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210308 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Monday, March 8, 2021 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 personal matters about identifiable individuals, including municipal or local board employees and for the purpose of educating or training the members. 2.1.Adoption of Agenda 2.2.Disclosures of Pecuniary Interest and the General Nature Thereof 2.3.Adoption of Closed Session Council Minutes 2.4.Reports 2.4.1.239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; 2.4.2.289 (3.1) for the purpose of educating or training the members; 2.5.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 March 8, 2021, with item 14.2.2 Staff Report CS 21-12, being considered prior to item 10.2., 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 February 22, 2021, 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 A03-21 (Permterra Development Corporation) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A03-21, submitted by Permterra Development Corporation., for lands described Part of Block 40, Plan 41M- 232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg, as it relates to: 1. Relief from Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, to reduce the minimum number of dwelling houses from 17 to 16 within lands zoned R3-4. 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 Page 2 of 267 9.1.Application for Zone Change Removal of Holding Provision ZN 7-21-03 –Oxnard Developments Inc. Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Council approve the zone change application, File No. ZN 7-21-03, as submitted by 2385667 Ontario Limited, for lands described as Part of Lot 24, Land Registrar’s Compiled Plan No 1653, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Oxnard Developments draft plan of subdivision. 9.2.Application for Consent B20-88-7 (2563557 Ontario Inc) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council advise the Land Division Committee that the Town supports the proposal to sever the subject property, described as Blocks 21, 22, 23, 24, Plan M- 155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg, subject to the conditions as contained in staff report CP 2021-17. 10.Delegations 10.1.Police Services Board Re: Support of False Alarm Reduction By-Law Larry Scanlan, Chair, Tillsonburg Police Services Board Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT the delegation from the Police Services Board Chair regarding the proposed False Alarm Reduction By-Law as presented under agenda item 14.2.2, be received as information. 10.2.Tillsonburg BIA Re: Implementing minimum and maximum charges request Mark Renaud, Executive Director, Tillsonburg BIA Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT the delegation from the Tillsonburg BIA Executive Director regarding a request to implement minimum and maximum charges, be received as information. Page 3 of 267 10.3.Sandi Pake Re: Surplus Alleyway Between Coyle Lane and Frances St Sandi Pake Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT the delegation from Sandi Pake regarding the Surplus Alleyway Between Coyle Lane and Frances St, be received as information. 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 13.1.Letter from the Ministry of Energy, Northern Development and Mines Re: long-term energy planning framework 13.2.Baldwin Place Residents Association Re: Sidewalk maintenance 13.3.Letter from the Ministry of Municipal Affairs and Housing Re: 2021 COVID-19 Recovery Funding 13.4.Letter from the Ministry of Transportation Re: Safe Restart Agreement (SRA) Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the Ministry of Energy, Northern Development and Mines dated January 28, 2021, the correspondence from the Baldwin Place Residents Association dated February 19, the correspondence from the Ministry of Municipal Affairs and Housing dated March 4, 2021, and the correspondence from the Ministry of Transportation dated March 3, 2021, as information. 14.Staff Reports 14.1.Chief Administrative Officer 14.1.1.CAO 21-01 Modernization Funding (Intake 2) Program Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ Page 4 of 267 THAT Council receives report CAO 21-01 Municipal Modernization Funding Intake 2 as information; AND THAT Council directs staff to proceed with applying for funding for all of the programs listed in this report. 14.2.Corporate Services 14.2.1.CS 21-10 Land Disposition By-Law Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT the By-Law to adopt policies with respect to the sale of land and other disposition of land be brought forward for Council’s consideration. 14.2.2.CS 21-11 Committee Appointment Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. 14.2.3.CS 20-12 False Alarm By-Law Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT the False Alarm Program as recommended by the Police Service Board be considered by Council and that staff be given direction in terms of how to proceed with this program. 14.2.4.CS 21-13 Cancellation of March 15, 2021 Council Meeting Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT the Council meeting scheduled for March 15, 2021 be cancelled and that the Clerk’s Office provide notice of the meeting cancellation. 14.3.Economic Development 14.3.1.EDM 21-06 Offer to Purchase - Lot 2, Van Norman Innovation Park Page 5 of 267 Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives report EDM 21-06 Offer to Purchase – Lot 2, Van Norman Innovation Park; AND THAT a By-Law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2 in the Van Norman Innovation Park. 14.4.Finance 14.4.1.FIN 21-08 2021 Development Charge Study Update Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT a By-Law to Amend Development Charges By-law 4315 for the Town of Tillsonburg be brought forward for consideration at the March 22, 2021 Council meeting. 14.5.Fire and Emergency Services 14.5.1.FRS 21-01 Fire Department Establishing By-Law Update Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT a By-Law to establish a fire department and to repeal By-Law 3190, be brought forward for Council’s consideration. 14.6.Operations and Development 14.6.1.OPD 21-05 Kinsmen Bridge Surface Upgrades Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-05 Kinsmen Bridge Surface Upgrades, as information. 14.6.2.OPD 21-06 Hangar Land Lease Agreement Proposed Resolution #22 Page 6 of 267 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-06 Hangar Land Lease Agreement Taxiway G1 - Lot 1 as information; AND THAT a By-Law to execute a new Land Lease Agreement for Taxiway G1 - Lot 1 with Karl Szordykowski of Kangible Inc. and to repeal By-Law 4309, be brought forward for Council's consideration. 14.6.3.OPD 21-07 Subdivision Road Naming - Northcrest Phase 2 Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receives report OPD 21-07 Subdivision & Road Naming – Northcrest Estates Phase 2 as information; AND THAT Council approves “Northcrest Estates Phase 2” as the subdivision name for the draft plan of subdivision parcel identified in this report known as Part 1 & Part 2 of 41R-10049, Part of Lot 5, Concession 10 (Dereham); AND THAT Council approves “Braun Avenue”, “Keba Crescent”, “Mallard Street”, “Martin Street” and “Lark Street” as road names for the Northcrest Estates Phase 2 subdivision along with the extension of “Canary Street”. 14.7.Recreation, Culture and Parks 14.7.1.RCP 21-06 Healthy Communities Initiative Funding Application Modernization Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT report RCP 21-06 Healthy Communities Initiative Funding Application, be received as information; AND THAT Council support the proposed application as outlined in this report with an upset allocation of $150,000. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Page 7 of 267 17.Motions/Notice of Motions Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT council directs staff to co-ordinate a delegation presentation from the Youth Council Coalition of Canada. Proposed Resolution # Moved By: Councillor Parker Seconded By: ________________ THAT council directs staff to change the colours of the clock tower lights to Blue for the month of April in Honour of Autism Awareness Month Proposed Resolution # Moved By: Councillor Esseltine Seconded By: ________________ THAT staff prepare a report for council with regard to the Open Air Burning By-Law 3072 (dated 2003), in particular with regard to recreational fires including how permissions or permits are granted, how rules and regulations are communicated and enforced, and how adjacent property owners can express concerns appropriately. Proposed Resolution # Moved By: Councillor Gilvesy Seconded By: ________________ THAT staff bring a report back to council with regards to donating used playground equipment to a local housing co-operative 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A By-Law to amend Zoning By-Law Number 3295 (ZN 7-21-03) 19.2.A By-Law to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549 19.3.A By-Law to amend By-Law 4247 Schedule A (Committee Appointments) 19.4.A By-Law to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc. 19.5.A By-law to establish a fire department and to repeal By-Law 3190 Page 8 of 267 19.6.A By-Law to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309 Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT A By-Law to amend Zoning By-Law Number 3295 (ZN 7-21-03); and A By-Law to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549; and A By-Law to amend By-Law 4247 Schedule A (Committee Appointments); and A By-Law to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc.; and A By-law to establish a fire department and to repeal By-Law 3190; and A By-Law to enter into an airport hanger land lease agreement with Karl Szordykowski and to repeal By-Law 4309, 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. 20.Confirm Proceedings By-law Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-029, to Confirm the Proceedings of the Council meeting held on March 8, 2021, 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 #27 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of March 8, 2021 be adjourned at ___ p.m. Page 9 of 267 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, February 22, 2021 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Sheena Pawliwec, Director of Finance/Treasurer Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Brad Lemaich, Fire Chief Cephas Panschow, Development Commissioner Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session (4:30 p.m.) Resolution # 2021-085 Moved By: Councillor Parker Seconded By: Councillor Esseltine Page 10 of 267 2 THAT Council move into Closed Session to consider personal matters about identifiable individuals, including municipal or local board employees and to consider a proposed or pending acquisition or disposition of land by the municipality or local board. Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board; 2.5 Back to Open Session 3. Adoption of Agenda (6:00 p.m.) Resolution # 2021-086 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of February 22, 2021, be approved. Carried 4. Moment of Silence Council recognized the passing of former Fire Chief Terry Saelens and paid condolences to his family. 5. Disclosures of Pecuniary Interest and the General Nature Thereof Prior to the consideration of agenda item 19.1, Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 19.1 (first listed by-law) in open session with the reason being that the zoning by-law pertains to property owned by her husband. Page 11 of 267 3 No other disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2021-087 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the minutes of the regular Council meeting held on February 8, 2021, and the minutes of the Special Council meeting held on February 16, 2021, be approved. Carried 7. Presentations 8. Public Meetings 8.1 Public Meeting - 2021 Development Charges Update Study Sean-Michael Stephen, Watson & Associates, was present to provide an overview of the presentation. Opportunity was provided for comments and questions from Council. It was asked how the upper tier versus lower tier charges are determined and why there is variation between the lower tier municipalities in Oxford County. Mr. Stephen confirmed the County conducts an independent process to determine the charges; each lower tier is evaluated separately. Mr. Stephen noted that in consultation with County and Town staff it is recommended that all area municipalities have the same implementation date of April 1, 2021. It was asked if community organizations such as the BIA or Chamber of Commerce were provided notice of the public meeting. There was discussion regarding the current exemption process for affordable housing and possible assistance for non-profit housing. Staff noted that notice was posted on the Town website and shared with the Town's Economic Development Advisory Committee. Staff suggested that a report could be provided regarding the indexing and inflation factor. Page 12 of 267 4 Resolution # 2021-088 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives the presentation by Watson & Associates regarding the 2021 development charges update study, as information; AND THAT staff bring forward a report on March 8, 2021, that reviews the Watson and Associates development charges update study and that the study be circulated to our local committees. Carried 9. Planning Reports 10. Delegations 11. Deputation(s) on Committee Reports 12. COVID-19 The Mayor shared information on current local restrictions and available resources. 13. Information Items 13.1 Town of Ingersoll Resolution Re: County Council Resolution # 2021-089 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives the correspondence from the Town of Ingersoll dated February 8, 2021, as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.1.1 CAO 21-03 County Composition Consideration There was discussion regarding the potential for a weighted voting mechanism to create confusion. Some members felt it would be ideal if there could be a second member of Council as opposed to one member of Council with two votes. Page 13 of 267 5 Staff provided further clarification on the three part majority required to approve such a system. Resolution # 2021-090 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Council approves the restructuring of Oxford County Council utilizing a weighted voting mechanism based on a minimum of one vote per municipality for any number of electors up to 6,000 and an additional vote for every 6,000 electors thereafter; AND FURTHER THAT the metric to be used shall be the total number of eligible electors following each regularly scheduled election and that this weighting shall remain until the next regularly scheduled election; AND FURTHER THAT the distribution of weights be split equally where the area municipality has more than one representative at County Council; AND FURTHER THAT the proposal be circulated to the seven other municipalities and Oxford County for consideration of a restructured County Council. Carried 14.2 Corporate Services 14.2.1 CS 21-07 SCOR Appointments Resolution # 2021-091 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Transit Co-ordinator, be appointed as the Town’s representative on the Technical Committee; AND THAT Carlos Reyes, Director of Operations and Development, be appointed as the Town’s representative on the Executive Committee. Carried 14.2.2 CS 21-08 Outdoor Patios Page 14 of 267 6 It was asked if patios will be allowed past November 1. Staff noted this could be considered and that a permeant program is being developed for Council's consideration at a future date. It was asked what infrastructure changes on Broadway the staff report refers to. Staff noted that when the Town considers improvements to Broadway in the future, consideration could be given to installing infrastructure to help facilitate these patios. Resolution # 2021-092 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council supports the extension of the Pilot Program for Outdoor Patios on Municipal Property through the Encroachment By-Law Process; AND THAT all fees and charges be temporarily waived for restaurants choosing to use municipal property in 2021. Carried 14.2.3 CS 21-09 Accessibility Status Update 2020 It was asked if staff were made aware of a concern with water pooling on the new rubber mats on the Kinsmen Pedestrian Bridge. Staff confirmed this concern was identified within the first week after installation and the issue was corrected the same week. Staff will be reporting on the costs of the upgrades to the bridge surface and alternatives for consideration. It was asked if there will be air circulation under the rubber mats to ensure the wood does not rot. Staff confirmed this information will be included in the report. Resolution # 2021-093 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the accessibility status update 2020, as information. Carried Page 15 of 267 7 14.3 Economic Development 14.3.1 EDM 21-05 RFP 2021-002 Tree Removal Services Council received the attached correspondence from concerned citizens regarding this item. It was asked if there are any concerns regarding diverting water and if the LPRCA was consulted. Staff noted there is a municipal drain on the property to drain water, there are no water issues anticipated. A storm water management report will be completed through the site plan process. Resolution # 2021-094 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive report EDM 21-05 RFP 2021-002 Tree Removal Services; AND THAT Council award RFP 2021-002 to Beaver Brook Tree Service of Parkhill, ON at a cost of $129,000 (not including net HST) - the lowest bid received satisfying all Tender requirements. Carried 14.4 Finance 14.4.1 FIN 21-07 US Bank Procurement Card Rebate Program It was asked why there was a decline in procurement card use. Staff noted that due to the pandemic certain expenditures were decreased in 2020 resulting in less procurement card use. Resolution # 2021-095 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council authorizes the Mayor and Treasurer to sign the U.S. Bank Canada Procurement Card Application Amendment including any required associated documents for the purposes of enrolling the Town of Tillsonburg in the Rebate Program. Carried Page 16 of 267 8 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 21-03 TGO Intown Route Improvement It was asked why one quadrant of the Town has no bus service and if this area will be considered for inclusion in the future. Staff to provide information regarding this topic at the next meeting. Resolution # 2021-096 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives report OPD 21-03 T:GO Intown Route Expansion; AND THAT a bus stop be added in front of the library on Broadway Street; AND THAT the Intown bus route be expanded to include this bus stop. Carried 14.6.2 OPD 21-04 2020 to 2021 Gas Tax Program Resolution # 2021-097 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT a By-Law be brought forward to authorize the Mayor and Clerk to sign the Letter of Agreement with the Province of Ontario for the Dedicated Gas Tax Funds for Public Transportation Program. Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 21-05 Award of Contract - Optimist Park Playground It was asked what happens with old playground equipment. Staff noted that typically playground equipment is replaced when it is past its life expectancy and/or in dangerous condition; when possible equipment would be re-deployed to another playground. Page 17 of 267 9 The Town utilizes a company that removes old playground equipment at no cost and re-purposes the equipment. It was suggested that the Town should consider donating old playground equipment to a Co-op Housing property in Town. Staff can explore this option. Staff noted that there will be $6,500 in savings that can be used to refresh park benches or contribute to the purchase of a wheelchair swing. Resolution # 2021-098 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives report RCP 21-05 Award of Contract – Optimist Park Playground, as information; AND THAT Council award the RFP Contract to Openspace Solutions Inc., Wellesley, Ontario for $67,295.00, exclusive of applicable taxes. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2021-099 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the Culture, Heritage and Special Awards Committee minutes dated February 3, 2021 and the Tillsonburg Airport Advisory Committee minutes dated January 21, 2021, as information. Carried 16.2 Long Point Region Conservation Authority Board Resolution # 2021-100 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani Page 18 of 267 10 THAT the Long Point Region Conservation Authority Board Minutes dated January 13, 2021, be received as information. Carried 17. Motions/Notice of Motions 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 19.1 (first listed by-law) in open session with the reason being that the zoning by-law pertains to property owned by her husband. Councillor Gilvesy abstained from all discussion and voting on the item. 19.1 By-Law 2021-027, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19) 19.2 By-Law 2021-028, to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program Resolution # 2021-101 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT By-Law 2021-027, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-19); and By-Law 2021-028, to authorize an agreement with the Province for Dedicated Gas Tax Funds for Public Transportation Program, 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 20. Confirm Proceedings By-law Resolution # 2021-102 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 19 of 267 11 THAT By-Law 2021-026, to Confirm the Proceedings of the Council meeting held on February 22, 2021, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest Staff indicated the John Pound Road construction project is expected to be completed mid-March according to the recent update from the County. The Mayor provided an update on COVID-19 vaccinations. The next regular meeting of Council is scheduled for Monday, March 8, 2021 at 6:00 p.m. 22. Adjournment Resolution # 2021-103 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council meeting of February 22, 2021 be adjourned at 7:48 p.m. Carried Page 20 of 267 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: A03-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: March 8, 2021 REPORT NUMBER: 2021-76 OWNER/ APPLICANT: Permterra Development Corporation 18 Harvey Street, Tillsonburg ON N4G 3J6 REQUESTED VARIANCE: 1. Relief from Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, to reduce the minimum number of dwelling houses from 17 to 16 within lands zoned R3-4. LOCATION: The subject lands are legally described as Part of Block 40, Plan 41M-232, Parts 7 & 8 of 41R- 8296, Town of Tillsonburg. The lands are located on the south side of Baldwin Street and front on a private road known as Woodhaven Drive, and are municipally known as 5 Woodhaven Drive in the Town of Tillsonburg. 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 : Special Low Density Residential Type 3 Zone (R3-4) SURROUNDING USES: Surrounding land uses include primarily low density residential development, consisting of single detached dwellings and street fronting townhouses. Page 21 of 267 File Number: A01-21 Report Number 2021-49 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to facilitate the construction of a townhouse development, consisting of 4 units rather than the 5 units originally contemplated. The applicant has indicated that the 4 unit building is proposed in lieu of the previously planned 5 unit building to satisfy market demand. The previously approved plans include 17 units in the condominium, through 3 four unit buildings and a 5 unit building on the subject lands. The subject lands comprise the remaining lot in the Woodhaven Condominium development, and have an approximate area of 2157.6 m2 (0.53 ac). The lands are currently vacant. Plate 1, Location Map with Existing Zoning, depicts an aerial view of the property, location, and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, is an aerial view of the property as it existed in 2015. Plate 3, Applicant’s Site Plan, depicts the proposed development. Plate 4, Proposed Building Elevations, depicts the appearance of the proposed development. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that a site plan amendment will be required to amend the approved site plan to reflect the proposed change. Oxford County Public Works Department indicated that the unused water and sanitary services are required to be abandoned to their satisfaction, through the site plan amendment process. (c) Public Consultation: Public Notice was provided to surrounding property owners on February 24, 2021 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, duplexes and street fronting town houses as well as accessory uses thereto. The minimum residential density is 15 units per hectare (6 units/ac) and the maximum density is 30 units per hectare (12 units/ac). The resulting density for the development with the proposed reduction of 1 unit is 22.5 units per hectare (9.2 units/ac), within the permitted density range of the Low Density Residential designation. Page 22 of 267 File Number: A01-21 Report Number 2021-49 Page 3 The use of the lands for street fronting townhouse dwellings conforms to the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is currently zoned ‘Special Low Density Residential Type 3 Zone (R3-4)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R3-4’ zone include a row house and home occupation. Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, provides that the minimum number of dwelling houses that may be constructed on the lands to which the R3-4 Zone applies shall be 17, and in no case shall the number of dwelling houses on such lands exceed 25. The purpose of this provision is to ensure that the development is compliant with the minimum density provisions of the Official Plan. Planning staff are of the opinion that the requested relief is consistent with the general intent of the Zoning By-Law as the resulting density will be within the permitted density range of the Low Density Residential designation. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property, as the proposed relief will facilitate the completion of the last block in the Woodhaven condominium development, and will be consistent with the three existing blocks of 4 units in the condominium. The resulting density will be within the range permitted by the Official Plan, and the required decommissioning of surplus water and sanitary services will be addressed through the site plan amendment process. Further, no comments of concern have been received from any of the neighbouring property owners. 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. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A03-21, submitted by Permterra Development Corporation., for lands described Part of Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg, as it relates to: 1. Relief from Section 8.6.4.2.1- Number of Dwelling Houses Per Lot, to reduce the minimum number of dwelling houses from 17 to 16 within lands zoned R3-4. As the proposed variance is: (i) 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; Page 23 of 267 File Number: A01-21 Report Number 2021-49 Page 4 (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 24 of 267 February 23, 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 510 Notes NAD_1983_UTM_Zone_17N 26 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: A-03/21- Permterra Development Corp. Part Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg - 5 Woodhaven Drive Quarter Town Line Subject Property Baldwin Street Page 25 of 267 February 23, 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 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) Plate 2: 2015 Aerial Map File No: A-03/21- Permterra Development Corp. Part Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg - 5 Woodhaven Drive Quarter Town Line Baldwin Street Subject Property Page 26 of 267 Plate 3: Applicant's Site Plan File No: A-03/21- Permterra Development Corp. Part Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg - 5 Woodhaven Drive Page 27 of 267 Plate 4: Proposed Building Elevations File No: A-03/21- Permterra Development Corp. Part Block 40, Plan 41M-232, Parts 7 & 8 of 41R-8296, Town of Tillsonburg - 5 Woodhaven Drive Page 28 of 267 Page 29 of 267 Page 30 of 267 Page 31 of 267 Page 32 of 267 Page 1 of 4 Report No: CP 2021-71 COMMUNITY PLANNING Council Date: March 8, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change- Removal of Holding Provision ZN 7-21-03 –Oxnard Developments Inc. REPORT HIGHLIGHTS  The application for zone change proposes to remove the holding provision from Phase 3 of Oxnard Developments subdivision. The appropriate servicing works and development agreements have been completed. Removal of the holding provision will allow for the issuance of building permits.  Phase 3 consists of 53 single detached dwelling lots, 5 blocks for street-fronting townhouses and 2 municipal blocks, served by 3 new local streets.  Planning staff are recommending approval of the application, as sufficient water and wastewater capacity is available for the development, and all necessary development agreements have been completed. DISCUSSION Background OWNER: 2385667 Ontario Limited 9140 Leslie Street, Unit 210, Richmond Hill ON L4B 0A9 LOCATION: The subject lands are legally described as Part of Lot 24, Land Registrar’s Compiled Plan No 1653, Town of Tillsonburg. The lands are located on the east side of Harvest Avenue, and west of West Town Line, in the Town of Tillsonburg. 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 Medium Density Residential Page 33 of 267 Report No: CP 2021-71 COMMUNITY PLANNING Council Date: March 8, 2021 Page 2 of 4 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Low Density Residential Type 2 Holding Zone (R2-17 H) Special Medium Density Residential Holding Zone (RM-5 H) Proposed Zoning: Special Low Density Residential Type 2 Zone (R2-17) Special Medium Density Residential Zone (RM-5) PROPOSAL: The purpose of the Application for Zone Change is to remove a holding provision on the subject lands to allow for the development of single detached dwellings and street fronting townhouse dwellings. The subject lands are located between Harvest Avenue and West Town Line and have an area of approximately 5.1 ha (12.5 ac). Surrounding land uses include low density residential development, consisting of single detached dwellings and street fronting townhouses to the north and west, the Harvest Retirement Community to the south, and agricultural land in the Township of Norwich to the east. Appropriate development agreements have been completed and the subdivision agreement has been executed, and registration of this phase of this subdivision is imminent. The owner has now requested that the holding provision on the lands be lifted to allow for the issuance of building permits for the lands within this phase once the plan of subdivision has been registered. Plate 1, Location Map with Existing Zoning, depicts the location of the subject lands and the extent of the draft plan of subdivision. Plate 2, Proposed Registered Plan, provides the proposed lots to be registered as part of Phase 3 of Oxnard Developments. Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 provides that healthy liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs; and avoiding development and land use patterns which may cause environmental or public health and safety concerns. Page 34 of 267 Report No: CP 2021-71 COMMUNITY PLANNING Council Date: March 8, 2021 Page 3 of 4 OFFICIAL PLAN: The subject lands are designated ‘Low Density Residential’ and ‘Medium Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. Within the ‘Medium Density Residential’ designation permitted land uses are medium profile multiple unit development, including townhouses, medium density cluster development, and low-rise apartments. The use of the lands for single detached dwellings, street-fronting townhouses and accessory uses thereto conforms to the ‘Low Density Residential’ & ‘Medium Density Residential’ policies of the Official Plan. TOWN OF TILLSONBURG ZONING BY-LAW: The subject phase of the draft approved plan is currently zoned ‘R2-17 (H)’ & ‘RM-5 (H)’ according to the Town of Tillsonburg Zoning By-law. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this instance, holding provisions were applied to ensure that appropriate development agreements are in place and adequate water and wastewater capacity is assigned to the development prior to the construction of dwelling units. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the lands. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed development. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and maintains the intent and purpose of the Official Plan, and can therefore be supported from a planning perspective. Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and Town staff have indicated that they have no objection to the removal of the holding provision as the appropriate development agreements have been completed and will be registered on the lands. It is expected that this phase of the subdivision will be registered imminently. Page 35 of 267 Report No: CP 2021-71 COMMUNITY PLANNING Council Date: March 8, 2021 Page 4 of 4 It is Planning staff’s opinion that the request to remove the holding provision within this phase of the draft plan to allow for residential development in the form of single detached and townhouse dwellings is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. RECOMMENDATION That the Council of the Town of Tillsonburg approve the zone change application, File No. ZN 7-21-03, as submitted by 2385667 Ontario Limited, for lands described as Part of Lot 24, Land Registrar’s Compiled Plan No 1653, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Oxnard Developments draft plan of subdivision. SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP, Director Page 36 of 267 February 22, 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 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: ZN 7-21-03 Oxnard Developments Inc Part Lot 24, Land Registrar's Compiled Plan No 1653, Town of Tillsonburg Subject Lands West Town Line Harvest Avenue Page 37 of 267 17-098-DP SUBDIVISIONDESIGNED BY:TOWN OF TILLSONBURGDRAFT PLANG. DOUGLAS VALLEE LIMITEDDRAWN BY:JDVDATEEDCHECKED BY:1:750DATEDRAWING NO.NOV 14, 2017SCALEREVISIONDRAFT PLAN OF SUBDIVISIONOF PART OFLOT 24LAND REGISTRAR'S COMPILED PLAN 1653MUNICIPALITY OF THETOWN OF TILLSONBURGCOUNTY OF OXFORD2 TALBOT STREET NORTH(519) 426-6270SIMCOE, ONTARIO N3Y 3W4DCBLAND USE TABLEPROPOSED DIVISONSPROPOSED LAND USETOTAL AREA 4.98 haAREADENSITYPROPOSED SIDEWALK LOCATIONPlate 2: Proposed Registered Plan File No: ZN 7-21-03 Oxnard Developments Inc Part Lot 24, Land Registrar's Compiled Plan No 1653, Town of TillsonburgPage 38 of 267 G . D o u g l a s V a l l e e L i m i t e d 2 Talbot Street North, Simcoe, ON N3Y 3W4  Phone: 519 426-6270  Fax: 519 426-6277  www.gdvallee.ca February 18, 2021 Town of Tillsonburg 10 Lisgar Ave Tillsonburg, ON N4G 5A5 Attention: Geno A. Vanhaelewyn, CBCO Dear Geno: Reference: Potters Gate Phase 3 – Removal of Holding Request Tillsonburg– Oxford County Our File 17-098 Please accept this letter, as our formal request to remove the holding provision from the Potters Gate Phase 3 lands. The lands are currently zoned Low Density Residential Type 2 Zone “R2-17(H)” and Medium Density Residential “RM-5(H)”. It is respectfully requested that we be notified of the anticipated date the by-law is being presented to Council for approval. The fee of $275 will be provided to you in the near future. A co py of the cheque is attached as a pdf to this submission. If you have any questions or concerns, please do not hesitate to contact the undersigned. Yours truly, Eldon Darbyson, BES, MCIP, RPP G. DOUGLAS VALLEE LIMITED Consulting Engineers, Architects & Planners H:\Projects\2017\17-098 Potter's Gate Phase 3\Agency\Clearance of Conditions\2021.02.18 - Removal of Holding Letter.docx c: Eric Gilbert, Senior Planner, Oxford Page 39 of 267 Report No: CP 2021-77 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 1 of 8 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Consent B20-88-7– 2563557 Ontario Inc REPORT HIGHLIGHTS  The purpose of the application is to create a residential building lot for a single detached dwelling. A townhouse condominium development is proposed on the lot to be retained.  Planning staff are recommending approval of the application as it is consistent with the Provincial Policy Statement and maintains the intent and purpose of the Official Plan.  Agency circulation resulted in no concerns with the proposed application. DISCUSSION Background OWNER: 2563557 Ontario Inc. 183 Tillson Avenue, Tillsonburg ON N4G 3B1 LOCATION: The subject lands are legally described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg. The subject lands are located on the south side of South Ridge Road, between Quarter Town Line and Tulip Avenue, in the Town of Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN & TILLSONBURG ZONING BY-LAW NO. 3295: Existing Zoning: Lands to be Severed: Low Density Residential Type 1A Zone (R1A) Lands to be Retained: Special Medium Residential Type Zone (RM-7) Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 40 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 2 of 8 SERVICES: Lots to be Severed & Retained: municipal water and municipal sanitary sewer ACCESS: Paved, municipal roads (Southridge Road, Quarter Town Line and Trillium Drive) PROPOSAL: Area Frontage Avg. Depth Severed Lot 510 m2 (5,490 ft2) 14.2m (46.5 ft) 36.4 m (119.4 ft) Retained Lot 2.31 ha (5.7 ac) 201.77 m (662 ft) 148 m (486 ft) The purpose of the Application for Consent is to create a residential infill lot within the Town of Tillsonburg that will front on the south side of Southridge Road. The proposed lot to be severed will cover an area of approximately 510 m2 (5,490 ft2) and is currently vacant. The lot to be retained will cover an area of approximately 2.31 ha (5.7 ac) and is proposed to be developed for townhouses to be held in condominium ownership. A single detached dwelling is to be constructed on the severed lot. Surrounding land uses include low density residential uses consisting of single detached dwellings to the south and north, townhouses to the west and a medium density townhouse development to the east. Southridge Public School and parkland are located to the north. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map provides an aerial view of the subject lands and surrounding area. Plate 3, Close-Up Aerial View of Lot to be Severed, provides a close-up aerial view of the lot to be severed. Plate 4, Applicant’s Sketch, provides the dimensions of the lot to be severed and retained. Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential housing (including additional units, Page 41 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 3 of 8 affordable housing, and housing for older persons) to meet long-term needs, and promoting cost- effective development that minimizes land consumption and servicing costs. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on:  densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available;  support active transportation;  efficiently use land and resources;  a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject lands are located within the ‘Low Density Residential’ designation according to the Town of Tillsonburg Residential Density Plan, as contained in the Official Plan. Low density residential districts are those lands that are primarily developed or planned for a variety of low- rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar development. Within these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Page 42 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 4 of 8 The policies of Section 8.2.4.1 (Infill Housing) indicate that in order to efficiently utilize the designated residential land and municipal servicing infrastructure, infill housing will be supported in Low Density Residential Areas. The County Land Division Committee and Town Council will ensure that proposals for infill development are consistent with policies contained in Section 8.2.4.1.1 and 8.2.4.1.4. Official Plan policies respecting Street Oriented Infill permit new residential housing into an established streetscape pattern only if the proposal is deemed to be consistent with the characteristics of existing development on both sides of the street. The policies also require that the proposal is consistent with street frontage, setbacks and spacing of existing development within a two block area on the same street. In addition, all infill proposals are subject to the following criteria:  the location of vehicular access points, the likely impact of traffic generated by the proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety and surrounding properties is acceptable;  existing municipal services and public facilities will be adequate to accommodate the proposed infill project;  stormwater run-off from the proposal will be adequately controlled and will not negatively affect adjacent properties;  adequate off-street parking and outdoor amenity areas will be provided;  the extent to which the proposed development provides for the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area;  the effect of the proposed development on environmental resources and the effects of environmental constraints on the proposed development will be addressed and mitigated;  consideration of the potential effect of the development on natural and heritage resources and their settings;  compliance of the proposed development with the provisions of the Zoning By-Law of the Town and other municipal by-laws. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is zoned ‘Low Density Residential Type Zone (R1A)’ which permits a single detached dwelling and home occupation. The ‘R1A’ zone also requires a minimum lot area of 375 m² (4,036.6 ft²), a lot depth of 30 m (98.4 ft) and a frontage of 12.5 m (41 ft). Based on the survey sketch submitted by the applicant, the lot to be severed appears to meet the provisions of the R1A zone. AGENCY COMMENTS: The application was circulated to various agencies considered to have an interest in the proposal. The Town of Tillsonburg Engineering Services Department provided the following comments:  The proposed lot to be severed shall be serviced as a condition of consent;  Applicant shall be required to remove and restore road entrance complete with curbing. Page 43 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 5 of 8 The Town of Tillsonburg Building and By-Law Services Department provided the following comments:  Conditional upon water, sanitary & storm servicing requirements.  Conditional upon installation and realignment of curb to the satisfaction of Town Engineering.  Conditional upon verification that the existing storm sewer will not be a conflict with the underside of proposed house footing elevation.  Cash in lieu of parkland required. Lot to be retained will be subject to site plan approval requirements – application TSPC 7-201. The Town Director of Recreation, Culture & Parks indicated that cash-in-lieu of parkland will be payable for the severed lot. The current fee is $3500. The Tillsonburg District Chamber of Commerce indicated that they support the application. The Town Development Commissioner indicated that they have no concerns provided the walkway through to Trillium Drive is maintained. PUBLIC CONSULTATION: Notice of the application for consent was provided to the public and surrounding property owners on February 22, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no concerns or comments have been received from the public. Planning Analysis The application for consent proposes to create one new lot for residential development in the northwest area of Tillsonburg. Planning staff are of the opinion that the proposal will result in an efficient use of municipal services on residentially designated lands. In this respect, the development proposal is consistent with the 2020 Provincial Policy Statement regarding intensification and redevelopment within a settlement area. With regard to the relevant Official Plan policies for Low Density Residential areas, an analysis of the existing characteristics of residential development within the immediate area was completed by Planning staff. For street-oriented infill development, the policies of Section 8.2.4.1.1 permit such development where the proposal is deemed to be consistent with the characteristics of existing development on both sides of the same street, and is consistent with street frontage, setbacks and spacing of existing development within a two-block area on the same street. The subject lands are located in an area characterized by low density residential development, with more recent medium density residential development to the west. Existing residential uses on the southern side of South Ridge Road have a variety of frontage, ranging from 12 m - 18 m. The proposed lot frontage and depth will be consistent and compatible with existing development on the south side of South Ridge Road. Page 44 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 6 of 8 The proposal will also comply with the other review criteria for infill proposals as adequate municipal services are present to accommodate the proposal, the severed lot is of a sufficient size that adequate off-street parking and outdoor amenity areas are provided, and any drainage or stormwater impacts to surrounding properties will be reviewed and assessed through the preparation of preliminary lot grading plans and detailed lot grading plans upon building permit submission. This Office is satisfied that the lot to be severed is consistent with the frontage, configuration and area characteristics of development in the immediate residential area. T he surrounding development consists of varying dwelling types, lot sizes and dimensions. The lot to be severed would not be out of character with the prevalent lot size and shape of lots fronting on South Ridge Road, and the lot to be retained is zoned and designated for medium density residential uses will be developed for a townhouse condominium development. In this regard, Planning staff are of the opinion that the application conforms to the Official Plan policies that pertain to infill housing in the Town of Tillsonburg. The subject lands are part of the former Daffodil Drive public street which was closed, deemed surplus and transferred to the applicant. With respect to the agency comments provided, it is recommended that conditions of approval be included to provide that the lot to be severed will be appropriately serviced, and that confirmation be provided that existing storm services that were placed when the lands were planned to be a public street will not conflict with a future dwelling proposed on the lot to be severed. A similar condition of approval is also recommended to modify the existing curbing on South Ridge Road to ensure that the curbing is consistent with the proposed use of the lands for a residential lot. It is the opinion of Planning staff that the consent application is consistent with the policies of the PPS and is in keeping with the County Official Plan. As such, Planning staff are satisfied that the application can be given favourable consideration, subject to the appropriate conditions. RECOMMENDATIONS It is recommended that the Council of the Town of Tillsonburg advise the Land Division Committee that the Town supports the proposal to sever the subject property, described as Blocks 21, 22, 23, 24, Plan M-155, Daisy Court & Daffodil Avenue, in the Town of Tillsonburg, subject to the following conditions: 1. The owner shall provide water, sanitary and storm sewer services to the lot to be severed, to the satisfaction of the Town Engineering Department. 2. The owner shall provide verification that the existing storm sewer will not be in conflict with the underside of proposed house footing elevation, to the satisfaction of the Town Building Department. Page 45 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 7 of 8 3. The owner shall make payment for cash-in-lieu of parkland, to the satisfaction of the Town of Tillsonburg. 4. The owner shall install and re-align existing curbing on lot to be severed and retained to the satisfaction of the Town Engineering Department. Page 46 of 267 Report No: CP 2021-17 COMMUNITY PLANNING Council Meeting: March 8, 2021 Page 8 of 8 5. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services and otherwise, have been complied with. SIGNATURES Authored by: "Original Signed By" Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission: "Original Signed By" Gordon K. Hough, RPP, Director Page 47 of 267 February 3, 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 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) Southridge Road Quarter Town Line Tulip Drive Dogwood Drive Trillium Drive Lot to be Retained Lot to be Severed Plate 1: Location Map with Existing Zoning File No. B20-88-7- 2563577 Ontario Inc. Blocks 21-25, Daisy Court, Daffodil Drive, Plan 41M-155, Lots 8, Concession 10 (Dereham), Town of Tillsonburg Page 48 of 267 February 3, 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 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 2: 2015 Aerial Map File No. B20-88-7- 2563577 Ontario Inc. Blocks 21-25, Daisy Court, Daffodil Drive, Plan 41M-155, Lots 8, Concession 10 (Dereham), Town of Tillsonburg Southridge Road Quarter Town Line Tulip Drive Dogwood Drive Trillium Drive Lot to be Retained Lot to be Severed Page 49 of 267 February 3, 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 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) Lot to be Retained Lot to be Severed Southridge Road Plate 3: Close-Up Aerial View of Lot to be Severed File No. B20-88-7- 2563577 Ontario Inc. Blocks 21-25, Daisy Court, Daffodil Drive, Plan 41M-155, Lots 8, Concession 10 (Dereham), Town of Tillsonburg Page 50 of 267 SITE LOT 1 LOT 1 Cyril J. Demeyere Limited P.O. Box 460, 261 Broadway Tillsonburg, Ontario. N4G 4H8 Tel: 519-688-1000 866-302-9886 Fax: 519-842-3235 cjdl@cjdleng.com 1 TOWN OF TILLSONBURG TO BE RETAINED (SITE PLAN APPLICATION TSPC 7-201) TO BE SEVERED (SEE ENLARGEMENT ON THIS PAGE) SOUTH RIDGE ROAD TULIP DRIVEQUARTER TOWN LINEEXISTINGCONDOMINIUMSEXISTING RESIDENTIAL EXISTING RESIDENTIAL EXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIAL EXISTING RESIDENTIAL TRILLIUM DRIVE EXISTINGCONDOMINIUMSLOT 1 ENLARGEMENT SOUTH RIDGE ROAD PLAN I:\ACAD Projects\2020\20016\03-Ref\20016_Severance Sketch.dwg, 23/12/2020 7:04:20 PM, CJDLPC22, 1:25.4Plate 4: Applicant's Sketch File No. B20-88-7- 2563577 Ontario Inc. Blocks 21-25, Daisy Court, Daffodil Drive, Plan 41M-155, Lots 8, Concession 10 (Dereham), Town of Tillsonburg Page 51 of 267 20-88-7 Dec 4/20 Page 52 of 267 Page 53 of 267 Page 54 of 267 Page 55 of 267 Page 56 of 267 February 23rd, 2021 Mayor Molnar, Deputy Mayor Beres, Council members, Senior Staff False Alarm Reduction By-Law With great support from the Clerk’s office and much discussion over the past year, the Police Services Board at it’s February 17th 2021 meeting, unanimously agreed this latest draft can move forward for Council consideration. Even though Calls for Service were lower than average for 2020, false alarm calls remained at or near their long term average of 250 taking valuable time away from Front Line Officers and call centre responsibilities. At worst possibly delaying 911 response time, at best taking valuable time away from the many other duties facing Front Line Officers daily. The Board realizes that due to the Covid 19 pandemic, timing is not ideal for the penalty faze of a new by-law. To lessen that burden the Board is requesting a pilot program be instituted. Instead of fines, warning letters will be issued for a full year from the date the by-law is passed. At the very least the letter will indicate the time line and value of the fine that awaits offenders after the deadline. The idea of the by-law is not to create another source of income but to convince alarm owners that maintaining their system is a good thing and in the end not only save the owners money but perhaps permanently lower calls for service ultimately benefiting the taxpayer. At years end most if not all alarm owners will have heard of the by-law and take the necessary steps to prevent a false alarm. At the very least we should have a good data base that will indicate who the worst offenders are and perhaps be able to correct the problem alarms. It also gives time to make sure everything is working at it should from the OPP advising who the offenders are to the issuance of the warning letter. The Board is suggesting the fine amount should be no less than $200.00 per identified false call. The amount must be large enough to cover associated costs and suggests it be reviewed at least every 5 years. Page 57 of 267 Respectfully, Larry Scanlan Chair Tillsonburg Police Services Board Page 58 of 267 RESOLUTION TO THE LARGE PROPERTY OWNER IMPACTS ON THE DTBIA’S FINANCIAL RESULTS: Moved by: M. Rosehart and Seconded by: A. Hicks “And resolved that the Board of Management of the Downtown Tillsonburg BIA hereby requests the Council of the Town of Tillsonburg to use the Municipal Act, 2001, S.O. 2001, c. 25 Section 208 “Funds raised”; whereas the Town of Tillsonburg can implement Minimum and maximum charges as follows: (3) The municipality may establish a minimum or maximum charge or both, expressed for one or more separately assessed properties or categories of separately assessed properties in a prescribed class, as, (a) percentages of the assessed value of rateable property in the improvement area that is in a prescribed business property class; (b) dollar amounts; or (c) percentages of the board of management’s annual budget. 