenants and Restrictions
(a) The Property shall be subject to the development covenants and restrictions more
particularly set out in Schedule "D" attached to this APS, which shall survive the
completion of this transaction and run with the Property. The development covenants
and restrictions shall be registered on title by the Vendor. In the event that the said
covenants and restrictions are not registered on title to the Property on or before
closing, the Purchaser covenants and agrees to consent to the registration of the
covenants and restrictions after closing.
16. Property Not for Resale
(a) The Purchaser covenants that it is purchasing the Property for the construction of a
building and not for the purpose of resale of vacant land.
16.1 Easement
(a) The Parties agree that the Vendor shall on or before Closing obtain from the property
owner immediately to the west (the "Adjacent Property") an easement agreement to
use the current laneway (approximately 25 foot even width throughout) which is
situate on the eastern portion of the Adjacent Property for the purpose of access and
electrical services from Highway 3 to the Property.
SECTION IV-PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) The Purchaser, its agents and contractors shall be permitted to inspect the Property
and any buildings as frequently as is reasonably necessary between the date of
Acceptance and the Completion Date at reasonable times and upon reasonable
notice to the Vendor.
18. Insurance
(a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof
in trust for the parties as their interest may appear and in the event of damage to the
Property. The Purchaser may elect to either receive the proceeds of the insurance
and complete the purchase or to cancel the APS and have all the deposit monies
paid to the Vendor returned together with all interest earned thereon without
deduction.
SECTION V -COMPLETING THE TRANSACTION
19. Deed/Transfer
Buyer's lniti,/~ Seller's Initials __ _
/ltl{_
Page 222 of 245
(a) The Deed or Transfer of the Property will be prepared at the expense of the Vendor in
a form acceptable to the solicitors for the Purchaser and the Purchaser will pay all
Land Transfer Tax, Harmonized Sales Tax and other costs in connection with the
registration of it.
20. Electronic Registration
(a) The parties agree that the transaction shall be completed by electronic registration
pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as
amended. The parties acknowledge and agree that the delivery and release of
documents may, at the discretion of the lawyer: a) not occur contemporaneously with
the registration of the transfer/deed and other registrable documentation, and b) be
subject to conditions whereby the lawyer receiving documents and/or money will be
required to hold them in trust and not release them except in accordance with the
terms of a written agreement between the lawyers entered into in the form of the
Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on
Elective Registration of Title Documents.
21. Survey or Reference Plan
(a) The parties acknowledge that a survey may be required and a Reference Plan may
be registered on title at the Vendor's sole cost and may be used to provide a
registrable description of the Property and any easements.
22. Letters and Reports from Officials of the Vendor
(a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if
requested, at the Vendor's expense, letters or reports from the Building and Zoning
Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg
regarding the status of compliance with all codes, by-laws, rules and regulations with
respect to the Property and any buildings located thereon.
23. Examination of Title
(a) Title to the Property shall be good and marketable and free from all encumbrances
except for any service easements or ,rights-of-way to be reserved in favour of the
Vendor and for any easements or rights-of-way registered on title and any minor
encroachments shown on the survey or Reference Plan delivered to the Purchaser.
Any required easement shall be in the form set out in Schedule "C".
(b) The Purchaser is allowed seven (7) days from Acceptance of this APS to examine
the title to the Property. If on or before this date the Purchaser furnishes the Vendor
in writing with any valid objections: to the title; to any undisclosed outstanding work
orders; to undisclosed non-compliance with the municipal by-laws or covenants and
restrictions which run with the land and cannot be resolved before the Completion
Date; as to any objection of which the Vendor shall be unable to remedy or correct by
the Completion Date and which the Purchaser will not waive, then this APS shall,
notwithstanding any intermediate acts or negotiations, be terminated and the deposit
shall be returned to the Purchaser without deduction and the Vendor and the
Purchaser shall not be liable for any costs, damages, compensation or expenses.
24. Vendor to Discharge all Encumbrances
(a) The Vendor agrees to obtain and register at its own expense, on or before the
Completion Date, a discharge of all liens, encumbrances, agreements and mortgages
now registered against the Property and not assumed by the Purchaser. The Vendor
further covenants and agrees to discharge, on or before the Completion Date, any
and all liens, chattel mortgages, assignments or any other security interest given by
the Vendor against its personal Property.
25. Adjustments
(a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest
thereon shall be credited to the Purchaser in the Statement of Adjustments prepared
for the Completion Date.
(b) Any rents, mortgage, interest, taxes, local improvements, water and assessment
rates shall be apportioned and allowed to the Completion Date, the day itself to be
apportioned to the Purchaser.
26. Deliver~;t~e Vendor To The Purchaser on Closing
Buyer's Initials c.. Seller's Initials ---
Page 223 of 245
(a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion
Date, all such deliveries to be a condition of the Purchaser's obligation to close this
transaction, the following:
(i) a deed/transfer of the Property;
(ii) any survey or reference plan of the Property in the possession of the Vendor;
(iii) a Statutory Declaration by an authorized officer of the Vendor stating that
accurateness and truthfulness of all of the representations and warranties;
(iv) a Statutory Declaration by an authorized officer of the Vendor as to
possession of the Property in a form acceptable to the solicitors for the
Purchaser;
(v) a Statutory Declaration by an authorized officer of the Vendor that it is not
now, and upon completion will not be, a "non-resident person" within the
meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C.,
1985, c. 1 (5th Supp.) as amended;
(vi) certified copies of all appropriate certificates, by-laws and other documents of
Vendor authorizing the transaction herein; and
(vii) such further documentation and assurances as the Purchaser may reasonably
require to complete the transaction contemplated by the APS.
