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201214 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, December 14, 2020 4:00 PM Electronic Meeting 1.Call to Order 2.Closed Session (4:00 p.m.) Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider two personal matters about identifiable individuals, including Town employees, and a proposed or pending acquisition or disposition of land by the municipality or local board. 2.1.Adoption of Agenda 2.2.Adoption of Closed Session Council Minutes 2.3.Reports 2.3.1.239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.3.2.239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.3.3.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.4.Back to Open Session 3.Adoption of Agenda (6:00 p.m.) Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, December 14, 2020, with item 14.7.1 Staff Report RCP 20-38, 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 #3 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council meeting held on Monday, November 23, 2020, be approved. 7.Presentations 8.Public Meetings Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at ____ p.m. 8.1.Application for Minor Variance A13-20 (Zeller) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A13-20, submitted by Scott & Ann Zeller, for lands described as Lot 61, Plan 41M-218, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions, to increase the maximum permitted lot coverage from 33% to 35%, to facilitate the construction of a pool house / covered patio on the subject lands. Subject to the following conditions: i. That the relief shall only apply to the construction of a covered patio / pool house of an approximate scale and location as depicted on Plate 3 of Report CP 2020-345. Page 2 of 688 ii. The Owners shall obtain a building permit for the proposed covered patio / pool house within one year of the date of the Committee’s Decision. Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____ p.m. 9.Planning Reports 10.Delegations 10.1.Oxford County Warden Larry Martin Re: County Council Composition Larry Martin, Oxford County Warden Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation from Larry Martin, Oxford County Warden, as information. 10.2.Tillsonburg BIA Re: MOU with Town, Boundary Expansion Request, and 2021 BIA Budget Request Mark Renaud, Executive Director, Tillsonburg BIA Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT ... (Staff is looking for Council direction regarding the 2021 BIA budget request and how to proceed with the request for the boundary expansion). 11.Deputation(s) on Committee Reports 11.1.CLK 20-46 Accessibility Advisory Committee Recommendation Cindy Allen, Chair of Accessibility Advisory Committee Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives the recommendation from the Accessibility Advisory Page 3 of 688 Committee, as information; AND THAT Council direct staff to take additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather by ensuring all boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. 11.2.DCS 20-29 Economic Development Advisory Committee Recommendation Jesse Goossens, Chair of Economic Development Advisory Committee Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report DCS 20-29 Economic Development Advisory Committee Recommendation Regarding Listing of Town Property; AND THAT the Town’s industrial lands be listed through a real estate firm secured through a public process in accordance with the Town’s Purchasing Policy. 12.COVID-19 13.Information Items 13.1.Municipality of Bayham Re: Notice of Public Meeting Official Plan Amendment 13.2.Thames Valley District School Board Re: Rural Education Task Force Update and Survey 13.3.Long Point Region Conservation Authority 2021 Meeting Schedule 13.4.Strategy Corp Re: County of Oxford Service Delivery Review Consultation 13.5.Oxford County Staff Report PW 2020-58 Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives the Notice of Public Meeting from the Municipality of Bayham dated November 23, 2020, the correspondence from the Thames Valley District School Board dated November 23, 2020, Long Point Region Conservation Authority 2021 Meeting Schedule, and the correspondence from Strategy Corp regarding the County of Oxford service delivery review consultation, and Oxford County Staff Report PW 2020-58, as information. 14.Staff Reports Page 4 of 688 14.1.Chief Administrative Officer 14.2.Clerk's Office 14.2.1.CLK 20-44 Committee Appointments Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 20-44 Committee Appointment; AND THAT a By-Law to amend By-Law 4247 Schedule A, be brought forward for Council’s consideration. 14.2.2.CLK 20-45 Police Services Board Citizen Appointment Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives report CLK 20-45 Police Services Board Citizen Appointment; AND THAT Larry Scanlan be appointed to the Police Service Board for the remainder of the Council term ending November 14, 2022. 14.3.Development and Communication Services 14.3.1.DCS 20-30 Offers to Purchase - Rokeby Road Properties Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives report DCS 20-30 Offers to Purchase Rokeby Road Properties; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 54 acres of land on the North side of Rokeby Road, described at Lot 1641, Plan 500, Mid Con 4, NTR, Pt Lot 10; and more particularly, Parts 1 & 2, Plan 41R-8386; and, AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 11 Acres of land west of, and contiguous to the Rokeby Road parcel, Lot 1640 Plan 500, Tillsonburg; Part 5, Plan 44 OXRB; and Part Lot 8, Page 5 of 688 Concession 4 North of Talbot Road. 14.3.2.DCS 20-31 Offer to Purchase - 41 Clear Valley Drive Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives report DCS 20-31 Offer to Purchase 41 Clear Valley Drive; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Christian Devlin for the property described as part of Block D, Plan M-53. 14.3.3.DCS 20-32 Surplus Land Declaration - Walkway between Woodland Crescent and Trillium Drive Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receive report DCS 20-32 Surplus Land Declaration Walkway between Woodland Crescent and Trillium Drive; AND THAT the walkway property, described as Block 88, Plan 41M-139, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy including suitable notification to the public. 14.4.Finance 14.4.1.FIN 20-42 2021 Rates and Fees Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 20-42 2021 Rates and Fees; AND THAT a By-Law to provide a schedule of fees for certain municipal applications, services, and permits be brought forward for Council’s consideration. 14.4.2.FIN 20-43 County Water and Wastewater Billing Agreement Proposed Resolution #18 Moved By: ________________ Page 6 of 688 Seconded By: ________________ THAT Council receives report FIN 20-43 2021 County Water and Wastewater Billing Agreement; AND THAT Council authorize the signing of the Master Service Agreement between the Town of Tillsonburg and the County of Oxford; AND THAT a By-Law to authorize a new agreement between the Town of Tillsonburg and the County of Oxford for water and wastewater billing, and to repeal By-Law 3976, be brought forward for Council’s consideration. 14.5.Fire and Emergency Services 14.6.Operations 14.7.Recreation, Culture & Park Services 14.7.1.RCP 20-38 Tillsonburg BIA - 2021 Memorandum of Understanding Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives report RCP 20-38 Tillsonburg BIA 2021 Memorandum of Understanding, as information; AND THAT Council approve the proposed 2021 BIA Memorandum of Understanding (MOU) as outlined within this report; AND THAT an amount of $50,645.00 be included in the 2021 Recreation, Culture and Parks Operating Budget to provide the necessary funding as outlined in the MOU for 2021; AND THAT the Mayor and Clerk be authorized to sign the Agreement on behalf of the Corporation. 14.7.2.RCP 20-41 COVID-19 Resilience Infrastructure Grant– Local Government Intake Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Report RCP 20-41 COVID-19 Resilience Infrastructure Grant Local Government Intake be received as information; AND THAT Council endorses the projects identified within the report and directs staff to make application. Page 7 of 688 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives the Physician Recruitment and Retention Committee minutes dated November 3, 2020, the Memorial Park Revitalization Advisory Committee minutes dated November 18, 2020, the Tillsonburg Transit Advisory Committee minutes dated November 17, 2020 and the Economic Development Advisory Committee minutes dated November 10, 2020, as information. 16.2.Business Improvement Area Board Minutes Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT Council receives the Business Improvement Area Board Meeting Minutes dated October 22, 2020, as information. 16.3.Long Point Region Conservation Authority Minutes Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Minutes dated November 4, 2020, the Long Point Region Conservation Authority Budget Minutes dated November 12, and the Long Point Region Source Protection Authority Minutes dated June 3, 2020, as information. 16.4.Tillsonburg Police Services Board Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT Council receives the Police Services Board minutes dated October 21, 2020, as information. 17.Motions/Notice of Motions Proposed Resolution # Page 8 of 688 Moved By: Councillor Parker Seconded By: ________________ THAT staff be directed to report on safety measures that can be put in place for the Bidwell/Ridout Intersection and that the report be done in consultation with the Police Services Board for completion by the end of Q2 2021. Proposed Resolution # Moved By: Councillor Rosehart Seconded By: ________________ In order to ensure that the Town has adequate commercial space in the downtown, staff are asked to proceed with a general planning application to prevent the conversion of commercial space on Broadway to residential on the ground floor. 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-13) 19.2.A By-Law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-15) 19.3.A By-Law to Amend Schedule A of By-Law 4247 (Committee Appointments) 19.4.A By-Law to authorize an agreement of purchase and sale with Armtec Inc. 19.5.A By-Law to authorize an agreement of purchase and sale with Armtec Inc. 19.6.A By-Law to authorize an agreement of purchase and sale with Christian Devlin 19.7.A By-Law to authorize an agreement with the County of Oxford for water and wastewater billing and to repeal By-Law 3976 Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT A By-Law, to amend Zoning By-Law Number 3295, as amended (ZN 7-20- 13); and A By-Law, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-15); and A By-Law to Amend Schedule A of By-Law 4247 (Committee Appointments); and A By-Law to authorize an agreement of purchase and sale with Armtec Inc.; and A By-Law to authorize an agreement of purchase and sale with Armtec Inc.; and Page 9 of 688 A By-Law to authorize an agreement of purchase and sale with Christian Devlin; and A By-Law to authorize an agreement with the County of Oxford for water and wastewater billing and to repeal By-Law 3976, 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. 19.8.A By-Law to provide a schedule of fees for certain municipal applications, services and permits Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT A By-Law to provide a schedule of fees for certain municipal applications, services and permits be read for a first and second time. 20.Confirm Proceedings By-law Proposed Resolution #27 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-115, to Confirm the Proceedings of the Council meeting held on December 14, 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. 21.Items of Public Interest 22.Adjournment Proposed Resolution #28 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of Monday, December 14, 2020 be adjourned at ____ p.m. Page 10 of 688 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, November 23, 2020 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: 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 Regrets: Kyle Pratt, Chief Administrative Officer _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Page 11 of 688 2 Resolution # 2020-516 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2020-517 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 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. Carried 7. Presentations 7.1 Cloudpermit Peter Rotenberg provided an overview of the Cloudpermit software. Opportunity was provided for comments and questions from Council. Item 15.3.1. was considered next. Resolution # 2020-518 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the presentation regarding Cloudpermit, as information; Page 12 of 688 3 AND THAT the information from the presentation be forwarded to consideration of Staff Report DCS 20-25. Carried 8. Public Meetings 9. Planning Reports 10. Delegations 10.1 Edwin and Maureen McLaughlin Re: Staff Report DCS 20-28 Edwin and Maureen McLaughlin, interested purchasers of lands at 1101 Highway 3, provided an overview of the proposed use of the lands. The intention is to create a venue for small corporate events, including meetings and weddings of 100 people or less, with overnight accommodations. Opportunity was provided for comments and questions from Council. The delegates indicated the project would be completed in approximately two years' time subject to approved rezoning of the property. Item 15.3.2 was considered next. Resolution # 2020-519 Moved By: Councillor Parker Seconded By: Councillor Esseltine 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. Carried 11. Deputation(s) on Committee Reports 12. COVID-19 Effective today, Monday, November 23, 2020 at 12:01 a.m. Southwestern Public Health region has moved to the Orange-Restrict tier. Page 13 of 688 4 Staff provided an updated regarding operations at the Tillsonburg Community Centre. Staff confirmed that all doors within the facility can be used as exits in the event of an emergency. 13. Information Items 13.1 Long Point Region Conservation Authority Re: 2021 Draft Budget 13.2 Tillsonburg Fairboard Re: Proposed projects Staff to confirm if the Fairboard requires any direction from Council regarding the proposed advertisement project. Resolution # 2020-520 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres 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. Carried 14. Quarterly Reports 14.1 FIN 20-38 2020 Third Quarter Consolidated Financial Results Opportunity was provided for comments and questions from Council. Staff noted that the Town will not likely receive funding from the COVID phase 2 funding stream due to the surplus. Resolution # 2020-521 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives report FIN 20-38 2020 Third Quarter Consolidated Financial Results, as information. Carried 14.2 FIN 20-39 2020 Third Quarter Corporate Services Results 14.3 DCS 20-27 Third Quarter Economic Development and Marketing Results Page 14 of 688 5 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 Opportunity was provided for comments and questions from Council. Staff noted that if a complaint is made against a resident for leaving their garbage out staff connect with the resident to inform them of the correct process. The CBO noted it can be challenging to identify who is responsible for garbage dumping. Staff noted that outstanding fire prevention inspections are being addressed and that the annual target is 50 inspections. There was discussion regarding the traffic signal control system project that is currently on hold with no allocated funding. Staff to confirm if Bloomer Street repair was related to problems recently experienced at Bloomer and Simcoe Staff confirmed there is no status update regarding the ICIP grant application. Staff have assessed the Tillsonburg Community Centre as a result of noise complaints and have determined all systems on the property are functioning properly. Staff will try to identify the source of the noise. Staff noted that an MOU with the Tillsonburg BIA will be brought forward for consideration on December 14. Resolution # 2020-522 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the 2020 Third Quarter Department Results, as information. Carried 15. Staff Reports 15.1 Chief Administrative Officer Page 15 of 688 6 15.2 Clerk's Office 15.2.1 CLK 20-40 Legal Services RFP Staff noted that billable hours includes travel time and that most work is done via electronic communication. Section 3 of the agreement to be amended to remove reference to Human Resources/Employment Law. Resolution # 2020-523 Moved By: Councillor Parker Seconded By: Councillor Esseltine 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. Carried 15.2.2 CLK 20-41 Committee of Adjustment Resolution # 2020-524 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried 15.2.3 CLK 20-42 2021 Council Meeting Calendar Resolution # 2020-525 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report CLK 20-42 2021 Council Meeting Calendar; Page 16 of 688 7 AND THAT the following regular Council meetings be re-scheduled for 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. 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. Carried 15.2.4 CLK 20-43 BIA Boundary Expansion BIA Executive Director will be providing additional information that will be brought forward for Council's consideration. Resolution # 2020-526 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT this update on the BIA expansion request be received for information. Page 17 of 688 8 Carried 15.3 Development and Communication Services 15.3.1 DCS 20-25 Cloudpermit E-Permitting Portal Geno Vanhaelewyn, Chief Building Official, was present to answer questions. Opportunity was provided for comments and questions from Council. Staff confirmed that the $20,000 is an annual fee based on usage. Staff noted that the Town will work in partnership with Cloudpermit to inform and educate the public. Item 10.1. was considered next. Resolution # 2020-527 Moved By: Councillor Esseltine Seconded By: Councillor Parker 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. Carried 15.3.2 DCS 20-28 Offer to Purchase 1101 Highway 3 Cephas Panschow, Development Commissioner, was present to answer questions. Opportunity was provided for comments and questions from Council. Page 18 of 688 9 Staff noted that the reasoning for not pursuing a zone change prior to the sale was based on the risks associated to maintaining the house on the subject property. Staff confirmed that the Town would retain the option to utilize the land for public trails but does not require that the Town develop public trails in the future. Item 13 was considered next. Resolution # 2020-528 Moved By: Councillor Parker Seconded By: Councillor Luciani 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. Carried 15.4 Finance 15.4.1 FIN 20-40 Q3 2020 Covid-19 Financial Impact and Year-End Forecast Staff confirmed that Council could implement tax deferrals again in the future if desired. Resolution # 2020-529 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report FIN 20-40 Q3 2020 COVID-19 Financial Impact & Projected Year-End Forecast as information. Page 19 of 688 10 Carried 15.4.2 FIN 20-41 Renewal of lease for 90 Concession St. E Staff to confirm that there are no associated incremental costs. Resolution # 2020-530 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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. Carried 15.5 Fire and Emergency Services 15.6 Operations 15.6.1 OPS 20-35 Waste Management Contract Dan Locke, Manager of Public Works, was present to answer questions. Staff confirmed that the fees identified in Schedule A of the agreement are monies paid by the County to Tillsonburg. Staff will identify estimated cost to Town related to large item pickup. There was discussion regarding the timing in which an agreement needs to be signed. Staff noted that there are no implications to not approving the agreement today. Resolution # 2020-531 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives report OPS 20-35 Waste Management Contract renewal as information; Page 20 of 688 11 AND THAT the information contained therein be forwarded to the 2021 Business Plan and Budget process for consideration. Carried 15.7 Recreation, Culture & Park Services 15.7.1 RCP 20-39 July to September RCP Activity Report Staff noted that the Perfectmind software will allow for online registrations which will enhance customer service. Staff to determine associate charge for family tree searches by Museum. Resolution # 2020-532 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives report RCP 20-39, July to September 2020 Activity Reports, for information. Carried 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes It was asked what information will be available for review when public engagement for the Town Hall project begins. Resolution # 2020-533 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani 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. Carried Page 21 of 688 12 17.2 LPRCA Board Minutes Resolution # 2020-534 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Long Point Region Conservation Authority minutes dated October 7, 2020, as information. Carried 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 Withdrawn. 20.2 By-Law 2020-109, to appoint a Committee of Adjustment 20.3 By-Law 2020-110, to authorize an agreement for legal services 20.4 By-Law 2020-111, to authorize an agreement of purchase and sale with Edwin McLaughlin and Maureen McLaughlin (1101 Highway 3) 20.5 By-Law 2020-112, to authorize a lease extension and amending agreement Resolution # 2020-535 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2020-109, to appoint a Committee of Adjustment; and By-Law 2020-110, to authorize an agreement for legal services; and By-Law 2020-111, to authorize an agreement of purchase and sale with Edwin McLaughlin and Maureen McLaughlin (1101 Highway 3); and By-Law 2020-112, 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. Page 22 of 688 13 Carried 21. Confirm Proceedings By-law Resolution # 2020-536 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy 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. Carried 22. Items of Public Interest Tillsonburg BIA Annual General Meeting is scheduled for Thursday, December 26, 2020 via video conference. The Helping Hand Food Bank in Tillsonburg is introducing a new 12 Days of Giving food drive in December. Food donations can be dropped off in the alley behind the food bank (55 Broadway) on December 12 and December 19 from 9:00 a.m. to 3:00 p.m. Upcoming Council Budget meetings include: • Monday, November 30, 2020 at 4:00 p.m. • Monday, December 7, 2020 at 9:00 a.m. • Tuesday, December 8, 2020 at 9:00 a.m. • Thursday, December 10, 2020 at 9:00 a.m. The next regular scheduled Council meeting will be on December 14, 2020. 23. Adjournment Resolution # 2020-537 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, November 23, 2020 be adjourned at 8:18 p.m. Page 23 of 688 14 Carried Page 24 of 688 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A13-20 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: December 14, 2020 REPORT NUMBER: 2020-345 OWNER: Scott & Ann Zeller 11 Brookside Lane, Tillsonburg ON N4G 5W5 AGENT: Binder Built Group Limited P.O. Box 246, Courtland ON N0J 1E0 REQUESTED VARIANCE: 1. Relief from Section 6.2 - R1 Zone Provisions, to increase the maximum permitted lot coverage from 33% to 35%, to facilitate the construction of a pool house / covered patio on the subject lands. LOCATION: The subject property is described as Lot 61, Plan 41M-218, in the Town of Tillsonburg. The property is located on the south side of Brookside Lane, east of Lyndale Road, and is municipally known as 11 Brookside Lane. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Predominately low density residential uses, consisting of single detached dwellings. Page 25 of 688 File Number: A13-20 Report Number 2020-345 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above-noted section of the Town Zoning By-law to facilitate the construction of a pool house/covered patio to the rear of the existing dwelling. The proposed covered porch will have an area of 18.2 m2 (196 ft2). The subject property is approximately 651.2 m2 (7,009 ft2) in area, with frontage on Brookside Lane. The subject lands contain an existing single detached dwelling (circ. 2019). Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map provides an aerial view of the subject lands (as they existed in 2015). Plate 3, Applicants’ Sketch, shows the location, size and setbacks of the existing single detached dwelling and the proposed covered patio/pool house. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that if approved, the applicants will require an updated building location survey. The Town Engineering Services Department, Town Fire Chief and Oxford County Public Works Department indicated that they have no concerns with the application. (c) Public Consultation: Public Notice was provided to surrounding property owners on December 2, 2020 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, semi-detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and proposed covered patio and pool house is permitted in the Low Density Residential designation. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law, which permits a single detached dwelling and accessory uses. Page 26 of 688 File Number: A13-20 Report Number 2020-345 Page 3 The R1 Zone permits a maximum lot coverage of 33% for single detached dwellings and accessory buildings. The applicants have requested permission to increase the permitted lot coverage to 35%. The purpose of the maximum lot coverage provision is to ensure that the adequate space remains for amenity areas, landscaping, required building setbacks, and to ensure that the total impervious surface of the lot does not create negative impacts on municipal storm water management and drainage facilities. Planning staff consider the proposed relief to be in keeping with the Zoning By-Law as in this instance sufficient space will remain for amenity purposes, to accommodate any drainage swales, and for privacy purposes. Further, the proposed lot coverage will not be out of character with surrounding development in this area. For these reasons, Planning staff consider the relief to be in-keeping with the general intent of the Zoning By-Law. (f) Desirable Development/Use: It is the opinion of this Office that the applicants’ request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate amenity space, or negatively impact drainage or overall subdivision stormwater management design or municipal stormwater management infrastructure, the requested relief can be considered minor. Further, Staff are satisfied that the proposed relief will add covered outdoor amenity area to the residential dwelling and proposed pool on the subject lands without creating an undesirable precedent for similarly zoned lands in the area. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration, and in conclusion, staff are of the opinion that this proposal is minor in nature and satisfies the four tests for minor variance as set out in Section 45(1) of the Planning Act and can be supported from a Planning perspective. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A13-20, submitted by Scott & Ann Zeller, for lands described as Lot 61, Plan 41M-218, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions, to increase the maximum permitted lot coverage from 33% to 35%, to facilitate the construction of a pool house / covered patio on the subject lands. Subject to the following conditions: i. That the relief shall only apply to the construction of a covered patio / pool house of an approximate scale and location as depicted on Plate 3 of Report CP 2020-345. ii. The Owners shall obtain a building permit for the proposed covered patio / pool house within one year of the date of the Committee’s Decision. Page 27 of 688 File Number: A13-20 Report Number 2020-345 Page 4 As the proposed variance is: (i) deemed to be a minor variance from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: Gordon K. Hough, RPP Director Page 28 of 688 November 12, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A13/20 - Scott & Anna Zeller Lot 61, Plan 41M-218 - 11 Brookside Lane, Tillsonburg Subject Property Lyndale Road Brookside Lane Belmont Avenue Quarter Town Line Page 29 of 688 November 12, 2020 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Property Plate 2: 2015 Aerial Map File No: A13/20 - Scott & Anna Zeller Lot 61, Plan 41M-218 - 11 Brookside Lane, Tillsonburg Page 30 of 688 \ SKETCH MODIFIED BY CJDL FOR POOL PLAN PREPARED FOR BUILDING PERMIT APPL/CA 770N FOR: SCOTT & ANN ZELLER BROOKSIDE SUBDIVISION KNOWN MUNICIPALLY AS# 11 BROOKSIDE LANE 10 SCALE 1: 200 15 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN ETRES AND CAN BE CONVERTED TO FEET B Y DIV1D ING BY 0 . D48 PROPERTY DESCRIPTION : LOT 61 REGISTERED PLAN 41M-218 TOWN OF TILLSONBURG COUNTY OF OXFORD 1/ S\D( ~0 0"' B ,,1.7"' \ ~ c::: 0 z \ 1 APPROVED BY CJDL COv;;;;;NSULTING ENGINEERS fU ----- NAME SIGNATURE DATE B~g:Q... ~~~ -1~ l_o20 1q0Gz-r,,/ Pco/ }t {!.Bit 5'sO 't-NOTES -AREA OF LOT = 652.1 SQUARE METRES -AREA OF DWELLI NG , GARAGE , AND PORCH = 2D4.3 SQUARE METR ES DWE LLING COVERAGE = 31.3 3 -ADD 2D0.00m TO ELEVATIONS SHOWN HERON TO OBTAIN GEODETIC DATUM -T.F.W. DENOTES TOP OF FOUNDATION WALL -U.S.F. DENOTES UNDER SIDE OF FOOTING -<ill§) DENO TE S PROPOSED FINISH ED GRADE -47.55 DENOTES APPROX . EXISTING FINISHED GRAD E -P /L DENOTES PROP ERTY LINE THE REPRODUCTION, AL TERA TION , OR USE OF TH IS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYlNG · L TO. rs STRICTL y PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TILLSONBURG, ONTARIO, N4G 3J8 PHONE : 519-842-3638 FAX: 519-842-3639 PROJECT: 19-15209 REFERENCE: FILE \ Plate 3: Applicants' Sketch File No: A13/20 - Scott & Anna Zeller Lot 61, Plan 41M-218 - 11 Brookside Lane, Tillsonburg Page 31 of 688 / FORM 1 Building, By-Law & PLANNING ACT, 1990 D (' .... •, . APPLICATION FOR MINOR VARIANCE OR '1 ~F-I"~ Planning Servi ces nue ON 5A7 10 lisgar Ave Town of Tillson burg Committee of Adjustment J=%\:!ILDING 0 -· Tillson burg $950 .00 ($1,900.00 -See Note 1 -Pc: ge 4) N4G wnv o 9 zozo I For Office Use Only I PIN#: -I ROLL#: -BY: I FILE: -- The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the Planning Act. 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent (if S' "~ Z.c.tw-B:~~·,l\~ t-.J-.J... I l '6~1cs-I N Q'f'M P. {). a • .,.. d'ft-LeJ~+tA-a\ I --b Telephone Number: Postal Code: Telephone Number: Postal Code: J) 'tl.:r s-w s-I s•~ -t-1r-o+i 7 µo'1 /€\:> f1. '1 ,. fo'i"S"-,. ({ ' Email: "\\-\W 4t'J~ E?-• \ 5 c.b • ? I!. -~ -~ """"" , (..() ""' Email: , ~b-~~~ l.: . _-e,_ --~ L't~ _U)_._c_g._ • -J 1. Name and addresses of any mortgagees, holders of charges or other encumbrances: 2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known) I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? r4 Lo~d--u '"'"'~ o t-~ c;al~v ... "-'c>e J o v<./ L f-~,. 4. Legal Description of Subject land : Lot Number(s) _ ____;(p_C..__ _________ Plan Number or Concession _ .... t ..... f ..... M __ --=a._l r;;....._. __ Part Number(s) ____________ Reference Plan Number _________ _ Street Address (if any) l \ ere0k.'1tc:l.o ~ .. The lot is located on the ~ ~ side of the Street lying between_A~~-------Street and {;A, ,,..,..;..,.L:e.. Street l ~V\tlA~ I I A13-20 Page 32 of 688 5. Dimensions of land affected: Frontage C) .:1 V'Y\ Depth (average) ___ '3"-<.:>=-::;..:. ....... 8="'----'f------~--- Area (o)Ol · \ Width of Street----------------- 6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gorss floor area, number of storeys, width, length, he·1ght, etc.) Existing: _________________________________ _ Proposed: _________________________________ _ 7. Location of all buildings and structures on or proposed for the subject land: (specify distance form side, rear and front lot lines.) Please attach a sketch plan with measurements. Existing: _________________________________ _ Proposed: _________________________________ _ 8. Date of acquisition of subject land: __ _.O ........ c.._&-_ .... !J-o'---_\_'\ __ . ____________ _ 9. Date of Construction of all buildings and structures on subject land (if known}: _ _,/...l'-=-v"-~--=--__,_\ _1,_..h__,,_l'-Cz_,__·_ l 0. Existing uses of the subject property __ ~~_Y'-L ____________________ _ 11. Existing uses of abutting properties: ___ h..,~_~ __ )_, __________________ _ 12. Length of time the existing uses of the subject property have continued: OW?O~. 13. Municipal Services available (please check all appropriate boxes) [;1'" water C3Connected BSanitary Sewers G3'Connected G}storm Sewers Single detached dwelling- 204.3 sq m Covered Patio/ pool shed- 18.2 sq m See attached sketch See attached sketch Page 33 of 688 14. Present Official Plan Provisions applying to the land: ------------------ 15. Present Zoning by-Law provisions applying to the land: : ----------------- 16. Has the owner previously applied for relief in respect of the subject property? D Yes Q--No If tile answer is yes, describe briefly _______________________ _ 17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act, 1990? D Yes ~o THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS \/We_~-'-=--· ----'p_\>_1;v_/J._"c::_-1Z __ . ______ of the ./ ./.ti I () iNfl of I 1 ~oi1 bvrJ In the __ (""""o_1J _r1 -'--~ y ___ of_-"-0 ....... & ~..._d('_"..:..----- DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the information contained in the documents that may accompany this application is true and I make the solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. DECLARED before me at the _,;_()"""IN._Q...__ _____ _ or 'LI S o~h~rJ in the This __ 9 _~ 11 __ day of __ N_0_-~M1_b~t_r ____ J.._O J.._O __ JANET PATRICIA WEAVER a Commi11osloner, etc., Province of Ontario ror lhe Corporation of the Town of Tlllsonburg. • ~J:P . ~ ~ Expires: Apnl 22. 2023. u A Commissioner for Taking affidavits For Office use Only Owner(s)fApplicant Owner(s)/Applicant Low Density Residential R1 Page 34 of 688 AUTHORIZATION NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application. the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Autho!ion of Owner(s) for AppllcantlAgent to Make the Application I/We, L C-c;1~2.ft:~z.. Je. am/are Jtie owner(s) of the land that is the subject of this application for site plan and I/we authorize _j p,/= l::£.W t!Je(_, to make this application on my/our behalf. Signature of Owner(s) Signature of Owner(s) ~ti /vs~ Notes: 1. It is required that one original copy of this application and all drawings be filed at the Town's Customer Service Centre, accompanied by a fee of $950 in cash or cheque made payable to the Town of Tillsonburg. A fee of $1,900 will be charged if an application is required after the fact. Page 35 of 688 \ SKETCH MODIFIED BY CJDL FOR POOL PLAN PREPARED FOR BUILDING PERMIT APPL/CA 770N FOR: SCOTT & ANN ZELLER BROOKSIDE SUBDIVISION KNOWN MUNICIPALLY AS# 11 BROOKSIDE LANE 10 SCALE 1: 200 15 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN ETRES AND CAN BE CONVERTED TO FEET B Y DIV1D ING BY 0 . D48 PROPERTY DESCRIPTION : LOT 61 REGISTERED PLAN 41M-218 TOWN OF TILLSONBURG COUNTY OF OXFORD 1/ S\D( ~0 0"' B ,,1.7"' \ ~ c::: 0 z \ 1 APPROVED BY CJDL COv;;;;;NSULTING ENGINEERS fU ----- NAME SIGNATURE DATE B~g:Q... ~~~ -1~ l_o20 1q0Gz-r,,/ Pco/ }t {!.Bit 5'sO 't-NOTES -AREA OF LOT = 652.1 SQUARE METRES -AREA OF DWELLI NG , GARAGE , AND PORCH = 2D4.3 SQUARE METR ES DWE LLING COVERAGE = 31.3 3 -ADD 2D0.00m TO ELEVATIONS SHOWN HERON TO OBTAIN GEODETIC DATUM -T.F.W. DENOTES TOP OF FOUNDATION WALL -U.S.F. DENOTES UNDER SIDE OF FOOTING -<ill§) DENO TE S PROPOSED FINISH ED GRADE -47.55 DENOTES APPROX . EXISTING FINISHED GRAD E -P /L DENOTES PROP ERTY LINE THE REPRODUCTION, AL TERA TION , OR USE OF TH IS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYlNG · L TO. rs STRICTL y PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TILLSONBURG, ONTARIO, N4G 3J8 PHONE : 519-842-3638 FAX: 519-842-3639 PROJECT: 19-15209 REFERENCE: FILE \ Page 36 of 688 ,r--------14'-0" _____ ___J 'fl.. "S\"-><.X-v~ \-o ~ °'"<Jr.vf'_J.. eJ''f L , l\: {'('\ D . 0 · ·vJ ~ '&. \ 1 ,J"" I/ bo\.\-s. Yi 1'M _w rR~E:-::C:::":E~1v_E_D_~,!t • {\. \.o~ I. ~ .< B UILDI NG DEPT. f ~~Jt-</"'' ~ l~h~fJI• ,v..r A"< AUG 2 0 2020 BY:_ Page 37 of 688 Page 38 of 688 First Name * Oxford County Warden Last Name * Larry Martin Street Address * 21 Reeve Street PO Box 1614 Town/City * Woodstock Postal Code * N4S 7Y3 Phone Number * 519-539-9800 E-mail * csenior@oxfordcounty.ca Subject * County Composition and Election of Warden Name of Group or Person(s) being represented (if applicable) Chloe Senior All Delegations are limited to fifteen (15) minutes, including questions and answers. * I acknowledge Details of the nature of the business/purpose: * Warden Martin will be delegating to all of Oxford County's area municipalities regarding County Council composition and the election of the Warden. He would like to delegate before Tillsonburg Town Council on Monday, December 14th. Please advise of confirmation and if you have any questions / concerns. Do you or any members of your party require accessibility accommodations? * Yes No Page 39 of 688 Will there be a Power Point presentation? * Yes No I acknowledge that all presentation material must be submitted to the Office of the Clerk by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 40 of 688 Upon receipt and approval of a Delegation, full details on the process will be sent to all presenters. If you have any questions please contact the Office of the Clerk at: clerks@tillsonburg.ca or 519-688-3009 ext. 4041 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 41 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 1 of 19 Board of Management Report – CL12-01 To: Michelle Smibert, Clerk – Town of Tillsonburg From: Mark Renaud, Executive Director – Tillsonburg BIA Date: December 1st, 2020 Subject: Proposed BIA expansion report and analysis __________________________________________________________________ The BIA Board of Management and general membership have approved a proposed plan to expand the current boundaries of the Tillsonburg Business Improvement area. This report highlights the need and outcomes required with the reports and documentation to support the assumptions. The BIA understands that there is a prescribed process which is clearly articulated under the Ontario Municipal Act and we will follow these guidelines to a tee. Discussion: Since its creation in 1978, the BIA has had only minor changes to the boundaries from the zone/map that was originally created. The BIA was formed in anticipation of the construction of the Tillsonburg Town Centre Mall development which at the time was the result of competing proposals for another mall which subsequently was built in the neighbouring County of Norfolk. The decision by Municipal Council to protect and enhance the downtown Central Business District, (CBD), is consequential as to the successes and the function and efficacy of the existing BIA area. That was true in 1978-1980 with the construction of the Tillsonburg Town Centre Mall, in 2003 for the Canadian Tire construction, to the present day in the Central Business District. All studies completed in the past 20 years or so reference the CBD as the primary retail node for the town and tri-county areas. This still holds true today and will be discussed in a great level of detail referencing these reports. Page 42 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 2 of 19 The population of Tillsonburg at the time of the BIA creation By-law #2013 was 10,487 (statcan.gc.ca – 1981 Census). The town population is estimated as 18,005 as of October 1st, 2020 (statcan.gc.ca, Town of Tillsonburg building permit data). The town’s population has increased by 71.7% during the past 42 years with minor adjustments made to the boundary at Venison Street to accommodate the new Canadian Tire store which was opened in 2003. Bridge Street was re-aligned to help achieve the land parcel necessary to create the parking areas and store footprint. There are many ravines in the town and the geographical limitations also play an important factor in the continued development of the downtown area. These limitations preclude significant expansion either west or south. The pragmatic approach is to grow north and predominantly east of the existing boundaries. Downtown/Central Business District is built out: The existing downtown area is largely built-out with low vacancy rates throughout the core area. The BIA ED has had meetings with a number of parties including Strathallen (owner of the Tillsonburg Town Centre Mall) about perspective tenants who wish to locate in the Tillsonburg market area. This includes 2 parties that operate retail box-like stores in the range of 14,000 – 20,000 square feet. These stores would like to locate proximate to or at the existing Tillsonburg Town Centre Mall campus area. To accommodate current demand and future needs; the downtown area needs to expand the physical footprint to address these current needs as well as to properly plan for all future growth. Page 43 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 3 of 19 There will be a discussion about low vacancy rates in the Central Business District further on in this report. Downtown design best practices: A thorough review of best practices for urban design illustrates the clear preference for the square shaped downtown zone/Central Business District for many reasons. The first is for the ease of pedestrian movement. The BIA zone expansion encompasses a 1.0 km radius from the existing Town Centre Mall as a rough outline. It is not practical for the zone to be uniform in shape given the geographic challenges of the ravines as well as the as-built conditions. This planning context was adopted for refinement of the mapping of where it would make sense for pedestrian and vehicular movements. The details of which will also be discussed. The map also reflects joining the existing retail nodes in the central part of town by creating the “adhesion of interest” between the existing CBD & TILL-CON retail nodes. This is also discussed in the Central Area Design Study. Linear downtown nodes create a problem and challenge known as fragmentation. The best example of this in the local Ontario context is the City of St. Thomas as contained in the image below and also the City of Woodstock: Page 44 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 4 of 19 St. Thomas has a very fragmented and unfriendly downtown area that is comprised of a very long and narrow swath which is a distance of 2.2 kilometres long by 0.1 kilometres wide. This large area is comprised of disconnected retail, restaurant, services and public spaces. This has led to a dysfunctional, as-built downtown area complicated by the abandoned railway line and poor municipal planning. Unfettered retail development outside of the downtown core has led to a morass of problems which is likely irreversible without a large cost to the taxpayer. The lesson here is that you cannot park you car in one spot and shop downtown without walking for hours. The best practice for downtown development and growth is a box-style as is currently the case with Tillsonburg although there are some limitations which will be discussed further in this report due to the topography. Some examples of the box-shape urban area are contained in the image below from a new Riverfront redevelopment in a neighbourhood in Pittsburgh, Pennsylvania. This design and plan has relevancy to the shape and design that can be incorporated into our planned BIA boundary/zone expansion. It is critical to the exercise to determine what constitutes the best shape and workability for an extension or enlargement of the BIA zone. To this end, a great deal of time and analysis has been undertaken to carefully craft a map and zone that reflects the curren t realities and geopolitical influences that are shaping the growth of the town. The BIA team continues to research and learn from the examples that are set before us from jurisdictions across North America. These examples are the most relevant given the context and similarity of the retail landscape in our downtowns. One note of exception is that Tillsonburg is the only municipality in North America where virtually all of the big-box retail stores are located in the CBD most notably the Walmart Supercentre. This is very important in the analysis of the current situation as was the case that was made to keep the new Canadian Tire store in the CBD. The image contained directly below, outlines the planning and development of a restructured neighbourhood in one specific area of Pittsburgh, Pennsylvania. You will note the shape and design which as been identified as a best practice for urban development. Our expansion initiative follows these exact same parameters. Page 45 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 5 of 19 The intent of the proposed Tillsonburg BIA boundary expansion is to create a concept and vision for growth which respects the as-built condition, provide for greening of the community, meets the requirements of Official Plan and one which fosters positive human development and environment for the short and mid-terms. Downtown vacancy rate: The following table outlines the vacancy rates for the existing BIA area broken down into seven (7) specific geographic areas. Three of the seven categories reflect specifics to the Tillsonburg Town Centre Mall properties known municipally as 170, 200 and 248 Broadway. Vacancy rates are at historic lows. Absorption rates are very high meaning that vacant or empty spaces do not sit for very long periods of time. This pattern has accelerated during 2020 as of late. The BIA team has presented these statistics to the BIA Board of Management and are contained in the minutes for the meetings held in 2020. It is important to review vacancy rates over a longer period of time to glean trends and impacts. Trends do not however account for demographic and population changes when they are of the magnitude Page 46 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 6 of 19 Location downtown/BIA zone: 2018 2019 2020 YTD 2021 Forecast Town Centre Mall – Interior retail 0% 0% 0.86% 0% Town Centre Mall – Exterior retail 33.1% 33.1% 21.4% 0%* Town Centre Mall – office upper level 40.9% 9.7% 9.7% 9.7% Broadway street level retail 0.6% 0.4% 0.9% 0% Broadway upper level residential 1% 0% 0% 0% Downtown West (off Broadway) 0.9% 0.6% 0.3% 0% Downtown East (off Broadway) 0.2% 0.2% 0.4% 0% *Tentative leases in final negotiations with two national chains pending engineering and cost analysis of restaurant hood installation/feasibility. List of available downtown Broadway retails spaces with approximately square footages as of November 30th, 2020: 69 Broadway – vacant unit between Needful Things and Tillsonburg Beer & Wine Studio 86 Broadway – 4,000 sq. ft. (former OMAC Mortgage/Century 21) 16 London Street East – 650 sq. ft. (unknown – building is in poor condition) 16 Oxford Street – 1,050 sq. ft. - former “Styles on the Go” salon 33 Oxford Street – former used car lot (between Cardinal Muffler & Millards) 21 Ridout Street West – 400 sq. ft. – former barber shop 110 Broadway – 1,100 sq. ft. – former hearing store/chocolate store (under renovation) 200 Broadway – (mall, exterior) Unit A1006 – 2,431 sq. ft. (lease pending) 200 Broadway – (mall, exterior) Unit A1009 – 1,005 sq. ft. (lease pending) 200 Broadway – (mall, upper) Unit A2202 – 369 sq. ft. 200 Broadway – (mall, upper) Unit A2203 – 347 sq. ft. 200 Broadway – (mall, upper) Unit A2207 – 1,099 sq. ft. The analysis of the existing inventory of vacant space is indicative of a shortage of space for specialty retail including big-box, hotel, full-service restaurant or for specialty services. Of special note; the vacancy rates in the Town Centre Mall also reflects higher than market rents for net/net/net leases which has driven demand to other sites in the CBD. The BIA team is working proactively to address these inequities. Page 47 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 7 of 19 Tillsonburg District Memorial Hospital area (Rolph Street) TDMH is located just outside the north-east boundary of the BIA zone. The hospital is an important anchor for the town and downtown area. The importance of healthcare in our community cannot be understated. The hospital should be included in the zone given its impact in the downtown core and the linkages to retail and restaurant sectors. During the past number of years; the TDMH has been buying up and demolishing a number of houses along the Rolph Street corridor to create additional parking lots and potential to relocate some of the existing parking from across the street to accommodate future expansion and spin-off businesses including medical offices and services. This area has undergone significant change during the past number of years. This area is also home to two (2) long-term care homes which are also proximate to the downtown core area. Anecdotal evidence suggests many walking trips to and from the hospital to the downtown core area. Part of the strategic imperative of urban planning and development is to create walking trails and corridors linking high-use public institutions like hospitals with the Central Business District. Proposed boundary expansion rationale: There are studies and reports highlighting which design is most effective for the proper function of a downtown business district. The IDA, (International Downtow n Association); has conducted numerous studies indicating what shapes and layouts which are conducive to a well-functioning core area. The most effective and operational downtowns are in the shape of a box or rectangle encompassing those areas primarily which are walkable with proper connectivity to adjoining residential neighbourhoods. I have attached examples to this report. The BIA team has carefully analyzed the boundaries with an eye to ensure a balance between the request by businessowners and what makes practical sense. The gateway areas are clearly indicated in this report separately. It is important to include town-owned, heritage and tourism attractions as apart of this zone expansion initiative. These will be discussed in the body of this report. The baseline for determining the new boundary is largely predicated on research already conducted during the Central Area Design Study which remains relevant today. This will be discussed in a fair amount of detail throughout this report. Page 48 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 8 of 19 Creation of new gateway areas: The proposed BIA boundary expansion allows for the placement and beautification of new gateway areas on Central Broadway, Tillson Ave and Vienna Road near Simcoe Street. The busiest gateway to the downtown area is Simcoe Street from Vienna Road to Tillson Avenue. The Central Area Design Study contemplated the following as potential future gateway areas marked as the hashed circles on the map below: The BIA will largely follow this guidance with the exception of the proposed gateway location near the intersection of Vienna Road north and Simcoe Street. Synergize with existing town-owned/operated facilities: One of the outlined responsibilities for BIA’s under the Municipal Act is the promotion and beautification of town-owned facilities. The boundary expansion will allow for the addition of important town assets to be included for the purposes of promotion and beautification. Page 49 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 9 of 19 A key best practice is to link proximate tourism infrastructure within the BIA boundary. This proposal would see the Community Centre and Annandale House join the Corporate offices and Town Customer Service Centre as part of the BIA. This becomes important in the development of localized tourism during the continued pandemic. These town facilities would benefit directly from the BIA influences without any cost to the facilities. The BIA boundary expansion creates opportunity to link strategic town assets such as parks, trails, Lake Lisgar, Annandale National Historic Site and Tillsonburg Community Centre. All of these assets and locations are within the 1 kilometre walking radi us as illustrated on the mapping and discussions contained in this report. Plan for continued growth: The town is experiencing a growth spurt which will create newfound demand for retail capacities. Even with the negative impacts of the pandemic; the existing BIA zone is over-performing its peers with several new businesses opening in 2020 (9), some expansions (3) and relatively few closures vs. other communities in the province. Strathallen is actively recruiting new retail, service and hospitality businesses to the Town Centre Mall which will absorb the remaining vacant frontage in the 170 Broadway portion of the centre. The Central Area Design Study is already dated as it includes reference points and data that were completed as far back as 2006. The Central Area Design Study contemplated that future large-format retail to be located along the northwest-southeast axis of Lisgar Avenue as contained in the image below: Page 50 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 10 of 19 Impact of the former town landfill The location and challenges of the old landfill to the east of Harvey Street is problematic in terms of growth and remediation of the brownfield conditions. This also limits the potential for redevelopment without exorbitant costs. The existing road network su its the development to the east of the current CBD – also discussed in the Central Area Design Study with respect to the parking lot offset intersections along Lisgar Avenue. BIA boundary expansion - Official Plan context The BIA believes that we must create a new development zone otherwise we risk opening of the Pandora’s box which may see leakage of CBD, (Central Business District) retail to either the Norfolk Mall area (southeast Tillsonburg area); or to North Broadway adjacent to the existing Broadway TSB development containing Sobey’s, Subway, Pioneer Gas Bar and Anytime Fitness. The Town Official Plan may be challenged in the legal context given the built-out status of the downtown area. The following OP categories all have relevance and are appropriate to discuss in terms of the proposed BIA zone expansion. OP: Economic Development – Balanced Assessment The Town of Tillsonburg Official Plan has a section dedicated to the balancing of residential and commercial/employment land development. Residential development has outpaced retail sector assessment in each of the last 17 years with the exception of the Canadian Tire and Sobey’s stores developments in 2003. The BIA zone expansion supports this OP section by creating the necessary growth zone to allow for continued development of new retail uses in the Central Business District. During the past number of years, there has been continued development of the retail area at Tillson Avenue and Concession Street East which is also now built out. There is one brownfield site bounded by Tillson Ave., King St. the railway track and First Street which will be fully absorbed for the development of 2 high-rise apartment buildings by Escalade Development Corporation. This development is currently in the development pipeline. The BIA team believes that retail and commercial growth in the expanded BIA boundary supports the balance required to fulfil the parameters in the town’s Official Plan. Page 51 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 11 of 19 OP: The Central Business District as the hub & heartbeat of the town: The OP has a section specifically noting that the CBD is in fact the hub and heartbeat of the town. The BIA Zone expansion allows for the creation and expansion of the existing CBD by planning for new businesses in the CBD area. The BIA Board of Management is concerned about the leakage of new businesses outside of the CBD as there are no shovel-ready sites ready for development in the existing boundaries of the BIA zone. The OP rightfully contemplated the expansion of the downtown/CBD area to the east. The attached zoning map highlights by colour, each permitted use including the “entrepreneurial zone” which is coloured in orange. Page 52 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 12 of 19 Future Hotel/Conference Facility The BIA has advocated and continues to have meaningful discussions with Strathallen about the development of a hotel/conference facility in the CBD. The expansion of the BIA boundary will provide for more flexibility in accommodating this important initiative as the town continues to grow. The Brook-McIllroy urban design report from 2012 is attached as Exhibit 2 for reference purposes. This study was adopted by council however its recommendations have not been implemented. This study contemplated intensification of some specific town- owned lands in the existing urban core area. Either of the two (2) demonstration sites as proposed would likely be the best location for the proposed hotel/conference facility. Importance of the Tillsonburg Town Centre Mall The BIA team meets with the mall owner; Strathallen; on a regular basis to understand the performance, changes and impacts of the economy on this important downtown anchor. The Tillsonburg Town Centre Mall (TTCM); continues to be among the better performers in Strathallen’s portfolio of centre across Canada. This is important to note as it further supports the importance of the downtown as the main business hub in the tri-county region. Page 53 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 13 of 19 The following tenants have renewed their leases as follows: a) Walmart – 5 year term with additional 5-year optional terms b) CIBC – 5 year term with additional 5-year optional terms c) LCBO- effective April 2021: 5-year renewal with discussion to re-build a new free- standing store on the TTC campus. There are no retailers of consequence that are forecasted or known to be leaving the TTC mall at this time. The investments by Walmart - who are currently renovating their TTC store location (approximately $1 million) which includes significant improvements to the back-end storage areas, employee break room, store signage, interior signage, etc. are a clear statement of confidence in Downtown Tillsonburg. There are interested national retailers who have shown an interest for potential location to the Tillsonburg market area including Winners, Sport Chek, Popeye’s Louisiana Chicken, Bar Burrito and others to name a few. The BIA team continues to work with all downtown business and landowners to advance the collective effort of keeping the CBD relevant and top of mind in their site-selection criteria. It is important to continue to note that where Walmart is located becomes a defining moment in the decision making matrix for other retailers. Walmart has no intention of leaving the CBD at this time, nor is there a practical or financially feasible alternative location in the tri-county area. The Tillsonburg Walmart store is there only store location in an urban core area in North America. Expansion of the BIA zone is critical to addressing the needs in the central economic corridor to ensure that all new format retail is located in this area. Creating the sites and road system in the downtown-east area is necessary to accommodate retail growth is not without precedent. This again is support by the town’s Official Plan and is discussed in great detail in the Central Area Design Study. Current and forecasted growth rates The town is experiencing growth levels much higher than were forecasted by Hemson Consultants. As at October 1st, 2020; the population of the town is 18,005. The number of units under construction and approved for the next 18 months is approximately 900 which translates into another 2,000 +/- residents in the town. During the last census period ending in 2016; the highest population growth in the area was recorded in the Municipality of Bayham which is largely served by the Tillsonburg market area. This too is an impact that positively affects the efficacy of the Central Business District. A table of the growth rates for the 2016 Census is included below: Page 54 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 14 of 19 Municipality Growth % 2011-2016 Growth in population: Bayham +5.8% 407 persons Tillsonburg +3.7% 571 persons South-West Oxford +1.6% 120 persons Norwich +2.6% 280 persons Norfolk (western part only) +0.9% 99 persons The southwestern Ontario region has become a popular place for people to relocate to for many reasons. The impacts of the pandemic coupled with the cost of housing in London, Kitchener-Waterloo, Hamilton-Burlington-Oakville and the GTA areas is driving most of these changes. This section of the report clearly indicates that the increased residential development activity will place further demands on the function and metrics of the Central Business District. For these reasons; a detailed analysis of the coming impacts is noteworthy and is of consequence. Housing units under construction or approved for near-term development*: (*data from County of Oxford, Eric Gilbert, Plans of Subdivision) Location: Developer: # of units: Population: 97 North St. W. Southside 107 235 North St. E. Hayhoe Northcrest 158 348 59 North St. E. Hayhoe rentals 59 130 360 Quarterline Rd. Tomico/Braun 10 22 Andrews Crossing Hayhoe Homes 31 68 98 King Street Escalade Property Corporation 49 108 143 Tillson Ave. Escalade Property Corporation 49 108 361 Quarterline Road Tomico/Braun 104 229 Sandy Court Various 10 22 Potter’s Gate Phase 1 & 2 Oxnard Developments 22 48 Potter’s Gate Phase 3 - singles Oxnard Developments 53 117 Potter’s Gate Phase 3 – townhomes Oxnard Developments 35 77 Oak Park Estates Trevalli Homes 35 77 Trailview Drive VictoriaWood 33 73 Mill Pond Apartments Valour Capital 40 88 North St. – Keba Farm Hayhoe Homes 184 405 Brookside Southside 20 44 Totals: 951 2,092 Page 55 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 15 of 19 The population forecast with the above-noted developments for the Town of Tillsonburg - by end of calendar years is as follows: Year: Annual unit absorption rate: Population: 2020 90* 18,100 2021 287 18,731 2022 287 19,362 2023 287 19,993 The demand on services, retail, personal services, government services and offices will require more retail and commercial development space. It is the strong belief of the BIA Board of Management that these additional demands must be accommodated in the Central Business District area for continued successes into the future. The change in ownership of the Norfolk Mall retail node is also of concern as this may rekindle interest for large-format retail to locate in an area with lower taxation and more available (shovel-ready) sites for new development. Proposed new boundary: The proposed new boundary reflects a pragmatic approach to addressing the needs in the short and medium terms so as to dove-tail with the Official Plan and development pressures as currently being experienced. There are existing peripheral areas of the downtown which were arbitrarily left out of the BIA with those boundaries running down the middle of streets which made no practical sense either then or now. The parameters for the new boundaries were predominantly modeled after the study area as defined in the 2012 Brook-McIllroy Central Area Design Study. This study including the methodology and recommendations are used as the starting point for how the proposed new boundaries were determined. It is also important to note that the Town’s Official Plan was also used as a guiding document. The former downtown landfill site is problematic from an environmental and expansion perspective which Town Council and the BIA will need to address in the near future. The public process will engage the proposed new members and will be held in st rict accordance with the Municipal Act. The public engagement process will be very clear Page 56 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 16 of 19 and well-established. The BIA is acutely aware that public feedback and dialogue will ultimately shape the finalized boundaries, if there is any change or if the process is halted. The BIA has a clear plan to articulate the benefits of said boundary expansion. The important financial impact of note is that if the proposed boundary is adopted without modification; the existing membership will see a decline in BIA assessment on the current base of (11.7%) for the 2021 budget year. Where possible, in order to construct a contiguous map; the lines are drawn through some residential areas. This is not unlike other BIA’s. This has no impact on residential taxation. The intent is to properly link all proximate cultural, heritage and park assets within the 1.0 kilometer zone as discussed in this report. Note: Only those properties described as “rateable” will see any change to their municipal tax bill. These are described in the act as those zoned as commercial or industrial property tax classes. There are a number of additional businesses on the cusp of the BIA that should be included in the boundary expansion initiative. These are discussed in the 2021 BIA budget and business plan documents in specific detail and are included in the assessment Excel spreadsheet with the impacts clearly noted. Economic Development and Retail Recruitment The BIA continues to liaise with partners in the community to advance the collective interest of economic development while actively searching for new businesses to locate in the Tillsonburg BIA area. The BIA team continues to gather data and has proactively undertaken efforts to keep in touch with the national, regional and local chain retailers and others to promote the town and the growth profile. This effort is ongoing. Tillsonburg is still underserved in some retail segments; restaurants; lodging; experiential tourism; microbrewery/wineries; and others. The pandemic impact is muting some forward action at present however this will not dampen reaching out to build a more robust CBD. Page 57 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 17 of 19 Transportation network plan The Central Area Design Study also included a detailed analysis of the current and future transportation network for the CBD. This analysis again supports the BIA boundary expansion rationale particularly with reference to the existing entrepreneurial zone: Page 58 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 18 of 19 This section of the Central Area Design Study makes clear where the traffic patterns flow in and out of the CBD and entrepreneurial zones of the town. The BIA agrees with these assumptions and analysis. This was also used as a basis for determining the recommended boundaries for the zone expansion. 2021 approved BIA Budget and Business Plans For review by council and staff; we have attached the budget and business plans which have a greater amount of detail as to the rationale and analysis of the proposed boundary expansion request. The BIA team is available to review these in detail with members of the Tillsonburg Corporate team and members of town council. Financial impact The proposed boundary expansion as presented, leverages the BIA cost base which results in the comparable rateable properties seeing a decline of (-11.7%) vs. FY 2020. The cost to service the new areas is modest and results in leverage to the BIA cost structure on both a short and long term basis. There is no increased request in MOU funds from the Town of Tillsonburg to service this area. The Tillsonburg Town Centre Mall represents 43% of the current assessment by dollar in the existing BIA. With new expanded zone; the TTC share of the aggregate assessment drops to 34%. New zone assessment: $ 20,219,100 Existing BIA zone assessment: $ 76,722,000 Total assessment of new BIA zone: $ 96,941,100 2021 BIA levy $ 164,270 The larger area presents new opportunity for additional BIA sponsorship revenues via the proposed street banner program which is planned for 2021. The summary of new zone rateable properties with the financial impact is attached as an enclosure to this report. Page 59 of 688 BIA ED REPORT TO TOWN CLERK – DECEMBER 1ST, 2020 Page 19 of 19 Summary: The Central Business District is currently built out. The time is now to proactively plan for the addition of areas in the central zone and areas east of the downtown to accommodate the demand in the near and mid-term. Similar approaches were undertaken in 1978-1980 for the construction of the Tillsonburg Town Centre Mall and most recently in 2003 with the realignment of Bridge Street to create the site for Canadian Tire. The proposed boundary adjustment reflects a balanced approach keeping in mind the following: a) Requests by businesses to join the BIA; b) Requests by businesses to participate in the Façade Improvement Program; c) Natural topographic limitations to the west and south of the existing BIA boundary; d) Forecasting of growth already in the pipeline; e) Building a bridge between the two (2) existing central commercial areas of the town (Downtown CBD & TILL-CON retail node) as noted in the report in point “g” below; f) The need to create additional space for the location of new businesses in the Central Business District area; (including large-format retail); g) Implementation of recommendations contained in the Central Area Design Study report from Brook-McIllroy dated August 2012; h) Respecting the process as outlined in the Municipal Act; i) Respect for the environment and greening of the town; j) Implementation of best practices from an urban planning perspective; k) Protecting the existing Central Business District; l) Ensuring that the partnership that has been built over the past number of years with the Town of Tillsonburg continues forward in the spirit of the continuous improvement philosophy; m) The cost of the BIA is leveraged and results in a notable decline in comparable BIA levy assessment per rateable property. The BIA recommends to the Council of the Town of Tillsonburg that the Clerk of the Municipality begin the process for public engagement to discuss expansion of the existing BIA boundaries as contained in this report. The BIA fully understands that the public engagement process will ultimately shape the final outcome(s) and will be subject to that process in its entirety. ENCLOSURES: (attached) Page 60 of 688 October 27, 2020 Proposed BIA boundary - new for 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 8130 Notes NAD_1983_UTM_Zone_17N 406 Meters Page 61 of 688 January 13, 2014 By-Law 3726 Schedule A - BIA Boundary This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1420 Notes NAD_1983_UTM_Zone_17N 71 Meters Road Restriction/Closures Page 62 of 688 Page 63 of 688 Page 64 of 688 Page 65 of 688 - Page 66 of 688 2021 Budget & Business plan Introduction & commentary: This document outlines a series of specific steps and actionable items to address the new reality of operating businesses and a downtown core during the phases of a pandemic. Whatever the outcome(s) may be of this recent crisis; it is prudent to have the requisite plan that addresses the challenges and consumer behaviours that will ultimately shape the economy over the next few years and beyond. The theme of this 2021 plan document is called: “Building a resilient downtown core” The BIA leadership team has undertaken extensive research to support the assumptions, programs, action items and budget allocations presented in this document. There are also macro-economic issues which are driving demographic changes in the Tillsonburg region. There is an influx of residents from the Mississauga, Toronto, (GTA); Kitchener-Waterloo, Hamilton-Burlington-Oakville (HBO); and areas beyond. The town population as of August 2020 is now just shy of 18,000. This will create demand and will trigger additional box stores, services, automotive services, boutique retail and other businesses. Where will this growth occur? The downtown area is currently built-out. If the BIA is to continue to see growth of new retail, commercial, services, as well as medium & high-density residential development, the downtown area will need to expand to accommodate the new demand for businesses, services, shops, eateries and such or these new enterprises and residential developments will be forced to seek locations outside of the downtown core area. Not growing, is not a responsible option. The BIA also has a social and moral obligation to be a strong advocate for the creation of additional affordable housing units in the BIA zone. The BIA Leadership team recommends that a clear strategy and action plan be developed to address the acute need for more housing. Building more housing units downtown is not only necessary, but smart planning. Page 67 of 688 The BIA leadership team recommends the expansion of the BIA boundaries to include those areas that should naturally be part of the zone such as TDMH, Verhoeve Funeral Home, CJDL, The Bridges Golf Course, The Mill Tales Inn, and those businesses on the cusp of, or immediately adjacent to the existing boundaries. The former BIA boundaries were created in 1978 and then altered slightly with the construction of the new Canadian Tire development and re-alignment of Bridge Street East to Lisgar Avenue. Minor map changes were also adopted with the passage of By-law 3726 in 2014. The more important expansion initiative will be to create the “growth zone” necessary to accommodate new businesses. This is best achieved by natural topography and the as-built existing conditions. The area between the TILL-CON retail node and Lisgar Avenue (existing east BIA boundary) should be targeted for future downtown expansion. As the town population approaches 20,000; this will trigger additional retail segments that would potentially locate here including national box stores such as Sport-Chek, Winners, Giant Tiger and others. This new growth zone will be a natural “fill” and provides for development of the area between the 2 primary shopping areas in the central area of Town and will create the “adhesion of interest” between those two areas. This also speaks to the development of a square CBD vs. linear. Research from the IDA, OBIAA and retail studies suggests that the preferred development option is box vs. linear. This is largely due to pedestrian movement walking times and distances. The BIA should also be working with the TOT on re-purposing and transitioning some of the parking assets into non- profit housing units. This is a best-practice from other downtowns. Keeping parking on the main level and build above. The downtown must be able to accommodate and support high-density projects as consumer behaviours, tastes and demographics change. The “Central Area Design Study” completed by Brook/McIlroy in August of 2012 contains many recommendations that must be considered for implementation by both the BIA and Town Council. Over the last 18 months; there have been several requests by businesses outside of the existing BIA zone who have expressed an interest in being part of the BIA success story. The proposed expansion of the BIA is predicated on a careful analysis of what new boundaries make sense given the factors listed above. The BIA leadership team has reached out to determine the level of interest in the BIA zone expansion and the feedback has been very favourable. The next steps are to work with Town of Tillsonburg Clerk’s Office and Town Council to outline the precise action plan and legislative requirements in order to see this initiative be implemented early in 2021. Page 68 of 688 The successful BIA strategies demonstrated in 2020 will continue forward with improvements. The pop-up patio project will continue in 2021 with an emphasis to further refine the “as-built” condition to the best demonstrated practices from Toronto-Danforth BIA, Downtown Asheville, North Carolina BID, Niagara-on-the-Lake BIA and others. The Tillsonburg Town Centre Mall represents the largest assembly of BIA member businesses, services and offices in the downtown core area. This complex is also centre to the BIA zone; anchors the activities of the central business district and is now the transit hub for all routes with the new Southwest Transit project. This is the place to be for the BIA business office. Again, the BIA needs to lead and be the change that we want to see. During 2020, through the support of the Board of Management; the BIA team was able to demonstrate credibility by the effectiveness of programs, beautification, communication, and other successes during the crises created by the pandemic. In fact, unlike many other BIA’s and retail shopping nodes; we experienced a net increase in new businesses (5) with minimal business closures (1-Mobile Mend). The pop-up patio project was very successful and was met with rave reviews. The Board, with support of Town Council & Mayor Molnar; re-directed up to $62,000 in FIP funds to support an emergency rent relief program (ERRP). This exemplifies how the BIA responded in a nimble, appropriate and responsible fashion to the challenges that were presented. Our BIA partners came to the table with a record level of support during a time of crisis. Our sponsorship programs were well received and subscribed to, even considering the difficult economic conditions that prevailed. The 2021 budget and plan will focus on the generation of additional revenues to fund BIA operational activities in the current year and beyond. The credibility established by the BIA has allowed our voice to be heard with the ability to positively shape policy for the Town of Tillsonburg and the downtown core area for the benefit of our BIA Members and the town citizenry. The effort to ensure a pristine downtown environment has clearly had a positive impact on the decision matrix for businesses and residents to move to or locate in the downtown core area and the town in general. The number of positive comments and reports by BIA members has been noticeable, consistent and ongoing. Our BIA “Clean Team” receives positive comments on a daily basis about the effort to remove weeds, pick-up garbage, trim trees, and watering the on-street floral beautification assets. The proof is in the pudding. We will continue to resource the maintenance and operations area of the BIA to ensure that the downtown area is kept in a pristine fashion throughout the entire year. Page 69 of 688 The Beautifications Committee should have additional members appointed from both the Board and general public to ensure the best possible results in 2021. In 2021, our activities and programs must anticipate and address the challenges of the new reality caused by the pandemic. To this end, the BIA Leadership team recommends investment in those programs, systems, assets, training programs and marketing campaigns to bolster the Downtown Tillsonburg central business district as the place to be. We need to be proactive to ensure our businesses have the abilities to deal with the potential for another wave of the pandemic. Resiliency is the result of a set of actions to prepare, operate and survive any economic reality. We must continue to assist our members to ensure they have the e-commerce abilities to transact in any geopolitical environment. The hospitality sector has been especially negatively impacted by the pandemic. The 2021 plan outlines specific supports to help small businesses in the BIA zone, including restaurants, to have the necessary tools to be effective. The successful Oxford Community Futures grant application of $25,000 was instrumental in the deployment of the pop-up patio project in 2020. We would like to again thank Community Futures Oxford for this significant investment in our downtown successes with the pop-up patio project. Through partnership and support from our exclusive IT/communications sponsor; the BIA; with the help of our planned sponsor, EXECULINK, will re-introduce the downtown WIFI system in 2021 to enhance the downtown experience. The operational capabilities of the BIA will be enhanced by the purchase of capital items necessary to meet our obligations & to ensure high standards of execution. The purchase of a shoulder-mount video camera will add to our level of professionalism with social media postings. Further, the addition of a utility trailer, gas generator and banner bracket tools will allow our operations team to be more effective and productive in their daily work assignments. The beautifications budget will be further enhanced in 2021 to continue the progress made in creating an even more attractive downtown environment. One additional important initiative in 2021 is to commence the beautification of the new areas added to the BIA zone plus accentuate the main east/west arterial roads into the central business district (CBD). The sponsorship programs will be further developed and enhanced to deliver more value to the parties in addition to significantly increase the revenues for the BIA. The learnings from 2020 include businesses who want to attach themselves to success as Pride is running high in the community during the pandemic. Beautification triggers positive emotions and interest from residents and tourists alike which generates economic development. Page 70 of 688 Five imperatives for Leading in the New Reality*: 1) Combat COVID and Lead – Health must be the first priority for the BIA and it’s members. The BIA must find ways to help our members conquer the threat, risk(s) and impacts of the pandemic. Our job is to help our members communicate that we have a SAFE environment with commitment to all health protocols. We need to communicate consistently that health is a #1 priority. 2) Win the New Customer – New consumer demands require innovative business models and heightened levels of trust. The BIA can lead this effort by member education, member mentoring and feedback mechanisms. 3) Accelerate Digital – Creating the systems that seamlessly blend human and technological capabilities. The BIA must help provide the tools, platforms and systems to bridge the gap(s) of the membership. We still have BIA members who do not have an online presence or lack the skillsets to maintain even a rudimentary presence on the internet. 4) Transform to thrive – Nearly all organizations have changed in some fundamental way. How do we help our members to change their operating model to survive in the short-term & to generate prosperity and resilience in the long term? The various programs contained in the 2021 budget will address the specific needs required to undertake transformation in the BIA. 5) Shape a better future – The crisis has created a stronger emphasis on how organizations act within society. How can the public and private sectors collaborate now to lay the groundwork to build back better? Societal issues such as climate, sustainability, and social justice remain as important as ever. The BIA will be part of the change necessary to demonstrate social responsibility. *Credit to: Boston Consulting Group – Toronto, ON Page 71 of 688 Key assumptions and strategic imperatives for 2021: (all are to support resilience) 1) Businesses are challenged economically. The levy will be targeted at a 0% increase year-over-year. The increase in overall BIA revenues are funded from a full-year MOU with the Town of Tillsonburg; grant funding; sponsorship programs and contractual obligations with third parties. The levy to support the expanded BIA zone boundaries also leverages the cost structure to deliver value to the membership. The overall revenue increase for 2021 vs 2020 is +$155,313 driven by sponsorships, grants, employment funding & other non- levy sources. 2) Grow the BIA zone to meet the needs of the business community, to leverage the BIA cost structure and to proactively prepare for the growth of the downtown core area. The proposed map with boundaries is attached. 3) Renew the MOU with the Town of Tillsonburg with benefits accruing themselves equally among the parties. The MOU is the guiding document 4) Establish a Beautifications Sub-committee to oversee to completion; the redevelopment of the Broadway/Oxford parkette including the removal of the fountain feature; installation of the permanent evergreen tree for the annual Christmas tree focal-point; transition this place to be people-centric and gathering spot with appropriate lighting, shade-screens, hard-surfaces, etc. 5) Build on the proven ability to generate significant non-levy revenues to fund an increasing BIA overall budget that relies less on the levy and hence, providing more value to the BIA membership. 6) Continue to reduce long-term debt & fund all new CAPEX (capital projects) internally from annual revenues and reserves. All remaining long-term debt is fully retired by end of year 2028. (7 full years at end of FY ’21). Page 72 of 688 7) Implementation of a strong “Buy Local” campaign (BLP) to provide further messaging to support the BIA business community. 8) Implementation of the “Business Retention Program” (BRP) as the core of a strategy to build resilience of the BIA business community; no matter the economic circumstances. 9) Continuation of the “Emergency Rent Relief Program” (ERRP) to prepare for economic challenges in the coming year including a possible second wave of COVID-19; an economic downturn or other unforeseen geopolitical event. 10) Investment in Human Resources to execute the business plan. Additional FTE’s would be funded and staffed commensurate with successful grant applications. Part-time operations staffing are scheduled throughout 2021 to effect the terms and conditions of the MOU with the Town of Tillsonburg. 11) Adhere to “continuous improvement” behaviours to drive operational effectiveness, BIA member sales/profitability and to demonstrate that the downtown is the premiere place to shop in the tri-county region. 12) Lead by example. The BIA leadership team has demonstrated that there is no substitute for “walking the talk”. This becomes contagious. Each and every day, BIA team members are being the change we want to see. 13) Transition to a higher profile BIA office with capacity to deliver tourism, downtown economic development, business recruitment and retention and to act as the downtown centre for business incubation. The new proposed office has the capacity to allow the BIA to generate additional revenues as well as to focus on ambassadorial responsibilities with all team members. 14) Providing training, coaching, mentorship and ambassadorial services to all downtown businesses to build effectiveness of their operations. 15) Implementation of the “Rapid Response Marketing Program” (RRMP). On the shelf, ready to go promotional supports such as chalk boards, A-frame signs, posters and other items that are available immediately or on short-notice. 16) Implement a 12-month media buy with our premier media sponsor – Rogers Media, Country 107.3 and Easy 101.3 to create the top-of-mind awareness – this would not have been possible without a sponsorship agreement through Carolyn Lamers. Page 73 of 688 17) Continue to influence policy and by-laws to effect the implementation of best- practices in conjunction with Town Staff and Town Council. Such examples are permanency of patio infrastructure, perpendicular overhead business signage (as per Goderich BIA, Niagara-On-The-Lake BIA), reduced red-tape and simplification of municipal approvals. 18) Implement the 50-50 cost sharing of BIA/downtown core capital expenditures with our valued partner the Town of Tillsonburg; to properly resource the projects necessary for quality of presentation and as-built condition. 19) Create a pool of money to be used to help businesses address unique needs of their market segment, product type, service offerings, locational challenges and e-commerce platforms. (Business Retention Program - BRP). This program will be partially funded through the Ontario Trillium Foundation, 20) The EMC, ED and Operational Staff will continue to be the ambassadors for the downtown area. A uniform and colour identity will be introduced to further define the BIA identity in the community. Page 74 of 688 BIA Human Resource Plan Historical & 2021 budget: *FTE analysis detail (*FTE = full-time equivalent) BIA Staff Position: 2019 Actual 2020 Budget 2020 Actual 2021 Budget Net Change: Executive Director 1.0 1.0 1.0 1.0 n/c Event’s & Marketing Co- ordinator 0.25 1.0 1.0 1.0 n/c Seasonal/part- time labourers 0 1.0 0.8 1.0 +0.2 Co-op student Horticulture 0 0.4 0 0 n/c Totals: 1.25 3.4 2.8 3.0 +0.2 History of total Net FTE change: -1.1 FTE +1.7 FTE -0.6 FTE +0.2 Notes: 1. Due to COVID-19; summer student/part-time labour started very late in the season. There were also reduced incentive payments due to cancellation or delays to government funding programs. 2. There was no allocation for additional FTE’s when the MOU came into effect with the Town of Tillsonburg agreement for 2020. 3. The 2021 plan includes 2,078 hours of full-year labour which equals 1 FTE at 40 hours per week – the allocation by month and activity is attached. Page 75 of 688 2021 Capital (CAPEX) & project list: Priority: Item/equipment/project: Estimated cost(s): How is it paid for? 1 Utility trailer $3,000 Internal 1 Electric portable generator to power water system to irrigate BIA pots and planters $2,000 Internal and/or sponsored 1 Waste containers - additional $2,850 Internal 1 Broadway Plaza improvements including tree removal and replacement(s); sail feature $6,000 Internal and/or sponsored 1 Additional beautification elements for the expansion areas of the BIA boundary $5,150 Internal 1 Broadway-Oxford Parkette improvements $5,000 Internal and/or sponsored 1 Office furniture $3,000 Internal and/or sponsored 2 AODA street blades (begin replacements to meet code standards for readability) $1,500 Internal 2 Video camera to professionalize social media $1,500 Internal Totals: $30,000 Other items for consideration: Downtown Wi-Fi project in conjunction with Execulink Unknown To be fully funded through sponsorship with no cost to the BIA Power supply improvements TBD Downtown music TBD May be sponsored through Rogers Media 6 additional heritage lights TBD TBD Page 76 of 688 2021 BIA Budget November 28th, 2020 (Board approved - September 24th, 2020) (Membership approved - AGM - November 25th, 2020) 2018 Actual 2019 Actual 2021 Proposed Change Revenues:Audited 28th Budget vs. prior BIA Levy 127,217 136,621 136,621 139,450 139,450 - Tax write-offs 8,000 0 - - Net levy with tax write-offs 128,621 139,450 139,450 - Levy required to support expansion 24,820 24,820 Average Levy $'s per BIA member (assumes 39 tenants at Tillsonburg Town Centre Mall) 707 759 715 775 684 90.54-$ Average % levy change per BIA member 7.4%-5.8%8.4%-11.7% # of rateable properties in BIA 180 180 181 181 240 59 % increase in rateable properties in BIA 0.0%0.0%0.1%0.1%32.6% Total levy 127,217 136,621 129,621 139,450 164,270 24,820 15,000 Town contribution to CAPEX 15,000 15,000 Town contribution to Façade Improvement Program (FIP)25,000 25,000 25,000 31,000 31,000 - Town MOU funding - operating 26,607 30,525 3,918 Town/County funding - tourism 6,000 6,000 Other income 3,525 13,264 19,137 59,220 - -59,220 Event income, ticket sales - - Affiliate membership income 5,000 8,500 3,500 AGM revenues (ticket sales & other) 5,000 - 5,000- PPE and other sales 0 5,500 5,500 Truck graphic sponsorships 6,000 9,000 3,000 Street banner sponsorships 10,000 12,000 2,000 Tillsonburg Horticultural Society 0 2,000 2,000 Tillsonburg Knights of Columbus 0 1,000 1,000 Leveled sponsorship program 7,000 12,500 5,500 Office rental income 0 3,600 3,600 HST rebate 13,111 15,000 20,063 14,336 15,650 1,314 Wage subsidies 12,500 17,500 5,000 Interest income 77 2,220 960 1,010 3,220 2,110 Repayment of Emergency Rent Relief (ERP) 4,564 4,564 Income from contractural obligations: Rock Developments - Sobey’s (ends 2023)2,500 2,500 2,500 2,500 2,500 - Broadway TSB Inc. - new 10,000 sq. ft. development (eff. Sep. 1, 2020 for 20 years)0 0 0 0 2,500 2,500 Funding from grants: Ontario Trillium Foundation (applications to be made in balance of 2020 and in 2021)0 0 0 7,500 50,000 50,000 Other programs funding programs: Digital Mainstreet, Trees Canada, OBIAA programs 10,000 20,000 10,000 Community Futures Oxford (2021)/Rural Economic Development (2012)0 0 0 0 10,000 10,000 Contribution from surplus 0 0 40,000 50,000 - 50,000- Total Revenues:171,722 194,605 244,281 289,516 426,829 137,313 Levy as % of total revenues 74.1%70.2%53.7%48.2%38.5% 2020 Budget2019 Budget Page 77 of 688 2021 BIA Budget November 28th, 2020 2018 Actual 2019 Actual 2021 Proposed Change Expenditures:Audited Audited Budget vs. prior General & administrative 29,593 84,673 84,377 125,691 - FTE labour cost 92,500 65,000 -27500 Remittances (CPP, EI, WSIB)9,980 EI (2021 rate = $1.55 per $100) 1,519 CPP (2021 rate = 5.45% of gross wages) 5,341 WSIB (D2 Public Admin $3.50 per $100)0 1,155 Retirement plan 4,900 3,250 -1650 Health & dental benefits 2,500 3,228 728 Part-time labour $'s 12,000 33,000 21000 Part-time labour hours 2,078 Part-time labour hours/week 40.0 Accounting & bookkeeping fees 6,000 6,000 0 Maintenance supplies 0 1,880 1880 Office rent 3,600 10,200 6600 Office utilities 0 2,150 2150 Office insurance 0 650 650 Office supplies/equipment 2,500 2,650 150 Masks, gloves, sanitizers 0 1,000 1000 Membership fees, dues & subscriptions 1,000 650 -350 AGM & meetings (includes costs of meals, awards, room décor and room rental)2,800 3,500 700 IT including software/Constant Contact/Google AdWorks/Website/phone 2,500 4,500 2000 Debt principle and interest $'s 8,989 11,628 25,067 22,504 14,523 -7981 Debt as a % of levy:7.1%8.5%18.3%16.1%8.8%-7.3% Long term debt balance: 13,268 107,488 107,488 92,000 80,500 11,500- Harmonized sales tax (13%)14,251 20,000 21,808 15,583 17,010 Vehicle lease 6,000 6,114 114 Vehicle insurance 658 716 58 Vehicle operating costs 1,000 3,475 2,475 CAPEX includes all capital items 6,734 500 15,978 35,000 30,000 5,000- Marketing, events & advertising 7,806 18,250 12,118 24,000 40,000 16,000 Assistance programs: Façade Improvement Program (FIP)25,000 50,000 45,000 62,000 62,000 - Emergency Rent Relief Program (ERRP) 20,000 20,000 Business Retention Program (BRP) 50,000 50,000 Beautifications:6,785 13,250 39,000 11,000 Flowers & trees 19,000 9,000 Fertilizers & growing medium 1,000 - Total Expenditures:94,158 194,605 244,281 289,516 391,629 102,113 Surplus/(Deficit)77,564 0 0 0 35,200 Summary of Accumulated Surplus: Beginning Balance 106,284 192,783 220,345 180,345 182,389 Change in Accumulated Surplus 114,061 0 -43,396 -40,262 35,200 Ending Balance 220,345 192,783 182,389 140,083 217,589 2019 Budget 2020 Budget Page 78 of 688 New BIA member assessment (expanded boundaries) Sep-20 Street Business CVA Zoning % of new % of entire BIA levy 17 Bear Street Medical office 80,000$ R 1 Residential 0.3957%0.08252%135.56$ missing CVA altogether. 119 Bidwell Street Daycare centre 100,000$ EC - Entrepreneurial 0.4946%0.10316%169.45$ missing from existing BIA assessment file. 82 Bridge Street Horvath's 432,300$ SC - Service commercial 2.1381%0.44594%732.55$ 253 Broadway Tillsonburg Dental 200,000$ EC - Entrepreneurial 0.9892%0.20631%338.91$ missing from existing assessment file 254 Broadway Vacant commercial land o/a parking lot 69,000$ EC - Entrepreneurial 0.3413%0.07118%116.92$ missing from existing assessment file 261 Broadway CJDL 180,000$ NC - Neighbourhood commercial 0.8902%0.18568%305.02$ 262 Broadway Verhoeve's Funeral Home & Cremation Centre 245,100$ NC - Neighbourhood commercial 1.2122%0.25283%415.33$ 332 Broadway Beres' Meat, Grocery & Catering 109,000$ NC - Neighbourhood commercial 0.5391%0.11244%184.70$ 80 Brock St. E.Office building 537,000$ SC - E Service commercial 2.6559%0.55394%909.96$ 86 Brock St. E.Office building -$ SC - E Service commercial 88 Brock St. E.Office building -$ SC - E Service commercial 80 Concession St. E.Tillsonburg Fire Hall -$ IN1 - Institutional 90 Concession St. E.OPP Police Station -$ IN1 - Institutional 121 Concession St. E.TSC Stores 2,085,000$ SC - E Service commercial 10.3120%2.15079%3,533.10$ 127 Concession St. E.Mister Auto Wash 152,000$ SC - Service commercial 0.7518%0.15680%257.57$ 127 Concession St. E.Mister Auto Wash 181,000$ SC - Service commercial 0.8952%0.18671%306.71$ 108 Concession St. E.Source for Sports 219,000$ SC - Service commercial 1.0831%0.22591%371.10$ 114 Concession St. E.The Beer Store 361,000$ SC - Service commercial 1.7854%0.37239%611.73$ 126 Concession St. E.Strip mall/warehousing 571,000$ SC - Service commercial 2.8241%0.58902%967.58$ 130 Concession St. E.Curling Club 430,000$ SC - Service commercial 2.1267%0.44357%728.65$ 2 Elm Street LPRCA 1,644,600$ MG - General industrial 8.1339%1.69649%2,786.83$ 47 Fourth Street Warehouse/garage 129,000$ SC - H 0.6380%0.13307%218.59$ 10 John Pound Road Mill Tales Inn 492,000$ OS 1-2 Passive use open space 2.4333%0.50752%833.71$ Zoning incorrect. 41 John Pound Road NAPA 287,000$ MG - 3 General industrial 1.4194%0.29606%486.33$ 45 John Pound Road Former TVT office & warehouse 741,000$ MG - 3 General industrial 3.6649%0.76438%1,255.65$ 101 John Pound Road The Bridges Golf Course 642,000$ OS - 2 Passive use open space 3.1752%0.66226%1,087.89$ 165 John Pound Road Servicemaster 319,700$ OS - 2 Passive use open space 1.5812%0.32979%541.74$ 41 King Street Dalm Homes 360,000$ EC - Entrepreneurial 1.7805%0.37136%610.03$ Use attracts BIA levy, use not registered. 81 King Street County of Oxford EMS station -$ IN - 1 Minor institutional 102 King Street Daycare Centre 138,000$ SC - 15 Service commercial 0.6825%0.14235%233.85$ 139 Maple Lane Warehouse 295,000$ SC - Service commercial 1.4590%0.30431%499.89$ 6 Old Vienna Antique warehouse 255,000$ SC - 12 Service commercial 1.2612%0.26305%432.11$ 12 Old Vienna Carquest 328,000$ SC - 12 Service commercial 1.6222%0.33835%555.81$ 19 Queen Street Upper Deck Youth Centre 221,000$ EC - Entrepreneurial 1.0930%0.22797%374.49$ 137 Rolph Street St. Mary's Catholic Church 0 IN - 1 Minor institutional 131 Rolph Street Father Langan Parish Centre 0 IN - 1 Institutional 0.0000%0.00000%-$ Zoned incorrectly. 154 Rolph Street Medical office 276,000$ EC - R7-(H)1.3650%0.28471%467.69$ 167 Rolph Street TDMH -$ IN - 2 Major institutional 183 Rolph Street Tillsonburg Retirement Centre -$ IN - 2 Major institutional 2 Simcoe Street Former Petro-Canada service station 195,000$ SC - Service commercial 0.9644%0.20115%330.43$ 3 Simcoe Street KIA 64,000$ SC - Service commercial 0.3165%0.06602%108.45$ 11 Simcoe Street KIA 235,000$ SC - Service commercial 1.1623%0.24242%398.22$ 30 Tillson Avenue Annandale National Historic Site -$ IN - 1 Minor institutional 0.0000%0.00000%-$ 60 Tillson Avenue Annandale Public School -$ IN - 1 Minor institutional 0.0000%0.00000%-$ 67 Tillson Avenue Small strip mall 44,300$ NC - Neighbourhood commercial 0.2191%0.04570%75.07$ 94 Tillson Avenue Livingston Centre/MSC/Daycare -$ IN - 1 Minor institutional 0.0000%0.00000%-$ 101 Tillson Avenue Home Building Centre 2,104,000$ SC - Service commercial 10.4060%2.17039%3,565.30$ 102 Tillson Avenue Large strip mall 2,097,000$ SC - E Service commercial 10.3714%2.16317%3,553.44$ 124 Tillson Avenue ESSO - Asado Burrito 589,000$ SC - 16 Service commercial 2.9131%0.60759%998.08$ 128 Tillson Avenue Tillsonburg Plumbing Centre 129,000$ SC - Service commercial 0.6380%0.13307%218.59$ 131 Tillson Avenue Gear Train 347,000$ SC - 6 Service commercial 1.7162%0.35795%588.00$ 146 Tillson Avenue Tillsonburg Rentals 473,000$ SC - 23 Service commercial 2.3394%0.48793%801.51$ 152 Tillson Avenue Auto Spa Plus 77,000$ NC - Neighbourhood commercial 0.3808%0.07943%130.48$ 157 Tillson Avenue Strip Mall 1,107,000$ SC - 14 Service commercial 5.4750%1.14193%1,875.85$ 159 Tillson Avenue Strip Mall -$ 161 Tillson Avenue Strip Mall -$ 163 Tillson Avenue Strip Mall -$ 165 Tillson Avenue Strip Mall -$ 170 Tillson Avenue Chrissy's Corner Store 76,200$ NC - Neighbourhood commercial 0.3769%0.07860%129.12$ 183 Tillson Avenue Strip mall with residential 161,100$ SC - H 0.7968%0.16618%272.99$ 48 Vienna Road Strip mall 353,000$ GI - General industrial 1.7459%0.36414%598.17$ 35 Wolf Street Medical office 87,800$ EC - R (H)0.4342%0.09057%148.78$ New zone assessment:20,219,100$ Existing BIA zone assessment:76,722,000$ Total assessment of new BIA zone:96,941,100$ 2021 BIA levy 164,270$ Page 79 of 688 Page 80 of 688 Page 81 of 688 Table of Contents EXECUTIVE SUMMARY i 1.0 INTRODUCTION 1 1.1 Study Purpose 3 1.2 Study Process & Application 4 1.3 Document Structure 5 1.4 The Study Area 6 1.5 Physical & Historic Context 7 1.6 Policy Context 9 1.7 Consultation 10 2.0 CENTRAL AREA VISION 11 2.1 Introduction 13 2.2 Character Areas 14 2.3 Building Heights 17 2.4 Gateways & Landmarks 18 2.5 Parks & Open Spaces 19 2.6 Urban Circulation 21 2.7 Opportunity Sites 25 3.1 Main Street Area Principles 27 3.2 Secondary Commercial Areas Principles 29 3.3 Large Format Area Principles 31 3.4 Residential Areas Principles 33 Page 82 of 688 3.0 PRIVATE REALM & ARCHITECTURAL CONTROL GUIDELINES 35 3.1 Renovations/ Additions to Heritage Character Buildings 39 3.2 New Buildings & Renovations/ Additions to Contemporary Buildings 50 3.3 Signage 65 3.4 Vehicular Parking & Site Access 68 3.5 Sustainability 72 4.0 PUBLIC REALM GUIDELINES 74 4.1 Vehicular & Pedestrian Circulation 75 4.2 Open Spaces, Natural Heritage Features & Green Streets 83 4.3 Streetscape Amenities 87 5.0 DEMONSTRATION SITES 89 5.1 Clock Tower / Plaza Site 91 5.2 Tillsonburg Town Centre Mall Site 93 5.3 Civic Sculpture / Parkette Site 95 6.0 IMPLEMENTATION RECOMMENDATIONS 97 6.1 Introduction 99 6.2 Policy & Process Amendments 99 6.3 Community Improvement Strategies 103 6.4 Central Area Promotional Tools 104 APPENDIX A: GLOSSARY OF TERMS APPENDIX B: SUMMARY OF POLICY FRAMEWORK APPENDIX C: URBAN STRUCTURE MAPPING Page 83 of 688 APPENDIX D: DEMONSTRATION SITES APPENDIX E: HERITAGE RESOURCE INVENTORY APPENDIX F: SUMMARY OF TRANSPORTATION ANALYSIS Page 84 of 688 Page 85 of 688 Page 86 of 688 1 Tillsonburg Central Area Design Study Page 87 of 688 2Brook McIlroy Inc. / McCormick Rankin Co. Introduction 1.0 / Page 88 of 688 3 Tillsonburg Central Area Design Study Tillsonburg Station Arts Centre.The recommendations of this report were developed in consultation with members of the public as well as a variety of local stakeholders. 1.1 STUDY PURPOSE The purpose of the Central Area Design Study is to establish urban design recommendations which recognize the importance of the Central Area of the Town of Tillsonburg. The document addresses private realm and architectural control guidelines as well as public realm guidelines. The private realm and architectural control guidelines include recommendations for renovations and additions to heritage character buildings; new buildings and renovations to contemporary buildings; signage; vehicular parking and site access; and sustainability. Public realm guidelines include recommendations specific to vehicular and pedestrian circulation; open spaces, natural heritage features and green streets; and streetscape amenities. Furthermore, the purpose of the Central Area Design Study is to assist in the development of appropriate policies for the Central Area, which can be incorporated into the Official Plan as part of the five year review, as well as to provide a “building block” for future development with Tillsonburg’s Central Area. The Central Area Design Study will also provide a foundation for similar projects in other urban settlements within Oxford County, particularly with respect to research regarding modern urban design initiatives, such as placemaking, planning for healthy communities, and sustainability. Page 89 of 688 4Brook McIlroy Inc. / McCormick Rankin Co. Tillsonburg’s Entrepreneurial Districts include former and existing industrial uses. 1.2 STUDY PROCESS & APPLICATION This document is intended to assist the Town of Tillsonburg as well as land owners, developers and the public with clear tools to guide the design of development and redevelopment in the Central Area. The recommendations in this document address the existing and future character of the built environment, streetscaping, landscaping, and open spaces. They also address the scale and continuity of development, existing heritage elements, the use of materials, and dealing with parking and transportation-related issues. Like much of Southwestern Ontario, Tillsonburg’s Central Area contains an abundance of historic yellow brick buildings. This document outlines best urban design practices, and includes guidelines that will be implemented through future revisions to the Official Plan and the Town of Tillsonburg Zoning By-Law. As the best practices outlined in this document become common practice, they will evolve. The examples shown in this document provide one example of how the guidelines can be applied, and are not intended to exclude other solutions that meet their intent. Page 90 of 688 5 Tillsonburg Central Area Design Study Gateway signage mark significant entrances to Tillsonburg’s Central Area. Broadway Street is characterized by its generous right-of-way width and abundance of angled on-street parking. 1.3 DOCUMENT STRUCTURE This document consists of seven sections: 1. Introduction: introduces the study including the study purpose, the study process and application, the document structure, an overview of the study area, a summary of the physical and historic context, a summary of the policy context, and a summary of the public consultation process. 2. Central Area Vision: outlines the vision for the Central Area, including unique vision statements and general design principles for each of the identified Character Areas, including the Main Street Area, Secondary Commercial Areas, the Large Format Area, and Residential Areas. 