2001, c. 25, s. 208 (3). Whereas the properties comprised of municipal addresses 164, 170, 200 and 248 Broadway known as the Tillsonburg Town Centre Mall; be apportioned a percentage of the BIA levy assessment for the current fiscal year ending 12/31/2021. For 2021 fiscal year; the percentage is 43% resulting in a levy assessment of $59,963.50”. Carried: Approved by: Cedric Tomico Page 59 of 267 Electricity Act, 1998 Page 60 of 267 Page 61 of 267 Town of Tillsonburg 10 Lisgar Ave., Tillsonburg ON N4G SAS Attn: Stephen Molnar -Mayor Dear Sir; Re: Sidewalk Maintenance -Baldwin Place I '('PL ACE ,. RESIDENTS ASSOCIATION ~~©U I ~~t~l\7~0 l j 0 UZ. 2021 --------------- February 19, 2021 I am writing on behalf of the residents of Baldwin Place and the Board of Directors of Baldwin Place Residents Association. We wish to send a note of appreciation to the Works Department and yourse lf for the excellent condition of the roads and sidewalks within our community this winter. Considering COVID and the recent "stay at home" order, our residents' only opportunity for exercise is walking. Being an adult lifestyle community, a fall could be catastrophic. So you can understand how grateful we are that the Town i s keeping our roads and sidewalks clear and pa ssa ble during these difficult times. Please pass on our sincere thanks to those responsible. I Michael Wild i President-Baldwin Place Res idents A ss ociation Baldwin Place Residents Association, 142 Weston Dr., Tillsonburg, On N4G SXl Page 62 of 267 1 234-2021-1005 March 4, 2021 Mayor Stephen Molnar Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A7 Dear Mayor Molnar: Ontario has heard directly from the municipal sector that operating impacts due to the pandemic will continue in 2021. In order to respond to municipal need and to further strengthen our communities, we are now investing an additional $500 million to help municipalities respond to ongoing and unprecedented 2021 COVID-19 operating pressures. While the actual extent of municipal impacts for 2021 are uncertain at this time, the province expects that this funding will help municipalities continue to deliver the high-quality local services that residents and business rely on, as well as help municipalities proceed with planned capital projects in 2021. I am pleased to inform you that the Government of Ontario has committed financial support to the Town of Tillsonburg through the 2021 COVID-19 Recovery Funding for Municipalities program in order to support your COVID-19 operating costs and pressures. All municipalities in Ontario are eligible for this program and the level of funding is based on the proportion of COVID-19 cases in the Public Health Unit for your respective municipality during the period of January 1, 2021 to February 18, 2021. I have reviewed the eligibility criteria for provincial assistance under the program and have determined that accordingly, your municipality will receive $295,415.00, subject to your municipality returning a copy of this letter, signed by your municipal treasurer, to the ministry by March 31, 2021. You will receive these funds in two equal instalments one instalment on or before May 1, 2021 and the other on or before November 1, 2021. Please note that your municipality is accountable for using this funding for the purpose of addressing your priority COVID-19 operating costs and pressures. If the amount of the funding your municipality receives exceeds your 2021 COVID-19 operating costs Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 Page 63 of 267 2 funding into a reserve fund to be accessed to support any future COVID-19 operating costs and pressures. The province realizes that municipalities are facing financial impacts due to the COVID- 19 pandemic and that in some instances, this provincial funding will not be sufficient to cover all municipal operating impacts due to COVID-19. The province expects municipalities to do their part by continuing to find efficiencies in their operating services and using existing reserves and reserve funds that have been specifically put aside for such unforeseen circumstances. Your municipality will be expected to provide two report backs on your COVID-19 operating impacts and the use of these funds as follows: 1. An interim report in June 2021, which will include: a) Use of funds provided last year under the Safe Restart Agreement Operating funding stream; and b) 2021 estimated COVID-19 operating impacts and how your municipality plans to use the funding under the 2021 program. 2. A final report back in Spring 2022. We had previously indicated that Safe Restart Agreement reporting would be expected in March 2021. However, we have decided to streamline this reporting and the new 2021 COVID-19 Recovery Funding for Municipalities program. The template for this report back will be provided by the ministry with more details to follow in the coming months. While the province expects your municipality to complete this report, your second instalment under the 2021 COVID-19 Recovery Funding for Municipalities program is not contingent on the province receiving your interim report. At this time, I am requesting that your municipal treasurer sign the acknowledgement below and return the signed copy to the ministry by email to: Municipal.Programs@ontario.ca. If the province has not received your letter on or before March 31, 2021, you will not be eligible for this program and your In order to allow for processing time, please provide your signed letter to the ministry on or before March 24, 2021. Our government continues to stand with our municipal partners as we have throughout the pandemic, advocating for funding for communities from the federal government to support local economic recovery. Communities may need more COVID-19 related operating funding in the coming year, and we will continue to advocate on your behalf to the federal government. I encourage you to contact your local Member of Parliament to seek further federal support in order to help municipalities deal with their operating impacts due to COVID-19. Page 64 of 267 3 The government thanks all 444 Ontario municipal heads of council for their support throughout the pandemic and our ongoing partnership in economic recovery. Sincerely, Steve Clark Minister of Municipal Affairs and Housing c. Municipal Treasurer and Municipal CAO By signing below, I acknowledge that the allocation of $295,415.00 is provided to the Town of Tillsonburg for the expected purpose of assisting with COVID-19 costs and pressures and that the province expects any funds not required for this purpose in 2021 will be put into a reserve fund to support potential COVID-19 costs and pressures in 2022. I further acknowledge that the Town of Tillsonburg is expected to report back to the province on 2021 COVID-19 costs and pressures and the use of this funding. Name: Title: Signature: Date: Page 65 of 267 Ministry of Transportation Office of the Minister 777 Bay Street, 5P th P Floor Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transportation Ministère des Transports Bureau de la ministre 777, rue Bay, 5P e P étage Toronto ON M7A 1Z8 416 327-9200 www.ontario.ca/transports March 3, 2021 107-2021-681 Mayor Stephen Molnar Town of Tillsonburg 10 Lisgar Ave Tillsonburg ON N4G 5A5 Dear Mayor Molnar: The COVID-19 pandemic has created an unprecedented need for financial support for municipal transit. Through the Safe Restart Agreement (SRA), the province of Ontario transit support. The Province has heard from municipalities about the ongoing need for financial support beyond the end of the SRA program on March 31, 2021. To respond to the ongoing need, the Province has updated the SRA program. This letter describes the revisions made to the program and provides further details on their implementation, including the the Town of Tillsonburg Province. I am pleased to advise you that the Province has approved an additional $150 million of provincial funding to support COVID-19 financial impacts on transit. This brings the total SRA funding envelope to $2.15 billion, which will now consist of three phases: Phase 1: $700 million, including needs-based top-ups, for COVID-19 related financial impacts between April 1 and Sept. 30, 2020; Phase 2: $800 million for COVID-19 related financial impacts between Oct. 1, 2020, and March 31, 2021; and Phase 3: $650 million for COVID-19 related financial impacts and costs related to transit initiatives, including fare and service integration, on-demand microtransit, and transformation of transit structures/governance, as detailed below, between April 1 and Dec. 31, 2021. Municipal funding allocations under the program continue to be based on a formula of transit ridership, plus a base amount of $40,000 applied to each total program allocation. Page 66 of 267 -2- As was noted in the Letter, the Town of Tillsonburg will be eligible to receive up to $36,051 -19 municipal transit financial impacts between Oct. 1, 2020 and March 31, 2021. This Phase 2 funding will be provided to the Municipality pursuant to the transfer payment agreement (TPA) with the Ministry of unicipality. The TPA sets out the details of the funding, including a description of the expenditures that are eligible under the TPA and for which the Municipality may submit one claim for payment. The Letter also referred to a $500 million funding stream to be made available to 50 million, for a total of $650 million. This funding is being provided upfront to be applied to COVID-19 transit related financial impacts and costs incurred between April 1 and Dec. 31, 2021, related to transit initiatives, including the costs for fare and service integration, on-demand microtransit and transformation of transit structures/governance (see Appendix A to this letter for further details). The Province may also, at its sole discretion and on a case-by-case basis, grant extensions to the Phase 3 eligibility period for costs incurred after Dec. 31, 2021, but prior to Jan. 1, 2023. I am pleased to confirm that, based on the revised Phase 3 funding amount, the Town of Tillsonburg -19 related financial impacts is up to $7,357. For the Municipality to receive its Phase 3 funding, I am requesting that the municipal treasurer for the Municipality sign the acknowledgement below, and return the signed copy to the Ministry by email on or before March 12, 2021 to MTO-COVID_Transit_Funding@ontario.ca. Once received, the Municipality must place its Phase 3 funding in an interest-bearing account in the name of the Municipality at a Canadian financial institution. Eligible Expenditures and Reporting Eligible expenditures under Phase 2 and Phase 3 of the program will continue to include COVID-19 transit financial impacts. Financial impacts refer to the net revenue losses and additional net operating and capital costs the Municipality has incurred in respect of VID-19 pandemic. The losses and new expenditures will have to be incurred in the respective eligibility period The Municipality will also have to consider savings associated with COVID-19 (e.g., reduced service levels, lower maintenance costs, etc.) as these savings will need to be provide funding for net municipal expenditures (i.e., net COVID-19 related financial impacts above pre-COVID budgeted expenditures). The SRA funding is not to replace the budgeted municipal funding that the Municipality provides for transit operations. The eligible expenditures which the Province, at its sole discretion, may consider for Phase 3 funding are described in Appendix A to this letter. Page 67 of 267 -3- Please note that these eligible expenditures will also include the costs incurred by the Municipality, up to 50 per cent of the total costs, of the following: 1. Initiatives (including short-term foundational actions) that support a long-term vision for regional fare and service integration; 2. On-Demand Microtransit (ODMT) studies and pilot initiatives, including capital expenses incurred; and 3. Expenses to support the transformation of transit structures/governance between neighboring municipal governments, where the Province has been engaged in discussions. The Municipality must use any interest earned on Phase 3 funding towards eligible expenditures under the program. The Municipality will be required to return any Phase 3 funding, including interest on the funding, that remain unspent at the end of the eligibility period. For Phase 3 funding, municipal transit systems are required to provide two reports to the Ministry with details of the financial impacts that are being offset by Phase 3 funding and outcomes on the use of the funds. The first report is due to the Ministry on or before Oct. 26, 2021 and consists of actual impacts between April 1 and Sept. 30, 2021 and forecasted impacts between October 1 and Dec. 31, 2021. This report is intended to provide the Ministry with an interim estimate of financial impacts. The second report is due to the Ministry on or before Jan. 31, 2022, and will consist of actual financial impacts between April 1 and Dec. 31, 2021. This reporting will confirm the actual amount of Eligible Expenditures incurred during the eligibility period. Should the Municipality request an extension to the Phase 3 eligibility period, a third report will have to be submitted to confirm the actual amount of Eligible Expenditures incurred during the extended eligibility period. At the end of the eligibility period, the Ministry will review the municipal reporting and provide direction for the return of any unused funds, including interest earned, to the Province. The Ministry reserves the right to conduct an audit to assess the ompliance with the terms and conditions outlined in this letter. continued action to support municipal transit and ensure transit systems play a role in economic recovery from COVID-19. Sincerely, Caroline Mulroney Minister of Transportation Page 68 of 267 -4- By signing below, I acknowledge that the amount of $7,357 is provided to the Town of Tillsonburg, for the purpose of assisting with COVID-19 municipal transit pressures and costs related to transit initiatives, including fare and service integration, on-demand microtransit, and transformation of transit structures/governance as described in this letter, incurred during the eligibility period of April 1, 2021 to Dec. 31, 2021. I further acknowledge that the Municipality is expected to report back to the Province on COVID- 19 municipal transit pressures and the use of this funding. Name:_____________________________ Title:___________________________ Signature:__________________________ Date:___________________________ Page 69 of 267 -5- Appendix A Eligible Expenditures for SRA Funding Applicable SRA Phase Eligibility Details For Phase 1, Phase 2, and Phase 3 funding following: a. Revenue Losses: farebox revenue losses; advertising revenue losses; parking revenue losses; contract revenue losses; and any other revenue loss the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. b. Operating Costs: costs associated with vehicle cleaning, except for those for which MTEC funds have been provided or claimed; costs associated with changes in fuel consumption (e.g., increases due to running additional buses or savings in consumption relating to lower service levels than budgeted, or both); costs associated with vehicle maintenance; costs associated with transit facilities; costs resulting from existing contracts with expanded scope/new contracts; employee related costs (i.e., salaries, wages, benefits); costs for employee personal protection equipment (e.g., face masks, gloves, sanitizer); costs for signage and other means of communications related to COVID-19 pandemic (e.g., social distance guidance); and any other operating cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. c. Capital Costs: costs associated with installing driver protection barriers and other protection measures for transit drivers; costs associated with providing passenger protection equipment and other passenger safety measures; and any other capital cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. For Phase 3 funding only 1. A provincial/municipal 50%/50% cost share of initiatives that support a long-term vision for regional fare and service integration. 2. A provincial/municipal 50%/50% cost share for On-Demand Microtransit (ODMT) studies and pilot initiatives. 3. A provincial/municipal 50%/50% cost share of expenses to support the transformation of transit structures/governance between neighboring municipal governments, where the province has been engaged in discussions. Page 70 of 267 Page 1 of 7 Subject: Municipal Modernization Funding Intake 2 Report Number: CAO 21-01 Department: Office of the CAO Submitted by: Laura Pickersgill, Executive Assistant Meeting Type: Council Meeting Meeting Date: March 8, 2021 RECOMMENDATION THAT Council receives report CAO 21-01 Municipal Modernization Funding Intake 2 as information; AND THAT Council directs staff to proceed with applying for funding for all of the programs listed in this report. BACKGROUND The Honourable Minister Steve Clark announced during the 2021 Annual ROMA Conference that the second intake of the Municipal Modernization Program is available. The Government is investing $40 million dollars to help small and rural municipalities to assist with service delivery reviews and modernization efforts. This program is targeted at 405 municipalities across Ontario. The first intake of the program saw 184 modernization projects funded. These projects included: service reviews, implementing previous recommendations from service reviews, IT upgrades, and processing improvements that help municipalities become more efficient with taxpayers’ dollars. The second intake will allow municipalities to benefit from provincial funding to conduct third party reviews as well as to implement projects to increase efficiency and effectiveness and lower costs in the longer term. The intake will fund priorities suc h as: digital modernization, service integration, streamlined development approvals and shared services/alternative delivery models. This program will provide funding under two streams. The review stream will provide funding for municipalities to undertake expenditure reviews with the goal of finding efficiencies and lowering costs in the longer term. Municipalities will be eligible to receive funding up to the full amount of the third-party service provider’s fees for the review. It is anticipated that most review projects will cost between $20,000 and Page 71 of 267 CAO 21-01 Page 2 of 7 $150,000. This implementation stream will follow a provincial cost-sharing model to undertake projects that increase municipal efficiency and effectiveness. The Province will contribute a greater portion for projects within municipalities with fewer households according to the following thresholds: Number of households in the municipality (2020 MPAC data) Maximum provincial share of project cost Minimum municipal share of project costs 0-5,000 75% 25% >5000 65% 35% The number of households in the Town of Tillsonburg totals 7,420. It is anticipated that the provincial share of most projects will be between $20,000 and $250,000. Attachment #1 – Municipal Modernization Program – Intake 2 Program Guidelines DISCUSSION The following projects have been identified under each stream that may be eligible for funding; Review Stream Project #1 - Updated/Refined Space Needs Study Currently, the Town has a variety of buildings with employees spread out among these various buildings/facilities. These buildings include: approximately 9,000 SF at 200 Broadway (Corporate Office), 18,609 