27. Harmonized Sales Tax
(a) The parties hereto acknowledge and agree that the transaction contemplated herein
is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C.,
1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The
Vendor shall provide the Purchaser with its HST Business Number. The Purchaser
shall pay to the Vendor any HST imposed under the Act payable in connection with
the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser
or its nominee, or its assignee, provides:
(i) a certificate on or before the Completion Date containing a representation and
warranty to the Vendor that:
(1) it is registered for the purpose of the HST on the Completion Date and
specifying the HST registration number;
(2) it will self-assess the HST on its GST/HST return or file the prescribed
form pursuant to subsection 228(4) of the Act in connection with the
purchase of the Property;
(3) the Property transferred pursuant to this APS is being purchased by
the Purchaser, or its nominee or assignee, as principal for its own
account and is not being purchased by the Purchaser as agent, trustee
or otherwise on behalf of or for another person, and does not
constitute a supply of residential complex made to an individual for the
purpose of paragraph 221 (2)(b) of the Act;
(4) an indemnity, indemnifying and saving harmless the Vendor from any
HST payable on this transaction and penalty and interest relating to
HST; and
(5) a notarial true copy of its HST registration confirmation.
SECTION VI -MISCELLANEOUS
28. Entire Agreement
(a) There is no representation, warranty, collateral agreement or condition affecting this
Agreement of the Property other than expressed herein.
29. Tender
Buyer's Initials~ Seller's Initials. __ _
){_fa(_
Page 224 of 245
(a) Any tender of documents or moneys hereunder may be made upon the solicitor
acting for the party upon whom tender is desired, and it shall be sufficient that a
negotiable, certified cheque or bank draft may be tendered instead of cash.
30. Time of Essence
(a) Time shall be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective only if the provisions of Section 50 of the Planning
Act, R.S.O. 1990, c.P.13, as amended are complied with.
32. Notices
(a) All notices in this Agreement shall be in writing and shall be deemed to have been
given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to
the solicitor for the person to whom such notice is intended to be given at the
following addressed:
Solicitors for the Vendor:
Duncan, Linton LLP
ATTENTION: Steven D.S. Ross
45 Erb Street West
Waterloo, ON N2J 1 L7
Fax: (519) 886-8651
with a copy delivered to:
The Corporation of the Town of Tillsonburg
ATTENTION: Development Commissioner
204-200 Broadway
Tillsonburg, ON N4G 5A7
Fax: 519-842-9431
Solicitors for the Purchaser:
Mandryk & Morgan
Att: James Morgan
40 Brock StW
Tillsonburg, ON N4G 2A2
Canada
mhlaw@execulink.com
Fax: (519)842-7659
If mailed, such notices must also be given by facsimile transmission on the date it
was so mailed. If so given, such notices shall be deemed to have been received on
the first business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) The Purchaser shall be permitted to assign all of its right, title and interest in and to
this APS with the Vendor's written approval, which shall not be unreasonably
withheld, including assignment to another corporation with the same shareholders as
the Purchaser. Subject to the restrictions in the preceding sentence, the Vendor
agrees to engross the Transfer/Deed of Land as directed by the Purchase on the
completion Date as the Purchaser may elect, and the Vendor agrees to complete the
transaction contemplated by this APS on the Completion Date with such assignee or
nominee. The Purchaser is released from all liability hereunder, if it assigns its
interest in this APS. This Agreement shall be binding upon the parties hereto and
their respective successors and assigns.
34. Schedules
(a) The following Schedules shall form an integral part of this Agreement:
(i) Schedule "A" Description of the Property;
(i9 , S. chedule "B" Conditions;
Buyer's Initial~ Seller's Initials __ _
Page 225 of 245
(iii) Schedule C" Easement;
(iv) Schedule "D" Development Covenants; and
(v) Schedule "E" Public Notice and Request for Bids.
35. Acceptance by Fax or Email
(a) The Purchaser and Vendor acknowledge and agree that the communication of this
Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic
mail, and that they agree to accept such signatures and documents to be legal and
binding upon them.
36. Counterparts
(a) This Agreement may be signed in any number of counterparts, each of which is
considered to be an original, and all of which are considered to be the same
documents.
37. Severability
(a) If any provision of this Agreement, or the application thereof to any circumstances,
shall be held to be invalid or unenforceable, then the remaining provisions of this
Agreement, or the application thereof to other circumstances, shall not be affected,
and shall be valid and enforceable.
IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dated at 11 I I Y'l'*J , Ontario this fl day of r.l?v,,..J,,,.. , 2020.
**
Per:
Name· WIN McLAUG IN
Title: , -/ •
/M(lklfffeA .fe:izLUc~A. /
Name: MAUREEN McLALKiiLIN
Title:
I/We have authority to bind the Corporation.
The Vendor hereby accepts this Agreement according to its terms.
Dated at Tillsonburg, Ontario this ___ day of _______ , 2020.
IN WITNESS WHEREOF the Vendor has executed this Agreement:
Buyer's Initials )t,~,
The Corporation of the Town of
Tillson burg
Stephen Molnar
Mayor
Michelle Smibert
Clerk
We have authority to bind The Corporation
of the Town of Tillsonburg.