3. Private Realm and Architectural Control Guidelines: provides a set of private realm and architectural control recommendations pertaining to heritage buildings, new buildings and renovations to existing contemporary buildings, and signage both specifically along Broadway Street and throughout the Central Area. 4. Public Realm Guidelines: provides a set of site design recommendations pertaining to parking, open space, entrances and exists, bicycle parking, and sustainability. 5. Demonstration Sites: Establishes demonstration scenarios for three key development sites within the Central Area, addressing matters of built form and massing, land use and programming, site layout and design, landscaping, parking, etc. 6. Implementation Recommendations: provides an implementation framework, which achieves the goals and objectives of the study, outlining policy and process amendments, community improvement strategies, Central Area promotional tools, monitoring and updating processes, future studies, and policy amendments. 7. Appendices: includes a glossary of terms, a summary of the policy framework, urban structure mapping, demonstration site illustrations, a heritage resource inventory, and a summary of the transportation analysis. Page 91 of 688 Page 92 of 688 7 Tillsonburg Central Area Design Study 1.5 PHYSICAL & HISTORIC CONTEXT 1.5.1 Location The Town of Tillsonburg is located in the heart of Southwestern Ontario, at the southern end of Oxford County, and serves as a regional centre for industry, commerce, health care, and recreation. The Town is conveniently situated at the junction of Highway 3 and Highway 19, approximately 50 kilometers southeast of London, Ontario. The Town of Tillsonburg has a population of approximately 15,301 according to the 2011 Canadian Census, and occupies a land area of approximately 22 square kilometers, with a population density of approximately 663 persons per square kilometer. The Town of Tillsonburg is characterized by a radial network of arterial roadways and intersecting ravine systems. 1.5.2 History & Heritage History: The area was settled in 1825 by George Tillson, for whom the Town is named. The Town was incorporated in 1872. By the beginning of the 20th Century, major enterprises were established including milk production,shoe manufacturing, tractor manufacturing, textile manufacturing, and tobacco production. The hospital, which is a significant employer within the Central Area, was constructed in the 1950s. The Town’s Centennial Year, 1972, saw the opening of the Tillsonburg Museum. The Tillsonburg Library was completed in 1975. In 1979, the hospital built an addition, and a new fire hall was constructed in 1979, replacing the old building which was demolished to make way for the Tillsonburg Town Centre Mall, which opened in 1980. Annandale House and the Hale Street Railway Station became public buildings in 1983. Shortly thereafter, Annandale House was restored and converted into a museum, while the Hale Street Railway Station was restored and converted into the Station Arts Gallery. Page 93 of 688 8Brook McIlroy Inc. / McCormick Rankin Co. E.D. Tillson was elected the first mayor of Tillsonburg in 1872. His father, George Tillson, founded the settlement in 1825. Annandale House is a national historic site, and the home of the Annandale House Museum. A number of major residential development projects have been initiated in Tillsonburg over the past 40 years, including several which cater to a growing seniors population (Hickory Hills - 1985; Baldwin Place – 2001). Throughout the 1990s, local efforts led to the revitalization of Lake Lisgar, with the construction of a gazebo, water fountain and walkways into the lake. In 1994, the Central Area was significantly enhanced with the construction of the Rotary Club Clock Tower, which incorporated a clock from the Town’s former Post Office, and a bell from the demolished Town Hall. The Livingston Centre opened in 1998. Named after notable resident Gerry Livingston, the centre provides a wide range of services to residents of the Town and surrounding area. The Community Centre was refurbished in 2004 with renovations and enlargements of the main ice surface. Future developments include a recently approved retirement home complex, which is planned for construction in late 2012. The majority of residential development within the Central Area was constructed prior to 1977. However, recent residential developments include 3 townhouse units and 23 single detached residential dwellings. Recent commercial retail developments include the Canadian Tire, Shoppers Drug Mart and Staples developmentsin 2004 and the more recent (2009) redevelopment of the Home Hardware on Tilson Avenue. Wal-Mart Canada has assumed the lease of the former Zellers space in the Tillsonburg Town Centre Mall and it is anticipated that Wal-Mart’s relocation from the Norfolk Mall to the Town Centre Mall will occur in 2012. Heritage: The Central Area of Tillsonburg is home to a number of significant heritage resources, including 10 Places of Worship; 2 Educational Institutions; 3 Cultural Resources; 1 Natural Area and Park; and 3 Plaques and Monuments. A complete Heritage Resource Inventory for Tillsonburg can be found in Appendix E. Page 94 of 688 9 Tillsonburg Central Area Design Study 1.6 POLICY CONTEXT Throughout the study process, the consultant team reviewed a number of key documents which influence development within the Town of Tillsonburg, and specifically within the Central Area. Many of these documents are study-oriented and will be used to assist in the formulation of policies, while others, including the Tillsonburg Zoning By-Law and Tillsonburg Site Plan Guidelines, will be used as implementation tools. Referenced documents include: • Provincial Policy Statement (2005), which recognizes the complex inter-relationship among economic, environmental and social factors in planning and embodies good planning principles; • Oxford County Official Plan (2010), which contains the goals, objectives and policies established primarily to manage and direct physical change and effects on the social, economic and natural environment of the Town of Tillsonburg, and includings a vision and strategy for the Central Area as well as relevant sub- districts; • Tillsonburg Zoning By-Law (2011), which controls the use of land by dividing the municipality into different land use zones with detailed maps, specifying the uses permitted in each zone, specifying where buildings and other structures can be located, stating the types of buildings that are permitted and how they are used, and specifying lot sizes and dimensions, parking requirements, building heights and setbacks from the street; • Tillsonburg Site Plan Guidelines (2011), which inform potential developers and the public about the use of Site Plan Control, the requirements for Site Plan approval, and to provide guidelines for site plan preparation and review; Study Area boundary for the Tillsonburg Downtown Streetscape Master Plan. • Tillsonburg Recreation Master Plan (On-Going), which provides a comprehensive framework articulating the needs and priorities for recreation programs, facilities, culture, parks, sports fields, trails and open space; • Tillsonburg Trails Master Plan (2008), which provides a guide for the future of our trail system whereby non-motorized, multi-user trails are systematically linked in an effort to connect people and places while enjoying our beautiful town and the natural beauty of the Town’s trails.; • Tillsonburg Downtown Streetscape Master Plan (1996), the goal of which is to strengthen the aesthetics and function of the downtown; and • Oxford County Commercial Policy Review (2009), which contains a series of directive that guide proper planning and the structure of urban areas. A detailed summary of the Policy Framework can be viewed in Appendix B: Summary of Policy Framework. Page 95 of 688 10Brook McIlroy Inc. / McCormick Rankin Co. 1.7 CONSULTATION 1.7.1 Steering Committee Meetings The Town of Tillsonburg appointed a Steering Committee to assist the consultant team in the preparation of this document. The Steering Committee included a broad range of groups and stakeholders representing a variety of interests within the study area. 1.7.2 Public Open House / Workshop In January 2012, the consultant team attended and facilitated a public open house / workshop session, which allowed a broad group of individuals including the consultant team, Town Staff, key stakeholders and members of the local community, to gather information and focus on developing a vision for the Central Area. The open house / work shop was structured around group- based exercises, where participants engaged in focused discussions and provided feedback on a variety of issues, including public realm improvements, promoting active transportation, establishing building design standards as well as standards for signage and other urban design elements. Each group-based exercise was facilitated by a team member with a view to answering questions and supporting group discussions. Interactive tools for gathering feedback were employed, including annotated maps which were marked-up by participants, and precedent surveys that allowed participants to choose between different urban design elements pertaining to built form and the public realm. 1.7.3 Stakeholder Workshop In February 2012, the consultant team attended and facilitated a workshop session with a variety of local stakeholders, including developers, as well as property and business owners. Valuable input was received, which influenced the study process. 1.7.4 Public Information Booth In February 2012, the consultant team operated a public information booth at both the TIllsonburg Town Centre Mall and the Tillsonburg Community Centre. The booth included three display boards, which informed the public of the study process. It also included a worksheet exercise and questionnaire, which allowed the public to provide feedback. 1.7.5 Project Website Throughout the study process, the consultant team worked with Town staff to provides updates on the project website. This gave the public an opportunity to download materials and access links to completed work. Public information booth at the Tillsonburg Town Centre Mall, February 2012. Page 96 of 688 11 Tillsonburg Central Area Design Study Page 97 of 688 12Brook McIlroy Inc. / McCormick Rankin Co. Central Area Vision 2.0 / Page 98 of 688 Page 99 of 688 Page 100 of 688 15 Tillsonburg Central Area Design Study 2.2.2 Large Format Area (East of Broadway Street) The large format area is generally bounded by Broadway and Harvey Streets to the west, Venison Street and the adjacent ravine system to the north, Lisgar Avenue to the east, and Brock Street to the south. This area contains primarily large format retail development, either in the form of standalone buildings or as part of the Tillsonburg Town Centre Mall, as well as a few utility and service buildings, and vast expanses of surface parking. Through future development, the guidelines focus on recommendations to improve street edge conditions in surface parking areas and to create an improved transition between the large format retail area and adjacent areas including the main street, secondary commercial and residential areas. Such improvements can be achieved by greening the surface and edges of parking areas, providing street furnishings, seeking opportunities for limited development adjacent to the street edge, and by strengthening pedestrian connections throughout the area. 2.2.1 Main Street Area (Broadway Street) The length of Broadway Street, between Bridge and London Streets, is lined primarily with mixed-use main street development. However, one exception includes the Broadway Street facade of the Tillsonburg Town Centre Mall, which incorporates large blank wall segments and a rhythm and proportion of retail facades which is not in keeping with the main street character of Broadway Street. Through future development, opportunities exist to improve and extend the main street condition along Broadway Street. This can be accomplished by reconstructing the facade of the Tillsonburg Town Centre Mall to incorporate materials and proportions which are in keeping with the main street character of Broadway Street. The main street treatment is also proposed to be extended along Broadway Street north to Venison Street and south to Prospect Street, as well as along intersecting streets, wrapping the corner of Broadway Street and extending into adjacent secondary commercial and large format areas. Establishing quality landmark street oriented gateway buildings at the north and south ends of the study is recommended in Section 2.4 Gateways and is a central focus of this document. Opportunities exist to improve street edge conditions in surface parking areas and to create an improved transition to adjacent uses. Opportunities exist to improve and extend the main street condition along Broadway Street. Page 101 of 688 16Brook McIlroy Inc. / McCormick Rankin Co. 2.2.3 Secondary Commercial Areas (Flanking Broadway Street) Tillsonburg’s secondary commercial areas generally surround the main street area of Broadway Street, between Venison and Prospect Streets, occupying sites on either side of Bidwell Street. They also generally run along the length of Brock Street between Cat Alley and the ravine, as well as the length of Oxford Street between Cat Alley and Bloomers Street. Secondary commercial areas generally incorporate neighbourhood-related office uses or convenience-related retail uses. Through future development, the main street treatment along Broadway Street will be extended north to Venison Street and south to Prospect Street. This will result in the conversion of some of the Broadway Street secondary commercial areas into main street areas. Broadway Street development is recommended to wrap the corners of intersecting streets. The intention is that the main street character will begin to transition into adjacent secondary commercial areas and influence the character of the adjacent streets. It is also recommended that a consolidated way-finding program along Broadway Street provide directional signage to the Secondary Commercial Areas to the east and west, making Broadway Street the organizing and destination spine of the downtown. 2.2.4 Other Areas (Residential, Institutional, Industrial & Service Commercial) A diversity of areas surrounds Tillsonburg’s main street, large format, and secondary retail areas. The residential areas are characterized by single family detached dwellings, semi-detached dwellings, seniors housings, and other multi-unit residential buildings. These areas also incorporate a number of institutional buildings including the Tillsonburg Hospital, long term care facilities, nursing / seniors homes, places of worship, a school, and other facilities. The residential areas have a potential to accommodate additional residential redevelopment in more compact building forms. Through future development, residential areas are anticipated to remain stable and are not expected to accommodate significant development. However, opportunities may exist to expand the Tillsonburg Hospital site, and redevelopment opportunities may exist within the former industrial lands located north of Concession Street on the west side of Tillson Avenue. Expansion and redevelopment of these areas is recommended to reflect and respond to the character of the adjacent neighborhoods. For example, any future hospital redevelopment should respond to the natural areas to the west and to the existing surrounding residential context. There is an opportunity to transition the main street character of Broadway Street into the adjacent secondary commercial areas. There is a desire to maintain stability throughout existing residential areas. Page 102 of 688 Page 103 of 688 Page 104 of 688 19 Tillsonburg Central Area Design Study 2.5 PARKS & OPEN SPACES Tillsonburg’s Central Area is defined, and bounded, by an extensive and inter-connected system of natural open spaces. This system provides the area with an enviable asset of natural amenities. Through future development, opportunities exist to capitalize on this asset. The Central Area contains four small urban parkettes and plazas. These spaces contain landmark structures, monuments, and public art features. Opportunities exist to create additional urban parkettes and plazas, and to transform these spaces into significant anchors or nodes, creating points of interest and activity along the Broadway Street Corridor. The “potential” urban parkettes, plazas, and public spaces (identified on the facing page) represent potential gathering and programmable spaces within the downtown. Establishing usable open spaces along Broadway Street is particularly important as they would provide amenity spaces for business, spill out spaces for retail events and potentially Town programmed areas. Improvements to the existing public space network include: • Expansion and enhancement of the Tillsonburg Clock Tower plaza (located at southwest corner of the intersection of Broadway and Bridge Streets). • Expansion and enhancement of the Civic Sculpture parkette (located at the southeast corner of the intersection of Broadway and Oxford Streets). • Bookending the central area with outdoor spaces to sit, relax, eat, chat, etc. • Opening up the World War One Memorial Plaza (located in front of the Tillsonburg Town Centre Mall) to create usable space for pedestrians to sit, relax, eat, chat, etc., by removing the fencing which surrounds the memorial and, where possible, incorporating Tillsonburg Clock Tower.World War One Memorial at the Tillsonburg Town Centre. Page 105 of 688 Page 106 of 688 21 Tillsonburg Central Area Design Study 2.6 URBAN CIRCULATION Tillsonburg’s Central Area has a well connected and compact structure of streets and blocks which contributes to the overall connectivity of the community. While vehicular circulation is well served with good access, parking and a strong rear lane system, both pedestrian and cycling amenities can be improved. Recommendations to the existing downtown circulation network include: • Expansion of existing multi-use trail system (through ravine system connecting to Lake Lisgar to the north, through ravine system south of Brock Street connecting Brock and Oxford Streets, through ravine system east of the Central Area) • Expansion of existing bicycle circulation (along Rolph Street between Concession and Baldwin Streets, along Bridge Street between Rolph Street and Lisgar Avenue, and along Lisgar Avenue between Concession and Brock Streets) moving in the future to a network of dedicated cycling paths. • Improved pedestrian connections (through Canadian Tire Site between Bridge and Durham Streets, through the Tillsonburg Town Centre Mall and associated surface parking lot between Broadway Street and Lisgar Avenue, and through surface parking area south of Ridout Street between Harvey Street and Lisgar Avenue) • Improved connections between Central Area, surrounding areas, ravines, Lake Lisgar, and other open / natural spaces 2.6.1 Pedestrians & Cyslists Tillsonburg’s Central Area is well serviced by bicycle routes and multi-use trail systems, which take advantage of the Town’s well established compact street grid and natural open space networks to enhance connectivity and active transportation circulation between the Central Area and the surrounding Town. Through future development and capital road improvement programs, opportunities exist to expand this network to create additional linkages, and to provide bicycle storage facilities at key nodes / locations to encourage active transportation. Through the consultation process and detailed review of the study area it was determined that Broadway Street should not accommodate cycling but that connections from Broadway to the adjacent areas including the ravines should be enhanced for pedestrians and cyclists. The typical challenges to pedestrians within the study The Central Area is characterized by short blocks and a continuous grid system, with regular pedestrian crossings. Page 107 of 688 Page 108 of 688 Page 109 of 688 Page 110 of 688 Page 111 of 688 Page 112 of 688 Page 113 of 688 Page 114 of 688 Page 115 of 688 Page 116 of 688 Page 117 of 688 Page 118 of 688 Page 119 of 688 Page 120 of 688 35 Tillsonburg Central Area Design Study Page 121 of 688 36Brook McIlroy Inc. / McCormick Rankin Co. Private Realm & Architectural Control Guidelines 3.0 / Page 122 of 688 Page 123 of 688 Page 124 of 688 39 Tillsonburg Central Area Design Study 3.1.1 Heights & Massing • Vertical additions, in all character areas, should be limited to no more than 1 storey above the existing height of the building. • Within the Main Street Area, vertical additions should result in building heights no greater than 5 storeys (16.5 metres). • Within all character areas, additions and renovations to identified heritage character buildings should not be greater than 1/3 of the total building volume. • Within all character areas, additions and renovations should reference the building to which the addition is being added, both volumetrically and materially, should maintain existing floor-to-floor heights, and should respect the building’s original appearance. • Within all character areas, additions and renovations should reference adjacent buildings only if they complement the primary building. • Additions should either be identical to the existing building or should provide a contemporary design response. Poor quality imitations of heritage styles are not appropriate building additions. • Where parapets, with our without cornices, are incorporated into vertical additions, the parapet should not project more than 1.8 metres beyond the height of the building. • Within the Main Street Area, additions should maintain the envelope of existing storefronts. 3.1 RENOVATIONS / ADDITIONS TO HERITAGE CHARACTER BUILDINGS The rich heritage fabric of Tillsonburg’s Central Area is influential in defining the overall character and identity of Tillsonburg. This historic quality should be celebrated and encouraged. Historic buildings should be retained, and when necessary, restoration work should maintain the integrity and intent of the original design. Additions to historic or ‘heritage character’ buildings should undergo a rigorous process of design review in order to ensure they contribute to the character of heritage architecture. The use of the term ‘heritage character’ in the context of this document is intended to reflect those properties and buildings which exhibit heritage qualities, but are not listed or designated in accordance with the Ontario Heritage Act (OHA). The following guidelines are intended to apply to all buildings and properties within the study area that are identified by the Town as being of ‘heritage character’ value and contributing to the overall heritage character of the Central Area. Reference to ‘heritage’ buildings throughout this document refers to those buildings and/or properties which have been designated under the OHA as being of local or provincial interest. It is anticipated that designated heritage buildings will be preserved and any alterations and/or restoration that would occur in accordance with the relevant provisions of the OHA. Tillsonburg’s Central Area is currently home to a number of heritage buildings which are listed in Appendix E of this document and the Heritage Resources Inventory contained in the County Official Plan. Heritage buildings on Broadway Street range in height from 1 to 3 storeys. Additions and renovations should reference the building to which it is being applied, both volumetrically and materially. Page 125 of 688 Page 126 of 688 Page 127 of 688 42Brook McIlroy Inc. / McCormick Rankin Co. • Where feasible, preserve the original building fabric. Repair rather than replace deteriorated architectural features. When replacement is necessary, match the original. Replacement of missing features should be based on historical accuracy. • Where existing alterations are out of character, an opportunity exists to remove modern veneers to determine what, if any, of the original remains. Original elements that lie beneath the modern front should be preserved and replicated where necessary if damaged. • Renovate storefronts to be in keeping with the original building design, using those elements that are in tact, and replacing missing features. • Maintain the alignment of a storefront with adjacent storefronts. • Do not remove or alter original material or distinctive architectural features. Base Panels • Maintain the originals when they exist. Use materials of the same colour and texture as the window frame, or the pilaster materials. Display Windows • Avoid breaking the continuity of the streetscape of large display windows. • Please refer to Section 3.1.4 for more information pertaining to window design. Transoms • Maintain the transom as an important part of the display window. Remove any obstructions such as air conditioning units that have been inserted into this space. Entryways and Doorways • Maintain or restore these recesses as an important part of the streetscape continuity. 3.1.3 Main Street Area - Storefront Design The ground floor should emphasize traditional patterns of articulation.Original windows and doors should be repaired if possible. Page 128 of 688 Page 129 of 688 44Brook McIlroy Inc. / McCormick Rankin Co. 3.1.4 Materials • Any repairs or renovations to heritage buildings or generally historic buildings, within the Central Area, should include materials similar to those found within original building facades. Masonry • Existing brick should always be retained when possible. • Brick and masonry repair should be undertaken using proper heritage materials and methods. • When possible, painted brick should be uncovered to expose the buildings original character. • Cleaning of buildings should occur in a non- destructive manner. Sand blasting and high pressure water blasting or excessive acid washes should be prohibited. • Replacement brick should be carefully selected to ensure its colour and texture is complimentary to existing brick. • Suburban ‘buff’ brick or salmon coloured brick is not acceptable. • New brick size and configuration conform to proper masonry units. The use of brick veneer is not acceptable. • When necessary, original masonry joints should be repointed to inhibit the entry of water and ice into the wall system. • Removal of old mortar should be performed with hand tools only. Appropriate lime mortar mixes matching original colour and sand, lime formula should be used. Modern mortars cause damage to older masonry. • Spalled stonework can be restored using professional epoxy-based fillers. For larger repairs, replacement stone may be required. Replacement stone should be selectively sourced to ensure a consistent match with the original stone. Use of precast concrete to replace stone is discouraged. • In some cases, existing brickwork can be treated with a masonry stain. It is recommended that the owner consult an architect, heritage consultant or the Tillsonburg Architectural Conservation Advisory Committee to deem whether the use of masonry stain is appropriate, and if so, which stain colour should be applied. Wood • Wood should be repaired rather than replaced whenever possible. Replacement, if necessary, should use the same species of wood. Windows / Glazing • Windows should be preserved where possible. • Replacement windows should duplicate the original in style, type and material. Existing brick should always be retained where possible. Page 130 of 688 45 Tillsonburg Central Area Design Study • Replacement windows, on the ground floor, should be transparent. Semi-tinted / opaque windows may be appropriate on upper floors to maintain privacy and to reduce heat gain. • Custom wood sashes can be produced by a local mill work shop to provide a near-perfect match to the original. • If an exact duplicate is not possible, install windows with similar operation and internal divisions. • The size, location or number of openings for windows on the main facades should not be changed, unless the property is being restored to its original appearance. • In cases where the interior has been renovated and the ceiling lowered, a bulkhead or valance can finish the ceiling edge against the window. Paint • Remove paint from buildings with an identified heritage character that were not painted initially. • Repaint buildings with an identified heritage character, that were originally painted, in colours matching the original selection. • Historic photographs and paint samples / fragments should be used to provide useful information. • When selecting paints to match the original colour, access and compare them under a variety of lighting conditions. • Paint can be used to reinforce effects of projecting and receding planes within a storefront row or on an individual buildings. Dark colours should be used for doors and window sashes and lighter colours should be used for surrounding frames. Spalled stonework can be restored using professional epoxy-based fillers. Large expanses of stucco and common aluminum, plastic and vinyl siding should be avoided. Page 131 of 688 46Brook McIlroy Inc. / McCormick Rankin Co. 3.1.5 Roofs, Cornices and Parapets • Roofs and flashings should be repaired to avoid water damage. Visible roofing elements clad in copper or galvanized steel should be replaced with similar materials. Where the roof structure allows, green roofs or terraces should be encouraged. • Where necessary, cornices and parapets should be repaired or replaced to their original configuration. Masonry walls should be exposed up to and including the parapet. Corrugated metal facing or modern prefinished materials applied to the parapet are discouraged. Where necessary, cornices and parapets should be repaired or replaced to their original configuration. Cornices and parapets are often subjected to deterioration due to weather exposure. • Non-traditional colours should be discouraged. Most traditional colours have a grey undertone to them. Accent Materials • Choice accent materials might be appropriate providing they complement and historic character of the street. Examples of acceptable accent materials might include: steel, copper, and painted or natural wood. Prohibited Materials • Certain materials should be prohibited when renovating heritage buildings, including un-matched brick, pre-cast concrete panel, uncomplimentary block, ceramic wall tiling, large expanses of stucco, and common aluminum, plastic and vinyl siding. Page 132 of 688 47 Tillsonburg Central Area Design Study 3.1.6 Awnings and Canopies • Awnings and canopies should be designed to match the main structural elements of the lower façade. They should also match the overall design of the storefront. • Retractable fabric awnings are preferred to metal, glass and wood awnings. The fabric of the awning should be comprised of colours that are traditional, of a durable fabric material, and should be designed to be in keeping with the Central Area’s heritage character. • A single style of canopy or awning should be used for the length of the building’s façade, regardless of how many storefronts exist within the frontage. • The name of the business may be printed on the awning. However, corporate awnings advertising particular products are discouraged. 3.1.7 Lighting • Fixtures should be selected to ensure that their design, location, intensity and emitted colour are appropriate for the historic character of the Central Area. The selection of lighting should also consider the impact on the public street lighting in the area. • Fixtures may be chosen from available replica styles appropriate to the architecture of the heritage buildings in the Central Area, or from contemporary designs that are compatible with it’s historic context. • Ground front windows should be illuminated at night to create a safe and warm environment and visual intrigue for pedestrians, however back-lit signs and indirect sign lighting should be discouraged as they are not in keeping with the identified heritage character of buidings. Please refer to Section 3.3 Signage for more information. Awnings and canopies should be designed to match the main structural elements of the lower facade. Fixtures may be chosen from available replica styles appropriate to the architecture of the heritage buildings. Page 133 of 688 Page 134 of 688 Page 135 of 688 50Brook McIlroy Inc. / McCormick Rankin Co. 3.2 NEW BUILDINGS & RENOVATIONS / ADDITIONS TO CONTEMPORARY BUILDINGS 3.2.1 Heights & Massing Minimum Building Heights • Within all character areas, new buildings should have a minimum height of 2 storeys (7.5 metres). Maximum Building Heights • Within the Main Street Area, new buildings and vertical additions to contemporary buildings should result in building heights no greater than 5 storeys (16.5 metres). • Within all character areas, where adjacent buildings have an identified heritage character, new buildings and vertical additions to contemporary buildings should result in heights of no more than 1 storey (4 metres) greater than the adjacent building with an identified heritage character. • Taller buildings, between 4 and 5 storeys (13.5 to 16.5 metres) should be considered at major intersections throughout the Main Street Area to reinforce the prominence of these locations. 3.2.2 Setbacks & Stepbacks Front Property Setbacks • Within all character areas, new buildings and additions to contemporary buildings should be built to the front property line or prevailing setback, established by neighbouring buildings. Front Property Stepbacks • Within the Main Street Area, new buildings and vertical additions to contemporary buildings should step back a minimum of 3 metres above the established streetwall height of 2 to 3 storeys (7.5 to 10.5 metres) and, in the case of the 4th and 5th storeys, a minimum of 3 metres from the storey beneath. This will ensure a consistent streetwall and limit its visual impact on the streetscape. Broadway Street should maintain a 2 to 3 storey streetwall.Stepbacks should be provided above the 3rd storey to maintain an appropriate sense of scale from the street. Through the future development of new buildings, and renovations and additions to contemporary buildings, opportunities exist to improve and extend the character of the Main Street Area along Broadway Street, to wrap the corners of flanking streets with appropriate active uses, to enhance the character of Secondary Commercial and Large Format Areas, to create appropriate transitions to surrounding Residential Areas, and to accommodate appropriate and context-sensitive intensification which will strengthen the vitality of the Central Area. The design of new buildings in areas with a heritage character, as identified on page _____, should be sympathetic to this heritage character without mimicking existing designs, and should incorporate complementary materials and architectural treatments. In areas without a significant heritage character, as identified on page ____, new buildings should be allowed greater design flexibility to incorporate contemporary materials and architectural treatments, while continuing to respect the existing architectural context of the Central Area. The following guidelines address both scenarios. Page 136 of 688 Page 137 of 688 52Brook McIlroy Inc. / McCormick Rankin Co. 3.2.3 Articulation & Detailing Façade Articulation • Remaining consistent with the existing articulation found within heritage character buildings will help to promote the area’s fine-grained heritage character by maintaining a rhythm of openings, recesses, projections and vertical and horizontal demarcations. • Within all character areas, where new buildings have frontages over 30 metres long, building massing should be articulated or broken up to express individual commercial or residential units through distinctive architectural detailing. This creates the sense of having multiple buildings along the length of the property. Vertical breaks and stepbacks should also be provided. • Primary building facades should not include blank walls. Blank side wall conditions may be acceptable if treated properly. The mitigate the impact of blank walls, they should be designed with a material finish that complements the architectural character of the main building facade. Blank walls are only appropriate on sites, where a blank wall is constructed to anticipate a future abutting development. Please refer to Section 3.2.6 for more information pertaining to appropriate material treatments. • New buildings, or renovations and additions to contemporary buildings, should generally be designed with continuous facades. • Within the Main Street Area, a significant amount of the building frontage on the ground floor should be glazed (minimum 60%) in order to provide views to indoor uses and to create visual interest for pedestrians. • Clear glass is preferred at-grade to promote the highest level of visibility. • WIthin the Main Street Area, building entrances can be expressed and detailed in a variety of ways including large entry awnings, canopies or double-height glazing. The articulation of a building facades plays a significant role in the pedestrian experience. Buildings are typically incorporate elements of both vertical and horizontal articulation. Page 138 of 688 53 Tillsonburg Central Area Design Study New buildings should incorporate appropriate elements of vertical and horizontal demarcation. Windows in new buildings may be made of pre-finished metal or wood so long as proportions and configuration are maintained. • Where residential or office uses are included above retail uses throughout the Main Street Area, Secondary Commercial Area, and Large Format Area, separate entrances should be provided. • New buildings, or additions or renovations to contemporary buildings, should incorporate architectural details such as vestibules, recessed entrances, covered walkways, canopies and awnings to provide weather protection. • Utilities, vents and other undesirable elements should be avoided on the lower levels of facades adjacent to the street or should be integrated into the architectural composition of new buildings. • Permanent opaque coverings on windows and doors that prevent views into buildings are discouraged. Vertical Demarcation • Within the Main Street Area, new buildings, or renovations and additions to contemporary buildings, should be designed to incorporate vertical bays that reflect the traditional width of storefronts in the Central Area (6 to 9 metres), thereby maintaining an appropriate scale of development. • Vertical divisions between bays may be demarcated using construction elements such as masonry coursing, changes in materials, changes in colour, projecting piers, pilasters or columns. Horizontal Demarcation • Each storey may be horizontally demarcated on the building façade through the use of projecting mouldings, intermediate cornices, changes in material, changes in colour and masonry coursing. • The façade should have a sign band cornice matching the height of nearby heritage character buildings. Roof cornice lines and floor lines should be compatible with neighbouring buildings. Grade Changes • New buildings, and renovations and additions to contemporary buildings, should maintain the staggered character of existing building facades, which result in response to grade changes. Page 139 of 688 Page 140 of 688 55 Tillsonburg Central Area Design Study 3.2.6 Materials New buildings, or renovations and additions to contemporary buildings, should utilize materials selected for their permanence, durability and energy efficiency. The first 2 to 3 storeys (7.5 to 10.5 metres) of new buildings, and additions to contemporary buildings, shall generally be comprised of either one or a combination of no more than two, of the following materials: • Brick; • Stone block or stone veneer; • Concrete panels; • Metal and metal panels. Painted steel columns and framing elements can be considered for storefront openings or the delineation of façade divisions; and glazed surfaces which are articulated in a manner that is sympathetic to that of traditional façades found in the area. Exterior building finishes should be durable, easy to maintain, and should reflect a high quality of workmanship. Materials for exterior cladding above the established street wall of 2 or 3 storeys (7.5 to 10.5 metres) may include: • High quality clear or lightly tinted glass curtain wall; • Wood; • Solid-coloured brick; • Natural or synthetic stone; • Architectural pre-cast concrete blocks/panels; and • Pre-fabricated metal panel systems. Building finishes and accents may include steel, copper, aluminium and/or metal panels and painted or natural wood. The rear of the building or any exposed sides should be finished in similar materials as the principal street façade, though usually with fewer decorative elements. Colour schemes for the new buildings should reflect those found on the original facades of heritage buildings within the Central Area. Materials to be avoided include: • Synthetic siding systems; • Mirrored/heavily tinted glass panels; • Unadorned concrete block; • Surfaces which imitate traditional materials in a different form (e.g., aluminium or vinyl siding with embossed wood graining, composite board materials); • Textured stucco; if stucco is used it should have a smooth surface and be limited to side walls, roof top additions and small areas of the main façade; and • Decorative marble or granite tiles unless used as accent materials in a storefront. Page 141 of 688 56Brook McIlroy Inc. / McCormick Rankin Co. Cornices should define the horizontal demarcation of the top of the second or third façade (upper cornice), as well as the top of the first floor (intermediate or lower cornice).Cornices and Parapets for new buildings, as well as renovations and additions to contemporary buildings, should include: • Strong projecting cornice shape, preferably with a raised parapet on the main façade; • Materials characteristic of the area, including brick, stone, and wood; and • Decorative finials (architectural device, typically carved in stone and employed decoratively to emphasize various distinctive ornaments of a building), signs plates or date markings. 3.2.7 Roofs, Cornices and Parapets • Roofs of new buildings, and additions to contemporary buildings, within the Main Street Area, are recommended to be flat, in keeping with the area’s existing architectural context. • Within all other character areas, peaked roofs are appropriate. Rooftops can include open space balconies and/or roof terrace green roofs in new structures where roof loading can be designed to accommodate such uses. • Rooftop additions for equipment on top of new buildings, or additions to contemporary buildings, should be set back far enough from the front or exterior façades in order to not be seen from the sidewalk on the opposite side of the street if possible. If this setback is not possible, rooftop equipment should be screened using appropriate building materials. Cornices and parapets should include materials which are characteristic of the area. Rooftop design should reflect the context of surrounding buildings. Page 142 of 688 57 Tillsonburg Central Area Design Study 3.2.8 Lighting • Nighttime light sources mounted on private buildings require regulation to consider the impact that lighting has on the public. Fixtures chosen should ensure that their design, location, intensity and emitted colour is appropriate for the heritage character of the Central Area. They should also consider the impact on the public street lighting in the area. • Fixtures may be chosen from available replica styles appropriate to the architecture of the heritage buildings in the Central Area, or from contemporary design that are compatible with the historic context. • Well-lit walk-ways through parking lots will also assist in creating a comfortable and safe pedestrian experience with the Central Area, particularly between the Main Street Area and adjacent Secondary Commercial Areas. 3.2.9 Awnings and Canopies • The use of retractable fabric awnings is encouraged for new buildings within the Main Street Area, where such awnings are more in keeping with the heritage character of the area. Fixed awnings are appropriate within all other character areas. The fabric itself should be made of colours that are traditional, of a durable fabric material, and should be designed to be in keeping with the heritage character of the Central Area. • Awnings and canopies should be designed to match the main structural elements of the lower façade. They should also match the overall design of the storefront or building entrance. • A single style of canopy or awning should be used for the length of the building’s façade, regardless of how many actual storefronts or entrances exist within the frontage. • Awnings will preferably be retractable, and not permanent. • The name of the business may be printed on the awning. However, corporate awnings advertising particular products are discouraged. Fixtures chosen should ensure that their design, location, intensity and emitted colour is appropriate. Awnings and canopies should be designed to match the main structural elements of the lower facade. Page 143 of 688 Page 144 of 688 Page 145 of 688 60Brook McIlroy Inc. / McCormick Rankin Co. 3.2.10 Large Format Commercial Buildings • It is recommended that the Town of Tillsonburg explore strategies to retain existing, and attract new, large format commercial tenants and major anchor stores within the Central Area. Building Design • Strategic measures can more wholly integrate large format commercial buildings into Tillsonburg’s fabric, resulting in a more continuous and lively streetscape throughout the Large Format Area. • All street frontages should contain storefront glazing and entrances that are reflective of the areas fine grain fabric. Expansive blank facades are strongly discouraged. • Large facades should be designed to incorporate bays that reflect the traditional width of a storefront, thereby maintaining an appropriate scale of development. The bays should break up the facade to incorporate architectural detailing, entrance features, recesses and projections. • Branding and signage, throughout the Large Format Area should be contextualized to fit the character of the rest of the Central Area. Building facades that are painted with corporate branding colours are discouraged and should not be permitted where fronting onto or flanking Broadway Street, or where visible from Broadway Street. • When possible, larger format building should be broken down into an appearance of multiple smaller buildings. Opportunities to provide more compact building forms should be considered. This will more closely resemble the contextual urban fabric of Tillsonburg. • Smaller retail units should line part of the principal building and have display windows and separate entrances. Strategic measures can more wholly integrate large buildings into the urban fabric of Tillsonburg’s Central Area. All street frontages should contain storefront glazing and entrances that are reflective of the areas fine grain fabric. Expansive blank facades are strongly discouraged. Page 146 of 688 61 Tillsonburg Central Area Design Study • The primary building entrance should face the street. Additional building entrances may be provided to improve building access. Site planning and building design should ensure a reasonable visibility of all building entrances to promote natural surveillance opportunities. • Shopping centres with internal access to multiple stores should also allow for street-side entrances. • The principal building entrance should be highly visible with features such as canopies or porticos, arcades and landscaping. • Predominant exterior building materials should be of a high quality, such as brick, wood or stone. Stucco, concrete block or E.I.F.S. panels can be used, but should be balanced with other high quality materials. • Exterior materials should be varied in colour and texture, where appropriate, to provide architectural interest. • New large format stores should build to the appearance of 2 storeys (7.5 metres), either through the incorporation of 2 functional storeys or the provision of a double-height single storey building. Fake / faux storeys are discouraged. Generally, stronger working should be incorporated for facades fronting onto Broadway Street. Setbacks • Setbacks of buildings to public streets should be minimized wherever possible. • Community amenities, such as seating areas, water features, and public art installations, should be considered within setbacks to a public street or specified site locations. Pedestrian Infrastructure & Streetscaping • Sidewalks should be provided on both sides of all adjacent public streets to facilitate pedestrian movement and access. The principle building entrance should be highly visible with features such as canopies or porticos, arcades and landscaping. New large format retail buildings should be built to the appearance of 2 storeys. Page 147 of 688 62Brook McIlroy Inc. / McCormick Rankin Co. • Where a continuous internal pedestrian walkway is provided from the perimeter public sidewalk to the principal store entrances landscaping, benches and pedestrian-scaled lighting should be provided. • Sidewalks should be provided along the full length of the building along any facade including a store entrance and along any facade abutting public parking areas. Continuous tree planting and/or other landscape treatments should be considered. • Internal pedestrian walkways should be distinguished from driving surfaces through the use of concrete or special paving to enhance pedestrian safety and the attractiveness of the walkways. Site Layout & Parking Areas • Large retail stores should be integrated into a consistent pattern of streets or private drives and blocks. • Large surface parking lots located between the front facade of the large format retail building and the primary abutting street should be discouraged. infill development along the street line should be promoted to reduce the visual impact of large format parking areas. • Parking areas should incorporate pedestrian walkways, where feasible, to enable safe and direct movement to principal customer entrances. • Landscaping islands and modules should be located, where feasible, at each end of a row of parking spaces. Predominant exterior building materials should be of a high quality.Sidewalks should be provided along the full length of the building along any facade including a store entrance and abutting public parking areas. Page 148 of 688 Page 149 of 688 Page 150 of 688 65 Tillsonburg Central Area Design Study 3.3 SIGNAGE 3.3.1 Heritage Consideration • All vintage signs from heritage buildings and generally historic buildings should be inventoried and protected. • Before removing and replacing an existing projecting sign, it must be determined that the sign has no historical merit, regardless of whether it was installed after the original construction of the building. • New signage should reflect Tillsonburg’s heritage character without necessarily replicating historic signage designs. • The installation of new signage on heritage buildings should only result in reversible changes. 3.3.2 Content • Signs should only advertise their respective business within. • Corporate signs, such as “Kit Kat”, “Coca-Cola,” etc., are discouraged. • Secondary signs, such as portable signs (sandwich boards) can add life to the street, but should be regulated by municipal licensing by-laws. • Window signs should be limited in size and should not block the view of interior window displays. New signage should be sympathetic to the heritage character of Tillsonburg’s Central Area. Window signs should be limited in size and should not block the view of interior window displays. Page 151 of 688 66Brook McIlroy Inc. / McCormick Rankin Co. 3.3.3 Discouraged Signage The objective of preserving and managing the heritage character of Tillsonburg’s Central Area indicates that signs should be purposeful, discreet, and of the highest quality. The following are sign types that should be prohibited in the Central Area, unless approved by Town Council: • Roof signs; • Pylon signs; • Any type of third party signage; • Inflatable signs; • Non-retractable, non-fabric awnings; • Obsolete or unsafe signs; • Handwritten signs; • Digital, electronic, neon or otherwise internally illuminated signs, except for small “open for business” signs in retail windows; • Buildings as signs; and • Signs attached to street furnishings. 3.3.4 Design and Proportion • The primary signage for the building should be located on the entablature (the horizontal band that separates the storefront windows from the upper façade). • The surface area of the entablature sign should not exceed 15% of the first storey wall area. • Sign lettering, graphics and colours should be selected to promote the heritage character of the Central Area, and should be visible from an appropriate distance based on the function and location of the sign. Sign lettering, graphics and colour should be selected to promote the heritage character of the Central Area. Signs should be purposeful, discreet, and of the highest quality. Page 152 of 688 67 Tillsonburg Central Area Design Study 3.3.6 Location • Signage on heritage buildings should be limited to the sign band, or historically reflective window signs that are applied to the storefront glass. • New buildings should incorporate signage to be an integral feature of the building façade, rather than a dominating overlay feature. • The building’s street address number should be placed in a predictable and readable location, and in close proximity to the building entrance. 3.3.5 Visibility + Lighting • Only externally lit signs should be allowed. If the light source is to be visible, the fixture design should be suited to the heritage character of the area and should be integrated well into the overall design of the sign. • Not all building signs need to be illuminated. Ambient lighting from the street may be adequate for night lighting. However, the building’s street address should be lit so that it can be easily identified at night time. Sign lettering, graphics and colours should be selected to promote the heritage character of the Central Area. New buildings should incorporate signage as an integral features of the facade design. Page 153 of 688 68Brook McIlroy Inc. / McCormick Rankin Co. 3.4 VEHICULAR PARKING & SITE ACCESS 3.4.1 Surface Parking • Large areas of interrupted parking should be avoided. • Planting strips, landscaped traffic islands and/or paving articulation should be used to define vehicle routes and smaller parking courts that provide pedestrian walkways, improve edge conditions and minimize the negative visual impacts of surface parking. • The amount of landscaping should be proportionate to the overall parking lot size, but generally, 1 tree for every 10 parking spaces is recommended. • Where parking areas are adjacent to the sidewalk, a landscaped buffer should be located between parked vehicles and the sidewalk. This buffer should be located within the private realm so as not to reduce the total sidewalk width. • Landscaping, or other parking area screening devices (i.e. fences), should not obstruct the primary building facade or total visibility of the parking area. • Distinctive pavement and/or markings should be used to indicate pedestrian pathways and crossings. • Pedestrian-scaled lighting should be provided along pathways to enhance visibility and security. • Preferential parking for bicycles, energy efficient vehicles and car-share services are encouraged. Service and drop- off area circulation should not interfere with pedestrian circulation. • Better direction, or a landscaped pedestrian ‘spine’, should be provided for large parking areas, including the lot immediately east of the Tillsonburg Town Centre Mall. • It is recommended that the surface parking lot, immediately east of the Tillsonburg Town Centre Mall, be reconfigured, allowing the existing parking lot entrance off of Lisgar Avenue to align with Elgin Street. In addition to creating a more desirable intersection condition, this realignment could incorporate a designated sidewalk or pedestrian connection, linking Lisgar Avenue to the entrance of the Shoppers Drug Mart and the Tillsonburg Town Centre Mall. Please refer to Appendix F: Summary of Transportation Analysis for more information. • It is recommended that the aisle of perpendicular parking, within the above mentioned surface parking lot, adjacent to the Tillsonburg Town Centre, adjacent to the Shoppers Drug Mart entrance, be removed and replaced with an extended pedestrian realm with a sidewalk treatment and boulevard along the length of the Shoppers Drug Mart frontage. This row has been problematic in causing traffic congestion as well as accidents involving pedestrians and motorists. It is recommended that the surface of the adjacent driveway / private road, be differentiated from adjacent driveways and roads through the use of a special surface treatment. This would reinforce the shared-use nature of the street. Please refer to Appendix F: Summary of Transportation Analysis for more information. • A high-level parking analysis was conducted as a component of the study, the findings of which are Analysis. The results of this study indicate that the surface parking Pedestrian walkways should be provided within surface parking lots. Page 154 of 688 69 Tillsonburg Central Area Design Study Structured parking should be developed with active at-grade uses to provide attractive facades, animate the streetscape and enhance pedestrian safety. 3.4.2 Structured Parking • The Town of Tillsonburg should give consideration to undertaking a study to determine an appropriate location for the long-term provision of a structured parking facility. • Structured parking should be developed with active at- grade uses to provide attractive facades, animate the streetscape and enhance pedestrian safety. • Vehicular access to the parking structure should be located at the rear and/or side of the building, away from main building frontages and major streets. • Pedestrian entrances for the parking structure should be located adjacent to the main building entrances, public streets or other highly visible locations. • Parking should be screened from view at sidewalk level and the ground level of the building should be enhanced through architectural detailing and landscaping. Structured parking areas should be screened from view to improve the interface between the building and adjacent streets. lots located on the east side of Broadway Street are 45- 55% unoccupied during the day, with several lots adjacent to Lisgar Avenue being virtually empty. Those lots west of Broadway Street are 10-20% unoccupied in the morning, and 15-25% unoccupied in the afternoon. Due to these high vacancy rates, it is recommended that the parking structure for the Central Area be reviewed, and that consideration be given to the introduction of pay parking, weekly/monthly pay permit parking, and to rescinding of the special levy by-law, which is allocated for parking lot reserve and maintenance. Please see Appendix F: Summary of Transportation Analysis for more information. • Its is recommended that measures to encourage downtown residential dwellings with no parking requirements be explored. Please see Appendix F: Summary of Transportation Analysis for more information. Page 155 of 688 70Brook McIlroy Inc. / McCormick Rankin Co. 3.4.3 Driveways • New driveways and curb cuts are not recommended for developments within the Main Street Area. All such developments should be accessed by existing rear lanes, new lanes, or adjacent properties. • Curb cuts should be minimized within all other character areas. This will increase opportunities for landscaping treatments and will create more continuous pedestrian access. • Service driveways should be coordinated with those of surface parking lots and delivery, loading and refuse areas should be coordinated and large enough to accommodate the needs of all users. • Corner lots should generally have driveway access from minor streets. • Permeable surfaces are encouraged to minimize runoff. • In Residential Areas, driveways, as well as curb cuts, should be no wider than the width of the garage, which should be limited to 50% of the width of the dwelling. Loading docks and service areas should be located at the side or rear of the building and should be screened from public view. Driveways should be no wider than the width of the garage, which should be limited to 50% of the width of the dwelling. 3.4.4 Servicing & Loading Areas • Loading docks and service areas should be located at the side or rear of buildings and should be screened from public view. • Servicing enclosures should be constructed of materials that complement the main building. • Service and refuse areas should be paved with an impervious surface of asphalt or concrete to minimize the potential for infiltration of harmful materials. • Service and refuse areas should not encroach into the exterior side or front yard setback. • Loading and servicing areas may occupy the full rear yard if adequate landscape edge and buffer treatments are provided. Page 156 of 688 71 Tillsonburg Central Area Design Study • Throughout the Central Area, including along Broadway Street, main residential building entrances should work in conjunction with any associated retail uses. Along Broadway Street, such entrances should be minimized in width so as not to detract from a building’s commercial presence at-grade. • In all cases, entrances can be expressed and detailed in a variety of ways including entry awnings, canopies or double-height glazing. Building entrances should promote visibility to interior lobbies to allow for safe and convenient arrival and departure from the building. • A variety of front door styles is encouraged, including some with glazing. The use of multiple pedestrian entrances is encouraged into the building at street level. • Encouraged covered main entrance features in the Entrepreneurial District include front porches, porticos, verandahs, and recessed entries. • Public spaces with seating are encouraged near entrances for buildings along Broadway Street. • In multi-tenant developments, the use of multiple pedestrian entrances is encouraged into the building at street level. • Windows should be coordinated with the design of building entrances and waiting areas in order to reinforce exposure between indoor and outdoor spaces. • Steps and ramps should be architecturally integrated with building entrances, and should conform to the policies of the Ontarians with Disabilities Act (2005). Windows should be coordinated in the design of the building entrance in order to reinforce exposure between indoor and outdoor spaces. 3.4.5 Building Entrances Page 157 of 688 72Brook McIlroy Inc. / McCormick Rankin Co. 3.5 SUSTAINABILITY 3.5.1 Building Design • New buildings should be encouraged to seek Leadership in Energy and Environmental Design (LEED) certification, or an equivalent design standard. • New buildings are encouraged to reduce the energy consumption of both building and site systems (e.g. HVAC, hot water, lighting, etc.) through the use of appropriate mechanical and construction technology (e.g. natural cooling, light recovery, passive solar design, etc.). • Mixed-use, commercial and apartment buildings should provide flexibility in the building floor plate, height, envelope and facade design to accommodate a variety of uses over their lifespan. • Vegetated or “green” roofs are recommended, especially in areas with minimal landscaping, to minimize water runoff, improve building insulation, and provide additional outdoor amenity areas. • Water use reduction technologies are encouraged, including water-efficient appliances, such as aerators, low-flow shower heads, dual-flush toilets, front- loading washers, waterless urinals and high-efficiency dishwashers. New buildings should be encouraged to seek LEED certification, or an equivalent design standard. • Waste water technologies, such as rain barrels or cisterns, are encouraged in new buildings to collect and filter rain water to be recycled for non-potable domestic use. • All buildings should have conveniently located waste management facilities to support the separation of waste into different streams (e.g. compost, paper, plastics, etc.). • Where possible, construction materials should be recycled to reduce the environmental impacts of extracting and manufacturing new materials. If there are no salvageable materials available, efforts should be made to purchase materials from demolition sales, salvage contractors and use material dealers. • New construction materials should be locally sourced to reduce the impact of transportation. Canadian products are generally designed to withstand our climate. • Construction materials should be durable and consider life cycle costing to avoid premature replacement. Waste water technologies, such as rain barrels or cisterns, are encouraged to collect and filter rain water to be recycled for non-potable domestic use. Page 158 of 688 73 Tillsonburg Central Area Design Study 3.5.2 Site Design & Landscaping • Site design should minimize impervious hard surfaces. The surface area of driveways and parking areas should be as small as possible within allowable standards. • Porous pavement, and landscaped areas with adequate size and soil conditions, should be maximized to capture roof drainage and increase the total amount of water run-off absorbed through infiltration. • Existing significant trees and vegetation should be protected and incorporated into site design where feasible. • Recommended landscape materials should include species that are native to Tillsonburg and non- invasive, as well as species that are generally drought resistant and require minimal maintenance. • Landscape design should incorporate strategies to minimize water consumption (e.g. use of mulches and compost, alternatives to grass and rainwater collection systems). Vegatated or “green” roofs are recommended, especially in areas with minimal landscaping. • In large surface parking areas, vegetative or grassy swales should be incorporated on the perimeter of the site to catch storm water. These drainage basins should be planted with native plan materials that thrive in wet conditions (swales should be designed to not impede pedestrian flows). • Well-drained snow storage areas should be provided on site in locations that enable melting snow to enter a filtration feature prior to being released into the storm water drainage system. • Buffer landscaping should be provided for surface parking areas, to soften the edge between the parking area and adjacent sidewalks. • Shade trees should be provided adjacent to pedestrian walkways, and coniferous trees and shrubs should be provided, where necessary for weather mitigation, provided such landscaping allows for appropriate opportunities for casual surveillance. Porous pavement, and landscaped areas with adequate size and soil conditions, should be maximized. Page 159 of 688 74Brook McIlroy Inc. / McCormick Rankin Co. Public Realm Guidelines 4.0 / Page 160 of 688 75 Tillsonburg Central Area Design Study 4.1 VEHICULAR & PEDESTRIAN CIRCULATION 4.1.1 Travel and Dedicated Bicycle Lanes • Travel lanes provide for the movement of vehicles travelling from one destination to another. • Dedicated bicycle lanes are recommended within the Central Area for the length of Rolph Street between Concession and Baldwin Streets; the length of Bridge Street between Rolph Street and Lisgar Avenue; and the length of Lisgar Avenue between Concession and Brock Streets. These dedicated bicycle facilities should be accommodated within the existing travel lane. • It is recommended that the Town of Tillsonburg undertake a comprehensive Cycling Master Plan in order to determine preferred route locations and phasing strategies. New dedicated bicycle lanes are recommended for portions of Rolph Street, Bridge Street, and Lisgar Avenue. • Bicycle racks should be placed in highly active pedestrian areas within proximity to Broadway Street. This includes the main entrances of buildings and at key nodes or intersections. • The placement of bicycle racks within the pedestrian realm should not impede pedestrian movement. • Bicycle racks should be constructed of a good quality, single locking ring and post design. • Bicycle racks should generally be installed at regular intervals to promote non-motorized transportation. • A post-and-ring design constructed of aluminum or galvanized steel is preferred as larger units can impede pedestrian movement and snow clearing. • The number and configuration of bicycle racks at any location should be evaluated on a case-by-case basis. A posot-and-ring design constructed of aluminum or galvanized steel is preferred. 4.1.2 Bicycle Racks Page 161 of 688 76Brook McIlroy Inc. / McCormick Rankin Co. • Short-term or visitor bicycle parking should be sheltered and located near building entrances and pedestrian walkways. Ensure that these locations do not impede pedestrian circulation when bicycles are parked. • Bicycle parking that only supports the wheel is not permitted. Only bicycle parking that allows frame support is acceptable. • For long-term bicycle parking, provided as part of a new development, parking spaces must be accessible, secure and weather protected. The number and configuration of bicycle racks at any location should be evaluated on a case-by-case basis. 4.1.3 On-Street Parking Lanes • On-street parking lanes should be provided wherever possible throughout the Central Area, as they will provide significant visitor parking while promoting walking and slowing vehicular traffic, thereby improving pedestrian safety. • On-street parking lanes can be utilized as short-term loading spaces for small retail uses. • The location of designated on-street accessible parking should take into account accessibility from the street level to the boulevard / sidewalk. This necessitates a curb cut be accessible in close proximity to the accessible parking space(s). • If the on-street parking lane is book-ended by bump-outs at intersections, impeding access to the pedestrian curb cut, then a section of recessed curb directly beside the accessible parking spaces may be necessary. On-street parking lanes should be provided wherever possible throughout the Central Area. Page 162 of 688 77 Tillsonburg Central Area Design Study • Side street on-street parking opportunities should be maintained adjacent to Broadway Street, and opportunities for additional on-street parking facilities, on nearby streets, should be explored. • Bumpouts should be considered to break the continuity of on-street parking areas, and to provide valuable space for street trees, street furnishings and street furnishings. • Ensure that pedestrians at courtesy or signalized crossings are easily seen by motorists. This can be accomplished by not permitting on-street parking adjacent to the crosswalk, or by establishing a bumpout at such locations. • It is recommended that the angled parking along the south side of Ridout Street, between Broadway and Harvey Streets, be converted to on-street parallel parking, and that the paved surface be reduced in width to allow for wider, and continuous, sidewalks on either side of the street. Please refer to Appendix F: Summary of Transportation Analysis for more information. • A high-level parking analysis was undertaken as a component of this study. The analysis revealed that a higher proportion of on-street parking spaces were vacant, throughout the course of the day, east of Broadway Street, when compared to those west of Broadway Street. Due to these high vacancy rates, it is recommended that the parking structure for the Central Area be reviewed, and that consideration be given to the introduction of pay parking, weekly/ monthly pay permit parking, and to rescinding of the special levy by-law, which is allocated for parking lot reserve and maintenance. Please see Appendix F: Summary of Transportation Analysis for more information. Side street on-street parking opportunities should be explored adjacent to Broadway Street. Bumpouts should be considered to break the continuity of on-street parking areas, and to provide valuable space for street trees and street furnishings. Page 163 of 688 Page 164 of 688 79 Tillsonburg Central Area Design Study 4.1.5 Boulevards • The boulevard provides a buffer between the sidewalk and vehicular traffic. The boulevard contains planted and hardscaped areas with the potential for site furnishings such as benches and bicycle locks. • The boulevard should be hardscaped, and should be designed to be low maintenance and durable. Hardscaping can have a material or textural difference from the sidewalk to visually differentiate it. • The boulevard is recommended to be a minimum of 1.5 metres in width, and should be placed between the sidewalk and the roadway wherever possible. • Wherever possible, the boulevard should contain a linear planting of street trees in clustered tree trenches to encourage longevity and viability. Through future The boulevard provides a buffer between the sidewalk and vehicular traffic. The boulevard contains planted and hardscaped areas with the potential for site furnishings such as benches and bicycle locaks. streetscape improvements, existing overhead utilities should be buried in an underground utility trench, where feasible. • Street tree locations should be coordinated with utilities to minimize root pruning during utility maintenance and to ensure optimum tree growth. • All street furniture or signage elements should be located within the boulevard, and should not impede travel within the adjacent sidewalk. • Consideration should be given to maintaining appropriate site distances at intersections. This can be accomplished by avoiding the use of large trees that may reduce visibility. Page 165 of 688 Page 166 of 688 81 Tillsonburg Central Area Design Study 4.1.7 Sidewalks • The sidewalk is the portion of the street dedicated expressly to walking. The area must remain clear, both horizontally and vertically, for the movement of pedestrians. The sidewalk is located adjacent to the boulevard, and should be adjoining a 1.0 metre wide Transition Zone where desirable. • The sidewalk is recommended to be a minimum of 1.8 metres in width, and should be combined with a 1.0 metre wide Transition Zone where possible. • The preferred material for the sidewalk is poured in place concrete with a broom finish for traction, in keeping with the policies of the Ontarians with Disabilities Act (2005), although other materials can be considered as required. • The sidewalk should be continuous and provided along both sides of all streets within the Central Area. A visual contrast between the sidewalk and the street should be implemented through the use of appropriate materials. The sidewalk is the portion of the sidewalk dedicated expressly to walking. • Sidewalks should be graded and scored at intersections to provide barrier-free access for people with physical and visual impairments. • Seating and retail spill out spaces should not be permitted within the sidewalk. These uses should be provided within the Transition Zone. • Overhead signage and canopies should not be located any lower than 2.4 metres above the grade of the roadway, but should be allowed to provide shelter above the clearway. • Signage boards within the sidewalk should not be permitted when a Transition Zone is provided. Sidewalks should be continuous and should be provided along both sides of all streets within the Central Area. Page 167 of 688 82Brook McIlroy Inc. / McCormick Rankin Co. • New recreational trails should connect to existing trail networks, streets, parks, open spaces and natural heritage features to create a linked trail network that provides pedestrians and cyclists with connections and recreation opportunities. • Trails should link to core activity areas including the Main Street Area, Secondary Commercial Areas, Large Format Area, and nearby Residential Areas. They should create strong links between all character areas, parks and open spaces, and natural heritage features. • The design of the recreational trail should reflect the function and nature of the type of open space it occupies. However, trail widths should range between 3 and 4 metres wide to allow for two-way cyclist and/ or pedestrian passage. • Multi-use trails should be designed to distinguish between walking and cycling areas to minimize conflicts. 4.1.8 Multi-Use Trails • Nature Trails should include multiple access points. The design of access points should consider that people arrive by a variety of means, including car, foot or bicycle. Entrances should also be designed to accommodate persons with physical disabilities and therefore include stable yet permeable surfaces. • Where appropriate, trails should include adequate amenities, such as seating, waste receptacles, lighting, signage, route information, and educational and historic information. Amenities should be designed according to site-specific conditions. • Trails located within sensitive natural environments, such as the ravines on either side of Lisgar Avenue, should be constructed of low impact materials that are porous and stable, such as crushed rock, wood chip paths, or boardwalks. All trails should be designed according to site-specific conditions. The design of the multi-use trail should reflect site-specific conditions.The design of multi-use trails should distinguish between walking and cycling areas to minimize conflicts. Page 168 of 688 Page 169 of 688 84Brook McIlroy Inc. / McCormick Rankin Co. 4.2.3 Natural Heritage Features • Key natural heritage features, located on the periphery of the Central Area, should have strong visual and physical links to parks and open spaces within the Main Street Area, as well as natural environmental features, including valleys and watercourses. • A significant amount of the perimeter (greater than 50%) of natural features should be bounded by streets and/or open spaces, as opposed to private residential development to maximize public access, and significant views while increasing ecological awareness. Direct visibility and access to woodlands, stream corridors, and other natural features should provide area residents and local schools with opportunities for outdoor education. However, access should be restricted where necessary. • Sensitive environmental features must be adequately buffered and linked to other features to ensure that the natural heritage system is protected, enhanced and restored, and that ecological systems are not negatively affected through intensification. • Opportunities to develop appropriately designed higher density buildings adjacent to natural features should be explored to maximize views and awareness of the landscape. Such developments must be appropriately set back from the natural features and must demonstrate compatibility with adjacent land uses with respect to sunlight access, views and privacy. • Natural drainage networks must be maintained to retain functional surficial drainage and watercourses and to support storm water management infrastructure such as storm water management ponds. • Streets and paths should be used to connect adjacent natural areas. Streets and paths should be used to connect adjacent natural areas.Natural drainage networks must be maintained to retain functional surficial drainage. Page 170 of 688 Page 171 of 688 Page 172 of 688 87 Tillsonburg Central Area Design Study 4.3.1 Pedestrian-Scaled Lighting • Pedestrian-scaled lighting should be designed to be attractive, producing a special streetscape character, enhancing the pedestrian environment and improving the perception of pedestrian safety. • Pedestrian-scaled lighting may be designed as a freestanding fixture or be building mounted to reduce clutter in the boulevard. • Pedestrian-scaled lighting can be located within the boulevard or within the Transition Zone if they are affixed directly to building. • Additional lighting should be considered in areas with higher volumes of pedestrian activity, including key intersections, Broadway Street, green streets, etc. • Street and pedestrian-scaled lighting systems should incorporate LED technology to reduce energy and maintenance demand. Pedestrian-scaled lighting should be designed to be attractive, producing a special streetscape character. 4.3 STREETSCAPE AMENITIES 4.3.2 Street Furnishings • Street furnishings are elements that contribute to the safety, comfort and utility of public space. Street furnishings include seating, parking metres, bicycle racks, newspaper boxes, waste receptacles, planters, and mail boxes. • Streetscape furnishings are an important element of boulevard design, but their inclusion also provides important amenities that support pedestrian and transit use. • It is desirable to place street furnishings in a coordinated manner that does not obstruct the sidewalk or vehicular circulation to laneways, parking, loading and/or service areas. • Street furnishings should have a consistent theme and contemporary feel, and should be designed to allow pedestrians to feel safe and want to linger in the space. • Preference should be given to furniture made of durable, renewable, locally produced materials. • Only publicly owned and maintained furniture should be located within the public right-of-way. Street furnishings are elements that contribute to the safety, comfort and utility of public space. Page 173 of 688 88Brook McIlroy Inc. / McCormick Rankin Co. 4.3.3 Public Art • An exposition of Tillsonburg’s history should be created with public art, choice of nomenclature, selection of materials and distinguishing architecture. Designs should aim to be functional as well as aesthetically pleasing. • The Town of TIllsonburg should develop a public art strategy for the Central Area to identify appropriate locations and subject for public art, and to develop financial and legal tools to support it. • Public art that educates and informs about the vision and values of the Central Area should be located in An exposition of Tillsonburg’s history should be created with public art. areas such as parkettes and open spaces, street intersections, courtyards, gardens and public buildings, and should not be placed within the sidewalk unless embedded in the sidewalk. • The public art program should encourage functional pieces that demonstrate sustainable technologies, building materials and design techniques. • Nomenclature of streets, places, pavilions and buildings should reference the history of the Central Area. • Opportunities to integrate public art into streetscape or architectural elements should be pursued. The Town of Tillsonburg should develop a comprehensive public art strategy. Page 174 of 688 89 Tillsonburg Central Area Design Study Page 175 of 688 90Brook McIlroy Inc. / McCormick Rankin Co. Demonstration Sites 5.0 / Page 176 of 688 91 Tillsonburg Central Area Design Study Existing Conditions: This demonstration site is located on the southwest corner of the intersection of Broadway and Bridge Streets. The site contains a small urban plaza with a limited number of benches, a hardscaped surface, and a three storey red brick clock tower. The tower is a significant gateway feature, marking the entrance to the Central Business District to the south. A large surface parking lot surrounds the plaza to the south and west. The southern portion of the lot is the site of a recent demolition, and remains unpaved. The site is accessible by an adjacent rear lane, immediately to the west. Vision: The vision for this site is to develop a new mixed- use building and expand the existing clock tower plaza. This site has the opportunity to create a strong northern gateway to Tillsonburg’s heritage main street character. By extending the streetwall to the north, a continuity is created within the street that terminates at a muti-functional open space. The expanded open space provides opportunity for a Town Square where civic year round events can occur. Patios and other spillover uses would line the southern edge of the expanded plaza, creating a sense of animation. Parking and servicing would be provided to the redevelopment on-site, and would be accessible by way of an adjacent rear lane. Development Concept: The concept for this demonstration site includes the expansion and further programming of the existing plaza and the redevelopment of adjacent surface parking lots at a suitable scale with an appropriate mix of uses. The expanded plaza would include a mix of landscaped and hardscaped surfaces with a number of trees, shrubs, and other plantings. Hardscaped surfaces would be concentrated in high traffic areas, to accommodate greater pedestrian volumes, while landscaped surfaces would be concentrated in those areas where significant through- traffic is not anticipated. The plaza would incorporate a variety of furnishings including benches, waste receptacles and pedestrian-scaled lighting. The redevelopment, adjacent to the plaza, would take the form of an “L” shaped building. The southeast wing of this building would incorporate commercial uses including shops, cafes and restaurants, with frontage along Broadway Street as well as the adjacent plaza. A 5.1 CLOCK TOWER / PLAZA SITE The purpose of this section is to demonstrate the development feasibility of key sites within Tillsonburg’s Central Area. The demonstration sites are not specifically identified or slated for development. The illustrations provided are highly conceptual, and are not indicative of the materials, detailing, windows, or other building materials which would be incorporated into a future building. Page 177 of 688 Page 178 of 688 93 Tillsonburg Central Area Design Study Existing Conditions: This demonstration site is located on the southeast corner of the intersection of Broadway and Bridge Streets. The site contains a small landscaped berm at the corner, and a large surface parking lot throughout the remainder of the site. The lot is associated with the adjacent Tillsonburg Town Centre Mall, immediately to the south. The site is accessible by Bridge Street, immediately to the north. Vision: The vision for this site proposes to frame the adjacent streets with a mixed-use residential commercial building. The development proposes to continue the retail character of the Town Centre northwards but in 3-5 storey building form that is more in keeping with the rest of the heritage areas. Building out the eastern side of Broadway in this area (north or south of Bridge Street) will be essential to establish a strong entrance into the downtown. A small urban plaza is proposed at the intersection of Bridge and Broadway Streets, this plaza is designed to reflect the transition into a more urban centre and respond to the irregular block configuration. New commercial uses along Broadway Street would include a mix of shops, restaurants and cafes. The plaza would contain spillover spaces. The redevelopment would be linked to the adjacent surface parking lot by way of a mid-block pedestrian connection, with secondary retail entrances. Development Concept: The concept for this demonstration site includes the redevelopment of the portion of the surface parking lot adjacent to Broadway Street at a suitable scale with an appropriate mix of uses, the establishment of an urban plaza and gateway feature at the intersection of Broadway and Bridge Streets (complementing the clock tower parkette to the west), and the provision of a mid-block pedestrian connection between Broadway Street and the adjacent surface parking lot. The redevelopment would incorporate commercial uses including shops, cafes and restaurants along the Broadway Street frontage, and would wrap the corner at Bridge Street, providing additional frontage onto the adjacent plaza. Secondary commercial entrances would be provided along the south side of the building, and would be made accessible through an enclosed mid- block pedestrian connection, linking pedestrians between Broadway Street and the adjacent surface parking lot. The 5.2 TILLSONBURG TOWN CENTRE MALL SITE The purpose of this section is to demonstrate the development feasibility of key sites within Tillsonburg’s Central Area. The demonstration sites are not specifically identified or slated for development. The illustrations provided are highly conceptual, and are not indicative of the materials, detailing, windows, or other building materials which would be incorporated into a future building. Page 179 of 688 Page 180 of 688 95 Tillsonburg Central Area Design Study Existing Conditions: This demonstration site is located on the southeast corner of the intersection of Broadway and Oxford Streets. The site contains a parkette with a civic sculpture, a mix of hardscaped and landscaped surfaces, and a limited number of benches. A surface parking lot surrounds the parkette to the south and east. The lot is associated with an adjacent 2 storey commercial building, located to the south. The commercial building occupies the length of the demonstration site (east to west), with a primary frontage along Broadway Street and secondary entrances facing the surface parking lot to the north. A second surface parking lot is located immediately south of the commercial building. The site is accessible by Broadway Street as well as an adjacent rear lane. Vision: The vision for this site is to create a community park with a mix of activities for all ages. The redevelopment proposes a new senior’s residences with a commercial ground floor facing onto Broadway Street. The open space will provide a much need activity anchor on the south side of Broadway’s heritage main street that will draw residents and visitors along the length of the entire retail street. The existing parkette could be expanded to bookend the south end of the Central Business District. The redevelopment could take the form of a mid-rise building, with active sues along Broadway Street as well as along the edge of the parkette. Balancing the formal character of the proposed Town Square to the north the Community Park will provide a bit of breathing space from the bustle of the retail main street while supporting the needs of local residents. Development Concept: The concept for this demonstration site includes the expansion and further programming of the existing parkette and the redevelopment of the adjacent parking lots and commercial building at a suitable scale and with an appropriate mix of uses. The expanded parkette would include a mix of landscaped and hardscaped surfaces with a number of trees, shrubs, and other plantings. Hardscaped surfaces would be concentrated in high traffic areas, to accommodate greater pedestrian volumes, while landscaped surfaces would be concentrated in those areas where significant through-traffic is not anticipated. The parkette would incorporate a variety of furnishings including benches, waste receptacles and pedestrian- scaled lighting. It would also feature a sculpture / public art feature, as well as water features such as a reflection pond or splash pad. 5.3 CIVIC SCULPTURE / PARKETTE SITE The purpose of this section is to demonstrate the development feasibility of key sites within Tillsonburg’s Central Area. The demonstration sites are not specifically identified or slated for development. The illustrations provided are highly conceptual, and are not indicative of the materials, detailing, windows, or other building materials which would be incorporated into a future building. Page 181 of 688 Page 182 of 688 97 Tillsonburg Central Area Design Study Page 183 of 688 98Brook McIlroy Inc. / McCormick Rankin Co. Implementation Recommendations 6.0 / Page 184 of 688 99 Tillsonburg Central Area Design Study 6.1 INTRODUCTION The vision for Tillsonburg’s Central Area will need to be implemented through policy and process amendments (including the application of provincial policy tools), integrated and collaborative design review processes, and Town and local leadership that is committed to the vision for the Central Area and its phasing plan. As some of the guidelines recommend a change in current practices and services, the cost and operational implications of these changes should be monitored as part of the overall implementation process. Budgeting for the potential cost of operational changes will form an important element of the implementation of the Central Area Design Study. Guidance from the Province is provided through policy documents such as the Provincial Policy Statement that can help to shape and direct urban growth and its character. Policy and process amendments will be necessary to take the appropriate recommendations of this document and incorporate them into the existing planning framework. To implement the recommendations of this document, an integrated design process will be required to ensure that new development is in keeping with the quality and character necessary to achieve the vision. The review of development proposals for the study area can be undertaken in a number of ways, including, but not limited to, the establishment of a ‘design review panel’, through a peer review of proposed development, or an evaluation matrix. Outlined in the section that follows are tools and techniques that are available to the Town for implementation. The success of the guidelines in positively shaping new development will be directly related to the implementation process. 6.2 POLICY & PROCESS AMENDMENTS 6.2.1 Directing Growth Section 2.0 of this document identifies character areas and provides an overview of the future development of the Central Area. It is essential that the policy framework reflects this vision and provides clear directions for land owners and developers. Key recommendations include: • The vitality of retail commercial uses should be maintained within the Main Street and Secondary Commercial Areas. Growth in these areas should include public uses such as retail on the ground floor and residential or office above. Along Broadway Street all future development will be designed with a ‘retail character’ ground floor. • The large format retail areas should, where possible, direct growth to the edges of properties to frame the street and provide a visual barrier to parking lots. • Future residential intensification (buildings that are 100% residential) should be directed to the surrounding residential areas or within the Secondary Commercial Area to provide an appropriate transition to the adjacent residential areas. Page 185 of 688 100Brook McIlroy Inc. / McCormick Rankin Co. 6.2.2 Planning Act Tools The Planning Act provides several tools for municipalities to shape the character and design of urban form. These tools include establishing Minimum and Maximum Standards in the Zoning By-Law, Height and Density Bonusing, incentives in Community Improvement Plans, Site Plan Controls (with exterior design controls), reduction in cash-in-lieu or land dedication and the possible integration of a Development Permit System. Outlined below are summaries of the tools that best address the needs of the Town of Tillsonburg. Minimum / Maximum Height Standards in Zoning (Section 34) This would include determining minimum and maximum building heights for those areas as recommended in the Central Area Design Study. The establishment of minimum and maximum heights in the Town’s Zoning By-Law will be essential for maintaining and enhancing the character of the Central Area as well as encouraging increased density in appropriate areas. Height and Density Bonusing (Section 37) The addition of height and density to development needs to be considered on a site-by-site basis as any such increases would typically exceed the prescribed zoning regulations. If a development proposal requires additional density, then the application should be accompanied by a planning rationale report and an urban design study/brief to rationalize the additional height and/or density. These studies should demonstrate that: • the proposed development will establish a positive precedent for the Central Area; • shadow impacts on adjacent properties are minimized; • the building design and character fits with the future vision for the Central Area; and • the proposed development contributes positively to the public realm. The studies should, at a minimum, contain the following: • a detailed description of the proposed development including materials, building massing, interfaces between public and private areas, etc.; • a review of the existing policy framework; • parking impacts will be minimally affected in the immediate area; • pedestrian and vehicular movements, flows and impacts on the surrounding precinct will not be hampered, especially for those who require accessibility provisions; • landscaping and street illustrations of the site; • a review of existing and future land uses; • a review of surrounding heritage character buildings; • a shadow study illustrating the effects of the proposed development on its surroundings; and • 3D modeling of the development within the context of existing development in the area. Height and Density Bonusing affords additional development rights in exchange for the construction or installation of public realm improvements (e.g. public art, sidewalk improvements, etc.) and/or new community facilities (e.g. parks, daycare, community centres, etc.). This is a demand drive tool where the demand for development is sufficient to support an environment where the added community amenity is covered by the added value of having additional development rights. In instances where publicly accessible spaces are established on private property, such spaces shall be constructed to the same standards as municipal sidewalks. Bonusing can have community benefits but the impacts of the proposed additional height or density will need to be reviewed and justified from an urban design approach. In addition, Height and Density Bonusing presents a challenge when applied from within “form-based” zoning areas or possible Development Permit Areas, as these processes already incorporate flexibility. Page 186 of 688 101 Tillsonburg Central Area Design Study Site Plan Control - Implemented with Exterior Design Control (Section 41) Exterior Design Control is an essential tool in shaping the character, material choices, and design of new buildings and developments. It allows the Town to implement the recommendations put forth by the Central Area Design Study through a mandatory review and commenting process. When a development proposal is being processed using the suggested Design Checklist, Town Staff will be able to review the appropriateness of a building’s design and determine what amendments, if any, are needed. The current Site Plan Control By-Law should be amended to implement the recommendations of these urban design guidelines and the resulting amended Zoning By-Law and Official Plan. This allows the Town to comment on matters relating to exterior design. Community Improvement Plan (Section 28) To assist in the implementation of these Guidelines, additional tools may be available to proponents and property owners through a Community Improvement Plan approved by the Town of Tillsonburg and/ or County of Oxford. A Community Improvement Plan (or “CIP”) is a planning tool that establishes a long-term and comprehensive strategy for improvements within a defined area of a municipality, based on a defined need or set of needs (which could include implementation of the recommendations of this Design Study). Once a CIP has been adopted by the municipality and comes into effect, the municipality may use the tax assistance powers afforded by the Municipal Act and by Section 28 of the Planning Act. In regard to the latter, the municipality may: 1. acquire, hold, clear, grade or otherwise prepare land for community improvement; 2. construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan; 3. sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan; and 4. make grants or loans, conforming with the CIP, to registered owners, assessed owners, or tenants within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the CIP’s eligible costs. The Planning Act specifies that for the grants or loans made under a CIP the eligible costs may include costs related to: environmental site assessment and remediation; development or redevelopment; construction and reconstruction of lands and buildings for rehabilitation purposes; and construction and reconstruction of lands and buildings for the provision of energy efficient uses, buildings, structures, works, improvements or facilities. The total value of all grants and loans made under the Planning Act and the tax assistance provided under the Municipal Act respecting the land and buildings cannot exceed the eligible cost of the CIP with respect to those lands and buildings. Community Improvement Programs encourage business and property owners to enhance and promote the downtown’s unique character and identity and help to develop a more coherent, creative and attractive appearance within the downtown. Official Plan Amendments It is recommended that the Official Plan be amended in a timely manner to reflect the relevant recommendations of the Tillsonburg Central Area Design Study in order to establish a long-term design framework for the Central Area. In addition to the detailed study that has been completed for Tillsonburg, the County of Oxford has also initiated a Community Design Strategy that will serve to provide a broad County-wide framework for the implementation of best practices in urban design. It is anticipated that the broader County strategy, together with the detailed Tillsonburg Central Area Design Study, will provide a foundation of key design considerations that will be integrated into the land use planning policies for Tillsonburg. Page 187 of 688 102Brook McIlroy Inc. / McCormick Rankin Co. 6.2.3 Zoning Amendments As a result of these design guidelines there are several amendments to the Zoning By-Law that should be considered. The following chart provides a summary of those amendments. # Recommended Zoning By-Law Amendment 1.0 Renovations/ Additions to Heritage Character Buildings 1.1 Additions to heritage buildings shall be limited to no more than a single storey above the existing height to a maximum of 5 storeys (16.5 metres), and shall maintain the contextual floor-to-floor height. 1.2 Additions to heritage buildings, above the established streetwall height of 2 to 3 storeys, shall step back a minimum of 3 metres from the established streetwall. 2.0 New Buildings & Renovations/ Additions to Contemporary Buildings 2.1 New buildings shall have a minimum height of 2 storeys. 2.2 New buildings in the Main Street Area shall adhere to a 2 to 3 storey streetwall, stepping back a minimum of 3 metres to a maximum height of 5 storeys (16.5 metres). 2.3 The streetwall height of new buildings adjacent to a recognized heritage building shall be no more than 1 storey (4 metres maximum) greater than its heritage neighbour. 2.4 Within the Main Street Area, side property stepbacks above the streetwall shall be a minimum of 5.5 metres. 2.5 The floor-to-floor height of the ground floor shall be 4.5 metres in the Main Street Area, Secondary Commercial Area and Large Format Area, and 3.25 metres in the Residential Areas. 2.6 Large format buildings shall build to the apprearance of 2 storeys. 3.0 Signage 3.1 The surface area of entablature signs shall not exceed 15% of the first storey wall area. 4.0 Vehicular Parking & Site Access 4.1 Surface parking lots shall provide a minimum of 1 tree for every 10 parking spaces. 4.2 In Residential Areas, driveways and curb cuts shall be limited to 50% of the width of the dwelling. 5.0 Vehicular & Pedestrian Circulation 5.1 Structures adjacent to a rear lane shall be set back a minimum of 0.5 metres from the lane. Page 188 of 688 103 Tillsonburg Central Area Design Study 6.3 COMMUNITY IMPROVEMENT STRATEGIES 6.3.1 Blank Facade Strategy There are several streets and buildings within the Main Street, Secondary Commerial and Large Format Areas that are located in proximity to extensive blank facades exhibiting limited character. These areas are typically characterized by high rental/business turnover and reduced pedestrian traffic. The Town’s Façade Improvement Program should focus on a comprehensive strategy to assist land owners with the improvement of blank façades. The said strategy could include the following: • The blank face map (to come) that would be used to target and identify trouble areas in need on improvements. • The predetermination of styles or character of blank façade improvements. It is generally recommended that these installations be more modern in character reflecting the busy, bustling character of the downtown and less self reflective of the history of Tillsonburg e.g. modern and colourful murals about current town activities and businesses (including legacy industries) are recommended above interpretive heritage pictorial images. • Properties that create multiple blank façade that impact surrounding properties or streets should consider providing additional true light glazing or at minimum, provide way finding and advertizing opportunities for near-by businesses. 6.3.2 Pilot Projects Several potential pilot projects have been identified for the Central Area. Each project has been developed to support the Central Area Vision as outlined in Section 2.0 of this document. Cycling – Recommended cycling routes within the Central Area should be signed to raise awareness of cycling and to assist cyclists with finding parking locations on arrival. Retail Way Finding – Way finding signage for businesses located on side streets adjacent and parallel to Broadway Street could be provided to highlight Broadway as the retail spine of the larger Central Area. This signage can be stand alone or affixed to the sides of buildings as part of a blank façade strategy. Trail Way Finding - Further way finding signage could be provided to direct pedestrians and cyclists to trail connections that either traverse or form a boundary to the Central Area Blank Façade Improvements – Key streets with significant blank façades (such as Ridout Street) could be targeted for a Town mural. The Town, with the cooperation of the land owner, could initiate a public art competition to select the preferred concept and artists. Other blank façade improvements could include the outdoor screening of videos. Rear Lane Event – To improve the character and maintenance of the Town’s rear lanes it is recommended that a future event be considered that includes temporary spill out space into the laneways. The intention of this type of event is to encourage awareness of the laneways and to highlight some key improvements that can be targeted in the short term. Clock Tower Parkette Improvements – The Clock Tower is identified as a demonstration site in Section 2 of this document. It is recommended that the Clock Town Plaza could be expanded to include a larger programmable area such as the base station for a street sale or an outdoor venders market. As a primary gateway into the Central Area it is essential that this parkette become a stronger elements as both a visual entrance point to the Central Area, and as programmed space. Page 189 of 688 104Brook McIlroy Inc. / McCormick Rankin Co. 6.4 CENTRAL AREA PROMOTIONAL TOOLS 6.4.1 Building Information Package A building information package should be developed for businesses and land owners looking to redevelop or renovate their existing properties. The information package should include: • A summary of the urban design guidelines including the design checklist (as outlined in section 6.4.2). • An overview of the downtown vision and the community’s long term goals for redevelopment. • An overview of the Town’s roles in implementing the guidelines including a clear overview of the review process. • An overview of the tools available to business and land owners, including design assistance, façade improvements loans, way finding, etc. 6.4.2 Design Checklist A Design Checklist has been prepared to allow for the review of development and design proposals and applications in reference to the recommendations of this document. The purpose of the checklist is to facilitate the quick evaluation of designs to determine if a project conforms to the recommendations of these guidelines. It is recommended that designers evaluate their projects in advance of a submission to the Town and identify any non-compliance on the checklist to be submitted with the application. This will assist Town Staff with their evaluation and add transparency to the review process. A digital copy of the checklist should be made available on the Town’s website. Please refer to the Design Checklist on the following pages of this document for more information. Murals are encouraged to beautify existing blank walls.The Town should predetermine a style of character of blank facade improvements. Page 190 of 688 Page 191 of 688 Page 192 of 688 Page 193 of 688 108Brook McIlroy Inc. / McCormick Rankin Co. 6.4.3 Regular Information Sessions On-going communication with the BIA, Real Estate Board, Chamber of Commerce, business owners, residents and home builders regarding the urban design guidelines, urban infill and residential intensification should be undertaken. A yearly update and discussion forum encourages public participation and education on the design of the Town and is an opportunity to highlight examples of well executed developments that meet the vision for the Central Area. At these same meetings key successful projects should be highlighted and, if significant projects have occurred, design success and excellence could be rewarded through a design awards program. If required design awards can be hosted every three years to ensure adequate submission content. It would be recommended that these occur jointly with the BIA and the Town. Page 194 of 688 109 Tillsonburg Central Area Design Study Page 195 of 688 110Brook McIlroy Inc. / McCormick Rankin Co. Glossary of Terms Appendix A/ Page 196 of 688 Page 197 of 688 Page 198 of 688 Page 199 of 688 Page 200 of 688 Page 201 of 688 Summary of Policy Framework Appendix B/ Page 202 of 688 Appendix B SUMMARY OF POLICY FRAMEWORK B.1 Provincial Policy Statement (2005) The Provincial Policy Statement is issued under the authority of Section 3 of the Planning Act. It provides direction on matters of provincial interest related to land use planning and development, and promotes the provincial “policy-led” planning system. As stated by the Province: The Provincial Policy Statement recognizes the complex inter-relationships among economic, environmental and social factors in planning and embodies good planning principles. It includes enhanced policies on key issues that affect our communities, such as: the efficient use and management of land and infrastructure; protection of the environment and resources; and ensuring appropriate opportunities for employment and residential development, including support for a mix of uses. The Provincial Policy Statement provides clear policy direction for land use planning across Ontario. It promotes strong communities, a clean and healthy environment and a strong economy. B.2 Oxford County Offi cial Plan (2010) The Oxford County Official Plan contains goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the Town of TIllsonburg. The Plan contains policies to guide and manage the extent, pattern and type of settlement and the use of land and resources desired to maintain and improve the quality of the environment and the quality of life for County residents and to address matter of Provincial interest. The Plan has been developed through significant public involvement and agency consultation and reflects the collective view of the people of Oxford County with respect to the future development of the County’s land and resource base. The Plan is deemed to be consistent with Provincial Policy. The policies contained within the Plan establish the land use priorities to be followed in instances where there is conflict between Provincial interests, except where a Provincial Plan takes precedent. Chapter Eight of the Plan, titled “Town of Tillsonburg Land Use Policies” contains subsection 8.3.2 titled “The Central Area”. This subsection describes, in great detail, the County’s vision, strategy, and site specific policies, which will guide the future development of lands within the Central Area of the Town of Tillsonburg. Page 203 of 688 Central Area Vision: In the future, the Central Area of the Town of Tillsonburg will remain as the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative centre. The commercial core of the Central Area will remain a viable retail shopping district capable of meeting the day to day and specialty needs of residents of the Town of TIllsonburg and surrounding areas. At the same time, the Central Area will increasingly serve as a people place and will have increased day and night activity through the introduction of residential development within and near the Central Area and through better integration of the Central Area with the wider community. The Central Area of the Town of Tillsonburg will continue to be made up of a number of distinct and complementary use districts. This functional diversity will be pursued to promote stability and the health of the downtown area and especially the Central Business District by increasing the number of people working and living in the Central Area over the long term. New buildings and spaces will reflect a human scale of development, and will be guided by design guidelines which result in a significantly enhanced pedestrian environment. The unique heritage resources of the Central Area will be protected through heritage conservation and enhanced through new development which respects and complements nearby heritage buildings. Throughout the Central Area, the addition of public and private green space areas, street trees and usable, sunlit pedestrian areas will improve the quality of life and reflect a conscious goal to create a pedestrian environment and to preserve and enhance vegetative coverage in the Town. The pedestrian ambience and environment will also be enhanced by encouraging alternative modes of transportation through streetscaping and other functional and aesthetic improvements. Central Area Strategy: The Official Plan contains a number of general objectives for the Central Area, and lays out a series of strategic initiatives, which the Town and County will use in order to achieve each of it’s major objectives. Policies for Central Area Sub-Districts: The Official Plan contains area specific policies for the Central Business District and the surrounding cluster of Entrepreneurial Districts. Page 204 of 688 Page 205 of 688 B.5 Tillsonburg Recreation Master Plan (On-Going) The Tillsonburg Recreation Master Plan provides a comprehensive framework articulating the needs and priorities for recreation programs, facilities, culture, parks, sports fields, trails and open space. The Master Plan has been developed with ample feedback received from elected officials, Town staff, community organizations, and the general public. Results from consultations have been compared to national and provincial research, as well as local demographics, to form the strategic framework in which nearly one hundred recommendations have arisen from. These recommendations are intended to serve as a guide for Town Council, Staff and the various stakeholders of the parks, recreation and culture system to consider as Tillsonburg grows and evolves over the next twenty years. The Master Plan is intended to be a living document. It promotes ongoing communication with the community to ensure that services remain responsive, and encourages regular updating of the Master Plan in line with new demographics, market conditions, trends, etc. The following paragraphs summarize some of the key themes and findings from the Strategic Master Plan. B.6 Tillsonburg Trails Master Plan (2008) Tillsonburg features many opportunities for recreation. Many partners over the years have contributed to he development of various recreational facilities. A long- standing commitment to providing quality and accessible opportunities to play in our parks, sports fields and trails has contributed to the success of the trails currently maintained by the Parks and Facilities Department. Residents and visitors alike enjoy trails while exercising their minds and bodies. Its trails serve as a social meeting place while surrounded by the beautiful landscape Tillsonburg has to offer. The goal of the Tillsonburg Trails Master Plan is to provide a guide for the future of our trail system whereby non- motorized, multi user trails are systematically linked in an effort to connect people and places while enjoying our beautiful town and the natural beauty of the Town’s trails. It has been identified that the creation of a Tillsonburg Trails Master Plan is long overdue as our existing trails are being enjoyed year-round by various non-motorized users. Users desire a richer and more fulfilling trail experience in order to experience the entire town via trail. A plan for linking / renovation existing trails as well as constructing new trails is integral in the future short and long term planning of trails. A disadvantage of not preparing a Master Plan for trails is that their will not be a vision for the future of our town trails and the creation of vital links may be ignored or under prioritized. The Tillsonburg Trails Master Plan is designed to be a living and fluid document, subject to review and change. It simply serves as remedial direction toward a solution that best fits an evolving community and the needs of our residents. Page 206 of 688 B.7 Tillsonburg Downtown Streetscape Master Plan (1996) The central goal of the Streetscape Study is to strengthen the aesthetics and function of the downtown. The study is also intended to forge linkages between the downtown and the tourism sector. The Streetscape Plan is not limited to the beautification of the downtown alone. It is based on a thorough analysis of the core area from urban design and investment perspectives, as well as aesthetics, and tourism linkages. The plan uses streetscape improvement tools to establish stronger links among the various parts of the Central Area and to improve the investment environment for some of the weaker areas. Emphasis has been placed on significant areas such as gateways and focal points, or nodes. This is the most cost-effective approach and offers the greatest impact for a given budget. The inter-nodal areas have been given limited improvements to achieve visual and functional continuity between focal points rather than to bring them up to the same level of amenities found at the nodes. The wayfinding and signage system has a similar structure. It relies on some key improvements at strategic locations which can be used to orient the visitor and lead them to specific destinations rather than to attempt to have a ubiquitous system which would provide full orientation at any and all points. The plan seeks to integrate the pedestrian pathways in the Central Area with the system of existing and potential trails. The trail system / pedestrian ways offer connections with most of the tourism attractions within the Town of Tillsonburg. In addition to establishing reciprocal linkages with the tourism plant in Tillsonburg, the plan is designed to enhance the Central Area as a tourism attraction in its own right. The gateways, focal points, landmarks, and pedestrian system are part of this. So is the intention to induce investment, particularly in the south end of the Central Area and in areas overlooking nearby ravines. The central goal of the Tillsonburg Downtown Streetscape Master Plan is to strengthen the aesthetics and function of the downtown. Study area boundary for the Tillsonburg Downtown Streetscape Master Plan. Page 207 of 688 B.8 Oxford County Commercial Policy Review (2009) Oxford County is undertaking a Commercial Policy Review as part of its five year review of the Official Plan. The County is faced with some significant challenges, including substantial population growth over the next 20 years; and slower than expected manufacturing growth as a result of the recent economic downturn. Despite the recent economic slowdown, there has been ongoing interest and pressure for the designation of retail space in its urban centres. Faced with these challenges, it is imperative for the County to continue to maintain commercial policy directives that remain relevant for the consumer, the industry and the County, particularly as it relates to the proper planning and structure of its urban areas. It is therefore necessary to understand the future commercial needs of the County, the locational criteria and trends of the commercial industry, and the strengths and weaknesses of the current policy structure. It is also an opportune time to take stock of the County’s current physical structure and seek opportunities to build upon and improve the existing built environment while capitalizing on current commercial demands and retail trends. The Oxford County Official Plan contains seven commercial designations, two of which (the Central Business District and Entrepreneurial Districts) are relevant to this study. Their intended role and function is discussed below. Central Business District: The Central Business District is intended to be the most intensive, functionally diverse and dominant business, cultural and administrative centre in each municipality in which it is located. The designation generally correlates to the traditional main street or downtown within each of the urban municipalities. A full range of commercial, office, administrative, cultural, entertainment, recreation, institutional, open space and accessory residential uses are permitted in recognition of this function. Entrepreneurial District: The Entrepreneurial District permits a limited range of non-retail commercial uses such as personal services, offices, business supply and services and repair shops as well as residential intensification. Entrepreneurial District areas are generally found in the area surrounding the Central Business Districts of the large urban centres (Woodstock, Ingersoll, and Tillsonburg). Artists depiction of the Broadway Street corridor in downtown Tillsonburg. Page 208 of 688 Strategic Priorities: • A framework for networking within the cultural sectors in order to foster and promote creative and sustainable relationships. • Cross-sector alliances and partnerships to promote creative and sustainable relationships between cultural sectors and businesses. • Educational opportunities to support future development of cultural groups. • Opportunities and events for the cultural community and general public and build on events already in place. • Marketing and communications to create a marketable cultural identity for Oxford County that effectively connects the people to arts and culture. • Quantify the benefits / achievements of the arts and culture sector to the entire population of Oxford County. • Increased child and youth involvement and recognition in arts and culture activities. • A county-wide strategy to attract new investment will be developed with input from Planning and Economic Development Departments. B.9 Oxford County Cultural Plan (2009) The cultural sector has gone from anonymity to being the centre of many new economic development strategies. The emerging consensus is that arts and culture is increasingly more important in supporting economic development and quality of life. Oxford County, like many communities around the world, is currently being challenged to adapt to economic, demographic and cultural changes. Community leaders and elected officials must respond to these challenges on a daily basis. The Oxford County Cultural Plan is a result of a visionary planning process that defines a clear blueprint for cultural development for Oxford County over the next five years with some components spanning twenty years. This will assist Oxford County in the development of a comprehensive strategic direction for an arts and culture program and will grow over time as recourses allow. This creative planning process will also assist in building stronger, healthier and more sustainable cultural organizations within Oxford County by strengthening partnerships and alliances among the cultural and business communities. It provides timelines and potential participants for implementing strategic directions and also includes very specific milestones to achieve these objectives. The Plan aims to attract and sustain both corporate and individual resources. It will raise awareness of the value of culture to our community and lead to the implementation of recommended action plans. The plan includes eight strategic priorities established for the creative community. They are as follows: Page 209 of 688 B.10 Community Improvement Plan (2006) The intent of the Downtown Community Improvement Plan is to outline in one document the range of improvement options which may be undertaken to address the Downtown Area in a coordinated manner. In this regard it is intended that this Community Improvement Plan will provide the basis for downtown municipal investment initiatives and will replace any previous plans. The purpose of this community improvement plan is to provide the context for a coordinated municipal effort to improve the physical, economic and social climates of the Downtown. The initiatives identified in this Plan are intended to outline the possible range of actions designed to stimulate private investment, property maintenance and renewal in the Downtown. The Downtown Community Improvement Plan is not intended to provide an exhaustive list of revitalization projects that may be undertaken to stimulate community improvement, nor is there any obligation for Council to implement all of the initiatives outlined in the Plan. Rather, the Plan is intended to provide a context for Downtown revitalization projects and to assist in municipal decision making so that actions are undertaken which, either individually or cumulatively, facilitate a positive climate for downtown improvement. Finally, it should be noted that the implementation of any the proposed financial incentives will be at the discretion of Council and dependent on financial resources. Page 210 of 688 Page 211 of 688 Urban Structure Mapping Appendix C/ Page 212 of 688 Page 213 of 688 Page 214 of 688 Page 215 of 688 Page 216 of 688 Page 217 of 688 Page 218 of 688 Page 219 of 688 Page 220 of 688 Page 221 of 688 Page 222 of 688 Page 223 of 688 Demonstration Sites Appendix D/ Page 224 of 688 Clock Tower / Plaza SiteBridge StreetBroad w a y Str e et Page 225 of 688 Page 226 of 688 Civic Sculpture / Parkette SiteOxford StreetBroadway StreetPage 227 of 688 Heritage Resource Inventory Appendix E/ Page 228 of 688 E.1 Avondale Zion United Church (62 Harvey Street) Designated a Heritage Building on June 19, 1981, this neo-Gothic white brick church is the oldest religious structure in Tillsonburg. The congregation was established in 1849. The current church was the result of a union between a Methodist and Presbyterian Church in 1925. E.2 Annandale House (30 Tillson Avenue) Annandale National Historic Site is one of the finest examples of the Aesthetic Art Movement, a Victorian style which utilized colour, decorative detail and nature. Constructed in the 1880s for E.D. Tillson, the first mayor of Tillsonburg, Annandale NHS provides the opportunity to tour a restored period mansion and changing local history exhibits. E.3 Leachman Residence (94 Rolph Street) This Italianate-style house, with its rounded windows and eyebrow surrounds was built in 1855. E.4 Private Residence (41 King Street) Like many other buildings in Tillsonburg, this house was constructed of locally formed white brick. Decorative gingerbread under the eaves matches the gingerbread trim on the corner oriel windows. E.5 Private Residence (101 Rolph Street) This two-storey Gothic-style house was built in 1880. Bay window projections on the front and side of the house combine with the striking two-storey porch to create an inviting exterior. Of note are the wooden shutters that are shaped to fit each curved window. E.6 St. Paul’s United Church Manse (38 Ridout Street West) This two and a half storey house was built in 1870 as the manse for the adjacent United Church. The front façade presents an interesting combination of features with its delicate gingerbread in the gable, small dentil trim under the eaves and rough stone window surrounds. E.7 Vivian House (300 Broadway Street) From the slate roof to the decorative stained glass, stylish gingerbread and dentil work under the eaves, trim on the two-storey porch and unique keyhole window on a side elevation, this house is a wonderful example of Victorian elegance. E.8 Great Western Railway Station (125 Bidwell Street) The typical station roof lines of this building disclose its busy past. Note the spelling of ‘Tilsonburg’ with only one ‘l’. The Baggage Room Gift Shop and Gallery located in the former railway station is operated by the Station Art Centre. E.9 Tillson Pea Mill (20 John Pound Road) Originally an agricultural mill, this three-storey structure has benefited from reconstruction. E.10 Tillsonburg Lake Erie & Pacifi c Railway Station (41 Bridge Street) Originally located on King Street, but moved to its present location on Bridge Street in 1992. The Station Art Centre is located in this building. The two stations (the other being the Great Western), illustrate two distinct styles of railway station architecture. Page 229 of 688 Summary of Transportation Analysis Appendix F/ Page 230 of 688 F.1 Introduction As a component of the Tillsonburg Central Area Design Study, a comprehensive analysis was undertaken to address key transportation issues. The following paragraphs summarize these issues, as well as the resulting transportation planning considerations and recommendations. F.2 Alignment of Lisgar Avenue Surface Parking Lot Driveway Entrances Key Urban Design Issue and Ideas: The realignment of the surface parking lot bounded by Bridge Street to the north, Lisgar Avenue to the east, and Harvey Street to the west to allow for an a driveway entrance off of Lisgar Avenue, in alignment with Elgin Street. This reconfiguration would result in a more desirable intersection condition, and would improve the connection between Lisgar Avenue and the pedestrian entrance to the adjacent Shoppers Drug Mart. Transportation Recommendation: The realignment is possible with appropriate regard to the grades of the realigned driveway. However, as the driveway is located within the former landfill area, and as the realignment will require removal of material west of the existing driveway, there will likely be waste management issues to deal with. Because of the location of the methane collection trenches, it would make sense to keep the internal driveway connection to the aisle that links the two parking lots in the same location. Plan of current driveway entrance alignment.Image of current driveway entrance alignment. Page 231 of 688 F.3 Removal of Perpendicular Parking Spaces in Lisgar Avenue Parking Lot Key Urban Design Issue and Ideas: Within the surface parking lot bounded by Bridge Street to the north, Lisgar Avenue to the east, and Harvey Street to the west, there are potential safety and circulation-related concerns pertaining to the perpendicular parking spaces located adjacent to the main pedestrian entrance of the Shoppers Drug Mart and the Tillsonburg Town Centre. This particular cluster of parking spaces has proven to be problematic in causing traffic congestion as well as accidents involving pedestrians and motorists. There is an interest in removing the above-mentioned parking spaces and replacing them with an extended pedestrian realm with a sidewalk treatment and boulevard along the length of the Shoppers Drug Mart frontage. Transportation Recommendation: Part of the “road” adjacent to the Shoppers Drug Mart site is not actually a “highway” within the meaning of the Highway Traffic Act, but is under municipal ownership, as is the land occupied by the Tillsonburg Town Centre Mall and adjacent parking lot. As it is desirable to maintain a grid road connection in this location, and as significant deviations are limited by the location of the Bell building and church, it is recommended that the row of perpendicular parking be removed. All parking should be located in rows parallel to the building face, as is the rest of the parking lot today, and the “road” through this location could be either a “shared street” or could have multiple speed tables for pedestrian crossings. A different surface would reinforce the shared use nature of the “street”. F.4 Pedestrian Concerns Pertaining to Rear Lane System Key Urban Design Issue and Ideas: The Central Area, particularly the blocks adjacent to Broadway Street, contain a continuous system of rear lanes. These lanes are the cause of some concern for pedestrians between having blind corners, a lack of mirrors, and fast moving vehicle traffic. Transportation Recommendation: Mirrors may be considered where there is a building corner right at the exit to mount the mirror on. Mirrors on the opposite side of the street are not recommended, as they would have to be very large to be effective. This would affect relatively few alley entranced - both ends of Fox Alley between Ridout and Brock, the north entrance of Fox Alley between Brock and Baldwin, both ends of Cat Alley between Ridout and Brock, and the south entrance of Cat Alley between Brock and Oxford. Image of perpendicular parking spaces and adjacent road in Shoppers Drug Mart surface parking lot. Page 232 of 688 F.5 Reconfi guration of Ridout Street Key Urban Design Issue and Ideas: The segment of Ridout Street, between Broadway and Harvey Streets, contains a discontinuous pedestrian realm on the north side, and a large asphalt surface with angled parking and limited space for trees or street furnishings. One potential idea, to address pedestrian concerns, is to convert this segment of Ridout Street to one-way traffic. This would allow for the narrowing of asphalt and the extension of sidewalks on the north side of the street to Harvey Street. In this scenario, the angled parking on the south side of the street could be converted to parallel on-street parking, significantly expanding the pedestrian realm and providing adequate space for trees and street furnishings. Transportation Recommendation: If the parking along the south curb were converted from angled parking to parallel parking, an additional 2.5 metres could be added to the pedestrian realm abutting the Zellers (future Walmart Site). In addition, the existing pavement width is about 15 metres, which is more than required for two lanes of traffic plus parking. It is not recommended to convert the street to one-way traffic. F.6 High Level Parking Needs Assessment Rationale: The basis of the high level parking needs assessment is to identify surplus parking space that would allow for future redevelopment. Based on the urban design analysis, it is believed that the surface parking lots located behind the Bell Building / church between Harvey Street and Lisgar Avenue may be under utilized. Findings: The high level parking needs assessment was undertaken on February 15, 2012. Please refer to the summary chart and illustration on the following pages. The results confirm the initial urban design analysis, in that the A-series lots located east of Broadway Street had 45%- 55% vacancy during the day, with several lots adjacent to Lisgar Avenue being virtually empty. In contrast, the B-series lots west of Broadway Street were 10%-20% vacant in the morning hours, and 15%-25% vacant in the afternoon hours. On-street parking spaces exhibited similar characteristics, with high occupancies near and on Broadway Street. The Town has a special levy to support off-street parking costs (By-Law 2835) for non-residential properties located in the area bounded by Bridge Street, Coon Lane, Bidwell / Bloomer Streets, and Lisgar Avenue / Stoney Creek. The levy is allocated 55% to a parking lot reserve fund and 45% to a maintenance fund. As noted in the chart on the following page, the majority of the parking is “no time limit”, and some is “2 hour time limit”. Enforcement of the 2 hour limit is conducted between Monday and Friday, by the local By-Law enforcement officer. The Town’s current parking structure is ripe for review, with the potential for introducing pay parking, weekly / monthly pay permit parking, and rescinding the special levy by-law. Measures to continue to encourage downtown residential developments with limited or no parking should continue to be encouraged. Image of discontinuous sidewalk along the north side of Ridout Street between Broadway and Harvey Streets. Page 233 of 688 Page 234 of 688 Map illustrating parking areas by letter/number, with total parking space counts. Parking area names (i.e. A1) correspond with the chart on the previous page. Page 235 of 688 Page 236 of 688 Urban Design, Streetscape, and Sustainable Development Best Practices for Downtown Olympia APRIL 2009 Good Design. Page 237 of 688 Page 238 of 688 TABLE OF CONTENTS BEST PRACTICES 1. Urban Design - 1 2. Design Standards - 3 3. Streetscape - 11 4. Sustainable Building Practices - 25 Page 239 of 688 Page 240 of 688 BEST PRACTICES 1 BEST PRACTICES: URBAN DESIGN Urban Design Principles This document presents a collection of downtown design “best practices” adopted in downtown areas throughout the US and abroad. The best practices guide is intended to serve as a framework for future planning and development in downtown Olympia. In some cases, the City may have already adopted certain design principles. In other cases, the City may choose to incorporate additional guidelines suggested here, while others may be more difficult given physical, financial or policy constraints. The following principles have been distilled from the “Urban Design Compendium,” a collection of urban design best practices developed in the United Kingdom. They have been adapted and embellished for relevancy to the unique conditions of Downtown Olympia and the Pacific Northwest. Urban design draws together the many strands of place- making - environmental responsibility, social equity and economic viability, for example - into the creation of places of beauty and distinct identity. Without thoughtful urban design, one starts to see indistinct, homogenous urban landscapes with which people struggle to identify, and for which they have a difficult time respecting and caring. Downtown Olympia has a strong foundation of good urban design from its historic roots. As the city contemplates its future, planners, policy makers, and its citizens need to consider the following principles to develop whole and beautiful places. 1. Create Places for People For places to be well-used and well-loved, they must be safe, comfortable, varied, and attractive. They also need to be distinctive, and offer variety, choice, and fun. Vibrant places offer opportunities for meeting people and watching the world go by. The success of the public realm depends on the arrangement of its paving, planting, lighting, orientation, shelter, signage, street furniture, and the way it is overseen. It also depends upon the routes which pass through it, and the uses in and adjacent to it. The public realm is made up of the parts of a city or district that are available, without special charge, for use by everyone. The public realm can include streets, parks, squares, arcades and public buildings, whether publicly or privately owned. It provides the setting not only for everyday life, but also for more formal civic occasions. It is enlarged and enriched by developments designed to welcome a broad range of people, and by creative management. It is restricted and impoverished by buildings and spaces designed to keep out or discourage all but a narrow range of users, and by over-regulation. Anyone who is designing a building, or any other structure, is helping to shape or frame the public realm. 2. Make Connections The convenience, safety, and comfort with which people go to and pass through buildings, places, and spaces play a large part in determining how successful a place will be. Places need to be easy to get to and be integrated physically and visually with their surroundings. This requires attention to how to get around by foot, bicycle, public transit, and the car - and in that order. Streets are more than just traffic channels for vehicles, and should offer a safe and attractive environment for all. While the facilitation of auto and truck traffic is important, it should not come at the expense of the pedestrian. Rather, the goals should be to provide safe, direct, and interesting connections and improve the area’s legibility - the ability to inherently understand the organization of an area by the layout of buildings, spaces, and paths. Well-designed streets encourage people to use them, and make going outside a safe and pleasant experience. Page 241 of 688 DOWNTOWN OLYMPIA ACTION PLAN2 BEST PRACTICES: URBAN DESIGN 3. Work with the Landscape to Develop Unique Character and Identity The positive features of a place and its people contribute to its special character and sense of identity. They include landscape, building traditions and materials, patterns of local life, and other factors that make one place different from another. The best places are memorable, with a character which people can appreciate easily. Many of the places which we now think of as being pleasantly distinctive grew naturally in response to local circumstances. Where such distinctiveness is ignored, new development may reflect only the marketing policies or corporate identities of national and international companies, the standard practices and products of the building industry, or the latest fashions among design professionals. Development that responds sensitively to the site and its setting, by contrast, is likely to create a place that is valued and pleasing to the eye. Designing for Olympia’s distinctiveness involves the creative reconciliation of local practices on the one hand, with the latest technologies, building types and needs on the other. There is no reason why character and innovation should not go together. New and old buildings can coexist happily without disguising one as the other, if the design of the new is a response to urban design objectives. 4. Mix Uses and Forms A mix of uses may be appropriate at a variety of scales: within a village, town, or city; within a neighborhood or a street; or even in a particular building. In a town centre, for example, housing can provide customers for shops, make use of empty space above them, and generate activity when they are closed. In residential areas, workplaces, shops and other facilities can make the place more than just a dormitory. Mixed-use development makes the most of opportunities for higher densities and intensive activity at locations with good access to public transit. At higher densities, it provides the sort of environment that will suit particular kinds of household, such as single or young people, seniors, or couples without children. 5. Manage the Investment For projects to be developable and well cared for, they must be economically viable, well-managed and maintained. This means understanding the market considerations of developers, ensuring long-term commitment from the community and local agencies, defining appropriate delivery mechanisms and seeing this as part of the design process. The same notion is true for public spaces. How attractive a public space is, and how well people treat it, will partly depend on the arrangements made for its management and on how easy it is to maintain. 6. Design for Change The most successful places have prospered in changing circumstances. New development needs to be flexible enough to respond to future changes in use, lifestyle, and demography. Places need to be adaptable at every scale. Towns and cities as a whole have to adapt as industries rise and decline, demand for housing and the nature of workplaces changes, and buildings and infrastructure age. This means designing for energy and resource efficiency; creating flexibility in the use of property, public spaces and the service infrastructure and introducing new approaches to transportation, traffic management, and parking. This principle holds for physical structures as well. With increasing evidence of the escalating impact of global warming, the urgency to reduce green house gas emissions is widely acknowledged. Because buildings account for 48% of all energy used in the United States and 74% of all of our electrical energy, there is a huge opportunity to reverse this trend by planning our buildings to be more resource efficient and climate responsive. Page 242 of 688 BEST PRACTICES 3 BEST PRACTICES: DESIGN STANDARDS Design Guidelines Places that are beautifully detailed to stimulate and delight have one thing in common: buildings and open spaces are unquestionably inter-related. There are many exemplary places that demonstrate the ingredients to success. Yet debates about the detail of places, particularly building architecture, are often preoccupied by ‘style’. We live in an age of both rapid technological change and ecleticism over design theory and style issues; Neo Classical, Vernacular, Modernism, Postmodernism, Deconstructivism and so on. And whatever the ‘ism’, the buildings vary from excellent to awful. The focus then should be away from individual style or schools, and instead should be on ‘urban architecture’ - that is, buildings and open space as a whole. Viewed from this perspective, the success of a building is determined by its ability to make a positive contribution to the public realm - to face the street, animate it and make sure that all adjacent open space is positively used. It is this interaction between buildings and the public domain - this edge - that determines the relationship between inside and outside, built and open, public and private, individual and community. The following section discusses best practices as tools to create great ‘urban architecture.’ The City of Olympia has codified the concept of ‘urban architecture’ through its use of the Pedestrian Street Overlay District. The principles expressed on the following pages of this report embrace and build upon many of the development standards the City has developed for specific streets in Downtown Olympia. The only difference is that all streets in Downtown Olympia should be treated with the same deliberate and thoughtful design aesthetic as those on the Pedestrian Streets, not just along the ones that have explicit designations. Olympia Knitting Mills building, Downtown Olympia Page 243 of 688 DOWNTOWN OLYMPIA ACTION PLAN4 Elements of ‘Urban Architecture’ Again, ‘urban architecture’ is not about a particular architectural era or school of design, but rather the relationship of built forms and open space - or the interaction of public and private space at the pedestrian-scale. As a general rule, buildings should be complementary and cohesive, and harmonize with elements of the streetscape (through landscape, materials, light fixtures, etc.) to enhance people’s experience of the area. The elements below should be incorporated in some form into all new buildings in Downtown Olympia. Pedestrian-oriented ground floor1. Pronounced entrance oriented to the corner 2. and/or primary streets Lots of windows on the ground floor. Glazed 3. sliding or roll up doors increase ground floor flexibility. Awnings for protection from weather4. Roof parapet to break up the roof lines and 5. hide rooftop mechanical equipment Building lighting6. Human-scale details to add interest and break 7. up the building mass (i.e., architectural bays, engaged columns, tri-partite facades, transom windows, window mullions, and cornices) Within the Olympia Historic District, new 8. buildings should complement and accentuate the character of existing historic buildings 12 3 4 5 6 7 BEST PRACTICES : DESIGN STANDARDS Hood River, OR Page 244 of 688 BEST PRACTICES 5 BEST PRACTICES : DESIGN STANDARDS Create Active Frontages Design street and sidewalk-facing storefronts and entries to be inviting and easily accessible to passersby. Ensure that the ground floor promotes a sense of interaction between activities in the building and activities in the public realm. Views into a building provide interest to passersby and make its function apparent, while views out put ‘eyes on streets, and contribute to the perception of safety. Buildings should have a prominent entry and foster interaction between inside and outside by incorporating three or more of the following elements: Overhangs (canopies, awnings) - at least 6 feet from either the face of the column or the street-facing elevation Clerestory or transom window as part of the large storefront system Glass windows that flank the door (no mirrored or tinted glass) Decorative lighting Large glass entry doors Creative signage Artwork Recessed entry bay Incorporating paving and color along the building frontage Active Frontage. Buildings should have a prominent entry and foster interaction between inside the building and the public realm. Ways to achieve this include [1] large storefront windows with transom windows, creative signage and lighting; [2] special paving and color; and [3] the ability for the inside uses of the building to spill into the public realm through windows and rolling doors. [1] [2] [3] Page 245 of 688 DOWNTOWN OLYMPIA ACTION PLAN6 Making frontages ‘active’ adds interest, life, and vitality to the public realm. This means: frequent doors and windows, with few 1. blank walls; narrow frontage buildings, giving vertical 2. rhythm to the street scene; articulation of facades, with projections 3. such as bays and porches incorporated, providing a welcoming feeling; pedestrian-scale blade signage; and, on 4. occasion, lively internal uses visible from the outside, 5. or spilling onto the street. BEST PRACTICES : DESIGN STANDARDS 1 2 3 4 5 NW 23rd Avenue, Portland, OR Page 246 of 688 BEST PRACTICES 7 Orient Buildings to the Corner Create dynamic public gathering spaces where streets intersect. Corner sites possess the potential to provide landmarks in the city, thereby creating a sense of place and making recognizable and memorable design elements at the corner of each block. Corner sites are visually prominent, have two frontages and can potentially offer more entrances to different parts of the building. They therefore provide special opportunities for mixing uses. Corners are best emphasized by reinforcing the corner condition of the site with a special architectural device (prominent entrances and/or windows at the apex) or element which responds significantly to the particular angle of the corner. Locate the primary entry to the building at the corner of the building or within 25’ of the corner of the building. Incorporate prominent architectural elements, such as increased building height or massing, a cupola, a turret, or a pitched roof, at the corner of the building or within 25-feet of the corner of the building. Chamfer the corner of the building (i.e. cut the corner at a 45-degree angle and a minimum of 10’-0” from the corner) and incorporate a combination of special paving materials, street furnishings, and landscaping. Where possible, incorporate double storefront doors that include large expanses of glass The Corner. Corners of buildings provide excellent opportunities to set the tone for a particular block and provide a district landmark. BEST PRACTICES : DESIGN STANDARDS Portland, OR Page 247 of 688 DOWNTOWN OLYMPIA ACTION PLAN8 BEST PRACTICES : DESIGN STANDARDS Build to the Lot Line In urban centers like Downtown Olympia, a direct frontage-to- street relationship enhances commercial viability and street liveliness. Use continuous frontages to the degree possible, by adhering to a common building line. A common building line creates continuity of frontage and provides definition and enclosure to the public realm. It can also help ensure new development is properly integrated into an existing street. Minimizing setback distances increases the ability of a building to interact with the public realm. Where buildings are permitted to be set back from the building line, care needs to be taken to ensure resulting spaces are useable and attractive. On street frontages with adequate sidewalks, buildings should be built to the property line (no setback). On street frontages with substandard sidewalks (less than 10 feet) and no on-street parking, setbacks of 5 to 15 feet may be appropriate to enhance the existing pedestrian realm and provide additional outdoor space for ground floor uses. Special care should be taken so that these spaces are well-designed and contribute to an active building frontage. Setbacks. [1] Occasional, modest setbacks can greatly improve a pedestrian realm and provide additional architectural interest through public forecourts and plazas, like the one shown in the photo below; [2] Street frontages with an adequate pedestrian realm do not require building setbacks but may benefit from a modest forecourt or plaza at the primary entrance. [1] [2] This forecourt plaza on Mississippi Avenue (Portland, OR) has a central stormwater feature, permeable surfaces, and doors and windows that open from the surrounding businesses directly into the space. The site used to be an industrial warehouse. Page 248 of 688 BEST PRACTICES 9 BEST PRACTICES : DESIGN STANDARDS On-site surface parking options. On-site surface parking lots can be configured in several ways to be as pedestrian-friendly as possible. Above are some examples that leave the building frontage largely intact, particularly along the primary street. Structure Parking Lined With Retail and Office. There are some fine examples of parking garages that have been lined with a single- loaded retail and office uses. The example at left shows a parking garage of this kind in Boulder, CO. The parking garage has 1,300 parking spaces and is lined with ground-floor retail and second floor offices. No Parking In Front Put parking behind, under, above, or to the side of the building. The manner in which car parking is arranged has a fundamental effect on the quality of place. Vehicles should not be allowed to dominate the space, or to inconvenience pedestrians and bicyclists. Parking should never be placed in the front of the building unless it is on-street. This breaks up the frontage, restricts informal surveillance, and is generally unattractive. Structured parking is typically used in areas where there is high demand for parking and limited development area (usually due to high land costs or high land opportunity costs), as in robust retail areas, downtown milieus, and in high-density, land-constrained residential areas. The most compelling advantage of structured parking is that it uses less land area and saves valuable land for other uses. The long-term value of consolidated development and efficient land use can help justify the cost of the structure, particularly if the costs are shared between private and public entities. Parking structures should generally only be considered when they can be designed to incorporate ground level activities such as shops or offices, and these must be carefully designed to contribute to the street scene. In a mixed-use area, the most appropriate approach for above-ground structured parking is to line the structure from top to bottom with single-loaded residential units or office space. Page 249 of 688 Page 250 of 688 BEST PRACTICES 11 BEST PRACTICES : STREETSCAPE Streetscape Parks, plazas, and public buildings are important focal points for civic engagement and civic pride, and the attention communities devote to their design and upkeep are crucial. As a percentage of the overall public realm, however, they amount to only a tiny fraction. The vast majority of our public space comes in the form of right-of-way - the space between taxlots or building faces, the space that is more often than not taken up by streets and sidewalks. Streets are often relegated simply to movement, and much too often to the movement of motorized vehicles. While the facilitation of auto and truck traffic is obviously important, it should not come at the expense of the pedestrian - of the window- shopper, the business woman walking out to get lunch, the senior strolling with a cup of coffee, the casual friends running into each other on a popular corner, or the kids hitting the candy shop after school. When designed well, streetscapes can promote pedestrian safety and comfort, foster investment by private businesses, and ultimately define the type of district or city a place is or wants to be. Page 251 of 688 DOWNTOWN OLYMPIA ACTION PLAN12 BEST PRACTICES: STREETSCAPE The streetscape best practices contained in this section concentrate primarily on the pedestrian realm, with emphasis on the following: Sidewalk Zones Sidewalk Paving Materials Street Lighting Street Furniture Public Art Reducing Visual Clutter Landscaping / Street Trees Green Streets Parking Traffic Calming Olympia, WA Gresham, OR several types and colors of pavers define spaces and paths in the streetscape angled parking lighted bollard pedestrian-scale lighting curb extension / plazastreet tree with pavers in the tree well intersection treated with pavers Bend, OR Page 252 of 688 BEST PRACTICES 13 BEST PRACTICES: STREETSCAPE furnishing zone 4-9 feet building frontage zone 3-10 feet clear zone 5-15 feet Sidewalk Zones For design purposes, a sidewalk is typically thought of as having three distinct “zones,” each of which may have its own dimensions, materials, and furnishings. The building frontage zone is the area directly adjacent and parallel to the building face. This area serves as a buffer between the clear zone (or primary pedestrian way) and the building facade, and may contain business signage and outdoor dining (when wide enough). The minimum standard building frontage zone for most streets is typically 2-3 feet. At the upper range, this area is wide enough to accommodate a single row of dining tables. If a larger outdoor dining area is desired along the sidewalk, new buildings should provide a greater setback in order to provide for a larger building frontage zone. The clear zone is the through zone of the sidewalk where the majority of pedestrian movement occurs. Because this is the walking zone of the sidewalk, it should be kept clear of any furnishings or signage at all times. Along busy retail streets, the clear zone shall be wider than along quieter residential streets in order to accommodate higher volumes of pedestrian traffic. The furnishing zone is that area of the sidewalk directly adjacent to the curb, and is the area where street trees, vegetation beds, and street furniture (such as pedestrian scale lighting, benches and bike racks) are located. Business signage (such as A-frame or sandwich boards) may also be located in the furnishing zone in accordance with local regulations. Any objects installed within the furnishing zone should be a minimum of 30” from the curb face to allow access to/from parked vehicles. Page 253 of 688 DOWNTOWN OLYMPIA ACTION PLAN14 Sidewalk Paving Materials Sidewalk paving materials can vary widely. Concrete is the least expensive, yet can still be versatile: it can be smooth, brushed, stamped, engraved, or colored depending on a community’s preferences. Specialty pavers (of concrete, brick, or stone, for example) can be used for entire sidewalks, for certain zones (usually the furnishing or building frontage zones), or sparingly to highlight certain features (such as tree wells, public art, driveways, or planters). Pavers are generally more expensive, but can make for easier maintenance. Pavers can also provide easier access to utilities that are installed beneath them. Concrete Sidewalk. Concrete can be less expensive and easier to install than specialty paving treatments. As shown here, different scoring and coloring can be used to define the three distinct zones of a sidewalk. (Portland, OR) Stamped Concrete Pavers. Stamped concrete pavers are used here to define the pedestrian through-way, while stone aggregate is used in marked contrast for the furnishing and building frontage zones. (Vancouver, BC) Brick Pavers. Variegated brick pavers are used generously on this primary pedestrian street; granite access pavers are employed around planters and along building edges. (Charlotte, NC) Brick Accent Pavers. Brick accent pavers can be used to highlight the sidewalk’s edge or special features, such as street trees. (Boise, ID) BEST PRACTICES: STREETSCAPE Page 254 of 688 BEST PRACTICES 15 Street Lighting Street lighting is important for defining the night-time feel of a district, and for creating a feeling of safety during evening hours. Cobra-head lights are a standard fixture for illuminating the roadway and, depending on block size, are usually found at intersections. These fixtures are quite tall, often employ softer, sodium or LED lights, and should project downward to minimize light pollution. Pedestrian-scale fixtures are smaller, more closely-spaced, and may use a stronger light to illuminate the sidewalk. They are generally more decorative, and can be used to reflect or define a district’s unique identity. They too should be “night sky friendly” and project their glow down to the street, not into the sky or directly into the windows of adjacent buildings. Denver, CO Olympia, WATwo examples of “night sky friendly” pedestrian-scale luminaires on a crook arm pole. BEST PRACTICES: STREETSCAPE night sky friendly fixture on a straight pole Page 255 of 688 DOWNTOWN OLYMPIA ACTION PLAN16 Street Furniture Street furniture can enhance the functionality and visual interest of a street. Fixtures such as benches, planters, trash cans, bicycle racks, water fountains, wayfinding signage, newspaper boxes, and public art generally should be installed within the furnishing zone - and at no point should impede pedestrian travel within the clear zone. These elements often work best when their designs are coordinated, thus giving the streetscape a unified appearance. To the degree possible, fixtures should be tailored to the climate in which they are installed in order to improve user comfort and reduce long-term maintenance issues. For specialty items desired by a local neighborhood or interest group, or when municipal budgets are tight, third party groups can be recruited to sign maintenance agreements. Coordinated Furnishings. Benches, street lights, and trash receptacles can be coordinated to present a unified theme for a district. (Olympia, WA) Functional Art. Bike racks or other fixtures can also be public art. (Portland, OR) Wayfinding. Attractive and easy-to-understand wayfinding signage can help visitors navigate between destinations. (Charlotte, NC) Don’t Forget Fido. Water fountains can be designed to serve multiple users - adults, kids, people in wheelchairs, and even dogs. (Portland, OR) BEST PRACTICES: STREETSCAPE Page 256 of 688 BEST PRACTICES 17 Public Art Public art can play an important part in any community and within any streetscape. It can reflect an area’s history, be inspiring or playful, be functional, make a statement - or all of these. Representational art can be serious or whimsical. Art that engages viewers of all ages can add to the family-friendly tone of an area. Art with touchable elements can draw active engagement - transforming a street into a “magical place.” Olympia, WAOlympia, WA Olympia, WA Seattle, WA BEST PRACTICES: STREETSCAPE Page 257 of 688 DOWNTOWN OLYMPIA ACTION PLAN18 Reducing Visual Clutter Cities demand a great deal from their rights-of-way. They are conduits for auto, truck, bike, and pedestrian traffic; they have pipes to handle wastewater and stormwater; they have conduit for phone, cable, and electric utilities; they contain public art, restaurant seating, and on-street parking. It is easy for a city’s streets and sidewalks to seem chaotic, to become cluttered and therefore disorienting. There are several strategies Olympia can employ to continue to reduce visual clutter, such as: Undergrounding utilities Providing uniform fixtures for dispensing newspapers Aggregating street signs / wayfinding Unifying streetscape elements Enforcing regulations regarding private business signage, displays, and seating Maintaining landscaping Olympia, WA Lake Oswego, OR Lawrence, KS Fairview, OR BEST PRACTICES: STREETSCAPE Page 258 of 688 BEST PRACTICES 19 Landscaping / Street Trees Landscaping can play an important role in softening the hard edges of an urban environment. It can also add color and visual interest to cities that are often built out in dull stone, metal, or concrete. Street trees can also provide needed shade during the hot and sunny months of summer. Depending on species and placement, trees can also help visually narrow a roadway and contribute to traffic calming. The ways that tree wells are handled - with ground cover vegetation, pavers, or grates - can also augment a streetscape. Ashland, OR Portland, OR Bend, ORHayden, ID Berkeley, CA BEST PRACTICES: STREETSCAPE Page 259 of 688 DOWNTOWN OLYMPIA ACTION PLAN20 Portland, OR San Francisco, CA Green Streets While not currently used, the City of Olympia may want to consider “green streets” to help manage and pretreat stormwater runoff. “Green Streets” is a term used to describe on-site stormwater management systems that employ natural systems to handle stormwater run-off. Current designs generally utilize some combination of plantings and infiltration systems, and are often supported by a more traditional storm sewer or culvert system. Because local conditions vary widely, green street systems must be tailored for specific environments and weather patterns. In more urban settings, flow-through planters are often utilized. These planters are structural, landscaped reservoirs used to collect, filter, and infiltrate stormwater run-off. Water flows downhill into one end of the planter; pollutants settle and filter out as the water percolates through the planter soil and infiltrates into the ground. If a rain event is intense enough, water exits through the planter’s second curb cut, flows back out into the street and enters the next downstream stormwater planter. Depending on how intense a particular storm is, run-off will continue its downhill “dance” from planter to planter until all of the stormwater planters are at full capacity. If and when the stormwater planters exceed their carrying capacity, the water exits the last stormwater planter and enters the existing storm sewer system. BEST PRACTICES: STREETSCAPE Page 260 of 688 BEST PRACTICES 21 BEST PRACTICES: STREETSCAPE Parking As any retailer will tell you, parking is a necessity for commercial areas to thrive. In addition to contributing to overall parking supply, on-street parking can also play an important role in traffic calming. Where on-street parking is generally short-term (three hours or less) and parking turn-over is high (as it is often is in retail districts), on-street parking adds friction to traffic flow. As drivers look for spaces, or maneuver in and out of parking spaces, drivers of through-vehicles must proceed more cautiously. Where right-of-way width allows, angled parking can help to maximize parking supply. Back-in angled parking is generally safer, as it provides much better sight distance for drivers leaving their parking space. For this reason, back-in angled parking is highly recommended where bicyclists are present. Centrally-located off-street parking can be a great way to both meet customer needs and share parking between complementary uses. Structured parking is preferred as a more efficient use of land. Where surface lots are permitted, they should be located behind or to the side of buildings, and away from public open space or primary intersections. Surface lots should be well-landscaped, especially where parking areas abut a sidewalk or public space. Olympia, WA Portland, OR Portland, OR Lake Oswego, OR Page 261 of 688 DOWNTOWN OLYMPIA ACTION PLAN22 BEST PRACTICES: STREETSCAPE Traffic Calming While regulatory devices, such as speed limit signs and traffic lights, play an important role in managing traffic, they do little to control driver speed and aggression. “Traffic calming” is a term used to describe physical efforts to slow motorized traffic in an effort to create a safe and comfortable environment for all street users - pedestrians, cyclists, and transit-users as well as drivers. Traffic calming often begins with roadway design - with the narrowing of curb-to-curb distance and travel lanes. It extends to include crosswalk design, landscaping, intersection treatments, and the provision of bicycle facilities. Curb Extensions or Bulb Outs “neck down” roadways both to slow traffic for pedestrian crossings and shorten the overall crossing distance. (Curb extensions or Bulb outs can also be places for additional landscaping and/or public art.) Crosswalks themselves can be raised and/or constructed of special materials to better draw driver attention to the presence of pedestrians. Such treatments can be extended to entire intersections, which often draw high concentrations of pedestrians. Mid-block crossings, when done with a combination of curb extensions, signage, elevating, or special materials, can help keep traffic at a consistent, reasonable speed betweeen intersections. Medians and/or pedestrian refuge islands create roadway friction while providing a safe haven for pedestrians crossing busy roadways. Carefully selected and well-placed street trees can slow traffic by visually narrowing the roadway and creating dappled shade. Striping bike lanes visually narrows a roadway while prioritizing space for cyclists. Roundabouts are efficient systems for traffic control at intersections, and also help regulate vehicular speed through intersections. Joseph, OR Page 262 of 688 BEST PRACTICES 23 BEST PRACTICES: STREETSCAPE extra long curb extensions colored / textured crosswalk extra long curb extensions narrowed roadway pedestrian refuges full intersection treatment special roadway pavers / color colored / textured intersection curb extensions median Page 263 of 688 Page 264 of 688 BEST PRACTICES 25 Sustainable Building Practices Buildings account for 48% of all energy and 74% of electricity used in the United States. By 2030, the US will have renovated 150 billion square feet of building area and constructed 200 billion square feet of new building area. Now is the time to build smart, sustainable, and with sensitivity to the surrounding context. Page 265 of 688 DOWNTOWN OLYMPIA ACTION PLAN26 This page intentionally left blank. Page 266 of 688 BEST PRACTICES 27 Create Low Energy / High Performance Buildings to Combat Global Warming With increasing evidence of the escalating impact of global warming, the urgency to reduce green house gas emissions is widely acknowledged. Because buildings account for 48% of all energy used in the United States and 74% of all our electrical energy, there is a huge opportunity to reverse this trend by planning our buildings to be more resource efficient. The call to design energy and resource efficient buildings in this century requires that architects and engineers become far more rigorous about climate responsive design. In addition to reducing energy use through conservation and improved insulation, we also need to reconsider the role building orientation and form play in energy usage to achieve greater energy efficiency. Energy Use. Buildings account nearly half of all energy use and over 75% of total electricity use in the United States. Impact. By 2030, the US will have renovated 150 billion square feet of building area and constructed 200 billion square feet of new building area. There are about 50 billion square feet of building area today, illustrating the impact designers and developers have on the both the landscape and climate. BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Page 267 of 688 DOWNTOWN OLYMPIA ACTION PLAN28 Solar Orientation - Passive Solar Opportunities for passive solar design should always be considered before other energy sources: sunlight comes free and with no carbon emissions. The amount of heat gained from sunlight is calculated in degree-days over the heating period. Even dull days contribute to heating spaces. Strategies East-West orientation Building groups should be elongated in the east-west direction and spaced in the north south direction to ensure solar gain to each building. Buildings should be located and arranged to form wind-protected, sunny exterior spaces to minimize heating requirements. Solar envelopes (the maximum buildable volume for a given site) should be incorporated to ensure access to the sun for buildings, streets, and open spaces. Rooms in individual buildings should be arranged along an east-west axis to increase south facing skin available to collect solar radiation. Vertical glazing on solar-heated spaces should be no more than 20 to 30 degrees from true south. BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Building shape. Building shapes have a significant effect on the distribution of daylight. Effective building shapes for solar access include [1] U-shaped, [2] Hollow Rectangle, and [3] Stepped that are oriented in an east- west direction. [1][2] [3] SUMMER SUN 72° WINTE R S U N 2 2 ° Sun Angles. Passive solar building design uses a structure’s windows, walls, and floors to collect, store, and distribute the sun’s heat in the winter and reject solar heat in the summer. Sun angles in the Pacific Northwest are 72° in the summer and 22° in the winter. Page 268 of 688 BEST PRACTICES 29 BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Daylighting Artificial lighting is one of the biggest consumers of energy in buildings, yet we have a readily available, free source of energy that can be used to illuminate our buildings during daytime hours. To ensure adequate daylighting, the following rules of thumb should be employed. Strategies A daylight spacing angle of 30 degrees should be used to shape and space buildings to assure adequate daylight access to street and adjacent buildings. Offset building layouts to allow significantly more daylight penetration. The maximum room depth should be 2 to 2 ½ times the height of the window wall to maintain a minimum level of illumination and an even distribution of light. Rooms should be organized into thin buildings to have daylight available for each space. If narrow buildings (<30’ wide) are not possible to achieve given other green building goals, consider hollow rectangular shaped buildings, buildings with stepped floor levels or U-shaped buildings. Zone rooms within the building so that activities that need higher lighting levels are near the windows and activities that don’t need light are in darker areas. Use light colored surfaces to reflect daylight and increase the light levels within the space. 30-feet 60-feet Daylighting. It is important to have appropriate room depths and even distributions throughout the building for good natural daylighting. Angles. A daylight spacing angle of 30 degrees should be used to shape and space buildings to assure adequate daylight access to street and adjacent buildings. Buildings should be stepped back accordingly. 30° 60’125’ Page 269 of 688 DOWNTOWN OLYMPIA ACTION PLAN30 Natural Ventilation Research has shown that people accept, even enjoy, the more widely fluctuating temperatures available in naturally ventilated building, particularly when these conditions are under individual control. Recognizing this factor can save tremendous amounts of energy. Below are strategies to reinforce natural ventilation. Strategies Design wind breaks Wind breaks should be used to create edges that shelter buildings and open spaces thereby reducing window flow Rooms and the windows within the rooms should be organized to promote cross ventilation. BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Ventilation. Recognizing prevailing winds and organizing windows for good cross- ventilation are key principles for ventilation design. Page 270 of 688 BEST PRACTICES 31 BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Use Replenishable Sources to Minimize Habitat Loss and Species Extinction Much of the destruction wrought on the planet by industrial civilization is because standard building practices do not employ replenishable sources for energy, water, and building materials. Water In the United States, approximately 340 billion gallons of fresh water are withdrawn from rivers, streams, and reservoirs every day to support commercial and residential uses. This volume accounts for about one-quarter of the total water use in the U.S. Strategies for water reuse generally have been neglected in the past. Strategies Water Capture and Processing Water efficiency measures in commercial buildings can easily reduce water usage by 30% or more. Using reclaimed water (grey water) or collected rainwater for potable systems can save an additional 30-40% of water use. Stormwater Management Surface permeability is reduced as areas are developed, resulting in increased stormwater run-off volumes. The stormwater run-off contains sediment and other contaminants that have a negative impact on water quality, wildlife, navigation and recreation. Conveyance and treatment of storm water also requires costly and redundant infrastructure systems. Green roofs, bioswales, retention ponds, and permeable pavement should be planned as part of development projects. Water-Efficient Landscaping Successful water-efficient landscaping depends on site location and design. It is advantageous to couple landscape improvements with water use reduction strategies. The use of native or adaptive plants can reduce site maintenance needs, as well as limit water use. Vegetation can also aid passive cooling, serve as a wind break, provide pleasant views and muffle noise, as well as provide habitat for wildlife. Water Capture and Treatment. There are a number of ways to capture, treat, store, and use water that falls onto a building site - from simple bioswale and green roof systems to more complex capture, treatment, and storage systems. Page 271 of 688 DOWNTOWN OLYMPIA ACTION PLAN32 BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Energy Conventional, fossil-based generation of electricity releases carbon dioxide which contributes to global climate change. Strategies Reuse existing buildings to take advantage of embodied energy. Buildings not only use energy, but they also take energy to make. This energy is called embodied energy, which is all the energy required to extract, manufacture and transport a building’s materials, as well as those required to assemble and finish it. Reusing existing buildings. Below are three examples of adaptively-reused buildings in Downtown Portland: [1] The Avenue (residential), a former Meier and Frank warehouse, [2] The Nines (hotel and retail), a former department store and office building, and [3] The Creative Services Building (flexible offices space), a light manufacturing building. Page 272 of 688 BEST PRACTICES 33 BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Materials When materials are selected for a project, it is important to evaluate new and different sources. For example, salvaged materials can be substituted for new materials, a move which can both save cost and add character. Selecting recycled content materials in lieu of new materials reuses waste products that would otherwise be deposited into landfills. Using local materials supports the local economy and reduces transportation, while using readily renewable materials minimizes natural resource consumption and better matches the harvest cycle of the resources. Strategies Reduce and recycle building materials. Obsolete buildings, their materials, and components tend be treated as waste. Yet many building materials can be recycled into new buildings and components to be adapted for long life. Reuse building materials and products in order to reduce the demand for virgin materials, thereby reducing impacts associated with the extraction and processing of virgin resources. Use non-toxic and recycled content building materials. Some modern building materials and components are non-recyclable, and produce poisonous toxins when manufactured and installed. These toxins are harmful to both the environment and the people and animals who live, work, and play in the buildings and should be avoided at all costs. Recycle building waste. Divert construction and demolition debris from disposal in landfills and incinerators by redirecting recyclable resources back to the manufacturing process. Enable others to recycle. Facilitate waste reduction for future building occupants by designing and creating areas for collecting and storing recyclables. Deconstruct. Reuse. Recycle. Olympia Salvage is a non-profit organization whose mission is to promote environmental sustain- ability, to divert building materials from the waste stream, and to provide affordable alternatives to the consumption of our limited natural resources. Page 273 of 688 DOWNTOWN OLYMPIA ACTION PLAN34 BEST PRACTICES: SUSTAINABLE BUILDING PRACTICES Minimize Human Activities on Flora and Fauna to Promote Biodiversity The continued outward spread of development and sprawl threatens the few wild places that remain. Decentralized communities increase transportation and pollution. As flat, easy-to-build-on land diminishes, pressure increases to develop sensitive areas that are easily harmed or destroyed. Develop projects on previously developed sites. Select either greyfield or brownfield sites and don’t build on the following locations: within 50-100 feet of wetlands, on or adjacent to sensitive ecological habitats, such as primary dunes, old growth forests and virgin prairie, or within the 100 year floodplain. Limit light pollution Light trespass from poorly designed outdoor lighting systems can affect the nocturnal ecosystems, and light pollution limits night sky access. Through thoughtful design, outdoor lighting can address night sky visibility issues and site illumination requirements while minimizing the negative impact on the environment. Community and Connection To achieve a sustainable culture, green building must regenerate a sense of community and connection with the natural world, thus giving a sense of belonging and community. Transport, particularly automobile use, is the second largest consumer of energy after buildings. Even the most energy-efficient work place, if sited miles beyond access to public transport or other development, would do nothing to either address climate change or creating a sense of community. A building’s location in terms of its accessibility and proximity to a range of other functions is thus critical in determining how green that building can be. Page 274 of 688 Urban Land Institute$ Ten Principles for Developing Successful Town Centers Ten Principles for Developing Successful Town Centers 10PTC Cover 6/22/07 10:24 AM Page Covr1 Page 275 of 688 Ten Principles for Developing Successful Town Centers Michael D. Beyard Anita Kramer Bruce Leonard Michael Pawlukiewicz Dean Schwanke Nora Yoo 10 Prin TownCtrs 6/21/07 10:33 AM Page i Page 276 of 688 Recommended bibliographic listing: Beyard, Michael D., Anita Kramer, Bruce Leonard, Michael Pawlukiewicz, Dean Schwanke, and Nora Yoo. Ten Principles for Developing Success- ful Town Centers. Washington, D.C.: ULI–the Urban Institute, 2007. ULI Order Number T36: Packet of 10 ULI Order Number T37: Single Copy International Standard Book Number: 978-0-87420-975-4 Copyright 2007 by ULI–the Urban Land Institute 1025 Thomas Jefferson Street, N.W. Suite 500 West Washington, D.C. 20007-5201 Printed in the United States of America. All rights reserved. No part of this book may be reproduced in any form or by any means, elec- tronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without written permis- sion of the publisher. About ULI–the Urban Land Institute The mission of the Urban Land Institute is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. ULI is committed to: ■Bringing together leaders from across the fields of real estate and land use policy to exchange best practices and serve commu- nity needs; ■Fostering collaboration within and beyond ULI’s membership through mentoring, dia- logue, and problem solving; ■Exploring issues of urbanization, conserva- tion, regeneration, land use, capital forma- tion, and sustainable development; ■Advancing land use policies and design prac- tices that respect the uniqueness of both built and natural environments; ■Sharing knowledge through education, applied research, publishing, and electronic media; and ■Sustaining a diverse global network of local practice and advisory efforts that address current and future challenges. Established in 1936, the Institute today has more than 35,000 members from 90 countries, representing the entire spectrum of the land use and development disciplines. Professionals represented include developers, builders, prop- erty owners, investors, architects, public offi- cials, planners, real estate brokers, appraisers, attorneys, engineers, financiers, academics, students, and librarians. ULI relies heavily on the experience of its members. It is through member involvement and information resources that ULI has been able to set standards of excellence in development practice. The Institute has long been recognized as one of the world’s most respected and widely quoted sources of objective information on urban planning, growth, and development. ULI Project Staff Maureen McAvey Executive Vice President, Initiatives Michael D. Beyard Senior Resident Fellow, ULI/Martin Bucksbaum Chair for Retail and Entertainment Dean Schwanke Senior Vice President, Publications and Awards Michael Pawlukiewicz Director,EnvironmentandSustainableDevelopment Anita Kramer Director, Retail Development Nora Yoo Project Associate Nancy H. Stewart Director, Book Program Managing Editor Lise Lingo, Publications Professionals LLC Manuscript Editor Betsy VanBuskirk Art Director Book and Cover Design; Layout Craig Chapman Director, Publishing Operations Cover photograph: Downtown Silver Spring, Silver Spring, Maryland. ©The Peterson Companies. ii 10 Prin TownCtrs 6/22/07 10:22 AM Page ii Page 277 of 688 iii Participants Chair Peter A. Pappas President/Managing Partner Pappas Properties, LLC Charlotte, North Carolina Developers Leigh M. Ferguson EVP, Director of Urban Living Sloss Real Estate Birmingham, Alabama James A. Ratner Chief Executive Officer Forest City Commercial Development (Group) Cleveland, Ohio Yaromir Steiner Chief Executive Officer Steiner + Associates, Inc. Columbus, Ohio Planners, Urban Designers, Architects Michael D. Beyard ULI/Martin Bucksbaum Chair for Retail and Entertainment Washington, D.C. Kevin R. Cantley President/Chief Executive Officer Cooper Carry, Inc. Atlanta, Georgia Bruce Leonard Principal StreetSense, Inc. Bethesda, Maryland Charles “Terry” Shook President Shook Kelley Charlotte, North Carolina Market Specialists Michael P. Buckley Director, MSc in Real Estate Program Columbia University New York, New York Robert J. Gibbs President Gibbs Planning Group Birmingham, Michigan Gregg T. Logan Managing Director Robert Charles Lesser & Co., LLC Orlando, Florida Public Officials Frank Gray General Manager City of Scottsdale, Arizona Phyllis M. Jarrell Director of Planning City of Plano, Texas Philip S. Lanzafame Director of Development Services City of Glendale, California 10 Prin TownCtrs 6/21/07 10:33 AM Page iii Page 278 of 688 For more than half a century, suburbanization has been the dominant force in America’s metropolitan growth and development. During this period the nation’s population has shifted dramatically, so that today more Americans live in suburbs than anywhere else. In fact, two suburbs—Mesa, Arizona, and Arlington, Texas—are now among the 50 largest cities in America, and the next census will likely include more. As suburban populations have soared, along with jobs and shopping opportunities, many suburbanites have happily chosen to live independent of the older cities that form the core of their metropolitan areas. Many never visit the city except for an occasional concert, sporting event, or night on the town. At the same time, subur- banites are increasingly aware of the growing shortcomings of their own communi- ties. They do not like monumental traffic jams, deteriorating suburban strips, obso- iv Introduction Victoria Gardens in Rancho Cucamonga, Cali- fornia, became an instant downtown for an exurban community that needed one.FOREST CITY ENTERPRISES 10 Prin TownCtrs 6/21/07 10:33 AM Page iv Page 279 of 688 lete shopping malls, an aging monoculture of single-family homes, and environmen- tal degradation. These problems are all evidence of the lack of a strong civic presence. One consequence of the development patterns of the past 50 years is that there are few public places in suburbia where all segments of society can get together to interact, to celebrate, to stroll, to protest, to sit and watch the world go by, or just to enjoy day-to-day living. The reason: these types of places are typically found in and around downtowns, and downtowns were never part of the suburban dream. From the beginning, suburbs revolved around such private pleasures as backyard bar- becues, football practice, country clubs, and stay-at-home moms. Downtowns were considered anachronisms at best. At worst, they were considered to be filled with crime, deterioration, poverty, and people to avoid. As a result, suburban downtowns never got built. Shopping was also designed to be different in the suburbs. Gone were the street- front stores that were intimately connected with the life of the community in cities. v Construction began on the Reston Town Center in Reston, Virginia, in 1990. Today, it continues to grow. 10 Prin TownCtrs 6/21/07 10:33 AM Page v Page 280 of 688 That eclectic mix of new and old, mom- and-pop stores, and personalized service was replaced by more standardized, no- hassle environments with predictable chain stores, mass market appeal, and plentiful parking in an impressive array of sophisticated shopping center types, formats, and environments. Gone too were opportunities to walk to the corner store, the movies, the library, the town square, or the local café, because land uses were designed to be separate. That made sense when industrial uses domi- nated cities, but it does not make sense today. Seven factors are driving a sea change in suburban attitudes toward cities and downtowns: 1. The typical suburbanite has changed. No longer is suburbia dominated by white, middle-class couples with chil- dren. Today, the suburbs are as diverse as the cities they surround, in terms of race, culture, income, age, sexuality, and lifestyle. This shift suggests that differ- ent development solutions are needed to meet contemporary needs—such as a range of housing types to accommodate all lifestyles at different life-cycle stages. 2. The problems associated in past years with downtowns, especially crime, deteri- oration, and visual blight, have dissi- pated. Today, downtowns are cool again. 3. Relentless, low-density suburban development patterns that require a car to go anywhere are unsustainable, given the projected scale of suburban growth. vi Designed in 1922 and built out over years, the iconic Country Club Plaza in Kansas City, Mis- souri, is the forerunner of today’s generation of town center developments.WAYNE NICHOLS 10 Prin TownCtrs 6/21/07 10:33 AM Page vi Page 281 of 688 4. There is a powerful desire in suburbia to recreate the sense of community and connectedness that was lost as metropolitan areas grew so quickly in the past few decades. 5. Suburbanites, like all people, harbor a simple desire for more convenience in their busy lives. 6. Smart growth movements are gaining popularity as voters begin to realize the hidden costs of current suburban development practices. 7. Although suburbanites now actively seek a downtown environment, most do not want to live downtown. But that does not mean that they do not want the ameni- ties of a sophisticated urban lifestyle. As suburbs age and take on many of the characteristics of cities, they need to evolve as cities have evolved for millen- nia: creating walkable environments, broadening housing choices, offering mobility options, mixing land uses, selectively increasing densities, enhanc- ing their civic and cultural presence, increasing diversity, and redeveloping obsolete and underused properties to provide more cosmopolitan environ- ments and amenities. This is already beginning to happen. Downtowns, those places that many suburbanites have avoided for decades, are among the last missing pieces of the suburban develop- ment puzzle. Now being fit in place from coast to coast, they are called town centers. Numerous obstacles can retard the natural evolution of suburbs into more livable and sustainable communities that include town centers with urban amenities: NIMBYism is at the forefront of actions to short-circuit suburban evolution. Assem- bling and developing land parcels that are suitable for town centers sometimes requires complex and sophisticated partnerships between the community and private landowners. Zoning and subdivision regulations must often be modernized. Mixing commercial, residential, civic, and cultural uses raises unusual development chal- lenges and adds costs to the development process. And integrating contemporary, vii What Is a Town Center? A town center is an enduring, walka- ble, and integrated open-air, multiuse development that is organized around a clearly identifiable and energized public realm where citizens can gather and strengthen their commu- nity bonds. It is anchored by retail, dining, and leisure uses, as well as by vertical or horizontal residential uses. At least one other type of develop- ment is included in a town center, such as office, hospitality, civic, and cultural uses. Over time, a town cen- ter should evolve into the densest, most compact, and most diverse part of a community, with strong connec- tions to its surroundings. 10 Prin TownCtrs 6/21/07 10:33 AM Page vii Page 282 of 688 large-format retail space and adequate parking into an urban context is difficult. But communities throughout the country are succeeding. As part of its mission to examine cutting-edge issues and propose creative solutions for improving the quality of land use and development, the Urban Land Institute convened a smart growth workshop June 26–28, 2006, in Washington, D.C., to dis- till ten principles for developing successful suburban town centers. During three days of intensive study, a team of planning and development experts drawn from around the United States toured and studied three very different town centers in viii 10 Prin TownCtrs 6/21/07 10:33 AM Page viii Page 283 of 688 northern Virginia: Market Common, Clarendon in Arlington; Fairfax Corner in Fairfax; and Reston Town Center in Reston. The ULI teams were made up of leading town center developers, public planners, architects, economic consultants, and property advisers. They visited each site, reviewed information about them, and met as separate teams to set out their find- ings, conclusions, and recommendations. The teams then met jointly to debate, con- solidate, and refine their conclusions. The lessons learned from these town centers can be applied wherever the public and private sectors are wrestling with the chal- ix Botany Town Centre in Auckland is New Zealand’s largest retail development.ALTOON & PORTER 10 Prin TownCtrs 6/21/07 10:33 AM Page ix Page 284 of 688 lenges of creating sustainable town centers for their communities. Such town cen- ters include those that are created from scratch on greenfield sites and those that are integrated with existing development through additions or redevelopment, regardless of whether they are under single or multiple ownership. This report pres- ents the results of ULI’s workshop, including a definition of town centers and ten principles for creating them. x Mizner Park in Boca Raton, Florida, replaced a failed mall with a mix of uses surrounding a lush public park.COOPER CARRY 10 Prin TownCtrs 6/21/07 10:33 AM Page x Page 285 of 688 Ten Principles for Developing Successful Town Centers Create an Enduring and Memorable Public Realm Respect Market Realities Share the Risk, Share the Reward Plan for Development and Financial Complexity Integrate Multiple Uses Balance Flexibility with a Long-Term Vision Capture the Benefits That Density Offers Connect to the Community Invest for Sustainability Commit to Intensive On-Site Management and Programming 10 Prin TownCtrs 6/21/07 10:33 AM Page 1 Page 286 of 688 Developers, urban designers, and public officials increasingly view the public realm as the single most important element in establishing the character and drawing power of a successful town center. Streets, plazas, walkways, civic buildings, and parking all play a part. A well-designed public realm functions as anchor, amenity, and defining element for a town center. Create a Central Place for the Community A successful public realm is one in which commerce, social interaction, and leisure time activities mix easily in an attractive, pedestrian-friendly, outdoor setting. Peo- ple are drawn by the simple enjoyment of being there. If that enjoyment is to be felt, the public realm and public spaces must be well designed and programmed. A well-conceived public realm has the following attributes: ■It is a compelling central space that people are attracted to for its placement, design, and surrounding uses. The space can be a street, a boulevard, a square, or a combina- tion of all three with other urban design elements. ■Movement between uses is easy, and sight lines facilitate wayfinding and encourage exploration. ■Effective programs and events are used to animate the space, and the capacity of the management is adequate to ensure programming for the space. ■Open spaces are sized and shaped to allow events to be held in them. They provide stage areas and technical sup- port where appropriate. ■The public realm is open to programs that are significant to the community, such as charity events, holiday events, and civic events. It becomes a true public place, taking on a life of its own. As a part of the community that goes beyond simple commerce or public relations, it ultimately becomes a place with a history. The public realm should allow for the integration of the people, the place, and the larger community. ■The public realm is inclusive and brings together all the different segments of the community that may wish to visit or use the public spaces. ■An experience is created and delivered that the market values and that generates premiums for the residences and offices in the town center. ■The public realm is integrated with adjacent uses that significantly enliven the public space, such as bookstores, libraries, public buildings, cultural facilities, 11Create an Enduring and Memorable Public Realm 2 Mizner Park in Boca Raton, Florida, provides a dramatic public realm at night that helps extend the hours of shopping and dining. COOPER CARRY 10 Prin TownCtrs 6/21/07 10:33 AM Page 2 Page 287 of 688 restaurants, and general retail. Each of these uses has its own vocabulary for meeting the street and interacting with the public space that must be carefully considered in the urban design plan. ■Busy and fragmented contemporary life is balanced with comfort and convenience—the public realm is a place that restores the soul. ■Highly visible and easily accessed, the public realm is well connected to roads, transit, and parking infrastructure. ■Whether publicly or privately owned, the public realm has a strong civic identity and feels like a public space. Freedom of speech and political expression, hall- marks and traditions of historic town centers, are respected. The town center project therefore has a competitive edge over other conventional projects. ■Public and private responsibilities are clearly defined. For example, the streets might be public to the curb and include eight feet of the sidewalk; the remaining ten feet of the sidewalk might be private (where restaurants and stores can have a presence). Thus, the public sector has a role in day-to-day operations but pri- vate expression and flexibility are encouraged as well. ■The big idea is to create a place that is the place to be—to make the place as authentic as possible, a place that will have lasting identity. Define the Public Realm with Streets, Open Space, and People Places The key design elements for a town center are walkability, good circulation, connec- tivity, and parking. A good town center plan has a street framework and design that creates harmony among buildings and open space, the automobile and the pedes- trian, work and leisure, and commercial and residential uses. It is critical to create a framework that elevates the pedestrian experience through great public spaces, good urban design, well-designed parking schemes, wayfinding strategies, and effective management plans. A well-designed public realm includes several features: ■A well-conceived street and block pattern and network: A sound pattern and an effective street and open-space plan allow flexibility and adaptability that permit the public realm to evolve, change, and grow over time. ■Well-defined and arranged streets, sidewalks, plazas, squares, parks, promenades, courtyards, walkways connecting to parking facilities and surrounding areas, en- closed public spaces, public and civic buildings, cultural facilities, and parking facilities: These elements reinforce one another and work together to create gather- 3 Cultural activities such as this chamber ensemble concert held at Mizner Park, in Boca Raton, Florida, help create memories that bring people back.COOPER CARRY 10 Prin TownCtrs 6/21/07 10:33 AM Page 3 Page 288 of 688 ing spaces and sidewalk areas where retail and leisure meet. The creation of com- pelling “outdoor rooms” and gathering places should be a highlight of the plan. ■A hierarchy and guidelines for street spaces and uses, including the width of streets and sidewalks, the heights of buildings, and the quality and level of land- scape elements: Streets should be neither too wide nor too narrow, and this scal- ing will vary from street to street within the town center and with the scale and nature of the project. ■Sidewalks that are sized according to their intended use and place in the overall scheme: Wide sidewalks are planned where restaurants and al fresco dining will be concentrated. Narrower sidewalks are planned on less intensively used streets. Pedestrian walkways from parking structures and surrounding areas are clearly linked to the signature space. ■A scale that is comfortable for pedestrians: The buildings engage the street through fenestration, materials, awnings, and store signage and lighting. Storefront designs avoid banality and allow for differentiation, so each store can brand itself strongly. Pedestrian-scaled signage is big enough for drive-by traffic to see but not obtrusively large. ■On-street parking animates the streets with slow-moving vehicles, provides a protective wall of cars for pedestrians, and delivers convenient parking. Two-lane streets with two-way traffic and street parking on both sides work fine. Alterna- tively, central parks or narrow boulevards can be used to divide traffic into one-way loop routes on either side of the park or boulevard, with parking on one or both sides of each street, as was done at Mizner Park in Boca Raton, Florida; Market Common, Clarendon in Arlington, Virginia; Birkdale Village in Huntersville, North Carolina; Southlake Town Square in Southlake, Texas; and Santana Row in San Jose, California. ■Lighting for people, not cars: Storefront lighting is particularly effective in creat- ing an attractive nighttime public realm, including both ground-level and upper- level windows and signage. Intense light is detrimental to an attractive atmos- phere, and too little light makes the space seem unsafe. ■Landscaping and art are essential ingredients in place making. Tree canopies are important defining elements in the public realm and provide shade in outdoor shopping environments. Water features, seating, landscaping features, street fur- niture, and signage all play important roles in defining the public realm. Public art creates unique places. 4 Suwanee Town Center in Suwanee, Georgia, draws a crowd that enjoys its interactive fountain.GREGG LOGAN RCLCO 10 Prin TownCtrs 6/21/07 10:33 AM Page 4 Page 289 of 688 Urban design is coordinated so that the public realm emerges as each phase is built. For example, both sides of a street should be developed at the same time when possible, and signature public spaces should be surrounded by build- ings as soon as possible. Public spaces without surrounding buildings and uses often look like vacant lots. Shape and Surround the Public Realm with Fine Buildings Although the public realm is largely the space between buildings, that realm and space is very much affected and defined by the buildings that surround and shape the space. Thus, development of the designs for these buildings should involve careful consideration of the impact on the public realm. These buildings should be fine buildings but not necessarily iconic architec- ture. Buildings and open space must be carefully integrated and mutually supportive. One-story buildings, generally, do not effectively shape an attractive realm. Two-, three-, and four-story buildings are ideal because they are tall enough to define the space but not overwhelm it. Taller buildings can work as well, although higher buildings will block sunlight and this can detract from the public realm. The larger the public realm spaces, the larger the buildings that can effectively surround them. The quality of materials and architecture visible from a public space shape and pro- vide character to that space. Materials with lasting qualities and local appeal can establish authenticity; without such materials, the place may not be viewed as authentic or timeless. Buildings that face onto the signature public spaces must have a sense of permanence that makes a statement about the authenticity of the town center. Historic buildings should be included where possible because they add value. The restored church at the heart of CityPlace in West Palm Beach, Florida, is a prime example. Iconic buildings can be elements in place making but are not essential. Buildings should reflect authenticity, genuineness, and honest design, and respect the local context. They can be eclectic, offer a variety of styles, provide for intimacy and serendipity, and provide an element of surprise and possibly even grandeur. Architectural variety allows the town center to look as if it has been developed over time, which greatly contributes to the feeling of a place that is authentic. 5 An enduring, memorable public realm is char- acterized by a pleasant and walkable environ- ment where pedestrians can window-shop while others dine al fresco.STREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 5 Page 290 of 688 Athriving town center is well tuned to the level and nature of the market that supports it. Understanding the market entails understanding not only popula- tion counts and income levels but also growth, competition, access, and aspirations. Each planned component in a town center should be evaluated separately to deter- mine its basic strengths and the scope of its potential. But then all components must be evaluated together to determine their compatibility and the mix that works best for each component while offering an integrated, lasting environment. The goal is to provide a town center that is greater than the sum of its parts. In a mixed-use setting, retail uses drive residential and office uses. The retail com- ponent sets the tone of the general environment in two ways, through the tenant mix and through the nature of retail. First, through the tenant mix it makes a state- ment about the nature of the experience in the town center. Is entertainment offered through restaurants, bookstores, and cine- mas? Performing arts or fine arts facili- ties also provide entertainment but generally do not keep people in the area if these retail com- ponents are not also present. Does the tenant mix include specialty stores? Are the tenants 22Respect Market Realities 6 A merchandising plan considers the retail mix for target markets and the necessary balance of demographic and lifestyle groups.STREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 6 Page 291 of 688 upscale, middle-of-the road, or discount stores? Each provides different levels of browsing appeal, convenience, and customer traffic. Is there a supermar- ket? Supermarkets provide a convenience for nearby existing and future neighborhoods, and the type of supermarket—upscale or mainstream—is often one of the determinants of ambiance. Second, through the very nature of retail—trips to a variety of retail spaces by hundreds or thousands of customers per day, almost all on street level—a high level of pedestrian activity is sustained. Although office workers and residents generate additional pedestrian activity, they do not provide the ongoing volume of activity generated by the retail component. Further, prox- imity to stores and restaurants is a selling point for residential units and office space in town centers, whereas on-site residential and office activity is a small factor in most stores’ locational decisions. A retail market analysis answers two “big picture” questions: ■What type of retail project can be supported by the market? Types include traditional neighborhood or community centers, more upscale centers com- monly referred to as “lifestyle centers,” power centers, regional and super regional centers, or hybrids consisting of elements of any or all of these. Hybrids are becoming increasingly common. 7 High-density residential provides a good market base for retail at Atlantic Station, in Atlanta, Georgia. Washingtonian Cen- ter, in Gaithersburg, Maryland, was one of the first town centers to mix big-box dis- count stores with full-price and neigh- borhood convenience stores in a pedestrian environment.GREGG LOGAN/RCLCO 10 Prin TownCtrs 6/21/07 10:33 AM Page 7 Page 292 of 688 8 ■What size could the retail component be? Size refers to built space and can range from less than 100,000 square feet to more than 1 million square feet. A retail market analysis follows six basic steps: ■Determine the spending patterns of the surrounding population—where people shop, how much they spend. ■Document the type, size, and location of existing and planned competitive retail facilities and districts, both nearby and in the region. ■Identify the likely new trade area on the basis of the analyses of those spending patterns and competing facilities. ■Calculate total buying power in the trade area and the amount expected to be captured by the new project. ■Translate captured buying power into supportable square footage. ■Conduct a site and traffic analysis to ensure that the projected development can be accommodated. Office activity in a town center can range from second-story office space above retail to a freestanding class A high rise. An office market analysis evaluates existing Zona Rosa, in Kansas City, Missouri, creates a focus for a low-density suburban market. The market in Boca Raton, Florida, expects amenities such as valet parking at Mizner Park.COOPER CARRY 10 Prin TownCtrs 6/21/07 10:33 AM Page 8 Page 293 of 688 office space in the region, including tenant types, building age, building size, and concentrations and occupancy rates, as well as planned developments, transporta- tion improvements, and industry trends. Residential units in a town center can include apartments over retail, loft units, apartment or condominium buildings, townhomes, and live/work units. Residential market analysis always looks at population growth projections and at market seg- ments of the population that may be at a point in their life cycles when density and convenience are most attractive. Such segments include young professionals and empty nesters. 