Seller's Initials __ _
Page 226 of 245
SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY
Parts of Lots 3 and 4, Concession 5 NTR, and more particularly described as part of Part 1, Plan
37R-283 and to be described by a new reference plan more or less as shown below;
ALL AND SINGULAR that certain parcel or tract of land and premises situated, lying and being in
the Town of Tillsonburg in the County of Oxford, being compromised of:
SUBJECT PROPERTY: Parcels Intended to be Declared Surplus
Buyer's Initials L k(1 r Seller's Initials. __ _
Page 227 of 245
· SCHEDULE "B" -PURCHASER CONDITIONS
The Purchaser shall, upon waiver of all conditions and payment of the additional deposit amount, be
permitted by the Vendor to obtain early access to the property for the purposes of mitigation of
moisture and other conditions of the property. The Purchaser acknowledges and agrees that any
work done to the property shall be upon approval of the Vendor and shall also be at the Purchaser's
own cost and risk. Should the transaction not be completed, those works shall either be restored to
their original condition or allowed to remain in place at no cost to the Vendor. The Purchaser shall
provide indemnification and proof of suitable insurance coverage, to the satisfaction of the Vendor,
prior to proceeding with any works.
Buyer's Initials/, fll-· Seller's Initials ---
Page 228 of 245
SCHEDULE"C"-EASEMENT
TERMS AND PROVISIONS OF THE EASEMENT:
I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of
Tillsonburg (the 'Town"), its successors and assigns, in perpetuity, the free, uninterrupted and
undisturbed right and easement to enter upon the lands herein described at any time for the
purposes of constructing, installing and maintaining all municipal services of any kind (including
water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and
without limiting the generality of the foregoing, to enable the servicing and outlets for the
development of the surrounding industrial lands and/or trail extensions as may be applicable and
with the further and continuing right to the Town, its successors and assigns, and its servants,
agents and workers to enter upon the lands at any time to construct, repair, correct, operate, replace
and maintain at all times in good condition and repair the municipal services and for every such
purpose the Town shall have access to the said lands at all times by its agents, servants, employees
and workers.
2. The Town covenants and agrees that, upon completion of any work undertaken hereunder,
the Town will restore the areas of land upon which it has performed work to the same condition as
that in which the lands were found prior to the commencement of the work.
3. The Owner covenants with the Town to keep the lands herein described free and clear of any
trees, buildings, structures or other obstructions which may limit the use, operation, repair,
replacement or maintenance of the easement and to use the lands herein described only in a
manner and for purposes not inconsistent with the exercise of the rights created by this indenture
and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed,
roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything
which might injure any of the works of the Town hereon.
The term "building" as set out herein shall specifically include any window sills, chimney
breasts, cornices, eaves or other architectural features projecting from the first floor of the building
but shall not include window sills, chimney breasts, cornices, eaves or other architectural features
projecting from the second floor of the building by less than two (2) feet and such second floor
projections shall be specifically authorized and allowed to encroach upon the lands herein
described.
4. The Town, by the acceptance and registration of the within easement, agrees to be bound by
the terms and provisions contained herein.
5. The burden and benefit of this easement shall run with the lands herein described and shall
extend to and be binding upon and enure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
6. This is an easement in gross.
Buyer's !nit~ Seller's Initials ---
Page 229 of 245
1 . Title Control
SCHEDULE "D"
DEVELOPMENT COVENANTS
(a) The owner or owners of the property (the "Owner") upon which these development
covenants attach (the "Property") covenants and agrees that will develop and
maintain the property for the purposes of a Bed and Breakfast establishment, a
minimum 100 person event/retreat centre and a proposed trail network. The Owner
further covenants and agrees to commence development of the Property in
compliance with the proposed uses, subject to obtaining suitable zoning, at the
Owner's risk, of the Property's within one (1) year of the date the Owner took title to
the Property being the date of registration of transfer (the "Completion Date") and to
substantially complete the renovation of the said building to a Bed and Breakfast in
conformity with an approved site plan, if applicable, within two (2) years from the
Completion Date of this transaction.
(b) If the Owner does not comply with the provisions of subclause 1.a) above within the
periods therein specifically set out or within the Extended Time, the Owner, will, at the
option of the Town of Tillsonburg by notice in writing to the Owner, re-convey good
title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in
consideration for payment by the Town of Tillsonburg to the Owner of 100% of the
purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of
the Property in the first instance (the "Discounted Consideration"). The re-conveyance
shall be completed within sixty (60) days of the notice set out in this subclause. The
Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all
of its reasonable costs, realty commission and legal fees incurred with respect to the
original conveyance of the Property by the Town of Tillsonburg to the Owner, as well
as the costs of the Town of Tillsonburg in re-acquiring the Property, including without
limitation, realty commission, registration costs, land transfer tax, legal fees and such
other costs as reasonably incurred by the Town of Tillsonburg. The Town of
Tillsonburg shall not be required to pay for any improvements that may have been
made, constructed, installed or performed by the Owner on the Property.
Notwithstanding this, the Owner shall be permitted to revise their plans and seek
approval from the Town of Tillsonburg for such revised plans should their proposed
plans not be viable. The Town of Tillsonburg may, in their sole and absolute
discretion, acting reasonably, approve such revised plans. The Owner shall make a
request to revise their plans, in writing to the Town of Tillsonburg who shall have 30
days to review and provide approval for the revised plan.