9 Victoria Gardens in Rancho Cucamonga, Cali- fornia, provides many retail environments to serve different shopping needs.RMA ARCHITECTURAL PHOTOGRAPHERSERHARD PFEIFFER PHOTOGRAPHERALTOON + PORTER ARCHITECTSERHARD PFEIFFER PHOTOGRAPHER 10 Prin TownCtrs 6/21/07 10:33 AM Page 9 Page 294 of 688 Developing well-designed, successful town centers some- times requires merging public and private interests and resources so that by sharing the risks, the rewards can also be shared. The conventional process of development is confronta- tional—an arm-wrestling contest between the local govern- ment and the developer to see which will get the best of the other from the process. Developing a collaborative partnership arrangement can avoid this zero-sum game and produce out- comes that benefit all partners. Public/private partnerships can be beneficial for a number of reasons: ■Local governments can no longer bear the full burden of the costs for required public infrastructure and facilities. Private sector partners can share the costs. ■Neither private nor public interests are served by lengthy delays in the entitlement process. Public sector officials can facilitate the review and approval process. ■Planning and zoning controls are often either inadequate or too inflexible to ensure the desired public or private outcomes. The public and private sectors can work together to see that the process is less important than the desired outcome. ■The citizens of the community must be engaged and their views heard. Public and private partners can bring unique skills and resources to the process and together nourish a supportive consensus within the community. Today, public/private partnerships are seen as creative alliances formed between a government entity and private developers to achieve a common purpose. Other stakeholders, such as nonprofit associations, have joined these partnerships. Citizens and neighborhood groups also have a stake in the process. Although each such partnership is unique in its local implementation, most share development phases that are bounded by similar legal and political limits. In the first phase—conceptualization and initiation—stakeholders are surveyed for their opinions of the vision for the town center and the surrounding community and part- ners are identified. In the second phase, entities document the partnership and begin to define project elements, roles and responsibilities, risks and rewards, and decision-making and implementation processes. The partners negotiate the deal and 33Share the Risk, Share the Reward 10 Civic uses can grow out of public/private part- nerships and add to the liveliness and diver- sity of the town center, as at Victoria Gardens in Rancho Cucamonga, California.RMA ARCHITECTURAL PHOTOGRAPHERS 10 Prin TownCtrs 6/21/07 10:33 AM Page 10 Page 295 of 688 reach agreement on all relevant terms. In the third phase, the partnership attempts to obtain support from all stakeholders, including civic groups, local government, and project team members. Project financing begins and tenant commitments are secured. In the fourth phase, the partnership begins construction, leasing and occu- pancy, and property and asset management. The process is repetitive and can continue beyond the final phase, when partners manage properties or initiate new projects. A partnership is a process, not a product. Successful navigation through the process results in net benefits for all parties. The public sector can leverage and maximize public assets and increase control over the development process to create a vibrant built environment. Private sector entities can receive more support throughout the development process and have more certainty about approvals, timing, and accept- able and profitable outcomes. 11 SouthSide Works, in Pittsburgh, Pennsylva- nia, is the product of a public/private partner- ship to redevelop the site of an old steel plant on the Monongahela River and reconnect the community to the waterfront.DEVELOPMENT DESIGN GROUP 10 Prin TownCtrs 6/21/07 10:33 AM Page 11 Page 296 of 688 Risks Public/private partnerships can encounter various types of risk: ■Market risk: Will the projected demand for space be realized? ■Construction risk: Will the project meet the budget and the schedule? ■Ownership risk: Will all the hazards of owning and operating a development, such as tenant leasing, be overcome? ■Interest-rate risk: Will the interest rate increase? ■Performance risk: Will the project achieve the public purpose for which govern- ment justified its participation? Rewards The most obvious rewards for the public are the net economic and fiscal benefits— jobs, infrastructure, taxes, fees, increases in the community’s wealth and tax base— that can be produced by joint action to overcome obstacles. Less tangible is the message that the community is on the move, that it is progressive in advancing the welfare of its residents. Public officials also enjoy gratification and recognition for 12 Public events help integrate the town center into the fabric of the community, as at Suwanee Town Center, in Suwanee, Georgia. 10 Prin TownCtrs 6/21/07 10:33 AM Page 12 Page 297 of 688 their work. Meanwhile, the public benefits from enhanced community amenities, a greater sense of identity, and increased economic development. The benefits to the private developer are perhaps the most obvious and readily measured, because a deal must be profitable after paying all costs associated with the investment of time and resources. In addition to the nonfinancial returns to ego and self-esteem that are produced by a successful project, developers have reputations to build and protect if they are to participate in other deals and con- tinue to prosper. Although the risks and rewards of a particular public/private partnership may be more easily measured in the private sector, the public concerns are no less impor- tant. A disciplined accounting of expected rewards and risks, or benefits and costs, goes a long way toward demonstrating to key stakeholders and the general public alike that a deal is worth doing. The public must know that all relevant factors of the deal are being considered—that risks are being carefully defined and evaluated and steps are being taken to offset or mitigate them. Clearly, the objective of this accounting should be to show that the ultimate outcome of the partnership will be positive for both the public and the private partners as a result of their respective investments and risk taking. If an accounting of risks and rewards fails to show such a positive outcome, good reason exists to reconsider the undertaking. 13 Also available from ULI: Ten Principles for Successful Public/ Private Partnerships By partnering and sharing the risks and rewards, public officials and developers are completing urban renewal projects such as mixed-use space, affordable hous- ing, and conven- tion centers that might have been impossible using more traditional methods. This publication presents principles to help all parties navigate the development process and get the job done, whether for a single project or a long-term plan. Examples and case studies highlight best practices. Urban LandInstitute$ Ten Principles for Successful Public/Private Partnerships 10 Prin TownCtrs 6/21/07 10:33 AM Page 13 Page 298 of 688 Financing and ownership issues in town centers involve numerous levels of com- plexity beyond those that occur in most single-use projects. This complexity typically includes one or more of the following aspects: ■Large overall project size with large capital requirements; ■A number of uses that may be financed separately and have distinct financing requirements and market cycles; ■Phasing strategies that may require separate financing for each phase; ■Several owners or equity sources of capital, including unusual ownership struc- tures or multiple ownership structures; ■Management issues that affect ownership, including covenants, maintenance and management agreements, condominium uses, and the like; ■Lenders who evince a lack of understanding or interest; ■Longer predevelopment periods, requiring high levels of upfront, at-risk equity; ■Longer construction and overall development time frame, exposing the project to greater market and financial risk; ■Higher overall risk, requiring higher returns to compensate; 14 44Plan for Development and Financial Complexity The ambitious scale of planned town centers often requires phasing development projects in line with market demand. Phasing may require different financing strategies because early phases are riskier and later phases will be enhanced by the ongoing success and syn- ergies of completed projects.STREETSENSERETAIL RESIDENTIAL MIXED-USE RESIDENTIAL OVER RETAIL OFFICE MIXED-USE OFFICE OVER RETAIL RESTAURANT MIXED-USE HOTEL OVER RETAIL CINEMA PARKING 10 Prin TownCtrs 6/21/07 10:33 AM Page 14 Page 299 of 688 ■Higher development costs per square foot, including higher legal costs, design fees, and construction costs, and larger contingencies; and ■Public financing opportunities and challenges. Use a Well-Organized, Well-Capitalized Approach with Resilience and Vision To address these issues, developers of town centers must be experienced, well organized, and very well capitalized. Town center developments are typically taken on by private developers that have a strong vision and the staying power to see developments through to completion. Developers must have a long-term outlook and be ready to embark on a long process, staying with the project well into the operating period. They will need to develop a financial plan and structure that includes substantial upfront, at-risk equity to get the project through a long approval and predevelopment process—a process that may well end in a no-go decision, resulting in the loss of a lot of money. Developers and their financial partners need to stay with the development well into the operating period because it may take some time to achieve the initial vision and to attain stabilized operations and income, especially when phasing is involved. Profits on town centers are often made in the latter years of the holding period, when the project is fully built out and performance is fully optimized. Suc- cess also requires implementing and fine-tuning an effective management plan. The management plan is essential to establishing solid operating performance over a period of years and to achieving the final vision. A long-term view and patient capital are essential ingredients. Financial analysis must recognize the many ways in which mixed uses will affect construction costs, projected revenues, and operations. Although mixed uses will likely lead to higher revenues and greater profits, they also entail higher costs and greater risks. All these factors must be reflected in the financial planning process. Attract Financing and Work with Multiple Sources Financing for town centers frequently involves equity from numerous equity capital sources, which may participate in the whole deal or just portions of it. Financing may involve multiple owners and equity sources for each element of the project. Legally defining where each ownership interest begins and ends is a unique and critical step in town center projects. Maintenance and management responsibilities for common area elements must be carefully spelled out in ownership and manage- ment agreements. Considerable time and effort must be spent on ownership and legal issues up front. 15 10 Prin TownCtrs 6/21/07 10:33 AM Page 15 Page 300 of 688 Significant time and effort will also be required to arrange and obtain debt financ- ing. Multiple-use projects require lenders who recognize and understand the various uses in the project, how they are operated, and how they fit and work together. The lender must be willing to finance something different, something that does not fall into standard single-use categories. This is a difficult stretch for many lenders; thus the developer needs to spend time finding the right lender. Even then, a certain amount of time must be spent on educating the lender about the unique aspects of mixed-use development; public sector partners can often be helpful in this process. 16 The development of Market Common, Claren- don in Arlington, Virginia, involved a complex arrangement and integration of different types of housing and retail uses around an energized public square. 10 Prin TownCtrs 6/21/07 10:33 AM Page 16 Page 301 of 688 Another approach is to arrange separate financing for each use, but this entails arranging numerous deals, which is in itself challenging. Finding a lender who understands the vision is important, and using multiple lenders may be necessary. Using multiple lenders can work for projects in which components are separately owned. For example, there could be different lenders for residential, retail, office, hotel, and other uses. Whatever lender approach is used, the plan must not be com- promised to satisfy the lender. Capitalize on Public Financing Opportunities Town center deals often involve public financing, which can provide much-needed funding but comes with strings attached that may slow the process and increase its complexity. Municipal bonds and tax increment financing are often used to finance infrastructure improvements, parking garages, city halls or other public facilities, and other elements of a town center. Tax credits and many other public financing sources may be available. Putting together a solid public/private partnership can greatly enhance the viability and success of a town center project. It is important to look for ways to involve the public. 17 10 Prin TownCtrs 6/21/07 10:33 AM Page 17 Page 302 of 688 A mixture of uses is one of the most important qualities defining a town center. Historically, centers of towns or villages have contained a variety of uses that serve the broader community. The “work, live, shop” concept was integral to these centers: uses such as markets, civic buildings, offices, hotels, and urban parks cre- ated a vibrant environment that was active during the day and the evening. Developing a mixture of uses in a new town center or trying to introduce new uses to an existing center is not without challenges. Each use, while bringing potential 55Integrate Multiple Uses 18 Phillips Place in Charlotte, North Carolina, has both mixed-use and multiuse components in a town center environment.LINCOLN HARRIS 10 Prin TownCtrs 6/21/07 10:33 AM Page 18 Page 303 of 688 19 Key Supporting Land Uses Residential and office uses are two of the most critical uses for a town cen- ter because they ■Create synergy with retail use, including restaurants (a special subcategory of retail use); ■Add to sidewalk and street traffic—retail loves crowds; ■Contribute to a more complete experience of a neighborhood envi- ronment, in the eye of the user; and ■Complement and feed other uses and users: for example, civic build- ings and hospitality facilities. Retail and office patrons prefer open, public parking with great visibility. Residents prefer secure, private parking located close to their units.STREETSENSEbenefits and synergies to the center, has different constraints and issues affecting its development. For instance, retail, residential, and office uses have different rates of absorption. Retail uses require a critical mass and prefer to open all at once. Residential and office uses, by contrast, have smaller and more defined rates of absorption and require longer time frames to develop. These inherent differences can hinder vertical integration, result in delay, and add cost to the development. A potential solution is to consider multiple uses instead of mixed uses. Multiuse developments contain multiple uses; however, they are not completely inte- grated like mixed-use developments. In a multiuse scheme, for example, retail and residential uses are located within walking distance of one another but not within the same building. This development paradigm eliminates the complications that are often associated with the phasing and construction of traditional mixed-use projects. Multiuse development allows the entire critical mass of retail to be brought online at one time, without having to be concerned with residential or office phasing. Parking can either add value to or adversely affect a town center. Retail, residential, and office uses have similar demands for parking, whether they are in a single-use development or a mixed-use town center. While a small amount of parking can be offset in a shared environment, the savings is not substantial and large numbers of cars still must be accommodated in order for the commercial uses to be successful. Integrating parking in a town center requires consideration of the following key issues: ■Typically, commercial and retail parking is more intensive than residential parking. ■Retail and office patrons prefer large fields of parking that are public and open, with great visibility. 10 Prin TownCtrs 6/21/07 10:33 AM Page 19 Page 304 of 688 ■Residential patrons prefer secure, private park- ing arrangements located close to their units. ■Much as in single-use developments, parking needs to be well distributed and balanced to meet parking needs throughout the town center. ■Factoring in the reality and scale of parking demand can make designing for an urban experience difficult. First and foremost, town centers are place-based developments. A sense of place functions as an anchor and helps distinguish a town center from a typical single-use development. The integration of multiple uses with a multilayered system of streets, sidewalks, paths, alleys, and parks helps create a memorable environment for both the pedestrian and the patron arriving by car. Close attention must be paid to all these elements in order for a center to be successful. Integrating uses helps moderate the balance between vehicular traffic and pedestrian flow by creating different traffic peaks throughout the day and week. For example, residential uses help keep the retail uses and the sidewalks busy in the evenings, while office uses help generate activity in the center during the day. Having multiple uses or mixed uses is not as important as having a diverse range of uses. Town centers must be more than a brand name. They must connect with people at an emotional level and be perceived by the community as belonging to it. The inte- gration of multiple uses creates the diverse urban character that people identify with and enjoy. A mixed-use town center supports an environment that allows for a 20 Mixed uses are integrated vertically and horizontally. Multiuses are located within walking distance of each other and can be integrated horizontally, but the uses do not share buildings. Santana Row, a mixed-use town cen- ter in San Jose, Cali- fornia, integrates housing above the stores.STREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 20 Page 305 of 688 variety of activities, including working, living, shopping, entertainment, and leisure. The combination of residential, office, retail, and civic uses forms a neighborhood or district environment that will appeal to the public and be sustained by it. Although integrating a mix of uses comes with complications in terms of cost, financing, phasing, and parking, the result can be a development with a perceived value that exceeds the sum of its parts. When executed properly, a town center is a lasting development that holds its value and becomes an enduring asset to a community. 21 Residential uses help keep the retail uses and sidewalks busy in the evenings, while offices help generate activity in the center during the day.STREETSENSESTREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 21 Page 306 of 688 66Balance Flexibility with Long-Term Vision L ong-term vision is the framework, and flexibility is a tool for implementing it—together, they provide the basis for planning at the outset, decisions during development, and adjustments at maturity. Historically, town centers have grown and changed organically. Creating a new town center requires analogous flexibility over the course of development as markets shift, consumer prefer- ences change, and relationships among uses mature. Given the uncertainty of the future, a basic flexibility can be incorpo- rated by designating mixed-use zoning that allows for density and use to shift within a project. Further flexibility can be ensured through phased development. Each completed phase is assessed for its success as a town center component, as well as its economic success. Even the efficacy of the street grid should be reviewed. Subsequent phases should be planned to respond to changes, refine and build on successes, and correct any weaknesses. 22THOMAS HACKER ARCHITECTS National Harbor, in Prince George’s County, Maryland, is planned as a dramatically scaled mixed-use town center that will be a major destination for residents of the Washington, D.C., area as well as for tourists and conventioneers. Future phases, developed in line with growing demand, will track the long-term vision for the site. At Fairfax Corner, in Fairfax, Virginia, parking is used as a land bank for future higher-density development.THE PETERSON COMPANIESSTREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 22 Page 307 of 688 Phasing, while providing flexibility, should not be interpreted as a series of incom- plete increments. The first phase should be a viable project in itself, able to thrive commercially and establish the area as a growing town center. Each subsequent phase should merge with the existing environment to sustain viability and growth. Considerations of building design, block size, and infrastructure location also sup- port future flexibility. Large floor plates and attention to fenestration may allow for adaptive use of buildings, providing the basic requirements for retail, office, and res- idential uses. Large block sizes not only allow for these adaptable floor plates but also allow for complete redevelopment into an entirely new use, should that become appropriate in the future. Placing infrastructure around the outer edges of a surface parking lot so that later construction of a garage does not require reconfiguration also enables flexibility. These components of flexibility are essential but must be approached in the context of a long-term vision. Adjustments in size, density, mix, and location of uses must maintain the integrity of the town center concept and support the development of the community’s core. Basic concepts such as the public realm, human scale, street grids, and overall quality cannot be compromised. The notion that a town center is built for the future, to endure beyond any of its current tenants and uses, is the vision that guides the development process. Where parcels are developed over time by different developers or eventually sold, this long-term vision is of paramount importance. It requires a master planner—a keeper of the flame—to maintain the integrity and quality of the plan over time. Where ownership is more diverse, the master planner may be the jurisdic- tion in which the town center is located, supported by a vocal community and property owners invested in the town center. The role of the community is par- ticularly noteworthy because a successful town center is the true heart of the com- munity. Its success depends on the com- munity’s continued relationship with the town center. Looking forward with both a long-term vision and flexibility is key to developing and sustaining a vibrant town center. 23 Crocker Park in Westlake, Ohio. While long- term development plans should be flexible, planning and design must adhere to the long- term vision of superior quality. Crocker Park in Westlake, Ohio, will be a 12- block town center upon completion. Its vision is to include large residential neighborhoods and office development linked to the retail uses that are already operating.STREETSENSESTREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 23 Page 308 of 688 T he development of an appealing, vibrant town center requires a well- designed mix of uses at a density high enough to achieve a critical mass of people on the street. A truly successful town center will be the most densely de- veloped and lively part of the community. Designing a dense town center requires the introduction of pedestrian-friendly spaces. In contrast to the automobile’s domination of conventional low-density development, higher density makes the human scale possible. Imagine a densely developed, mixed-use center where peo- ple can easily walk along broad sidewalks lining attractive storefronts and safely cross narrow streets as they move within the development. Now picture a conven- tional strip center set behind a large parking field and next to a wide highway. The former invites people to get out of their cars and stay, perhaps walking from shopping to dining and on to other activities. The latter dissipates the energy of the center by encouraging car-based “laser” shop- ping—park the car, buy the item, get back in the car, and leave. All the same, adequate convenient parking is essential to the success of retail devel- opments and necessary for office and residential uses as well. Cars are the most impor- tant part of our transportation system and people rely on their cars to get to stores, to get to work, and to get home. Accordingly, an efficient, well-designed parking sys- tem must be planned at the beginning. It is especially impor- tant that parking be shared among uses. Thus, parking that is used by office workers during the day can be used by residents or theatergoers at night. Well-managed, convenient, and visible parking facilities contribute greatly to a town center’s appeal and incentive for use. It is important to remember, however, that one of the primary benefits of a dense town center is to keep automobiles in their place—supporting, not dominating. If cars and parking dominate the town center, it will not achieve the overall livability and pedestrian friendliness that make the town center concept work. 24 77Capture the Benefits That Density Offers Mockingbird Station in Dallas, Texas. Den- sity and transit are mutually supportive in town center environments. Easton Town Center in Columbus, Ohio. High density means more amenities, more liveliness, more synergies between devel- opment components and more choices for the public. 10 Prin TownCtrs 6/21/07 10:33 AM Page 24 Page 309 of 688 The size of a town center and the amount of parking needed are based on the size of the target market. Is the town center appealing to a regional market, a commu- nity market, or perhaps just a neighborhood market? The bigger the market is, the higher the density threshold for the project. In any case, the goal is to build to the threshold of density that is necessary to attain a critical mass for that town center. For town centers that are already built, achieving this goal means reworking the master plan to allow for more dense development. Density increases opportunities for public transit and also for cross-shopping, keep- ing the whole center thriving by creating synergy among its various uses. In a de- velopment with shorter distances between the stores, restaurants, residential spaces, and offices, residents or office workers can easily become consumers. This kind of dense, mixed-use setting is very well suited to incorporating public transit access points, thus further increasing the appeal of the center and promoting walking. Perhaps the most important fact is that denser development facilitates the creation of a sense of place. A place that is filled with people who have many places to go and things to do is full of energy. What is a town center without the liveliness that people bring to it? There is a direct correlation between that liveliness and high density. This makes high density a key element in achieving a town center develop- ment that feels authentic. 25 How Higher Density Creates Great Places to Live ■Higher density helps create walkable neighborhoods. ■Higher density supports housing choice and affordability. ■Higher density helps expand transportation choices. ■Higher density supports commu- nity fiscal health. ■Higher density helps improve security. ■Higher density helps protect the environment. The development of the Market Common, Clarendon in Arlington, Virginia, included enveloping this mixed-use development with townhouses that increased density and shielded the surrounding neighborhood from back views of the shopping center. 10 Prin TownCtrs 6/21/07 10:33 AM Page 25 Page 310 of 688 One of the defining characteristics of town center developments is that they are very public and have strong connections with the surrounding community. The fact that patrons look on town centers as public centers, not as managed shop- ping centers or private commercial developments, is an important distinction. Strong connections to surrounding neighborhoods, commercial areas, and park systems help reinforce the view that the town center is accessible to all users. A sense of owner- ship and belonging separates and characterizes town centers from traditional and lifestyle-based centers. Connectivity to a town center occurs at a variety of levels. The most obvious con- nection is through a well-designed series of roads at the arterial, collector, and local scales. Town centers, like other regional or semiregional destinations, can generate a high volume of vehicular traffic. Designing roads that are adequate to handle and distribute the traffic that feeds these centers is very similar to designing roads in conventional projects, until the roads diminish to a local capacity and the interface with pedestrian traffic intensifies. Town centers require an effective balance between pedestrian and vehicular traffic. Sidewalks, walkways, and bike trails are also key components that feed into and connect a town center to surrounding neighbor- hoods and other communities. Town center developments typically have a retail and commercial com- ponent that is place based. High volumes of pedestrian traffic and a great sidewalk experience are critical to the success of these uses. The sidewalk environment should not be overlooked as an element that can fascinate and amuse pedestrians. Given enough width, sidewalks offer opportunities to accommodate small parks, fountains, cafés, and resting areas. Along with clear sight lines into the adjacent retail spaces, 88Connect to the Community 26 Connectivity requires an understanding of the complex interrelationships among planned uses, roads, pedestrian ways, transit, open space, and the surrounding neighborhoods.STREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 26 Page 311 of 688 these components can make a sidewalk extremely effective in supporting a sense of place and expanding the experience of someone walking through the development. Designing a great sidewalk requires consideration of five points: ■Sidewalks need to be activated by being next to occupied retail space, residential stoops, and well-maintained lobbies for office and other compatible uses. ■Sidewalks need to be occupied, with people always there throughout the day and evening. ■Sidewalks need to be well maintained and free of litter. Having an involved com- munity presence is important in this respect. ■Sidewalks need to impart a sense of permanence. They should be lined by mature trees, high-quality landscaping, and high-quality materials. ■Sidewalks need to be retail-friendly, safe, secure, and comfortable. These charac- teristics are achieved by making streets easy to cross (with on-street parking) and by providing inventive signage and few sidewalk distractions. A multilayered approach to infrastructure and walkway systems needs to be consid- ered. Although the car is still the primary mode of transportation to and from town center developments, public transit, bike paths, and trails can reach out to adjacent areas and provide natural means of access. The success of these alternative modes depends on how well they can be integrated into the primary road system. 27 Connectivity must include accessibility; Victoria Gardens in Rancho Cucamonga, California.RMA ARCHITECTURAL PHOTOGRAPHERS 10 Prin TownCtrs 6/21/07 10:33 AM Page 27 Page 312 of 688 Open space can also be an important component linking a town center to a broader park system. This is particularly the case with suburban town centers, where land areas and more generous open-space requirements create opportunities for connec- tion to larger parks. Apart from the physical aspects of connectivity, another very important type of con- nection occurs at the emotional level. Successful town centers have strong bonds of ownership with surrounding neighborhoods and communities. They are perceived as real places that have qualities that are unique to them and their region. Mizner Park, as an example, has an architecture that reflects the Spanish Mediterranean characteris- tics of the region, while Country Club Place has a different, specific expression that relates to the Kansas City suburban context of the 1930s. It is the uniqueness and specifically the charac- ter of these centers that makes them special and connects them to the community. Another area that is often overlooked with respect to connectivity is the retail merchandis- ing strategy. Regional content can apply to more than architecture or physical design. Some of the most successful town centers have a great number of local and national merchants. Good local tenants have roots in the commu- nity and are typically keyed into local trends and preferences. This is particularly true of restaurants and food-related tenants, which have a strong sense of local tastes and put a lot of effort into creating places that are unique to their personalities. Developing successful town centers is a very complicated process with many issues to con- sider. A system of roads and walkways that pro- vide easy access to the center from the sur- rounding community is one of the most important elements to get right. Commercial uses, such as retail spaces, offices, and hotels, require high levels of traffic and visibility to thrive. Similarly, the place-based nature of a 28 Connectivity enhances transportation choices—driving, walking, and transit—and enhances the desirability and marketability of the town center; Broadway Plaza in Walnut Creek, California. 10 Prin TownCtrs 6/21/07 10:33 AM Page 28 Page 313 of 688 town center creates strong emotional connections with the surrounding community. A sense of uniqueness and specificity are characteristics that separate a town center from other developments or centers. Reinforcing connections at the physical and emotional levels strengthens the position of the center in the market and helps ensure its continued long-term viability. 29STREETSENSE10 Prin TownCtrs 6/21/07 10:33 AM Page 29 Page 314 of 688 Sustainability is not just a buzzword that stands for the use of green products and protection of the environment. Sustainable design uses a holistic approach that includes economic and social as well as environmental considerations. The goal of sustainable development is to be environmentally responsible and physically enduring while performing well over the long term. This kind of success requires adaptability and good economic and commercial performance. It also means having a strong and adaptable social fabric that makes people want to be in that place and return to it often. One way to view the sustainability of any development is to observe how enduring and memorable it is; whether it is based on a long-term vision that is market based and flexible; whether it is planned and financed for adaptability to its complex set- ting; and whether it is well connected and well integrated with the surrounding community. Each of these characteristics is recognizable as reflecting some of the principles that are the subject of this book (2 Respect Market Realities; 4 Plan for Development and Financial Complexity; 6 Balance Flexibility with a Long-Term Vision; 8 Connect to the Community). They may each be examined in more detail in that context, but integrating all the principles wisely will achieve the framework for sustainability. Good sustainable development of town centers often takes place on infill sites, but when it does occur in a rural or greenfield setting it is especially important that it be designed well. Infill sites reduce infrastructure costs, offer transporta- tion alternatives, and restore or enhance local economic and social vitality. Regardless of the location, the project must be well connected to the surrounding environment (streets, parks, and trails) and to places where people can access public tran- sit. Planning for sustainability means thinking beyond the car to incorporate other transportation choices such as walking, cycling, car sharing, trains, and buses. Public transportation that can facilitate independence at all stages of life and all income levels and provide easy access to quality-of-life ameni- ties is important to every community. The enduring nature of sustainable development means that environmental considerations play an important role. The con- ventional practice in development is to engineer solutions to environmental problems—if it is too hot, more energy will 99Invest for Sustainability 30DESIGN WORKSHOP 10 Prin TownCtrs 6/21/07 10:33 AM Page 30 Page 315 of 688 cool it off; if it is too wet, a bigger pipe will carry the water away; if the landscap- ing is stressed, give it more water. Before engineered solutions became the vogue, however, solutions to these issues existed—solutions that we seem to have forgotten in the interim. Among them: ■Factor the local climate into the design. ■Plan for water conservation and recycling. ■Optimize the efficiency of systems. Factor Local Climate into the Design Climate should be used as a design determinant. Climate is an important part of what makes a place unique. Vernacular building designs often reflect local climatic conditions. They should take advantage of building orientation, prevailing winds, and tree cover for cooling. The effect of the sun’s rays should be managed to enhance or limit heating. 31 For success over the long haul, investing in the public realm is as important as investing in store spaces; Broadway Plaza in Walnut Creek, California. 10 Prin TownCtrs 6/21/07 10:33 AM Page 31 Page 316 of 688 Plan for Water Conservation and Recycling A variety of practices can be designed into a project to help conserve water. Water- conserving plumbing fixtures and faucets are some of the more obvious ones. Such practices as using graywater and rooftop rainwater-harvesting systems to recycle water and using natural drainage systems and pervious paving to recharge aquifers are becoming more common. Landscaping with native plants and drought-tolerant plants adapted to local climate and moisture conditions reduces the need for inten- sive irrigation. 32 The high level of amenities, landscaping, and attention to every detail creates a memorable destination that people will enjoy visiting and revisiting at Kierland Commons in Scottsdale, Arizona.DESIGN WORKSHOP 10 Prin TownCtrs 6/21/07 10:33 AM Page 32 Page 317 of 688 Optimize the Efficiency of Systems Energy efficiency should be built into a project to minimize or eliminate the use of nonrenewable energy sources. The incorporation of passive solar and natural cooling principles enhances energy efficiency. High-efficiency heating, ventilating, and air conditioning systems as well as lighting, appliance, and plumbing systems reduce energy consumption, diminish waste, and avoid pollution from the use of fossil fuels. The efficient use of lumber creates a tighter building envelope. The thoughtful integration of design, materials, and systems makes a project more comfortable, healthier, and potentially less expensive. Other techniques can be used to prevent environmental impacts: designing to reduce dependence on the automobile, using resource-efficient materials, reducing the quantity of materials used, designing for durability and adaptability, protecting local ecosystems, conserving water, ensuring the health of indoor environments, and avoiding construction waste. Sustainability requires having a flexible approach and thinking in the long term. Sustainability is the glue that binds financing, planning, zoning, designing, market- ing, and building and creates quality of life and a sense of community. Planning for sustainability does not stop at buildout. A strong, long-term strategy addresses: ■Continuing programming and amenities; ■Ensuring continued environmental responsibility; ■Securing a mix of uses; ■Maintaining high-quality design, particularly in architecture; ■Upholding maintenance plans (building, site, community, and infrastructure); and ■Financing for long-term management and care. The “people experience” is the key. People want the true benefits of community and the quality of life it produces. It is also important to be adaptable, allowing land uses to change over time. Another, perhaps simpler, way to view sustainable development is as high-quality development. A high-quality town center is sustainable when it promotes economic vitality, fosters environmental integrity, and encourages a lasting sense of commu- nity. Sustainable development promotes health, conserves energy and natural resources, is well connected to the community, and is economically successful. 33 10 Prin TownCtrs 6/21/07 10:33 AM Page 33 Page 318 of 688 A town center is more than a real estate development. It is designed to be the heart and soul of a community and, as such, it functions as a public as well as a private place. Residents and visitors to a town center are invited 24 hours a day, which means that management must be more intensive and ongoing than at a shopping center or other type of commercial development. Because a town center will be the densest, most diverse, and most active place in a community, manage- ment will likely be more complex and expensive, and it will definitely need to be more sophisticated. Managing a town center is, in some ways, like operating a small city, and many of the functions that a local government performs in a real downtown must be per- formed by the private managers of a town center. The scale of these functions will be proportional to the intensity and mix of uses in the center and will need to be attuned to the needs of the different users. Operation and maintenance standards of the buildings and the public realm will need to be higher than in a city, as will security costs, since a town center competes directly with other nearby private developments, especially shopping centers. Potential conflicts must be understood in advance and avoided. For example, trash pickups must be arranged so as not to dis- 1100Commit to Intensive On-Site Management and Programming 34 Management and programming for town centers are more complex and intensive than for conventional shopping centers; Easton Town Center, Columbus, Ohio. 10 Prin TownCtrs 6/21/07 10:33 AM Page 34 Page 319 of 688 turb residents or shoppers, and garbage rooms must be air conditioned so noxious smells do not waft through the tree-lined streets or up to residents’ windows. Man- agement also includes such mundane but critical tasks as maintaining bathrooms that are spotless, fountains that work flawlessly, sidewalks and streets that are in top repair and litter free, flowers that are blooming, and a tree canopy that is mature, trimmed, and healthy. Management efforts, while intensive, should be unobtrusive, sensitive, and discreet. Too many security guards, too much overt control, and too many rules will make the center feel unnatural and uncomfortable. Management will need to be more politi- cally astute than in a typical real estate development, since different segments of the public undoubtedly will take ownership of the center as strong community bonds are established and nurtured. This situation will require a constant interface with the public since it becomes, in essence, a partner in the ongoing operation of the town center. Continuous programming of activities and events in the public spaces is a significant aspect of town center management. Such programming will ensure that visitors’ experiences are memorable and pleasant. Management must remember that people 35 10 Prin TownCtrs 6/21/07 10:33 AM Page 35 Page 320 of 688 who are at the town center are not just customers or consumers, but also residents or other citizens who may not be there to buy anything at all but simply to experi- ence community life. Planned events should include ongoing activities such as con- certs and farmers markets, as well as such community-defining events as 4th of July fireworks displays. Unplanned events such as political rallies or community protests are also important because they deepen the center’s connections to the community, but they need to be carefully coordinated with the day-to-day operations of the cen- ter to avoid needless conflict. Marketing also plays a role in ensuring a town center’s long-term competitiveness, and significant opportunities exist for cross-marketing the center’s various uses. Management should help coordinate these efforts to take advantage of the synergies they offer. A preferred customer card for residents is one example. A parking man- agement program that includes valet parking, shared parking among the users of the town center, frequent monitoring of parking availability and conditions, and mainte- nance of high standards at parking entrances and in garages also helps market the center as a desirable and enjoyable place to come to. The managers of a town center are its long-term champions, the keepers of the flame, and the ones who ensure continuity and uphold standards as the center 36 As the public realm is open 24 hours a day, the level of quality and attention to detail must be first- rate; Mizner Park, Boca Raton, Florida. 10 Prin TownCtrs 6/21/07 10:33 AM Page 36 Page 321 of 688 matures. Economic, social, and political conditions change, and the managers’ role includes ensuring that the town center remains competitive in the broadest sense. This is true whether the town center evolves under single or multiple ownership. Managers carry out this role in numerous ways, first, by leasing to the right mix of tenants and ensuring that the mix evolves as customer preferences and retail trends change. Second, they should ensure that all development adheres to the town cen- ter’s master plan and vision as it matures. Third, they should draw up and enforce a set of covenants, conditions, and restrictions (CC&Rs) that clearly articulate the development standards and rules within the town center. The ideal master plan and accompanying CC&Rs should be drafted in ways that encourage flexibility, innova- tion, and change within a framework of high standards and compatibility with the founding vision of the town center. 37 10 Prin TownCtrs 6/21/07 10:33 AM Page 37 Page 322 of 688 Page 1 of 2 Subject: Accessibility Advisory Committee Recommendation Report Number: CLK 20-46 Author: Amelia Jaggard, Deputy Clerk on behalf of the Accessibility Advisory Committee Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives the recommendation from the Accessibility Advisory Committee, as information; AND THAT Council direct staff to take additional measures to improve the safety of the Kinsmen Pedestrian Bridge surface in inclement weather by ensuring all boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. DISCUSSION At their meeting on Tuesday, December 1, 2020, the Accessibility Advisory Committee passed the following motion: Moved by: Jeff Huber Seconded by: Margaret McCrimmon THAT the Accessibility Advisory Committee has concerns related to the safety of the surface of the Kinsmen Pedestrian Bridge in inclement weather; AND THAT the Committee recommend to Council that the Town take additional measures to improve the safety of the bridge surface in inclement weather by ensuring all boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. The recommendation is brought forward on behalf of the Accessibility Advisory Committee for Council’s consideration. Page 323 of 688 CLK 20-46 Page 2 of 2 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 20-46 Accessibility Advisory Committee Recommendationdocx.docx Attachments: Final Approval Date: Dec 7, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 7, 2020 - 3:11 PM Page 324 of 688 Page 1 of 4 Subject: Economic Development Advisory Committee Recommendation Regarding Listing of Town Property Report Number: DCS 20-29 Author: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives the recommendation from the Economic Development Advisory Committee regarding listing of Town property, as information; AND THAT the Town’s industrial lands be listed through a real estate firm secured through a public process in accordance with the Town’s Purchasing Policy. BACKGROUND The purpose of this report is to provide Council with advice from the Economic Development Advisory Committee regarding the listing of the Town’s industrial lands with a commercial real estate brokerage. The Committee reviewed the results of the Town’s Real Estate and Construction Sector survey and, based on the opportunity to enhance the marketing of these lands while not increasing costs, the Committee recommended that the Town list these lands in accordance with the Town’s Purchasing Policy. DISCUSSION The Town’s Economic Development & Marketing Department has been advised on a number of occasions that the Town is missing potential investment opportunities as the Town’s industrial lands are not listed with a commercial real estate brokerage. This is due to the fact that a listing with a real estate brokerage provides the best market awareness for available properties. The www.realtor.ca website is the most comprehensive listing of residential and commercial, industrial and institutional listings in the country. Page 325 of 688 DCS 20-29 Page 2 of 4 While many communities market their lands through a variety of means, most do not utilize listings and instead rely upon general awareness of the public as well as other marketing initiatives (i.e. municipal websites, magazine ads, networking, online targeting, etc) to market their lands. These methods can be effective, especially as growth increasingly moves into Southwestern Ontario; however, this does not negate the fact that most people and investors head to realtor.ca first when seeking opportunities. Based on this, the Economic Development & Marketing department released a survey to real estate and construction industry professionals about how they conduct commercial real estate transactions as well as their experiences with municipally-owned commercial and industrial lands. The survey was released on June 26, 2020 to approximately 233 contacts from the Economic Development database as well as through the Tillsonburg District Real Estate Board. The survey closed on July 23, 2020 with 51 Respondents. The survey found (see attachment for a summary presentation) that industrial lands are generally known to both realtor and construction sector representatives, but there is room for municipalities to improve awareness. The question asked to the Economic Development Advisory Committee was whether or not they think it would be a good idea to list the Town’s industrial lands in order to enhance the marketing and increase opportunities. Since there is virtually no downside to listing the lands, the Committee agreed that this avenue should be pursued. The Committee advised that the real estate brokerage should be secured through a public and transparent process in accordance with the Town’s Purchasing Policy and also suggested that a covenant be written into any agreement that ensures that no real estate commissions are paid for clients obtained directly by the Town. If Council supports moving forward with listing the Town’s industrial lands with a real estate brokerage, this would be incorporated in the 2021 Business Plan. CONSULTATION/COMMUNICATION The Development Commissioner provided a summary of the Real Estate Survey results to the Economic Development Advisory Committee at their October 13, 2020 meeting with the following resolution being passed: THAT the Economic Development Advisory Committee recommends that the Town’s industrial lands be listed through a real estate firm secured through a Request for Proposal process. FINANCIAL IMPACT/FUNDING SOURCE Page 326 of 688 DCS 20-29 Page 3 of 4 There is no financial impact to the Town other than paying a real estate commission for any land transactions that are obtained through the listing brokerage. However, the Town’s current practice is to pay a five percent commission to any agent that results in a sale transaction. 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 – Real Estate Survey Summary Results Page 327 of 688 DCS 20-29 Page 4 of 4 Report Approval Details Document Title: DCS 20-29 Economic Development Advisory Committee Recommendation Regarding Listing of Town Property.docx Attachments: - Real_Estate_Survey_Summary_Results(Oct13,20).pdf Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Sheena Pawliwec - Nov 25, 2020 - 3:42 PM Kyle Pratt - Dec 3, 2020 - 8:54 PM Michelle Smibert - Dec 4, 2020 - 7:17 AM Page 328 of 688 Real Estate & Construction Sector Survey Results Oct 13, 2020 Page 329 of 688 2 Background •Purpose: •To seek input from real estate and construction industry professionals about how they conduct commercial real estate transactions as well as their experiences with municipally-owned commercial and industrial lands •Released on June 26, 2020 to: •233 contacts within Economic Development database •Tillsonburg District Real Estate Board (members) •Closed July 23, 2020 •51 Respondents Page 330 of 688 3 Survey Results - Realtors Page 331 of 688 4 Page 332 of 688 5 Page 333 of 688 6 Page 334 of 688 7 •Oxford County 37% •Waterloo Region 13% •London/Middlesex County 10% •Greater Toronto Area 7% •Hamilton 3% •St Thomas/Elgin County 3% •Wellington County 3% •Other 23% Page 335 of 688 8 Page 336 of 688 9 Page 337 of 688 10 Page 338 of 688 11 Q11 – Additional Survey Responses Page 339 of 688 12 Q15 - …more likely to include if list… Page 340 of 688 13 Additional Findings - Realtors •28% of realtors have clients from outside of Canada •59% indicated no obstacles to including municipally owned lands in responses to clients •79% indicated that they would be more likely to include municipal land in their responses if the lands were listed •81% would be willing to respond to a listing opportunity through a tender or similar process Page 341 of 688 14 Survey Results – Construction Sector Page 342 of 688 15 Page 343 of 688 16 Additional Findings – Construction Sector •89% of clients from Southwestern Ontario •26% have clients from outside of Canada •61% aware of municipally owned lands •39% had included municipal owned lands in response to client •88% indicated it was easy to include municipal owned lands in responses to clients •28% indicated there were obstacles to including municipally owned land in responses to clients •80% indicated it would not make them more likely to include municipally owned lands if they were listed Page 344 of 688 17 Conclusions •Municipal owned lands are generally known to both realtor and construction sector representatives •But, room for municipalities to improve: •Only 59% indicated no obstacles to including municipally owned lands in responses to clients •79% indicated that they would be more likely to include municipal land in their responses if the lands were listed •Only 39% of Construction Sector respondents had included municipal owned lands in response to client Page 345 of 688 18 Discussions & Next Steps •Is it in the best interests of the Town to list its industrial lands??? Page 346 of 688 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM TAKE NOTICE that the Municipality of Bayham is considering an amendment to its Official Plan. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 17, 2020 at 7:30 pm in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Official Plan Amendment under Section 17 of the Planning Act. THE PURPOSE of the Official Plan Amendment is to permit subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary sewers and private on-site wells, until such time as municipal water services are available. The amendment will also establish the criteria for which development may occur on partially serviced lands. The criteria will include the submission of studies assessing the availability of water quantity and quality sufficient to service the long-term needs of the subdivision; studies assessing the potential impacts of new wells on the water quantity and quality for existing and approved development in the same aquifer, and development agreements for future connection of subdivision lots to a municipal water system. THE EFFECT of this Official Plan Amendment will be to allow subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary services and private on-site water services. ANY PERSON may attend the public meeting adhering to mask and physical distancing requirements and/or make a written or verbal representation in support of or in opposition to the proposed amendment. ***Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeals Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeals Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed Official Plan Amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained at the Municipal Office or by visiting the municipal website: www.bayham.on.ca – Development Services – Official Plan. DATED AT THE MUNICIPALITY OF BAYHAM THIS 23rd DAY OF NOVEMBER 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Page 347 of 688 CONFIDENTIALITY WARNING This message and any attachments are intended only for the use of the intended recipient(s) and may contain confidential or personal information that may be subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. If you are not the intended recipient or an authorized representative of the intended recipient, you are notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete the message and any attachments. From:Lindsey Mansbridge To:Lindsey Mansbridge Subject:FW: Thames Valley - Rural Education Task Force - update and survey Date:November-24-20 11:09:38 AM From: Arlene MORELL <a.morell@tvdsb.ca> Sent: November 23, 2020 3:09 PM To: Larry Martin <lmartin@norwich.ca> Cc: Marcus Ryan <mryan@zorra.ca>; Richard HOFFMAN <r.hoffman@tvdsb.ca> Subject: Thames Valley - Rural Education Task Force - update and survey CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Oxford County Warden; As Chair of the Thames Valley District School Board’s Rural Education Task Force, I am pleased toprovide you with an update on our work and seek your assistance to promote an important survey of ruralresidents. As you are aware, the Rural Education Task Force is composed of Trustees, leaders of ruralmunicipalities and community members, and was created in 2019 to develop recommendations for thecreation of a Rural Education Strategy. The Task Force is Co-Vice Chaired by Marcus Ryan, OxfordCounty Councillor and Mayor of Zorra Township. The work of the Task Force is progressing very well and we will be launching a survey on November 30thto collect information from our rural communities that will inform a final report expected in the Spring of2021. While we had hoped to engage with members of rural communities in person, due to COIVD wefound it best to conduct a Thouhgtexchange survey to gather their perspectives. In the next few days, Thames Valley Communications Coordinator Richard Hoffman will provide you witha media release about the survey and how rural residents can participate. I am seeking your support with this important task by sharing this information with municipal leaders inyour County so that they may in turn share it with their constituents. Municipalities are encouraged to postthe media release, and the link to the survey on their websites and other communication channels. I also invite you to find out more about the Task Force at its website at www.tvdsb.ca/RETF. this website includes the link to the Thoughtexchange survey once it goes live on November 30th . Again, thank you for your on-going support as champions of rural schools. Please don’t hesitate to reachout to me or your representative on the Task Force at any time for additional information and updates. Sincerely,Arlene Morell,Chair of the BoardThames Valley District School BoardCo-Chair, Rural Education Task Force Marcus RyanCouncillor, Oxford CountyCo-Vice Chair, Rural Education Task Force Page 348 of 688 From:Dana McLachlan Subject:LPRCA 2021 Meeting Schedule Date:December 3, 2020 9:12:57 AM Attachments:image001.png CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good morning, The following is the Long Point Region Conservation Authority meeting schedule for 2021. Wednesday, January 13, 2021 Board of Directors/Election of Officers & 2021 Budget Vote 6:30 pm Wednesday, February 3, 2021 Board of Directors 6:30 pm Friday, February 19, 2021 Audit and Finance Committee Meeting 9:30 am Friday, March 5, 2021 Annual General Meeting 1:30 pm Wednesday, April 6, 2021 Board of Directors 6:30 pm Wednesday, May 5, 2021 Board of Directors 6:30 pm Wednesday, June 2, 2021 Board of Directors 6:30 pm Wednesday, July 7, 2021 Board of Directors 6:30 pm Wednesday, September 1, 2021 Board of Directors 6:30 pm Wednesday, October 6, 2021 Board of Directors 6:30 pm Wednesday, November 3, 2021 Board of Directors 6:30 pm Wednesday, November 10, 2021 Board of Directors Budget Meeting 9:30 am Wednesday, December 1, 2021 Board of Directors 6:30 pm Merry Christmas. Dana * Please note that the LPRCA Administration Office, Conservation Education Centre and Waterford Workshop are currently closed to the public. For more information, visit www.lprca.on.ca Dana McLachlan Long Point Region Conservation Authority 4 Elm St., Tillsonburg ON N4G 0C4 519-842-4242 or 1-888-231-5408 ext. 261 dmclachlan@lprca.on.ca Page 349 of 688 Michelle Smibert Town Clerk msmibert@tillsonburg.ca Dear Mayor and Members of Tillsonburg, RE: Service Delivery Review Consultation with Area Municipal Councils (Oxford County report WDN 2020-07, September 23, 2020) I’m writing to you to let you know that StrategyCorp, Inc. has been retained by the County of Oxford to facilitate consultation workshops with each of the eight Area Municipal Councils with respect to the “Service Delivery Review – Oxford County Municipalities,” prepared by Watson & Associates Economists Ltd. dated April 30, 2020 (“the SDR”). Specifically, we have been directed to seek your opinions on four questions associated with potential implementation of the SDR: 1. What about your municipalities is important to protect? 2. (What are the) critical success factors and key desired outcomes? 3. (What is your) evaluation of the current two-tier or any modified two-tier options? 4. Any concluding comments? We anticipate that the session will last 2 hours and give each member of your Council a chance to weigh in with your thoughts. After all the sessions have been completed, we will prepare a public report for the County that will synthesize what we learned from each of the Councils on the four questions. The session will be facilitated by Michael Fenn and/or myself depending on the dates selected by your Council. Background on our firm and bios are attached. We will work with County staff counterparts and your Clerk to schedule a workshop in the near future. Should you have any questions with respect to the workshop, please do not hesitate to contact me at 416.992.7112, or by e-mail at matheson@strategycorp.com. Sincerely, John Matheson, Principal Page 350 of 688 2 John Matheson John has been a Principal at StrategyCorp since 1998 and is head of the firm’s Municipal Affairs Practice Group. He will act as StrategyCorp’s engagement principal on this project. John has extensive expertise in municipal governance and politics, as well as his extensive experience working previously with municipalities across Ontario. He has served dozens of municipalities across Canada on strategic projects. Recent similar engagements include the Haliburton County, Frontenac County, Northumberland County, Niagara Region, and the City of Guelph. A known quantity in the municipal world, he has been an advisor to AMO, OBCM (formerly LUMCO), AMCTO, and OMAA. He is a former Chief of Staff to Ontario’s Minister of Municipal Affairs and Housing. In that capacity, he was instrumental in the creation of a new municipal taxation and assessment regime and key reforms to the Municipal Act and the Planning Act. Since 2007, John has been an instructor in UOIT’s Municipal Management Program. John also teaches municipal policy subjects through AMCTO. John’s policy expertise is grounded in his legal background. He was called to the Bar of Ontario in 1993 and practiced law in Toronto with a major Bay Street firm. Michael Fenn – Senior Advisor Michael Fenn has been a Senior Advisor at StrategyCorp since 2011, following an extensive career in the public service. For this engagement, Michael will be responsible for providing subject matter expertise, reviewing recommendations, and providing strategic advice. Michael has been an Ontario Deputy Minister under three Premiers, municipal chief administrator of Hamilton and Burlington, and the founding CEO of Toronto-area regional transportation authority Metrolinx and earlier, first CEO of the regional health authority serving the western Greater Toronto Area (Mississauga Halton LHIN). During much of 2019, while on leave from StrategyCorp, he was Special Advisor to the Minister of Municipal Affairs and Housing, on the review of regional municipal government in Ontario. In 2018, Michael was appointed Visiting Fellow (Infrastructure) at the Western University / Ivey Business School’s Lawrence National Centre, complementing his work as a management consultant with StrategyCorp. Recently, he has been a member of the Schulich Business School’s Executive Education Program for the senior civil service of the Government Manitoba. A former member of the McMaster University Board of Governors, he is a third-term Board Director with the C$100 billion OMERS AC pension fund and a Board Director of the Toronto District School Board’s realty and property redevelopment arm, the Toronto Lands Corporation. He is a certified board director, having attained the C.Dir. designation in 2014. Michael has an MA in Political Science and the Diploma in Public Administration (Urban/Regional), both from Western University. He has also completed the Program for Senior Executives in State and Local Government from Harvard University’s Kennedy School of Government. Page 351 of 688 3 About StrategyCorp Established in 1995, StrategyCorp has been in business for 25 years. We have offices in both Toronto and Ottawa and employ over 70 consultants and staff, although we have been working remotely since March 2020 due to public health reasons. All our Principals have been with the firm for over a decade and all have held senior roles in the public and private sectors. StrategyCorp combines the business and operational knowledge of top-notch management consultants, with the strong political acuity, public engagement, and stakeholder relations expertise gained from years of experience working at every level of government on a wide variety of highly sensitive issues, in both political and administrative capacities. Our Municipal Affairs Practice Group StrategyCorp’s Municipal Affairs Practice helps local governments and government agencies achieve their strategic, operational, and policy goals, while building institutional capacity and stakeholder support. The diverse team at StrategyCorp can bridge the gap that sometimes exists between decision makers, be they elected representatives or appointed board members, and the public servants who operate the daily affairs of the organization. Before joining StrategyCorp, members of our team were some of the best-known faces in municipal public administration, working as: • Chief of Staff to the Minister of Municipal Affairs and Housing (MMAH) • Deputy Minister of MMAH and SolGen • Assistant Deputy Minister of MMAH • Housing Policy Advisor to the Premier City Solicitor of Mississauga • Director of the Accommodation and Property Management Policy Branch with the Ministry of Public Infrastructure Renewal • Director in the Growth Plan Secretariat • Commissioner of Planning and Building for the City of Mississauga Our experience allows us to understand the imperatives of both elected officials and public servants in local government in Ontario. Our range of municipal services includes: • Strategic Planning • Ward Boundary Reviews • Operational and Organizational Reviews • Strategic Communications and Issues Management • Service Delivery Reviews • Intergovernmental Affairs and Provincial Relations • Policy Development • Local Economic Development and BIAs StrategyCorp’s Annual Survey of Chief Administrative Officers Since 2016, StrategyCorp has conducted a comprehensive annual survey of Chief Administrative Officers Page 352 of 688 4 (CAOs) across Ontario to better understand the issues and challenges that are top of mind for municipal administrators. This has become required reading in the Ontario’s municipal world. Last year’s CAO survey focused on two subsets of Ontario CAOs: CAOs of northern municipalities and CAOs of upper tier municipalities. The complete set of survey reports is available at strategycorp.com/cao/. Page 353 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 1 of 11 To: Warden and Members of County Council From: Director of Public Works Improving Ontario’s Blue Box – Proposed Producer Responsibility Regulation, Environmental Registry of Ontario Posting No. 019-2579 RECOMMENDATIONS 1. That Oxford County Council receive Report No. PW 2020-58 entitled “Improving Ontario’s Blue Box – Proposed Producer Responsibility Regulation, Environmental Registry of Ontario Posting No. 019-2579” as information; 2. And further, that Report No. PW 2020-58 be circulated to Area Municipalities for information. REPORT HIGHLIGHTS  The purpose of this report is to update County Council on the proposed regulatory framework for blue box transition from municipal to full Producer responsibility under the Resource Productivity and Circular Economy Act, 2016 (RRCEA).  Some highlights of the proposed regulation include an expansion to the list of acceptable designated blue box materials (rigid and flexible plastic packaging, foils (chip bags), unprinted paper, and single-use food and beverage service items like straws, cutlery, plates and food service ware); establishment of recyclable diversion targets for material products and packaging; and development of a consistent set of designated materials that can be universally collected in the blue box across the province.  Oxford County (including the subcontracted serviced areas in Woodstock and South-West Oxford) is currently identified by the Ministry of the Environment, Conservation and Parks (MECP) for formal transition of its residential curbside recycling collection program to Producers in 2025. During the transition year, it is required that the same level of collection service will be maintained by the Producers.  After transition, the proposed framework will then require Producers to provide, at a minimum, bi-weekly recycling collection of designated materials from all locations currently serviced through municipal programs, and expand to all other eligible facilities (multi- residential, long term care, retirement homes, schools, and some parks and public spaces). Industrial, Commercial, and Institutional (IC&I) facilities, (except those noted above) including Business Improvement Areas (BIAs) will not be eligible for recycling collection services under the proposed regulatory framework. Page 354 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 2 of 11 Implementation Points Oxford County comments on Environmental Registry of Ontario posting No. 019-2579 were submitted to the MECP on December 3, 2020. Through Report No. PW 2020-21, staff were further authorized by Oxford County Council to explore the potential viability of providing contract management services for curbside collection and ongoing provision of transfer station services on behalf of the Producers to facilitate service delivery continuity after Blue Box Program transition in 2025. Financial Impact There are no financial impacts associated with the recommendations contained in this report. Transitioning the Blue Box Program to Producer Responsibility will result in program savings; however, further information is needed to identify the full impact associated with this initiative. Staff will report back to County Council on the transitioning process as details unfold. The Treasurer has reviewed this report and agrees with the financial impact information. Risks/Implications There are no risks or implications associated with the adoption of this report. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and provincial policy with implications for the County by: - Advocating for federal and provincial initiatives that are appropriate to our county 3. iii. A County that Thinks Ahead and Wisely Shapes the Future - Demonstrated commitment to sustainability by: - Ensuring that all significant decisions are informed by assessing all options with regard to the community, economic and environmental implications including: o Responsible environmental leadership and stewardship o Supporting the community implementation of the Community Sustainability Plan Page 355 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 3 of 11 DISCUSSION Background The Province of Ontario is transitioning the current Blue Box Program to a Producer responsibility model. The new model means transitioning costs of the Blue Box Program away from municipalities and making Producers of products and packaging fully responsible for the waste they create. Full Producer responsibility is intended to improve recycling across the province and address the issue of plastic pollution. Currently, under Ontario Regulation 101/94, Ontario municipalities with a population of at least 5,000 are required to provide a blue box management system for recyclable materials. Producers of blue box materials compensate municipalities annually for approximately 50% of program costs. The Province of Ontario’s planned transition of the Blue Box Program to full Producer responsibility was presented to County Council in Report No. PW 2019-44 following the release of David Lindsay’s report, Renewing the Blue Box: Final Report on the Blue Box Mediation Process, on August 6, 2019. David Lindsay was mandated by the MECP to act as Special Advisor on recycling and plastic waste. Mr. Lindsay mediated stakeholder consultations over the summer of 2019 and provided advice on the transition of the Blue Box Program to full Producer responsibility. His recommendations included: • Transitioning all municipal Blue Box Programs between 2023 and 2025; • Ensuring there is a seamless transition for residents; • Setting material specific targets; and • Providing collection wherever it was provided by municipalities prior to transition. On August 15, 2019 the Minister announced the next steps for transitioning the Blue Box Program to full Producer responsibility based on Mr. Lindsay’s report recommendations. The Minister further directed Stewardship Ontario (SO) to develop a wind-up plan regarding the current blue box funding program and advised the Resource Productivity and Recovery Authority (RPRA) to oversee the transitioning of the Blue Box Program to full Producer responsibility. The Province identified a timeline for the development and implementation of the blue box transition plan as summarized in Table 1. Table 1: Timeline for Blue Box Transition to Full EPR Action Timeline Regulation Development 2019 – 2020 (1 to 1.5 years) Transition Preparation 2020 – 2022 (2 years) Transition Implementation 2023 – 2025 (3 years) Page 356 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 4 of 11 The Blue Box transition process was identified over a six year period to allow for regulations to be developed and finalized, allow Producers to prepare to assume responsibility and engage stakeholders, and the formal transitioning of municipal programs over a three year transition period (2023 - 2025). The Association of Municipalities Ontario (AMO) canvassed municipal Councils to identify their preferred transition date within the 2023-2025 transition period for submission to the MECP. AMO also requested that municipal Councils identify their level of interest in potentially continuing to provide services on behalf of Producers (e.g. contract management, collection, haulage, processing services, etc.). This information was presented to Council in Report No. PW 2020-21. On October 19, 2020, the MECP released its draft regulatory framework for blue box transition to full Producer responsibility under the RRCEA. The proposed regulatory framework was posted on the Environmental Registry of Ontario (ERO) for a 45-day consultation period and closed on December 3, 2020. Comments Staff reviewed the MECP’s proposed blue box transition regulatory framework posted on the ERO (No. 019-2579) with municipal staff from the City of Woodstock and Township of South- West Oxford and the Zero Waste Oxford (ZWO) Advisory Committee. Staff also participated in a series of webinar sessions hosted by AMO and the MECP to inform stakeholders and provide further clarification on the details of the proposed regulatory framework. The proposed blue box regulation would remove the responsibility to operate blue box recycling programs from municipalities and make the Producer of blue box materials directly responsible for the Blue Box Program, including the end of life management of the blue box materials, financing of the program and the achievements of outcomes established in the regulation. Producers would be required to collect blue box recycling from every eligible source and would be allowed to engage Producer responsibility organizations (PROs) to establish and operate blue box collection and management programs to achieve their regulated outcomes. Overview of Draft Blue Box Regulation The following key sections of the draft regulation that impact municipalities and the Blue Box Program are each described in further detail. • Transition Schedule • Establishment of Responsibility • Eligible sources • Servicing Requirements • Designated Materials • Management Requirements • Promotion and Education • Common Collection System/Annual Allocation Table • Alternative Collection Systems Page 357 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 5 of 11 Transition Schedule There are 249 registered municipal Blue Box Programs in Ontario set to transition to Producer responsibility during the three (3) year transition period (2023 and 2025). In each year, a grouping of municipalities will transition based on preferred transition dates, geographical catchment areas, material quantities and net program costs. Per Report No. PW 2020-21 and subsequent submission to MECP, the County and the Township of South-West Oxford identified May 4, 2025 as the preferred transition timeline as it corresponds with the end of the current curbside collection contract. The City of Woodstock indicated 2024 as a preferred transition timeline based on equipment life cycle and replacement schedules. Approximately 40% of Ontario municipalities received their preferred transition date. Transition years for each registered municipal Blue Box Program, as reported through the Resource Productivity and Recovery Authority (RPRA) Datacall, is illustrated on the transition map included as Attachment 1. Oxford County (including the City of Woodstock and Township of South-West Oxford) is identified for transition in 2025 along with Brant County and the City of Brantford. Other neighbouring municipalities to Oxford County are identified to transition in 2023 (City of London, Middlesex County, Elgin County) and 2024 (Region of Waterloo, Perth County, Norfolk County). The blue box transition schedule will be updated when the regulation is finalized to specify calendar dates for each transitioning program within a given year, with quarterly transition dates based on current waste management contract expiry dates. Establishment of Responsibility The draft regulation establishes a cascading hierarchy to ensure that the person with the closest connection to designated products and packaging is the responsible Producer. The regulation would capture Producers that are located out-of-province but who supply blue box materials to Ontario consumers through e-commerce. The regulation proposes to continue to exempt Producers who fall under a $2M annual sales threshold (e.g. those with less than $2M in annual sales are excluded) and a new weight-based factor. This is the same approach currently taken under the shared responsibility model to avoid undue burden on small business. Eligible Collection Sources Eligible collection sources to receive recycling services under the proposed regulation include residences, facilities and some public spaces. Facilities include multi-residential, long term care homes, retirement homes and schools. Facilities (e.g. long-term care and retirement homes as well as public and private schools) that are not serviced under a current municipal Blue Box Program, but are eligible for service as of 2026, will be required to register with the RPRA for recycling collection services. The timing of this registration has yet to be identified by the RPRA. Producers would also need to collect blue box material from all eligible public spaces (e.g. municipal parks and playgrounds, Business Page 358 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 6 of 11 Improvement Area streetscapes) and provide recycling infrastructure (bins) where litter bins are located. Industrial, Commercial, and Institutional (IC&I) facilities, (except those noted above) including Business Improvement Areas (BIAs) will not be eligible for recycling collection services under the proposed regulatory framework. The MECP has indicated that the Province intends to reform IC&I waste framework in the coming months, separate from the proposed blue box regulation Eligible communities that are local municipalities and local service boards that are included in the Blue Box Transition Schedule (Attachment 1), shall register with the RPRA by submitting the following information on or before April 15, 2021 about services delivered as of August 15, 2019: • Number of residents; • List of residents including number and location or each resident receiving curbside garbage or depot garbage collection; • List of depots, including locations currently providing collection; • List of public space where garbage is currently collected; • Details on how blue box services are delivered, if provided; and, • Municipal contact information. Servicing Requirements During the transition period from 2023 to 2025, Producers must collect from transitioned communities and must collect from the sources in those communities that received blue box services prior to transition (e.g. residences – single unit and multi-unit residential, depots, public and private schools, long term care and retirement homes, parks, playgrounds and streetscapes). Producers must maintain the same level of service provided by the municipality as of August 15, 2019 (e.g. acceptable blue box materials, collection frequency and collection format of two-stream or single stream). In 2026, Producers would be required to collect all designated materials and expand servicing to all eligible sources. Producers would have the ability to determine how servicing is provided as long as it meets the regulated obligations. Producer obligations for curbside or drop off depot collection of blue box material will be required to generally mirror how service is provided under current municipal programs. In municipalities where both curbside recycling collection and drop off depot services are currently provided, Producers would only be required to provide curbside collection. Producer’s obligations for residential curbside collection in 2026, after the transition period, includes: • Minimum bi-weekly collection frequency; • Collection in a single day of all blue box material set out at an eligible source; • Supply of blue box receptacles for each residence; and, • Providing at least one replacement receptacle per year, upon request. Page 359 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 7 of 11 Similar obligations would be required for eligible facilities and some public spaces. For eligible facilities, Producers would be required to provide blue box receptacles as required and as appropriate for the facility, and collect blue box material before the receptacles become overflowing. For public spaces, Producers would be required to provide appropriate blue box receptacles next to every garbage receptacle and collect blue box material before the receptacles are full. Designated Materials The draft regulation includes a number of blue box items that many municipal programs do not currently collect, such as all rigid and flexible plastic packaging, foils (chip bags), unprinted paper, and single-use food and beverage service items like straws, cutlery, plates and food service ware. The expanded list of blue box materials would need to be collected by 2026 after the transition period as part of a standardized common collection system across Ontario. The Province has indicated that Producers of compostable packaging and products will only have to register and report (i.e. no requirements for this material to be collected or managed), until it can be determined how they can be best managed and diverted from landfill. Management Requirements The proposed regulation establishes material recovery targets based on a percentage by weight of the material produced for a given material category. Producers will be required to report annually on their supply and material recovery quantities and could be subject to administrative monetary penalties if they do not meet or exceed specified material recovery targets. The proposed regulation, however, would allow Producers to reduce their recycling targets through incorporating recycled content from blue box material into their products but would be limited to no more than a 50% reduction in material recovery targets for a given material category. The diversion targets are based on the blue box material that is recovered and processed for end markets and excludes landfilling, incineration and energy-from waste as eligible management requirements. Promotion and Education The proposed regulation sets out promotion and education requirements for Producers. This will include a website that is publicly accessible and one piece of printed material delivered annually to each eligible source. Producers must detail what can and cannot be recycled, how materials must be sorted, collection information, and other applicable collection methods. This includes how material can be collected other than curbside and/or depot. (e.g. return to retail). The educational material must also include contact information for questions / addressing servicing issues or need for new containers. Page 360 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 8 of 11 Common Collection System / Annual Allocation Table Producers are required to establish a common collection system to provide collection services to all eligible sources as of 2026. Through this common collection system, Producers would be required to collect a consistent set of materials across the province, meaning that all designated products and packaging could go into the blue box. The regulation includes provisions that allows the Minister to establish rules for this collection system if Producers have not taken the necessary steps to ensure a functional common collection system for all of Ontario. The proposed regulation requires Producers to register with the RPRA to document how they and their service providers (PROs) intend to deliver and achieve the provision of recycling collection across the Province. Through this registration, Producers will develop an annual allocation table which will create a set of rules to govern how they will deliver the common collection system and will identify which Producers are responsible for collection from which sources. Alternative Collection System Producers could be exempt from participating in the common collection system if they set up an alternative system to collect the specific products and packaging they supply in Ontario (e.g. the Deposit Return Program administered by the Beer Store and the Liquor Control Board of Ontario). Producers would need to demonstrate that their alternative collection system meets certain regulatory requirements to be eligible for exemption, such as higher diversion target than the common collection system. Oxford County Submission Comments In principle, staff support the MECP’s proposed regulation, the proposed transition schedule and the necessary regulatory amendments required to transition the Blue Box Program to Producer responsibility. The County’s detailed comments on ERO #019-2579 can be found in Attachment 2. These comments were submitted to the MECP on December 3, 2020. Implementation of this proposed regulation should result in: • Potential reduction in municipal waste management costs; • Expansion of recycling collection services to sources currently not eligible to participate in the Blue Box Program; • Standardization of the list of acceptable materials being collected across the Province, including expansion to the types of materials that can be collected; • Common collection system across the Province consisting of curbside and depot collections; and, • Producer responsibility for material recovery and reuse in manufacturing of new products and product packaging. Service continuity is of concern given that municipalities will not have first right of refusal to perform services. Oxford County will need to strongly advocate for and negotiate with Producers and their PROs on the smooth transition of the Blue Box Program to decrease impact on the residents and financial impact on the County as a whole. Page 361 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 9 of 11 The County encourages the Ministry to commit to identifying a management strategy for compostable packaging and products as neither this proposed regulation or the proposed amendment to the Food and Organic Waste Policy Statement address the end of life management of this material. Maintaining a high level of customer service is also a concern of the County. The proposed regulation does not identify the Producer’s responsibility in responding to customer service requests regarding collection issues. Rather, the regulation allows for Producers identifying how they intend to provide service delivery and customer service. The County would like to see the regulation amended to include requirements for a standardized level of customer service to be administered by all Producers. The requirements for customer service should include, turn- around time to respond to customer inquiries, time required to resolved missed collections, and expectations around completing collections on an alternate day due to service disruptions (labour dispute, weather, etc.). Another area of concern for the County pertains to drop-off depot services. Under the proposed regulation, Producers do not have to support depot services after the transition period where curbside collection occurs. This means that Producers can opt out of transitioning the two (2) drop-off depots in Oxford (Waste Management Facility and City of Woodstock Enviro Depot) that currently accept blue box materials. Additionally, only those depot services collecting both household garbage and blue box materials as of August 15, 2019 qualify for collection service during the transition period. In Oxford County, only the drop-off depot at the Waste Management Facility would be eligible since the Enviro Depot in Woodstock does not accept regular household garbage (e.g. black bag). The collection of blue box materials in public spaces is a step in the right direction, however, management of this collection activity is a concern. Receptacles in public spaces may be rejected by Producers due to material contamination. If not collected, accumulation of unacceptable material may present a health issue, particularly if household garbage is among the mix. Further clarity around the management of public spaces is required. The frequency and type of collection implemented in 2026 may also change from the current program. Under the proposed regulation there is the potential for Oxford to see less frequent blue box collection given that the minimum blue box collection standard is no less than every other week. The County views any decrease in the frequency of curbside blue box collection to negatively impact the amount of material to be collected and therefore requests that the MECP reconsider the minimum standard of bi-weekly blue box collection. The proposed regulation would allow producers to reduce their material recovery targets by incorporating recycled content from Ontario blue box materials into their products and packaging. Given that many products already include recycled content it would seem that this provision would have little benefit and be difficult to audit. Although this requirement promotes the use of Ontario recycled blue box materials in the creation of new products and packaging, there is concern this may present a loop hole for Producers to avoid compliance with material recovery targets. Page 362 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 10 of 11 Since Producers will set the collection program, there is a high probability that co-collection of garbage and recycling will no longer occur as of 2026. This means that, potentially, the County and its area municipalities could see an increase in the number of collection vehicles performing services. The Township of South-West Oxford has expressed concerns about having additional trucks on the road and requested that the County include this concern in their comments to the MECP. Proposed Amendment to Ontario Regulation 101/94: Recycling and Composting of Municipal Waste Once a municipality transitions its Blue Box Program to Producers, certain requirements in Ontario Regulation 101/94 will no longer be applicable to that municipality. Some of these requirements include requirements for municipalities to operate a Blue Box Program and Environmental Compliance Approval requirements for municipal recycling depots. These responsibilities will be passed on to the Producers and covered under the proposed Producer Responsibility Regulation. The County recommends removing these requirements once a municipality transitions, as the need for these requirements under Ontario Regulation 101/94 will become obsolete after 2025. Next Steps The County’s role throughout this process will be to negotiate a seamless program transition for residents to Producer responsibility as directed by County Council in Report No.PW 2020-21. Between now and 2025 the County, in collaboration with the City of Woodstock and the Township of South-West Oxford will need to: • Register with the RPRA by April 15, 2021 to detail the municipal blue box services provided. This means that the County, City of Woodstock, and the Township of South- West Oxford will need to quantify the number of eligible stops receiving collection as of August 15, 2019 as well as property classifications (e.g. residential, school, streetscape, etc.). Consistency in how the data is collected will be important in facilitating a smooth program transition. In consultation with the City of Woodstock and the Township of South-West Oxford, the County has offered assistance with completing this task. • Negotiate program transitioning after May 4, 2025 to avoid contract early termination fees. • Explore whether providing contract management and/or transfer station services on behalf of the Producers would increase program continuity and provide an overall benefit to Oxford County and its residents. • Negotiate with Producers for the provision of recycling collection services to non-eligible sources (e.g. BIAs). • Negotiate public education for both pre and post transition. Page 363 of 688 Report No: PW 2020-58 PUBLIC WORKS Council Date: December 9, 2020 Page 11 of 11 Conclusion Staff support the MECP’s Proposed Producer Responsibility Regulation, the Proposed Blue Box Transition Schedule, and the Proposed Amendment to Ontario Regulation 101/94. Transition of Producer responsibility for the Blue Box Program supports the County’s Zero Waste initiatives through diversion of waste from landfilling and will promote innovation by Producers to reduce packaging and establish viable end markets for recycled material. SIGNATURES Report Author: Original signed by: Pamela Antonio, BES, MPA Supervisor of Waste Management Departmental Approval: Original signed by: David Simpson, P.Eng., PMP Director of Public Works Approved for submission: Original signed by: Michael Duben, B.A., LL.B. Chief Administrative Officer ATTACHMENTS Attachment 1: Blue Box Program Transition Map Attachment 2: Oxford County Submission – Proposed Producer Responsibility Regulation, ERO Posting No. 019-2579 Page 364 of 688 Draft For consultation purposes only 2 Blue Box Transition Complementary Document: Map Report No. PW 2020-58 Attachment No. 1 Page 365 of 688 www.oxfordcounty.ca Oxford County Submission EBR Posting #019-2579 Report No. PW 2020-58 Attachment No. 2 A proposed regulation, and proposed regulatory amendments, to make Producers responsible for operating Blue Box Programs ERO Posting # 019-2579 ___________________________________________________________________________________ Overview Oxford County is a regional government and is responsible for delivering municipal solid waste management services to eight (8) Area Municipalities within the County totaling 48,328 households. Municipal solid waste is received and managed at the Oxford County Waste Management Facility (OCWMF) and includes landfill waste disposal and waste diversion programs such as blue box materials, yard waste composting, construction and demolition waste recycling, municipal wastewater biosolids storage, electronic waste collection and Municipal Hazardous or Special Waste (MHSW). The County utilizes contracted services for curbside collection of blue box material in six of its eight area municipalities. Curbside collection in the City of Woodstock and Township of South- West Oxford is performed by their own forces in each of their respective municipalities under service agreements with the County. The County’s waste management contractor, Emterra Environmental (Emterra), provides weekly co-collection of single stream blue box material and garbage for 26,608 households in the six area municipalities. The City of Woodstock provides bi-weekly two stream collection of blue box material and weekly garbage collection for 18,581 households. The Township of South-West Oxford provides curbside co-collection of single stream blue box material and garbage on a six business day cycle to 3,139 households. The County-wide curbside collection program in the eight area municipalities serves 48,328 households and 3,057 multi-residential units, accounting for approximately 7,300 tonnes of collected blue box materials annually. Additionally, curbside collection is provided to some commercial properties, where located along a collection route, particularly those in Business Improvement Areas (BIAs), and represents approximately 290 tonnes of blue box materials annually. Curbside collected blue box materials by Emterra Environmental and the Township of South- West Oxford are delivered to the OCWMF for transfer to Emterra’s single stream recycling facility in Burlington. The City of Woodstock operates a blue box transfer station where their curbside collection material is stored until shipped to Canada Fibres Limited. All of the above services are funded by Oxford County. The Ministry of Environment, Conservation and Parks (MECP) has conducted extensive public engagement on transitioning of the municipal blue box program to full extended Producer responsibility (EPR). The County has been involved in many of these discussions as well as stakeholder consultations hosted by the Association of Municipalities Ontario (AMO) and Stewardship Ontario. Page 366 of 688 Oxford County Submission ERO Posting # 019-2579 Comments Oxford County appreciates the opportunity to provide comments and feedback on the MECP’s proposed regulatory framework to make Producers responsible for operating Blue Box Programs and offers the following comments. Blue Box Transition Schedule Oxford County’s proposed transition schedule is identified as 2025 in the draft Regulation. This timeline generally aligns with the County’s preferred transition date, however we would request the transition does not occur before May 4, 2025, to better align with the expiration of the current waste management contract and municipal service agreements. Blue Box Transition Complementary Document: Map and Geographic Groupings Oxford County does not have any concerns with the information conveyed in this document. Key Elements of the Regulation Designated Materials Oxford County supports the designated material list identified in the regulation as it provides for the implementation of a common acceptable material list across the Province effective 2026. Implementation of a province wide acceptable material list will: • Reduce public confusion as to what can go into the blue box; and • Aid in achieving collection and promotion and education cost efficiencies. The designated material list also expands on the current acceptable blue box material list by adding unprinted paper and hard to recycled items like single use plastics, Styrofoam and chip and candy wrappers. The County recognizes that designating hard to recycled items like single use plastics will encourage Producers to develop alternative forms of packaging material which can be more easily diverted from landfill. The County would encourage the Ministry to commit to identifying a management strategy for compostable packaging and products as neither this proposed regulation or the proposed amendment to the Food and Organic Waste Policy Statement address the end of life management of this material. Defining Responsible Producers The proposed regulation: • establishes a hierarchy to ensure that the business closest to the designated product and packaging is the responsible Producer; • captures Producers that are located out-of-province but who supply blue box materials to Ontario consumers through the internet; and Page 367 of 688 Oxford County Submission ERO Posting # 019-2579 • exempts Producers who fall under the $2M threshold annual sales threshold (current approach). Oxford County is supportive of this regulatory language as it enables small businesses to remain competitive and it holds businesses accountable for the products and packaging that they sell. Common Collection System and Annual Allocation Table Customer Service In principle, the County supports the regulatory requirements outlined in Part 4 of the proposed regulation. However, the County does have concerns over service delivery and customer service. The proposed regulation does not identify the Producer’s responsibility to respond to customer service requests regarding collection issues. Rather, the regulation provides certain Producers with the ability to make their own rules under the regulation. The regulation should include requirements for a standardize level of customer service to be administered by all Producers. The requirements for customer service should include turn-around time to respond to customer inquiries, time required to resolve missed collection, and expectations completing collections on an alternate day due to service disruptions (labour dispute, weather, etc.) Depot Collection Under the obligations for Depot Collection it states that Producers shall ensure there are as many depots for the collection of blue box materials as there are depots for household garbage in a municipality. The regulation also states that as of 2026, Producers are not required to support depot operations where curbside collection is performed. Oxford County suggests that the language for this section be revised to: • Support established blue box collection depots regardless of whether the depot collects garbage; and • Support established blue box collection depots even if curbside collection is performed. As a way to encourage waste diversion, many municipalities have established convenience depots which may not collect household garbage waste. These depots often consist of collection points for multiple material types with established diversion programs in place. Specifically in Oxford County, residents can drop off blue box materials at two transfer stations that also accept large items (furniture, appliances, etc.), construction and demolition waste and household hazardous waste, as well as, one depot at the Waste Management Facility which collects all of the aforementioned materials, plus garbage. These depots have proven to be very effective in capturing divertible waste streams and should be maintained so that Producers can achieve the required diversion targets. Alternatively, it is unclear how municipal management of depot collection will be governed should Producers elect to not continue with this service after the transition period in areas where curbside collection occurs. Significant amounts of blue box materials are collected at recycling depots and not supporting their operations would negatively impact the overall objective of increased waste diversion. Page 368 of 688 Oxford County Submission ERO Posting # 019-2579 Public Spaces Collection for Public Spaces does not specify the collection frequency of blue box materials in public spaces, only that the Producers are to collect blue box materials before receptacles become full. The County is concerned that receptacles that are not monitored will have a higher level of contamination than receptacles which are monitored; evidence of such activity can be found in food courts of local shopping malls. As well, municipalities that have a full user pay system in place for garbage collection may see an increase in the amount of black bag garbage found in the public recycling receptacles. The County is concerned that receptacles in the public spaces may be rejected by Producers due to material contamination and that the ongoing accumulation of contaminated material may present a health issue, as well as, contribute to littering in these public areas. Under the current system, municipalities are responsible for program management and, therefore, are invested in ensuring unsightly accumulation of material does do not occur, as well as educating residents to avoid future occurrences of rejected set outs. Additional language in this section of the proposed regulation is needed to clarify expectations and responsibilities of this rejected material. Frequency of Collection Starting 2026, Producers will need to comply with the regulated service standards which will determine the type of frequency of collection for eligible sources, making recycling as convenient as garbage collection. Under the proposed regulation there is the potential for a municipality to see less frequent recycling collection given that the minimum blue box collection standard is no less than every other week. Any possible reduction in blue box collection frequency will negatively affect the amount of material collected. Oxford County saw a 10% increase in the blue box capture rate when the curbside collection frequency increased from bi- weekly to weekly collection in 2015. The County strongly encourages the MECP to reconsider the minimum standard of bi-weekly blue box collection. Alternative Collection System Under the Alternative Collection System, Producers can opt out of participating in the common curbside collection system if they can establish a collection system which can meet the required diversion targets. While the County recognizes that this approach would be most beneficial for niche products and packaging in theory, it is possible for there to be a number of alternative collection systems in place. This methodology would mean more sorting for residents as material collected under the alternative collection system could not go into the blue box. The County’s concern with the alternative collection system is that there could be multiple collections systems within a geographic area and this may lead to resident confusion and ultimately effect material capture rates. Recycled Content The proposed regulation would allow Producers to reduce their recycled content by incorporating recycled content from Ontario blue box materials into their products and packaging. Given that many products already include recycled content it would seem that this provision would have little benefit, be more difficult to audit. Although this requirement promotes the use of Ontario recycled blue box materials in the creation of new products and packaging, there is concern that this may present a loop hole for Producers to avoid compliance with material recovery targets. Page 369 of 688 Oxford County Submission ERO Posting # 019-2579 Transition Municipalities with progressive environmental programs in place to reduce carbon footprint may object to not having the first right of refusal for blue box service delivery. In cases where garbage and recycling is co-collected in the same vehicle, municipalities will now see additional vehicles performing collection. Consideration should be given to not only what is the most cost efficient way to deliver a program but the best way to reduce the overall carbon footprint of the program. First Nations Oxford County does not have any concerns with the information conveyed in this document. Promotion and Education The County is very pleased with the regulatory language supporting promotion and education in the proposed regulation. Additional Q and A Common Collection System: qualification criteria 1) Should producers or PROs be required to provide financial assurance, performance bond, or another financial surety product in order to develop the rules that govern the common collection system? Or should this bond only be required later as a condition of participating in the Common Collection System under the newly established rules? Producers and/or PROs should be required to provide financial assurance, performance bond or another financial surety product as a condition of participating in the Common Collection System under the newly established rules. Doing so demonstrates their level of commitment to the process and should prevent less serious Producers from guiding a process that they are not really invested in. Common Collection System: resolving disputes 2) Is there a role for processes like mediation or arbitration in reconciling an impasse among PROs during negotiations? Yes, there should be something like mediation or arbitration. Contractual issues will inevitably occur and there should be a mechanism for resolution that can be consistently followed. 3) Should the regulation allow for the minister to appoint a representative to make recommendations on the rules if they cannot be developed independently? Are there any considerations that the ministry should be aware of? Yes, the minister must be able to edit, change or add language/rules to ensure conformity to the rules and to ensure the intent of the regulation is being upheld. Page 370 of 688 Oxford County Submission ERO Posting # 019-2579 Common Collection System: Access to Collected Materials 4) Are amendments to the RRCEA needed to affirm that producers own any blue box materials put out for collection? Yes, once municipalities are no longer responsible for collection of blue box materials they will not have a means to collect these materials. As well, the Producers are responsible for proper education of what goes in the blue box and when a set out is unacceptable. Ontario Regulation 101/94: ECA Exemptions 5) Once transition to full producer responsibility is complete, should these exemptions be maintained or gradually eliminated? The County would recommend eliminating these exemptions as implementation of Producer responsibility will render these requirements obsolete. ____________________________________________________________________________ Prepared for: Jamelia Alleyne Senior Policy Analyst, Resource Recovery Policy Branch, Ministry of the Environment, Conservation and Parks (jamelia.s.alleyne@ontario.ca) Further Information: Frank Gross Manager of Transportation and Waste Management (fgross@oxfordcounty.ca) Page 371 of 688 Page 1 of 2 Subject: Committee Appointments Report Number: CLK 20-44 Author: Laura Pickersgill, Legislative Services Coordinator Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives Report CLK 20-44 Committee Appointment; AND THAT a By-Law to amend By-Law 4247 Schedule A, be brought forward for Council’s consideration. BACKGROUND According to the Terms of Reference for the Tillsonburg Transit Advisory Committee the committee shall have a minimum of seven (7) members. Committee member, John Verbakel, recently submitted his resignation on the Committee. At the Committee meeting held on October 6, 2020, the Committee passed the following resolution: Moved by: Kathryn Leatherland Seconded by: Councillor Luciani THAT the Tillsonburg Transit Advisory Committee accepts the resignation of Committee Member, John Verbakel; AND THAT the Tillsonburg Transit Advisory Committee acknowledges the mem ber’s valuable contributions to the Committee. DISCUSSION With the resignation of Mr. Verbakel, the membership count was reduced to six (6) members, therefore not meeting the minimum membership requirement under the Terms of Reference. The Clerk’s Office advertised the vacant position with a deadline of November 15, 2020 in the Community update section of the Tillsonburg newspaper Page 372 of 688 CLK 20-44 Page 2 of 2 and on the Town’s website. The advertisement generated one application, from Mr. Richard Martin. Based on reviewing Mr. Martin’s application, staff are recommending the appointment of Richard Martin to the Tillsonburg Transit Advisory Committee. With the addition of Richard Martin, the Committee’s membership would return to seven (7) members, therefore meeting the minimum requirements under the Terms of Reference. By-Law 4247 Schedule A has been updated to reflect recent member resignations and removals from advisory committees by removing the following names. There are no identified vacancies to be filled at this time: Sharon Howard, Memorial Park Revitalization Advisory Committee Jeremy Stockmans, Airport Advisory Committee Geoffrey Lee, Airport Advisory Committee John Prno, Airport Advisory Committee James Murphy, Culture, Heritage & Special Awards Advisory Committee Mark Cheron, Tillsonburg Dog Park Advisory Committee John Verbakel, Tillsonburg Transit Advisory Committee 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. Page 373 of 688 Page 1 of 2 Subject: Police Services Board Citizen Appointment Report Number: CLK 20-45 Author: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report CLK 20-45 Police Services Board Citizen Appointment; AND THAT Larry Scanlan be appointed to the Police Service Board for the remainder of the Council term ending November 14, 2022. DISCUSSION At their meeting on Monday, January 14, 2019, Council appointed Larry Scanlan to the Police Services Board for a two-year term ending December 31, 2020. The citizen appointment to the Police Services Board traditionally aligns with the term of Council. The reasoning for the two-year term was because of anticipated changes to the Police Services Act that have not yet come into effect. It is recommended that the citizen appointment be set for the remainder of the Council term ending November 14, 2022. 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. Page 374 of 688 CLK 20-45 Page 2 of 2 Report Approval Details Document Title: CLK 20-45 Police Services Board Citizen Appointment.docx Attachments: Final Approval Date: Dec 3, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 3, 2020 - 8:57 PM Page 375 of 688 Page 1 of 5 Subject: Offers to Purchase Rokeby Road Properties Report Number: DCS 20-30 Author: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report DCS 20-30 Offers to Purchase Rokeby Road Properties; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 54 acres of land on the North side of Rokeby Road, described at Lot 1641, Plan 500, Mid Con 4, NTR, Pt Lot 10; and more particularly, Parts 1 & 2, Plan 41R-8386; and, AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale for the property described as 11 Acres of land west of, and contiguous to the Rokeby Road parcel, Lot 1640 Plan 500, Tillsonburg; Part 5, Plan 44 OXRB; and Part Lot 8, Concession 4 North of Talbot Road. BACKGROUND The purpose of this report is to seek Council approval to enter into Agreement s of Purchase and Sale for four parcels of industrial land described as the Rokeby Road parcels for the consolidation of two existing Ontario operations to Tillsonburg. The proposed investment will result in the construction of an approximately 88,000 square foot manufacturing facility along with the relocation of 90 to 100 employees to the Town. DISCUSSION The Economic Development & Marketing Department has been working with a real estate representative of the company to find and secure a suitable site in the Town of Tillsonburg for a construction products manufacturing business since August 2019. The company was first attracted to the Town based on existing buildings that were available, but were not able to secure those opportunities. Working with the agent representative, staff has been able to retain that interest and this has resulted in the offers to purchase being brought forward for Council’s consideration. Page 376 of 688 DCS 20-30 Page 2 of 5 Subject Properties – Rokeby Road Parcels Page 377 of 688 DCS 20-30 Page 3 of 5 Subject Properties – Rokeby Road West Parcels The details of the Offers to Purchase are: Details of Offers Price $1,242,000 + $165,000 = $1,407,000 Acreage 65 Acres Price/Acre $23,000 and $15,000 for a blended rate of $21,646/Acre Irrevocable Date December 15, 2020 Conditional Date 60 and 90 days following acceptance by the Town Completion Date 45 days following Purchaser’s waiver of conditions Based on the significant opportunity for the Town, including land sale revenue, a new industrial building and the potential for 90 to 100 jobs in Tillsonburg, the Development Commissioner is recommending that Town Council approve the Agreement of Purchase and Sale and move forward with this transaction. The Purchaser will be required to conduct their own due diligence as part of their conditional period and the Town will be working with them to pr ovide assurances with respect to servicing of the property as well as timelines for development. Page 378 of 688 DCS 20-30 Page 4 of 5 CONSULTATION/COMMUNICATION There has been no consultation with respect to this opportunity although a summary of the opportunity is scheduled to be presented to the Economic Development Advisory Committee at their December 8, 2020 meeting. In terms of the properties, the 54 Acre Rokeby Road property has been advertised and marketed to potential purchasers numerous times over the past few years. The Town’s solicitor, Duncan, Linton LLP, has been involved in drafting, reviewing and negotiating the final agreement and they have advised that the Town’s interests are suitably protected. FINANCIAL IMPACT/FUNDING SOURCE The offers to purchase have been negotiated at a combined value of $1,407,000. The land sale revenue would be offset by the original acquisition costs of the lands, the legal/closing costs as well as servicing costs required to enable the development to proceed. Any net proceeds would result in a contribution to the Economic Develop ment Reserve to help fund future initiatives. Based on BMA 2019 data, the tax revenue for an 88,000 square foot industrial building is estimated at $100,320 (1.14 per square foot). However, due to the significant increases in assessed values being experienced across the Province, a new industrial building could have a significantly higher assessed value (although the assessed value would still have to be in line with the existing industrial assessments in the area). Hence, it may be appropriate to estimate taxes as being in the $1.75 to $2.25 per square foot range, which would result in an estimated tax bill of $154,000 to $198,000. The Purchaser is aware of the Town’s Community Improvement Plan and is considering a potential application under that program. Should the Town receive an application, that information would be brought forward for Council’s consideration. 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 Page 379 of 688 DCS 20-30 Page 5 of 5 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 (Rokeby Rd Sites) Appendix B – Offer to Purchase (Rokeby Rd West Sites) Report Approval Details Document Title: DCS 20-30 Offers to Purchase - Rokeby Road Properties.docx Attachments: Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Sheena Pawliwec - Dec 1, 2020 - 10:58 AM Kyle Pratt - Dec 4, 2020 - 9:47 AM Michelle Smibert - Dec 4, 2020 - 9:50 AM Page 380 of 688 ,., Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- ARMTEC INC. (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2 . In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a purchase price calculated at Twenty-Three Thousand Dollars ($23,000.00) per acre. The estimated area of the Property is fifty-four (54) acres and the estimated total purchase price is One Million Two Hundred and Forty-Two Thousand Dollars ($1,242,000.00) (the "Purchase Price"). The Vendor shall be required at its sole cost and expense to deliver to the Purchaser prior to the Due Diligence Date a certificate of area from a registered Ontario Land Surveyor confirming the exact acreage of the Property, whereupon the Purchase Price shall be adjusted accordingly. 3. The Purchase Price shall be paid as follows: (a) One Hundred Thousand Dollars ($100,000.00) deposit is payable by the Purchaser by certified cheque or wire transfer withing two (2) Business Days following the Acceptance Date, to be held by the solicitors for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and Buyer's Initials a?--Seller's Initials __ _ Page 381 of 688 ,., (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft (c) The deposit shall, at the Purchaser's request be placed in an interest bearing account, which interest shall accrue to the benefit of the Purchaser . The deposit, together with all interest earned thereon, if any, shall be held by the Vendor's solicitors pending completion of the transaction contemplated hereunder or earlier termination of the Agreement, and shall be credited against the Purchase Price and paid to the Vendor on Closing. Unless otherwise provided for herein , if the transaction contemplated hereunder is not completed as a result of the Purchaser's default hereunder, the deposit, together with all interest earned thereon, if any, shall be released to the Vendor as liquidated damages and not as a penalty and without prejudice to any other claims or causes of action the Vendor may have under this Agreement, at law or in equity. If the transaction contemplated hereunder is not completed as a result of the Vendor's default hereunder, the deposit, together with all interest earned thereon, if any, shall be returned to the Purchaser forthwith without deduction or set-off and without prejudice to any other claims or causes of action the Purchaser may have under this Agreement, at law or in equity. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable by the Purchaser and open for Acceptance (as hereinafter defined) by the Vendor until 5:00 p.m. on the 151h day of December, 2020, and when accepted shall 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, such date shall hereinafter be referred to as the "Acceptance Date". (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 Buyer's Initials ~ Seller's Initials __ _ Page 382 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place forty-five (45) days following the later of (i) the waiver of the Purchaser's conditions set out in Section 1 O(a), and (ii) the waiver of the Purchaser's conditions set out in Section 10(b), 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 30 days following Acceptance Date 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 without any express or implied agreement, representation or warranty of any kind (save and except as provided in this Agreement) as to the title, condition, use or zoning or any environmental matter in connection with the Property. 10. Purchaser's Conditions The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions: (a) on or prior to 5:00 p.m. on the date which is sixty (60) days following the Acceptance Date (the "Due Diligence Date"), the Purchaser shall have satisfied itself in its sole and unfettered discretion with respect to all aspects of the Property, including without limitation, title to the Property, the physical condition of the Property, zoning, environmental matters, financial matters, the future development potential of the Property and the economic feasibility thereof, its review of the property documents, the location/existence of services and the proposed Easement Lands (as hereinafter defined) and any other information relating to the Property; (b) on or prior to 5:00 p.m. on the date which is ninety (90) days following the Acceptance Date, the Purchaser shall have satisfied itself that the requisite permits and approvals for its intended development of the Property are available or will be available; Buyer's Initials ~ Seller's Initials __ _ Page 383 of 688 (c) on or prior to the Completion Date , the representations and warranties of the Vendor herein shall be true and correct, and the Vendor shall have delivered to the Purchaser a certificate confirming the foregoing on the Completion Date. The conditions set out in this Section 10 are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser, in its sole discretion , by written notice to the Vendor prior to the date specified therefor. If each of the conditions set out in this Section 10 is not fulfilled or waived as herein provided on or prior to the applicable dated referred to herein, then such condition shall be deemed not to have been fulfilled or waived , in which case this Agreement shall be terminated. Upon such termination , the deposit , together with all interest accrued thereon , shall be returned to the Purchaser without deduct ion. Notwithstanding the foregoing, all conditions to be satisfied on the Completion Date shall be deemed to be satisfied if closing occurred . 11 . Investigation by the Purchaser (a) The Purchaser and the Purchaser's authorized representatives shall be entitled to conduct investigations , tests and physical inspections in respect of the Property , including without limitation, the surface and sub-surface (including ground water) of the Property by means of such soil tests, bore holes , test pits, environmental tests and other excavation as the Purchaser deems prudent. All inspections, investigations and testing carried out by the Purchaser or its representative shall be carried out as expeditiously as possible at the Purchaser's sole cost, expense and risk . Any damage caused to the Property as a result of the Purchaser's entry upon the Property, or any part thereof, or any activities carried out by the Purchaser or its representatives in respect of the Property , or any part thereof, shall be promptly repaired by the Purchaser and the Property shall be restored to the condition it was in prior to the Purchaser's tests . The Vendor agrees to assist the Purchaser and make itself available in order for the Purchaser to conduct its due diligence. 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. 13. Development Covenants and Rest rictions (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 . 14 . Provision of Plans Buyer's Initials gj. Seller's Initials --- Page 384 of 688 (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 building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 15. 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 and the neighbouring lands to the west of the Property being approximately eleven (11) acres (the "Neighbouring Lands") 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. 16 . Transfer of Easement The Purchaser hereby agrees to grant, convey and confirm 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 Easement Lands (hereinafter described) at all reasonable times and upon two (2) business days notice for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) (the "Services") in, under, over and upon the Easement Lands, and with the further and continuing right to the Town, its successors and Easement Lands at all reasonable times by its agents, servants, employees and workers and upon two (2) business days notice. This Section shall survive the closing of the transaction contemplated herein. "Easement Lands" shall mean the portion of the Property shown on the draft Reference Plan, prepared by the Vendor, upon, through and within which there are currently, or in the future the Services will be located. The Vendor shall arrange for a Reference Plan to be prepared within fifteen (15) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser the draft Reference Plan outlining the proposed Easement Lands for its review and approval. 17. Vendor's Representations The Vendor hereby represents and warrants to and in favour of the Purchaser, as of the Acceptance Date and the Completion Date, as follows: (a) The Vendor is not a non-resident of Canada within the meaning of Section 116 of the Income Tax Act (Canada). (b) The Vendor has obtained all necessary consents, approvals and authorizations as may be required to permit it to execute and deliver this Agreement and all documents contemplated hereunder to which it is or will be a party, to perform all of its obligations and liabilities thereunder in accordance therewith and to give effect to the sale and transfer of the Property. Buyer's Initials 00-Seller's Initials --- Page 385 of 688 (c) The Property is serviced or will be by a date that is satisfactory to the Purchaser, by water, storm and sanitary sewers . Water and sanitary sewer services are readily available for connection by the Purchaser at the boundary of the Property in sufficient capacity to serve the intended improvements to be constructed on the Property. Hydro and gas services are functional, operative and readily available to the boundary of the Property in sufficient capacity to serve the intended improvements to be constructed on the Property. (d) To the best of the Vendor's knowledge, no part of the Property has ever been used by the Vendor as a waste disposal site or as a licensed landfill or has ever had any hazardous materials or aboveground or underground storage systems , active or abandoned, located on , at or under them . (e) To the best of the Vendor's knowledge, no contaminant (as such term is defined in the Environmental Protection Act (Ontario) has been discharged upon any property adjacent to the Property at any time . (f) The Vendor has not been required as a result of any government authority to alter any part of the Property in a material way in order to be in compliances with applicable environmental laws or perform any environmental closure , decommissioning, rehabilitation, restoration or post-remedial investigations on, about or in connection with the Property. (g) The Vendor has not received notice of any proceeding to or in connection with the expropriation of the Property or any part thereof. (h) On the Completion Date, there will be no leases, offers to lease, occupancy agreements licences or other rights granted by or on behalf of the Vendor, or which bind the Vendor, which entitle any person to possess occupy all or any part of the Property . The foregoing representations and warranties shall survive for a period of twelve (12) months following the Completion Date. 18 . Purchaser's Representation (a) The Purchaser represents and warrants that it is the Purchaser's current intention to construct a building on the Property and is not purchas i ng the Property or the Neighbouring Lands for the purpose of resale of vacant land . 19. Vendor's Acknowledgement I Agreement The Vendor acknowledges and agrees that the Purchaser will not be prevented from removing all trees on the Property other than the trees within fifteen feet of Rokeby Road which the Purchaser expressly agrees shall not be removed . SECTION IV -PRIOR TO COMPLETION DATE 20 . 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 Buyer's Initials OX Seller's Initials --- Page 386 of 688 date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. (b) The Purchaser and its authorized agents are authorized to correspond with the appropriate Governmental Authorities having jurisdiction in respect of the Property for the purposes of this Transaction including, but not limited to, for confirmation of the compliance of the Property with any by-laws, laws, regulations or assessments. For this purpose, the Vendor will promptly, at the Purchaser's request, execute and deliver any authorizations reasonably required by the Purchaser to authorize such authorities to release to the Purchaser any information which such authorities may have on their records relating to the Property provided no requests to complete any inspections will be permitted or requested 21. 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 22. Deed/Transfer (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. 23. 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 . 24. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. The Vendor shall arrange for a Reference Plan to be prepared within forty-five (45) days following the Acceptance Date, at its sole Buyer's Initials ~ Seller's Initials --- Page 387 of 688 cost and expense, and shall deliver to the Purchaser a copy of the deposited Reference Plan . 25. Letters and Reports from Officials of the Vendor (a) On or before the date which is thirty (30) days following the Acceptance 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 . 26 . 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. (b) The Purchaser is allowed ninety (90) days from the Acceptance Date 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 . 27 . 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. 28 . 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 and other adjustments established by usual practice for the purchase and sale of similar properties in Ontario shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. Buyer's Initials ~ Seller's Initials __ _ Page 388 of 688 (c) The Vendor shall deliver to the Purchaser a statement of adjustments at least five (5) Business Days prior to the Completion Date and shall have annexed to it reasonable details of the calculations used by the Vendor to arrive at all debits and credits on the statement of adjustments. 29. Deliveries by the Vendor To The Purchaser on Closing (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) an electronic transfer of the Property transferring the Property to the Purchaser or as it may direct, and containing the statements of the Vendor and the Vendor's solicitors pursuant to Section 50(22) of the Planning Act (Ontario); (ii) an up to date survey or reference plan of the Property in the possession of the Vendor; (iii) an undertaking by the Vendor to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Purchaser; (iv) a Statutory Declaration by an authorized officer of the Vendor stating that the representations and warranties of the Vendor set out in Section 17 hereof are true and correct as of the Completion Date; (v) 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; (vi) 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; (vii) a Statutory Declaration by an authorized officer of the Vendor re the Family Law Act (Ontario); (viii) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; (ix) evidence satisfactory to the Purchaser that the farm lease in existence on the Acceptance Date has been terminated; (x) vacant possession of the Property; and (xi) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 30. Deliveries by the Purchaser To The Vendor on Closing Buyer's Initials Od-Seller's Initials __ _ Page 389 of 688 (a) The Purchaser covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) the funds due on closing as set out in Section 3(b); (ii) the Assignment and Assumption of Lease; (iii) the HST Certificate required by Section 31; (iv) an undertaking by the Purchaser to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Vendor; (v) a Statutory Declaration of the Purchaser, without personal liability, confirming the representation and warranty of the Purchaser as set out in Section 18 hereof is true and correct as of the Completion Date; and (vi) such further documentation and assurances as the Vendor may reasonably require to complete the transaction contemplated by the APS. 31. 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) (2) (3) (4) Buyer's Initials ~ it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; 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; 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; an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and Seller's Initials --- Page 390 of 688 (5) a notarial true copy of its HST registration confirmation . 32. The transaction shall be completed on the Completion Date , on which date, vacant possession of the Property, shall be given to the Purchaser. SECTION VI -MISCELLANEOUS 33 . Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein . 34 . Tender (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 . 35 . Time of Essence (a) Time shall be of the essence of this Agreement. 36 . 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. 37. 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, or send by fax or other electronic communication addressed to the solicitor for the person to whom such not ice is intended to be given at the following addressed: Buyer's Initials ~ Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven D.S . Ross 45 Erb Street West Waterloo, ON N2J 4B5 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 Seller's Initials __ _ Page 391 of 688 Solicitors for the Purchaser: Aird & Berlis LLP ATTENTION: Leonard Baranek Brookfield Place 181 Bay Street , Suite 1800 Toronto , ON MSJ 2T9 Email : lbaranek@airdberl is.com with a copy delivered to the Purchaser ATTENTION Jason Johnston 205, 10423 178th Street Edmonton , AB TSS 1 RS Email: jjohnston@armtec.com Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered, or on the day of faxing or sending by other means of recorded electronic communication, provided that such day in either event is a business day and the communication is so delivered, faxed or sent before 5:00 p.m . on such day. Otherwise, such communication shall be deemed to have been given or made and to have been received on the next following business day . Any such communication given or made in any other manner shall be deemed to have been given or made and to have ben received only upon actual receipt. 38 . 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 . 39. Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property ; (ii) Schedule "D" Development Covenants. 40 . Acceptance by Fax or Email Buyer's Initials cP-Seller's Initials --- Page 392 of 688 (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement 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 . 41. 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. 42 . 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 . Signature page to follow Buyer's lnitials....;:;O:}'-'---Seller's Initials --- Page 393 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at at)"'" ...rn ~ I Alberta this \ day of D€..~""'nC'Q.. I 2020 . ARMTEC INC. Per: arr- Name: Jason Johnston Title: Senior Vice President Name: 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_~-- 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 394 of 688 SCHEDULE "A" LEGAL DESCRIPTION OF THE PROPERTY 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 54 acres of land on the North side of Rokeby Road , described at Lot 1641 , Plan 500, Mid Con 4, NTR, Pt Lot 1 O; Parts 1 & 2, Plan 41 R-8386: lMOll SCALlt 1----WATl!l.(a.) 1----SANll'AltY (mll) ---17.6K.V.HYDIO NA.rout.OAS(-) SITSAJWA Buyer's Initials_?/:} __ Seller's Initials --- Page 395 of 688 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS Page I (a) The owner of the Property (the "Owner") covenants and agrees that (i) the Owner will obtain a building permit for a permanent building which complies with the permitted uses of the Property's zoning with a minimum building coverage of three percent (3%) of the total area of the Property (the "Building") and commence construction of the Building within one (1) year of the date the Owner taking title to the Property being the date of registration of transfer (the "Completion Date") and (ii) will substantially complete the construction of the Building in conformity with an approved site plan within three (3) years of the Completion Date. (b) In the event that the Owner has not obtained a building permit in accordance with the provisions of subclause 1.a) above, the Owner may request from The Corporation of the Town of Tillsonburg (the "Town of Tillsonburg"), in writing, an extension of the time specified in subclause 1.a) above up to a maximum extension period of six (6) months, (such extension, the "Extended Time") upon payment by the Owner to the Town of Tillsonburg of a performance deposit equal to ten (10%) percent of the purchase price of the Property (the "Performance Deposit"). The Performance Deposit shall be refunded to the Owner, without interest, upon the Owner's compliance with and completion of the provisions of subclause 1.a) above within the Extended Time. In the event that the Owner fails to complete construction within the Extended Time, then the Town of Tillsonburg shall, in addition to its other rights and remedies as set out herein or otherwise , be entitled to retain the Performance Deposit as liquidated damages and not as a penalty , in partial or full satisfaction of the Town of Tillsonburg's damages . (c) If the Owner has not obtained the building permit for the Building and commenced construction within the periods specifically set out in subclause 1 (a) or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notis;e in writing to the Owner which option may be exercised within the sixty day period following the Owner's failure to commence construction within one year of the Completion Date (as may have been extended pursuant to subclause 1 (b)), reconvey 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 the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "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 Consideration all of its reasonable third party costs, realty commission and legal fees incurred with respect to the origina l conveyance of the Property by the Town of Tillsonburg to the Owner as well as the following costs of the Town of Tillson burg in re-acquiring the Property : registration costs, land transfer tax and legal fees. 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. Buyer's Initials ~ Seller's Initials --- Page 396 of 688 ( d) If at any time prior to the exterior of the building to be located on the Property being substantially completed, the Owner wishes to sell the Property to any person, firm or corporation, it shall first provide the Town of Tillsonburg the right to purchase the Property for consideration equal to the "fair market value" of the Property taking into account the improvements made thereto less a 5% discount provided however that a sale or transfer of the Property to a subsidiary or affiliate of the Purchaser (as those terms are defined in the Business Corporations Act, R.S .O . 1990, c . B.16 as amended), provided such subsidiary or affiliates assumes and confirms its acceptance of the covenants and restrictions set out in this Schedule D and expressly undertakes in writing to comply with them, shall not trigger the aforesaid right offirst offer. The Town of Tillsonburg shall have sixty (60) 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 of first offer shall terminate. For greater clarity, the Town of Tillsonburg's right of first offer set out herein shall be of no force and effect at such time as the exterior fo the building on the Property is substantially completed . For the purpose of this Section 1 (d), "fair market value " shall be the value of the Property as improved as determined by an arms length third party accredited appraiser appointed by the Owner. 2. Development Standards (a) Unless otherwise approved by the Town of Tillsonburg in their sole and absolute discretion acting reasonably through the Town's Site Plan Approval process, the Owner shall not construct a building unless the exterior of the wall or walls of any building or structure facing any municipal street is constructed of a minimum sixty (60) percent brick, precast stone, glass, pre-cast concrete or alternative non-steel materials including, but not limited to, stainless steel; decorative glazed terracotta; ceramic veneer; precast concrete panel ; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish. For greater certainty, the Owner shall be deemed to have satisfied this covenant upon receipt of the necessary approvals from the Town of Tillsonburg. (b) 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 (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 Buyer's Initials ~ Seller's Initials --- Page 397 of 688 to the Restrictions 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. 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, walkouts, lockouts, fire, pandemics, 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 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 . 42072590.3 Buyer's Initials 03 Seller's Initials --- Page 398 of 688 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- ARMTEC INC. (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple , of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows : SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a purchase price calculated at Fifteen Thousand Dollars ($15,000.00) per acre . The estimated area of the Property is eleven (11) acres and the estimated total purchase price is One Hundred and Sixty-Five Thousand Dollars ($165,000 .00) (the "Purchase Price "). The Vendor shall be required at its sole cost and expense to deliver to the Purchaser prior to the Due Diligence Date a certificate of area from a registered Ontario Land Surveyor confirming the exact acreage of the Property, whereupon the Purchase Price shall be adjusted accordingly . 3. The Purchase Price shall be paid as follows : (a) Ten Thousand Dollars ($10,000.00) deposit is payable by the Purchaser by certified cheque or wire transfer withing two (2) Business Days following the Acceptance Date, to be held by the solicitors for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion , or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and Buyer's Initials ~ Seller's Initials __ _ Page 399 of 688 (b) the balance of the Purchase Price , subject to adjustments , shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. (c) The deposit shall, at the Purchaser's request be placed in an interest bearing account , which interest shall accrue to the benefit of the Purchaser. The deposit , together with all interest earned thereon , if any , shall be held by the Vendor's solicitors pending completion of the transaction contemplated hereunder or earlier termination of the Agreement, and shall be credited against the Purchase Price and paid to the Vendor on Closing. Unless otherwise provided for herein, if the transaction contemplated hereunder is not completed as a result of the Purchaser's default hereunder, the deposit, together with all interest earned thereon, if any, shall be released to the Vendor as liquidated damages and not as a penalty and without prejudice to any other claims or causes of action the Vendor may have under this Agreement, at law or in equity. If the transaction contemplated hereunder is not completed as a result of the Vendor's default hereunder, the deposit, together with all interest earned thereon , if any, shall be returned to the Purchaser forthwith without deduction or set-off and without prejudice to any other claims or causes of action the Purchaser may have under this Agreement , at law or in equity. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable by the Purchaser and open for Acceptance (as hereinafter defined) by the Vendor until 5:00 p .m. on the 151h day of December, 2020, and when accepted shall 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, such date shal l hereinafter be referred to as the "Acceptance Date". (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 T illsonburg . 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 Buyer's lnitials_re~-Seller's Initials --- Page 400 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place forty-five (45) days following the later of (i) the waiver of the Purchaser's conditions set out in Section 1 O(a), and (ii) the waiver of the Purchaser's conditions set out in Section 10(b), 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 thirty (30) days following Acceptance Date 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 without any express or implied agreement, representation or warranty of any kind (save and except as provided in this Agreement) as to the title, condition, use or zoning or any environmental matter in connection with the Property. 10. Purchaser's Conditions The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions: (a) on or prior to 5:00 p.m. on the date which is sixty (60) days following the Acceptance Date (the "Due Diligence Date"), the Purchaser shall have satisfied itself in its sole and unfettered discretion with respect to all aspects of the Property, including without limitation, title to the Property, the physical condition of the Property, zoning, environmental matters, financial matters, the future development potential of the Property and the economic feasibility thereof, its review of the property documents, the location/existence of services and the proposed Easement Lands (as hereinafter defined) and any other information relating to the Property; (b) on or prior to 5:00 p.m. on the date which is ninety (90) days following the Acceptance Date, the Purchaser shall have satisfied itself that the requisite permits and approvals for its intended development of the Property are available or will be available; Buyer's Initials.....;:~-=---Seller's Initials --- Page 401 of 688 (c) on or prior to the Completion Date, the representations and warranties of the Vendor herein shall be true and correct, and the Vendor shall have delivered to the Purchaser a certificate confirming the foregoing on the Completion Date. (d) on or prior to the Completion Date, the transaction contemplated under the agreement of purchase and sale between the Vendor and the Purchaser dated as of the date hereof for the purchase of the neighbouring lands to the east of the Property being approximately fifty-four (54) acres (the "Neighbouring Lands") has been successfully completed. The conditions set out in this Section 10 are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser, in its sole discretion, by written notice to the Vendor prior to the date specified therefor. If each of the conditions set out in this Section 10 is not fulfilled or waived as herein provided on or prior to the applicable dated referred to herein, then such condition shall be deemed not to have been fulfilled or waived, in which case this Agreement shall be terminated. Upon such termination, the deposit, together will all interest accrued thereon, shall be returned to the Purchaser without deduction . Notwithstanding the foregoing, all conditions to be satisfied on the Completion Date shall be deemed to be satisfied if closing occurred. 11. Investigation by the Purchaser (a) The Purchaser and the Purchaser's authorized representatives shall be entitled to conduct investigations, tests and physical inspections in respect of the Property, including without limitation, the surface and sub-surface (including ground water) of the Property by means of such soil tests, bore holes, test pits, environmental tests and other excavation as the Purchaser deems prudent. All inspections, investigations and testing carried out by the Purchaser or its representative shall be carried out as expeditiously as possible at the Purchaser's sole cost, expense and risk. Any damage caused to the Property as a result of the Purchaser's entry upon the Property, or any part thereof, or any activities carried out by the Purchaser or its representatives in respect of the Property, or any part thereof, shall be promptly repaired by the Purchaser and the Property shall be restored to the condition it was in prior to the Purchaser's tests. The Vendor agrees to assist the Purchaser and make itself available in order for the Purchaser to conduct its due diligence . 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. 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 building(s) and outside storage, the front elevation of the building(s), Buyer's Initials ~ Seller's Initials --- Page 402 of 688 the exterior building materials, the landscaping treatment and the screening of outside storage. 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 and the Neighbouring Lands 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. 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 the 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. Transfer of Easement The Purchaser hereby agrees to grant, convey and confirm 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 Easement Lands (hereinafter described) at all reasonable times and upon two (2) business days notice for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) (the "Services") in, under, over and upon the Easement Lands, and with the further and continuing right to the Town, its successors and Easement Lands at all reasonable times by its agents, servants, employees and workers and upon two (2) business days notice. This Section shall survive the closing of the transaction contemplated herein . "Easement Lands" shall mean the portion of the Property shown on the draft Reference Plan, prepared by the Vendor, upon, through and within which there are currently, or in the future the Services will be located. The Vendor shall arrange for a Reference Plan to be prepared within fifteen (15) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser the draft Reference Plan outlining the proposed Easement Lands for its review and approval. 17. Vendor's Representations The Vendor hereby represents and warrants to and in favour of the Purchaser, as of the Acceptance Date and the Completion Date, as follows: (a) The Vendor is not a non-resident of Canada within the meaning of Section 116 of the Income Tax Act (Canada). Buyer's Initials cB Seller's Initials --- Page 403 of 688 (b) The Vendor has obtained all necessary consents, approvals and authorizations as may be required to permit it to execute and deliver this Agreement and all documents contemplated hereunder to which it is or will be a party, to perform all of its obligations and liabilities thereunder in accordance therewith and to give effect to the sale and transfer of the Property. (c) To the best of the Vendor's knowledge, no part of the Property has ever been used by the Vendor as a waste disposal site or as a licensed landfill or has ever had any hazardous materials or aboveground or underground storage systems, active or abandoned, located on, at or under them. (d) To the best of the Vendor's knowledge, no contaminant (as such term is defined in the Environmental Protection Act (Ontario) has been discharged upon any property adjacent to the Property at any time. (e) The Vendor has not been required as a result of any government authority to alter any part of the Property in a material way in order to be in compliances with applicable environmental laws or perform any environmental closure, decommissioning, rehabilitation, restoration or post-remedial investigations on, about or in connection with the Property. (f) The Vendor has not received notice of any proceeding to or in connection with the expropriation of the Property or any part thereof. (g) On the Completion Date, there will be no leases, offers to lease, occupancy agreements licences or other rights granted by or on behalf of the Vendor, or which bind the Vendor, which entitle any person to possess occupy all or any part of the Property. The foregoing representations and warranties shall survive for a period of twelve (12) months following the Completion Date. 18. Purchaser's Representation (a) The Purchaser represents and warrants that it is the Purchaser's current intention to construct an outdoor storage yard on the Property and is not purchasing the Property or the Neighbouring Lands for the purpose of resale of vacant land. The foregoing representation and warranty shall survive for a period of twelve ( 12) months following the Completion Date. 19. Vendor's Covenant (a) The Vendor covenants to remove all trees and stumps from the Property prior to Closing. SECTION IV -PRIOR TO COMPLETION DA TE 20 . Purchaser May Inspect the Property Buyer's Initials ad Seller's Initials --- Page 404 of 688 (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. (b) The Purchaser and its authorized agents are authorized to correspond with the appropriate Governmental Authorities having jurisdiction in respect of the Property for the purposes of this Transaction including, but not limited to, for confirmation of the compliance of the Property with any by-laws , laws, regulations or assessments. For this purpose, the Vendor will promptly, at the Purchaser's request, execute and deliver any authorizations reasonably required by the Purchaser to authorize such authorities to release to the Purchaser any information which such authorities may have on their records relating to the Property provided no requests to complete any inspections will be permitted or requested 21 . 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 22. Deed/Transfer (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. 23. 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. 24 . Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements . The Vendor shall arrange for a Reference Plan to Buyer's Initials_~--Seller's Initials --- Page 405 of 688 be prepared within forty-five (45) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser a copy of the deposited Reference Plan . 25. Letters and Reports from Officials of the Vendor (a) On or before the date which is thirty (30) days following the Acceptance 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 . 26 . 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. (b) The Purchaser is allowed ninety (90) days from the Acceptance Date 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. 27. 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 . 28. 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 and other adjustments established by usual practice for the purchase and Buyer's Initials ~ Seller's Initials --- Page 406 of 688 sale of similar properties in Ontario shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. (c) The Vendor shall deliver to the Purchaser a statement of adjustments at least five (5) Business Days prior to the Completion Date and shall have annexed to it reasonable details of the calculations used by the Vendor to arrive at all debits and credits on the statement of adjustments . 29. Deliveries by the Vendor To The Purchaser on Closing (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) an electronic transfer of the Property transferring the Property to the Purchaser or as it may direct, and containing the statements of the Vendor and the Vendor's solicitors pursuant to Section 50(22) of the Planning Act (Ontario); (ii) an up to date survey or reference plan of the Property in the possession of the Vendor; (iii) an undertaking by the Vendor to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Purchaser; (iv) a Statutory Declaration by an authorized officer of the Vendor stating that the representations and warranties of the Vendor set out in Section 17 hereof are true and correct as of the Completion Date; (v) 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; (vi) 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; (vii) a Statutory Declaration by an authorized officer of the Vendor re the Family Law Act (Ontario); (viii) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; (ix) evidence satisfactory to the Purchaser that the farm lease in existence on the Acceptance Date has been terminated (x) vacant possession of the Property; and (xi) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. Buyer's Initials a?-Seller's Initials __ _ Page 407 of 688 30. Deliveries by the Purchaser To The Vendor on Closing (a) The Purchaser covenants and agrees to deliver to the Purchaser on the Completion Date the following : (i) the funds due on closing as set out in Section 3(b); (ii) the Assignment and Assumption of Lease; (iii) the HST Certificate required by Section 31; (iv) an undertaking by the Purchaser to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Vendor; (v) a Statutory Declaration of the Purchaser, without personal liability, confirming the representation and warranty of the Purchaser as set out in Section 18 hereof is true and correct as of the Completion Date; and (vi) such further documentation and assurances as the Vendor may reasonably require to complete the transaction contemplated by the APS. 31. 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) (2) (3) Buyer's lnitials_cr) __ it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; 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; 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; Seller's Initials --- Page 408 of 688 (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. 32. The transaction shall be completed on the Completion Date, on which date, vacant possession of the Property, shall be given to the Purchaser. SECTION VI -MISCELLANEOUS 33 . Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 34. Tender (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. 35. Time of Essence (a) Time shall be of the essence of this Agreement. 36. Planning Act (a) This Agreement shall be effective only if the prov1s1ons of Section 50 of the Planning Act, R.S.O. 1990, c.P .13, as amended are complied with. 37 . 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, or send by fax or other electronic communication 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 4B5 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 Buyer's Initials~~~-Seller's Initials --- Page 409 of 688 Fax : 519-842-9431 Solicitors for the Purchaser: Aird & Berlis LLP ATTENTION : Leonard Baranek Brookfield Place 181 Bay Street, Suite 1800 Toronto, ON MSJ 2T9 Ema il: lbaranek@airdberlis .com with a copy delivered to the Purchaser ATTENTION Jason Johnston 205, 10423 178th Street Edmonton, AB TSS 1 RS Email: jjohnston@armtec.com Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered , or on the day of faxing or sending by other means of recorded elect ronic communication , provided that such day in either event is a business day and the communication is so delivered, faxed or sent before 5:00 p .m. on such day. Otherwise, such communication shall be deemed to have been given or made and to have been received on the next following business day . Any such communication given or made in any other manner shall be deemed to have been given or made and to have ben received only upon actual receipt. 38 . 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 corporat ion with the same shareholder 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 Purchaser 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 liab ility hereunder, if it assigns its interest in this APS . This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 39 . Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" -Description of the Property (ii) Schedule "D " -Developments Covenants 40 . Acceptance by Fax or Email Buyer's Initials d} Seller's Initials --- Page 410 of 688 (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement 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. 41 . 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. 42. 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. Signature page to follow Buyer's Initials ~ Seller's Init ials --- Page 411 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at E.D"' C) "'~ , Alberta this \. of t:As...c.""e..tn., 2020. ARMTEC INC. Per: co=---- Name: Jason Johnston Title: Senior Vice President Name: 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 ~ 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 412 of 688 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY A: Lot 1640 Plan 500, TILLSONBURG; Part 5, Plan 44 OXR B: •Artificial PIN for property annexed from Haldemand-Norfolk, Reg Ofc 37 • MID CON 4 NTR PT LOT 8 • Part 7, Plan 44 OXR r----------·---·-----·-·-· --.-::·-, --·--- l I B 9.2 Acre s Buyer's Initials ~ ' .. . : 'f. ; .c.. ~-· •• Seller's Initials __ _ Page 413 of 688 SCHEDULE "D" DEVELOPMENT COVENANTS 1. The right to repurchase contained in Schedule "D" to the Agreement of Purchase and Sale for the Neighbouring Lands shall apply to the Property, mutatis mutandis, such that any right to repurchase the Neighbouring Lands shall result in the Town of Tillsonburg's rights to repurchase the Property. On Closing the restrictive covenant to be registered shall be registered against both the Property and the Neighbouring Lands . 2. Assignment of Covenants (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 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 . 3. 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, walkouts, lockouts, fire, pandemics, 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 . 4. 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 t ime 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. 42027386.4 Buyer's Initials ~ Seller's Initials __ _ Page 414 of 688 Page 1 of 5 Subject: Offer to Purchase – 41 Clear Valley Drive Report Number: DCS 20-31 Author: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report DCS 20-31 Offer to Purchase 41 Clear Valley Drive; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Christian Devlin for the property described as part of Block D, Plan M-53. BACKGROUND Council approved the following resolution at their June 22, 2020 meeting: THAT Council receive Report DCS 20-11 Surplus Land Declaration – Clear Valley Drive; AND THAT the property, described as part of Block D, Plan M53, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy including suitable notification to the public. Subsequent to this, a surplus property notice was published on the Town’s website, in the Tillsonburg News and through a sign posted on the property. These notices resulted in seven expressions of interest being received by the Town as of the August 7, 2020 deadline, following which an agreement was negotiated with the top bidder. This agreement is now being brought forward for Council’s consideration. Page 415 of 688 DCS 20-31 Page 2 of 5 Subject Property – 41 Clear Valley Drive DISCUSSION The Public Notice invited interested parties to register their interest with the Town of Tillsonburg by Friday, August 7, 2020. Interested parties were asked to submit their proposed purchase price as well as details surrounding the proposed house to be built on the property. The notice also advised that, subject to successful negotiation, the interested party would be required to enter into a legal agreement subject to approval by the Council of The Corporation of the Town of Tillsonburg. Overall, the bids received ranged in value from $15,550 to $171,000 with the proposed house sizes ranging from 1,500 square feet to 2,800 square feet in size . Mr Christian Devlin was the top bidder with a proposal that included a purchase price of $171,000 and the construction of a 1,500 to 1,800 SF 2-storey house (first elevation brick finish and the second with a siding finish). Mr Devlin’s proposed price was significantly higher than the next closest bid. Page 416 of 688 DCS 20-31 Page 3 of 5 Based on the highest price bid and the size of the house being proposed, staff selected Mr Devlin’s bid and are recommending that Council proceed with a sale to him. Following approval of the rezoning application by Town Council at their November 16, 2020 meeting, the Official Plan Amendment will be considered by County Council at their December 9, 2020 meeting. If the Official Plan Amendment is approved by County Council, this conditional Agreement of Purchase and Sale will move towards closing with the transfer date scheduled for fourteen days following the expiration of the appeal period. CONSULTATION/COMMUNICATION A public notice regarding the Town’s surplus declaration and the invitation to submit expressions of interest was published as follows:  Town website – July 13, 2020  Sign posted on the property - July 21, 2020  Tillsonburg News – July 22, 2020 The deadline for responses was Friday, August 7, with seven parties registering their interest by the deadline. Subsequent to the public notices being published, staff received two emails from concerned property owners in the neighbourhood. A petition opposing the sale of the property and signed by 37 people representing 24 properties was received by the town and circulated on the August 10, 2020 Council meeting agenda. The Town applied for an Official Plan Amendment and a Zoning Bylaw Amendment to enable the redevelopment of the property for a residential use with that notice being posted on the property on October 29, 2020. A report was brought forward at the November 16, 2020 Town Council Planning meeting with staff’s recommendation to proceed with the rezoning being approved. The resident petition was also included with the report, but no residents attended the public meeting despite additional notice being provided in accordance with the Planning Act. FINANCIAL IMPACT/FUNDING SOURCE An estimate of the property’s value was obtained through a Letter of Opinion prepared by Royal Lepage RE Wood Realty who provided a hypothetical estimate of $230,000 for the property based on the assumption that the property is serviced and zoned appropriately. Since the property is not serviced by water and sewer and the cost to service the property is the responsibility of the owner, the market value of the property is significantly less than the hypothetical value. Subsequent to meeting with the top bidder, he obtained three additional opinions of value for the property, which when averaged with the Town’s estimate of value, resulted in a lower value of $180,000, which is what the agreement reflects. Page 417 of 688 DCS 20-31 Page 4 of 5 The net proceeds of the transaction have not been allocated; howeve r, as liquidation of assets are one-time revenues, staff is recommending that the proceeds be allocated to the Council Reserve with an earmark for strategic projects. 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 Page 418 of 688 DCS 20-31 Page 5 of 5 Report Approval Details Document Title: DCS 20-31 Offer to Purchase - 41 Clear Valley Drive.docx Attachments: - Offer_to_Purchase-Signed-Christian_Devlin.pdf Final Approval Date: Dec 9, 2020 This report and all of its attachments were approved and signed as outlined below: Sheena Pawliwec - Dec 8, 2020 - 12:02 PM Kyle Pratt - Dec 9, 2020 - 2:46 PM Michelle Smibert - Dec 9, 2020 - 2:57 PM Page 419 of 688 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- CHRISTIAN DEVLIN (the "Purchaser'') WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a Purchase Price of one hundred eighty thousand dollars ($180,000). 3. The Purchase Price shall be paid as follows: (a) Ten Thousand Dollars ($10,000.00) 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 deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION 11 -PURCHASE OF PROPERTY 4. Irrevocable Date (a) (b) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 15th day of December, 2020 ("Acceptance"), and when accepted shall 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. 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 Buyer's Initials ey Seller's Initials __ _ Page 420 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place four (4) days from the date of the expiration of any appeal period, 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 four (4) 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 111-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 thirty (30) days of Acceptance of the APS regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the 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. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions 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 Adceptance by the Vendor, and subject to any conditions herein, there shall be a biriding agreement of purchase and sale between Buyer's Initials* I Seller's Initials __ _ I Page 421 of 688 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. 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 building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. 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. 15. Restrictive Covenants (a) The Property shall be subject to the restrictive covenants 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 restrictive covenants 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. SECTION IV-PRIOR TO COMPLETION DATE 16. 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. 17. 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 18. Deed/Transfer (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. 19. Electronic Registration Buyer's lnitialsl Seller's Initials --- Page 422 of 688 (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. 20. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 21. 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. 22. 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 thirty (30) 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. 23. 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. 24. 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. 25. Deliveries by the Vendor To The Purchaser on Closing (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; Buyer's Initials~ Seller's Initials. __ _ Page 423 of 688 (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. 26. 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 27. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 28. Tender (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. 29. Time of Essence (a) Time shall be of the essence of this Agreement. Buyer's Initials* Seller's Initials. __ _ Page 424 of 688 30. 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. 31. 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: Patrick J. Kraemer 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillson burg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: (519) 842-9431 Solicitors for the Purchaser: Jenkins & Gilvesy Law Firm ATTENTION: Lisa Gilvesy 107 Broadway PO Box 280 Tillsonburg, ON N4G 4H5 Fax: (519) 842-3394 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. 32. 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. 33. Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule "C" Restrictive Covenants. 34. 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. Buyer's Initials~ Seller's Initials __ _ Page 425 of 688 35. 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. 36. 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. Buyer's Initials~ Seller's Initials __ _ Page 426 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at 1':) I ISo<lbv:-3 , Ontario this ~ day of PeceVV\ber· , 2020. ** Per~~D~ Name: C i..~~Sl.\c."' \:>e,,v /I,,... ~ ~ Title.- J.Mle-l:lav-e-au.tb.Qrity 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 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 427 of 688 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY 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 part of Block D, Plan M53 TILLSONBURG and to be described by a new reference plan: COO'lOtllllE SCHEDLt£ M.l-~MC•taeM'.ell!CllllC~ .. ~ .... 'nCOilt1Cr'IOl"o Wl.:r.c.PC"\IDT~lktJOMl'Ull'Ar ~~..C'Jll\Mlllll~MIQSC. .. Qlo a'C.lla.2'MIC' FUl'I 41•-....,._ Ir.All tF .st.m£Y (F ?ART CF 131.0Ck D REGISTERED PLAN U-53 TO\\N Of TILLOSNBURC COUNTY OF OXFORO ........... ..,.,,,,,,, tErRt: :::'.:t=::r.?:\~ ..... s:.·.uo kl'fM..G"IS~t3UO.. 51..RVEYCR'S CDmrx;.t.TE ,_,..., llt·=e-~;.;pr;..:.~=---- --- aa~----·--•-ir"..r-.~9:"':".::'it.,.W:::9~ ao~TtJ.WfttOllll'l'f_...,.. ':. ~-..... t:.·~-=- ·-~-:-o.:.;-..:;-:i:=.,~-=--· Seller's Initials ---- Page 428 of 688 SCHEDULE "B" -PURCHASER CONDITIONS 1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before the gth day of December, 2020, which terms and conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and Agreement arising from the offer shall be at an end and all parties released from their obligations: (a) None Buyer's Initials~ Seller's Initials __ _ Page 429 of 688 The Buyer further agrees that: SCHEDULE "C" RESTRICTIVE COVENANTS 1. The final grade and elevations will be established to the satisfaction of the Town; 2. All surface and roof drainage will be controlled on site and taken to an outlet approved by the Town; 3. All necessary provisions for service connections on site will be made to the satisfaction of the Town, or the Tillsonburg Hydro Inc of the Town of Tillsonburg, as the case may be; 4. Construction work will be carried forward expeditiously in a good and workmanlike manner, in accordance with good trade practice and so as to cause a minimum of nuisance; 5. All necessary precautions to avoid dust, noise and other nuisances and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act; 6. All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public highway; 7. Driveways shall be constructed using good engineering practices to the satisfaction of the Town; 8. Upon failure by the Owner to do any act that the public safety or convenience requires, in accordance with this agreement, on reasonable notice, the Town, in addition to any other remedy, may go in and do same at the Owner's expense and collect the cost in like manner as municipal taxes; 9. The Town may treat any breach of this agreement as a breach of the Building By-Law and stop work until the breach is rectified; 10. Nothing in this agreement, any discussions or negotiations constitutes a waiver of the Owner's duty to comply with any by-law and/or Building Permit and/or Building Code of the Town or any other by-law or provincial or federal statute or regulation; 11. The Owner will convey to the Town without charge any easement required by the Town or by the Tillsonburg Hydro Inc; 12. The Owner will do all landscaping provided for in the approved plans. 13. So far as may be, the covenants of the Owner herein shall be restrictive covenants running with the land for the benefit of the adjoining lands of the Town or such of them as may be benefited thereby and shall be binding on the Owner, his or her heirs, executors, administrators, successors and assigns as Owners and occupiers of the said land from time to time. The preceding representations and covenants shall survive closing and shall not merge with closing. 14. This agreement will be registered on the land and shall be the responsibility of the Owner for the cost of registration. The Owner shall provide the Town with a registered copy of same. Buyer's lnitials-jz-Seller's Initials --- Page 430 of 688 Page 1 of 6 Subject: Surplus Land Declaration – Walkway between Woodland Crescent and Trillium Drive Report Number: DCS 20-32 Author: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receive Report DCS 20-32 Surplus Land Declaration – Walkway between Woodland Crescent and Trillium Drive; AND THAT the walkway property, described as Block 88, Plan 41M-139, be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 3549 – Sale of Real Property Policy including suitable notification to the public. BACKGROUND The Town of Tillsonburg has been approached by a number of adjacent property owners who have expressed interest in purchasing the walkway lands from the Town in order to acquire additional land. Town staff have determined that there is no municipal need for the lands nor is a walkway required or desired at this l ocation. Hence, the purpose of this report is to seek Council approval to move forward with declaring this property as surplus to the Town’s needs. Page 431 of 688 DCS 20-32 Page 2 of 6 Subject Property – Walkway between Woodland Crescent and Trillium Drive DISCUSSION According to assessment records, the walkway lands were acquired by the Town of Tillsonburg from Dansat Holdings Ltd as of July 16, 1993 as part of the requirements for the Woodland Estates Subdivision Agreement. However, there doesn’t appear to be any clear reason as to why these lands were transferred to the Town nor that they should remain with the Town. Clause 18 (Special) of the Subdivision Agreement indicates that the Owner agrees to convey the easterly 3 metres of Lot 24 to the Town for a public walkway, but that does not appear to make sense as the registered plan does not have a walkway next to Lot 24. Further, there does not appear to be any public walkways in that entire quadrant of the Town. Page 432 of 688 DCS 20-32 Page 3 of 6 In addition to this, subclause (b) (see below) indicates that this is in consideration to the Town having conveyed back to the developer block “B” adjacent to the commercial block. Hence, it appears that these lands should have been conveyed back to the developer to be developed as part of the commercial block. In cases where there is a parcel of land that cannot be developed on its own due to specific site characteristics where the parcel does not meet planning/zoning standards for a standalone property, it makes sense, and is common municipal practice, to split the property as equally as possible and sell portions to the adjoining property owners on either side of the property. If one property owner is not interested, the other property owner(s) could potentially buy the entire parcel of land. As there does not appear to be any need or desire to maintain ownership of these lands, staff recommend that it be declared surplus and made available to the adjacent property owners. CONSULTATION/COMMUNICATION The property has been circulated to Town Departments and Tillsonburg Hydro Inc and the below table summarizes their comments plus additional considerations. Department Comment Additional Considerations Building & Bylaw No comments received Clerks No comments received Engineering No comments or concerns Fire Department No comments or concerns Planning I’d suggest retrieving a copy of A title search was Page 433 of 688 DCS 20-32 Page 4 of 6 the subdivision agreement that is on title and seeing if there’s any reference to Block 88 and its purpose. I recommend that the Block ultimately be rezoned to match the zoning of the benefitting lands, otherwise the area of the Block is excluded from the lot area and setback calculations for the benefitting lands as it would be split-zoned. If the developer intends on splitting Block 88 between two parcels, the reference plan prepared for the Town should identify at least 2 parts to eliminate the requirement in the future for the owner to convey a portion of the Block to one of the benefitting properties. conducted on the property by Duncan, Linton LLP (see below) with not much additional information being found. Planning has indicated that they can rezone the property as part of an housekeeping amendment. The reference plan will be created once it has been determined which (or all) of the adjacent property owners are interested in the lands. Recreation, Culture & Parks No comments or concerns Tillsonburg Hydro Inc No comments received Duncan, Linton LLP The Document General indicates that the legal description includes Block 88 (the strip of land you are looking at); however, as indicated in my earlier email, the Registry Office does not show the agreement as actually being registered against those lands (theoretically, I suppose, it could have been registered and subsequently deleted from Page 434 of 688 DCS 20-32 Page 5 of 6 those lands). Notice of the potential surplus property will be provided in accordance with Bylaw 3549 – Sale of Real Property Policy, and specifically, by:  Posting a notice on the Town’s website;  Publishing a notice in the Tillsonburg News; and,  Posting a notice on the property; The notice will state that it is the Town’s intent to sell the property to the adjacent landowners and will provide a deadline for any concerns to be brought forward. FINANCIAL IMPACT/FUNDING SOURCE An estimate of the property’s value was obtained through a Letter of Opinion prepared by Royal Lepage RE Wood Realty. The Letter of Opinion indicated that the value for the 2,357 square feet of property is approximately $21,000. If approved, staff will confirm interest in the property and bring back agreements of purchase and sale for Council consideration. The purchasers will be responsible for the value of the land as well as all legal and survey costs related to the transaction. 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 Page 435 of 688 DCS 20-32 Page 6 of 6 ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Subdivision Agreement Appendix B – Plan of Subdivision (Registered) Appendix C – Opinion of Value Report Approval Details Document Title: DCS 20-32 Surplus Land Declaration - Walkway between Woodland Crescent and Trillium Drive.docx Attachments: - Subdivision Agreement.pdf - Plan41M-139(Woodland_Estates_Sub).tiff - Opinion_of_Value-Walkway_between_Woodland_Cres_and_Trillium_Dr.pdf Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Sheena Pawliwec - Dec 1, 2020 - 11:31 AM Kyle Pratt - Dec 4, 2020 - 10:10 AM Michelle Smibert - Dec 4, 2020 - 10:12 AM Page 436 of 688 Page 437 of 688 Page 438 of 688 Page 439 of 688 Page 440 of 688 Page 441 of 688 Page 442 of 688 Page 443 of 688 Page 444 of 688 Page 445 of 688 Page 446 of 688 Page 447 of 688 Page 448 of 688 Page 449 of 688 Page 450 of 688 Page 451 of 688 Page 452 of 688 Page 453 of 688 Page 454 of 688 Page 455 of 688 Page 456 of 688 Page 457 of 688 Page 458 of 688 Page 459 of 688 Page 460 of 688 Page 461 of 688 Page 462 of 688 Page 463 of 688 Page 464 of 688 Page 465 of 688 Page 466 of 688 Page 467 of 688 Page 468 of 688 Page 469 of 688 Page 470 of 688 Page 471 of 688 Page 472 of 688 Page 473 of 688 Page 474 of 688 Page 475 of 688 Page 476 of 688 Page 1 of 2 Subject: 2021 Rates and Fees Report Number: FIN 20-42 Author: Sheena Pawliwec, Interim Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report FIN 20-42 2021 Rates and Fees; AND THAT a By-Law to provide a schedule of fees for certain municipal applications, services, and permits be brought forward for Council’s consideration. BACKGROUND Staff reviews the rates and fees on an annual basis to coincide with the annual budget process to ensure approved fee increases are incorporated into the 202 1 budget. It is ideal that this revised fee structure be approved prior to the commencement of the New Year. DISCUSSION The proposed changes to all fees, including new fees, are identified by reviewing the percentage (%) change column. The non-controlled Town fees tab is information for the public and Council. FINANCIAL IMPACT The 2021 Rates & Fees adjustments by department have been incorporated into the 2021 budget. 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 – 2021 Rates and Fees Page 477 of 688 FIN 20-42 Page 2 of 2 Report Approval Details Document Title: FIN 20-42 2021 Rates and Fees.docx Attachments: - FIN 20-42 - Appendix A - Schedule A 2021 Rates and Fees.pdf Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 3, 2020 - 9:00 PM Michelle Smibert - Dec 4, 2020 - 7:16 AM Page 478 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxAnimal ControlBoarding Fee Cat 25.00 25.00 0%HSTBoarding Fee Dog 25.00 25.00 0%HSTCall out fee for service 110.00 110.00 0%HSTDog license - spayed or neutered before Feb 28 (discounted) 17.00 17.00 0%ExemptDog license - spayed neutered after Feb 28 35.00 37.00 6% ExemptDog license - intact - before Feb 28 (discounted) 22.00 22.00 0%ExemptDog license - intact - after Feb 28 40.00 42.00 5% Exempt2022 Dog license - spayed or neutered before Feb 28 (discounted) 17.00 20.00 18%Exempt2022 Dog license - intact before Feb 28 (discounted) 22.00 25.00 14%ExemptNew Dog licence - spayed or neutered N/A 20.00 NEW ExemptNew Dog licence - intact N/A 25.00 NEW ExemptCat license - spayed or neutered before Feb 28 (discounted) 15.00 15.00 0%ExemptCat license - spayed neutered after Feb 28th 20.00 22.00 10%ExemptCat license - intact - before Feb 28th (discounted) 20.00 20.00 0%ExemptCat license - intact - after Feb 28th 25.00 27.00 8%Exempt2022 Cat license - spayed or neutered before Feb 28 15.00 17.00 13%Exempt2022 Cat license - intact - before Feb 28 20.00 22.00 10%ExemptNew Cat licence - spayed or neutered N/A 17.00 NEW ExemptNew Cat licence - intact N/A 22.00 NEW ExemptCat/dog license - replacement 5.00 6.00 20%ExemptEuthanasia and Disposal - Cat 60.00 60.00 0%HSTEuthanasia and Disposal - Dog 80.00 80.00 0%HSTLive Trap Placement 110.00 110.00 0%HSTMuzzle Order Appeal 200.00 220.00 10%ExemptBy-law EnforcementInvoice admin processing fee 255.00 270.00 6%HSTIssue Order 130.00 150.00 15%HSTRe-issuance of Permit/License/Document 50.00 50.00 0%ExemptFortification By-Law Exemption Application - single family dwelling or not-for- 150.00 150.00 0%HSTFortification By-Law Exemption Application - Multi-Residential, Commercial, 400.00 400.00 0%HSTProperty Standards Appeal 360.00 380.00 6%ExemptNoise By-Law Exemption Permit - Minor 250.00 250.00 0%ExemptNoise By-law Exemption Permit - Major 375.00 375.00 0%ExemptBuilding - FeesBuilding - photocopies - larger than ledger 3.00 3.00 0%HSTBuilding Certificate 55.00 55.00 0%ExemptBuilding Certificate - urgent request - less than 5 business days NEW 75.00 NEWExemptPermit fees - amend existing permit 55.00 60.00 9%Permit Review Fee - major amendment to existing permit 51.00 51.00 0% HST1Page 479 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxBuilding - FeesResidential – New Low Density - Single Detached & Townhouses Minimum permit fee $2,373.00OR$133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Minimum permit fee $2,500.00OR$133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptResidential – Mobile Homes, Low Density, Medium Density, High Density, Additions, Alterations, etc. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI – New $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI Major Alterations/Renovations/Additions(> 75,000) $1,058.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $1,058.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI Minor Alteration/Renovations/Additions($75,000 or less) $265.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $265.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees includedReduced per/$1000 rate - (9.4%)ExemptDecks, Sheds, Accessory Buildings, Pools, etc. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction. $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction. 9% ExemptPart 9 Residential Demolition 133.00 133.00 0%ExemptDemolition – all others 530.00 530.00 0%ExemptWater Connection, Sewer Connection or repair 133.00 133.00 0%ExemptChange of Use Permit (no construction) 265.00 265.00 0%ExemptConditional Permit Agreement 265.00 265.00 0%ExemptAlternative Solution Review 530.00 + cost of peer review 530.00 + cost of peer review ExemptOccupant Load Inspection Analysis & Report 80.00/hr 80.00/hr ExemptAGCO Agency Approval 80.00 80.00 0%ExemptRe-inspection 80.00 80.00 0%ExemptIssue Order 130.00 150.00 15%Exempt2Page 480 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxTransfer Permit 107.00 107.00 0%ExemptConstruction w/o Permit Double the initial permit rate Double the initial permit rate 0% ExemptSignsPermit fees - signs - permanent a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of a) $100.00 first $1,000.00 of estimated value of construction plus b) $7.00 per each additional $1,000.00 or part there of Increase per/$1000 rateExemptPermit fees - signs - mobile 30.00 30.00 0%ExemptPermit fees - sign - construction/placement without a permit double initial permit fee double initial permit fee 0%ExemptSign Variance - Minor Variance - Director Approval 275.00 280.00 2%ExemptSign Variance - Major Variance - Council Approval 400.00 420.00 4%ExemptSign Variance - Appeal Application 275.00 280.00 2%ExemptSign Variance - after the fact 1.5 the initial application rate 1.5 the initial application rate 0% ExemptSign Removal - General 125.00/sign 125.00/sign 0%HSTSign Removal - Mobile Sign 280.00 290.00 4%HSTSign Removal - Posters 25.00/ea + cost to repair any damage to public property 25.00/ea + cost to repair any damage to public property 0% HSTSign Removal - Temporary Signs 25.00/ea 25.00/ea 0%HSTSign Removal - A-Frame/Sandwich Board/Sidewalk Signs 100.00/ea 100/ea 0%HSTSign Removal - Banner Sign 250.00/ea 250.00/ea 0%HSTPermit fees - temporary buildings 2,000.00 2,000.00 0%ExemptPermit fees - transfer of permit 56.00 56.00 0% ExemptBuilding LicencesTaxi Cab Driver's Licence 35.00 35.00 0% ExemptTaxi Cab Owner Stand 125.00 125.00 0% ExemptTaxi Cab Owner Licence 50.00 50.00 0% ExemptTaxi Cab Vehicle Licence 65.00 65.00 0% ExemptGroup Transportation Owner Licence 50.00 50.00 0%Group Transportation Drivers Licence 35.00 35.00 0%Group Transportation Vehicle Licence 75.00 75.00 0%Group Transportation Vehicle Licence Renewal 50.00 50.00 0%Limousine Driver's Licence 65.00 65.00 0% ExemptLimousine Owner Licence 70.00 70.00 0% ExemptLimousine Vehicle Licence 72.00 72.00 0%Exempt3Page 481 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxKennel - new 100.00 100.00 0% ExemptKennel - renewal 100.00 100.00 0%ExemptClerk Issued Documents -LicencesBusiness Licence New Business 140.00 140.00 0%ExemptHome occupation Business 140.00 140.00 0%ExemptBusiness Licence per yearAuctioneer Licence 205.00 205.00 0%ExemptPawnbroker Licence - renewal 65.00 65.00 0%ExemptPawnbroker Licence - new 205.00 205.00 0%ExemptPawnbroker Security Deposit - refundable 2,000.00 2,000.00 0%ExemptVending/Salesperson Licence 205.00 205.00 0%ExemptFood Vending Licence 205.00 205.00 0%ExemptEvent Organizer Licence 205.00 205.00 0%ExemptOther Marriage Licence 130.00 130.00 0%ExemptMarriage Ceremony - Council Chambers 250.00 250.00 0%HSTMarriage Ceremony - Other Location (plus applicable mileage) 300.00 300.00 0%HSTWitness if required 25.00 25.00 0%HSTBurial Permits 20.00 20.00 0%ExemptPhotocopying/ Printing double sided 0.55 0.55 0% HSTPhotocopying/ Printing single sided 0.50 0.50 0% HSTCommissioner of Oaths - per document type 20.00 20.00 0%noneRegister Document on Title 250.00 275.00 10%ExemptRemove/Release Document from Title 250.00 275.00 10%ExemptTitle Search 75.00 75.00 0%ExemptFreedom of Information Request (FOI) - Initial Fee 5.00 5.00 0%Exempt4Page 482 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxPlanning & DevelopmentCash-in-lieu of parkland (low density residential consents) 1,000.00 3,500.00 250%ExemptPlanning Application - Minor Variance 950.00 1,050.00 11%ExemptPlanning Application - Minor Variance - after the fact 1,900.00 2,100.00 11%ExemptPlanning Application - Site Plan - Minor 515.00 550.00 7%ExemptPlanning Application - Site Plan - Minor - after construction 1,030.00 1,100.00 7%ExemptPlanning Application - Site Plan - Major 1,050.00 1,300.00 24%ExemptPlanning Application - Site Plan - Major - after construction 2,100.00 2,600.00 24%ExemptPlanning Application - Site Plan - Amendment Application 515.00 550.00 7%ExemptPlanning Application - Site Plan - Amendment Application after-the-fact 1,030.00 1,100.00 7%ExemptSite Plan Application - 3rd & subsequent submissions 515.00 550.00 7%ExemptSite Plan Agreement Administration Fee (includes registration on title) 515.00 550.00 7%ExemptPlanning Application - Zone Change- prior to use 1,250.00 1,350.00 8%ExemptPlanning Application - Zone Change- after use has occupied 2,500.00 2,700.00 8%ExemptPlanning Application - Zoning - Removal of (H) 260.00 275.00 6%ExemptSubdivision Certificate 60.00 60.00 0%ExemptZoning Certificate 55.00 55.00 0%ExemptZoning Certificate - urgent request - less than 5 business days NEW 75.00 NEW ExemptCivic Addressing - Readdressing 100.00 125.00 25%ExemptLand Division (severance) Clearance Letter 55.00 75.00 36%ExemptSeverance Agreement 1,025.00 1,100.00 7%ExemptPlanning - Preserving Agreement Administration fee 1,550.00 1,700.00 10%HSTSubdivision Agreement Administration Fee 1,550.00 1,750.00 13%HSTSubdivision Drawing Review (per lot) 105.00 105.00 0%ExemptSubdivision Drawing Review Fee (per lot) - 3rd submission & thereafter 52.50 52.50 0%ExemptEngineering Inspection Fee 175.00 175.00 0%ExemptStorm Water Management Pond Review 525.00 525.00 0%ExemptEncroachment Agreement Fee 1,350.00 1,350.00 0%ExemptEncroachment Permit Fee 25.00 25.00 0%HSTEasement Research Request 115.00 115.00 0% ExemptEngineering Certificate Request 115.00 115.00 0% Exempt5Page 483 of 688 FinanceItem 2020 Fee Proposed 2021 Fee % Change Tax UnitCorporatePhotocopying/ Printing double sided 0.55 0.55 0%HSTper pagePhotocopying/ Printing single sided 0.50 0.50 0%HSTper pageInterest on overdue accounts1.25%1.25%0%HSTper monthTax DepartmentTax certificate50.00 50.00 0%ExempteachTax registration service costs3,000.00 3,000.00 0%ExempteachTax Bill reprint10.00 10.00 0%ExempteachTax receipt 10.00 10.00 0%ExempteachPayment Redistribution15.00 15.00 0%ExempteachWater/Sewer Admin Charge45.00 45.00 0%ExempteachTax Statement (Paper Copy Only) 10.00 10.00 0%exempteachCorporateNSF Fee35.00 35.00 Exempteach6Page 484 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitCommunity Centre - AquaticsAquafit - 10 passes 53.55 56.25 5%HST10 passesAerobics - 10 passes 53.55 56.25 5%HST10 passesAerobics / Fitness (1/2 hour class) - 10 passes 28.15 newHST10 passesAquafit - 20 passes 84.75 90.00 6%HST20 passesAerobics - 20 passes 83.05 90.00 8%HST20 passesAerobics / Fitness (1/2 hour class) - 20 passes 45.00 newHST20 passesAerobics - 5 passes 37.70 38.45 2%HST5 passes30 minute Swimming Lesson 55.70 56.80 2%Exempt8 lessons45 minute Swimming Lesson 59.00 60.20 2%Exempt8 lessons60 minute Swimming Lesson 62.20 63.45 2%Exempt8 lessons30 minute Swimming Lesson 7.10 newExemptper lesson45 minute Swimming Lesson 7.50 newExemptper lesson60 minute Swimming Lesson 7.95 newExemptper lessonBronze Star 63.65 64.90 2%HSTcourseBronze Medallion 79.05 80.65 2%HSTper courseBronze Cross 79.05 80.65 2%HSTper courseFirst Aid 100.00 102.00 2%HSTper courseFirst Aid Recert 70.00 71.40 2% HST per courseNational Lifeguard 218.60 223.00 2%HSTper courseNational Lifeguard Recert 52.00 53.05 2%HSTper courseAssistant Swimming Instructors School 67.40 68.75 2%HSTper courseAdditional Fee 27.85 28.40 2%HSTper courseSwim for Life Instructors School 106.25 108.40 2%HSTper courseLifesaving Instructors 106.70 108.40 2%HSTper courseSwim/Lifesaving Instructors 218.60 223.00 2%HSTper coursePrivate Lessons (14+ years) 114.65 116.95 2%HST6 classesPrivate Lessons 114.65 116.95 2% Exempt 6 lessonsPrivate Lessons (14+ years) 20.00 newHSTper lessonPrivate Lessons 20.00 newExemptper lessonLifesaving Sport Fundamentals 7.55 newExemptper lessonSwim Synchro Swimming Lessons 7.55 newExemptper lessonSynchronized Swimming Team 505.10 515.20 2%Exempt9 MonthsFirst Aid Instructor 107.20 109.35 2%HSTper courseNational Lifeguard Instructor 153.90 157.00 2%HSTper courseExaminer Standards/Advanced Instructors 38.65 39.40 2%HSTper courseCommunity Centre - classes, courses, and campsBabysitting Course 55.20 56.30 2%Exempt8hr courseBus Trip - Adults 175.00 175.00 0% HSTBus Trip Adults 95.00 95.00 0%HSTeachBus Trip 80.00 80.00 0%HSTeachBus Trip 85.00 85.00 0%HSTeachBus Trip 90.00 90.00 0%HSTeachBus Trip 95.00 95.00 0%HSTeachBus Trip 100.00 100.00 0%HSTeach7Page 485 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitBus Trip 105.00 105.00 0%HSTeachBus Trip 110.00 110.00 0%HSTeachBus Trip 115.00 115.00 0%HSTeachBus Trip 120.00 120.00 0%HSTeachBus Trip 125.00 125.00 0%HSTeachBus Trip 130.00 130.00 0%HSTeachBus Trip 135.00 135.00 0%HSTeachBus Trip 140.00 140.00 0%HSTeachBus Trip 145.00 145.00 0%HSTeachBus Trip 150.00 150.00 0%HSTeachBus Trip 155.00 155.00 0%HSTeachBus Trip 160.00 160.00 0%HSTeachBus Trip 165.00 165.00 0%HSTeachBus Trip 170.00 170.00 0%HSTeachBus Trip 175.00 175.00 0%HSTeachYouth Program 30 min class 6.35 newExemptper lessonYouth Program 45 min class 10.20 newExemptper lessonYouth Program 60 min class 11.65 newExemptper lessonTeen Program 30 min 6.35 newHSTper lessonTeen Program 45 min 10.20 newHSTper lessonTeen Program 60 min 11.65 newHSTper lessonFloor Gymnastics 9.50 newExemptper lessonKarate - Kids Karate 5.15 newExemptper lessonKarate - Tiny Tigers 4.15 newExemptper lessonWorkshops - 1/2 day 27.55 28.10 2%HSTWorkshops - Specialty Course 82.80 84.85 2%HSTWorkshops - 8 hours 110.35 112.55 2%HSTYouth Camp - week 140.90 143.75 2%ExemptweekYouth Camp day 35.00 35.70 2%ExemptdailyYouth Camp Lunch 6.00 6.00 0%ExempteachYouth Camp Special 194.45 198.35 2%ExemptweekYouth Camp - short week 113.60 115.90 2%ExemptCancellations less than 24 hours notice 70% of registration 70% of registration 0%Community Centre - EventsCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 95.95 97.85 2%HSThourArena - Weekdays after 5pm & weekends 178.30 181.85 2%HSThourArena - Minor 125.25 127.75 2%HSThourArena - Shinny 5.80 5.90 2%HSTper personArena - Ice Flat Rate 433.00 441.65 2%HSTper dayArena Floor - Commercial 2,281.65 2,327.30 2%HSTper dayArena Floor - Full Use 1,719.15 1,753.50 2%HSTper dayArena Floor - Flat Fee (no set up) 562.45 573.70 2%HSTper dayArena Floor - Chilled Floor (additional fee) 2,164.85 2,208.15 2%HSTper dayArena Floor - Hourly League Fee 69.45 70.85 2%HSTper hourArena Floor - Set up Day/Tear Down Day 859.55 876.75 2%HSTper day8Page 486 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitArena Storage Room A 27.00 27.55 2%HSTper monthArena Storage Room B 16.25 16.60 2%HSTper monthArena Storage Room C 5.60 5.71 2%HSTper monthArena - Mini Practice Rink 46.20 47.10 2%HSThourAuditorium - Friday or Saturday 541.20 552.00 2%HSTper dayAuditorium - Sunday - Thursday 302.45 308.50 2%HSTper eveningAuditorium - Hourly 61.10 62.30 2%HSTRoom Set up & Decorating Fee (Day before) 113.55 115.80 2%HSTBall Diamond - Occasional Use 81.20 82.80 2%HSTper dayBall Diamond - Seasonal Youth Team 81.20 82.80 2%HSTBall Diamond - Seasonal Team Practice 286.50 292.25 2%HSTper teamBall Diamond - Seasonal Adult Team 472.25 481.70 2%HSTper teamBall Diamond - 2-day Tournament (Annandale Diamonds) 557.10 568.25 2%HST2 daysBall Diamond - Tournament per diamond per day 81.20 82.80 2%HSTper diamond/dayBall Diamond - portable washrooms - 1 day tournament 212.25 216.50 2%HST2 unitsBall Diamond - portable washrooms - 2 day tournament 265.30 270.60 2%HST2 unitsTractor with Groomer - Prep Friday 80.70 82.30 2%HSTper eventTractor with Groomer - Prep Saturday 40.40 41.20 2%HSTper eventTractor with Groomer - Prep Sunday 40.40 41.20 2%HSTper eventTractor with Groomer - Repair Monday 79.05 80.65 2%HSTper eventAdministrative Fees 106.10 108.20 2%HSTper eventSite clean up - 1 or 2 day event 172.70 176.15 2%HST3 staffBall Diamond - Keys 12.15 12.40 2%HST Ball Diamonds - Lights left on/equipment not stored properly 52.00 53.00 2%HSTper occurrenceDamage Deposit 530.60 541.00 2%ExemptDen - Fri or Sat 184.70 188.70 2%HSTper dayDen - Sun - Thursday 134.75 137.45 2%HSTper dayDen - Hourly 32.30 32.95 2%HSTEntire TCC Building - 1 arena 9am-4pm 2,154.25 2,197.35 2%HSTEntire TCC Building - 2 arenas 9am-4pm 2,706.05 2,760.15 2%HSTGibson House 71.70 73.15 2%HSTper dayGibson House - Hourly 28.05 28.60 2%HSTper hourKinsmen Canteen 27.55 28.10 2%HST per dayLobby Area 33.15 33.80 2%HSTMarwood B or C 71.70 73.15 2%HSTper dayMarwood BC 140.05 142.85 2%HSTper dayMarwood B or C - Hourly 27.05 27.60 2% HSTMarwood BC - Hourly 32.35 33.00 2% HSTMemorial Pavilion (full) or Kinsmen Bandshell 93.55 95.40 2% HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 58.35 59.50 2% HST per dayMemorial Park for Major Concert (includes bandshell & pavilion) 663.00 676.25 2% HST per event up to 4 daysNewman Park Gazebo 56.80 57.95 2% HST per dayParking Lot 113.55 115.80 2% HST per dayRotary Room 71.70 73.15 2% HSTRotary Room - Hourly 27.55 28.10 2% HSTRowing Club per month 100.45 102.45 2% HSTSchool Lessons 3.90 4.00 3% Exempt per person9Page 487 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSwim to Survive Rentals 93.10 94.95 2% Exempt per hourSwim to Survive Instructor Fee 20.00 new HST per hourSwim Meet 319.45 325.85 2% HST per daySwim Meet Evening 156.70 159.85 % HST per dayStorage Pool Deck 28.05 28.60 2% HST per monthSwim Lane 15.90 16.20 2% HST per hourStorage Rooms 112.50 114.75 2% HST per contractStorage Office A 27.55 28.10 2% HST per monthStorage Office B 16.65 17.00 2% HST per monthStorage Office C 5.70 5.80 2% HST per monthPool - 0-50 swimmers 90.90 92.75 2% HST per hourPool - 101+swimmers 231.65 236.25 2% HST per hourPool - 51-100 swimmers 123.40 125.85 2% HST per hourWaterPark - 0-100 swimmers 324.80 331.30 2% HST hourWaterPark- 0-100 swimmers - extra hour 216.40 220.75 2% HST add. Hr.Waterpark 101-300 swimmers 441.70 450.50 2% HST hourWaterpark 101-300 swimmers - extra hour 324.80 331.30 2% HST add. Hr.Waterpark 300+ swimmers 595.40 607.30 2% HST hourWaterpark 300+ swimmers - extra hour 470.80 480.20 2% HST add. Hr.Waterpark Board of Ed 100 swimmers 288.00 293.75 2% HST hourWaterpark Board of Ed 100 swimmers add. Hr. 160.00 163.20 2% HST add. Hr.Waterpark Board of Ed 100+ swimmers 512.10 522.35 2% HST hourWaterpark Board of Ed 100+ swimmers add. Hr. 256.10 261.25 2% HST add. Hr.COVID Cleaning Fee 25.00 new HST eachCOVID Cleaning Fee 50.00 new HST eachCOVID Cleaning Fee 100.00 new HST eachCommunity Centre - Leagues and MembershipsAdult League - Individual 60.49 61.70 2% HST eachAdult League - Team 390.56 398.40 2% HST per teamCourt Membership - Adult 54.06 55.15 2% HST SeasonalCourt Membership - Youth 19.48 19.85 2% HST SeasonalTennis Lessons - 1 hour 11.00 new HST per lessonTennis Lessons - 1/2 hour 4.85 new HST per lessonTennis Advanced Lessons - 1 hour 11.50 new HST per lessonTennis Lessons - 1 hour 86.50 88.25 2% HST 8 lessonsTennis Lessons - 1/2 hour 37.95 38.70 2% HST 8 lessonsTennis Advanced Lessons - 1 hour 90.20 92.00 2% HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 319.36 325.75 2% HST 12 monthMembership - Personal Training - 10 201.86 205.90 2% HST 10 sessions 1 hrMembership - Personal Training - 5 114.65 116.95 2% HST 5 sessions 1 hrMembership - Pool - 12 month 202.65 206.70 2% HST each10Page 488 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitMembership - Pool - 6 month 142.20 145.05 2% HST eachMembership - Pool 20 Pass 67.40 68.75 2% HST eachMembership - Weight Training 57.80 58.95 2% HST up to 6 hoursMembership - HC Adult - 01 month 74.80 76.30 2% HST 1 monthMembership - HC Adult - 03 month 196.35 200.30 2% HST 3 monthMembership - HC Adult - 06 month 286.50 292.25 2% HST 6 monthMembership - HC Adult - 12 month 439.30 448.10 2% HST 12 monthMembership - HC Adult - 5 pass 43.55 46.00 5% HST 5 visitsMembership - HC Adult - 10 pass 90.00 new HSTMembership - HC Adult - 20 Pass 174.00 177.50 2% HST 20 VisitsMembership - HC Family - 01 month 168.70 172.05 2% HST 1 monthMembership - HC Family - 03 month 421.25 429.30 2% HST3 month Membership - HC Family - 06 month 628.20 640.75 2% HST 6 monthMembership - HC Family - 12 month 880.80 898.40 2% HST 12 monthMembership - HC Student/Senior - 01 month 60.50 61.70 2% HST 1 monthMembership - HC Student/Senior - 03 month 166.55 169.90 2% HST 3 monthMembership - HC Student/Senior - 06 month 205.95 210.00 2% HST 6 monthMembership - HC Student/Senior - 12 month 324.70 331.20 2% HST 12 monthMembership - Student - 5 Passes 25.00 26.25 5% HST 5 visitsMembership - Student - 10 Passes 47.50 new HSTMembership- Student - 20 Passes 81.20 85.25 5% HSTMembership - HC Glendale Student 99.75 101.75 2% HST 5 MonthMembership - Special - Adult 286.50 292.25 2% HST 12 monthMembership - Special - Student/Senior 212.25 216.50 2% HST 12 monthMembership - Special - Under 14 59.30 60.50 2% HST 12 monthMembership - Replacement Card 5.30 5.40 2% HST eachMembership - Squash Adult - 01 month 72.75 74.20 2% HST 1 monthMembership - Squash Adult - 03 month 190.00 193.80 2% HST 1 monthMembership - Squash Adult - 06 month 279.20 284.80 2% HST 1 monthMembership - Squash Adult - 20 pass 90.20 92.00 2% HST 1 monthMembership - Squash Family - 01 month 163.40 166.65 2% HST 1 monthMembership - Squash Family - 03 month 407.50 415.65 2% HST 1 monthMembership - Squash Family - 06 month 612.30 624.55 2% HST 1 monthMembership - Squash Student - 01 month 59.25 60.45 2% HST 1 monthMembership - Squash Student - 03 month 166.60 169.95 2% HST 1 monthMembership - Squash Student - 06 month 205.95 210.05 2% HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 8.00 8.00 0% HST included eachFitness / Yoga (1/2 hr class) 4.00 new HST included eachBoard of Education - Squash/HC 2.75 2.80 2% HST includedBoard of Education - Arena/Pool 3.00 3.05 2% HST includedCourt Fee 5.10 5.20 2% HST included11Page 489 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitDrop In Swimming Lessons 8.65 8.80 2% HST included per lessonDrop In Swimming Lessons - ea. Additional child 5.35 5.45 2% HST included per lessonHealth Club Adult 10.50 10.75 2% HST included eachHealth Club - Youth 4.75 4.85 2% HST included eachSquash 10.75 11.00 2% HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 2.25 11% HST includedRoller Skate - Admission With skate rental 5.00 5.25 5% HST includedSwim Child 2.00 2.25 11% HST included eachSwim Family 9.00 9.25 3% HST included eachSwim - Over 14 4.25 4.50 6% HST included eachSkate Child 2.00 2.25 11% HST included eachSkate Family 9.00 9.25 3% HST included eachSkate - Over 14 4.25 4.50 6% HST included eachWallyball 11.70 11.70 0% HST included per court (1 hr)Waterpark 2-5 yrs - - 0% HST included eachWaterpark 60 years & over - No Waterslide 4.50 5.00 10% HST included eachWaterpark 60 years & Over Half Price - No Waterslide 2.25 2.50 10% HST included eachWaterpark 6-14 yrs - No Waterslide 4.00 4.50 11% HST included eachWaterpark 6-14 yrs Half Price - No Waterslide 2.00 2.25 11% HST included eachWaterpark Additional Family Member 2.00 2.25 11% HST included eachWaterpark Adult - No Waterslide 6.75 7.00 4% HST included eachWaterpark Adult Half Price - No Waterslide 3.40 3.50 3% HST included eachWaterpark Family - No Waterslide 24.50 26.00 6% HST included per family of 5Waterpark Family Half Price - No Waterslide 12.25 13.00 6% HST included per family of 5Waterpark Grandparents Day - - 0% HST includedWaterpark Tillsonburg Resident Pass (6 +) - No Waterslide 30.00 30.75 2% HST per personWaterpark Non-resident Pass (Youth & Srs 60+) - No Waterslide 42.00 43.00 2% HST per personWaterpark Non-resident Pass (Adult under 60) - No Waterslide 62.00 63.00 2% HST per personWaterpark 60 years & over 5.50 6.00 8% HST included eachWaterprak 60 years & Over Half Price 2.75 3.00 8% HST included eachWaterpark 6-14 yrs 5.00 5.50 9% HST included eachWaterpark 6-14 yrs Half Price 2.50 2.75 9% HST included eachWaterpark Additional Family Member 2.00 2.25 11% HST included eachWaterpark Adult 7.75 8.00 3% HST included eachWaterpark Adult Half Price 3.90 4.00 3% HST included eachWaterpark Family 25.50 28.00 9% HST included per family of 5Waterpark Family Half Price 12.75 14.00 9% HST included per family of 5Waterpark Tillsonburg Resident Pass (6 +) 35.00 35.75 2% HST per personWaterpark Non-resident Pass (Youth & Srs 60+) 47.00 48.00 2% HST per personWaterpark Non-resident Pass (Adult under 60) 67.00 68.25 2% HST per personCommunity Centre - Other fees12Page 490 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitAdmin - Refund Admin Fee 15.60 15.95 2% Exempt eachAdmin - Reprint receipt 5.20 5.30 2%ExempteachAdmin - Consolidated Receipts (Child Tax Credit) 10.40 10.60 2% HSTAdmin - Copies - Single sided 0.30 0.30 0% HSTAdmin - Copies - Double sided 0.35 0.35 0% HSTCamping - Non Serviced per site 32.50 33.15 2% HSTCamping - Serviced per site 54.10 55.20 2% HSTRentals - 8' wooden tables 5.60 5.70 2% HSTRentals - Black plastic chairs 2.10 2.15 2% HST eachDelivery of Table & Chairs( per round trip) 27.00 27.55 2% HSTRentals - Black curtains/hardware rental per foot2.7 2.75 2% HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,103.64 1,125.70 2%HSTeachAdvertising - Community Arena Backlit 551.82 562.85 2%HSTeachAdvertising - Memorial Arena Board 716.35 730.65 2%HSTeachAdvertising - Community Arena Board 440.44 449.25 2%HSTeachAdvertising - Ice Re-Surfacer - Side 551.82 562.85 2%HSTeachAdvertising - Ice Re-Surfacer - Top 1,103.64 1,125.70 2%HSTeachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 2,489.55 2%HSTeachAdvertising - Skate Aid 10.20 10.40 2%HSTper monthAdvertising - Inside Front/Back Page Glossy 1,618.33 1,650.70 2%HSTeachAdvertising - Back Page Glossy 2,164.85 2,208.15 2%HSTeachAdvertising - Brochure 1/8 page 110.36 112.55 2%HSTeachAdvertising - Brochure 1/4 page 193.09 196.95 2%HSTeachAdvertising - Brochure 1/2 page 329.97 336.55 2%HSTeachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 662.40 2%HSTeachAdvertising - Brochure Full page 660.04 673.25 2%HSTeachAdvertising - Brochure Full page (internal corporate) 216.55 220.90 2%HSTeachAdvertising - Miscellaneous 110.36 112.55 2%HSTeachAdvertising - Digital Ad Set up 21.52 21.95 2%HSTeachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 55.15 2%HSTeachAdvertising - Digital Ad - Tournament/Special Events 54.06 55.15 2%HSTeachAdvertising - Fence - Per Season 120.97 123.40 2%HSTper seasonAdvertising - Fence - Per Year 242.05 246.90 2%HSTannuallyAdvertising - Infocaster Set Up 50.00 51.00 2%HSTeachAdvertising - Infocaster - Small Ad 25.00 25.50 2% HST per monthAdvertising - Infocaster - Large Ad 50.00 51.00 2% HST per monthAdvertising - Infocaster - Tournament/Special Event 50.00 51.00 2% HST eachSpecial Events Tickets 20.00 20.00 0% HST eachSpecial Events Tickets25.00 25.00 0% HST eachSpecial Events Tickets30.00 30.00 0% HST eachSpecial Events Tickets 35.00 35.00 0% HST eachSpecial Events Tickets40.00 40.00 0% HST eachSpecial Events Tickets45.00 45.00 0% HST eachSpecial Events Tickets 50.00 50.00 0% HST eachA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th ad gets 30% off 13Page 491 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSpecial Events Tickets55.00 55.00 0% HST eachSpecial Events Tickets60.00 60.00 0% HST eachSpecial Events Tickets 65.00 65.00 0% HST eachSpecial Events Tickets70.00 70.00 0% HST eachSpecial Events Tickets75.00 75.00 0% HST eachSpecial Events Tickets 80.00 80.00 0% HST eachSpecial Events Tickets85.00 85.00 0% HST eachSpecial Events Tickets90.00 90.00 0% HST eachSpecial Events Tickets 95.00 95.00 0% HST eachSpecial Events Tickets100.00 100.00 0% HST eachSpecial Events Tickets105.00 105.00 0% HST eachSpecial Events Tickets 110.00 110.00 0% HST eachSpecial Events Tickets115.00 115.00 0% HST eachSpecial Events Tickets120.00 120.00 0% HST eachSpecial Events Tickets 125.00 125.00 0% HST eachAdvertising - Ice Re-Surfacer - Top 1,103.64 1,103.64 0% HST eachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 2,440.76 0% HST eachAdvertising - Skate Aid 10.20 10.20 0% HST per monthAdvertising - Inside Front/Back Page Glossy 1,618.33 1,618.33 0% HST eachAdvertising - Back Page Glossy 2,164.85 2,164.85 0% HST eachAdvertising - Brochure 1/8 page 110.36 110.36 0% HST eachAdvertising - Brochure 1/4 page 193.09 193.09 0% HST eachAdvertising - Brochure 1/2 page 329.97 329.97 0% HST eachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 649.43 0% HST eachAdvertising - Brochure Full page 660.04 660.04 0% HST eachAdvertising - Brochure Full page (internal corporate) 216.55 216.55 0% HST eachAdvertising - Miscellaneous 110.36 110.36 0% HST eachAdvertising - Digital Ad Set up 21.52 21.52 0% HST eachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 54.06 0% HST eachAdvertising - Digital Ad - Tournament/Special Events 54.06 54.06 0% HST eachAdvertising - Fence - Per Season 120.97 120.97 0% HST per seasonAdvertising - Fence - Per Year 242.05 242.05 0% HST annuallyAdvertising - Infocaster Set Up 50.00 50.00 0% HST eachAdvertising - Infocaster - Small Ad 25.00 25.00 0% HST per monthAdvertising - Infocaster - Large Ad 50.00 50.00 0% HST per monthAdvertising - Infocaster - Tournament/Special Event 50.00 50.00 0% HST eachSpecial Events Tickets 20.00 20.00 0% HST eachSpecial Events Tickets25.00 25.00 0% HST eachSpecial Events Tickets30.00 30.00 0% HST eachSpecial Events Tickets 35.00 35.00 0% HST eachSpecial Events Tickets40.00 40.00 0% HST eachSpecial Events Tickets45.00 45.00 0% HST eachSpecial Events Tickets 50.00 50.00 0% HST each14Page 492 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSpecial Events Tickets55.00 55.00 0% HST eachSpecial Events Tickets60.00 60.00 0% HST eachSpecial Events Tickets 65.00 65.00 0% HST eachSpecial Events Tickets70.00 70.00 0% HST eachSpecial Events Tickets75.00 75.00 0% HST eachSpecial Events Tickets 80.00 80.00 0% HST eachSpecial Events Tickets85.00 85.00 0% HST eachSpecial Events Tickets90.00 90.00 0% HST eachSpecial Events Tickets 95.00 95.00 0% HST eachSpecial Events Tickets100.00 100.00 0% HST eachSpecial Events Tickets105.00 105.00 0% HST eachSpecial Events Tickets 110.00 110.00 0% HST eachSpecial Events Tickets115.00 115.00 0% HST eachSpecial Events Tickets120.00 120.00 0% HST eachSpecial Events Tickets 125.00 125.00 0% HST each15Page 493 of 688 FireItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFireFee for response to a nuisance fire alarm - first incident in 12 month period 228.48 233.00 2% Exempt per alarmFee for each fire apparatus dispatched to a specific address in response to a nuisance false alarm AFTER the first incident in 12 month period $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourResponse to false alarms in building required by the Ontario Building Code where work is being done on the system and the owner or his agent fails to notify the Fire Department $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to the scene of a motor vehicle accident and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle fire and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services on a provincial highway. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to Natural Gas Leak $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to a Hazardous Materials Incident. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus assigned to a fire watch authorized by Fire Chief $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to a burn complaint where the by-law is contraviened and/or fire department is required to extinguish an open air burn. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourAdditional Fire department expense incurred during an emergency required to mitigate the emergency Actual Cost Actual Cost ExemptMTO - ARIS fee per search 28.00 35.00 (based on MTO set rate)eachFire Incident Report 112.71 115.00 2%HSTeachFire Investigation report 230.00 235.00 2%HSTeachFee to conduct a file search for outstanding orders/ inspection reports and respond by letter 89.25 91.00 2% HST each requestFee to conduct a requested inspection of a commercial, industrial, or institutional building less than 930m2 (10,000 sq.ft.) 227.00 230.00 1% HST eachEach additional 185m2 (2000 sq.ft.) in a commercial, industrial or institutional building 34.20 35.00 2% HST each16Page 494 of 688 FireItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFee to conduct a requested inspection of a residential building up to and including 4 suites or apartments 220.00 225.00 2% HST eachEach additional suite or apartment over base fee 34.00 35.00 3%HSTeachFee to conduct a requested inspection of any licensed occupancy excluding a daycare 172.78 175.00 1% HST eachFee to conduct a requested inspection of a daycare facility 86.70 90.00 4% HST eachFee to conduct verification of fire drill scenario 215.00 220.00 2% HST eachBusiness License Inspection 85.00 85.00 0%ExempteachFee to conduct any requested inspection above that is in compliance with the Fire Code at initial inspection (50.00) (50.00) 0% HST eachFee to conduct each required re-inspection after one verification re-inspection same as original same as original 0% HST eachResidential carbon monoxide alarm or smoke alarm left with a homeowner on loan 86.50 86.50 0%HST, if not returnedper detector not returnedFire department approval as part of a Demolition Permit issued by the Building Department. 109.00 110.00 1% HST eachFee to review an application for a licence to sell Consumer Fireworks (F.1) including a site inspection and review of Fire Safety Plan 185.00 190.00 3% HST eachFee to review an application for a Display Fireworks (F.2) event 142.80 145.00 2% HST eachFee to review an application for a licence to conduct a Pyrotechnics (F.3) display including a site inspection and review of Fire Safety Plan 218.28 220.00 1% HST eachFee to issue open air burn permit 115.00 120.00 4%HSTeachFee to review a fire safety plan excluding any such review required as part of a property inspection for which a fee has been set in this by-law. 85.00 86.70 2% HST eachFee to review and/or approve a Level 1 Risk Management Plan as part of an application to the TSSA for a licence to store propane. 325.00 330.00 2% HST eachFee to review and/or approve a Level 2 Risk Management Plan as part of an application to the TSSA for a licence to store propane$780 $790 1% HST eachFee for facilitating fire safety training 111.60 115.00 3%HSTper hourFee to facilitate fire extinguisher training (theory only) 107.00 110.00 3%HSTFee to facilitate live fire training 205.00 205.00 0%HSTeachFees to facilitate public education presentations, station tours, and lectures for non-resident organizations and individuals 55.00 58.00 5% HST per hourFee to recharge self-contained breathing air cyclinders 32.00 33.00 3% HST per cylinderFee to recharge self-contained breathing air cylinders, under a special agreement with SWOX and Bayham Fire Depts 1,300.00 1,300.00 0% HST per yearFee to clean set of bunker gear 2.75 3.25 18%HSTeachRental of Training Room (excluding emergency services) 220.00 225.00 2% HST per day17Page 495 of 688 MuseumItem 2020 Fee Proposed 2021 Fee % Change Tax UnitMuseumMuseum-Admission-Adult 6.00 6.19 3%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 46.02 2%HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.35 2%HSTyearlyMuseum-Admission-Child 2.21 2.21 0%HSTdailyMuseum-Admission-Family Rate 12.00 12.39 3%HSTdailyMuseum-Admission-Group Rate 4.00 4.20 5%HSTdailyMuseum-Admission-Senior 5.00 5.09 2%HSTdailyMuseum-Admission-Student 3.00 3.10 3%HSTdailyMuseum Volunteer-Admission-Free FREE FREE 0%dailyMuseum - Research (Genealogy) 25.00 NEWHSTper hourMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate FREE FREE 0%eachMuseum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 51.00 2%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 51.00 2%HSTeachMuseum-Rentals-Kitchen 25.00 25.50 2%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.70 2%HSTeachMuseum-Rentals-Program Room 50.00 51.00 2%HSThalf dayMuseum-Rentals-Program Room 75.00 76.50 2%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 76.50 2%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 102.00 2%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 102.00 2%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 61.20 2%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 76.50 2%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.50 3%ExempteachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.50 3%ExempteachMuseum- School Program- per student (1 hour) 2.50 2.50 0%ExempteachMuseum - School Program - per student (2 hours) 3.50 3.50 0%ExempteachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum - Special Event - Adult program 15.00 NewHSTeachMuseum-Admission - Pratt Gallery only 2.50 2.65 6%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 81.60 2%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.50 2%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.60 2%HSTMuseum- Special Event Tea 15.00 15.30 2%HSTMuseum - Special Event - Dinner 55.00 56.10 2%HSTper eventMuseum - Special Event - Performance 40.00 40.80 2%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HST18Page 496 of 688 MuseumItem 2020 Fee Proposed 2021 Fee % Change Tax UnitMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea (Tier 1) 7.00 7.00 0%HSTMuseum-Special Event - Tea (Tier 2) 12.00 12.00 0%HSTMuseum- Special Event - Tea (Tier 3) 20.00 20.00 0%HSTMuseum- Special Event - Tea (Tier 4) 25.00 25.00 0%HSTMuseum- Special Event - Tea (Tier 5) 30.00 30.00 0%HSTWorkshop (Tier 1) 15.00 15.00 0%HSTWorkshop (Tier 2) 20.00 20.00 0%HSTWorkshop (Tier 3) 25.00 25.00 0%HSTWorkshop (Tier 4) 30.00 30.00 0%HSTWorkshop (Tier 5) 40.00 40.00 0%HSTWorkshop (Tier 6) 45.00 45.00 0%HSTWorkshop (Tier 7) 50.00 50.00 0%HSTWorkshop (Tier 8) 60.00 60.00 0%HSTWorkshop (Tier 9) 65.00 65.00 0%HSTWorkshop (Tier 10) 70.00 70.00 0%HSTWorkshop (Tier 11) 80.00 80.00 0%HSTWorkshop (Tier 12) 85.00 85.00 0%HSTWorkshop (Tier 13) 90.00 90.00 0%HSTWorkshop (Tier 14) 95.00 95.00 0%HSTBus Trip (Tier 1) 45.00 45.00 0%HSTBus Trip (Tier 2) 50.00 50.00 0%HSTBus Trip (Tier 3) 55.00 55.00 0%HSTBus Trip (Tier 4) 60.00 60.00 0%HSTBus Trip (Tier 5) 65.00 65.00 0%HSTBus Trip (Tier 6) 70.00 70.00 0%HSTBus Trip (Tier 7) 75.00 75.00 0%HSTBus Trip (Tier 8) 80.00 80.00 0%HSTBus Trip (Tier 9) 85.00 85.00 0%HSTBus Trip (Tier 10) 90.00 90.00 0%HSTBus Trip (Tier 11) 95.00 95.00 0%HSTBus Trip (Tier 12) 100.00 100.00 0%HSTBus Trip (Tier 13) 110.00 110.00 0%HSTBus Trip (Tier 14) 115.00 115.00 0%HSTBus Trip (Tier 15) 120.00 120.00 0%HSTBus Trip (Tier 16) 125.00 125.00 0%HSTBus Trip (Tier 17) 130.00 130.00 0%HSTBus Trip (Tier 18) 135.00 135.00 0%HST19Page 497 of 688 Cemetery-ParksItem2020 Fee 2020 Perpetual Care Fee 2020 Net Fee Proposed202a Fee Proposed 2021 Perpetual Care Fee Proposed 2021 Net Fee % Change Tax UnitInterment RightsGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0%HSTgraveInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0%HSTgraveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0%HSTgraveColumbarium Niche 2,100.00 315.00 1,785.00 2,100.00 315.00 1,785.00 0%HSTnicheFamily Columbarium 10,400.00 1,560.00 8,840.00 NewHSTcolumbarium (4 Cemetery ServicesCemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0%ExemptintermentColumbarium Niche Open/Close 200.00 200.00 200.00 200.00 0%HSTeachAdult Interment 835.00 835.00 835.00 835.00 0%HSTeachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 0%HSTper 1/2 hourChild/ Infant Interment 300.00 300.00 300.00 300.00 0%HSTeachCremated Remains Interment Infant 200.00 200.00 200.00 200.00 0%HSTeachCremated Remains Interment Adult 350.00 350.00 350.00 350.00 0%HSTeachStatutory Holidays - Funeral FeeHST eachDisinterment/Exhumation- Relocation in Same Cemetery- 2,087.50 2,087.50 2,087.50 2,087.50 0%HSTeachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 0% HST eachDisinterment/Exhumation- Relocation in Another Cemetery- 1,565.63 1,565.63 1,565.63 1,565.63 0%HSTeachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST eachDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0%HSTeachDisinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 0%HSTeachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0%HSTeachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0%HSTper cubic footVeteran Standing Monument Setting 200.00 200.00 200.00 200.00 0%HSTeachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0%HSTeachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0%HSTeachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0%HSTeachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0%HSTeachMonument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0%HSTeachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0%HSTeachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0%HSTeachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0%HSTeachFlower Campaign 100.00 100.00 100.00 100.00 0%HSTPer basketWreath Campaign 60.00 60.00 60.00 60.00 0%HSTPer wreathMemorial Benches2,000.00 200.00 1,800.00 2,000.00 200.00 1,800.00 0%HSTeachMemorial Tree650.00 65.00 585.00 650.00 65.00 585.00 0% HSTeachPerpetual care fees regulated by the Province 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee 20Page 498 of 688 Public WorksItem 2020 Fee Proposed 2021 Fee % Change Tax UnitAirportAirport - Aircraft Parking Fees - Daily 10.00 10.00 0%HSTper dayAirport - Aircraft Parking Fees - Monthly 60.00 60.00 0%HSTper monthAirport - Aircraft Parking Fees - Yearly 600.00 600.00 0%HSTper yearAirport - Basement Boardroom rental (15'x29') half day 45.00 45.00 0%HSTper half dayAirport - Basement Boardroom rental (15'x29') full day 80.00 80.00 0%HSTper full dayAirport - Basement Rental per hour 15.00 15.00 0%HSTper hourAirport - Boardroom Long term rental 285.00 285.00 0%HSTper weekAirport - Hangar Land Lease Fee Annually per SF 0.30 0.30 0%HSTper SFAirport - Infrastructure fee < 5,000 SF hangar 550.00 550.00 0%HSTupon signingAirport - Infrastructure fee > 5,000 SF hangar 1,100.00 1,100.00 0%HSTupon signingAirport - Maintenance fee 125.00 125.00 0%HSTper yearAirport Toque 11.50 11.50 0%HSTper unitAirport Fuel Call Out Fee 50.00 50.00 0%HSTper call outAirport Administration Fee 35.00 35.00 0%HSTper unitAirport Hangar Application Fee 305.00 305.00 0%HSTper applicationAirport Hangar Transfer Fee 155.00 155.00 0%HSTper applicationAirport Development Permit Fee 610.00 610.00 0%HSTper applicationAirport Corporate Parking Fee (waived with fuel purchase) 25.00 25.00 0%HSTup to 4 hrsAirport Corporate Parking Fee (waived with fuel purchase) 50.00 50.00 0%HSTper dayAirport Corporate Landing Fee (waived with fuel purchase) 40.00 40.00 0%HSTper landingRoadsPublic Works Administration Fee 50.00 50.00 0%HSTflat rateRoads-Labour 39.10 39.10 0%HSTper hourRoads-Labour Overtime 54.35 54.35 0%HSTper hourRoads-Labour Double Time 69.75 69.75 0%HSTper hour1/2 Ton Pickup Truck 15.00 15.00 0%HSTper hour1-Ton Truck 32.50 32.50 0%HSTper hourSingle Axle Dump Truck 80.00 80.00 0%HSTper hour With Plow & Wing 12.50 12.50 0%HSTper hour With Sander/Salter 19.50 19.50 0%HSTper hour With Plow, Wing & Sander/Salter 32.00 32.00 0%HSTper hour With Anti-Icing System 4.50 4.50 0%HSTper hourFront End Loader 70.00 70.00 0%HSTper hour With Plow Blade 7.00 7.00 0%HSTper hour With Snowblower 180.00 180.00 0%HSTper hourBackhoe 50.00 50.00 0%HSTper hourGrader 75.00 75.00 0%HSTper hourStreet Sweeper 70.00 80.00 14%HSTper hour21Page 499 of 688 Public WorksItem 2020 Fee Proposed 2021 Fee % Change Tax UnitSidewalk Machine 45.00 45.00 0%HSTper hour With Plow 6.00 6.00 0%HSTper hour With Sander 5.00 5.00 0%HSTper hour With Snowblower 18.00 18.00 0%HSTper hour With Plow & Sander 11.00 11.00 0%HSTper hour With Snowblower & Sander 23.00 23.00 0%HSTper hour With Angle Broom 8.50 8.50 0%HSTper hour With Flail Mower 10.00 10.00 0%HSTper hour With Cold Planer 35.00 35.00 0%HSTper hourLeaf Vacuum 90.00 90.00 0%HSTper hourLine Striper 12.00 12.00 0%HSTper hourSewer Rodder 95.00 95.00 0%HSTper hourWood Chipper 25.00 25.00 0%HSTper hourZero Radius Mower 30.00 30.00 0%HSTper hourPortable Pump 35.00 35.00 0%HSTper hourWalk Behind Snowblower 2.50 2.50 0%HSTper hourWalk Behind Push Mower 2.50 2.50 0%HSTper hourChainsaw 2.50 2.50 0%HSTper hourTrimmer 2.00 2.00 0%HSTper hourSmall Generator 9.50 9.50 0%HSTper hourUtility Trailer 9.00 9.00 0%HSTper hourConstruction & Demolition Disposal Cost Recovery Fee 25.00 25.00 0%HSTper load22Page 500 of 688 TransitItem 2020 Fee Proposed 2021 Fee % Change Tax UnitT-GOTicket - Adult - Single Ride$2.50 $2.50 0%HST Single RideTicket - Adult - 10 Ride Pass$20.00 $20.00 0%HST 10 Ride PassTicket - Adult - Day Pass$8.00 $8.00 0%HST Day PassTicket - Adult - Monthly Pass$60.00 $60.00 0%HST Monthly PassTicket - Seniors (60+) - Single Ride$2.00 $2.00 0%HST Single RideTicket - Seniors (60+) - 10 Pass Ride$16.00 $16.00 0%HST 10 Ride PassTicket - Seniors (60+) - Day Pass$6.00 $6.00 0%HST Day PassTicket - Seniors (60+) - Monthly Pass$48.00 $48.00 0%HST Monthly PassTicket - Students - Single Ride$2.00 $2.00 0%HST Single RideTicket - Students - 10 Ride Pass$16.00 $16.00 0%HST 10 Ride PassTicket - Students - Day Pass$6.00 $6.00 0%HST Day PassTicket - Students - Monthly Pass$48.00 $48.00 0%HST Monthly PassTicket - Children (5 and under) - Single RideFREEFREESingle RideTicket - Children (5 and under) - 10 Ride PassFREEFREE10 Ride PassTicket - Children (5 and under) - Day PassFREEFREEDay PassTicket - Children (5 and under) - Monthly PassFREEFREEMonthly PassTicket - Support Person - Single RideFREEFREESingle RideTicket - Support Person - 10 Ride PassFREEFREE10 Ride PassTicket - Support Person - Day PassFREEFREEDay PassTicket - Support Person - Monthly PassFREEFREEMonthly PassTicket - Veteran - Single RideFREEFREESingle RideTicket - Veteran - 10 Ride PassFREEFREE10 Ride PassTicket - Veteran - Day PassFREEFREEDay PassTicket - Veteran - Monthly PassFREEFREEMonthly Pass23Page 501 of 688 UtilityItem 2020 Fee Proposed 2021 Fee % Change Tax UnitUtility - Returned Cheque Fee (plus bank charges) 15.00 15.00 0%HSTeachUtility-Account Set Up / Change of Occupancy Fee 30.00 30.00 0%HSTeachUtility - Late Payment (per annum)19.56%19.56%0%HST%Utility-After Hour Reconnect (at meter) 185.00 185.00 0%HSTeachUtility-During Hours Reconnect (at meter) 65.00 65.00 0%HSTeachUtility-During Hours Reconnect (at mpole) 185.00 185.00 0%HSTeachUtility-Special Meter Reading 30.00 30.00 0%HSTeachUtility -Service Call (after hours) 165.00 165.00 0%HSTeachUtility-Access to Utility Poles 43.63 44.50 2%HSTeachUtility-Miscellaneous Materials Mark Up 0.25 0.25 0% HST %Utility-Pole Rental - 30 ft 1.50 1.50 0% HST monthUtility-Pole Rental - 35 ft 2.25 2.25 0% HST monthUtility-Sentinal Light Rental - 150 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 175 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 250 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 400 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 70 W 3.50 3.50 0% HST monthUtility-Labour 45.50 45.50 0%HSThourUtility-Truck Charges - #26 15.00 15.00 0%HSThourUtility-Truck Charges - #30 15.00 15.00 0%HSThourUtility-Truck Charges - #41 20.00 20.00 0%HSThourUtility-Truck Charges - #65 67.50 67.50 0%HSThourUtility-Truck Charges - #66 67.50 67.50 0%HSThourUtility-Truck Charges - #68 75.00 75.00 0%HSThourUtility-Truck Charges - #74 65.00 65.00 0%HSThourUtility-Truck Charges - #22 15.00 15.00 0%HSThourUtility-Truck Charges - #28 15.00 15.00 0%HSThourUtility-Truck Charges - #44 30.00 30.00 0%HSThourUtility-Truck Charges - #45 15.00 15.00 0%HSThourUtility-Sewer Camera Job 55.00 55.00 0%HSThour24Page 502 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitBag Tags2.00 2.00 0%incl HSTper tagBlue Box (apartment )3.50 3.50 0%incl HSTBlue Box (83 Litre)5.50 6.20 13%incl HSTBlue Box Lid (83 Litre)1.50 2.70 80%incl HSTComposter10.00 10.00 0%incl HSTRain barrels45.00 50.00 11%incl HSTGreen Cones40.00 50.00 25%incl HSTFine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Exemptper infractionFine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Exemptper infractionFine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Exemptper infractionFine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Exemptper infractionFine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Exemptper infractionFine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Exemptper infractionFine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Exemptper infraction25Page 503 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Exemptper infractionFine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Exemptper infractionFine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Exemptper infractionFine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Exemptper infractionFine - fail to renew dog/cat license Fine - fail to renew dog/cat license Fine - fail to renew dog/cat license Exemptper infractionFine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Exemptper infractionFine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Exemptper infractionFine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Exemptper infractionFine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Exemptper infractionFine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Exemptper infractionFine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Exemptper infraction26Page 504 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Exemptper infractionFine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Exemptper infractionFine - failure to post sign Fine - failure to post sign Fine - failure to post sign Exemptper infractionFine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Exemptper infractionFine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Exemptper infractionFine - Harbouring more than three dogs Fine - Harbouring more than three dogs Fine - Harbouring more than three dogs Exemptper infractionFine - Harbouring more than two cats Fine - Harbouring more than two cats Fine - Harbouring more than two cats Exemptper infractionFine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Exemptper infractionFine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Exemptper infractionFine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Exemptper infractionFine - Keeping prohibited animals Fine - Keeping prohibited animals Fine - Keeping prohibited animals Exemptper infraction27Page 505 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Exemptper infractionFine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Exemptper infractionFine - operate a kennel without a license Fine - operate a kennel without a license Fine - operate a kennel without a license Exemptper infractionFine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Exemptper infractionFine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Exemptper infractionFine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Exemptper infractionAGCO Required LicencesRaffle 3% with min. of $25 3% of prize value 0%Exempt each Bazaar $10 per wheel, 3 wheels max $10 per wheel, 3 wheels max 0%Exempt each Bazaar/Bingo 2 percent 2 percent 0%Exempteach Bazaar/Raffle 3% up to $5000 3% up to $5000 0%Exempteach Bingo Only 2% up to $5500 2% up to $5500 0%ExempteachBreak Open @ other location 3% x # of units X total prize/unit 3% x # of units X total prize/unit 0%Exempt eachBreak Open @ own location 2% x # of units X total prize/unit 2% x # of units X total prize/unit 0%ExempteachPoliceCriminal Record, Police Record & Vulnerable Sector Check (Employment 25.00 25.00 0%ExempteachDuplicate Copy of Criminal and Police Record Check 5.00 5.00 0%incl HSTeachCriminal Record, Police Record & Vulnerable Sector Check (Volunteer) FREE FREE 0%ExempteachFingerprints (OPP charge) 26.50 26.50 0%incl HSTeachFingerprints (LIVESCAN - on behalf of RCMP) 25.00 25.00 0%incl HSTeachOccurrence Confirmation Reports/Incident Reports 42.25 42.25 0%incl HSTeachStatements 42.25 42.25 0%incl HSTeachTechnical Traffic Collision Reports 565.00 565.00 0%incl HSTeachReconstructionist Report 1,130.00 1,130.00 0%incl HSTeach28Page 506 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitPAID DUTY RELATED FEESPayable to Minister of Finance (Provincial in Nature) Administrative Fee (note 1) 68.50 68.50 0%incl HSTHourly Vehicle Usage Fee (note 1) 28.25 28.25 0%incl HST2014 Hourly Officer Rate - PDO (note 1) 73.60 73.60 0%incl HST2014 Hourly Supervisor Rate - PDS (note 1) 83.17 83.17 0%incl HSTOwner dumping debris on own lands Owner dumping debris on own lands Owner dumping debris on own lands Exempt per infractionOwner failing to tag garbage Owner failing to tag garbage Owner failing to tag garbage Exempt per infractionParking - double parking Parking - double parking Parking - double parking Exempt per infractionParking - for longer period than provided Parking - for longer period than provided Parking - for longer period than provided Exempt per infractionParking - in loading zone Parking - in loading zone Parking - in loading zone Exempt per infractionParking - near fire hydrant Parking - near fire hydrant Parking - near fire hydrant Exempt per infractionParking - no parking (2am-7am) Parking - no parking (2am-7am) Parking - no parking (2am-7am) Exempt per infractionParking - Obstructing Traffic Parking - Obstructing Traffic Parking - Obstructing Traffic Exempt per infractionParking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Exempt per infractionParking - Parking/standing in fire route Parking - Parking/standing in fire route Parking - Parking/standing in fire route Exempt per infractionParking - prohibited area Parking - prohibited area Parking - prohibited area Exempt per infractionParking - too close to corner Parking - too close to corner Parking - too close to corner Exempt per infractionParking - too close to curb Parking - too close to curb Parking - too close to curb Exempt per infractionParking - Wrong side of road Parking - Wrong side of road Parking - Wrong side of road Exempt per infractionPerson assisting dumping debris on private lands Person assisting dumping debris on private lands Person assisting dumping debris on private lands Exempt per infractionPerson dumping debris on private/public lands Person dumping debris on private/public lands Person dumping debris on private/public lands Exempt per infractionPerson fail to immediate remove debris Person fail to immediate remove debris Person fail to immediate remove debris Exempt per infraction29Page 507 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitOwner - fail to tag garbageexemptSchedule V Part VI (ETA)- ExemptFail to enclose swimming pool during construction 350.00 350.00 0%noneper infractionFail to properly enclose swimming pool with temporary enclosure 350.00 350.00 0%noneper infractionPermit construction of swimming pool not completely enclosed with swimming pool enclosure 350.00 350.00 0% none per infractionFail to equip hydro massage pool with secure cover 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-closing device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-latching device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with operable lock 350.00 350.00 0%noneper infractionFail to maintain swimming pool fence to a safe condition and good repair 350.00 350.00 0%noneper infractionConstruct or permit swimming pool enclosure not in compliance with height requirement 350.00 350.00 0% none per infractionDid erect or alter a sign in the Town of Tillsonburg before obtaining a permit from the Chief Building Official 200.00 200.00 0% none per infractionDid erect or permit community bulletin sign on town property, without town approval 200.00 200.00 0% none per infractionDid erect a temporary community sign, without town approval 200.00 200.00 0%noneper infractionDid erect a mobile sign – closer than 30.0 meters or (98.44 ft) from any other mobile sign 100.00 100.00 0% none per infractionDid erect or display a mobile sign that is not located on the same property as the business which it is advertising. 100.00 100.00 0% none per infractionDid erect a prohibited sign on land owned by the Town 200.00 200.00 0%noneper infractionDid erect a sidewalk sign on a public street and did not position as to provide a minimum of 1.5 meters of unobstructed sidewalk space 100.00 100.00 0% none per infractionDid erect a sign located on a premise which does not specifically identify or advertise a business, service, or occupant of the premises where it is located 100.00 100.00 0% none per infractionDid erect a vehicle/trailer sign on a non-motorized vehicle, where the purpose of the sign meets the definition of a sign under the By-law 100.00 100.00 0% none per infractionOperate a vehicle for hire without a licence. 250.00 250.00 0%noneper infractionOperate vehicle not licenced as a vehicle for hire. 250.00 250.00 0%noneper infractionFailure to display taxicab plate. 250.00 250.00 0%noneper infractionFailure to submit vehicle for inspection. 250.00 250.00 0%noneper infractionFailure to produce licence upon demand. 250.00 250.00 0%noneper infractionPermit smoking in taxicab. 250.00 250.00 0%noneper infractionFailure to display tariff card. 250.00 250.00 0%noneper infractionCharge fare not prescribed in fare schedule. 250.00 250.00 0%noneper infractionFail to accept service animal into taxicab. 400.00 400.00 0%noneper infractionSmoke on town walkway 105.00 105.00 0%noneper infractionSmoke within 9 m of anytown facility entrance or exit 105.00 105.00 0%noneper infractionSmoke within 9 metres of Library Lane entrance 105.00 105.00 0%noneper infractionSmoke within 9 metres of Town Centre Mall 105.00 105.00 0%noneper infraction30Page 508 of 688 Page 1 of 3 Subject: County Water and Wastewater Billing Agreement Report Number: FIN 20-43 Author: Sheena Pawliwec, Interim Director of Finance/Treasurer (co-author Ian McKenzie, General Manager, Hydro Operations) Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report FIN 20-43 2021 County Water and Wastewater Billing Agreement; AND THAT Council authorize the signing of the Master Service Agreement between the Town of Tillsonburg and the County of Oxford; AND THAT a By-Law to authorize a new agreement between the Town of Tillsonburg and the County of Oxford for water and wastewater billing, and to repeal By-Law 3976, be brought forward for Council’s consideration. BACKGROUND The Town has been the billing agent for Oxford County water / sewer charges within the Town of Tillsonburg for many years. The last executed contract was dated January 1, 2016 and ran for a period of three years (2016 to 2018) with two further extensions (2019 and 2020). During the extensions staff from both organizations has been in discussion on mutually beneficial contractual terms for future activity. A five year contract term (Jan. 1, 2021 to Dec. 31, 2025) with automatically renewed successive one year periods, unless terminated per the terms of the Agreement, has been brought forward for Council consideration. DISCUSSION Over the most recent contract term there have been changes in data requirements. Both the service delivery terms (i.e. Statement or Work or SOW) and pricing have been reviewed and amended as necessary by both organizations. A new SOW has been negotiated by staff and any related changes to costs and fees have been incorporated into the pricing model. Material changes to the SOW / Master Service Agreement (MSA) include:  Meter reading is a County responsibility (historically a Town responsibility) Page 509 of 688 FIN 20-43 Page 2 of 3  Streamlined accounts receivable processing  Streamlined reporting (consumption and account balance)  Updated remittance process to County  Increased read-only access to Water / Sewer accounts for County staff  New Master Service Agreement (between County & Town), considering: o Indemnification o Limits on liability o Agreement Terms o Annual inflation adjustment o Dispute resolution CONSULTATION The General Manager of Hydro Operations, Interim Director of Finance, and Town Clerk in consultation with our CAO, have worked diligently in the review and revisions of the service Agreement and subsequent negotiations with the County of Oxford. FINANCIAL IMPACT/FUNDING SOURCE The calculated price per bill of $3.51 per month (2016 - $3.66) to be charged to the County to deliver the Water & Sewer billing functions as outlined in the updated SOW reflects a net aggregate revenue decrease of $39,867. This variance is due to the removal of a previously chargeable item relating to meter read costs. These updated figures have been incorporated into the proposed 2021 Town Budget. The Agreements include annual inflationary increases to fees for service based on annual consumer price index increases on each anniversary of the effective date of the Agreement. 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 – County Water and Wastewater Billing MSA Appendix B – County Water and Wastewater Billing SOW Page 510 of 688 FIN 20-43 Page 3 of 3 Report Approval Details Document Title: FIN 20-43 County Water and Wastewater Billing Agreement.docx Attachments: - FIN 20-43 Appendix A - Water and Wastewater Billing MSA.docx - FIN 20-43 Appendix B - Water and Wastewater Billing SOW.docx Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 4, 2020 - 10:35 AM Michelle Smibert - Dec 4, 2020 - 10:39 AM Page 511 of 688 MASTER SERVICES AGREEMENT This Master Services Agreement (the “Agreement”) is entered into as of the 1st day of January, 2021 (the “Effective Date”) between THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Town”), a corporation organized and existing under the laws of Ontario, and COUNTY OF OXFORD (the “County”), a corporation organized and existing under the laws of Ontario. In consideration of the mutual covenants and agreements contained herein, the Town and the County agree as follow: 1. DEFINITIONS Unless otherwise defined herein, capitalized terms used in this Agreement are defined in Section 16.1. 2. SERVICES 2.1 The Town will provide to County the services described in each Statement of W ork (collectively, the “Services”) pursuant to the terms and conditions of this Agreement. The scope of the Services may be amended or modified by written agreement of the parties. 2.2 If applicable, the parties acknowledge and agree that the minimum operational requirements (the “Minimum Requirements”) described in each Statement of Work are necessary for the delivery and receipt of the Services. The County agrees that it is responsible for the Minimum Requirements during the Term. 2.3 If applicable, upon payment of the Fees, the County shall have access to the Services for the number of users described in the Hosting Statement of Work. The County shall not (a) allow additional users to access the Services, and (b) share the Service with anyone outside the County. In the event of the County’s breach of this Section 2.3, Town reserves the right to cancel this Agreement pursuant to Section 10.2. 2.4 The use of the Services by the County is limited to normal user activity having regard to the ordinary and usual needs and requirements of the County's respective business and affairs and the "day-to-day" conduct and operation thereof. 2.5 The parties acknowledge that any computer systems of the County which are not being maintained by Town pursuant to this Agreement shall not be supported by Town. 2.6 Town will provide such resources and utilize such employees or consultants as it deems necessary to perform the Services. The manner and means used by Town to perform the Services are in the sole discretion and control of Town. In delivering the Services, Town hereby represents and warrants to the County that: a) it has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable Town to deliver the Services, including but not limited to any software or other intellectual property licences; b) there are no existing restrictions or constraints on Town's right and ability to deliver the Services in accordance with this Agreement; and c) it has not infringed the rights of any other Persons with respect to the delivery of the Service, and has not received notice of an impending dispute regarding such an infringement. Page 512 of 688 Page 2 of 11 3. FEES AND OTHER CHARGES 3.1 For the Services provided by Town, the County will pay Town the fees set forth in the particular Statement of Work in lawful money of Canada (the “Fees”). 3.2 The Fees payable to Town pursuant to this agreement are exclusive of HST, any sales, use or other taxes or governmental charges. The County is responsible for payment of all such taxes or charges, except for any ta xes based solely on Town’s income. 3.3 The County acknowledges that additional professional services may be required as a result of material changes to Solution Scope, which services shall be provided upon receipt of written confirmation from the County and at County’s sole expense in accordance with Town then current fees. For additional services not described in a Statement of Work that are requested in writing by County (“Additional Services”), Town will provide an estimate to County of fees for the Additional Services and County must approve the estimate prior to commencement of Additional Services. 3.4 Other fees not under the control of Town such as third party maintenance or services fees (“Third Party Fees”) will be pass-through costs and any increases in Third Party Fees will be passed through to the County, subject to the County’s prior written approval of such increased costs, acting reasonably. 3.5 On every anniversary of the Effective Date during the Term (each a “Change Date”), the Fees shall escalate by the average of the annual CPI percentage changes in the twelve (12) consecutive months immediately preceding the Change Date (the “Percentage Change”). In the event that the Percentage Change is positive on a Change Date, then the Fees shall be multiplied by the Percentage Change, and the resulting increase shall be added to the Fees and such sum shall be the Fees effective as of that Change Date. The County agrees that said escalated Fees shall thereafter be payable in accordance with Section 4, until the next Change Date. In no event shall the Fees in a given year be less than the Fees for the immediately preceding year. In the event that the CPI information necessary to determine the Percentage Change is unavailable as of a Change Date, County shall continue to pay the Fees it had been paying immediately prior to said Change Date until such information is made available; at that time the Fees shall escalate in accordance with this Section and County shall make a retroactive payment to Town equal to the increase. No subsequent adjustments or re-computations, retroactive or otherwise, shall be made to the CPI due to any revision that may later be made to the first published figure of the CPI for any month. 4. INVOICING AND PAYMENT 4.1 Town will invoice the County in accordance with the invoicing terms as set out in applicable Statement of Work. All Invoices will be due and payable on or before fifteen Page 513 of 688 Page 3 of 11 (15) days after delivery (the “Payment Due Date”). Overdue amounts will accrue simple interest at the rate of one (1%) percent per month (12.56% p.a.). 4.2 If the County’s procedures require that an invoice be submitted against a purchase order before payment can be made, the County will be responsible for issuing such purchase order at least thirty (30) days before the payment due date. 5. INTELLECTUAL PROPERTY RIGHTS 5.1 If applicable, the County will provide Town with access to the Licensed Technology for the sole purpose of allowing Town to perform the Services. The County hereby grants Town a royalty-free, non-exclusive, license to use the Licensed Technology (if any), and all County IP Rights covering such Licensed Technology, solely in order for Town to perform the Services and solely during the term of this Agreement. To the best of its knowledge, County represents that it has obtained all necessary permissions, licenses, consents and has the authority and right to provide such Licensed Technology (if applicable) to Town. 5.2 Except as otherwise set out herein, neither this Agreement, nor the provision of Services hereunder, will give either Town or the County any ownership interest in or rights to the existing IP Rights of the other party. All IP Rights that are owned or controll ed by a party at the commencement of this Agreement will remain under the ownership or control of such party throughout the term of this Agreement and thereafter. 5.3 To perfect ownership of Town’s IP Rights, the County assigns to Town all rights that the County may have in the Innovations, and will assist and cooperate with Town in all reasonable respects, subject to reasonable availability, (a) in actions to acquire, transfer or maintain such IP Rights of Town, including executing the customary documents associated therewith, and (b) in actions of enforcement of such Town IP Rights, subject to payment by Town of all costs reasonably incurred by the County that are associated therewith. 5.4 Town acknowledges that the data contained in the database files is the sole property of the County and that the County is free to download the database files at any time for the County’s own use. Town reserves the right to download the database files for maintenance and backup purposes. 6. LIMITED WARRANTIES AND EXCEPTIONS 6.1 Town warrants that the Services provided hereunder shall at all times be performed in accordance with this Agreement and the applicable Statements of Work, in a professional manner, in accordance with customary industry practices, and with the degree of skill and care expected of persons who perform similar services at the time the Services are performed. 6.2 THE WARRANTY IN SECTION 6.1 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY/ MERCHANTABLE QUALITY, REASONABLE SKILL AND CARE, FITNESS FOR USE OR A PARTICULAR PURPOSE, CONTINUAL OR UNINTERRUPTED SERVICE OR Page 514 of 688 Page 4 of 11 NON-INFRINGEMENT, EACH OF WHICH IS EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. 7. INDEMNIFICATION 7.1 Subject to the provisions of Sections 7.2, 8.1, 8.2, and 8.3, Town will indemnify, defend and hold the County and their respective officers, directors, employees, and agents, representatives, successors or assigns (the “County Indemnitees”) harmless from and against any and all claims, liabilities, losses, damages, judgments, liabilities, costs, and expenses including legal fees and disbursements (“Losses”), and any legal fees and expenses relating to its defence, resulting from (i) Town and/or its contractors’ negligent acts or omissions or willful misconduct under this Agreement and/or (ii) any suit or action brought against the County Indemnitees alleging infringement of any third party copyright or trade secret by Town or its contractors resulting from the delivery of the Services to the County. 7.2 If any claim or action is commenced against County Indemnitiees for Losses resulting from such claim or action (a “Claim”), the County will give written notice to Town within twenty (20) days of notice of such Claim. If Town is obligated under this Agreement to indemnity Losses arising from such Claim, then Town may, in is discretion, take control of the defence and investigation of the Claim, using such counsel and other assistance as it selects in its discretion. The County Indemnitiees agree to cooperate in all commercially reasonable respects in such investigation and defence, including trial and any appeals, provided that the County Indemnitiees may also participate, at its own expense, in such defence. No settlement of a Claim that involves a remedy other than payment of money by Town will be agreed to and entered without prior written the consent of the County, which consent will not be unreasonably withheld. 7.3 THE FOREGOING STATES THE CLIENT INDEMNITIIES’ SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO CLAIMS OF INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS OF ANY KIND. 8. LIMITATIONS ON LIABILITY 8.1 IN NO EVENT WILL A PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2 Town shall not be liable for protection or privacy of information transferred through the County’ Indemnitiees’ network provider or for any damages resulting from or related to any failure or delay of Town to provide service under this Agreement, unless caused by Town’s gross negligence or willful misconduct. 8.3 THE AGGREGATE CUMULATIVE LIABILITY OF EACH PARTY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE COUNTY TO TOWN HEREUNDER. Page 515 of 688 Page 5 of 11 8.4 No action, regardless of form, arising from this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. 9. CONFIDENTIALITY AND NON-SOLICITATION 9.1 Except as otherwise expressly provided in this Agreement, each party (the “Receiving Party”) agrees that all Confidential Information provided to it by the other party (the “Disclosing Party”) by any method and in any format whatsoever, whether before or after the Effective Date (collectively, “Confidential Information”), shall be deemed to be confidential and proprietary to the Disclosing Party. The Receiving Par ty may use such Confidential Information only in connection with and for the purposes of exercising its rights and carrying out its obligations under this Agreement. Each party agrees to use the same means as it uses to protect its own confidential inform ation, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality of the other party’s Confidential Information. 9.2 In the event that the Receiving Party or any person to whom it discloses the Confidential Information pursuant to the terms of this Agreement becomes legally compelled to disclose any of the Confidential Information, the Receiving Party shall provide the Disclosing Party with prompt written notice so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of this Agreement. In the event that such protective order or other remedy is not obtained, or the Disclosing Party waives in writing compliance with the confidentiality provisions of this Agreement, the Receiving Party or the person legally compelled to disclose the Confidential Information shall furnish only that portion of the Confidential Information that is legally required and the Receiving Party shall use its best efforts to obtain reliable written assurances from the recipients of the Confidential Information that confidential treatment will be accorded such Confidential Information. 9.3 The Receiving Party shall not disclose the Confidential Information of the Disclosing Party without their prior written consent, provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s directors, officers, employees, agents, advisors, consultants and representatives (collectively, “Representatives”), but only to the extent that such Representatives need to have access to such Confidential Information for purposes associated with the performance of this Agreement. Each Receiving Party shall advise each such Representative of the confidentiality obligations set forth in this Agreement. Compliance by each Representative with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining the Representative. Notwithstanding the foregoing, Town may disclose to certain entities, including without limitation the Ontario Energy Board and the Independent Electricity System Operator, such portions of the County’s Confidential Information that Town must disclose in order to perform its obligations under this Agreement. 9.4 Town shall comply with all applicable federal, provincial and municipal legislation and policies in relation to privacy, including without limitation as and when applicable to Town, the Personal Information Protection and Electronic Documents Act (Canada), Municipal Freedom of Information and Protection of Privacy Act and Freedom of Information and Protection of Privacy Act. Each party shall immediately inform the other Page 516 of 688 Page 6 of 11 party of any actual or suspected Privacy and Security Event (as defined below). In the event of any such Privacy and Security Event, each party shall provide all necessary co - operation and assistance requested by the other party in relation to the parties’ respective obligations under applicable law including without restriction with respect to notification of customers regarding any such Privacy and Security Event. Each party shall develop, maintain and follow processes and procedures to detect, address and remedy Privacy and Security Events. Upon becoming aware of any Privacy and Security Event, the parties shall each take prompt and appropriate steps to remedy and minimize t he effects of such Privacy and Security Event. For the purposes of this Section 9.4, “Privacy and Security Event” means a theft, loss or unauthorized access, collection, use, disclosure, alteration, copying, distribution, disposal or other compromise of Confidential Information. 9.5 Upon termination of this Agreement, Town shall immediately return to the County all of its Confidential Information upon written request. 9.6 During the term of this Agreement and for a period of one (1) year thereafter the County shall not, without the prior written consent of Town, hire (i) any employee of Town, or (ii) any person who was an employee of Town during the previous six (6) months, who was directly involved with the implementation and maintenance of the Services. Page 517 of 688 Page 7 of 11 10. TERM AND TERMINATION 10.1 This Agreement shall commence on the Effective Date and shall remain in full force and effect for a period of Five (5) years (the “Initial Term”), subject to earlier termination as provided for in this Agreement. This Agreement will automatically be renewed for successive one (1) year periods unless either party provides the other party with no less than one hundered and eighty (180) days written notice prior to the end of the initial term or applicable renewal period (each, a “Renewal Period” and collectively with the Initial Term, the “Term”). 10.2 Subject to Section 10.3 below, this Agreement may be terminated by either party: (a) for any reason, upon one hundred and eighty (180) calendar days’ prior written notice to the other party, or (b) upon thirty (30) days’ prior written notice if the other party materially breaches or fails to perform any material term hereof and the breaching party fails to cure such breach within the thirty (30) day period, or (c) immediately in the event of bankruptcy or insolvency by the other party. 10.3 Notwithstanding Section 10.2, Town may terminate the Agreement immediately if (i) the County fails to pay an invoice within sixty (60) days of the Payment Due Date, or (ii) the County breaches Section 2.3. 10.4 Upon termination by the County pursuant to Section 10.2(a) or upon termination pursuant to Sections 10.2(b) and 10.3 as a result of the County’s breach of this Agreement, the County shall pay the Provider fifty (50%) percent of the Remaining Contract Amount, in immediately available funds, within thirty (30) days of the termination. 10.5 Upon the termination of the Agreement for any reason, the County will be responsible for entering into new arrangements related to the services contemplated herein. Town will use commercially reasonable efforts to assist with transferring the County to a new service provider and the County agrees to pay Town’s then current rates for such work (including, but not limited to, programming and file transfers). 10.6 Each party’s obligations under Sections 4, 5, 6, 7, 8, 9, 10.4, 11, 12, 14 and 16.3 of the Agreement will survive termination or expiration of the Agreement. Within thirty (30) days of termination of this Agreement for any reason, Town will submit to the County an invoice for any fees or expenses accrued and unpaid under this Agreement prior to the date of such termination. 11. INDEPENDENT CONTRACTORS Town will perform the Services as an independent contractor, and nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal- agent or employment relationship between the parties. Neither party will take any action or permit any action to be taken on its behalf that purports to be done in the name of or on behalf of the other party and will have no power or authority to bind the other party to assume or create any obligation or responsibility express or implied on the other party’s behalf or in its name, nor will such party represent to any one that it has such power or authority. 12. GOVERNING LAW This Agreement will be governed by the procedural and substantive laws of the Province of Ontario, without regard to conflicts of laws principles. This Agreement is prepared and Page 518 of 688 Page 8 of 11 executed and will be interpreted in the English language only, and no translation of the Agreement into another language will have any effect. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from and will not apply to this Agreement. 13. LANGUAGE It is hereby agreed that both parties specifically require that this Agreement and any notices, consents, authorizations, communications and appro vals be drawn up in the English language. Il est convenu par le authori acte que les deux parties exigent que ce contrat et tout avis, consentement, authorisation, communication et approbation soient rédigés en langue anglaise. 14. DISPUTE RESOLUTION 14.1 The parties will attempt in good faith to resolve any dispute arising in connection with this Agreement informally according to the following procedure. Upon written request of a party identifying a dispute to be resolved, each party will designate a mana gement representative with the responsibility and authority to resolve the dispute. The designated management representatives will meet preliminarily within fifteen (15) days after the request is received from the requesting party. At this first meeting, the designated management 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. 14.2 Nothing in this Section 14 will restrict the right of either party to apply to a court of competent jurisdiction for injunctive relief or damages at any time. However, the right of either party to file a lawsuit does not abrogate each party’s obligations under Subsection 14.1. Moreover, a party that elects to file a lawsuit will provide the written notice identified in Subsection 14.1 to the other party at the same time the lawsuit is filed with a court. 15. FORCE MAJEURE Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its obligations under this Agreement (other than an obligation to pay money) if such delay or non -performance is due to any cause beyond its control including but not limited to any act of Go d, flood, drought, lightning or fire, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, military operations or riot (“Force Majeure Event”). If either of the parties shall become aware of a Force Majeure Event which gives rise to or which is likely to give rise to any such failure or delay to perform its obligations under this Agreement, it shall immediately give written notice to the other party and shall inform the other party of the period of time which it is estimated that such failure or delay shall continue. The parties shall, as soon as reasonably practicable following such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to Page 519 of 688 Page 9 of 11 agree to a plan to remedy or overcome any problems arising from the Force Majeure Event. 16. MISCELLANEOUS 16.1 Capitalized Terms. The following definitions apply to the capitalized terms used in this Agreement that are not otherwise defined: a) “Confidential Information” means any information written or otherwise disclosed in any medium by one party to the other under this Agreement and marked or otherwise designated as “Confidential” or clearly by its nature is likely to be confidential. However, Confidential Information will not include any information of a party that: (a) is or becomes a part of the public domain through no act or omission of either party or otherwise available to the public other than by breach of this Agreement; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is ind ependently developed by the other party without access to the Confidential Information. b) “CPI” means the consumer price index for “All Items” published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. c) “Effective Date” means the date set out at the beginning of the Agreement. d) “Town Technology”, means Town’s proprietary information, methodologies and materials, software tools, computer programs and interfaces and their documentation, computer languages, methods, design flows, libraries, algorithms, databases and templates. e) “Innovations” means any invention, development or innovation conceived or developed in the course of performance of the Services, including, but not limited to, information, methodologies and materials, tools (including software tools), computer programs and interfaces and their documentation, computer languages, methods, design flows, libraries, algorithms, databases, encoding techniques, articles, writings, compositions, works of authorship and modifications thereof. f) “IP Rights” means all intellectual property rights, including patents, copyrights, trademarks (including service marks), trade secrets, and design rights, whether registered or unregistered, including any application for registration of any of the foregoing and all Page 520 of 688 Page 10 of 11 rights or forms of protection of a similar nature of having equivalent or similar effect to any of these, that may subsist anywhere in the world. g) “Licensed Technology” means the materials and technology (if any) owned, controlled or otherwise provided by the County (including Third Party Technology) that Town reasonably requires access to in order to perform the Services. h) “Statement of Work” shall mean a description of work and services to be performed pursuant to this Agreement, which is agreed to in writing by and between Town and County, and attached as an exhibit to this Agreement. i) “Third Party Technology” means such third party information, materials and technology, and the IP Rights therein, as are routinely used by the County, as of right, and as Town reasonably requires access to in order to perform the Services. 16.2 Notices. Notices to be given or submitted by either party to other pursuant to this Agreement will be in writing and directed: in the case of the County, to: County of Oxford Attention: Director of Corporate Services 21 Reeve Street, Woodstock, ON N4S 3G1 in the case of the Town, to: The Corporation of the Town of Tillsonburg Attention: 200 Broadway Tillsonburg, ON N4G 5A7 16.3 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable for any reason, it will be adjusted rather than voided, if possible, to achieve the intent of the parties to extent possible. In any event, all other terms and provisions will be deemed valid and enforceable to the maximum extent possible. 16.4 Entire Agreement. The County acknowledges that it has read, understands and will be bound by this Agreement, and that this Agreement is the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof, superseding all proposals, oral or written, and all other communications between the parties relating to such subject matter. 16.5 Amendment. Any terms and conditions of any purchase order or other instrument issued by the County in connection with the Agreement that are in addition to or inconsistent with the terms and conditions of this Agreement will be of no force or effect. Page 521 of 688 Page 11 of 11 This Agreement may be modified only by a written instrument duly executed by an authorized representative of each of Town and the County. 16.6 No Waiver. The failure of a party to enforce any provision of this Agreement will not constitute a waiver of such provision or the right of such party to enforce such provision or any other provision. 16.7 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. 16.8 Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Any Party executing this Agreement by fax or Adobe Acrobat file shall, immediately following a request by any ot her Party, provide an originally executed counterpart of this Agreement provided, however, that any failure to so provide shall not constitute a breach of this Agreement except to the extent that such electronic execution is not otherwise permitted under the Electronic Commerce Act, 2000 (Ontario). In Witness Whereof, the parties hereto have executed this Agreement as of the Effective Date. COUNTY OF OXFORD: Signature: _______________________ Date: December , 2020 Name: Michael Duben Title: Chief Adminstrative Officer Signature: _______________________ Date: December , 2020 Name: Lynn S. Buchner Title: Director of Corporate Services THE CORPORATION OF THE TOWN OF TILLSONBURG: Signature: _______________________ Date: December , 2020 Name: Title: Signature: _______________________ Date: December , 2020 Name: Title: Page 522 of 688 Confidential 1 STATEMENT OF WORK WATER & WASTEWATER BILLING AND RELATED SERVICES County of Oxford Table of Contents Table of Contents .................................................................................................................................. 1 1. Introduction ..................................................................................................................................... 2 Related Documents ............................................................................................................................... 2 3. Service Description ......................................................................................................................... 2 3.1. Areas within Scope .................................................................................................................. 2 3.2. Areas out of Scope .................................................................................................................. 3 4. Assumptions and Constraints .......................................................................................................... 4 4.1. Assumptions ............................................................................................................................ 4 5. Achievement of Service Levels ........................................................................................................ 4 6. Fees & Payment Schedule .............................................................................................................. 5 6.1. Fees ........................................................................................................................................ 5 6.2. Payment Schedule .................................................................................................................. 5 7. Term & Termination of SOW ........................................................................................................... 5 8. SOW Acceptance ............................................................................................................................ 5 Page 523 of 688 Confidential 2 1. Introduction This Statement of Work (“SOW”) is issued in respect to the ongoing Water & Wastewater Billing, Call Center & Collections Services being provided by Town of Tillsonburg (“Town”) for the Oxford County (“County”). 2. Related Documents This Statement of Work is entered into pursuant to a Master Agreement made between the County of Oxford (“County”) and Town of Tillsonburg (“Town”) dated January 1, 2021 In the event of any inconsistency between the terms and conditions of the Master Agreement and the terms and conditions of this SOW, the terms and conditions of the Master Agreement will prevail except in relation to a provision in the SOW that specifically identifies a conflicting provision of the Master Agreement and states that the conflicting provision of the Master Agreement does not prevail. 3. Service Description 3.1. Areas within Scope The services to be provided by Town include: 1. Hosting, Licensing, Support & Disaster Recovery of the following Systems: a. Customer Information System b. Web Presentment Solution c. Document Management Solution d. Water Access web tool 2. Billing of Metered and Flat Rate Water and Wastewater on a monthly basis as per County approved rates 3. Collection for active and finalized accounts in accordance with the County’s “Receivable Management” policy as reviewed and understood by Town. Current process includes the following: a. IVR call 4 days after due date b. IVR call and Reminder Notice 9 days after due date c. Personal phone call 16 calendar days after due date. If no phone number available, notice delivered by County to premise d. Issuance of notice to County for disconnection 4. Prepare and issue all relevant service orders to the County or its designate for processing 5. Maintenance of water meter information in the CIS system 6. Implementation and testing of rates 7. Call center services for billing, inclusive of being the initial point of contact for: a. final readings and issuing service orders as required b. dirty water and issuing service orders as required Page 524 of 688 Confidential 3 c. rate inquiries and escalating to the County if required d. high consumption concerns and issuing service orders as required e. processing of payment deferrals as per County and Town approved procedures f. leaking water meters and notifying the County or its designate as required g. Any miscellaneous water calls and escalating where required 8. Providing monthly statistic reports to the County by the 15th of the following month 9. Providing access to water website which will provide: consumption data, high usage complaints, billing & payment history 10. Providing quarterly statistics of water consumption for wastewater use to the County By-Law Enforcement Officer 11. Providing water statistics to support reporting requirements under Ontario Regulation 450/07, Ontario Water Resources Act. Such report to be issued before February 28th of each calendar year 12. Inserting of one notice per year (as per Town specifications and supplied by the County). Additional inserts can be included at an added cost as quoted. 13. Warehousing of Water Meters and the associated radio read equipment for the Tillsonburg area. Fees shall be collected by Town and submitted to the County with the monthly remittances. 14. Provide electronic file for meter reading at least 2 business days in advance of the schedule meter reading schedule in a format specified for meter reader. The County and Town will work to establish a mutually agreeable reading schedule. 15. The customer bill must include consumption and billing rate by tier. In the event that this produces a multi-page bill, incremental fees shall apply in accordance with the rate schedule. 16. Providing monthly accounts receivable aging report by account. Town will make best efforts to include date of last payment and indicator of a payment arrangement on record. 17. Project Management, inclusive of: a. Regular conference calls with the County b. Quarterly meetings to review service quality If any of the above cannot be met, the Town shall communicate to waterbilling@oxfordcounty.ca immediately. 3.2. Areas out of Scope  Field Service Work, including but not limited to Water Meter Maintenance, Meter Reading, Collections Notice Delivery or further customer onsite visits The following elements are considered outside of Scope for this agreement, however would be available as an additional service if requested.  Creation of added interfaces  Creation of or modification of reports not previously identified  Inclusion of added inserts  Special customer communications Page 525 of 688 Confidential 4 4. Assumptions and Constraints 4.1. Assumptions The Services and fees for this engagement are based upon the following assumptions: 1. Any items not explicitly identified within the SOW are considered out of scope. Any changes to those responsibilities and/or deliverables will be considered a change in scope for the engagement. Any proposed change to the engagement scope must be in written format and with signed approval. 2. This engagement will continue to have, the support of senior County staff and will be assigned sufficient priority to ensure its ongoing success. 3. County lead for single point of contact will be waterbilling@oxfordcounty.ca. 4. Town hours of operation are 8:00am – 5:00pm, Monday to Friday, excluding Statutory Holidays 5. 5 users will be provided access to Town’s web tool 5. Achievement of Service Levels If the Town fails to meet any Service Level and upon request by the County, the Town shall promptly perform a root-cause analysis to identify the cause of such failure, at no additional cost to the County. The Town shall be relieved of service level expectations to the extent of any delay or other failure to stratify such service levels resulting from (i) a force majeure condition as defined in the Agreement, (ii) circumstances and causes that are beyond Town’s reasonable control such as software bugs and (iii) they County’s failure to satisfy its obligations under this SOW after having received written notice and a reasonable opportunity to correct the failure. If the service expectations are not being met, or if either party has issues related to the Agreement or service delivery in general, the following escalation procedures will apply: Stage County Participant Town Participant 1 Amy Vesprini 2 Carolyn King 3 Lynn Buchner Ian McKenzie Page 526 of 688 Confidential 5 6. Fees & Payment Schedule 6.1. Fees The fees for services outlined in this SOW shall be as follows: Fees per Bill: Service Area Customers/Bill Tillsonburg $3.51 The County will not be charged for billing adjustments or extra billings for reasons within the Town’s control. A billing discount of $0.20 per e-bill will apply for all County customers who only receive an electronic bill. In addition, a discount of $0.05 will apply for customers who pay using pre-authorized payments or PAP. The following terms apply to the Fees:  All fees and rates are in Canadian dollars.  All applicable taxes are extra. 6.2. Payment Schedule Town shall remit to the County monthly billed revenues by the 15th business day of the following month. Town will provide their Accounts Receivable balance at the end of the month in accordance with section 3.1.16 of this SOW . An invoice will be submitted outlining the services rendered for the period. Payment does not include interest revenues received for overdue water and wastewater billing accounts as interest revenues are intended to recover collection costs for the Town. 7. Term & Termination of SOW This Statement of Work shall follow the provisions as set out in the Master Agreement 8. SOW Acceptance ACCEPTED AND AGREED: ACCEPTED AND AGREED: TOWN OF TILLSONBURG COUNTY OF OXFORD By: _____________________________ By: _____________________________ Name: _____________________________ Name: Michael Duben Title: _____________________________ Title: Chief Administrative Officer Date: _____________________________ Date: November 26, 2020 I have authority to bind the Corporation. I have authority to bind the Corporation. Page 527 of 688 Confidential 6 By: _____________________________ Name: Lynn Buchner Title: Director of Corporate Services Date: November 26, 2020 I have authority to bind the Corporation. Page 528 of 688 Page 1 of 3 Subject: Tillsonburg BIA – 2021 Memorandum of Understanding Report Number: RCP 20-38 Author: Christopher Baird, Director of Recreation, Culture and Parks Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Council receives report RCP 20-38 Tillsonburg BIA 2021 Memorandum of Understanding, as information; AND THAT Council approve the proposed 2021 BIA Memorandum of Understanding (MOU) as outlined within this report; AND THAT an amount of $50,645.00 be included in the 2021 Recreation, Culture and Parks Operating Budget to provide the necessary funding as outlined in the MOU for 2021; AND THAT the Mayor and Clerk be authorized to sign the Agreement on behalf of the Corporation. BACKGROUND The purpose of this report is to present Council with the proposed Tillsonburg BIA 2021 Memorandum of Understanding (MOU), which outlines each party’s roles and responsibilities for the upcoming year. DISCUSSION Staff have had the opportunity to work with the Tillsonburg BIA over the past few months to help in finalizing the attached draft agreement that will become in force for January 1st to December 31st, 2021. For 2021, the Town will collect $139,450.00 on behalf of the BIA through their annual levy assessed to all defined members. These are transferred quarterly to the BIA. During discussions with the Tillsonburg BIA, they made a request that these quarterly levy installments (January 2, April 1, July 2 and October 1, 2021) be amended to monthly levy payments. While there was relevant benefit from their perspective, Finance staff have stated that maintaining quarterly installments assists with the cash flow requirements of the Town as well as administration efficiencies. Page 529 of 688 RCP 20-38 Page 2 of 3 Previously, additional Part-Time summer students were hired to fulfil a number of duties within the Business Improvement Area (BIA). For 2021, there is a proposed shift. The BIA has opted to look after all maintenance activities as outlined. Although there is a n increase in cost being proposed, RCP staff has reduced one Summer Student for 2021. This will help in minimizing the financial impa ct of the BIA’s request for 2021 should Council be supportive. CONSULTATION This report has been prepared in consultation with staff in the Recrea tion, Culture & Parks Department and CAO. The Clerk facilitated the discussions with the BIA representatives, and the Director of Finance reviewed the financial arrangements proposed by the BIA. FINANCIAL IMPACT/FUNDING SOURCE The proposed request of $50,645.00 has been included in the draft 2021 RCP Operating Budget. 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 – 2021 Proposed Tillsonburg BIA Memorandum of Understanding Page 530 of 688 RCP 20-38 Page 3 of 3 Report Approval Details Document Title: RCP 20-38 Tillsonburg BIA 2021 Memorandum of Understanding.docx Attachments: - 2021 MOU Town of Tillsonburg and BIA.docx Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - Dec 4, 2020 - 11:20 AM Michelle Smibert - Dec 4, 2020 - 11:39 AM Page 531 of 688 Page 1 of 9 2021 MEMORANDUM OF UNDERSTANDING – OCTOBER 2020 v5.0 BETWEEN TILLSONBURG BUSINESS IMPROVEMENT AREA AND THE CORPORATION OF THE TOWN OF TILLSONBURG 1.0 STATEMENT OF INTENT: The Town of Tillsonburg (Town); representing the community at large, and the Downtown Business Improvement Area (BIA); representing the service, industrial, institutional and commercial community in the Downtown Core enter into this Memorandum of Understanding to establish a working partnership/relationship to further enhance that goal. For other services provided including the installation and removal of Christmas lights; banners; and other goods and services - the BIA will effect a separate agreement with the 3rd party. 2.0 GUIDING PRINCIPLES: The following guiding principles will direct the deliberations of the Town and BIA in achieving that goal. 2.1 Assist business entrepreneurs to establish and thrive in the Core on an ongoing basis. 2.2 Provide through the Town’s Economic Growth Strategy a framework for growth, management and development. 2.3 Initiate improvement projects that will enhance the Community profile of the Core. 2.4 Provide financial incentives and technical resource assistance as requested and/or needed. 2.5 Encourage and support the BIA management board and staff in their endeavours. 2.6 Promote and raise the profile of the Core in surrounding communities as the place to visit and shop. 2.7 Develop plans for continuous improvement of all capital assets and beautifications. 2.8 Coordinate annual operating and capital plans between the parties, where feasible and practical. 2.9 Develop communication protocols and procedures to enhance the effectiveness of BIA operations in the Downtown Core. 2.10 Provide for the annual review of by-laws to ensure consistency between Town and BIA strategic objectives. 2.11 BIA and Town to review and agree upon capital projects prior to the Town’s budget approval by Town Council. Page 532 of 688 Page 2 of 9 3.0 MANDATES: BIA: The BIA as set out in the Municipal Act, has been established to promote (a) the Core as the major business and shopping area of the Town and (b) the improvement, beautification and maintenance of municipally-owned land, buildings, and structures in the area beyond that provided (incremental to) the expense of the municipality. TOWN: The Town of Tillsonburg, as set out in the Official Plan, is obligated to maintain, develop and create a strong, healthy and vibrant Downtown Core consistent with the Corporate strategic plan and best-practices as demonstrated by similar towns & cities in Canada. 4.0 CONDITIONS PRECEDENT: The parties agree to the following conditions: 4.1 Capital projects of a minor nature as set out above will be the responsibility of the BIA to fund under separate levy subject to a business plan being presented to Council that includes the ongoing operating costs associated therewith. A list of project assets to date is provided in Appendix A. 4.2 Operating costs between the parties will be in accordance with the approved schedule attached as Appendix B. 4.3 Any additional charges or costs other than those contained in this agreement must be agreed to by the parties prior to procurement and/or issuance of a purchase order. 4.4 INSURANCE: The Town of Tillsonburg will allow the BIA to insure the BIA vehicle(s) and offices under a rider in the town’s existing insurance policy with Frank Cowan Company. The town will invoice the BIA for that portion of the insurance cost(s) applicable to the BIA. The BIA agrees to pay for the insurance premium amounts for this coverage. 4.5 The approved/budgeted BIA levy is to be paid in equal installments calculated as the approved annual gross levy budget divided by 4. These payments are to be made on: January 2nd, 2021 $34,862.50 April 1st, 2021 $34,862.50 July 2nd, 2021 $34,862.50 October 1st, 2021 $34,862.50 4.6 BIA EXPANSION LEVY: Upon the successful outcome of the public process; both parties agree to review and update the MOU to reflect any revised charges allocated for servicing the proposed expansion area of the BIA. 4.7 Any invoiced charges and/or applied reductions to the quarterly BIA levy payment must be accompanied with proper back-up documentation that may include the scope of work and staff time as per this agreement. Page 533 of 688 Page 3 of 9 4.8 A BIA representative and the Town’s Revenue Manager are to meet at least twice yearly to review the assessment roll for changes and updates. 4.9 The BIA and Town agree to provide “change of use” information between the parties on an as-needed basis with respect to properties contained within the BIA zone (i.e. a Church no longer be used as a “house of worship”). 4.10 The payment for services provided by the BIA under this MOU and paid for by the Town are to be billed in four (4) equal installments as follows (from the attached Appendix B): January 2nd, 2021 $12,661.25 April 1st, 2021 $12,661.25 July 2nd, 2021 $12,661.25 October 1st, 2021 $12,661.25 5.0 AMENDMENTS: Amendments to the agreement will require the mutual consent of the parties but will otherwise be considered at the annual review meeting to take place in September of each year. The BIA Board of Management and Town Council must approve all proposed amendments. 6.0 TERMS OF THE AGREEMENT: 6.1 The agreement will be reviewed annually and will be in effect from the commencement date of January 1st, 2021 to December 31st of 2021. 6.2 The annual review will take place in September of each year and prior to the approval of the Town and BIA budgets for the upcoming fiscal year. Note: There is no base cost adjustment for the cost of living as the current CPI as of October 1st, 2020. The cost for landscape services was increased from 2020 to 2021 to reflect the actual experienced costs from invoices in 2020. Page 534 of 688 Page 4 of 9 TILLSONBURG BUSINESS IMPROVEMENT AREA (BIA) __________________________ __________________ By: Date: THE CORPORATION OF THE TOWN OF TILLSONBURG __________________________ __________________ By: Date: __________________________ __________________ By: Date: Page 535 of 688 Page 5 of 9 APPENDIX A: BIA ASSETS 1.0 STREET FURNITURE: 1.1 Benches – cast iron and wood slat construction - 29 1.2 Glass top tables (36” x 36”) – 40 1.3 Glass top side tables (20” x 20”) – 15 1.4 Black aluminum chairs – 160 1.5 Nylon brown chairs - 60 1.6 Hexagon picnic tables – 3 1.7 Round black slat aluminum tables – 20 1.8 Patio heaters – 12 (additional 12 on order) 1.9 Nylon black chairs - 20 2.0 SMOKING CONTROL: 2.1 Butt stop – stand alone unit – 24 2.2 Butt stop – wall mount – 5 3.0 POTS & PLANTERS: 3.1 Narrow/tall single planter - 40 3.2 Large brown pots – 30 3.3 Medium brown pots - 10 3.4 Square planters - 4 4.0 GARBAGE CONTAINERS: 4.1 Black steel double unit – 11 4.2 Barrel style with red lid – 1 4.3 Bonnet style with black lid - 1 4.4 Rubbermaid – round style with lid – 2 4.5 Rubbermaid – square with lid – 2 4.6 Rubbermaid – square with recycling lid – 1 5.0 SHADE STRUCTURE & SUPPORTS: 5.1 7’ umbrella – 72 5.2 9’ umbrella – 6 5.3 Umbrella bases – large – 60 5.4 Umbrella bases – small – 24 Page 536 of 688 Page 6 of 9 6.0 OFFICE EQUIPMENT: 6.1 IT – laptop computers – 2 6.2 IT – desktop computers – 2 6.3 IT – colour printers – 3 6.4 IT – iPhones – 1 6.5 IT – label maker – 1 6.6 Furniture – tables – 1 6.7 Furniture – office chairs – 2 6.8 Office miscellaneous – 17 7.0 STREETSCAPE IMPROVEMENTS: 7.1 Broadway node reconstruction circa 2004: 7.1.1 Interlocking stone-works 7.1.2 Cast iron tree grates 7.1.3 Trees 7.1.4 Accessible ramps 7.1.5 Tree guards 7.1.6 Power outlets 7.2 Heritage LED light fixtures circa December 2018: 7.2.1 Contribution to capital cost for procurement differential: ($114,000 comprised of 70 fixtures) 8.0 ELECTRONIC BULLETIN BOARDS & DISPLAYS 8.1 EBB at Venison & Broadway 8.2 EBB at Mineral Springs 8.3 LG 47WB 50BRB-B flat panel HD TV (1 each) 9.0 POP-UP PATIO & PATIO HEATERS 9.1 Patio heaters (10) 9.2 Wood panels, cross-beams 9.3 Concrete post bases/blocks 9.4 Rope/cords (2) 10.0 VEHICLES: 10.1 2020 Chevrolet Silverado Custom (leased from GMAC Canada) 10.2 2021 – (To be purchased) – open utility trailer 10.3 2021 – (To be purchased) – closed utility trailer Page 537 of 688 Page 7 of 9 APPENDIX B: COST OF SERVICES – OPERATING & CAPITAL – 2021 FISCAL YEAR TOWN 1.0 COURTESY BENCHES $2,975 Purchase, installation, storage & maintenance of all benches in the BIA zone which includes seasonal installation, (spring); maintenance during spring, summer and early fall; and collection & storage in the winter months. Operational responsibility: 100% BIA with the Town paying $2,975 to the BIA in 2021. 2.0 WASTE & RECYCLE REMOVAL: $9,750 Collect, remove and disposal of waste and recycling in the Downtown Core with the exception of the units located at the Tillsonburg Town Centre Mall campus area. This also includes the collection, removal and disposal of dumped waste items in Downtown alleys, Downtown parking lots & other public spaces including Library Lane. The BIA will be responsible for its own dumpster, labour, scheduling, service levels and disposal of collected items. Operational responsibility: 100% BIA with Town paying $9,750 to the BIA for 2021. 3.0 LANDSCAPING SERVICES $4,620 STREET POTS, PLANTERS, TREES Purchase and install all trees, replace damaged or dead trees/foliage on an annual basis. Includes as-needed pruning and foliage removal. The BIA will assume the cost of the plant materials, Maintenance & care for the large Town pots located at the clock tower, major intersections & other areas in the Downtown BIA zone. Purchase and install all seasonal pots, planters, hang baskets, (includes the cost of all specimens of flowers, greenery, pot accents and signage.) *Note: this does not include the cost of cutting or caring for grassed areas which remains in the purview of the Town. Remove all weeds from grates, curbs, sidewalks, alleys, walkways, public areas, parkettes, traffic signals, nodes, & interlocking stone areas. Operational responsibility: 100% BIA with Town paying $4,620 to the BIA for 2021. Page 538 of 688 Page 8 of 9 4.0 WATERING/IRRIGATION $6,530 Includes watering/irrigation of all pots, plants, baskets, planter units & urns in the BIA defined zone including those owned by either the BIA or Town of Tillsonburg. This service includes the cost of water, fertilizer, hoses, nozzles, pumps & other equipment that is required to undertake this effort. Operational responsibility: 100% BIA with Town paying $6,530 to the BIA for 2021. 5.0 DECORATIVE STREET SIGNS/BLADES $1,500 100% responsibility of the BIA with The Town providing $1,500 per annum for replacement and/or new street signage that meets AODA standards. This service includes the design, approval, procurement, installation, maintenance & repair of all Downtown street blade signs on an annual basis. Note: For 2021; commence transition to proper AODA standards for 10 main Broadway signs with the remaining replacements to be phased-in commensurate with future budgets & business plans. 100% BIA responsibility with the Town paying the BIA $1,500 for 2021. 6.0 SIDEWALK & GUTTER CLEANLINESS & $4,270 MANUAL STREET-SWEEPING The BIA will perform day-to-day sweeping in all downtown areas of the commercial corridor. The Town to provide annual funding of $4,270 representing 50% of the cost of this service for 2021. This service includes all labour costs; cost of removal of garbage, cost of equipment, cost of PPE & supervision of student labour including an operational plan and system for BIA staff to follow. This service also includes the one-time, annual spring clean-up from the winter thaw. Page 539 of 688 Page 9 of 9 7.0 CAPITAL PROJECTS: $15,000 The Town to provide the BIA with 2020 funding of $15,000 towards BIA capital projects for the downtown Core area with an equal or greater contribution by the BIA for 2021. 2021 capital purchases include: a) Utility trailer b) Electric generator c) Shoulder-mount/commercial grade video camera d) Additional waste receptacles units e) Contribution to remaining BIA capital projects as determined by the Board of Management. 8.0 TOURISM: $6,000 The Town to provide the BIA with 2021 funding of $6,000 towards BIA main-street tourism project commensurate with the BIA move to 200 Broadway. The BIA will provide street-level tourism & marketing information 7 days a week from April 1st to December 24th for 2021. Specific hours TBD. TOTAL 2021 MOU FUNDING FROM THE TOWN TO BIA: $50,645 ***END OF DOCUMENT*** Page 540 of 688 Page 1 of 3 Subject: COVID-19 Resilience Infrastructure Grant – Local Government Intake Report Number: RCP 20-41 Author: Christopher Baird, Director of Recreation, Culture & Parks Meeting Type: Council Meeting Meeting Date: Monday, December 14, 2020 RECOMMENDATION THAT Report RCP 20-41 COVID-19 Resilience Infrastructure Grant Local Government Intake be received as information; AND THAT Council endorses the projects identified within the report and directs staff to make application. BACKGROUND The purpose of this report is to inform Council about a new “Investing in Canada Infrastructure Program (ICIP): COVID-19 Resilience Infrastructure Grant Program” which addresses challenges communities face as a result of COVID-19. DISCUSSION The Local Government Intake helps municipalities fund eligible local projects and deliver more or improved infrastructure by increasing the types of eligible projects and accelerating project approvals. A total of $250 million in federal-provincial funding will be dedicated to municipal projects. Each municipality will receive a minimum allocation of $100,000. Some municipalities will receive additional funding determined through indicators such as core infrastructure value, total weighted assessment and median household income. All 444 municipalities in Ontario are eligible to apply for funding. Municipalities can partner with another municipality, a non -profit and/or broader public sector organization (for example, any public sector body, such as post -secondary institutions or child care centres) and submit projects on their behalf, using their municipal allocation. Each project must not exceed $10 million in total eligible c osts. There will be a project cap based on municipal allocation: Page 541 of 688 RCP 20-41 Page 2 of 3  One project submission for those receiving $100,000  Two project submissions for those receiving $100,001 to a maximum of $500,000  Five project submissions for those receiving $500,001 and above To be eligible, projects must comply with a project category and sub-category: Category 1: Retrofits, repairs and upgrades, for municipal, provincial, territorial and Indigenous buildings, health infrastructure and educational infrastructure Category 2: COVID-19 response infrastructure, including measures to support physical distancing Category 3: Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths Category 4: Disaster mitigation and adaptation, including natural infrastructure, flood and fire mitigation, tree planting and related infrastructure Applicants can bundle projects that have the same ultimate recipient, project category and asset type. Bundle projects can include multiple sub -asset types. Each bundle counts towards the municipality’s project cap (for example, a municipality with a project cap of two can submit projects in two categories only). RCP and Operations staff have identified the following two (2) applications under Category 3 of the program and wish to seek endorsement from Town Council. These projects are relatively “shovel-ready” and can be adequately completed within the timeframes. 1. Widening and paving the Trans Canada Trail between Quarter Town Line and Tillson Avenue, including linkage to North Street (estimated value: $250,000); and 2. Hawkins Pedestrian Bridge Repairs and Shoreline Rehabilitation (estimated value $250,000). CONSULTATION This report has been prepared in consultation with staff in the Recreation, Culture & Parks Department, Operations Department and CAO. FINANCIAL IMPACT/FUNDING SOURCE This is a fully funded program. If the Town is approved for the grant, there will be no additional funds required. The project scope will be tailored to match the approved grant amount. Page 542 of 688 RCP 20-41 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 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. Report Approval Details Document Title: RCP 20-41 COVID-19 Resilience Infrastructure Grant– Local Government Intake.docx Attachments: Final Approval Date: Dec 4, 2020 This report and all of its attachments were approved and signed as outlined below: Sheena Pawliwec - Dec 3, 2020 - 7:19 PM Kyle Pratt - Dec 4, 2020 - 11:00 AM Michelle Smibert - Dec 4, 2020 - 11:02 AM Page 543 of 688 The Corporation of the Town of Tillsonburg Physician Recruitment & Retention Committee November 3, 2020 12:00 p.m. Hybrid Model- Electronic Meeting & 200 Broadway, 2nd Floor Council Chambers MINUTES Present: Dr. Howard Lamb, Ashley Edwards, Deputy Mayor Beres, Dr. Matt Johnson, Mayor Molnar, Councillor Esseltine, Sandy Jansen, Mike Bastow, Lesley Ross, Dr. Jamie Cluett Staff: Kyle Pratt, CAO; Laura Pickersgill, Legislative Services Coordinator Absent: Dr. Brian Holowachuk, Dr. Mohamed Abdalla Guest: Cephas Panschow, Development Commissioner 1.Call to Order The meeting was called to order at 12:04 p.m. 2.Introduction of New Member Ashley Edwards was introduced to the Committee. 3.Adoption of Agenda Resolution #1 Moved by: Sandy Jansen Seconded by: Councillor Esseltine THAT the Agenda as prepared for the Physician Recruitment and Retention Committee meeting of November 3, 2020, be adopted. Carried 4.M inutes of the Previous Meeting Resolution #2 Moved by: Sandy Jansen Seconded by: Dr. Jamie Cluett THAT the Minutes of the Physician Recruitment and Retention Committee Meeting of August 4, 2020, be approved. Carried 5.Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6.General Business & Reports Page 544 of 688 6.1 Report on Account Balances 2020- Kyle Pratt Kyle provided an overview of the 2020 account balances. It was noted that there is $59,036.40 remaining in the reserve account and $70,000 placed in the 2020 budget for a total of $129,036.48. Some of these funds were used for expenses and then some funds were returned due to a doctor leaving early and not fulfilling their contract. 6.2 Budget Discussion 2021 (Town and TDM H) Currently, there is another $70,000 allocated in the draft 2021 budget for Council consideration. Sandy noted that TDMH staff are working through the 2021 budget and will continue actively recruiting different levels of physicians. It was noted that TDMH ’s year-end is in March. It was mentioned that the Physician Recruitment Model used in Tillsonburg was commended at the October 14th Oxford County Council meeting when a report was brought up from the Oxford County Physician Recruitment Committee. 6.3 Long-Term Medical Centre The group discussed a local need to have a long-term medical centre to host more family physicians as there is a shortage in Town at this time. It was suggested that a clinic could host specialists rather then the specialists using the small space they are currently using at the hospital. It was also suggested that other types of wellness services could be housed out of this clinic. It was suggested that having newer and updated clinic space could be an attractant to bringing in younger and new doctors to the Town. Cephas noted that there is a general interest in the community for having another long-term medical centre. Cephas noted that this would be a market rate/rented facility as opposed to a subsidized rental facility. 6.4 Year-End Report from Family Health Organizations- Dr. Cluett Dr. Cluett provided an overview of the Family Health Organizations for 2020. It was noted that one doctor is on maternity leave at the north Broadway doctor’s office. Dr. Cluett noted that there are currently 3 internists with active privileges at the hospital and that they are looking to recruit a fourth internist. D r. Cluett noted that there are two general surgeons working out of the hospital and one has announced retirement in July of 2021. D r. Cluett noted that there is a part-time anesthetist who works at the hospital but that they are actively recruiting for a full-time anesthetist as the surgical program is expanding at the hospital. Dr. Johnson noted that his clinic currently has 3 physicians but that there is room Page 545 of 688 for 5. Dr. Lamb noted that his clinic currently has 9 physicians and there are no plans to add any additional physicians. Dr. Lamb noted that one physician has recently left the clinic and the existing group of physicians has been able to take over her patients. 6.5 Needs/Challenges of Family Health Organizations The group agreed that there is a need for more family physicians in this Town. 6.6 Student Recruitment – Deputy Mayor Beres Deputy Mayor Beres provided an overview of the annual recruitment day that was held in the past. Deputy Mayor Beres noted that first year medical students were toured around Tillsonburg and then provided lunch as a way to entice these students to relocate to Tillsonburg to work once they have finished medical school. Sandy noted that this has not been done in Town since her time at the hospital. Sandy did mention that Ingersoll does bring in 4th year medical students for a tour but that it is nothing formal. Sandy also noted a program that was ongoing in the past for first year medical students . These students would come and work at the hospital for two weeks and then were invited to a board event. It was noted that it is important to continue communicating to our local community that we need more physicians. This will be kept as a standing agenda item for further discussion. 7.New Business 8.Roundtable 9. Next Meeting Tuesday, February 2, 2020 at 12:00 p.m. 10. Adjournment Resolution #3 Moved by: Dr. Jamie Cluett Seconded by: Dr. Howard Lamb THAT the November 3, 2020 Physician Recruitment and Retention Committee meeting be adjourned at 12:38 p.m. Carried Page 546 of 688 The Corporation of the Town of Tillsonburg Memorial Park Revitalization Advisory Committee November 18, 2020 Electronic meeting MINUTES Present: Joan Weston, Eugene Todd, Jane Ann McLean, Mel Getty, Rosemary Dean, Chris Rosehart, Scott Vitias Absent with Regrets: Terry Smith, Sharon Howard, Mike Cerna, Ken Patterson, Kim Sage Also Present: Christopher Baird, Margaret Puhr 1. Call to Order The meeting was called to order at 5:30 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Joan Weston Seconded by: Eugene Todd THAT the revised Agenda as prepared for the Memorial Park Revitalization Advisory Committee meeting of November 18, 2020, be adopted. Carried 3. Minutes of the Previous Meeting Resolution #2 Moved by: Joan Weston Seconded by: Eugene Todd THAT the Memorial Park Revitalization Advisory Committee Minutes of October 21, 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 5.1. Master Plan priorities for 2021 – the committee reviewed circulated drawings for improvements to the bridge entrance from Delevan Crescent, as prepared by Ron Koudys Landscape Architects. This project will be included in the 2022 budget along with sport fields and trails upgrades. Wayfinding signage is another Page 547 of 688 item in the budget, as a multi-year program to improve the wayfinding and access to the parks and facilities. The marketing team will develop some designs for the signage and they will be presented to the committee for review, staff then will cost them out for installation. We are still in the running for the 5M ICIP grant, which, if received, will affect some of the work done around the community centre as it spills into the Memorial Park. The Senior Leadership also discussed a possibility of some COVID funds to be made available for improvements on trails and the bridge path. The parks and trails in Tillsonburg have never been used as much as this year, the staff are lookin g at perhaps paving some trails and paths for year-round use if we are successful with another grant application. 5.2. Staff update – the Manager of Parks and Facilities position has finally been posted with some alterations to the job description and the Director hopes to be able to go through the interview process before the end of year and to introduce a new Manager at a future committee meeting. The Director has developed a 10-year capital plan for various RCP related items. This will greatly aid in financial planning and project management for the department. 6. General discussion: there was discussion about some money from the 2021 budget being allotted for beautification of the Memorial Park to make it welcoming for all users as the park is getting many visitors this year; there will be finishing work around the newly installed parking lot happening in 2 021, including a pathway between the parking lot, outdoor pad and the ball diamonds; dog park will be getting water connection as well as two concrete pads, one in each section, on which small pavilions will be set - the pavilions will be donated to the park; Lake Lisgar bridge supports are in poor shape and need to be fixed before they fail. The Director expressed thanks to the committee for their input and feedback which is very helpful in planning and prioritizing future budgets. 7. 8. Next Meeting: January 20, 2021 at 5:30pm. 9. Adjournment Resolution #4 Moved by: Joan Weston Seconded by: Eugene Todd THAT the October 21, 2020 Memorial Park Revitalization Advisory Committee meeting be adjourned at 6:36 p.m. Carried Page 548 of 688 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee Meeting November 17, 2020 10:00 a.m. Hybrid Meeting- Council Chambers, 200 Broadway, Suite 204 & Electronic Meeting MINUTES Present: Sherry Hamilton, Lynn Temoin, Kathryn Leatherland, Councillor Luciani Staff: Alex Piggott, Transit Coordinator; Laura Pickersgill, Legislative Services Coordinator Guest: Colleen Pepper, Marketing & Communications Officer Regrets: Cindy Allen and Stephanie Ellens -Clark 1.Call to Order The meeting was called to order 10:01 a.m. 2.Adoption of Agenda Resolution #1 Moved by: Councillor Luciani Seconded by: Kathryn Leatherland THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of November 17, 2020, be adopted. Carried 3.Adoption of Previous Minutes Resolution #2 Moved by: Lynn Temoin Seconded by: Councillor Luciani THAT the Minutes as prepared for the Tillsonburg Transit Advisory Committee meeting of October 6, 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 6.1 Additional Stops on Route Report- Alex Piggott Alex noted that these additional stops will not have an impact on the timing of the route and that other stops will not be removed to accommodate these new stops. It Page 549 of 688 was suggested that these additional stops will allow users to not have to walk as far to access the service. It was noted that there is a mixed reference in the report to Tillson Street versus Tillson Ave in the report. 