(c) Subject to subclause 1.b) above, the Owner covenants that it will not sell the Property
or any part thereof to any person, firm or corporation without first offering, in writing,
to sell the Property to the Town of Tillsonburg for consideration equal to the
consideration paid by the Owner to the Town of Tillsonburg in the original
conveyance of the Property provided however that the Owner may sell or transfer the
Property to a company owned by the Purchaser(s) provided such company assumes
and confirms its acceptance of the within covenants and restrictions and expressly
undertakes in writing to comply with them in such form as the Town of Tillsonburg
may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of
an offer made by the Owner under this subclause, to accept such offer which
acceptance shall be in writing. If the Town of Tillsonburg does not accept an offer to
sell made by the Owner under the provisions of this subclause, the Town of
Tillsonburg's right to repurchase the Property so offered shall terminate. However, the
remaining provisions of this clause 1 as well as other provisions herein shall continue
in full force and effect. The limitation contained in this subclause, will expire upon the
Owner fulfilling all of the building requirements as set out in subclause 1.a) and 1.b)
above.
2. Development Standards
(a) The Owner hereby acknowledges that it is aware that the Property is designated as
within a site plan control area. The Owner shall not commence any construction or
use the Property until site plan approval has been obtained. The external building
materials used on any building to be constructed on the Property must be approved in
writing in advance by the Town of Tillsonburg as part of such site plan control
approval process.
3. Assignment of Covenants
Buyer's Initial~· Seller's Initials ---
Page 230 of 245
(a) The Owner acknowledges and agrees that the covenants and restrictions herein shall
run with the title to the Property. The Owner, for itself, its successors, heirs, and
assigns in title from time to time of all or any part or parts of the Property will observe
and comply with the stipulations, restrictions, and provisions herein set forth (the
"Restrictions"), and covenants that nothing shall be erected, fixed, placed or done
upon the Property or any part thereof in breach or in violation or contrary to the
Restrictions or the provisions of the agreement of purchase and sale between the
Owner and the Town of Tillsonburg and that the Owner will require every subsequent
purchaser or every successor in title to assume and acknowledge the binding effect
of this document, as well as, covenant to observe and comply with the Restrictions
and other covenants herein, and the surviving provisions of this Agreement of
Purchase and Sale.
4. Force Majeure
(a) If the Owner shall be unable to fulfill, or shall be delayed or restricted in fulfilling any
of the obligations set out herein due to any act or neglect of the Town of Tillsonburg
or any of its employees, or due to strikes, pandemic, emergency orders, walkouts,
lockouts, fire, unusual delay by common carriers, or by any other cause beyond the
Owner's reasonable control, then the time for fulfilling any such obligations shall be
extended for such reasonable time as may be required by the Owner to fulfill such
obligation.
5. Right to Waive
(a) Notwithstanding anything herein contained, the Town of Tillsonburg and its
successors shall have the power by instrument or instruments in writing from time to
time to waive, alter or modify the herein covenants and restrictions with respect to
their application to any part of the Property without notice to or approval from the
Owner or notice to or approval from the owners of any other adjacent or nearby
lands.
Buyer's lniti~. Seller's Initials ---
Page 231 of 245
SCHEDULE "E"
PUBLIC NOTICE AND SUBMITTED PROPOSAL
PUBLIC NOTICE
The Corporation: of the Town of Tillsonburg
Purpose of Notice
200 Broadway, Suite 204
Tinsonburg, ON N4G 5A7
The purpose of this notice is to advise that the Corporation of the T ovvn of Tillsonburg
intends to declare portions of the 1, 101 Highway 3 property, described as Parts of Lots
3 and 4, Concession 5 NTR, and more particularly described as part of Part 1, Plan
37R-283, surplus to the needs of the Town of TiHsonburg at the September 28, 2020
Council Meeting and that, in accordance with Bylaw 3549 -Sale of Real Property
PoUcy, the Town is hereby providing notice of its intent to sell the property.
This notice is being provided in accordance with the Town's Surplus Lands Bylaw and
Section 270 (1) of the Municipal Act, 2001.
The Town of Tmsonburg is inviting the public to register their interest or concerns with
the Town of Tillsonburg by 4 PM on Monday, September 28, 2020. Interested parties
are asked to submit their proposed purchase price and a brief proposal as to their
proposed use for the property, including potential community benefits. Subject to
successful negotiation, the interested party will be required to enter into a iegal
agreement for approval by the Council of The Corporation of the Town of Tillsonburg.
NOTE: Town Council reserves the right consider ail and any proposals, including taking
into account consideration of benefits to the community in addition to any price
submitted where, in the opinion of Council, it is in the best interest of the Town to do so.
Please note that the minimum bid that the Town will consider is $800,000.00.
Additional Information
There are no public information sessions being offered with respect
to this action; however, interested parties can request a detailed
information package or register their interest by contacting:
Cephas Panschow, Development Commissioner
Town of Tillsonburg, Economic Development & Marketing
51!9.688.3009, x4007
cpanschovv@tillsonburg.ca
The deadline for registering interest in the property is
4 PM on Monday, September 28, 2020.
Personal information co!!ected and recorded at the public meeting or submitted in writing on this subject is
collected under the authority of the Municipal Act, 2001, as amended, and wrn be used by members of
Council and Town staff in their consideration of the applicaUon. The written submissions including names
and contact information and the report of the public meeting ·wm be made available to the public.