6.2 Bus Decals Report- Alex Piggott There had been previous concerns noted with visibility of the bus being transit available to the general public. There is space on the bus to sell advertising space to be able to cover the costs of bus decals. The Christmas bus decals coming out shortly will increase the visibility of the bus. There was an issue with a decal supplier due to the temporary closure of the supplier’s business. 6.3 Bus Stop 24, Simcoe and Tillson Report- Alex Piggott Alex noted that bus stop 24 is in the process of being moved further east so that it becomes a safer stop. 6.4 Bus Stop Performance & Ridership- Al ex Piggott Alex provided an overview of statistics of current ridership. Staff are suggesting that statistics continue to be monitored until there is more data available to make more improvements to the bus stop performance and increase ridership. It was noted that stop 19B is getting less use then with the previous provider. It was suggested that if nobody is using this stop then it could save time from driving all of the way out there. This item will be brought forward to a future agenda. It was suggested that staff could reach out to the businesses to determine if there is still a need to have this stop and determine if these businesses are working fully (pre-COVID limits). The Multi-Service Centre has also seen a decline in individuals working right now due to the pandemic but hopefully employment levels will increase again once the pandemic is resolved. 6.5 Bus Signs Report- Alex Piggott Alex provided an example of a larger sign mock up and compared it to the size of the existing, smaller bus sign. Alex noted the sheeting material of the signs has improved on the mock up version as well that this will improve visibility of the signs. It was noted that the largest signs are used in rural areas (higher speed areas) and the smaller signs are used in urban areas. It was suggested that the newer sign be used going forward when the signs are replaced. It was suggested that the contact phone number be enlarged on the sign for easier reading. It was suggested that removing “for assistance” would allow to make the phone number and website larger print. It was noted that having this information available on the signs will give riders contact information to review in the Page 550 of 688 case that a route is delayed due to weather reasons, for example. 6.6 T:GO Marketing & Communications Report- Alex Piggott & Colleen Pepper Alex provided an overview of the marketing and communications plan for the transit service. It was noted that messaging has been difficult right now as the public is being encouraged to follow social distancing measures whereas this does not typically match the messaging for transit services. Alex noted that messaging attempts to drive individuals to the Town’s dedicated webpage for more information. There is social media messaging, Google advertisements and a website included as tools for marketing and communicating the service. It was suggested that it is challenging to get the messaging to the people and then get them to actually use the service following retrieval of the messaging. C olleen noted it is important to determine who your audience is to target the marketing towards. It is important to know who should be riding and why they should be riding and why they are not using the service. Colleen suggested that being more targeted with messaging is important. For example, if people are not riding because of COVID then you should target messaging around what COVID protocols are in safe. It was suggested that getting feedback from people as to what is challenging could be important in improving the overall service to increase the ridership. It is important to determine what reasons people are using the bus for Alex noted that a customer service survey has been delayed but it would be important to get the survey out soon to be able to take cons tructive criticism from the results to tailor the service to make it more useful for residents. It was suggested that greater promotion of the Christmas bus would be helpful. It was suggested that a list of retailers selling tickets could be useful to people. It was noted that transit information is provided in new homeowner packages from the Town office as Welcome Wagon no longer operates locally. It was suggested that the service could be advertised in the Tourism Oxford brochure at a minimal cost if that is something the group is interested in. C olleen Pepper left the meeting at 10:59 a.m. 6.7 Norfolk Mall Bus Stop Report- Alex Piggott Alex noted that the Norfolk Mall Bus Stop is being moved under the vestibule at Zehrs. Alex still needs to contact the property owner and store manager to get the steps finalized. It was asked if there was any consideration to having the bus stop on Broadway near Sobeys moved under the vestibule of Sobeys umbrella. Alex noted this c ould potentially be a possibility. It was noted that an agreement would need to be developed for the bus to enter the private property and allow this to happen. Page 551 of 688 6.8 Potential Route Improvements Report- Alex Piggott It was suggested that this issue has been partially addressed by using the new service provider and getting more detailed statistics from there. It was noted that the service provider could add an additional five minutes of service since the bus is typically early every hour. Alex suggested that a stop be put in at the library so that users could catch the bus riding south rather than riders having to get on and ride the entire route for half an hour longer. Other members agreed with this suggestion. It was suggested that an addition in the northeast quadrant be held off until more data is available. Alex suggested that before any major changes are made it would be good to put the new provider through the winter to determine if the service gets too delayed or not with winter weather. It was suggested that the route com e out from stop 5 and run up to the top end of North Street and circle back to make the turn onto Fourth Street versus running the route through Kara Lane. Beckett Boulevard could als o be us ed as a potential street to make the circle back. This would allow for only one left hand turn. This s top could encompass the northeast quadrant well. It was suggested that incorporation of the trails be considered when developing a new stop. It was suggested that the parking lot where the trail head is could be used but it would need to be maintained well in the winter. A safety concern in relation to utilizing the parking lot turnaround was disccused. The driver would have to avoid parked carks and pedestrian traffic while turning around. Options for not having to turn south were reviewed as a southbound turn is not preferrable. Alex will look into further options on this and report back at a future meeting. 6.9 Ridership Statistics Alex provided an overview of the ridership statistics. 6.10 Vacant Seat Update - Laura Pickersgill Laura provided an overview of the vacant seat on the Committee. It was noted that a recommendation will be going to Council in December to fill the vacant seat on the Committee. 6.Round Table 7.Next Meeting Resolution #3 Moved by: Lynn Temoin Seconded by: Kathryn Leatherland THAT the Tillsonburg Transit Advisory Committee amends their meeting schedule to meet every other month on the third Tuesday of the month at 10:00 a.m. or more frequently as needed. Carried Tuesday, January 19, 2020 at 10:00 a.m. 8.Adjournment Resolution #4 Moved by: Lynn Temoin Page 552 of 688 Seconded by: Councillor Luciani THAT the November 17, 2020 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:41 a.m. Carried Page 553 of 688 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee Meeting Novem ber 10, 2020 7:30 a.m. Hybrid Model- Electronic Meeting & 200 Broadway, 2nd Floor Council Chambers MINUTES Present: Lisa Gilvesy, Randy Thornton, Andrew Burns, Cedric Tomico, Collette Takacs, Councillor Gilvesy, Jeff VanRybroeck, Jesse Goossens, Kirby Heckford, Lindsay Morgan-Jacko, Mayor Molnar; Steve Spankers Staff: Kyle Pratt, CAO; Laura Pickersgill, Legislative Services Coordinator; Cephas Panschow, Development Commissioner Regrets: Suzanne Renken Guests: Alex Urbanowicz, Dan Rasokas, Ernie Vidovic, Ian McKenzie, John Gilvesy, Robert Kent Presenters: Ministry of Energy, Northern Development & Mines: Marc Foulon, Director, LDC -ON, Samer Yordi, Team Leader, LDC -ON Ontario Energy Board: Ryan Holder, Manager of Industry Policy & Compliance Brian Hewson, Vice -President, Consumer Protection & Industry Performance 1. Call to Order The meeting was called to order at 7:37 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Randy Thornton Seconded by: Cedric Tomico THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of November 10, 2020, be adopted. Carried 3. Adoption of Previous Minutes Resolution #2 Moved by: Randy Thornton Seconded by: Councillor Gilvesy Page 554 of 688 THAT the Minutes as prepared for the Economic Development Advisory C ommittee meeting of October 13, 2020, be adopted. Carried 4. Disclosures of Pecuniary Interest and the General Nature T hereof There were no disclosures of pecuniary interest declared. 5. Presentations 5.1 Ontario Energy Board Brian Hewson and Ryan Holder provided an overview on the role of the Ontario Energy Board (OEB). Opportunity was provided to ask questions. It was noted that it is the responsibility of the OEB is to ensure that there is not monopoly by hydro providers. A member asked if there are certain items mandated under the OEB. It was noted that mandatory items would be provided for in the code, such as the distribution code, that customers must be connected in a timely fashion and the types of services that the utilities must provide. It was mentioned that there is flexibility for utilities to decide what equipment to invest in and how it is best to operate that equipment, for example. In summary, it is up to the utility to decide how to best operate using the minimum terms of service established through the OEB. It was noted that the person who is going to benefit from the connection should pay for the connection. Ryan outlined the five basic categories that connections fall into, which include: residential customer, non-residential, all customer classes, expansion, and enhancement. The Economic Evaluation model inc ludes revenues over a 25-year period in estimating the developer’s share of costs . The question was asked as to whether the expansion deposit rebate period should be 25 years as well to match the revenue forecast (instead of the current 5 years). The answer was that a development can be phased in such that the expansion deposits match the phases and reduce the long term liability. A member noted that THI has a split of 90/10 with developer s. It was asked that if the developer was going to expand, what funding can the utility require? It was noted that the utility can either ask for the 90% funding up front or they can ask for the 100% expansion deposit, however they are not permitted to take both. The utility is not permitted to end up with more funding then what the overall cost of the project ends up being. If the forecasted revenues do not cover the cost of the project, then the utility must collect at least the amount of the project. Page 555 of 688 A member asked that if a developer has contributed 100% of costs then there is no risk is there? It was noted that the developer would have overpaid as the developer would be paying rates and they should not be paying 100% up front. It was noted that the expansion deposit will be returned to the developer over the first five years of the connection period. It was suggested that if the option exists to go the expansion route versus the capital contribution route that the better option would be to go the expansion route since at least the deposit is returned eventually. It was noted that the options are not mutually exclusive. For example, if project will pay for itself over time then there is no capital contribution required. It was also suggested that if the project won’t pay for itself over the 25 year period then there would be a capital contribution required. It was noted that the amount that the developer pays a third party contractor to complete work would also be the amount confirmed as the capital cost. The question was posed about if a developer has a project with higher end houses that gain more taxes but also produce more energy, how does this bring the maintenance costs down. It was noted that m unicipal property taxes are the taxes the utility pays to the municipality based on their assets . It was noted that depreciation and interest costs are captured under the maintenance and administrative components of the costs. After the presentation, the members indic ated they would like THI to have a debrief meeting as the communication from the OEB doesn’t align with communication from THI. The members would like THI to report back at the next Committee meeting. It was also suggested that a report be developed and go to Council for review and consideration. All of the guests present left the meeting after the presentation. 6. General Business & Reports 6.1 Monthly Projects Update Cephas provided an overview on his monthly project update. It was noted that Council needs to consider stipulations on permitted land uses for a property in Town. It was suggested that these uses are already outlined under the purchase agreement. It was noted that development covenants are registered on title to the property. 6.2 Third Quarter Economic Development & Marketing Activity Summary Cephas will circulate this report to the group after the meeting. 6.3 Criteria for Reviewing Development Applications Cephas will circulate this criteria to the group after the meeting and it will be discussed at a future meeting. Page 556 of 688 6.4 Tillsonburg Hydro Inc. 6.5 Town Hall Task Force The Town Hall Steering Committee is meeting on November 12, 2020. 6.6 Physician Recruitment & Retention Committee The Committee last met on November 4, 2020. It was noted that there is currently $59,000 left in reserves and that a request for $70,000 has been put into the 2021 budget. If the request is approved and the existing funds remain unused, there will be approximately $129,000 in reserves to use next year. 6.7 Community Strategic Plan Council awarded the RFP to Boulevard Strategy Group and staff will be working with the consultant to move forward through the next steps. 7. Community Organization Updates 7.1 Downtown Business Improvement Association Cedric noted that he will be providing a report with the agenda circulation moving forward. It was noted that the Committee needs to have a discussion and input on the BIA expansion request. Cedric will provide more information for this at a future meeting. 8. 7.2 Tillsonburg District Chamber of Commerce 7.3 Tillsonburg District Real Estate Board 7.3.1 October 2020 Listings & Statistics 9. Round Table The Committee would like to have meetings in-person at the Community C entre. Staff will look into this and report back. Cephas noted that the former International Beams plant has been sold to another manufacturer. It was noted that some offers are being investigated on the lands near Rokeby Road. 10. Next Meeting December 8, 2020 at 7:30 a.m. 11. Adjournment Resolution #4 Moved by: Randy Thornton Seconded by: Kirby Heckford THAT the November 10, 2020 Economic Development Advisory Committee meeting be adjourned at 9:43 a.m. Carried Page 557 of 688 1 Tillsonburg Business Improvement Area MINUTES - Board Meeting of Thursday, October 22nd, 2020 IN PERSON & ZOOM @ CARRIAGE HALL – 25 BROCK ST. W. TILLSONBURG Time: 7:00 AM – Breakfast Meeting: Business Meeting 7:30 AM – 9:30 AM 1. CALL TO ORDER: Time: 7:34 A.M. QUORUM: 6/8 C. Tomico, D. Gilvesy, J. Tilson, M. Van Geer Truyde, W. Cameron (e-vote), M. Tedesco, Staff present: M. Renaud, K. Slattery, C. Pepper 2. ADOPTION OF THE AGENDA: moved by: D. Gilvesy seconded by: J. Tilson “And resolved that the agenda, as prepared for the BIA Board of Management meeting for October 22nd, 2020 be adopted”. CARRIED 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: NONE DECLARED 4. ADOPTION OF THE MINUTES from the board meeting of September 23rd, 2020 moved by: D. Gilvesy seconded by: J. Tilson “And resolved that the minutes for the Tillsonburg BIA Board of Management meeting of September 23rd, 2020 be adopted”. CARRIED Page 558 of 688 2 5. 2021 MARKETING AND ADVERTISING PLAN: The EMC reviewed the draft marketing and advertising plan for 2021. This includes a full-year proposal of activities assuming that there will be pandemic impacts for the full- year. The EMC reviewed the metrics for the month Councillor Gilvesy expressed a continued concern about the yellow main BIA logo is still hard to read and not discernable from a distance. The EMC will continue to work at favourable resolutions to the outstanding concerns raised by Board Members. The EMC will also endeavour to prepare written reports in advance of the monthly meetings. 6. FINANCIAL REPORT: The ED presented the financial results for September 2020 including the bank balances. The bank balances as of September 30th, 2020 are as follows: FirstOntario: Share capital: $85.00; GIC principle: $67,006.91; GIC accrued interest: $907.62; Total: $67,999.53 - CIBC: Chequing account: $67,541.59; Savings account: $40,462.15 – CIBC Total: $108,003.74 - Total cash balances: $176,003.27. The ED indicated that there are still some outstanding payables that need to be processed. There will be limited FIP expenses for balance of year however there are some outstanding invoices for approved design work from Southridge Concept Rendering. Councillor Gilvesy congratulated and thanked the BIA Staff for the financial management in 2020 fiscal year. 7. RETAIL & BUSINESS STATUS UPDATE: The ED wants to provide the following update on business openings, closing and downsizing - thus far in 2020. The listings are by category followed by the number in that category in brackets. The ED will update this summary monthly and will also update the file on vacant stores for rent as these metrics are important to track on an ongoing basis. Some businesses may appear twice. New businesses opened in 2020: (9) Paper Suitcase Photography (portrait studio); Flippin’ Mike’s Burgers; Tillsonburg Hobby Central; Lighthouse Treasures; Execulink retail store; Rinconcito Mexican Grocery Store; Flare Technologies (IT consulting); Enchanted Eats Café; Enchanted Eats AirBNB. Business closures in 2020: (6) Mobile Links (Baldwin Street); Corey’s Restaurant (retirement); Handmaiden (lease expiry); Gospel Lighthouse (retirement); Ridout Street barber shop (relocated to London, ON). Skilled Games Lounge – (18 Oxford Street). Page 559 of 688 3 Businesses downsized or relocated: (5) Anchor Shoppe, Styles on the Go; Tattoo store; Grand Medical (from Washington Grand Ave to Broadway). Cherished Pieces (building sale). Business expansion: (2) Needful Things – added space formerly occupied by Mobile Links – (approximately 700 sq. ft.); Jenkins & Gilvesy LLP – under construction. New businesses coming soon (might open between now and Dec . 31st, 2020: (2) Popeye’s Chicken; Cannabis store (200 Broadway) Businesses with ownership changes: (4) Grand Medical; Meyer Chiropractic; Roka Games Store (minus paintball business). Nectar (Van Campen family). Business enquiries: (8) The ED is aware of several proponents who wish to open a number of additional businesses in the downtown core including as follows: a) Higher-end restaurant/bistro (2) b) Intimate apparel & adult toys (1) c) Cannabis store (1) – beyond of which is discussed above d) Potential occupants for a co-working space (3) e) Brew pub (1) There were no questions. Several Board Members commented on the helpfulness of the report. 8. ONTARIO TRILLIUM FOUNDATION GRANT APPLICATION: The ED reviewed the concept(s) and thoughts behind the OTF Resilient Communities Fund application. The ED will continue to work on the areas noted by the Board of Management. Other items for consideration for this grant application: a) Feasibility study for a permanent Farmer’s Market – in conjunction with the Station Arts Centre; b) Re-configuration of the Broadway Plaza in anticipation of the 2022 town anniversary; Page 560 of 688 4 c) Creation of the pop-up/co-working space at the proposed new BIA offices; d) Public art creation and installation in conjunction with the Station Arts Centre; e) Tourism office funding and infrastructure purchases including a large screen TV for the front mezzanine window at the proposed new BIA offices. There were no questions or comments from the Board of Management. 9. ONTARIO RURAL ECONOMIC DEVELOPMENT GRANT PROGRAM: The ED is preparing an additional application to fund part of our strategic objectives for 2021 including downtown revitalization and business retention. There were no comments or questions from the Board of Management. 10. OXFORD/BROADWAY PARKETTE: The ED will be working with Jesse Goosens of Millards on the upcoming decoration of the parkette. The EMC will be working with the group to advance the directives to ensure that they meet the brand and image of the BIA. 11. FAÇADE IMPROVEMENT COMMITTEE UPDATE: There is a vacancy on the FIP committee which needs to be filled. The FIP committee asked me to discuss this with the BIA Board of Management. Are there any interested BIA members who would like to sit on this committee? The FIP committee usually meetings between 4 and 6 times per year. There was no interest shown at this meeting for a replacement of the FIP committee member from the BIA so the ED will follow-up outside of the monthly meeting. There were no questions or comments from the Board of Management. 12. EXECUTIVE DIRECTOR’S REPORT: See attached separate report. There were no questions or comments from the Board of Management. 13. DEVELOPMENT & PERMIT APPLICATIONS: The ED has reviewed the following planning and development/subdivision applications and recommends to the Board of Management that letters of support be prepared and forwarded the applicable planning authorities: Page 561 of 688 5 a) Site Plan Approval: 360 West – Daffodil Drive & Daisy Court “Moved by D. Gilvesy and Seconded by J. Tilson and resolved the at the BIA Board of Management supports the Site Plan Approval for the development located at Daffodil Drive and Daisy Court, Tillsonburg” MOTION: favourable recommendation – CARRIED b) Official Plan Amendment – 98 King Street & 143 Tillson Avenue “Moved by D. Gilvesy and Seconded by J. Tilson and resolved the at the BIA Board of Management supports the Official Plan Amendment for the development of two high-density residential apartment buildings subject to a revision to the site plane to add a driveway connecting the two buildings and provision of an overhead canopy and drop-off area for each building”. MOTION: favourable recommendation – CARRIED c) Official Plan Amendment & Zone Change – 41 Clear Valley Drive “Moved by D. Gilvesy and Seconded by J. Tilson and resolved the at the BIA Board of Management supports the Official Plan Amendment and Zone Change for the creation of one residential in-fill lot at 41 Clear Valley Drive, Tillsonburg”. MOTION: favourable recommendation – CARRIED d) Zone Change – 1 Hardy Avenue “Moved by D. Gilvesy and Seconded by J. Tilson and resolved the at the BIA Board of Management supports the Zone Change for 1 Hardy Avenue, Tillsonburg”. MOTION: favourable recommendation – CARRIED e) Subdivision Approval – 97 North Street West “Moved by D. Gilvesy and Seconded by J. Tilson and resolved the at the BIA Board of Management supports the Subdivision Application by Southside Page 562 of 688 6 Group (London, ON) for the development of 107 single family dwellings and two future blocks (200 & 201) for street-front townhomes”. MOTION: favourable recommendation - CARRIED 14. ITEMS REQUESTED BY BOARD MEMBERS: a) Oxford/Baldwin intersection paint markings follow-up; b) COVID challenges from members not in compliance; c) Review of finalized budget with adjustments; d) BIA re-branding/logo clarity/brand standards. 15. RESTAURANT OWNER’S/MANAGER’S MEETING: The Board of Management supports the concept of these proposed meetings. The ED suggested that Board Members can attend if their schedule permits. The ED will advise the Board of the meeting dates and times. 16. ROUND TABLE: The ED the following items: a) update of moving the BIA offices to 200 Broadway b) hand-out of budget summary to be placed into your budget binders c) Tree Canada – “Treemendous” grant program – up to $10,000 for community greening projects. The BIA will be making application. There were no questions or comments. 17. NEXT MEETINGS: Regular - Thursday, November 19th, 2020 at Carriage Hall AGM – Wednesday, November 25th, 2020 at Tillsonburg Legion – limited to Board Members and Staff with ZOOM interface. 18. MOTION TO ADJOURN: Time of adjournment:_____ a.m. a. moved by:__________________ b. ____________________ Page 563 of 688 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 November 4, 2020 Approved December 2, 2020 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Roger Geysens, Tom Masschaele, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Aaron LeDuc, and Dana McLachlan. Ben Hodi attended via conference call Regrets: Kristal Chopp, Ken Hewitt and Stewart Patterson 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, November 4, 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 October 7, 2020 A-99/20 Moved by J. Scholten Seconded by V. Donnell That the minutes of the Board of Directors Meeting held October 7, 2020 be adopted as circulated. CARRIED 6. Business Arising There was no business arising. 7. Review of Committee Minutes There were no committee meeting minutes for review. Page 564 of 688 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 - 8. Correspondence There was no correspondence to report. 9. Development Applications a) Staff Approved applications Staff approved 28 applications since the last meeting in October: LPRCA-207/20, LPRCA-208/20, LPRCA-209/20, LPRCA-210/20, LPRCA-213/20, LPRCA-214/20, LPRCA-215/20, LPRCA-216/20, LPRCA-217/20, LPRCA-218/20, LPRCA-220/20, LPRCA-221/20, LPRCA-222/20, LPRCA-223/20, LPRCA-225/20, LPRCA-226/20, LPRCA-227/20, LPRCA-228/20, LPRCA-229/20, LPRCA-230/20, LPRCA-231/20 LPRCA-232/20, LPRCA-233/20, LPRCA-234/20, LPRCA-244/20, LPRCA-246/20, LPRCA-249/20 and LPRCA-250/20. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-100/20 Moved by R. Geysens Seconded by J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated October 27, 2020 as information. CARRIED 10. New Business a) General Manager’s Report J. Maxwell reviewed the activities and accomplishments achieved over the past month. The Campgrounds closed October 15th and hydro upgrades have started at Deer Creek CA. The Phase 3 Waterford North CA upgrades to install 54 hydro/water sites will begin shortly starting with a new road installation. Responding to the Chair’s request for further information, the General Manager noted that approximately nine acres of 2020 tree planting sites from the private tree planting program will be need to be replanted due to the hot and dry temperatures this past June. A-101/20 Moved by D. Beres Seconded by R. Chambers That the LPRCA Board of Directors receives the General Manager’s Report for October Page 565 of 688 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 - 2020 as information. CARRIED b) Ecological Surveys of Selected LPRCA Properties LPRCA contracts a qualified ecologist to survey properties for species at risk and species of concern on an annual basis. Staff retained the services of Natural Resource Solutions Inc., as approved by the Board earlier this year, to complete the 2020 surveys at four LPRCA properties. The goal is to accumulate baseline data for all LPRCA properties as the ecological surveys assist staff in preparing the prescriptions/operating plans. A-102/20 Moved by R. Geysens Seconded by V. Donnell That the LPRCA Board of Directors approves the recommendations contained in the report submitted by Natural Resource Solutions Inc. titled “Long Point Region Conservation Authority Ecological Inventories for Significant Plant Species and Vegetation Communities at Sackrider, Parrott, Nemeth, Harris Floyd (Block #2) Tracts. CARRIED c) Forest Management Prescriptions/Operating Plans Staff prepares prescriptions/operating plans for the forest tracts that will receive some form of silvicultural treatment. Plans for the Harris Floyd (Block #2) and the Parrott Tracts were presented. Marking will be completed this fall in preparation for tendering early next year. A-103/20 Moved by J. Scholten Seconded by V. Donnell That the LPRCA Board of Directors approves the prescriptions/operating plans for the Harris Floyd (Block #2) Tract on the 5th Concession of Houghton Township, and the Parrott Tract on the 2nd Concession of Middleton Township. CARRIED d) 3rd Quarter Financials A. LeDuc reviewed the overall financial picture to October 31, 2020. As expected, campground revenues were negatively impacted by the COVID-19 Page 566 of 688 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 - restrictions but the forestry department attained its budgeted revenue target. To offset the reduced revenue, staffing was reduced and purchasing restrictions were implemented. As a result of these actions, LPRCA was in a surplus position as at September 30, 2020. With the actions taken to date and the continued expenditure restraints, the forecast is projected to be between zero and 1% of budget. Management will continue to monitor the financial operations and will take action to mitigate further potential risks if required. J. Maxell provided an update and projection on the outstanding capital projects as requested by the Chair. Due to the pandemic, some of the projects are deferred until 2021. A-104/20 Moved by R. Chambers Seconded by R. Geysens That the LPRCA Board of Directors receives the 3rd Quarter 2020 Budget Performance Report for the period up to and including September 30th, 2020 as information. CARRIED e) Watershed Conditions Update LPRCA Flood Coordinators have posted a standing Flood Outlook message and provided the municipal emergency management coordinators with daily updates since May 2019 due to the consistently high static Lake Erie levels. Although the level of Lake Erie has decreased throughout this past summer, static water levels on Lake Erie, and the other four great lakes, remains above historic levels. Localized flooding and erosion continue to occur along the shoreline. The number of permit applications for shoreline and repair work continue to be high due to Lake Erie conditions. Strong southwest winds, typical in the fall, tend to create a temporary surge in lake levels. Therefore, the risk of flooding and erosion remains high and there is a one-in- three chance of seeing another event similar to October 30, 2019. It is predicted that Lake Erie water levels will remain high over the next few months but is unlikely to see record levels. Page 567 of 688 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-105/20 Moved by V. Donnell Seconded by R. Geysens That the LPRCA Board of Directors receives the October 2020 shoreline conditions update report as information. CARRIED 11. Closed Session A-106/20 Moved by R. Chambers Seconded by D. Beres That the LPRCA Board of Directors does now 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  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-107/20 Moved by D. Beres Seconded by R. Geysens That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED 12. Adjournment The Chair adjourned the meeting at 8:00 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 568 of 688 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 Budget Meeting of November 12, 2020 Approved December 2, 2020 Members in attendance: Dave Beres, Kristal Chopp, Michael Columbus, Valerie Donnell, K. Hewitt, Tom Masschaele, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Aaron LeDuc, Ben Hodi and Dana McLachlan. Regrets: Robert Chambers and Roger Geysens * K. Chopp, K. Hewitt and T. Masschaele arrived late Welcome and Call to Order The chair called the meeting to order at 9:05 a.m., Thursday, November 12, 2020. Approval of Agenda A-108/20 Moved by J. Scholten Seconded by V. Donnell That the Board of Directors approves the agenda for the LPRCA 2020 Budget Meeting held November 12, 2020. CARRIED Declaration of Conflicts of Interest None were declared. General Manager’s Report on the 2021 Budget The General Manager summarized the budget process. Once recommended by the Board, the 2021 LPRCA Draft Budget will be circulated to member municipalities for a 30-day review. At the first meeting of the year, January 13, 2021, the budget will be voted on by a recorded, weighted vote. The Manager of Corporate Services provided a general overview of the 2021 budget. Staff complied with the direction received by the Audit and Finance Committee for a 1.5% target increase on the levy. A budget was presented for 1.51% or $30,633 on the overall municipal general levy. The operating levy increased by 2.55% or $41,983 and the capital levy decreased by 2.94% or $11,350. K. Hewitt arrived at 9:25 a.m. No conflict declared. Page 569 of 688 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 - During the discussion staff noted that there is a plan in place to manage the budget if the pandemic continues or worsens. OPERATIONS Watershed Planning and Technical Services The Watershed Planning and Technical Services Department has two main responsibilities: controlling development in and around hazardous areas through the permitting process; and, providing advice on planning and land-use matters to municipalities. User fee revenues were low in the early part of 2020 due to the COVID-19 pandemic but staff have seen a steady increase over the past month. Planning and Regulatory Services The proposed Planning and Technical fees have been increased by 2-3%. A new fee has been added for the pre-consultation process prior receiving a formal application under the Planning Act. Pre-consultations require a significant amount of staff time. Watershed Flood Control Services The Flood Control Services department includes the Flood Forecasting and Warning System, and the maintenance and operation of dams and weirs. This department provides notices about potential flooding to municipalities and the public, works with member municipalities and emergency responders in flood preparation and response, maintains hydrometric data, and works with member municipalities in hazard risk identification assessment. Healthy Watershed Services The Healthy Watershed Services Department includes stewardship and restoration programs, surface water and ground water quality monitoring , low water response programs, and source water protection programs. The majority of the activities/projects in this department are funded through various government programs and private landowners/organizations while three programs are funded through levy. For 2021, staff plan to create seven wetlands and 400 acres of cover crops, continue lamprey barrier monitoring and provide phragmites control on 60 acres. Communications and Marketing Services The Communications Coordinator has been tasked with leveraging the new LPRCA Page 570 of 688 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 - website and social media account for increasing promotion of the parks and utilizing technology to streamline the flood forecasting warnings. Purchased Services were decreased as the new website will be launched in 2020. Backus Heritage Conservation Area This department covers three operating areas: the campground including the Education Centre, the Backhouse Historic Site and programming, and Conservation Education. Conservation Parks Management Services The Park Superintendent position was added in 2020 and has been very beneficial for enforcement and oversight for the seasonal staff. The park superintendent will be preparing a new operations manual to streamline operations and provide consistency throughout the campgrounds. Workshop staff provides support with park infrastructure and mechanical repairs. Conservation Area User Fees Seasonal camping fees have been increased to reflect upgrades in the parks and the cost of services provided. There is no change to nightly camping fees. A fee comparison was completed and LPRCA fees are mid-to-low-range compared with surrounding campgrounds. As a result, the vehicle day-use entry fee and the season pass fee have been increased. The pavilion fee was to be increased by 13% which led to a discussion and the Board voted to maintain the fee with no increase. A-109/20 Moved by S. Patterson Seconded by P. Ypma That pavilion fees remain at $75 for 2021. CARRIED Public Forest Lands Management Services LPRCA owns just over 11,000 acres, of which, 7,539 acres are in the Managed Forest Tax Incentive Program (MFTIP) and 2,593 acres are in the Conservation Land Tax Incentive Program (CLTIP). Not included in the budget is funding for a gypsy moth spray program. The matter is being researched and will be presented to the Board if it is determined there is a need Page 571 of 688 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 - for a strategic spray program. After a short break, the meeting continued at 10:50 a.m. Private Forest Land Management Services The Private Forest Lands Management Department assists private land owners to reforest lands on their property. The goal for 2021 is to plant 51,000 trees funded by private landowners and Forest Ontario, and a further 12,000 trees with Ontario Power Generation (OPG) funding. This department also provides tree survival monitoring and reporting. Other Conservation Land Management Services This department includes all of the LPRCA parkettes within the watershed, the Lee Brown Marsh, and the Maintenance Workshop. Slight increases were included in purchased services to make repairs to the Black Creek boat launch and to repaint the roofs of the workshop and buildings. Corporate Services The Corporate Services Department includes administration, accounting and IT services. Staff will continue to update policies and procedures, and review department workloads to achieve operational efficiencies. Scheduled for review are the Investment Policy and the Tangible Capital Asset Policy. The municipal levy has been increased by 5% in this department for the following reasons:  Interest on investments was down significantly this year and interest rates are expected to remain low for the next 18 months  Insurance and liability policies are expected to increase between 15-20%, therefore, there is a budget increase of 17% over the previous year. LPRCA will be tendering for insurance in 2021.  Property taxes have increased on average by 8% over the past three years, therefore, the budget reflects an increase of 7.5% for property taxes. CAPITAL Capital Budget Summary – 2021-2025 The 2021 total for capital spending is budgeted at $615,000 requiring $375,000 from the general levy and $225,000 special levy from Norfolk County. Page 572 of 688 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 - Watershed Services Capital Projects Staff provided an updated detailed plan for the flood control structures to 2025. At the end of 2021, all Dam Safety Reviews will be completed with the exception of Lehman Dam and Deer Creek Dam. Deer Creek requires repairs prior to the safety review and Lehman is on hold until further information is received from the Ministry of Transportation regarding the bridge and road repairs on Highway 3. Backus Heritage Conservation Area Capital Projects A culvert upgrade is needed to increase the flow capacity to cross Dedrick Creek into Campground A. The culvert tends to overflow in the spring and the road becomes unsafe to cross and requires constant repairs. Conservation Parks Management Capital Projects Deer Creek Conservation Area. Install water and hydro hookups at the remaining 10 sites. All 40 campsites would then be serviced. Norfolk Conservation Area. Hydro upgrades will continue by replacing aging electrical panels and wiring to alleviate breakers tripping during peak usage. Other Conservation and Land Management Capital Projects Staff requested funds to purchase the following motor pool items:  Two new 4WD pickup trucks  One 4WD riding mower to maintain the many parkettes  One new backhoe/loader to replace the current 1983 model  One new float trailer for the backhoe/loader to replace the current 1998 model A new table saw is required to complete the various projects at the workshop and campground. The current table saw is 27 years old and is now unsafe and it has become difficult to obtain parts. The project to replace signage and missing corner posts at a number of LPRCA woodlots was started in 2012 and will be completed in 2021. Another continuing project requires gates to be added or replaced at woodlot entrances to discourage ATV trespass and garbage dumping. The gates are built and installed by the workshop staff and will continue at least until 2022. Corporate Services Capital Projects Computer hardware and accessories upgrades are required which will be deployed throughout the organization. Additionally, staff requested an IT Assessment to test cyber and data security. Page 573 of 688 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 - T. Masschaele arrived at 11:30 a.m. No conflict declared. BUDGET RECOMMENDATIONS General Manager’s Report and Budget Recommendations K. Chopp arrived at 11:45 a.m. No conflict declared. The board requested a minor change to staff’s recommendation to include the increase to the operating budget and decrease to the capital budget and not just the blended increase. A-110/20 Moved by D. Beres Seconded by J. Scholten That the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2021 Draft Operating and Capital budgets; That the 2021 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees as set out in Tab 5 be approved; That the 2021 proposed Healthy Watershed Services User Fees as set out in Tab 7 be approved; That the 2021 proposed Conservation Area User Fees as set out in Tab 11 be approved as amended; That the draft 2021 operating budget of $4,421,734 requiring $1,686,943 of general levy representing an increase in the general levy of 2.55% or $41,983; And the draft 2021 capital budget of $615,000 requiring $375,000 of general levy representing a decrease in the general levy of 2.94% or $11,350; And the draft 2021 capital budget of $615,000 includes a special levy of $225,000 for Norfolk County; AND the total general municipal levy of $2,061,943 (excluding the special levy) requiring an increase of 1.51% or $30,633 overall compared to 2020 be circulated to member municipalities for review and comment; AND FURTHER that staff be directed to present the Draft 2021 Budget to member municipalities when requested. CARRIED Page 574 of 688 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 - The Chair adjourned the meeting at 12:05 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 575 of 688 SOURCE PROTECTION 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 SOURCE PROTECTION AUTHORITY Virtual Meeting Minutes of June 3, 2020 Approved December 2, 2020 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Roger Geysens, Tom Masschaele, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Lorrie Minshall, Craig Jacques, Zachary Cox and Dana McLachlan Regrets: Kristal Chopp and Ken Hewitt * P. Ypma joined at 6:15pm 1. The meeting was called to order at 6:00pm. 2. Additional Agenda Items: none 3. Disclosures of Conflicts of Interest: none 4. Approval of Minutes: No questions or comments. SPA- 4/20 moved: J. Scholten seconded: V. Donnell THAT the minutes of the Long Point Region Source Protection Authority held January 8, 2020 be adopted as circulated. CARRIED 5. Business Arising: none 6. Correspondence: a) Lake Erie Region Source Protection Committee re: Submission of Source Protection Plans Annual Progress Reports (Attachments referred to in this correspondence are included with the report at agenda item 7.a)) b) Minister of the Environment, Conservation and Parks re: Approval of Amended Assessment Report and Source Protection Plan for the Long Point Region Source Protection Area No discussion. Page 576 of 688 SOURCE PROTECTION 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 SPA- 5/20 moved: R. Chambers seconded: S. Patterson THAT the correspondence outlined in the Source Protection Authority Agenda of June 3, 2020 be received as information. CARRIED 7. New Business a) Submission of the 2019 Long Point Region Annual Progress Report and Supplemental Form Staff provided a report for the 2nd annual Long Point Region Source Plan summarizing the implementation activities for municipal drinking water supplies covered within the plan for the period of January 1 through December 31, 2019. As noted in the correspondence, the Committee’s efforts for completing the plan objectives is progressing well. The Committee noted that the overall progress had improved over the previous year due to the approval of the revised Source Protection Plan in March 2019 which included updated technical work and mapping. The reporting process was smoother this year, as well, and will improve as reporting tools improve and staff become more familiar with the processes. The Committee did not have any additional comments to include with this submission. SPA-6/20 moved: D. Beres seconded: V. Donnell THAT the Long Point Region Source Protection Authority is satisfied that the 2019 Long Point Region Annual Progress Report and Supplemental Form meets the requirements of S.46 of the Clean Water Act, 2006 and any Director’s instructions established under O. Reg. 287/07 S.52.; AND THAT Lake Erie Region staff be directed to submit the 2019 Long Point Region Annual Progress Report and Supplemental Form to the Director of the Source Protection Programs Branch, Ministry of the Environment, Conservation and Parks along with any Source Protection Committee comments, in accordance with S.46 of the Clean Water Act, 2006 and any Director’s instructions established under O. Reg. 287/07 S.52. CARRIED Page 577 of 688 SOURCE PROTECTION 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 b) Source Protection Committee Amended Rules of Procedure Due to the pandemic, the Lake Erie Region Source Protection Committee was required to update their rules of procedure to allow for meetings to be held remotely. It was recommended that the four Source Protection Authorities within the Lake Erie Region approve the amendment. Kettle Creek & Grand River Conservation Authorities have recently approved the updated rules of procedure. SPA- 7/20 moved: P. Ypma seconded: T. Masschaele THAT the Long Point Region Source Protection Authority approves the proposed amendments to the Lake Erie Region Source Protection Committee’s Rules of Procedure. CARRIED The meeting was adjourned at 6:20pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 578 of 688 Tillsonburg Police Services Board Minutes Date: October 21, 2020 Time: 8:30 a.m. Location: Lion's Den Present: Larry Scanlan, Inspector Hymers, Councillor Rosehart, Greg Horvath, Ann Loker, Becky Turrill Absent with Regrets: Mayor Molnar Also Present: 1. Call to Order The meeting was called to order at 8:30 a.m. 2. Adoption of Agenda Resolution #1 Moved by: G. Horvath Seconded by: A. Loker THAT the Agenda as prepared for the Police Services Board meeting of October 21, 2020, be adopted as amended. 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 Proposed Resolution #2 Moved by: Councillor Rosehart Seconded by: A. Loker THAT the Police Services Board Meeting Minutes of September 16, 2020, be approved. Carried 5. Presentations/Deputations 5.1 Inspector Hymers presented the September reports to the TPSB 6. General Business & Reports 6.1. Contract Costing -Reviewed the 2021 OPP Contract Costing 6.2. 2021 Tillsonburg Police Services Board Budget. Resolution #3 Moved by: A. Loker Seconded by: G. Horvath Page 579 of 688 Tillsonburg Police Services Board Date: October 21, 2020 Page -2 -of 2 THAT the Board approves the Tillsonburg Police Services Board draft budget as written. 6.3. On line Auction results -Extension received for the distribution of proceeds 6.4. School Bus Arm Cameras -County working group through the Thames Valley District School Board. Chair will have more information for our next meeting. 6.5. Speed Spy -information regarding Concession St West speeding complaint presented for review 6.6. False Alarm By-Law -Draft will be available for review at our November meeting 6.7. Underground Parking Lot-Lights are being updated, currently 50% have been replaced 7. Correspondence 8. Other Business 9. Next Meeting -Wednesday December 16, 2020 10.Adjournment Resolution #5 Moved by: A. Loker Seconded by: Councillor Rosehart THAT the October 21, 2020 Police Services Board meeting be adjourned at 9:54a.m. Carried ...... '"' ' u TPSB Chair TPSB Secretary Page 580 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-____ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1’ the zone symbol of the lands so designated ‘R1’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 581 of 688 S. W . A N G L E LO T 2 0 3 , RE G . P L A N M - 5 3 N 3 6 ° 2 5 ' 1 5 "W 1 6 . 3 0 N60 ° 0 6 ' 5 0 " W 1 9 . 5 6 N17°43'50"E 19.58N59°09'05"E 3 6. 7 5 N42°19'20"E 39.68N29°53'35"E 44.78N57°27'35"E 58.31 CL E A R V A L L E Y D R B L O C K D L O T 2 0 3 R E G I S T E R E D P L A N M - 5 3 SCHEDULE "A" PT BLOCK D, REGISTERED PLAN M-53TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR - Stephen Molnar TOWN CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 6 0 6 12 183 METRES Þ 2020- 14 December 2020- Page 582 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-____ A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R3-18’ the zone symbol of the lands so designated ‘R3-17’ on Schedule “A” attached hereto. 2. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following: “8.6.18 LOCATION: Lot 574, Plan 500, 1 Hardy Avenue R3-18 (KEY MAP 15) 8.6.18.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-18 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: A multiple unit dwelling. 8.6.18.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-18 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.18.2.1 NUMBER OF DWELLING UNITS Maximum 3 8.6.18.2.2 LOT AREA PER DWELLING UNIT Minimum 178 m2 (1,916 ft2) 8.6.18.2.3 LOT DEPTH AND LOT FRONTAGE Existing at the date of passing of this By-law, or as existing as a result of a decision of the Oxford County Land Division Committee. Page 583 of 688 By-Law 2020-___ Page 2 of 2 8.6.18.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020. READ A THIRD TIME AND FINALLY PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 584 of 688 S.E. ANGLELOT 574, PLAN 5004.16N66°19'00"E 18.62 N54°08'30"E 19.11N16°25'00"W 26.94N16°25'00"W 26.82L O T 5 7 4 P L A N 5 0 0 JOHN STHARDY AVESCHEDULE "A" LOT 574, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R3-18 NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR - Stephen Molnar TOWN CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2020 TO BY-LAW No.© 4 0 4 8 122 METRES 2020- 2020- 14 December Page 585 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-__ A BY-LAW To Amend Schedule A of By-Law 4247, to Define the Mandate and Membership for Committees Established By The Corporation Of The Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend Schedule A of By-Law 4247. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule A of By-Law 4247 be amended as attached hereto; 2. THAT these amendments to Schedule A of By-Law 4247 are hereby declared to be part of that By-Law as if written therein. 3. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 586 of 688 By-Law 2020-___ Schedule A Page 1 of 4 Board/Committees Citizen Appointments Mandate Accessibility Advisory Committee Cindy Allen Erin Getty Jeff Huber Margaret McCrimmon Mark Dickson Mike Cerna Michael Kadey Peter Staley Pete Luciani To advise and make recommendations to Council on all matters with respect to the accessibility for persons with disabilities to a municipal building, structure or premises. Cultural, Heritage and Special Awards Advisory Committee Collette Takacs Carrie Lewis Vern Fleming Terry Fleming Rosemary Dean Penny Esseltine Mark Dickson Tabitha Verbuyst To advise and make recommendations to Council on all matters with respect to tourism and culture in the Town of Tillsonburg. To advise and make recommendations to Council on all matters related to properties of architectural and historical significance. To receive nominations and make recommendations to Council for the Citizen of the Year and monthly awards. To provide commemorative naming options to Council. Economic Development Advisory Committee Jesse Goossens Collette Takacs Jeff VanRybroeck Randy Thornton Lindsay Morgan-Jacko Andrew Burns Cedric Tomico Steve Spanjers Lisa Gilvesy Kirby Heckford Deb Gilvesy To advise on initiatives to attract and retain investment within the community. To provide advice on: • The Economic Development Strategy • The Community Strategic Plan • Annual Departmental Business Plan To support the development of alliances and partnerships to advance the Town’s strategic plan and that assists in the overall growth of the Town. Page 587 of 688 By-Law 2020-___ Schedule A Page 2 of 4 To provide advice regarding existing and new bylaws that relate to/impact development within the community. Memorial Park Revitalization Advisory Committee Joan Weston Scott Vitias Eugene Todd Terry Smith Kim Sage Chris Rosehart Mike Cerna Ken Patterson Jane Ann McLean Mel Getty Rosemary Dean To advise and make recommendations and provide regular updates to Council on all matters with respect to the Memorial Park Revitalization Project. Museum Advisory Committee Bob Marsden Rosemary Dean Joan Weston Donna Scanlan Dianne MacKeigan John Lessif Sherry Hamilton Chris Rosehart To make recommendations to Council on policies and procedures pertaining to the Museum. To participate in strategic planning activities, initiate and participate in fundraising activities when and as needed, act as ambassadors for the museum within the community. To work with the Tillsonburg and District Historical Society regarding trust for artifact purchases and to act as trustees for the restoration trust. Page 588 of 688 By-Law 2020-___ Schedule A Page 3 of 4 Parks, Beautification and Cemeteries Advisory Committee Christine Nagy Sue Saelens Donna Scanlan Mike Dean Ken Butcher Penny Esseltine Bob Marsden Marian Smith Paul DeCloet Paul Wareing Maurice Verhoeve To advise and make recommendations to Council on all matters with respect to the utilization and beautification of public parks, trails, trees, green space and Tillsonburg cemeteries. Recreation and Sports Advisory Committee Chris Parker Don Baxter Susie Wray Eugene Todd Carrie Lewis Jeff VanRybroeck Kim Sage Dace Zvanitajs To advise and make recommendations to Council on matters related to the programming and utilization of Tillsonburg’s recreational facilities. To advise and make recommendations to Council on implementation of the Community Parks, Recreation and Cultural Strategic Master Plan. Tillsonburg Airport Advisory Committee Euclid Benoit Deb Gilvesy Mark Renaud David Brandon Dan Cameron Valerie Durston Jeff Dean Jeffrey Miller To advise and make recommendations to Council on matters related to the Tillsonburg Regional Airport. To provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan and strategic initiatives and to provide a forum for dialogue and communication. Day to day operations of the airport is the responsibility of Town staff. Page 589 of 688 By-Law 2020-___ Schedule A Page 4 of 4 Tillsonburg Dog Park Advisory Committee Wayne Beard Pete Luciani Kelly Luciani Connie Porter Brad Holden Marcie Walters-Turcotte Doris Koepke Roseanne Fillion The objective of the Tillsonburg Dog Park Advisory Committee (TDPAC) is to oversee and advise Town Council on the governance of the Dave Johnson Memorial Dog Park with representation from all affected groups in the community. Tillsonburg Transit Advisory Committee Sherry Hamilton Kathryn Leatherland Cindy Allen Stephanie Ellens- Clark Lynn Temoin Pete Luciani Richard Martin The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedures related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. The committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work towards accomplishing. Page 590 of 688 CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement of purchase and sale with Armtec Inc. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as 54 acres of land on the North side of Rokeby Road, described at Lot 1641, Plan 500, Mid Con 4, NTR, Pt Lot 10; and more particularly, Parts 1 & 2, Plan 41R-8386. 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 54 acres of land on the North side of Rokeby Road, described at Lot 1641, Plan 500, Mid Con 4, NTR, Pt Lot 10; and more particularly, Parts 1 & 2, Plan 41R-8386, 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 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 591 of 688 ,., Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- ARMTEC INC. (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2 . In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a purchase price calculated at Twenty-Three Thousand Dollars ($23,000.00) per acre. The estimated area of the Property is fifty-four (54) acres and the estimated total purchase price is One Million Two Hundred and Forty-Two Thousand Dollars ($1,242,000.00) (the "Purchase Price"). The Vendor shall be required at its sole cost and expense to deliver to the Purchaser prior to the Due Diligence Date a certificate of area from a registered Ontario Land Surveyor confirming the exact acreage of the Property, whereupon the Purchase Price shall be adjusted accordingly. 3. The Purchase Price shall be paid as follows: (a) One Hundred Thousand Dollars ($100,000.00) deposit is payable by the Purchaser by certified cheque or wire transfer withing two (2) Business Days following the Acceptance Date, to be held by the solicitors for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and Buyer's Initials a?--Seller's Initials __ _ Page 592 of 688 ,., (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft (c) The deposit shall, at the Purchaser's request be placed in an interest bearing account, which interest shall accrue to the benefit of the Purchaser . The deposit, together with all interest earned thereon, if any, shall be held by the Vendor's solicitors pending completion of the transaction contemplated hereunder or earlier termination of the Agreement, and shall be credited against the Purchase Price and paid to the Vendor on Closing. Unless otherwise provided for herein , if the transaction contemplated hereunder is not completed as a result of the Purchaser's default hereunder, the deposit, together with all interest earned thereon, if any, shall be released to the Vendor as liquidated damages and not as a penalty and without prejudice to any other claims or causes of action the Vendor may have under this Agreement, at law or in equity. If the transaction contemplated hereunder is not completed as a result of the Vendor's default hereunder, the deposit, together with all interest earned thereon, if any, shall be returned to the Purchaser forthwith without deduction or set-off and without prejudice to any other claims or causes of action the Purchaser may have under this Agreement, at law or in equity. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable by the Purchaser and open for Acceptance (as hereinafter defined) by the Vendor until 5:00 p.m. on the 151h day of December, 2020, and when accepted shall 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, such date shall hereinafter be referred to as the "Acceptance Date". (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 Buyer's Initials ~ Seller's Initials __ _ Page 593 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place forty-five (45) days following the later of (i) the waiver of the Purchaser's conditions set out in Section 1 O(a), and (ii) the waiver of the Purchaser's conditions set out in Section 10(b), 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 30 days following Acceptance Date 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 without any express or implied agreement, representation or warranty of any kind (save and except as provided in this Agreement) as to the title, condition, use or zoning or any environmental matter in connection with the Property. 10. Purchaser's Conditions The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions: (a) on or prior to 5:00 p.m. on the date which is sixty (60) days following the Acceptance Date (the "Due Diligence Date"), the Purchaser shall have satisfied itself in its sole and unfettered discretion with respect to all aspects of the Property, including without limitation, title to the Property, the physical condition of the Property, zoning, environmental matters, financial matters, the future development potential of the Property and the economic feasibility thereof, its review of the property documents, the location/existence of services and the proposed Easement Lands (as hereinafter defined) and any other information relating to the Property; (b) on or prior to 5:00 p.m. on the date which is ninety (90) days following the Acceptance Date, the Purchaser shall have satisfied itself that the requisite permits and approvals for its intended development of the Property are available or will be available; Buyer's Initials ~ Seller's Initials __ _ Page 594 of 688 (c) on or prior to the Completion Date , the representations and warranties of the Vendor herein shall be true and correct, and the Vendor shall have delivered to the Purchaser a certificate confirming the foregoing on the Completion Date. The conditions set out in this Section 10 are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser, in its sole discretion , by written notice to the Vendor prior to the date specified therefor. If each of the conditions set out in this Section 10 is not fulfilled or waived as herein provided on or prior to the applicable dated referred to herein, then such condition shall be deemed not to have been fulfilled or waived , in which case this Agreement shall be terminated. Upon such termination , the deposit , together with all interest accrued thereon , shall be returned to the Purchaser without deduct ion. Notwithstanding the foregoing, all conditions to be satisfied on the Completion Date shall be deemed to be satisfied if closing occurred . 11 . Investigation by the Purchaser (a) The Purchaser and the Purchaser's authorized representatives shall be entitled to conduct investigations , tests and physical inspections in respect of the Property , including without limitation, the surface and sub-surface (including ground water) of the Property by means of such soil tests, bore holes , test pits, environmental tests and other excavation as the Purchaser deems prudent. All inspections, investigations and testing carried out by the Purchaser or its representative shall be carried out as expeditiously as possible at the Purchaser's sole cost, expense and risk . Any damage caused to the Property as a result of the Purchaser's entry upon the Property, or any part thereof, or any activities carried out by the Purchaser or its representatives in respect of the Property , or any part thereof, shall be promptly repaired by the Purchaser and the Property shall be restored to the condition it was in prior to the Purchaser's tests . The Vendor agrees to assist the Purchaser and make itself available in order for the Purchaser to conduct its due diligence. 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. 13. Development Covenants and Rest rictions (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 . 14 . Provision of Plans Buyer's Initials gj. Seller's Initials --- Page 595 of 688 (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 building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. The provisions of this paragraph shall survive closing. 15. 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 and the neighbouring lands to the west of the Property being approximately eleven (11) acres (the "Neighbouring Lands") 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. 16 . Transfer of Easement The Purchaser hereby agrees to grant, convey and confirm 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 Easement Lands (hereinafter described) at all reasonable times and upon two (2) business days notice for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) (the "Services") in, under, over and upon the Easement Lands, and with the further and continuing right to the Town, its successors and Easement Lands at all reasonable times by its agents, servants, employees and workers and upon two (2) business days notice. This Section shall survive the closing of the transaction contemplated herein. "Easement Lands" shall mean the portion of the Property shown on the draft Reference Plan, prepared by the Vendor, upon, through and within which there are currently, or in the future the Services will be located. The Vendor shall arrange for a Reference Plan to be prepared within fifteen (15) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser the draft Reference Plan outlining the proposed Easement Lands for its review and approval. 17. Vendor's Representations The Vendor hereby represents and warrants to and in favour of the Purchaser, as of the Acceptance Date and the Completion Date, as follows: (a) The Vendor is not a non-resident of Canada within the meaning of Section 116 of the Income Tax Act (Canada). (b) The Vendor has obtained all necessary consents, approvals and authorizations as may be required to permit it to execute and deliver this Agreement and all documents contemplated hereunder to which it is or will be a party, to perform all of its obligations and liabilities thereunder in accordance therewith and to give effect to the sale and transfer of the Property. Buyer's Initials 00-Seller's Initials --- Page 596 of 688 (c) The Property is serviced or will be by a date that is satisfactory to the Purchaser, by water, storm and sanitary sewers . Water and sanitary sewer services are readily available for connection by the Purchaser at the boundary of the Property in sufficient capacity to serve the intended improvements to be constructed on the Property. Hydro and gas services are functional, operative and readily available to the boundary of the Property in sufficient capacity to serve the intended improvements to be constructed on the Property. (d) To the best of the Vendor's knowledge, no part of the Property has ever been used by the Vendor as a waste disposal site or as a licensed landfill or has ever had any hazardous materials or aboveground or underground storage systems , active or abandoned, located on , at or under them . (e) To the best of the Vendor's knowledge, no contaminant (as such term is defined in the Environmental Protection Act (Ontario) has been discharged upon any property adjacent to the Property at any time . (f) The Vendor has not been required as a result of any government authority to alter any part of the Property in a material way in order to be in compliances with applicable environmental laws or perform any environmental closure , decommissioning, rehabilitation, restoration or post-remedial investigations on, about or in connection with the Property. (g) The Vendor has not received notice of any proceeding to or in connection with the expropriation of the Property or any part thereof. (h) On the Completion Date, there will be no leases, offers to lease, occupancy agreements licences or other rights granted by or on behalf of the Vendor, or which bind the Vendor, which entitle any person to possess occupy all or any part of the Property . The foregoing representations and warranties shall survive for a period of twelve (12) months following the Completion Date. 18 . Purchaser's Representation (a) The Purchaser represents and warrants that it is the Purchaser's current intention to construct a building on the Property and is not purchas i ng the Property or the Neighbouring Lands for the purpose of resale of vacant land . 19. Vendor's Acknowledgement I Agreement The Vendor acknowledges and agrees that the Purchaser will not be prevented from removing all trees on the Property other than the trees within fifteen feet of Rokeby Road which the Purchaser expressly agrees shall not be removed . SECTION IV -PRIOR TO COMPLETION DATE 20 . 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 Buyer's Initials OX Seller's Initials --- Page 597 of 688 date of Acceptance and the Completion Date at reasonable times and upon reasonable notice to the Vendor. (b) The Purchaser and its authorized agents are authorized to correspond with the appropriate Governmental Authorities having jurisdiction in respect of the Property for the purposes of this Transaction including, but not limited to, for confirmation of the compliance of the Property with any by-laws, laws, regulations or assessments. For this purpose, the Vendor will promptly, at the Purchaser's request, execute and deliver any authorizations reasonably required by the Purchaser to authorize such authorities to release to the Purchaser any information which such authorities may have on their records relating to the Property provided no requests to complete any inspections will be permitted or requested 21. 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 22. Deed/Transfer (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. 23. 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 . 24. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. The Vendor shall arrange for a Reference Plan to be prepared within forty-five (45) days following the Acceptance Date, at its sole Buyer's Initials ~ Seller's Initials --- Page 598 of 688 cost and expense, and shall deliver to the Purchaser a copy of the deposited Reference Plan . 25. Letters and Reports from Officials of the Vendor (a) On or before the date which is thirty (30) days following the Acceptance 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 . 26 . 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. (b) The Purchaser is allowed ninety (90) days from the Acceptance Date 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 . 27 . 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. 28 . 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 and other adjustments established by usual practice for the purchase and sale of similar properties in Ontario shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. Buyer's Initials ~ Seller's Initials __ _ Page 599 of 688 (c) The Vendor shall deliver to the Purchaser a statement of adjustments at least five (5) Business Days prior to the Completion Date and shall have annexed to it reasonable details of the calculations used by the Vendor to arrive at all debits and credits on the statement of adjustments. 29. Deliveries by the Vendor To The Purchaser on Closing (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) an electronic transfer of the Property transferring the Property to the Purchaser or as it may direct, and containing the statements of the Vendor and the Vendor's solicitors pursuant to Section 50(22) of the Planning Act (Ontario); (ii) an up to date survey or reference plan of the Property in the possession of the Vendor; (iii) an undertaking by the Vendor to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Purchaser; (iv) a Statutory Declaration by an authorized officer of the Vendor stating that the representations and warranties of the Vendor set out in Section 17 hereof are true and correct as of the Completion Date; (v) 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; (vi) 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; (vii) a Statutory Declaration by an authorized officer of the Vendor re the Family Law Act (Ontario); (viii) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; (ix) evidence satisfactory to the Purchaser that the farm lease in existence on the Acceptance Date has been terminated; (x) vacant possession of the Property; and (xi) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 30. Deliveries by the Purchaser To The Vendor on Closing Buyer's Initials Od-Seller's Initials __ _ Page 600 of 688 (a) The Purchaser covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) the funds due on closing as set out in Section 3(b); (ii) the Assignment and Assumption of Lease; (iii) the HST Certificate required by Section 31; (iv) an undertaking by the Purchaser to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Vendor; (v) a Statutory Declaration of the Purchaser, without personal liability, confirming the representation and warranty of the Purchaser as set out in Section 18 hereof is true and correct as of the Completion Date; and (vi) such further documentation and assurances as the Vendor may reasonably require to complete the transaction contemplated by the APS. 31. 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) (2) (3) (4) Buyer's Initials ~ it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; 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; 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; an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest relating to HST; and Seller's Initials --- Page 601 of 688 (5) a notarial true copy of its HST registration confirmation . 32. The transaction shall be completed on the Completion Date , on which date, vacant possession of the Property, shall be given to the Purchaser. SECTION VI -MISCELLANEOUS 33 . Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein . 34 . Tender (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 . 35 . Time of Essence (a) Time shall be of the essence of this Agreement. 36 . 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. 37. 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, or send by fax or other electronic communication addressed to the solicitor for the person to whom such not ice is intended to be given at the following addressed: Buyer's Initials ~ Solicitors for the Vendor: Duncan, Linton LLP ATTENTION: Steven D.S . Ross 45 Erb Street West Waterloo, ON N2J 4B5 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 Seller's Initials __ _ Page 602 of 688 Solicitors for the Purchaser: Aird & Berlis LLP ATTENTION: Leonard Baranek Brookfield Place 181 Bay Street , Suite 1800 Toronto , ON MSJ 2T9 Email : lbaranek@airdberl is.com with a copy delivered to the Purchaser ATTENTION Jason Johnston 205, 10423 178th Street Edmonton , AB TSS 1 RS Email: jjohnston@armtec.com Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered, or on the day of faxing or sending by other means of recorded electronic communication, provided that such day in either event is a business day and the communication is so delivered, faxed or sent before 5:00 p.m . on such day. Otherwise, such communication shall be deemed to have been given or made and to have been received on the next following business day . Any such communication given or made in any other manner shall be deemed to have been given or made and to have ben received only upon actual receipt. 38 . 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 . 39. Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property ; (ii) Schedule "D" Development Covenants. 40 . Acceptance by Fax or Email Buyer's Initials cP-Seller's Initials --- Page 603 of 688 (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement 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 . 41. 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. 42 . 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 . Signature page to follow Buyer's lnitials....;:;O:}'-'---Seller's Initials --- Page 604 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at at)"'" ...rn ~ I Alberta this \ day of D€..~""'nC'Q.. I 2020 . ARMTEC INC. Per: arr- Name: Jason Johnston Title: Senior Vice President Name: 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_~-- 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 605 of 688 SCHEDULE "A" LEGAL DESCRIPTION OF THE PROPERTY 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 54 acres of land on the North side of Rokeby Road , described at Lot 1641 , Plan 500, Mid Con 4, NTR, Pt Lot 1 O; Parts 1 & 2, Plan 41 R-8386: lMOll SCALlt 1----WATl!l.(a.) 1----SANll'AltY (mll) ---17.6K.V.HYDIO NA.rout.OAS(-) SITSAJWA Buyer's Initials_?/:} __ Seller's Initials --- Page 606 of 688 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS Page I (a) The owner of the Property (the "Owner") covenants and agrees that (i) the Owner will obtain a building permit for a permanent building which complies with the permitted uses of the Property's zoning with a minimum building coverage of three percent (3%) of the total area of the Property (the "Building") and commence construction of the Building within one (1) year of the date the Owner taking title to the Property being the date of registration of transfer (the "Completion Date") and (ii) will substantially complete the construction of the Building in conformity with an approved site plan within three (3) years of the Completion Date. (b) In the event that the Owner has not obtained a building permit in accordance with the provisions of subclause 1.a) above, the Owner may request from The Corporation of the Town of Tillsonburg (the "Town of Tillsonburg"), in writing, an extension of the time specified in subclause 1.a) above up to a maximum extension period of six (6) months, (such extension, the "Extended Time") upon payment by the Owner to the Town of Tillsonburg of a performance deposit equal to ten (10%) percent of the purchase price of the Property (the "Performance Deposit"). The Performance Deposit shall be refunded to the Owner, without interest, upon the Owner's compliance with and completion of the provisions of subclause 1.a) above within the Extended Time. In the event that the Owner fails to complete construction within the Extended Time, then the Town of Tillsonburg shall, in addition to its other rights and remedies as set out herein or otherwise , be entitled to retain the Performance Deposit as liquidated damages and not as a penalty , in partial or full satisfaction of the Town of Tillsonburg's damages . (c) If the Owner has not obtained the building permit for the Building and commenced construction within the periods specifically set out in subclause 1 (a) or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notis;e in writing to the Owner which option may be exercised within the sixty day period following the Owner's failure to commence construction within one year of the Completion Date (as may have been extended pursuant to subclause 1 (b)), reconvey 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 the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "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 Consideration all of its reasonable third party costs, realty commission and legal fees incurred with respect to the origina l conveyance of the Property by the Town of Tillsonburg to the Owner as well as the following costs of the Town of Tillson burg in re-acquiring the Property : registration costs, land transfer tax and legal fees. 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. Buyer's Initials ~ Seller's Initials --- Page 607 of 688 ( d) If at any time prior to the exterior of the building to be located on the Property being substantially completed, the Owner wishes to sell the Property to any person, firm or corporation, it shall first provide the Town of Tillsonburg the right to purchase the Property for consideration equal to the "fair market value" of the Property taking into account the improvements made thereto less a 5% discount provided however that a sale or transfer of the Property to a subsidiary or affiliate of the Purchaser (as those terms are defined in the Business Corporations Act, R.S .O . 1990, c . B.16 as amended), provided such subsidiary or affiliates assumes and confirms its acceptance of the covenants and restrictions set out in this Schedule D and expressly undertakes in writing to comply with them, shall not trigger the aforesaid right offirst offer. The Town of Tillsonburg shall have sixty (60) 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 of first offer shall terminate. For greater clarity, the Town of Tillsonburg's right of first offer set out herein shall be of no force and effect at such time as the exterior fo the building on the Property is substantially completed . For the purpose of this Section 1 (d), "fair market value " shall be the value of the Property as improved as determined by an arms length third party accredited appraiser appointed by the Owner. 2. Development Standards (a) Unless otherwise approved by the Town of Tillsonburg in their sole and absolute discretion acting reasonably through the Town's Site Plan Approval process, the Owner shall not construct a building unless the exterior of the wall or walls of any building or structure facing any municipal street is constructed of a minimum sixty (60) percent brick, precast stone, glass, pre-cast concrete or alternative non-steel materials including, but not limited to, stainless steel; decorative glazed terracotta; ceramic veneer; precast concrete panel ; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish. For greater certainty, the Owner shall be deemed to have satisfied this covenant upon receipt of the necessary approvals from the Town of Tillsonburg. (b) 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 (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 Buyer's Initials ~ Seller's Initials --- Page 608 of 688 to the Restrictions 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. 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, walkouts, lockouts, fire, pandemics, 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 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 . 42072590.3 Buyer's Initials 03 Seller's Initials --- Page 609 of 688 CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement of purchase and sale with Armtec Inc. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as 11 Acres of land west of, and contiguous to the Rokeby Road parcel, Lot 1640 Plan 500, Tillsonburg; Part 5, Plan 44 OXRB; and Part Lot 8, Concession 4 North of Talbot Road. 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 11 Acres of land west of, and contiguous to the Rokeby Road parcel, Lot 1640 Plan 500, Tillsonburg; Part 5, Plan 44 OXRB; and Part Lot 8, Concession 4 North of Talbot Road, 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 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 610 of 688 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- ARMTEC INC. (the "Purchaser") WHEREAS the Vendor is the owner, in fee simple , of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows : SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a purchase price calculated at Fifteen Thousand Dollars ($15,000.00) per acre . The estimated area of the Property is eleven (11) acres and the estimated total purchase price is One Hundred and Sixty-Five Thousand Dollars ($165,000 .00) (the "Purchase Price "). The Vendor shall be required at its sole cost and expense to deliver to the Purchaser prior to the Due Diligence Date a certificate of area from a registered Ontario Land Surveyor confirming the exact acreage of the Property, whereupon the Purchase Price shall be adjusted accordingly . 3. The Purchase Price shall be paid as follows : (a) Ten Thousand Dollars ($10,000.00) deposit is payable by the Purchaser by certified cheque or wire transfer withing two (2) Business Days following the Acceptance Date, to be held by the solicitors for the Vendor as a deposit pending completion of this transaction on account of the Purchase Price on completion , or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and Buyer's Initials ~ Seller's Initials __ _ Page 611 of 688 (b) the balance of the Purchase Price , subject to adjustments , shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. (c) The deposit shall, at the Purchaser's request be placed in an interest bearing account , which interest shall accrue to the benefit of the Purchaser. The deposit , together with all interest earned thereon , if any , shall be held by the Vendor's solicitors pending completion of the transaction contemplated hereunder or earlier termination of the Agreement, and shall be credited against the Purchase Price and paid to the Vendor on Closing. Unless otherwise provided for herein, if the transaction contemplated hereunder is not completed as a result of the Purchaser's default hereunder, the deposit, together with all interest earned thereon, if any, shall be released to the Vendor as liquidated damages and not as a penalty and without prejudice to any other claims or causes of action the Vendor may have under this Agreement, at law or in equity. If the transaction contemplated hereunder is not completed as a result of the Vendor's default hereunder, the deposit, together with all interest earned thereon , if any, shall be returned to the Purchaser forthwith without deduction or set-off and without prejudice to any other claims or causes of action the Purchaser may have under this Agreement , at law or in equity. SECTION II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable by the Purchaser and open for Acceptance (as hereinafter defined) by the Vendor until 5:00 p .m. on the 151h day of December, 2020, and when accepted shall 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, such date shal l hereinafter be referred to as the "Acceptance Date". (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 T illsonburg . 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 Buyer's lnitials_re~-Seller's Initials --- Page 612 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place forty-five (45) days following the later of (i) the waiver of the Purchaser's conditions set out in Section 1 O(a), and (ii) the waiver of the Purchaser's conditions set out in Section 10(b), 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 thirty (30) days following Acceptance Date 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 without any express or implied agreement, representation or warranty of any kind (save and except as provided in this Agreement) as to the title, condition, use or zoning or any environmental matter in connection with the Property. 10. Purchaser's Conditions The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions: (a) on or prior to 5:00 p.m. on the date which is sixty (60) days following the Acceptance Date (the "Due Diligence Date"), the Purchaser shall have satisfied itself in its sole and unfettered discretion with respect to all aspects of the Property, including without limitation, title to the Property, the physical condition of the Property, zoning, environmental matters, financial matters, the future development potential of the Property and the economic feasibility thereof, its review of the property documents, the location/existence of services and the proposed Easement Lands (as hereinafter defined) and any other information relating to the Property; (b) on or prior to 5:00 p.m. on the date which is ninety (90) days following the Acceptance Date, the Purchaser shall have satisfied itself that the requisite permits and approvals for its intended development of the Property are available or will be available; Buyer's Initials.....;:~-=---Seller's Initials --- Page 613 of 688 (c) on or prior to the Completion Date, the representations and warranties of the Vendor herein shall be true and correct, and the Vendor shall have delivered to the Purchaser a certificate confirming the foregoing on the Completion Date. (d) on or prior to the Completion Date, the transaction contemplated under the agreement of purchase and sale between the Vendor and the Purchaser dated as of the date hereof for the purchase of the neighbouring lands to the east of the Property being approximately fifty-four (54) acres (the "Neighbouring Lands") has been successfully completed. The conditions set out in this Section 10 are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser, in its sole discretion, by written notice to the Vendor prior to the date specified therefor. If each of the conditions set out in this Section 10 is not fulfilled or waived as herein provided on or prior to the applicable dated referred to herein, then such condition shall be deemed not to have been fulfilled or waived, in which case this Agreement shall be terminated. Upon such termination, the deposit, together will all interest accrued thereon, shall be returned to the Purchaser without deduction . Notwithstanding the foregoing, all conditions to be satisfied on the Completion Date shall be deemed to be satisfied if closing occurred. 11. Investigation by the Purchaser (a) The Purchaser and the Purchaser's authorized representatives shall be entitled to conduct investigations, tests and physical inspections in respect of the Property, including without limitation, the surface and sub-surface (including ground water) of the Property by means of such soil tests, bore holes, test pits, environmental tests and other excavation as the Purchaser deems prudent. All inspections, investigations and testing carried out by the Purchaser or its representative shall be carried out as expeditiously as possible at the Purchaser's sole cost, expense and risk. Any damage caused to the Property as a result of the Purchaser's entry upon the Property, or any part thereof, or any activities carried out by the Purchaser or its representatives in respect of the Property, or any part thereof, shall be promptly repaired by the Purchaser and the Property shall be restored to the condition it was in prior to the Purchaser's tests. The Vendor agrees to assist the Purchaser and make itself available in order for the Purchaser to conduct its due diligence . 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. 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 building(s) and outside storage, the front elevation of the building(s), Buyer's Initials ~ Seller's Initials --- Page 614 of 688 the exterior building materials, the landscaping treatment and the screening of outside storage. 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 and the Neighbouring Lands 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. 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 the 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. Transfer of Easement The Purchaser hereby agrees to grant, convey and confirm 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 Easement Lands (hereinafter described) at all reasonable times and upon two (2) business days notice for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) (the "Services") in, under, over and upon the Easement Lands, and with the further and continuing right to the Town, its successors and Easement Lands at all reasonable times by its agents, servants, employees and workers and upon two (2) business days notice. This Section shall survive the closing of the transaction contemplated herein . "Easement Lands" shall mean the portion of the Property shown on the draft Reference Plan, prepared by the Vendor, upon, through and within which there are currently, or in the future the Services will be located. The Vendor shall arrange for a Reference Plan to be prepared within fifteen (15) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser the draft Reference Plan outlining the proposed Easement Lands for its review and approval. 17. Vendor's Representations The Vendor hereby represents and warrants to and in favour of the Purchaser, as of the Acceptance Date and the Completion Date, as follows: (a) The Vendor is not a non-resident of Canada within the meaning of Section 116 of the Income Tax Act (Canada). Buyer's Initials cB Seller's Initials --- Page 615 of 688 (b) The Vendor has obtained all necessary consents, approvals and authorizations as may be required to permit it to execute and deliver this Agreement and all documents contemplated hereunder to which it is or will be a party, to perform all of its obligations and liabilities thereunder in accordance therewith and to give effect to the sale and transfer of the Property. (c) To the best of the Vendor's knowledge, no part of the Property has ever been used by the Vendor as a waste disposal site or as a licensed landfill or has ever had any hazardous materials or aboveground or underground storage systems, active or abandoned, located on, at or under them. (d) To the best of the Vendor's knowledge, no contaminant (as such term is defined in the Environmental Protection Act (Ontario) has been discharged upon any property adjacent to the Property at any time. (e) The Vendor has not been required as a result of any government authority to alter any part of the Property in a material way in order to be in compliances with applicable environmental laws or perform any environmental closure, decommissioning, rehabilitation, restoration or post-remedial investigations on, about or in connection with the Property. (f) The Vendor has not received notice of any proceeding to or in connection with the expropriation of the Property or any part thereof. (g) On the Completion Date, there will be no leases, offers to lease, occupancy agreements licences or other rights granted by or on behalf of the Vendor, or which bind the Vendor, which entitle any person to possess occupy all or any part of the Property. The foregoing representations and warranties shall survive for a period of twelve (12) months following the Completion Date. 18. Purchaser's Representation (a) The Purchaser represents and warrants that it is the Purchaser's current intention to construct an outdoor storage yard on the Property and is not purchasing the Property or the Neighbouring Lands for the purpose of resale of vacant land. The foregoing representation and warranty shall survive for a period of twelve ( 12) months following the Completion Date. 19. Vendor's Covenant (a) The Vendor covenants to remove all trees and stumps from the Property prior to Closing. SECTION IV -PRIOR TO COMPLETION DA TE 20 . Purchaser May Inspect the Property Buyer's Initials ad Seller's Initials --- Page 616 of 688 (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. (b) The Purchaser and its authorized agents are authorized to correspond with the appropriate Governmental Authorities having jurisdiction in respect of the Property for the purposes of this Transaction including, but not limited to, for confirmation of the compliance of the Property with any by-laws , laws, regulations or assessments. For this purpose, the Vendor will promptly, at the Purchaser's request, execute and deliver any authorizations reasonably required by the Purchaser to authorize such authorities to release to the Purchaser any information which such authorities may have on their records relating to the Property provided no requests to complete any inspections will be permitted or requested 21 . 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 22. Deed/Transfer (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. 23. 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. 24 . Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements . The Vendor shall arrange for a Reference Plan to Buyer's Initials_~--Seller's Initials --- Page 617 of 688 be prepared within forty-five (45) days following the Acceptance Date, at its sole cost and expense, and shall deliver to the Purchaser a copy of the deposited Reference Plan . 25. Letters and Reports from Officials of the Vendor (a) On or before the date which is thirty (30) days following the Acceptance 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 . 26 . 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. (b) The Purchaser is allowed ninety (90) days from the Acceptance Date 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. 27. 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 . 28. 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 and other adjustments established by usual practice for the purchase and Buyer's Initials ~ Seller's Initials --- Page 618 of 688 sale of similar properties in Ontario shall be apportioned and allowed to the Completion Date, the day itself to be apportioned to the Purchaser. (c) The Vendor shall deliver to the Purchaser a statement of adjustments at least five (5) Business Days prior to the Completion Date and shall have annexed to it reasonable details of the calculations used by the Vendor to arrive at all debits and credits on the statement of adjustments . 29. Deliveries by the Vendor To The Purchaser on Closing (a) The Vendor covenants and agrees to deliver to the Purchaser on the Completion Date the following: (i) an electronic transfer of the Property transferring the Property to the Purchaser or as it may direct, and containing the statements of the Vendor and the Vendor's solicitors pursuant to Section 50(22) of the Planning Act (Ontario); (ii) an up to date survey or reference plan of the Property in the possession of the Vendor; (iii) an undertaking by the Vendor to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Purchaser; (iv) a Statutory Declaration by an authorized officer of the Vendor stating that the representations and warranties of the Vendor set out in Section 17 hereof are true and correct as of the Completion Date; (v) 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; (vi) 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; (vii) a Statutory Declaration by an authorized officer of the Vendor re the Family Law Act (Ontario); (viii) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; (ix) evidence satisfactory to the Purchaser that the farm lease in existence on the Acceptance Date has been terminated (x) vacant possession of the Property; and (xi) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. Buyer's Initials a?-Seller's Initials __ _ Page 619 of 688 30. Deliveries by the Purchaser To The Vendor on Closing (a) The Purchaser covenants and agrees to deliver to the Purchaser on the Completion Date the following : (i) the funds due on closing as set out in Section 3(b); (ii) the Assignment and Assumption of Lease; (iii) the HST Certificate required by Section 31; (iv) an undertaking by the Purchaser to adjust or readjust any item in or omitted from, but otherwise properly included in, the statement of adjustments, forthwith upon written request by the Vendor; (v) a Statutory Declaration of the Purchaser, without personal liability, confirming the representation and warranty of the Purchaser as set out in Section 18 hereof is true and correct as of the Completion Date; and (vi) such further documentation and assurances as the Vendor may reasonably require to complete the transaction contemplated by the APS. 31. 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) (2) (3) Buyer's lnitials_cr) __ it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; 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; 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; Seller's Initials --- Page 620 of 688 (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. 32. The transaction shall be completed on the Completion Date, on which date, vacant possession of the Property, shall be given to the Purchaser. SECTION VI -MISCELLANEOUS 33 . Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 34. Tender (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. 35. Time of Essence (a) Time shall be of the essence of this Agreement. 36. Planning Act (a) This Agreement shall be effective only if the prov1s1ons of Section 50 of the Planning Act, R.S.O. 1990, c.P .13, as amended are complied with. 37 . 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, or send by fax or other electronic communication 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 4B5 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 Buyer's Initials~~~-Seller's Initials --- Page 621 of 688 Fax : 519-842-9431 Solicitors for the Purchaser: Aird & Berlis LLP ATTENTION : Leonard Baranek Brookfield Place 181 Bay Street, Suite 1800 Toronto, ON MSJ 2T9 Ema il: lbaranek@airdberlis .com with a copy delivered to the Purchaser ATTENTION Jason Johnston 205, 10423 178th Street Edmonton, AB TSS 1 RS Email: jjohnston@armtec.com Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered , or on the day of faxing or sending by other means of recorded elect ronic communication , provided that such day in either event is a business day and the communication is so delivered, faxed or sent before 5:00 p .m. on such day. Otherwise, such communication shall be deemed to have been given or made and to have been received on the next following business day . Any such communication given or made in any other manner shall be deemed to have been given or made and to have ben received only upon actual receipt. 38 . 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 corporat ion with the same shareholder 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 Purchaser 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 liab ility hereunder, if it assigns its interest in this APS . This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 39 . Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" -Description of the Property (ii) Schedule "D " -Developments Covenants 40 . Acceptance by Fax or Email Buyer's Initials d} Seller's Initials --- Page 622 of 688 (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement 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. 41 . 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. 42. 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. Signature page to follow Buyer's Initials ~ Seller's Init ials --- Page 623 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at E.D"' C) "'~ , Alberta this \. of t:As...c.""e..tn., 2020. ARMTEC INC. Per: co=---- Name: Jason Johnston Title: Senior Vice President Name: 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 ~ 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 624 of 688 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY A: Lot 1640 Plan 500, TILLSONBURG; Part 5, Plan 44 OXR B: •Artificial PIN for property annexed from Haldemand-Norfolk, Reg Ofc 37 • MID CON 4 NTR PT LOT 8 • Part 7, Plan 44 OXR r----------·---·-----·-·-· --.-::·-, --·--- l I B 9.2 Acre s Buyer's Initials ~ ' .. . : 'f. ; .c.. ~-· •• Seller's Initials __ _ Page 625 of 688 SCHEDULE "D" DEVELOPMENT COVENANTS 1. The right to repurchase contained in Schedule "D" to the Agreement of Purchase and Sale for the Neighbouring Lands shall apply to the Property, mutatis mutandis, such that any right to repurchase the Neighbouring Lands shall result in the Town of Tillsonburg's rights to repurchase the Property. On Closing the restrictive covenant to be registered shall be registered against both the Property and the Neighbouring Lands . 2. Assignment of Covenants (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 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 . 3. 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, walkouts, lockouts, fire, pandemics, 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 . 4. 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 t ime 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. 42027386.4 Buyer's Initials ~ Seller's Initials __ _ Page 626 of 688 CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement of purchase and sale with Christian Devlin. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as part of Block D, Plan M-53. 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 part of Block D, Plan M-53, 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 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 627 of 688 Page I AGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor'') -and- CHRISTIAN DEVLIN (the "Purchaser'') WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule "A" (the "Property"); NOW THEREFORE IN CONSIDERATION of the mutual covenants and premises in this Agreement, the parties agree as follows: SECTION I -GENERAL 1. The Purchaser agrees to purchase the Property and the Vendor agrees to sell the Property according to the terms of this Agreement. 2. In consideration of the agreement referred to in the preceding paragraph, the Purchaser shall pay to the Vendor a Purchase Price of one hundred eighty thousand dollars ($180,000). 3. The Purchase Price shall be paid as follows: (a) Ten Thousand Dollars ($10,000.00) 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 deposit pending completion of this transaction on account of the Purchase Price on completion, or if this Agreement is not completed through no fault of the Purchaser, the deposit shall be returned to the Purchaser; and (b) the balance of the Purchase Price, subject to adjustments, shall be paid to the Vendor on the Completion Date, by certified cheque or bank draft. SECTION 11 -PURCHASE OF PROPERTY 4. Irrevocable Date (a) (b) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m. on the 15th day of December, 2020 ("Acceptance"), and when accepted shall 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. 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 Buyer's Initials ey Seller's Initials __ _ Page 628 of 688 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. 