Questions about this collection should be referred to the Clerk at 519-688-3009.
Seller's Initials ---
Page 232 of 245
SUBJECT PROPERTY: Part of Part 1, Plan 37R-283
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Page 233 of 245
SUBJECT PROPERTY: Parcels Intended to be Declared Surplus
Buyer's lnitiadl{,q ' Seller's Initials. __
AM
Page 234 of 245
To Whom It May Concern:
Further w the Town of Tiiison burg's intent to declare the non·industrial portions of the 1,101 Highway E
property as surplus to the Town's needs, please accept this letter of intent with respect to our interest
in purchasing the following parcels of land as outlined in the pmperty information package:
• North Block -Approximately 14 Acres comprised of flat table lands and ravine lands;
• Middle Block-Approximately 14 Acres comprised of ravine lands and a residence (the primary
block);
• South, Bfock -Approximately 12 Acres of ravine lands located on the south side of the creek witl
no practical access; and,
• East Block -Approximately 22 Acres of ravine iands n.mning to the east property line.
":Je are interested in acquiring the property in order to redevelop an ev~nt facility for:
• Weddings
• Corporate events
• Christmas Parties
• Showers
• Social gatherings
We believe that the natural amenities of the property, including the secluded nature of the main
residence, will lend Itself well to our proposed use. With an increased focus on safe places, the location
wm support a secfuded retreat like atmosphere away from the hustle and bustle of larger urban centres.
The proposed event/retreat centre wifl be operated ~n conjunction with the Seven Gables Bed &
Breakfast venue and allow for the acoornmodation of larger parties. Our pro,posaf is to seek approval to
convert the house to a 3 to S room Bed & Breakfast facUity along With other row impact housing (yurts
and/or small cabins) throughout the property and a~so to enable the construction of a rustic event barn
and parking on the land to the north of the house .•
Our proposed event/retreat centre would offer a unique facility for the Town. We strongly believe that
this will enhance the Town of TIHsonburg and attract more visitors and spending to our community,
which wifl be welcome, especially as we strive to recover from the impacts of the pandemic.
We are offering $850,000.00 towards the purchase of all the parcels outlined above. In addition to th ls,
we wiH pay for all rosts related to this proposed development and will also consider constructing the
trail extension through the adjacent property at our oost (to our specifications) along with the
construction of the trail through this property fn partnership with the Town. We have no lmJe with
providing easements for drainage and related uses as required.
• Buyer's name; Edwin and Maureen Mclaughlin
• Any conditions you anticipate being required; We anticipate needing proper zoning in order to
achieve our viskm for this property
Buyer's lnltialA, • Seller's Initials __ _
Page 235 of 245
., J
• Proposed purchase and/or development schedule; our plan is to dose as soon as possible to get
started on this.
• Any employment that may be related to a proposed use; Once our project is completed, there
would be employment opportunities for the hospitality and service industry.
• Any other relevant information.
Our proposal would require support from the Town of Tillsonburg and we would be looking for that
commitment as part of the negotiation process.
In dosing, we would like to thank the Town of Tillsonburg for their consideration of our proposal. We
believe that we are best suited to redevelop this property. Working together, we can create a signature
facility; with.in Southwestern Ontario, while supporting the growth and diversification of our economy.
We look forward to working with the Town of Tiiison burg to realize this opportunlty. Please do not
hesitate to contact us should you have any questions with respect to our proposal.
Sincerely,
Edwin and Maureen Mclaughlin
11'
Buyer's lnitia~ Seller's Initials __ _
)iM_
Page 236 of 245
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to authorize a lease extension and amending agreement to the lease
for 90 Concession St. E to the Province of Ontario for use as the Headquarters for
the Oxford County Detachment of the Ontario Provincial Police for 2021-2025.
WHEREAS the Town of Tillsonburg is desirous of entering into a lease extension and
amending agreement with the Province of Ontario;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the lease extension and amending agreement attached hereto as
Schedule A forms part of this By-Law;
2. THAT this By-law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 23rd day of NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of NOVEMBER,
2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
Page 237 of 245
L10767
Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
Page 1 of 7
FOURTH LEASE EXTENSION AND AMENDING AGREEMENT
THIS AGREEMENT made in duplicate as of January 1, 2021.
B E T W E E N:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Landlord”)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF GOVERNMENT AND CONSUMER SERVICES
(the “Tenant”)
WHEREAS:
A. By a lease dated October 1, 2000 (the “Original Lease”), the Landlord leased to
Her Majesty, the Queen in right of Ontario as represented by the Chair of the
Management Board of Cabinet (the “Chair”) the premises known as the entire
building, comprising a rentable area of approximately twelve thousand, six hundred
and eighty-eight (12,688) square feet (the “Rentable Area of the Premises”), in
the building municipally known as 90 Concession Street East (the “Building”), in
the Town of the Tillsonburg, in the Province of Ontario, as more particularly
described in Schedule A attached thereto and hatched on the plan attached to the
Original Lease as Schedule B thereto (the “Premises”) for a term of five (5) years,
commencing on October 1, 2000 and expiring on September 30, 2005 (the
“Original Term”), in addition to other terms and conditions as set out therein.
B. Pursuant to the terms of the Original Lease, the Chair was entitled to extend the
Original Term for one (1) additional term of five (5) years.
C. By Order in Council No. 1487/2005, approved and ordered September 21, 2005,
all of the powers and duties assigned by law to the Chair in respect of the
acquisition and disposition of real property, or interests therein, by any means and
the holding and management of real property, or interests therein, were ass igned
to the Minister of Public Infrastructure Renewal (“MPIR”).
D. The MPIR exercised its right to extend the Original Term by a lease extension and
amending agreement dated October 1, 2005 (the “First Lease Extension and
Amending Agreement”) and the parties agreed that the extension term would
commence on October 1, 2005 and expire on December 31, 2010 (the “First
Extension Term”), in addition to other terms and conditions as set out therein.
E. Pursuant to the terms of the First Lease Extension and Amending Agreement, the
MPIR was entitled to extend the First Extension Term for three (3) additional terms
of five (5) years each.
F. By Order in Council No. 1617/2008, approved and ordered September 17, 2008,
all of the powers and duties assigned by law to the MPIR in respect of infrastructure
and any other matters were transferred and assigned to Minister of Energy and
Infrastructure (“MEI”).
G. By Order in Council No. 1320/2010, approved and ordered September 15, 2010,
all of the powers and duties assigned by law to the MEI under Order in Council No.
1617/2008 in respect of infrastructure matters, including but not limited to the
powers, duties, functions and responsibilities of the MEI in respect of the Ministry
of Government Services Act, R.S.O. 1990, c.M.25 in respect of real property
matters, were transferred and assigned to the Minister of Infrastructure (“MOI”).
Page 238 of 245
Lease Extension and Amending Agreement – Subsequent Extensions – 20200401
Page 2 of 7
H. The MOI exercised its first right to extend the First Extension Term by a lease
extension and amending agreement dated January 1, 2011 (the “Second Lease
Extension and Amending Agreement”) with an extension term commencing on
January 1, 2011 and expiring on December 31, 2015 (the “Second Extension
Term”), in addition to other terms and conditions as set out therein.
I. Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated MOI’s
authorities and responsibilities with respect to real property in the name of MOI
subject to certain conditions by Delegation of Authority of Ontario Infrastructure
and Lands Corporation under the Ministry of Infrastructure Act, 2011, S.O. 2011,
c. 9, Sched. 27.
J. By Order in Council No. 1376/2011, approved and ordered July 19, 2011, the MOI
shall exercise the powers and duties assigned by law to the MOI or that may
otherwise be assigned to or undertaken by the MOI in respect of infrastructure and
any other matters related to the MOI’s portfolio.
K. By Order in Council No. 219/2015, approved an d ordered February 18, 2015, all
of the powers and duties previously assigned and transferred to the MOI under
Order in Council No. 1376/2011, save and except as set out in Order in Council
No. 219/2015, were assigned and transferred to the Minister of Eco nomic
Development, Employment and Infrastructure (“MEDEI”).
L. The MEDEI exercised its second right to extend the First Extension Term, as
extended and amended, by a lease extension and amending agreement dated
January 1, 2016 (the “Third Lease Extension and Amending Agreement”) with
an extension term commencing on January 1, 2016 and expiring on December 31,
2020 (the “Third Extension Term”), in addition to other terms and conditions as
set out therein.
M. Pursuant to the terms of the Third Lease Extension and Amending Agreement, the
MEDEI was entitled to extend the Third Extension Term for two (2) additional terms
of five (5) years each, and such rights to extend superceded and replaced the
remaining rights to extend contained in the First Lease Extension and Amending
Agreement.
N. By Order in Council No. 1342/2016, approved and ordered September 14, 2016,
all of the powers and duties previously assigned and transferred to the MEDEI
under Order in Council No. 219/2015 in respect of infrastructure and other matters
are assigned and transferred to the MOI.
O. By Order in Council No. 1152/2018, approved and ordered October 22, 2018,
certain responsibilities in respect of government property under the Ministry of
Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27 and other responsibilities were
assigned and transferred from the MOI to the Minister of Government and
Consumer Services.
P. By a letter dated June 30, 2020, the Tenant has now exercised its first right to
extend the Third Extension Term in accordance with the terms of the Third Lease
Extension and Amending Agreement, with a fourth extension term commencing on
January 1, 2021 and expiring on December 31, 2025 (the “Fourth Extension
Term”), in addition to other terms and conditions as set out herein.
Q. The Third Lease Extension and Amending Agreement provides that any
extensions shall be upon the same terms and conditions of the Original Lease, as
amended and extended, except for the amount of the Annual Rent, which shall be
determined by mutual agreement.
R. The Landlord and the Tenant have agreed on the amount of the Annual Rent for
the Fourth Extension Term.
S. The Original Lease, the First Lease Extension and Amending Agreement, the
Second Lease Extension and Amending Agreement, the Third Lease Extension
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and Amending Agreement and this fourth lease extension and amending
agreement (the “Fourth Lease Extension and Amending Agreement”) are
hereinafter collectively referred to as the “Lease”, except as specifically set out
herein.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
promises hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto agree as follows:
1. CONFIRMATION OF RECITALS
The parties hereto confirm that the foregoing recitals are true in substance and in fact.
2. EXTENSION OF LEASE
The parties hereto agree that:
(a) The Lease is hereby extended for the Fourth Extension Term.
(b) The Fourth Extension Term shall commence on January 1, 2021 and expire on
December 31, 2025.