7. Completion Date (a) The closing of this transaction shall take place four (4) days from the date of the expiration of any appeal period, 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 four (4) 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 111-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 thirty (30) days of Acceptance of the APS regarding the condition of the Property including, but not limited to, all existing physical conditions of this Property, environmental conditions, fitness for any purpose, suitability for construction, soil bearing capacity for any building proposed, and the availability of municipal services and utilities necessary for the Purchaser's proposed use of the 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. 10. Other Conditions (a) This APS and completion of this transaction is subject to the conditions 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 Adceptance by the Vendor, and subject to any conditions herein, there shall be a biriding agreement of purchase and sale between Buyer's Initials* I Seller's Initials __ _ I Page 629 of 688 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. 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 building(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage. 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. 15. Restrictive Covenants (a) The Property shall be subject to the restrictive covenants 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 restrictive covenants 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. SECTION IV-PRIOR TO COMPLETION DATE 16. 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. 17. 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 18. Deed/Transfer (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. 19. Electronic Registration Buyer's lnitialsl Seller's Initials --- Page 630 of 688 (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. 20. Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 21. 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. 22. 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 thirty (30) 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. 23. 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. 24. 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. 25. Deliveries by the Vendor To The Purchaser on Closing (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; Buyer's Initials~ Seller's Initials. __ _ Page 631 of 688 (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. 26. 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 27. Entire Agreement (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 28. Tender (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. 29. Time of Essence (a) Time shall be of the essence of this Agreement. Buyer's Initials* Seller's Initials. __ _ Page 632 of 688 30. 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. 31. 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: Patrick J. Kraemer 45 Erb Street West Waterloo, ON N2J 4B5 Fax: (519) 886-8651 with a copy delivered to: The Corporation of the Town of Tillson burg ATTENTION: Development Commissioner 204-200 Broadway Tillsonburg, ON N4G 5A7 Fax: (519) 842-9431 Solicitors for the Purchaser: Jenkins & Gilvesy Law Firm ATTENTION: Lisa Gilvesy 107 Broadway PO Box 280 Tillsonburg, ON N4G 4H5 Fax: (519) 842-3394 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. 32. 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. 33. Schedules (a) The following Schedules shall form an integral part of this Agreement: (i) Schedule "A" Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule "C" Restrictive Covenants. 34. 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. Buyer's Initials~ Seller's Initials __ _ Page 633 of 688 35. 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. 36. 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. Buyer's Initials~ Seller's Initials __ _ Page 634 of 688 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at 1':) I ISo<lbv:-3 , Ontario this ~ day of PeceVV\ber· , 2020. ** Per~~D~ Name: C i..~~Sl.\c."' \:>e,,v /I,,... ~ ~ Title.- J.Mle-l:lav-e-au.tb.Qrity 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 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 635 of 688 SCHEDULE "A" -LEGAL DESCRIPTION OF THE PROPERTY 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 part of Block D, Plan M53 TILLSONBURG and to be described by a new reference plan: COO'lOtllllE SCHEDLt£ M.l-~MC•taeM'.ell!CllllC~ .. ~ .... 'nCOilt1Cr'IOl"o Wl.:r.c.PC"\IDT~lktJOMl'Ull'Ar ~~..C'Jll\Mlllll~MIQSC. .. Qlo a'C.lla.2'MIC' FUl'I 41•-....,._ Ir.All tF .st.m£Y (F ?ART CF 131.0Ck D REGISTERED PLAN U-53 TO\\N Of TILLOSNBURC COUNTY OF OXFORO ........... ..,.,,,,,,, tErRt: :::'.:t=::r.?:\~ ..... s:.·.uo kl'fM..G"IS~t3UO.. 51..RVEYCR'S CDmrx;.t.TE ,_,..., llt·=e-~;.;pr;..:.~=---- --- aa~----·--•-ir"..r-.~9:"':".::'it.,.W:::9~ ao~TtJ.WfttOllll'l'f_...,.. ':. ~-..... t:.·~-=- ·-~-:-o.:.;-..:;-:i:=.,~-=--· Seller's Initials ---- Page 636 of 688 SCHEDULE "B" -PURCHASER CONDITIONS 1. The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before the gth day of December, 2020, which terms and conditions are for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser. If the conditions are not fulfilled or waived then the deposit shall be returned and Agreement arising from the offer shall be at an end and all parties released from their obligations: (a) None Buyer's Initials~ Seller's Initials __ _ Page 637 of 688 The Buyer further agrees that: SCHEDULE "C" RESTRICTIVE COVENANTS 1. The final grade and elevations will be established to the satisfaction of the Town; 2. All surface and roof drainage will be controlled on site and taken to an outlet approved by the Town; 3. All necessary provisions for service connections on site will be made to the satisfaction of the Town, or the Tillsonburg Hydro Inc of the Town of Tillsonburg, as the case may be; 4. Construction work will be carried forward expeditiously in a good and workmanlike manner, in accordance with good trade practice and so as to cause a minimum of nuisance; 5. All necessary precautions to avoid dust, noise and other nuisances and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act; 6. All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public highway; 7. Driveways shall be constructed using good engineering practices to the satisfaction of the Town; 8. Upon failure by the Owner to do any act that the public safety or convenience requires, in accordance with this agreement, on reasonable notice, the Town, in addition to any other remedy, may go in and do same at the Owner's expense and collect the cost in like manner as municipal taxes; 9. The Town may treat any breach of this agreement as a breach of the Building By-Law and stop work until the breach is rectified; 10. Nothing in this agreement, any discussions or negotiations constitutes a waiver of the Owner's duty to comply with any by-law and/or Building Permit and/or Building Code of the Town or any other by-law or provincial or federal statute or regulation; 11. The Owner will convey to the Town without charge any easement required by the Town or by the Tillsonburg Hydro Inc; 12. The Owner will do all landscaping provided for in the approved plans. 13. So far as may be, the covenants of the Owner herein shall be restrictive covenants running with the land for the benefit of the adjoining lands of the Town or such of them as may be benefited thereby and shall be binding on the Owner, his or her heirs, executors, administrators, successors and assigns as Owners and occupiers of the said land from time to time. The preceding representations and covenants shall survive closing and shall not merge with closing. 14. This agreement will be registered on the land and shall be the responsibility of the Owner for the cost of registration. The Owner shall provide the Town with a registered copy of same. Buyer's lnitials-jz-Seller's Initials --- Page 638 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize a water and wastewater billing agreement with the County of Oxford and to repeal By-Law 3976. WHEREAS the Town of Tillsonburg is desirous of entering into a water and wastewater billing 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 master services agreement attached hereto as Schedule A forms part of this By-Law; 2. THAT the statement of work attached hereto as Schedule B forms part of this By- Law; 3. THAT By-Law 3976 is hereby repealed in its entirety; 4. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th day of DECEMBER, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 639 of 688 MASTER SERVICES AGREEMENT This Master Services Agreement (the “Agreement”) is entered into as of the 1st day of January, 2021 (the “Effective Date”) between THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Town”), a corporation organized and existing under the laws of Ontario, and COUNTY OF OXFORD (the “County”), a corporation organized and existing under the laws of Ontario. In consideration of the mutual covenants and agreements contained herein, the Town and the County agree as follow: 1. DEFINITIONS Unless otherwise defined herein, capitalized terms used in this Agreement are defined in Section 16.1. 2. SERVICES 2.1 The Town will provide to County the services described in each Statement of Work (collectively, the “Services”) pursuant to the terms and conditions of this Agreement. The scope of the Services may be amended or modified by written agreement of the parties. 2.2 If applicable, the parties acknowledge and agree that the minimum operational requirements (the “Minimum Requirements”) described in each Statement of Work are necessary for the delivery and receipt of the Services. The County agrees that it is responsible for the Minimum Requirements during the Term. 2.3 If applicable, upon payment of the Fees, the County shall have access to the Services for the number of users described in the Hosting Statement of Work. The County shall not (a) allow additional users to access the Services, and (b) share the Service with anyone outside the County. In the event of the County’s breach of this Section 2.3, Town reserves the right to cancel this Agreement pursuant to Section 10.2. 2.4 The use of the Services by the County is limited to normal user activity having regard to the ordinary and usual needs and requirements of the County's respective business and affairs and the "day-to-day" conduct and operation thereof. 2.5 The parties acknowledge that any computer systems of the County which are not being maintained by Town pursuant to this Agreement shall not be supported by Town. 2.6 Town will provide such resources and utilize such employees or consultants as it deems necessary to perform the Services. The manner and means used by Town to perform the Services are in the sole discretion and control of Town. In delivering the Services, Town hereby represents and warrants to the County that: a) it has the right and has obtained and holds all necessary licences, permits, consents and other authorizations in order to enable Town to deliver the Services, including but not limited to any software or other intellectual property licences; b) there are no existing restrictions or constraints on Town's right and ability to deliver the Services in accordance with this Agreement; and c) it has not infringed the rights of any other Persons with respect to the delivery of the Service, and has not received notice of an impending dispute regarding such an infringement. Page 640 of 688 Page 2 of 11 3. FEES AND OTHER CHARGES 3.1 For the Services provided by Town, the County will pay Town the fees set forth in the particular Statement of Work in lawful money of Canada (the “Fees”). 3.2 The Fees payable to Town pursuant to this agreement are exclusive of HST, any sales, use or other taxes or governmental charges. The County is responsible for payment of all such taxes or charges, except for any taxes based solely on Town’s income. 3.3 The County acknowledges that additional professional services may be required as a result of material changes to Solution Scope, which services shall be provided upon receipt of written confirmation from the County and at County’s sole expense in accordance with Town then current fees. For additional services not described in a Statement of Work that are requested in writing by County (“Additional Services”), Town will provide an estimate to County of fees for the Additional Services and County must approve the estimate prior to commencement of Additional Services. 3.4 Other fees not under the control of Town such as third party maintenance or services fees (“Third Party Fees”) will be pass-through costs and any increases in Third Party Fees will be passed through to the County, subject to the County’s prior written approval of such increased costs, acting reasonably. 3.5 On every anniversary of the Effective Date during the Term (each a “Change Date”), the Fees shall escalate by the average of the annual CPI percentage changes in the twelve (12) consecutive months immediately preceding the Change Date (the “Percentage Change”). In the event that the Percentage Change is positive on a Change Date, then the Fees shall be multiplied by the Percentage Change, and the resulting increase shall be added to the Fees and such sum shall be the Fees effective as of that Change Date. The County agrees that said escalated Fees shall thereafter be payable in accordance with Section 4, until the next Change Date. In no event shall the Fees in a given year be less than the Fees for the immediately preceding year. In the event that the CPI information necessary to determine the Percentage Change is unavailable as of a Change Date, County shall continue to pay the Fees it had been paying immediately prior to said Change Date until such information is made available; at that time the Fees shall escalate in accordance with this Section and County shall make a retroactive payment to Town equal to the increase. No subsequent adjustments or re-computations, retroactive or otherwise, shall be made to the CPI due to any revision that may later be made to the first published figure of the CPI for any month. 4. INVOICING AND PAYMENT 4.1 Town will invoice the County in accordance with the invoicing terms as set out in applicable Statement of Work. All Invoices will be due and payable on or before fifteen Page 641 of 688 Page 3 of 11 (15) days after delivery (the “Payment Due Date”). Overdue amounts will accrue simple interest at the rate of one (1%) percent per month (12.56% p.a.). 4.2 If the County’s procedures require that an invoice be submitted against a purchase order before payment can be made, the County will be responsible for issuing such purchase order at least thirty (30) days before the payment due date. 5. INTELLECTUAL PROPERTY RIGHTS 5.1 If applicable, the County will provide Town with access to the Licensed Technology for the sole purpose of allowing Town to perform the Services. The County hereby grants Town a royalty-free, non-exclusive, license to use the Licensed Technology (if any), and all County IP Rights covering such Licensed Technology, solely in order for Town to perform the Services and solely during the term of this Agreement. To the best of its knowledge, County represents that it has obtained all necessary permissions, licenses, consents and has the authority and right to provide such Licensed Technology (if applicable) to Town. 5.2 Except as otherwise set out herein, neither this Agreement, nor the provision of Services hereunder, will give either Town or the County any ownership interest in or rights to the existing IP Rights of the other party. All IP Rights that are owned or controlled by a party at the commencement of this Agreement will remain under the ownership or control of such party throughout the term of this Agreement and thereafter. 5.3 To perfect ownership of Town’s IP Rights, the County assigns to Town all rights that the County may have in the Innovations, and will assist and cooperate with Town in all reasonable respects, subject to reasonable availability, (a) in actions to acquire, transfer or maintain such IP Rights of Town, including executing the customary documents associated therewith, and (b) in actions of enforcement of such Town IP Rights, subject to payment by Town of all costs reasonably incurred by the County that are associated therewith. 5.4 Town acknowledges that the data contained in the database files is the sole property of the County and that the County is free to download the database files at any time for the County’s own use. Town reserves the right to download the database files for maintenance and backup purposes. 6. LIMITED WARRANTIES AND EXCEPTIONS 6.1 Town warrants that the Services provided hereunder shall at all times be performed in accordance with this Agreement and the applicable Statements of Work, in a professional manner, in accordance with customary industry practices, and with the degree of skill and care expected of persons who perform similar services at the time the Services are performed. 6.2 THE WARRANTY IN SECTION 6.1 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY/ MERCHANTABLE QUALITY, REASONABLE SKILL AND CARE, FITNESS FOR USE OR A PARTICULAR PURPOSE, CONTINUAL OR UNINTERRUPTED SERVICE OR Page 642 of 688 Page 4 of 11 NON-INFRINGEMENT, EACH OF WHICH IS EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. 7. INDEMNIFICATION 7.1 Subject to the provisions of Sections 7.2, 8.1, 8.2, and 8.3, Town will indemnify, defend and hold the County and their respective officers, directors, employees, and agents, representatives, successors or assigns (the “County Indemnitees”) harmless from and against any and all claims, liabilities, losses, damages, judgments, liabilities, costs, and expenses including legal fees and disbursements (“Losses”), and any legal fees and expenses relating to its defence, resulting from (i) Town and/or its contractors’ negligent acts or omissions or willful misconduct under this Agreement and/or (ii) any suit or action brought against the County Indemnitees alleging infringement of any third party copyright or trade secret by Town or its contractors resulting from the delivery of the Services to the County. 7.2 If any claim or action is commenced against County Indemnitiees for Losses resulting from such claim or action (a “Claim”), the County will give written notice to Town within twenty (20) days of notice of such Claim. If Town is obligated under this Agreement to indemnity Losses arising from such Claim, then Town may, in is discretion, take control of the defence and investigation of the Claim, using such counsel and other assistance as it selects in its discretion. The County Indemnitiees agree to cooperate in all commercially reasonable respects in such investigation and defence, including trial and any appeals, provided that the County Indemnitiees may also participate, at its own expense, in such defence. No settlement of a Claim that involves a remedy other than payment of money by Town will be agreed to and entered without prior written the consent of the County, which consent will not be unreasonably withheld. 7.3 THE FOREGOING STATES THE CLIENT INDEMNITIIES’ SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO CLAIMS OF INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS OF ANY KIND. 8. LIMITATIONS ON LIABILITY 8.1 IN NO EVENT WILL A PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2 Town shall not be liable for protection or privacy of information transferred through the County’ Indemnitiees’ network provider or for any damages resulting from or related to any failure or delay of Town to provide service under this Agreement, unless caused by Town’s gross negligence or willful misconduct. 8.3 THE AGGREGATE CUMULATIVE LIABILITY OF EACH PARTY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE COUNTY TO TOWN HEREUNDER. Page 643 of 688 Page 5 of 11 8.4 No action, regardless of form, arising from this Agreement may be brought by either party more than two (2) years after the cause of action has accrued. 9. CONFIDENTIALITY AND NON-SOLICITATION 9.1 Except as otherwise expressly provided in this Agreement, each party (the “Receiving Party”) agrees that all Confidential Information provided to it by the other party (the “Disclosing Party”) by any method and in any format whatsoever, whether before or after the Effective Date (collectively, “Confidential Information”), shall be deemed to be confidential and proprietary to the Disclosing Party. The Receiving Party may use such Confidential Information only in connection with and for the purposes of exercising its rights and carrying out its obligations under this Agreement. Each party agrees to use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality of the other party’s Confidential Information. 9.2 In the event that the Receiving Party or any person to whom it discloses the Confidential Information pursuant to the terms of this Agreement becomes legally compelled to disclose any of the Confidential Information, the Receiving Party shall provide the Disclosing Party with prompt written notice so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of this Agreement. In the event that such protective order or other remedy is not obtained, or the Disclosing Party waives in writing compliance with the confidentiality provisions of this Agreement, the Receiving Party or the person legally compelled to disclose the Confidential Information shall furnish only that portion of the Confidential Information that is legally required and the Receiving Party shall use its best efforts to obtain reliable written assurances from the recipients of the Confidential Information that confidential treatment will be accorded such Confidential Information. 9.3 The Receiving Party shall not disclose the Confidential Information of the Disclosing Party without their prior written consent, provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s directors, officers, employees, agents, advisors, consultants and representatives (collectively, “Representatives”), but only to the extent that such Representatives need to have access to such Confidential Information for purposes associated with the performance of this Agreement. Each Receiving Party shall advise each such Representative of the confidentiality obligations set forth in this Agreement. Compliance by each Representative with such confidentiality obligations shall remain the responsibility of the Receiving Party employing or retaining the Representative. Notwithstanding the foregoing, Town may disclose to certain entities, including without limitation the Ontario Energy Board and the Independent Electricity System Operator, such portions of the County’s Confidential Information that Town must disclose in order to perform its obligations under this Agreement. 9.4 Town shall comply with all applicable federal, provincial and municipal legislation and policies in relation to privacy, including without limitation as and when applicable to Town, the Personal Information Protection and Electronic Documents Act (Canada), Municipal Freedom of Information and Protection of Privacy Act and Freedom of Information and Protection of Privacy Act. Each party shall immediately inform the other Page 644 of 688 Page 6 of 11 party of any actual or suspected Privacy and Security Event (as defined below). In the event of any such Privacy and Security Event, each party shall provide all necessary co- operation and assistance requested by the other party in relation to the parties’ respective obligations under applicable law including without restriction with respect to notification of customers regarding any such Privacy and Security Event. Each party shall develop, maintain and follow processes and procedures to detect, address and remedy Privacy and Security Events. Upon becoming aware of any Privacy and Security Event, the parties shall each take prompt and appropriate steps to remedy and minimize the effects of such Privacy and Security Event. For the purposes of this Section 9.4, “Privacy and Security Event” means a theft, loss or unauthorized access, collection, use, disclosure, alteration, copying, distribution, disposal or other compromise of Confidential Information. 9.5 Upon termination of this Agreement, Town shall immediately return to the County all of its Confidential Information upon written request. 9.6 During the term of this Agreement and for a period of one (1) year thereafter the County shall not, without the prior written consent of Town, hire (i) any employee of Town, or (ii) any person who was an employee of Town during the previous six (6) months, who was directly involved with the implementation and maintenance of the Services. Page 645 of 688 Page 7 of 11 10. TERM AND TERMINATION 10.1 This Agreement shall commence on the Effective Date and shall remain in full force and effect for a period of Five (5) years (the “Initial Term”), subject to earlier termination as provided for in this Agreement. This Agreement will automatically be renewed for successive one (1) year periods unless either party provides the other party with no less than one hundered and eighty (180) days written notice prior to the end of the initial term or applicable renewal period (each, a “Renewal Period” and collectively with the Initial Term, the “Term”). 10.2 Subject to Section 10.3 below, this Agreement may be terminated by either party: (a) for any reason, upon one hundred and eighty (180) calendar days’ prior written notice to the other party, or (b) upon thirty (30) days’ prior written notice if the other party materially breaches or fails to perform any material term hereof and the breaching party fails to cure such breach within the thirty (30) day period, or (c) immediately in the event of bankruptcy or insolvency by the other party. 10.3 Notwithstanding Section 10.2, Town may terminate the Agreement immediately if (i) the County fails to pay an invoice within sixty (60) days of the Payment Due Date, or (ii) the County breaches Section 2.3. 10.4 Upon termination by the County pursuant to Section 10.2(a) or upon termination pursuant to Sections 10.2(b) and 10.3 as a result of the County’s breach of this Agreement, the County shall pay the Provider fifty (50%) percent of the Remaining Contract Amount, in immediately available funds, within thirty (30) days of the termination. 10.5 Upon the termination of the Agreement for any reason, the County will be responsible for entering into new arrangements related to the services contemplated herein. Town will use commercially reasonable efforts to assist with transferring the County to a new service provider and the County agrees to pay Town’s then current rates for such work (including, but not limited to, programming and file transfers). 10.6 Each party’s obligations under Sections 4, 5, 6, 7, 8, 9, 10.4, 11, 12, 14 and 16.3 of the Agreement will survive termination or expiration of the Agreement. Within thirty (30) days of termination of this Agreement for any reason, Town will submit to the County an invoice for any fees or expenses accrued and unpaid under this Agreement prior to the date of such termination. 11. INDEPENDENT CONTRACTORS Town will perform the Services as an independent contractor, and nothing contained in this Agreement will be construed to create or imply a joint venture, partnership, principal- agent or employment relationship between the parties. Neither party will take any action or permit any action to be taken on its behalf that purports to be done in the name of or on behalf of the other party and will have no power or authority to bind the other party to assume or create any obligation or responsibility express or implied on the other party’s behalf or in its name, nor will such party represent to any one that it has such power or authority. 12. GOVERNING LAW This Agreement will be governed by the procedural and substantive laws of the Province of Ontario, without regard to conflicts of laws principles. This Agreement is prepared and Page 646 of 688 Page 8 of 11 executed and will be interpreted in the English language only, and no translation of the Agreement into another language will have any effect. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from and will not apply to this Agreement. 13. LANGUAGE It is hereby agreed that both parties specifically require that this Agreement and any notices, consents, authorizations, communications and approvals be drawn up in the English language. Il est convenu par le authori acte que les deux parties exigent que ce contrat et tout avis, consentement, authorisation, communication et approbation soient rédigés en langue anglaise. 14. DISPUTE RESOLUTION 14.1 The parties will attempt in good faith to resolve any dispute arising in connection with this Agreement informally according to the following procedure. Upon written request of a party identifying a dispute to be resolved, each party will designate a management representative with the responsibility and authority to resolve the dispute. The designated management representatives will meet preliminarily within fifteen (15) days after the request is received from the requesting party. At this first meeting, the designated management 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. 14.2 Nothing in this Section 14 will restrict the right of either party to apply to a court of competent jurisdiction for injunctive relief or damages at any time. However, the right of either party to file a lawsuit does not abrogate each party’s obligations under Subsection 14.1. Moreover, a party that elects to file a lawsuit will provide the written notice identified in Subsection 14.1 to the other party at the same time the lawsuit is filed with a court. 15. FORCE MAJEURE Notwithstanding any other provision herein, neither party shall be liable for any delay in performance or non-performance of any of its obligations under this Agreement (other than an obligation to pay money) if such delay or non-performance is due to any cause beyond its control including but not limited to any act of God, flood, drought, lightning or fire, labour lockout, labour dispute (other than a trade dispute affecting the party claiming force majeure), war, terrorist act, military operations or riot (“Force Majeure Event”). If either of the parties shall become aware of a Force Majeure Event which gives rise to or which is likely to give rise to any such failure or delay to perform its obligations under this Agreement, it shall immediately give written notice to the other party and shall inform the other party of the period of time which it is estimated that such failure or delay shall continue. The parties shall, as soon as reasonably practicable following such notification, discuss all of the implications of the Force Majeure Event and use their best efforts to Page 647 of 688 Page 9 of 11 agree to a plan to remedy or overcome any problems arising from the Force Majeure Event. 16. MISCELLANEOUS 16.1 Capitalized Terms. The following definitions apply to the capitalized terms used in this Agreement that are not otherwise defined: a) “Confidential Information” means any information written or otherwise disclosed in any medium by one party to the other under this Agreement and marked or otherwise designated as “Confidential” or clearly by its nature is likely to be confidential. However, Confidential Information will not include any information of a party that: (a) is or becomes a part of the public domain through no act or omission of either party or otherwise available to the public other than by breach of this Agreement; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party without access to the Confidential Information. b) “CPI” means the consumer price index for “All Items” published or established by Statistics Canada (or its successor) in relation to the Province of Ontario. c) “Effective Date” means the date set out at the beginning of the Agreement. d) “Town Technology”, means Town’s proprietary information, methodologies and materials, software tools, computer programs and interfaces and their documentation, computer languages, methods, design flows, libraries, algorithms, databases and templates. e) “Innovations” means any invention, development or innovation conceived or developed in the course of performance of the Services, including, but not limited to, information, methodologies and materials, tools (including software tools), computer programs and interfaces and their documentation, computer languages, methods, design flows, libraries, algorithms, databases, encoding techniques, articles, writings, compositions, works of authorship and modifications thereof. f) “IP Rights” means all intellectual property rights, including patents, copyrights, trademarks (including service marks), trade secrets, and design rights, whether registered or unregistered, including any application for registration of any of the foregoing and all Page 648 of 688 Page 10 of 11 rights or forms of protection of a similar nature of having equivalent or similar effect to any of these, that may subsist anywhere in the world. g) “Licensed Technology” means the materials and technology (if any) owned, controlled or otherwise provided by the County (including Third Party Technology) that Town reasonably requires access to in order to perform the Services. h) “Statement of Work” shall mean a description of work and services to be performed pursuant to this Agreement, which is agreed to in writing by and between Town and County, and attached as an exhibit to this Agreement. i) “Third Party Technology” means such third party information, materials and technology, and the IP Rights therein, as are routinely used by the County, as of right, and as Town reasonably requires access to in order to perform the Services. 16.2 Notices. Notices to be given or submitted by either party to other pursuant to this Agreement will be in writing and directed: in the case of the County, to: County of Oxford Attention: Director of Corporate Services 21 Reeve Street, Woodstock, ON N4S 3G1 in the case of the Town, to: The Corporation of the Town of Tillsonburg Attention: 200 Broadway Tillsonburg, ON N4G 5A7 16.3 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable for any reason, it will be adjusted rather than voided, if possible, to achieve the intent of the parties to extent possible. In any event, all other terms and provisions will be deemed valid and enforceable to the maximum extent possible. 16.4 Entire Agreement. The County acknowledges that it has read, understands and will be bound by this Agreement, and that this Agreement is the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof, superseding all proposals, oral or written, and all other communications between the parties relating to such subject matter. 16.5 Amendment. Any terms and conditions of any purchase order or other instrument issued by the County in connection with the Agreement that are in addition to or inconsistent with the terms and conditions of this Agreement will be of no force or effect. Page 649 of 688 Page 11 of 11 This Agreement may be modified only by a written instrument duly executed by an authorized representative of each of Town and the County. 16.6 No Waiver. The failure of a party to enforce any provision of this Agreement will not constitute a waiver of such provision or the right of such party to enforce such provision or any other provision. 16.7 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. 16.8 Counterparts. This Agreement may be executed in any number of counterparts, and/or by facsimile or e-mail transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument. Any Party executing this Agreement by fax or Adobe Acrobat file shall, immediately following a request by any other Party, provide an originally executed counterpart of this Agreement provided, however, that any failure to so provide shall not constitute a breach of this Agreement except to the extent that such electronic execution is not otherwise permitted under the Electronic Commerce Act, 2000 (Ontario). In Witness Whereof, the parties hereto have executed this Agreement as of the Effective Date. COUNTY OF OXFORD: Signature: _______________________ Date: December , 2020 Name: Michael Duben Title: Chief Adminstrative Officer Signature: _______________________ Date: December , 2020 Name: Lynn S. Buchner Title: Director of Corporate Services THE CORPORATION OF THE TOWN OF TILLSONBURG: Signature: _______________________ Date: December , 2020 Name: Title: Signature: _______________________ Date: December , 2020 Name: Title: Page 650 of 688 Confidential 1 STATEMENT OF WORK WATER & WASTEWATER BILLING AND RELATED SERVICES County of Oxford Table of Contents Table of Contents .................................................................................................................................. 1 1. Introduction ..................................................................................................................................... 2 Related Documents ............................................................................................................................... 2 3. Service Description ......................................................................................................................... 2 3.1. Areas within Scope .................................................................................................................. 2 3.2. Areas out of Scope .................................................................................................................. 3 4. Assumptions and Constraints .......................................................................................................... 4 4.1. Assumptions ............................................................................................................................ 4 5. Achievement of Service Levels ........................................................................................................ 4 6. Fees & Payment Schedule .............................................................................................................. 5 6.1. Fees ........................................................................................................................................ 5 6.2. Payment Schedule .................................................................................................................. 5 7. Term & Termination of SOW ........................................................................................................... 5 8. SOW Acceptance ............................................................................................................................ 5 Page 651 of 688 Confidential 2 1. Introduction This Statement of Work (“SOW”) is issued in respect to the ongoing Water & Wastewater Billing, Call Center & Collections Services being provided by Town of Tillsonburg (“Town”) for the Oxford County (“County”). 2. Related Documents This Statement of Work is entered into pursuant to a Master Agreement made between the County of Oxford (“County”) and Town of Tillsonburg (“Town”) dated January 1, 2021 In the event of any inconsistency between the terms and conditions of the Master Agreement and the terms and conditions of this SOW, the terms and conditions of the Master Agreement will prevail except in relation to a provision in the SOW that specifically identifies a conflicting provision of the Master Agreement and states that the conflicting provision of the Master Agreement does not prevail. 3. Service Description 3.1. Areas within Scope The services to be provided by Town include: 1. Hosting, Licensing, Support & Disaster Recovery of the following Systems: a. Customer Information System b. Web Presentment Solution c. Document Management Solution d. Water Access web tool 2. Billing of Metered and Flat Rate Water and Wastewater on a monthly basis as per County approved rates 3. Collection for active and finalized accounts in accordance with the County’s “Receivable Management” policy as reviewed and understood by Town. Current process includes the following: a. IVR call 4 days after due date b. IVR call and Reminder Notice 9 days after due date c. Personal phone call 16 calendar days after due date. If no phone number available, notice delivered by County to premise d. Issuance of notice to County for disconnection 4. Prepare and issue all relevant service orders to the County or its designate for processing 5. Maintenance of water meter information in the CIS system 6. Implementation and testing of rates 7. Call center services for billing, inclusive of being the initial point of contact for: a. final readings and issuing service orders as required b. dirty water and issuing service orders as required Page 652 of 688 Confidential 3 c. rate inquiries and escalating to the County if required d. high consumption concerns and issuing service orders as required e. processing of payment deferrals as per County and Town approved procedures f. leaking water meters and notifying the County or its designate as required g. Any miscellaneous water calls and escalating where required 8. Providing monthly statistic reports to the County by the 15th of the following month 9. Providing access to water website which will provide: consumption data, high usage complaints, billing & payment history 10. Providing quarterly statistics of water consumption for wastewater use to the County By-Law Enforcement Officer 11. Providing water statistics to support reporting requirements under Ontario Regulation 450/07, Ontario Water Resources Act. Such report to be issued before February 28th of each calendar year 12. Inserting of one notice per year (as per Town specifications and supplied by the County). Additional inserts can be included at an added cost as quoted. 13. Warehousing of Water Meters and the associated radio read equipment for the Tillsonburg area. Fees shall be collected by Town and submitted to the County with the monthly remittances. 14. Provide electronic file for meter reading at least 2 business days in advance of the schedule meter reading schedule in a format specified for meter reader. The County and Town will work to establish a mutually agreeable reading schedule. 15. The customer bill must include consumption and billing rate by tier. In the event that this produces a multi-page bill, incremental fees shall apply in accordance with the rate schedule. 16. Providing monthly accounts receivable aging report by account. Town will make best efforts to include date of last payment and indicator of a payment arrangement on record. 17. Project Management, inclusive of: a. Regular conference calls with the County b. Quarterly meetings to review service quality If any of the above cannot be met, the Town shall communicate to waterbilling@oxfordcounty.ca immediately. 3.2. Areas out of Scope • Field Service Work, including but not limited to Water Meter Maintenance, Meter Reading, Collections Notice Delivery or further customer onsite visits The following elements are considered outside of Scope for this agreement, however would be available as an additional service if requested. • Creation of added interfaces • Creation of or modification of reports not previously identified • Inclusion of added inserts • Special customer communications Page 653 of 688 Confidential 4 4. Assumptions and Constraints 4.1. Assumptions The Services and fees for this engagement are based upon the following assumptions: 1. Any items not explicitly identified within the SOW are considered out of scope. Any changes to those responsibilities and/or deliverables will be considered a change in scope for the engagement. Any proposed change to the engagement scope must be in written format and with signed approval. 2. This engagement will continue to have, the support of senior County staff and will be assigned sufficient priority to ensure its ongoing success. 3. County lead for single point of contact will be waterbilling@oxfordcounty.ca. 4. Town hours of operation are 8:00am – 5:00pm, Monday to Friday, excluding Statutory Holidays 5. 5 users will be provided access to Town’s web tool 5. Achievement of Service Levels If the Town fails to meet any Service Level and upon request by the County, the Town shall promptly perform a root-cause analysis to identify the cause of such failure, at no additional cost to the County. The Town shall be relieved of service level expectations to the extent of any delay or other failure to stratify such service levels resulting from (i) a force majeure condition as defined in the Agreement, (ii) circumstances and causes that are beyond Town’s reasonable control such as software bugs and (iii) they County’s failure to satisfy its obligations under this SOW after having received written notice and a reasonable opportunity to correct the failure. If the service expectations are not being met, or if either party has issues related to the Agreement or service delivery in general, the following escalation procedures will apply: Stage County Participant Town Participant 1 Amy Vesprini 2 Carolyn King 3 Lynn Buchner Ian McKenzie Page 654 of 688 Confidential 5 6. Fees & Payment Schedule 6.1. Fees The fees for services outlined in this SOW shall be as follows: Fees per Bill: Service Area Customers/Bill Tillsonburg $3.51 The County will not be charged for billing adjustments or extra billings for reasons within the Town’s control. A billing discount of $0.20 per e-bill will apply for all County customers who only receive an electronic bill. In addition, a discount of $0.05 will apply for customers who pay using pre-authorized payments or PAP. The following terms apply to the Fees: • All fees and rates are in Canadian dollars. • All applicable taxes are extra. 6.2. Payment Schedule Town shall remit to the County monthly billed revenues by the 15th business day of the following month. Town will provide their Accounts Receivable balance at the end of the month in accordance with section 3.1.16 of this SOW. An invoice will be submitted outlining the services rendered for the period. Payment does not include interest revenues received for overdue water and wastewater billing accounts as interest revenues are intended to recover collection costs for the Town. 7. Term & Termination of SOW This Statement of Work shall follow the provisions as set out in the Master Agreement 8. SOW Acceptance ACCEPTED AND AGREED: ACCEPTED AND AGREED: TOWN OF TILLSONBURG COUNTY OF OXFORD By: ______________________ By: _____________________________ Name: _____________________________ Name: Michael Duben Title: _____________________________ Title: Chief Administrative Officer Date: _____________________________ Date: November 26, 2020 I have authority to bind the Corporation. I have authority to bind the Corporation. Page 655 of 688 Confidential 6 By: _____________________________ Name: Lynn Buchner Title: Director of Corporate Services Date: November 26, 2020 I have authority to bind the Corporation. Page 656 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to provide a schedule of fees for certain municipal applications, services and permits. WHEREAS Section 39(1) of the Municipal Act, S. O. 2001, c. M. 25, as amended, provides that without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and for the use of its property including property under its control; WHEREAS it is necessary and expedient to establish a schedule of fees for certain municipal applications, services and permits; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule "A" to this By-Law is adopted as the schedule of fees for certain municipal applications services and permits listed therein. 2. THAT Should the provisions of any other By -Law of the Town of Tillsonburg or other document purporting to set the fees listed in Schedule "A" be in conflict with the provisions of this By -Law, the provisions of this By-Law shall prevail. 3. THAT Schedule "A" to this By-Law forms part of this By-Law as if written herein. 4. THAT this By-Law shall come into full force and effect on the day of its passing. 5. THAT By-Law 2020-001 passed on the 13th of January, 2020 shall be hereby repealed. READ A FIRST AND SECOND TIME THIS 14th day of DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS __th day of JANUARY, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 657 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxAnimal ControlBoarding Fee Cat 25.00 25.00 0%HSTBoarding Fee Dog 25.00 25.00 0%HSTCall out fee for service 110.00 110.00 0%HSTDog license - spayed or neutered before Feb 28 (discounted) 17.00 17.00 0%ExemptDog license - spayed neutered after Feb 28 35.00 37.00 6% ExemptDog license - intact - before Feb 28 (discounted) 22.00 22.00 0%ExemptDog license - intact - after Feb 28 40.00 42.00 5% Exempt2022 Dog license - spayed or neutered before Feb 28 (discounted) 17.00 20.00 18%Exempt2022 Dog license - intact before Feb 28 (discounted) 22.00 25.00 14%ExemptNew Dog licence - spayed or neutered N/A 20.00 NEW ExemptNew Dog licence - intact N/A 25.00 NEW ExemptCat license - spayed or neutered before Feb 28 (discounted) 15.00 15.00 0%ExemptCat license - spayed neutered after Feb 28th 20.00 22.00 10%ExemptCat license - intact - before Feb 28th (discounted) 20.00 20.00 0%ExemptCat license - intact - after Feb 28th 25.00 27.00 8%Exempt2022 Cat license - spayed or neutered before Feb 28 15.00 17.00 13%Exempt2022 Cat license - intact - before Feb 28 20.00 22.00 10%ExemptNew Cat licence - spayed or neutered N/A 17.00 NEW ExemptNew Cat licence - intact N/A 22.00 NEW ExemptCat/dog license - replacement 5.00 6.00 20%ExemptEuthanasia and Disposal - Cat 60.00 60.00 0%HSTEuthanasia and Disposal - Dog 80.00 80.00 0%HSTLive Trap Placement 110.00 110.00 0%HSTMuzzle Order Appeal 200.00 220.00 10%ExemptBy-law EnforcementInvoice admin processing fee 255.00 270.00 6%HSTIssue Order 130.00 150.00 15%HSTRe-issuance of Permit/License/Document 50.00 50.00 0%ExemptFortification By-Law Exemption Application - single family dwelling or not-for- 150.00 150.00 0%HSTFortification By-Law Exemption Application - Multi-Residential, Commercial, 400.00 400.00 0%HSTProperty Standards Appeal 360.00 380.00 6%ExemptNoise By-Law Exemption Permit - Minor 250.00 250.00 0%ExemptNoise By-law Exemption Permit - Major 375.00 375.00 0%ExemptBuilding - FeesBuilding - photocopies - larger than ledger 3.00 3.00 0%HSTBuilding Certificate 55.00 55.00 0%ExemptBuilding Certificate - urgent request - less than 5 business days NEW 75.00 NEWExemptPermit fees - amend existing permit 55.00 60.00 9%Permit Review Fee - major amendment to existing permit 51.00 51.00 0% HST1Page 658 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxBuilding - FeesResidential – New Low Density - Single Detached & Townhouses Minimum permit fee $2,373.00OR$133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Minimum permit fee $2,500.00OR$133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptResidential – Mobile Homes, Low Density, Medium Density, High Density, Additions, Alterations, etc. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI – New $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI Major Alterations/Renovations/Additions(> 75,000) $1,058.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $1,058.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees included Reduced per/$1000 rate - (9.4%)ExemptICI Minor Alteration/Renovations/Additions($75,000 or less) $265.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included $265.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction.- plumbing permit fees includedReduced per/$1000 rate - (9.4%)ExemptDecks, Sheds, Accessory Buildings, Pools, etc. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction. $133.00 Flat Rate + $10.63 per each additional $1000.00 in value of construction. 9% ExemptPart 9 Residential Demolition 133.00 133.00 0%ExemptDemolition – all others 530.00 530.00 0%ExemptWater Connection, Sewer Connection or repair 133.00 133.00 0%ExemptChange of Use Permit (no construction) 265.00 265.00 0%ExemptConditional Permit Agreement 265.00 265.00 0%ExemptAlternative Solution Review 530.00 + cost of peer review 530.00 + cost of peer review ExemptOccupant Load Inspection Analysis & Report 80.00/hr 80.00/hr ExemptAGCO Agency Approval 80.00 80.00 0%ExemptRe-inspection 80.00 80.00 0%ExemptIssue Order 130.00 150.00 15%Exempt2Page 659 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxTransfer Permit 107.00 107.00 0%ExemptConstruction w/o Permit Double the initial permit rate Double the initial permit rate 0% ExemptSignsPermit fees - signs - permanent a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of a) $100.00 first $1,000.00 of estimated value of construction plus b) $7.00 per each additional $1,000.00 or part there of Increase per/$1000 rateExemptPermit fees - signs - mobile 30.00 30.00 0%ExemptPermit fees - sign - construction/placement without a permit double initial permit fee double initial permit fee 0%ExemptSign Variance - Minor Variance - Director Approval 275.00 280.00 2%ExemptSign Variance - Major Variance - Council Approval 400.00 420.00 4%ExemptSign Variance - Appeal Application 275.00 280.00 2%ExemptSign Variance - after the fact 1.5 the initial application rate 1.5 the initial application rate 0% ExemptSign Removal - General 125.00/sign 125.00/sign 0%HSTSign Removal - Mobile Sign 280.00 290.00 4%HSTSign Removal - Posters 25.00/ea + cost to repair any damage to public property 25.00/ea + cost to repair any damage to public property 0% HSTSign Removal - Temporary Signs 25.00/ea 25.00/ea 0%HSTSign Removal - A-Frame/Sandwich Board/Sidewalk Signs 100.00/ea 100/ea 0%HSTSign Removal - Banner Sign 250.00/ea 250.00/ea 0%HSTPermit fees - temporary buildings 2,000.00 2,000.00 0%ExemptPermit fees - transfer of permit 56.00 56.00 0% ExemptBuilding LicencesTaxi Cab Driver's Licence 35.00 35.00 0% ExemptTaxi Cab Owner Stand 125.00 125.00 0% ExemptTaxi Cab Owner Licence 50.00 50.00 0% ExemptTaxi Cab Vehicle Licence 65.00 65.00 0% ExemptGroup Transportation Owner Licence 50.00 50.00 0%Group Transportation Drivers Licence 35.00 35.00 0%Group Transportation Vehicle Licence 75.00 75.00 0%Group Transportation Vehicle Licence Renewal 50.00 50.00 0%Limousine Driver's Licence 65.00 65.00 0% ExemptLimousine Owner Licence 70.00 70.00 0% ExemptLimousine Vehicle Licence 72.00 72.00 0%Exempt3Page 660 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxKennel - new 100.00 100.00 0% ExemptKennel - renewal 100.00 100.00 0%ExemptClerk Issued Documents -LicencesBusiness Licence New Business 140.00 140.00 0%ExemptHome occupation Business 140.00 140.00 0%ExemptBusiness Licence per yearAuctioneer Licence 205.00 205.00 0%ExemptPawnbroker Licence - renewal 65.00 65.00 0%ExemptPawnbroker Licence - new 205.00 205.00 0%ExemptPawnbroker Security Deposit - refundable 2,000.00 2,000.00 0%ExemptVending/Salesperson Licence 205.00 205.00 0%ExemptFood Vending Licence 205.00 205.00 0%ExemptEvent Organizer Licence 205.00 205.00 0%ExemptOther Marriage Licence 130.00 130.00 0%ExemptMarriage Ceremony - Council Chambers 250.00 250.00 0%HSTMarriage Ceremony - Other Location (plus applicable mileage) 300.00 300.00 0%HSTWitness if required 25.00 25.00 0%HSTBurial Permits 20.00 20.00 0%ExemptPhotocopying/ Printing double sided 0.55 0.55 0% HSTPhotocopying/ Printing single sided 0.50 0.50 0% HSTCommissioner of Oaths - per document type 20.00 20.00 0%noneRegister Document on Title 250.00 275.00 10%ExemptRemove/Release Document from Title 250.00 275.00 10%ExemptTitle Search 75.00 75.00 0%ExemptFreedom of Information Request (FOI) - Initial Fee 5.00 5.00 0%Exempt4Page 661 of 688 Building-Bylaw-Clerks-PlanningItem 2020 Fee Proposed 2021 Fee % Change TaxPlanning & DevelopmentCash-in-lieu of parkland (low density residential consents) 1,000.00 3,500.00 250%ExemptPlanning Application - Minor Variance 950.00 1,050.00 11%ExemptPlanning Application - Minor Variance - after the fact 1,900.00 2,100.00 11%ExemptPlanning Application - Site Plan - Minor 515.00 550.00 7%ExemptPlanning Application - Site Plan - Minor - after construction 1,030.00 1,100.00 7%ExemptPlanning Application - Site Plan - Major 1,050.00 1,300.00 24%ExemptPlanning Application - Site Plan - Major - after construction 2,100.00 2,600.00 24%ExemptPlanning Application - Site Plan - Amendment Application 515.00 550.00 7%ExemptPlanning Application - Site Plan - Amendment Application after-the-fact 1,030.00 1,100.00 7%ExemptSite Plan Application - 3rd & subsequent submissions 515.00 550.00 7%ExemptSite Plan Agreement Administration Fee (includes registration on title) 515.00 550.00 7%ExemptPlanning Application - Zone Change- prior to use 1,250.00 1,350.00 8%ExemptPlanning Application - Zone Change- after use has occupied 2,500.00 2,700.00 8%ExemptPlanning Application - Zoning - Removal of (H) 260.00 275.00 6%ExemptSubdivision Certificate 60.00 60.00 0%ExemptZoning Certificate 55.00 55.00 0%ExemptZoning Certificate - urgent request - less than 5 business days NEW 75.00 NEW ExemptCivic Addressing - Readdressing 100.00 125.00 25%ExemptLand Division (severance) Clearance Letter 55.00 75.00 36%ExemptSeverance Agreement 1,025.00 1,100.00 7%ExemptPlanning - Preserving Agreement Administration fee 1,550.00 1,700.00 10%HSTSubdivision Agreement Administration Fee 1,550.00 1,750.00 13%HSTSubdivision Drawing Review (per lot) 105.00 105.00 0%ExemptSubdivision Drawing Review Fee (per lot) - 3rd submission & thereafter 52.50 52.50 0%ExemptEngineering Inspection Fee 175.00 175.00 0%ExemptStorm Water Management Pond Review 525.00 525.00 0%ExemptEncroachment Agreement Fee 1,350.00 1,350.00 0%ExemptEncroachment Permit Fee 25.00 25.00 0%HSTEasement Research Request 115.00 115.00 0% ExemptEngineering Certificate Request 115.00 115.00 0% Exempt5Page 662 of 688 FinanceItem 2020 Fee Proposed 2021 Fee % Change Tax UnitCorporatePhotocopying/ Printing double sided 0.55 0.55 0%HSTper pagePhotocopying/ Printing single sided 0.50 0.50 0%HSTper pageInterest on overdue accounts1.25%1.25%0%HSTper monthTax DepartmentTax certificate50.00 50.00 0%ExempteachTax registration service costs3,000.00 3,000.00 0%ExempteachTax Bill reprint10.00 10.00 0%ExempteachTax receipt 10.00 10.00 0%ExempteachPayment Redistribution15.00 15.00 0%ExempteachWater/Sewer Admin Charge45.00 45.00 0%ExempteachTax Statement (Paper Copy Only) 10.00 10.00 0%exempteachCorporateNSF Fee35.00 35.00 Exempteach6Page 663 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitCommunity Centre - AquaticsAquafit - 10 passes 53.55 56.25 5%HST10 passesAerobics - 10 passes 53.55 56.25 5%HST10 passesAerobics / Fitness (1/2 hour class) - 10 passes 28.15 newHST10 passesAquafit - 20 passes 84.75 90.00 6%HST20 passesAerobics - 20 passes 83.05 90.00 8%HST20 passesAerobics / Fitness (1/2 hour class) - 20 passes 45.00 newHST20 passesAerobics - 5 passes 37.70 38.45 2%HST5 passes30 minute Swimming Lesson 55.70 56.80 2%Exempt8 lessons45 minute Swimming Lesson 59.00 60.20 2%Exempt8 lessons60 minute Swimming Lesson 62.20 63.45 2%Exempt8 lessons30 minute Swimming Lesson 7.10 newExemptper lesson45 minute Swimming Lesson 7.50 newExemptper lesson60 minute Swimming Lesson 7.95 newExemptper lessonBronze Star 63.65 64.90 2%HSTcourseBronze Medallion 79.05 80.65 2%HSTper courseBronze Cross 79.05 80.65 2%HSTper courseFirst Aid 100.00 102.00 2%HSTper courseFirst Aid Recert 70.00 71.40 2% HST per courseNational Lifeguard 218.60 223.00 2%HSTper courseNational Lifeguard Recert 52.00 53.05 2%HSTper courseAssistant Swimming Instructors School 67.40 68.75 2%HSTper courseAdditional Fee 27.85 28.40 2%HSTper courseSwim for Life Instructors School 106.25 108.40 2%HSTper courseLifesaving Instructors 106.70 108.40 2%HSTper courseSwim/Lifesaving Instructors 218.60 223.00 2%HSTper coursePrivate Lessons (14+ years) 114.65 116.95 2%HST6 classesPrivate Lessons 114.65 116.95 2% Exempt 6 lessonsPrivate Lessons (14+ years) 20.00 newHSTper lessonPrivate Lessons 20.00 newExemptper lessonLifesaving Sport Fundamentals 7.55 newExemptper lessonSwim Synchro Swimming Lessons 7.55 newExemptper lessonSynchronized Swimming Team 505.10 515.20 2%Exempt9 MonthsFirst Aid Instructor 107.20 109.35 2%HSTper courseNational Lifeguard Instructor 153.90 157.00 2%HSTper courseExaminer Standards/Advanced Instructors 38.65 39.40 2%HSTper courseCommunity Centre - classes, courses, and campsBabysitting Course 55.20 56.30 2%Exempt8hr courseBus Trip - Adults 175.00 175.00 0% HSTBus Trip Adults 95.00 95.00 0%HSTeachBus Trip 80.00 80.00 0%HSTeachBus Trip 85.00 85.00 0%HSTeachBus Trip 90.00 90.00 0%HSTeachBus Trip 95.00 95.00 0%HSTeachBus Trip 100.00 100.00 0%HSTeach7Page 664 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitBus Trip 105.00 105.00 0%HSTeachBus Trip 110.00 110.00 0%HSTeachBus Trip 115.00 115.00 0%HSTeachBus Trip 120.00 120.00 0%HSTeachBus Trip 125.00 125.00 0%HSTeachBus Trip 130.00 130.00 0%HSTeachBus Trip 135.00 135.00 0%HSTeachBus Trip 140.00 140.00 0%HSTeachBus Trip 145.00 145.00 0%HSTeachBus Trip 150.00 150.00 0%HSTeachBus Trip 155.00 155.00 0%HSTeachBus Trip 160.00 160.00 0%HSTeachBus Trip 165.00 165.00 0%HSTeachBus Trip 170.00 170.00 0%HSTeachBus Trip 175.00 175.00 0%HSTeachYouth Program 30 min class 6.35 newExemptper lessonYouth Program 45 min class 10.20 newExemptper lessonYouth Program 60 min class 11.65 newExemptper lessonTeen Program 30 min 6.35 newHSTper lessonTeen Program 45 min 10.20 newHSTper lessonTeen Program 60 min 11.65 newHSTper lessonFloor Gymnastics 9.50 newExemptper lessonKarate - Kids Karate 5.15 newExemptper lessonKarate - Tiny Tigers 4.15 newExemptper lessonWorkshops - 1/2 day 27.55 28.10 2%HSTWorkshops - Specialty Course 82.80 84.85 2%HSTWorkshops - 8 hours 110.35 112.55 2%HSTYouth Camp - week 140.90 143.75 2%ExemptweekYouth Camp day 35.00 35.70 2%ExemptdailyYouth Camp Lunch 6.00 6.00 0%ExempteachYouth Camp Special 194.45 198.35 2%ExemptweekYouth Camp - short week 113.60 115.90 2%ExemptCancellations less than 24 hours notice 70% of registration 70% of registration 0%Community Centre - EventsCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 95.95 97.85 2%HSThourArena - Weekdays after 5pm & weekends 178.30 181.85 2%HSThourArena - Minor 125.25 127.75 2%HSThourArena - Shinny 5.80 5.90 2%HSTper personArena - Ice Flat Rate 433.00 441.65 2%HSTper dayArena Floor - Commercial 2,281.65 2,327.30 2%HSTper dayArena Floor - Full Use 1,719.15 1,753.50 2%HSTper dayArena Floor - Flat Fee (no set up) 562.45 573.70 2%HSTper dayArena Floor - Chilled Floor (additional fee) 2,164.85 2,208.15 2%HSTper dayArena Floor - Hourly League Fee 69.45 70.85 2%HSTper hourArena Floor - Set up Day/Tear Down Day 859.55 876.75 2%HSTper day8Page 665 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitArena Storage Room A 27.00 27.55 2%HSTper monthArena Storage Room B 16.25 16.60 2%HSTper monthArena Storage Room C 5.60 5.71 2%HSTper monthArena - Mini Practice Rink 46.20 47.10 2%HSThourAuditorium - Friday or Saturday 541.20 552.00 2%HSTper dayAuditorium - Sunday - Thursday 302.45 308.50 2%HSTper eveningAuditorium - Hourly 61.10 62.30 2%HSTRoom Set up & Decorating Fee (Day before) 113.55 115.80 2%HSTBall Diamond - Occasional Use 81.20 82.80 2%HSTper dayBall Diamond - Seasonal Youth Team 81.20 82.80 2%HSTBall Diamond - Seasonal Team Practice 286.50 292.25 2%HSTper teamBall Diamond - Seasonal Adult Team 472.25 481.70 2%HSTper teamBall Diamond - 2-day Tournament (Annandale Diamonds) 557.10 568.25 2%HST2 daysBall Diamond - Tournament per diamond per day 81.20 82.80 2%HSTper diamond/dayBall Diamond - portable washrooms - 1 day tournament 212.25 216.50 2%HST2 unitsBall Diamond - portable washrooms - 2 day tournament 265.30 270.60 2%HST2 unitsTractor with Groomer - Prep Friday 80.70 82.30 2%HSTper eventTractor with Groomer - Prep Saturday 40.40 41.20 2%HSTper eventTractor with Groomer - Prep Sunday 40.40 41.20 2%HSTper eventTractor with Groomer - Repair Monday 79.05 80.65 2%HSTper eventAdministrative Fees 106.10 108.20 2%HSTper eventSite clean up - 1 or 2 day event 172.70 176.15 2%HST3 staffBall Diamond - Keys 12.15 12.40 2%HST Ball Diamonds - Lights left on/equipment not stored properly 52.00 53.00 2%HSTper occurrenceDamage Deposit 530.60 541.00 2%ExemptDen - Fri or Sat 184.70 188.70 2%HSTper dayDen - Sun - Thursday 134.75 137.45 2%HSTper dayDen - Hourly 32.30 32.95 2%HSTEntire TCC Building - 1 arena 9am-4pm 2,154.25 2,197.35 2%HSTEntire TCC Building - 2 arenas 9am-4pm 2,706.05 2,760.15 2%HSTGibson House 71.70 73.15 2%HSTper dayGibson House - Hourly 28.05 28.60 2%HSTper hourKinsmen Canteen 27.55 28.10 2%HST per dayLobby Area 33.15 33.80 2%HSTMarwood B or C 71.70 73.15 2%HSTper dayMarwood BC 140.05 142.85 2%HSTper dayMarwood B or C - Hourly 27.05 27.60 2% HSTMarwood BC - Hourly 32.35 33.00 2% HSTMemorial Pavilion (full) or Kinsmen Bandshell 93.55 95.40 2% HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 58.35 59.50 2% HST per dayMemorial Park for Major Concert (includes bandshell & pavilion) 663.00 676.25 2% HST per event up to 4 daysNewman Park Gazebo 56.80 57.95 2% HST per dayParking Lot 113.55 115.80 2% HST per dayRotary Room 71.70 73.15 2% HSTRotary Room - Hourly 27.55 28.10 2% HSTRowing Club per month 100.45 102.45 2% HSTSchool Lessons 3.90 4.00 3% Exempt per person9Page 666 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSwim to Survive Rentals 93.10 94.95 2% Exempt per hourSwim to Survive Instructor Fee 20.00 new HST per hourSwim Meet 319.45 325.85 2% HST per daySwim Meet Evening 156.70 159.85 % HST per dayStorage Pool Deck 28.05 28.60 2% HST per monthSwim Lane 15.90 16.20 2% HST per hourStorage Rooms 112.50 114.75 2% HST per contractStorage Office A 27.55 28.10 2% HST per monthStorage Office B 16.65 17.00 2% HST per monthStorage Office C 5.70 5.80 2% HST per monthPool - 0-50 swimmers 90.90 92.75 2% HST per hourPool - 101+swimmers 231.65 236.25 2% HST per hourPool - 51-100 swimmers 123.40 125.85 2% HST per hourWaterPark - 0-100 swimmers 324.80 331.30 2% HST hourWaterPark- 0-100 swimmers - extra hour 216.40 220.75 2% HST add. Hr.Waterpark 101-300 swimmers 441.70 450.50 2% HST hourWaterpark 101-300 swimmers - extra hour 324.80 331.30 2% HST add. Hr.Waterpark 300+ swimmers 595.40 607.30 2% HST hourWaterpark 300+ swimmers - extra hour 470.80 480.20 2% HST add. Hr.Waterpark Board of Ed 100 swimmers 288.00 293.75 2% HST hourWaterpark Board of Ed 100 swimmers add. Hr. 160.00 163.20 2% HST add. Hr.Waterpark Board of Ed 100+ swimmers 512.10 522.35 2% HST hourWaterpark Board of Ed 100+ swimmers add. Hr. 256.10 261.25 2% HST add. Hr.COVID Cleaning Fee 25.00 new HST eachCOVID Cleaning Fee 50.00 new HST eachCOVID Cleaning Fee 100.00 new HST eachCommunity Centre - Leagues and MembershipsAdult League - Individual 60.49 61.70 2% HST eachAdult League - Team 390.56 398.40 2% HST per teamCourt Membership - Adult 54.06 55.15 2% HST SeasonalCourt Membership - Youth 19.48 19.85 2% HST SeasonalTennis Lessons - 1 hour 11.00 new HST per lessonTennis Lessons - 1/2 hour 4.85 new HST per lessonTennis Advanced Lessons - 1 hour 11.50 new HST per lessonTennis Lessons - 1 hour 86.50 88.25 2% HST 8 lessonsTennis Lessons - 1/2 hour 37.95 38.70 2% HST 8 lessonsTennis Advanced Lessons - 1 hour 90.20 92.00 2% HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 319.36 325.75 2% HST 12 monthMembership - Personal Training - 10 201.86 205.90 2% HST 10 sessions 1 hrMembership - Personal Training - 5 114.65 116.95 2% HST 5 sessions 1 hrMembership - Pool - 12 month 202.65 206.70 2% HST each10Page 667 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitMembership - Pool - 6 month 142.20 145.05 2% HST eachMembership - Pool 20 Pass 67.40 68.75 2% HST eachMembership - Weight Training 57.80 58.95 2% HST up to 6 hoursMembership - HC Adult - 01 month 74.80 76.30 2% HST 1 monthMembership - HC Adult - 03 month 196.35 200.30 2% HST 3 monthMembership - HC Adult - 06 month 286.50 292.25 2% HST 6 monthMembership - HC Adult - 12 month 439.30 448.10 2% HST 12 monthMembership - HC Adult - 5 pass 43.55 46.00 5% HST 5 visitsMembership - HC Adult - 10 pass 90.00 new HSTMembership - HC Adult - 20 Pass 174.00 177.50 2% HST 20 VisitsMembership - HC Family - 01 month 168.70 172.05 2% HST 1 monthMembership - HC Family - 03 month 421.25 429.30 2% HST3 month Membership - HC Family - 06 month 628.20 640.75 2% HST 6 monthMembership - HC Family - 12 month 880.80 898.40 2% HST 12 monthMembership - HC Student/Senior - 01 month 60.50 61.70 2% HST 1 monthMembership - HC Student/Senior - 03 month 166.55 169.90 2% HST 3 monthMembership - HC Student/Senior - 06 month 205.95 210.00 2% HST 6 monthMembership - HC Student/Senior - 12 month 324.70 331.20 2% HST 12 monthMembership - Student - 5 Passes 25.00 26.25 5% HST 5 visitsMembership - Student - 10 Passes 47.50 new HSTMembership- Student - 20 Passes 81.20 85.25 5% HSTMembership - HC Glendale Student 99.75 101.75 2% HST 5 MonthMembership - Special - Adult 286.50 292.25 2% HST 12 monthMembership - Special - Student/Senior 212.25 216.50 2% HST 12 monthMembership - Special - Under 14 59.30 60.50 2% HST 12 monthMembership - Replacement Card 5.30 5.40 2% HST eachMembership - Squash Adult - 01 month 72.75 74.20 2% HST 1 monthMembership - Squash Adult - 03 month 190.00 193.80 2% HST 1 monthMembership - Squash Adult - 06 month 279.20 284.80 2% HST 1 monthMembership - Squash Adult - 20 pass 90.20 92.00 2% HST 1 monthMembership - Squash Family - 01 month 163.40 166.65 2% HST 1 monthMembership - Squash Family - 03 month 407.50 415.65 2% HST 1 monthMembership - Squash Family - 06 month 612.30 624.55 2% HST 1 monthMembership - Squash Student - 01 month 59.25 60.45 2% HST 1 monthMembership - Squash Student - 03 month 166.60 169.95 2% HST 1 monthMembership - Squash Student - 06 month 205.95 210.05 2% HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 8.00 8.00 0% HST included eachFitness / Yoga (1/2 hr class) 4.00 new HST included eachBoard of Education - Squash/HC 2.75 2.80 2% HST includedBoard of Education - Arena/Pool 3.00 3.05 2% HST includedCourt Fee 5.10 5.20 2% HST included11Page 668 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitDrop In Swimming Lessons 8.65 8.80 2% HST included per lessonDrop In Swimming Lessons - ea. Additional child 5.35 5.45 2% HST included per lessonHealth Club Adult 10.50 10.75 2% HST included eachHealth Club - Youth 4.75 4.85 2% HST included eachSquash 10.75 11.00 2% HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 2.25 11% HST includedRoller Skate - Admission With skate rental 5.00 5.25 5% HST includedSwim Child 2.00 2.25 11% HST included eachSwim Family 9.00 9.25 3% HST included eachSwim - Over 14 4.25 4.50 6% HST included eachSkate Child 2.00 2.25 11% HST included eachSkate Family 9.00 9.25 3% HST included eachSkate - Over 14 4.25 4.50 6% HST included eachWallyball 11.70 11.70 0% HST included per court (1 hr)Waterpark 2-5 yrs - - 0% HST included eachWaterpark 60 years & over - No Waterslide 4.50 5.00 10% HST included eachWaterpark 60 years & Over Half Price - No Waterslide 2.25 2.50 10% HST included eachWaterpark 6-14 yrs - No Waterslide 4.00 4.50 11% HST included eachWaterpark 6-14 yrs Half Price - No Waterslide 2.00 2.25 11% HST included eachWaterpark Additional Family Member 2.00 2.25 11% HST included eachWaterpark Adult - No Waterslide 6.75 7.00 4% HST included eachWaterpark Adult Half Price - No Waterslide 3.40 3.50 3% HST included eachWaterpark Family - No Waterslide 24.50 26.00 6% HST included per family of 5Waterpark Family Half Price - No Waterslide 12.25 13.00 6% HST included per family of 5Waterpark Grandparents Day - - 0% HST includedWaterpark Tillsonburg Resident Pass (6 +) - No Waterslide 30.00 30.75 2% HST per personWaterpark Non-resident Pass (Youth & Srs 60+) - No Waterslide 42.00 43.00 2% HST per personWaterpark Non-resident Pass (Adult under 60) - No Waterslide 62.00 63.00 2% HST per personWaterpark 60 years & over 5.50 6.00 8% HST included eachWaterprak 60 years & Over Half Price 2.75 3.00 8% HST included eachWaterpark 6-14 yrs 5.00 5.50 9% HST included eachWaterpark 6-14 yrs Half Price 2.50 2.75 9% HST included eachWaterpark Additional Family Member 2.00 2.25 11% HST included eachWaterpark Adult 7.75 8.00 3% HST included eachWaterpark Adult Half Price 3.90 4.00 3% HST included eachWaterpark Family 25.50 28.00 9% HST included per family of 5Waterpark Family Half Price 12.75 14.00 9% HST included per family of 5Waterpark Tillsonburg Resident Pass (6 +) 35.00 35.75 2% HST per personWaterpark Non-resident Pass (Youth & Srs 60+) 47.00 48.00 2% HST per personWaterpark Non-resident Pass (Adult under 60) 67.00 68.25 2% HST per personCommunity Centre - Other fees12Page 669 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitAdmin - Refund Admin Fee 15.60 15.95 2% Exempt eachAdmin - Reprint receipt 5.20 5.30 2%ExempteachAdmin - Consolidated Receipts (Child Tax Credit) 10.40 10.60 2% HSTAdmin - Copies - Single sided 0.30 0.30 0% HSTAdmin - Copies - Double sided 0.35 0.35 0% HSTCamping - Non Serviced per site 32.50 33.15 2% HSTCamping - Serviced per site 54.10 55.20 2% HSTRentals - 8' wooden tables 5.60 5.70 2% HSTRentals - Black plastic chairs 2.10 2.15 2% HST eachDelivery of Table & Chairs( per round trip) 27.00 27.55 2% HSTRentals - Black curtains/hardware rental per foot2.7 2.75 2% HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,103.64 1,125.70 2%HSTeachAdvertising - Community Arena Backlit 551.82 562.85 2%HSTeachAdvertising - Memorial Arena Board 716.35 730.65 2%HSTeachAdvertising - Community Arena Board 440.44 449.25 2%HSTeachAdvertising - Ice Re-Surfacer - Side 551.82 562.85 2%HSTeachAdvertising - Ice Re-Surfacer - Top 1,103.64 1,125.70 2%HSTeachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 2,489.55 2%HSTeachAdvertising - Skate Aid 10.20 10.40 2%HSTper monthAdvertising - Inside Front/Back Page Glossy 1,618.33 1,650.70 2%HSTeachAdvertising - Back Page Glossy 2,164.85 2,208.15 2%HSTeachAdvertising - Brochure 1/8 page 110.36 112.55 2%HSTeachAdvertising - Brochure 1/4 page 193.09 196.95 2%HSTeachAdvertising - Brochure 1/2 page 329.97 336.55 2%HSTeachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 662.40 2%HSTeachAdvertising - Brochure Full page 660.04 673.25 2%HSTeachAdvertising - Brochure Full page (internal corporate) 216.55 220.90 2%HSTeachAdvertising - Miscellaneous 110.36 112.55 2%HSTeachAdvertising - Digital Ad Set up 21.52 21.95 2%HSTeachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 55.15 2%HSTeachAdvertising - Digital Ad - Tournament/Special Events 54.06 55.15 2%HSTeachAdvertising - Fence - Per Season 120.97 123.40 2%HSTper seasonAdvertising - Fence - Per Year 242.05 246.90 2%HSTannuallyAdvertising - Infocaster Set Up 50.00 51.00 2%HSTeachAdvertising - Infocaster - Small Ad 25.00 25.50 2% HST per monthAdvertising - Infocaster - Large Ad 50.00 51.00 2% HST per monthAdvertising - Infocaster - Tournament/Special Event 50.00 51.00 2% HST eachSpecial Events Tickets 20.00 20.00 0% HST eachSpecial Events Tickets25.00 25.00 0% HST eachSpecial Events Tickets30.00 30.00 0% HST eachSpecial Events Tickets 35.00 35.00 0% HST eachSpecial Events Tickets40.00 40.00 0% HST eachSpecial Events Tickets45.00 45.00 0% HST eachSpecial Events Tickets 50.00 50.00 0% HST eachA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th ad gets 30% off 13Page 670 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSpecial Events Tickets55.00 55.00 0% HST eachSpecial Events Tickets60.00 60.00 0% HST eachSpecial Events Tickets 65.00 65.00 0% HST eachSpecial Events Tickets70.00 70.00 0% HST eachSpecial Events Tickets75.00 75.00 0% HST eachSpecial Events Tickets 80.00 80.00 0% HST eachSpecial Events Tickets85.00 85.00 0% HST eachSpecial Events Tickets90.00 90.00 0% HST eachSpecial Events Tickets 95.00 95.00 0% HST eachSpecial Events Tickets100.00 100.00 0% HST eachSpecial Events Tickets105.00 105.00 0% HST eachSpecial Events Tickets 110.00 110.00 0% HST eachSpecial Events Tickets115.00 115.00 0% HST eachSpecial Events Tickets120.00 120.00 0% HST eachSpecial Events Tickets 125.00 125.00 0% HST eachAdvertising - Ice Re-Surfacer - Top 1,103.64 1,103.64 0% HST eachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 2,440.76 0% HST eachAdvertising - Skate Aid 10.20 10.20 0% HST per monthAdvertising - Inside Front/Back Page Glossy 1,618.33 1,618.33 0% HST eachAdvertising - Back Page Glossy 2,164.85 2,164.85 0% HST eachAdvertising - Brochure 1/8 page 110.36 110.36 0% HST eachAdvertising - Brochure 1/4 page 193.09 193.09 0% HST eachAdvertising - Brochure 1/2 page 329.97 329.97 0% HST eachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 649.43 0% HST eachAdvertising - Brochure Full page 660.04 660.04 0% HST eachAdvertising - Brochure Full page (internal corporate) 216.55 216.55 0% HST eachAdvertising - Miscellaneous 110.36 110.36 0% HST eachAdvertising - Digital Ad Set up 21.52 21.52 0% HST eachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 54.06 0% HST eachAdvertising - Digital Ad - Tournament/Special Events 54.06 54.06 0% HST eachAdvertising - Fence - Per Season 120.97 120.97 0% HST per seasonAdvertising - Fence - Per Year 242.05 242.05 0% HST annuallyAdvertising - Infocaster Set Up 50.00 50.00 0% HST eachAdvertising - Infocaster - Small Ad 25.00 25.00 0% HST per monthAdvertising - Infocaster - Large Ad 50.00 50.00 0% HST per monthAdvertising - Infocaster - Tournament/Special Event 50.00 50.00 0% HST eachSpecial Events Tickets 20.00 20.00 0% HST eachSpecial Events Tickets25.00 25.00 0% HST eachSpecial Events Tickets30.00 30.00 0% HST eachSpecial Events Tickets 35.00 35.00 0% HST eachSpecial Events Tickets40.00 40.00 0% HST eachSpecial Events Tickets45.00 45.00 0% HST eachSpecial Events Tickets 50.00 50.00 0% HST each14Page 671 of 688 TCCPrograms 2020 Fee Proposed 2021 Fee % Change Tax UnitSpecial Events Tickets55.00 55.00 0% HST eachSpecial Events Tickets60.00 60.00 0% HST eachSpecial Events Tickets 65.00 65.00 0% HST eachSpecial Events Tickets70.00 70.00 0% HST eachSpecial Events Tickets75.00 75.00 0% HST eachSpecial Events Tickets 80.00 80.00 0% HST eachSpecial Events Tickets85.00 85.00 0% HST eachSpecial Events Tickets90.00 90.00 0% HST eachSpecial Events Tickets 95.00 95.00 0% HST eachSpecial Events Tickets100.00 100.00 0% HST eachSpecial Events Tickets105.00 105.00 0% HST eachSpecial Events Tickets 110.00 110.00 0% HST eachSpecial Events Tickets115.00 115.00 0% HST eachSpecial Events Tickets120.00 120.00 0% HST eachSpecial Events Tickets 125.00 125.00 0% HST each15Page 672 of 688 FireItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFireFee for response to a nuisance fire alarm - first incident in 12 month period 228.48 233.00 2% Exempt per alarmFee for each fire apparatus dispatched to a specific address in response to a nuisance false alarm AFTER the first incident in 12 month period $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourResponse to false alarms in building required by the Ontario Building Code where work is being done on the system and the owner or his agent fails to notify the Fire Department $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to the scene of a motor vehicle accident and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle fire and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services on a provincial highway. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to Natural Gas Leak $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to a Hazardous Materials Incident. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus assigned to a fire watch authorized by Fire Chief $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to a burn complaint where the by-law is contraviened and/or fire department is required to extinguish an open air burn. $477.00/hr + $238.50 each half hr thereafter $488.40/hr + $244.20 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourAdditional Fire department expense incurred during an emergency required to mitigate the emergency Actual Cost Actual Cost ExemptMTO - ARIS fee per search 28.00 35.00 (based on MTO set rate)eachFire Incident Report 112.71 115.00 2%HSTeachFire Investigation report 230.00 235.00 2%HSTeachFee to conduct a file search for outstanding orders/ inspection reports and respond by letter 89.25 91.00 2% HST each requestFee to conduct a requested inspection of a commercial, industrial, or institutional building less than 930m2 (10,000 sq.ft.) 227.00 230.00 1% HST eachEach additional 185m2 (2000 sq.ft.) in a commercial, industrial or institutional building 34.20 35.00 2% HST each16Page 673 of 688 FireItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFee to conduct a requested inspection of a residential building up to and including 4 suites or apartments 220.00 225.00 2% HST eachEach additional suite or apartment over base fee 34.00 35.00 3%HSTeachFee to conduct a requested inspection of any licensed occupancy excluding a daycare 172.78 175.00 1% HST eachFee to conduct a requested inspection of a daycare facility 86.70 90.00 4% HST eachFee to conduct verification of fire drill scenario 215.00 220.00 2% HST eachBusiness License Inspection 85.00 85.00 0%ExempteachFee to conduct any requested inspection above that is in compliance with the Fire Code at initial inspection (50.00) (50.00) 0% HST eachFee to conduct each required re-inspection after one verification re-inspection same as original same as original 0% HST eachResidential carbon monoxide alarm or smoke alarm left with a homeowner on loan 86.50 86.50 0%HST, if not returnedper detector not returnedFire department approval as part of a Demolition Permit issued by the Building Department. 109.00 110.00 1% HST eachFee to review an application for a licence to sell Consumer Fireworks (F.1) including a site inspection and review of Fire Safety Plan 185.00 190.00 3% HST eachFee to review an application for a Display Fireworks (F.2) event 142.80 145.00 2% HST eachFee to review an application for a licence to conduct a Pyrotechnics (F.3) display including a site inspection and review of Fire Safety Plan 218.28 220.00 1% HST eachFee to issue open air burn permit 115.00 120.00 4%HSTeachFee to review a fire safety plan excluding any such review required as part of a property inspection for which a fee has been set in this by-law. 85.00 86.70 2% HST eachFee to review and/or approve a Level 1 Risk Management Plan as part of an application to the TSSA for a licence to store propane. 325.00 330.00 2% HST eachFee to review and/or approve a Level 2 Risk Management Plan as part of an application to the TSSA for a licence to store propane$780 $790 1% HST eachFee for facilitating fire safety training 111.60 115.00 3%HSTper hourFee to facilitate fire extinguisher training (theory only) 107.00 110.00 3%HSTFee to facilitate live fire training 205.00 205.00 0%HSTeachFees to facilitate public education presentations, station tours, and lectures for non-resident organizations and individuals 55.00 58.00 5% HST per hourFee to recharge self-contained breathing air cyclinders 32.00 33.00 3% HST per cylinderFee to recharge self-contained breathing air cylinders, under a special agreement with SWOX and Bayham Fire Depts 1,300.00 1,300.00 0% HST per yearFee to clean set of bunker gear 2.75 3.25 18%HSTeachRental of Training Room (excluding emergency services) 220.00 225.00 2% HST per day17Page 674 of 688 MuseumItem 2020 Fee Proposed 2021 Fee % Change Tax UnitMuseumMuseum-Admission-Adult 6.00 6.19 3%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 46.02 2%HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.35 2%HSTyearlyMuseum-Admission-Child 2.21 2.21 0%HSTdailyMuseum-Admission-Family Rate 12.00 12.39 3%HSTdailyMuseum-Admission-Group Rate 4.00 4.20 5%HSTdailyMuseum-Admission-Senior 5.00 5.09 2%HSTdailyMuseum-Admission-Student 3.00 3.10 3%HSTdailyMuseum Volunteer-Admission-Free FREE FREE 0%dailyMuseum - Research (Genealogy) 25.00 NEWHSTper hourMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate FREE FREE 0%eachMuseum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 51.00 2%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 51.00 2%HSTeachMuseum-Rentals-Kitchen 25.00 25.50 2%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.70 2%HSTeachMuseum-Rentals-Program Room 50.00 51.00 2%HSThalf dayMuseum-Rentals-Program Room 75.00 76.50 2%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 76.50 2%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 102.00 2%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 102.00 2%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 61.20 2%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 76.50 2%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.50 3%ExempteachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.50 3%ExempteachMuseum- School Program- per student (1 hour) 2.50 2.50 0%ExempteachMuseum - School Program - per student (2 hours) 3.50 3.50 0%ExempteachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum - Special Event - Adult program 15.00 NewHSTeachMuseum-Admission - Pratt Gallery only 2.50 2.65 6%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 81.60 2%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.50 2%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.60 2%HSTMuseum- Special Event Tea 15.00 15.30 2%HSTMuseum - Special Event - Dinner 55.00 56.10 2%HSTper eventMuseum - Special Event - Performance 40.00 40.80 2%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HST18Page 675 of 688 MuseumItem 2020 Fee Proposed 2021 Fee % Change Tax UnitMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea (Tier 1) 7.00 7.00 0%HSTMuseum-Special Event - Tea (Tier 2) 12.00 12.00 0%HSTMuseum- Special Event - Tea (Tier 3) 20.00 20.00 0%HSTMuseum- Special Event - Tea (Tier 4) 25.00 25.00 0%HSTMuseum- Special Event - Tea (Tier 5) 30.00 30.00 0%HSTWorkshop (Tier 1) 15.00 15.00 0%HSTWorkshop (Tier 2) 20.00 20.00 0%HSTWorkshop (Tier 3) 25.00 25.00 0%HSTWorkshop (Tier 4) 30.00 30.00 0%HSTWorkshop (Tier 5) 40.00 40.00 0%HSTWorkshop (Tier 6) 45.00 45.00 0%HSTWorkshop (Tier 7) 50.00 50.00 0%HSTWorkshop (Tier 8) 60.00 60.00 0%HSTWorkshop (Tier 9) 65.00 65.00 0%HSTWorkshop (Tier 10) 70.00 70.00 0%HSTWorkshop (Tier 11) 80.00 80.00 0%HSTWorkshop (Tier 12) 85.00 85.00 0%HSTWorkshop (Tier 13) 90.00 90.00 0%HSTWorkshop (Tier 14) 95.00 95.00 0%HSTBus Trip (Tier 1) 45.00 45.00 0%HSTBus Trip (Tier 2) 50.00 50.00 0%HSTBus Trip (Tier 3) 55.00 55.00 0%HSTBus Trip (Tier 4) 60.00 60.00 0%HSTBus Trip (Tier 5) 65.00 65.00 0%HSTBus Trip (Tier 6) 70.00 70.00 0%HSTBus Trip (Tier 7) 75.00 75.00 0%HSTBus Trip (Tier 8) 80.00 80.00 0%HSTBus Trip (Tier 9) 85.00 85.00 0%HSTBus Trip (Tier 10) 90.00 90.00 0%HSTBus Trip (Tier 11) 95.00 95.00 0%HSTBus Trip (Tier 12) 100.00 100.00 0%HSTBus Trip (Tier 13) 110.00 110.00 0%HSTBus Trip (Tier 14) 115.00 115.00 0%HSTBus Trip (Tier 15) 120.00 120.00 0%HSTBus Trip (Tier 16) 125.00 125.00 0%HSTBus Trip (Tier 17) 130.00 130.00 0%HSTBus Trip (Tier 18) 135.00 135.00 0%HST19Page 676 of 688 Cemetery-ParksItem2020 Fee 2020 Perpetual Care Fee 2020 Net Fee Proposed202a Fee Proposed 2021 Perpetual Care Fee Proposed 2021 Net Fee % Change Tax UnitInterment RightsGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0%HSTgraveInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0%HSTgraveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0%HSTgraveColumbarium Niche 2,100.00 315.00 1,785.00 2,100.00 315.00 1,785.00 0%HSTnicheFamily Columbarium 10,400.00 1,560.00 8,840.00 NewHSTcolumbarium (4 Cemetery ServicesCemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0%ExemptintermentColumbarium Niche Open/Close 200.00 200.00 200.00 200.00 0%HSTeachAdult Interment 835.00 835.00 835.00 835.00 0%HSTeachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 0%HSTper 1/2 hourChild/ Infant Interment 300.00 300.00 300.00 300.00 0%HSTeachCremated Remains Interment Infant 200.00 200.00 200.00 200.00 0%HSTeachCremated Remains Interment Adult 350.00 350.00 350.00 350.00 0%HSTeachStatutory Holidays - Funeral FeeHST eachDisinterment/Exhumation- Relocation in Same Cemetery- 2,087.50 2,087.50 2,087.50 2,087.50 0%HSTeachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 0% HST eachDisinterment/Exhumation- Relocation in Another Cemetery- 1,565.63 1,565.63 1,565.63 1,565.63 0%HSTeachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST eachDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0%HSTeachDisinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 0%HSTeachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0%HSTeachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0%HSTper cubic footVeteran Standing Monument Setting 200.00 200.00 200.00 200.00 0%HSTeachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0%HSTeachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0%HSTeachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0%HSTeachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0%HSTeachMonument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0%HSTeachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0%HSTeachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0%HSTeachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0%HSTeachFlower Campaign 100.00 100.00 100.00 100.00 0%HSTPer basketWreath Campaign 60.00 60.00 60.00 60.00 0%HSTPer wreathMemorial Benches2,000.00 200.00 1,800.00 2,000.00 200.00 1,800.00 0%HSTeachMemorial Tree650.00 65.00 585.00 650.00 65.00 585.00 0% HSTeachPerpetual care fees regulated by the Province 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee 20Page 677 of 688 Public WorksItem 2020 Fee Proposed 2021 Fee % Change Tax UnitAirportAirport - Aircraft Parking Fees - Daily 10.00 10.00 0%HSTper dayAirport - Aircraft Parking Fees - Monthly 60.00 60.00 0%HSTper monthAirport - Aircraft Parking Fees - Yearly 600.00 600.00 0%HSTper yearAirport - Basement Boardroom rental (15'x29') half day 45.00 45.00 0%HSTper half dayAirport - Basement Boardroom rental (15'x29') full day 80.00 80.00 0%HSTper full dayAirport - Basement Rental per hour 15.00 15.00 0%HSTper hourAirport - Boardroom Long term rental 285.00 285.00 0%HSTper weekAirport - Hangar Land Lease Fee Annually per SF 0.30 0.30 0%HSTper SFAirport - Infrastructure fee < 5,000 SF hangar 550.00 550.00 0%HSTupon signingAirport - Infrastructure fee > 5,000 SF hangar 1,100.00 1,100.00 0%HSTupon signingAirport - Maintenance fee 125.00 125.00 0%HSTper yearAirport Toque 11.50 11.50 0%HSTper unitAirport Fuel Call Out Fee 50.00 50.00 0%HSTper call outAirport Administration Fee 35.00 35.00 0%HSTper unitAirport Hangar Application Fee 305.00 305.00 0%HSTper applicationAirport Hangar Transfer Fee 155.00 155.00 0%HSTper applicationAirport Development Permit Fee 610.00 610.00 0%HSTper applicationAirport Corporate Parking Fee (waived with fuel purchase) 25.00 25.00 0%HSTup to 4 hrsAirport Corporate Parking Fee (waived with fuel purchase) 50.00 50.00 0%HSTper dayAirport Corporate Landing Fee (waived with fuel purchase) 40.00 40.00 0%HSTper landingRoadsPublic Works Administration Fee 50.00 50.00 0%HSTflat rateRoads-Labour 39.10 39.10 0%HSTper hourRoads-Labour Overtime 54.35 54.35 0%HSTper hourRoads-Labour Double Time 69.75 69.75 0%HSTper hour1/2 Ton Pickup Truck 15.00 15.00 0%HSTper hour1-Ton Truck 32.50 32.50 0%HSTper hourSingle Axle Dump Truck 80.00 80.00 0%HSTper hour With Plow & Wing 12.50 12.50 0%HSTper hour With Sander/Salter 19.50 19.50 0%HSTper hour With Plow, Wing & Sander/Salter 32.00 32.00 0%HSTper hour With Anti-Icing System 4.50 4.50 0%HSTper hourFront End Loader 70.00 70.00 0%HSTper hour With Plow Blade 7.00 7.00 0%HSTper hour With Snowblower 180.00 180.00 0%HSTper hourBackhoe 50.00 50.00 0%HSTper hourGrader 75.00 75.00 0%HSTper hourStreet Sweeper 70.00 80.00 14%HSTper hour21Page 678 of 688 Public WorksItem 2020 Fee Proposed 2021 Fee % Change Tax UnitSidewalk Machine 45.00 45.00 0%HSTper hour With Plow 6.00 6.00 0%HSTper hour With Sander 5.00 5.00 0%HSTper hour With Snowblower 18.00 18.00 0%HSTper hour With Plow & Sander 11.00 11.00 0%HSTper hour With Snowblower & Sander 23.00 23.00 0%HSTper hour With Angle Broom 8.50 8.50 0%HSTper hour With Flail Mower 10.00 10.00 0%HSTper hour With Cold Planer 35.00 35.00 0%HSTper hourLeaf Vacuum 90.00 90.00 0%HSTper hourLine Striper 12.00 12.00 0%HSTper hourSewer Rodder 95.00 95.00 0%HSTper hourWood Chipper 25.00 25.00 0%HSTper hourZero Radius Mower 30.00 30.00 0%HSTper hourPortable Pump 35.00 35.00 0%HSTper hourWalk Behind Snowblower 2.50 2.50 0%HSTper hourWalk Behind Push Mower 2.50 2.50 0%HSTper hourChainsaw 2.50 2.50 0%HSTper hourTrimmer 2.00 2.00 0%HSTper hourSmall Generator 9.50 9.50 0%HSTper hourUtility Trailer 9.00 9.00 0%HSTper hourConstruction & Demolition Disposal Cost Recovery Fee 25.00 25.00 0%HSTper load22Page 679 of 688 TransitItem 2020 Fee Proposed 2021 Fee % Change Tax UnitT-GOTicket - Adult - Single Ride$2.50 $2.50 0%HST Single RideTicket - Adult - 10 Ride Pass$20.00 $20.00 0%HST 10 Ride PassTicket - Adult - Day Pass$8.00 $8.00 0%HST Day PassTicket - Adult - Monthly Pass$60.00 $60.00 0%HST Monthly PassTicket - Seniors (60+) - Single Ride$2.00 $2.00 0%HST Single RideTicket - Seniors (60+) - 10 Pass Ride$16.00 $16.00 0%HST 10 Ride PassTicket - Seniors (60+) - Day Pass$6.00 $6.00 0%HST Day PassTicket - Seniors (60+) - Monthly Pass$48.00 $48.00 0%HST Monthly PassTicket - Students - Single Ride$2.00 $2.00 0%HST Single RideTicket - Students - 10 Ride Pass$16.00 $16.00 0%HST 10 Ride PassTicket - Students - Day Pass$6.00 $6.00 0%HST Day PassTicket - Students - Monthly Pass$48.00 $48.00 0%HST Monthly PassTicket - Children (5 and under) - Single RideFREEFREESingle RideTicket - Children (5 and under) - 10 Ride PassFREEFREE10 Ride PassTicket - Children (5 and under) - Day PassFREEFREEDay PassTicket - Children (5 and under) - Monthly PassFREEFREEMonthly PassTicket - Support Person - Single RideFREEFREESingle RideTicket - Support Person - 10 Ride PassFREEFREE10 Ride PassTicket - Support Person - Day PassFREEFREEDay PassTicket - Support Person - Monthly PassFREEFREEMonthly PassTicket - Veteran - Single RideFREEFREESingle RideTicket - Veteran - 10 Ride PassFREEFREE10 Ride PassTicket - Veteran - Day PassFREEFREEDay PassTicket - Veteran - Monthly PassFREEFREEMonthly Pass23Page 680 of 688 UtilityItem 2020 Fee Proposed 2021 Fee % Change Tax UnitUtility - Returned Cheque Fee (plus bank charges) 15.00 15.00 0%HSTeachUtility-Account Set Up / Change of Occupancy Fee 30.00 30.00 0%HSTeachUtility - Late Payment (per annum)19.56%19.56%0%HST%Utility-After Hour Reconnect (at meter) 185.00 185.00 0%HSTeachUtility-During Hours Reconnect (at meter) 65.00 65.00 0%HSTeachUtility-During Hours Reconnect (at mpole) 185.00 185.00 0%HSTeachUtility-Special Meter Reading 30.00 30.00 0%HSTeachUtility -Service Call (after hours) 165.00 165.00 0%HSTeachUtility-Access to Utility Poles 43.63 44.50 2%HSTeachUtility-Miscellaneous Materials Mark Up 0.25 0.25 0% HST %Utility-Pole Rental - 30 ft 1.50 1.50 0% HST monthUtility-Pole Rental - 35 ft 2.25 2.25 0% HST monthUtility-Sentinal Light Rental - 150 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 175 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 250 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 400 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 70 W 3.50 3.50 0% HST monthUtility-Labour 45.50 45.50 0%HSThourUtility-Truck Charges - #26 15.00 15.00 0%HSThourUtility-Truck Charges - #30 15.00 15.00 0%HSThourUtility-Truck Charges - #41 20.00 20.00 0%HSThourUtility-Truck Charges - #65 67.50 67.50 0%HSThourUtility-Truck Charges - #66 67.50 67.50 0%HSThourUtility-Truck Charges - #68 75.00 75.00 0%HSThourUtility-Truck Charges - #74 65.00 65.00 0%HSThourUtility-Truck Charges - #22 15.00 15.00 0%HSThourUtility-Truck Charges - #28 15.00 15.00 0%HSThourUtility-Truck Charges - #44 30.00 30.00 0%HSThourUtility-Truck Charges - #45 15.00 15.00 0%HSThourUtility-Sewer Camera Job 55.00 55.00 0%HSThour24Page 681 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitBag Tags2.00 2.00 0%incl HSTper tagBlue Box (apartment )3.50 3.50 0%incl HSTBlue Box (83 Litre)5.50 6.20 13%incl HSTBlue Box Lid (83 Litre)1.50 2.70 80%incl HSTComposter10.00 10.00 0%incl HSTRain barrels45.00 50.00 11%incl HSTGreen Cones40.00 50.00 25%incl HSTFine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Exemptper infractionFine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Exemptper infractionFine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Exemptper infractionFine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Exemptper infractionFine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Exemptper infractionFine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Exemptper infractionFine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Exemptper infraction25Page 682 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Exemptper infractionFine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Exemptper infractionFine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Exemptper infractionFine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Exemptper infractionFine - fail to renew dog/cat license Fine - fail to renew dog/cat license Fine - fail to renew dog/cat license Exemptper infractionFine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Exemptper infractionFine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Exemptper infractionFine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Exemptper infractionFine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Exemptper infractionFine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Exemptper infractionFine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Exemptper infraction26Page 683 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Exemptper infractionFine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Exemptper infractionFine - failure to post sign Fine - failure to post sign Fine - failure to post sign Exemptper infractionFine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Exemptper infractionFine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Exemptper infractionFine - Harbouring more than three dogs Fine - Harbouring more than three dogs Fine - Harbouring more than three dogs Exemptper infractionFine - Harbouring more than two cats Fine - Harbouring more than two cats Fine - Harbouring more than two cats Exemptper infractionFine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Exemptper infractionFine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Exemptper infractionFine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Exemptper infractionFine - Keeping prohibited animals Fine - Keeping prohibited animals Fine - Keeping prohibited animals Exemptper infraction27Page 684 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitFine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Exemptper infractionFine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Exemptper infractionFine - operate a kennel without a license Fine - operate a kennel without a license Fine - operate a kennel without a license Exemptper infractionFine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Exemptper infractionFine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Exemptper infractionFine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Exemptper infractionAGCO Required LicencesRaffle 3% with min. of $25 3% of prize value 0%Exempt each Bazaar $10 per wheel, 3 wheels max $10 per wheel, 3 wheels max 0%Exempt each Bazaar/Bingo 2 percent 2 percent 0%Exempteach Bazaar/Raffle 3% up to $5000 3% up to $5000 0%Exempteach Bingo Only 2% up to $5500 2% up to $5500 0%ExempteachBreak Open @ other location 3% x # of units X total prize/unit 3% x # of units X total prize/unit 0%Exempt eachBreak Open @ own location 2% x # of units X total prize/unit 2% x # of units X total prize/unit 0%ExempteachPoliceCriminal Record, Police Record & Vulnerable Sector Check (Employment 25.00 25.00 0%ExempteachDuplicate Copy of Criminal and Police Record Check 5.00 5.00 0%incl HSTeachCriminal Record, Police Record & Vulnerable Sector Check (Volunteer) FREE FREE 0%ExempteachFingerprints (OPP charge) 26.50 26.50 0%incl HSTeachFingerprints (LIVESCAN - on behalf of RCMP) 25.00 25.00 0%incl HSTeachOccurrence Confirmation Reports/Incident Reports 42.25 42.25 0%incl HSTeachStatements 42.25 42.25 0%incl HSTeachTechnical Traffic Collision Reports 565.00 565.00 0%incl HSTeachReconstructionist Report 1,130.00 1,130.00 0%incl HSTeach28Page 685 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitPAID DUTY RELATED FEESPayable to Minister of Finance (Provincial in Nature) Administrative Fee (note 1) 68.50 68.50 0%incl HSTHourly Vehicle Usage Fee (note 1) 28.25 28.25 0%incl HST2014 Hourly Officer Rate - PDO (note 1) 73.60 73.60 0%incl HST2014 Hourly Supervisor Rate - PDS (note 1) 83.17 83.17 0%incl HSTOwner dumping debris on own lands Owner dumping debris on own lands Owner dumping debris on own lands Exempt per infractionOwner failing to tag garbage Owner failing to tag garbage Owner failing to tag garbage Exempt per infractionParking - double parking Parking - double parking Parking - double parking Exempt per infractionParking - for longer period than provided Parking - for longer period than provided Parking - for longer period than provided Exempt per infractionParking - in loading zone Parking - in loading zone Parking - in loading zone Exempt per infractionParking - near fire hydrant Parking - near fire hydrant Parking - near fire hydrant Exempt per infractionParking - no parking (2am-7am) Parking - no parking (2am-7am) Parking - no parking (2am-7am) Exempt per infractionParking - Obstructing Traffic Parking - Obstructing Traffic Parking - Obstructing Traffic Exempt per infractionParking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Exempt per infractionParking - Parking/standing in fire route Parking - Parking/standing in fire route Parking - Parking/standing in fire route Exempt per infractionParking - prohibited area Parking - prohibited area Parking - prohibited area Exempt per infractionParking - too close to corner Parking - too close to corner Parking - too close to corner Exempt per infractionParking - too close to curb Parking - too close to curb Parking - too close to curb Exempt per infractionParking - Wrong side of road Parking - Wrong side of road Parking - Wrong side of road Exempt per infractionPerson assisting dumping debris on private lands Person assisting dumping debris on private lands Person assisting dumping debris on private lands Exempt per infractionPerson dumping debris on private/public lands Person dumping debris on private/public lands Person dumping debris on private/public lands Exempt per infractionPerson fail to immediate remove debris Person fail to immediate remove debris Person fail to immediate remove debris Exempt per infraction29Page 686 of 688 Non-Controlled Town FeesItem 2020 Fee Proposed 2021 Fee % ChangeTaxUnitOwner - fail to tag garbageexemptSchedule V Part VI (ETA)- ExemptFail to enclose swimming pool during construction 350.00 350.00 0%noneper infractionFail to properly enclose swimming pool with temporary enclosure 350.00 350.00 0%noneper infractionPermit construction of swimming pool not completely enclosed with swimming pool enclosure 350.00 350.00 0% none per infractionFail to equip hydro massage pool with secure cover 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-closing device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-latching device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with operable lock 350.00 350.00 0%noneper infractionFail to maintain swimming pool fence to a safe condition and good repair 350.00 350.00 0%noneper infractionConstruct or permit swimming pool enclosure not in compliance with height requirement 350.00 350.00 0% none per infractionDid erect or alter a sign in the Town of Tillsonburg before obtaining a permit from the Chief Building Official 200.00 200.00 0% none per infractionDid erect or permit community bulletin sign on town property, without town approval 200.00 200.00 0% none per infractionDid erect a temporary community sign, without town approval 200.00 200.00 0%noneper infractionDid erect a mobile sign – closer than 30.0 meters or (98.44 ft) from any other mobile sign 100.00 100.00 0% none per infractionDid erect or display a mobile sign that is not located on the same property as the business which it is advertising. 100.00 100.00 0% none per infractionDid erect a prohibited sign on land owned by the Town 200.00 200.00 0%noneper infractionDid erect a sidewalk sign on a public street and did not position as to provide a minimum of 1.5 meters of unobstructed sidewalk space 100.00 100.00 0% none per infractionDid erect a sign located on a premise which does not specifically identify or advertise a business, service, or occupant of the premises where it is located 100.00 100.00 0% none per infractionDid erect a vehicle/trailer sign on a non-motorized vehicle, where the purpose of the sign meets the definition of a sign under the By-law 100.00 100.00 0% none per infractionOperate a vehicle for hire without a licence. 250.00 250.00 0%noneper infractionOperate vehicle not licenced as a vehicle for hire. 250.00 250.00 0%noneper infractionFailure to display taxicab plate. 250.00 250.00 0%noneper infractionFailure to submit vehicle for inspection. 250.00 250.00 0%noneper infractionFailure to produce licence upon demand. 250.00 250.00 0%noneper infractionPermit smoking in taxicab. 250.00 250.00 0%noneper infractionFailure to display tariff card. 250.00 250.00 0%noneper infractionCharge fare not prescribed in fare schedule. 250.00 250.00 0%noneper infractionFail to accept service animal into taxicab. 400.00 400.00 0%noneper infractionSmoke on town walkway 105.00 105.00 0%noneper infractionSmoke within 9 m of anytown facility entrance or exit 105.00 105.00 0%noneper infractionSmoke within 9 metres of Library Lane entrance 105.00 105.00 0%noneper infractionSmoke within 9 metres of Town Centre Mall 105.00 105.00 0%noneper infraction30Page 687 of 688 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-115 A BY-LAW to confirm the proceedings of Council at its meeting held on the 14th day of December, 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 December 14, 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 14th DAY OF DECEMBER, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF DECEMBER, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 688 of 688