3. RENT FOR THE FOURTH EXTENSION TERM
(a) The Annual Rent payable for the Fourth Extension Term shall be Three Hundred
and Twenty-Three Thousand, Five Hundred and Forty-Four Dollars ($323,544.00)
per annum (based on a rate of Twenty-Five Dollars and Fifty Cents ($25.50) per
square foot of the Rentable Area of the Premises per annum), payable in equal
monthly installments of Twenty-Six Thousand, Nine Hundred and Sixty-Two
Dollars ($26,962.00), each on the first day of each month during the Fourth
Extension Term, the first of such monthly installments to be due and payable on
January 1, 2021.
4. AMENDMENT OF LEASE
The extension contemplated in Section 2 of this Fourth Lease Extension and Amending
Agreement is subject to all the covenants and conditions contained in the Original Lease,
as amended, renewed and extended from time to time, save and except that:
(a) The Landlord and the Tenant agree that the Tenant shall be granted one (1) further
option to extend the term of the Lease for five (5) years (the “Further Extension
Term”). The Further Extension Term shall be upon the same terms and conditions
of the Original Lease, as extended, renewed or amended, as the case may be,
except that there shall be no further right of extension beyond the Further
Extension Term except for the Annual Rent, which shall for the Further Extension
Term be based upon: (i) the Rentable Area of the Premises, and (ii) the Market
Rental as of the date which is six (6) months prior to the commencement of the
Further Extension Term. The Annual Rent for the Further Extension Term shall be
determined by mutual agreement as of the date which is six (6) months prior to the
expiry of the Fourth Extension Term or the Further Extension Term, as the case
may be, or failing such agreement, by arbitration in accordance with Section 6.14
of the Original Lease.
The Tenant shall give written notice to the Landlord of its extension of the Lease
at least six (6) months prior to the end of the Fourth Extension Term or the Further
Extension Term, as the case may be.
The Landlord and Tenant acknowledge and agree that the extension rights granted
in subsection 4(a) of this Fourth Lease Extension and Amending Agreement shall
be granted in addition to the one (1) remaining extension right contained in the
Third Lease Extension and Amending Agreement and the one (1) remaining
extension right contained in the Third Lease Extension and Amending Agreement
shall continue to survive and remain in full force and effect, for a total of two (2)
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extension rights available to the Tenant at the commencement of the Fourth
Extension Term.
(b) The Original Lease is amended as follows:
(i) Paragraph (g) of the Summary, as amended, is deleted in its entirety and
replaced with the following address for the Tenant for the purposes of
delivering notices in accordance with Section 6.17 of the Original Lease:
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, Ontario M5G 1Z3
Attention: Vice President, Asset Management
Fax: (416) 327-1906
With a copy to:
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, Ontario M5G 1Z3
Attention: Director, Legal (Leasing and Contract Management)
Fax: (416) 327-3376
And an additional copy to:
CBRE Limited
18 King Street East, Suite 1100
Toronto, Ontario M5C 1C4
Attention: Global Workplace Solutions – Director, Lease Administration –
OILC
Fax: (416) 775-3989
(ii) In the Definitions section of the Original Lease, the definition of “Open Data”
shall be inserted:
““Open Data” means data that is required to be released to the
public pursuant to the Open Data Directive.”
(iii) In the Definitions section of the Original Lease, the definition of “Open Data
Directive” shall be inserted:
““Open Data Directive” means the Management Board of Cabinet’s
Open Data Directive, updated on April 29, 2016, as amended from time to
time.”
(iv) Section 4.15, Construction Lien, shall be deleted in its entirety and replaced
with the following:
“Section 4.15
Construction Lien
Not to suffer or permit during the Term hereof any construction liens
or other liens for work, labour, services or materials ordered by it or for the
cost of which it may be in any way obligated, to attach to the interest of the
Landlord in the Premises or the Lands, and that whenever and so often as
any claim for lien is received by the Tenant or registered on title to the
Lands, the Tenant shall, as soon as reasonably possible on the earlier of
receiving notice of the claim or registration, procure the discharge or vacate
thereof by payment or by giving security or in such other manner as is or
may be required or permitted by law.”
(v) Section 4.5, Assign or Sublet, shall be deleted in its entirety and replaced
with the following:
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“Section 4.5
Assign or Sublet
(A) Not to assign this Lease, sublet, part with or share possession of the
Premises or any part thereof (in each case, a “Transfer”) without the
prior written consent of the Landlord, such consent not to be
unreasonably withheld, delayed or conditioned.
(B) Despite the foregoing, the Landlord acknowledges and agrees the
Tenant may, without the Landlord’s consent, change the Occupant
of the Premises, in whole or in part, or sublet or assign this Lease to
any of the following (each shall be referred to herein as a “Permitted
Transfer” to a “Permitted Transferee”), namely, any municipal,
provincial or federal (in each case to the extent appl icable) (i)
governmental agency, board or commission, (ii) ministry, (iii) Crown
corporation, or (iv) department or Person affiliated with the Tenant or
its Service Providers, and the Tenant shall be released from all its
liabilities and obligations hereunder in the event of an assignment or
sublet to a Permitted Transferee. The Landlord specifically
acknowledges and agrees that the use or occupation of all or part of
the Premises by any Permitted Transferee does not constitute an
assignment or sublet and does not require the Landlord’s consent.
The Landlord also acknowledges and agrees that, notwithstanding
anything herein contained to the contrary, the Tenant may, without
the Landlord’s consent, but upon notice to the Landlord, permit
portions of the Premises to be used by the Tenant’s Service
Providers. “Service Provider” means any Person retained by the
Tenant to provide services to the Tenant in respect of the
administration of and operations under this Lease.
(C) If the Landlord’s consent is required for an assignment or sublease,
then the Landlord’s consent shall be deemed to have been given
unless the Landlord notifies the Tenant in writing of the reasons for
the Landlord’s disapproval within fifteen (15) days of receipt of the
request. Notwithstanding anything to the contrary contained in this
Lease, the Landlord shall be liable for any loss, damages, costs, and
expenses incurred by the Tenant (including solicitors’ fees on a
substantial indemnity basis) in respect thereof as a result of the
Landlord unreasonably withholding or unduly delaying its consent to
an assignment, subletting or other transfer proposed by the Tenant
hereunder. The Landlord also acknowledges and agrees that,
notwithstanding anything herein contained, the Tenant may, without
the Landlord’s consent but upon notice to the Landlord, permit
portions of the Premises to be used by the Tenant’s Service
Providers. With respect to any assignment or sublease requiring the
Landlord’s consent, the Tenant will prepare and provide to the
Landlord an assignment of lease or sublease, as the case may be,
on the Tenant’s standard form, duly executed by the assignee or
subtenant, as the case may be.
(D) Notwithstanding anything herein contained, the Tenant shall have
the right upon any Transfer by way of sublease to direct all rent and
other sums payable by the Permitted Transferee under such
sublease to the Landlord rather than to the Tenant; provided,
however, that the Tenant shall continue to remain liable for all Base
Rent and other sums payable hereunder in respect of the Premises
which are demised under such sublease and, to the extent
necessary, shall pay to the Landlord any shortfall in such rent or
other sums in the event that the amounts paid by the Permitted
Transferee are less than the amounts required to be paid.
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Any consent by the Landlord to a Transfer shall not constitute a
waiver of the necessity for such consent to any subsequent
Transfer.”
(vi) Section 6.31, Further Assurances, shall be inserted as follows:
“Section 6.31
Further Assurances
The parties hereto shall execute and deliver all such other instruments and
take all such other actions as any party may reasonably request from time
to time in order to effect the terms and conditions of this Lease. The parties
shall cooperate with each other and their respective counsel and
accountants in connection with any actions to be taken as a part of their
respective obligations under this Lease.”
(vii) Section 6.32, Counterparts, shall be inserted as follows:
“Section 6.32
Counterparts
The parties agree that this Lease may be executed in counterparts, each of
which shall be deemed an original and all of which shall be construed
together as a single binding instrument. Such counterparts may be
delivered by facsimile or other electronic means, including by electronic mail
in portable document format (PDF). The electronic signature of any party
hereto shall constitute a valid and binding signature with the same effect as
an original signature endorsed hereon. Any party delivering an executed
counterpart of this Lease by facsimile or by electronic transmission shall, if
requested, also deliver an originally executed counterpart within seven (7)
days of the facsimile or electronic transmission. Failure to deliver an
originally executed copy shall not affect the validity, enforceability or binding
effect of this Lease.”
5. GENERAL
(a) The Landlord and the Tenant hereby mutually covenant and agree that during the
Fourth Extension Term they shall perform and observe all of the covenants,
provisos and obligations on their respective parts to be performed pursuant to the
terms of the Lease, as amended and extended hereby.
(b) Either party shall continue to have the right to cancel the Lease in accordance with
Section 6.30 of the Original Lease, with such date of cancellation to be effective at
any time, by giving the other party no less than twelve (12) months’ prior written
notice of cancellation.
(c) The Lease shall be binding upon and enure to the benefit of the parties and hereto
and their respective heirs, executors, administrators, successors and assigns,
subject to the express restrictions contained therein.
(d) Capitalized expressions used herein, unless separately defined herein, have the
same meaning as defined in the Lease, as amended and extended.
(e) The provisions of this Fourth Lease Extension and Amending Agreement shall be
interpreted and governed by the laws of the Province of Ontario.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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(f) The Landlord acknowledges that the Lease and any information contained herein,
may be required to be released pursuant to the provisions of the Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c.F.31 and the Open Data
Directive as amended. This acknowledgement shall not be construed as a waiver
of any right to object to the release of the Lease or of any information or
documents.
EXECUTED by each of the parties hereto under seal on the date written below.
SIGNED, SEALED AND DELIVERED Dated this 23rd day of November, 2020.
THE CORPORATION OF THE TOWN
OF TILLSONBURG
By: _____________________________
Name: STEPHEN MOLNAR
Title: MAYOR
Authorized Signing Officer
By: _____________________________
Name: MICHELLE SMIBERT
Title: CLERK
Authorized Signing Officer
Dated this ____ day of ____________,
20__.
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE MINISTER OF GOVERNMENT
AND CONSUMER SERVICES, AS
REPRESENTED BY ONTARIO
INFRASTRUCTURE AND LANDS
CORPORATION
By: _____________________________
Name:
Title:
Authorized Signing Officer
Page 244 of 245
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-108
A BY-LAW to confirm the proceedings of Council at its meeting held on the 23rd
day of November, 2020.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meeting held on November 23, 2020, with respect to every report, motion, by-law,
or other action passed and taken by the Council, including the exercise of natural
person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF NOVEMBER, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF NOVEMBER,
2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
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