SF at 10 Lisgar Avenue (Customer Service Centre), 17,653 SF at 20 Spruce Street (Operations). There are also employees located at 80 Concession St (Fire Hall), 30 Tillson Avenue (Annandale National Historic Site), 45 Hardy Avenue (Community Centre), Tillsonburg Airport and at the Tillsonburg Cemetery Office. A Space Needs Study was done in 2016 to review some of these facilities to accommodate 111 staff. It was suggested that a Town Hall space of 21,046 SF – 23,828 SF be acquired to accommodate staff in a more centralized location. With staff providing customer service to the public at multiple facilities, some departments are disconnected functionally, with inappropriate adjacencies, some vacant and some underutilized space. Other spaces are overcrowded environments. The need is required to evaluate how to improve administrative and operational efficiencies in a consolidated facility(ies), in order to provide effective delivery of services to the public and equally improve safety, working and business environments. This study should also include reviewing the existing buildings/facilities (assets) that we do have and what options would be available in maximizing use of these current facilities and what potential disposal of buildings/facilities could take place while combining departments under one roof either elsewhere or in an existing Town building/facility. It is important that a refined/updated space needs study takes into account the issues Page 72 of 267 CAO 21-01 Page 3 of 7 we are facing at both the Community Center – lack of adequate dressing rooms and the Fire Hall. The existing Fire Hall was built in 1979 and it is recognized that the Fire Hall is o utdated and a new and/or updated space is required. In 2005, a review of the building was done that observed a variety of deficiencies. Some of these deficiencies have since been rectified, however, there are still outstanding deficiencies that need to b e addressed. There has not been an exhaust removal system installed so at this time a recording is done for diesel exhaust exposure for each firefighter and communicator at the hall when a call out occurs. The gear drying racks are not ideal as they expo se expensive bunker gear to diesel exhaust and UV. At this time, there is no other place to store bunker gear. There was non-slip paint put on the sloped floor in the apparatus room, however, this paint will not last long. There are a variety of cracks that exist in the stairwell. The facility is still heated using a boiler system and no HVAC system is currently in place. This contributes to the problem of mold development in the basement from the lack of poor air movement. The current training space and brass pole is not large enough for current needs. There is no hose room or adequate storage for the hose. There is no room to expand in this facility if there is future consideration for more full-time staff (administration/fire communications). The building continues to struggle to maintain code compliance due to the lack of adequate storage space. There was some masonry veneer spalling replaced in 2020 to replace falling bricks, however not all repairs have been made and this remains an ongoing co ncern. Currently, there is no fire alarm system, which is required under NFPA1221, Standard for the Installation, Maintenance and use of Emergency Services Communications Systems. The relocation of the dispatch consoles from the OPP station are underway with one more to be moved, however this will all need to be moved to a larger room to accommodate. The cost to complete such a study is approximately $60,000 -$80,000. Project #2 - Information Technology (IT) Review Whether as part of the above study or independently, a review of the IT infrastructure should be undertaken. It is important to review how IT applications and licenses can be integrated to provide the most efficient, effective and cost friendly options. Digital modernization is the way of the future. Leveraging virtual Town hall services, such as the Citizen Portal noted below, would allow the Town to serve its residents more flexibly, efficiently, effectively, and accessibly. The cost to complete such a study is approximately $20,000 -$30,000. Project #3 - Solid Waste Management A recommendation evolving from the Oxford County Service Delivery review was that the current arrangement for general waste collection remain as is. Nevertheless the bag tag user pay system along with the large article system should be reviewed to identify improvements to both systems. The Town just entered into a new agreement with the County for the collection and disposal of large items and yard waste. This agreement is Page 73 of 267 CAO 21-01 Page 4 of 7 valid until final termination of the County’s contract with Emterra, however, either party may terminate this Agreement at any time, without fault and without liability, upon six (6) months written notice to the other. The Town receives approximately $120,000/year from the County for this program, however, the annual expenses for the Town’s waste management program is approximately $300,000 (including curbside leaf collection and collection of construction materials at the transfer station). The additional $180,000 is funded by the Town. The Town will benefit from completing a detailed review of this service/program delivery by an independent third-party reviewer for the purpose of finding savings and efficiencies and providing specific and actionable recommendations to both the County and the Town. The cost to complete such a study is approximately $20,000-$40,000. Implementation Stream Project #1 - Citizen Portal (Municipal App) Citizen portal is an electronic portal that gives residents a personalized online experience with a single sign-on dashboard that brings all of the municipal information they care about into one convenient place. This Portal would modernize the Town’s approach to service delivery by allowing citizens to look at their tax bill online, report problems in real time, and to receive news and emergency notices quickly. The portal will integrate with all of our current software systems. It provides better options for residents to access services and to pay for any of those services without having to physically come into the office. We are able to integrate the County’s services in this system so a resident does not need to know who does what or what roads are County roads versus Town roads. With the portal, we can assist the County in pushing out notifications on garbage collection and also obtain service requests on behalf of the County. We are also able to work with the County on any emergency notices or road closures with this portal. There is a onetime set up costs associated with the development of a municipal app and then annual fees. While the requested funding would cover a portion of these onetime fees, and part of the first annual installments, the municipality must be prepared to pay for the ongoing annual costs. One-time Costs: Base is $37,500 Minimum additions include: My property tax and utilities ($21,750) plus SMS Push Notifications ($8,595) = minimum of $67,845. The above features plus snow removal events, service requests, garbage and leaf collection for a maximum total of $97,815. Annual Costs: A maximum of $19,975 but is dependent on the number of widgets plus $5,500 for SMS Push Notifications. Therefore, $25,475 total. Page 74 of 267 CAO 21-01 Page 5 of 7 Total Year 1 Costs: $97,815 + $25,475 = $123,290 Therefore, the municipal share of this project is $43,151.50 (35%) and the requested funding amount from the province for this project is $80,138.50 (65%). It is suggested that the Town’s portion of costs be funded from the Tax Rate Stabilization Reserve or anticipated in-year municipal wages savings associated with the organizational realignment. Attachment #2 – Citizen Portal Price Guide Project #2 - Urban Forestry Program A recommendation coming out of the Clarico Group RCP Service Review is to develop a database of park trees to enable better tracking of non -urgent repairs for grouping when crews are sent. The new Tree Canopy Preservation Plan will be implemented in Q3. Funding was approved in the 2021 Operating Budget and will form part o f the RCP annual base budget. This will include: policy review and development, proactive maintenance, increased tree planting in new subdivisions and public parks and trail corridors. Tree inventory is to be mapped with GPS to better manage and care for Town-owned trees. This tool will help staff annually map efforts that support expanding the tree canopy and urban forest health of public trees. A further recommendation in the review indicated a need to measure park and cemetery tree canopy percentages and make plans to manage it and look for opportunities to increase canopy cover where this can be done without undue reduction in accessibility, safety and other recreational uses. With that, staff are suggesting that the $30,000 approved in the 2021 ope rating budget be used for this purpose. This amount would form the Town’s minimum 35% share of the cost and we could roll out a larger “Urban Forestry Program” that could include hiring a contract/intern arborist and GIS Specialist to do the mapping work. The cost to complete this initiative is $85,000 (Provincial Share - $55,000; Municipal Share - $30,000) FINANCIAL IMPACT/FUNDING SOURCE Review Stream Municipalities will be eligible to receive funding up to the full amount of the third -party service provider’s fees for the review. It is anticipated that most review projects will cost between $20,000 and $150,000. Town of Tillsonburg’s requested funding amounts: Project Requested Funding Amount Updated/Refined Space Needs Study $80,000 Information Technology (IT) Review $30,000 Urban Forestry Program $40,000 Total Requested Funding $150,000 Page 75 of 267 CAO 21-01 Page 6 of 7 Implementation Stream Will follow a provincial cost-sharing model to undertake projects that increase municipal efficiency and effectiveness. The Province will contribute a greater portion for projects within municipalities with fewer households according to the following thresholds: Number of households in the municipality (2020 MPAC data) Maximum provincial share of project cost Minimum municipal share of project costs 0-5,000 75% 25% >5000 65% 35% It is anticipated that the provincial share of most projects will be between $20,000 and $250,000. Project Total Project Cost Municipal Share Provincial Share - Requested Funding Amount Citizen Portal (Municipal App) $123,290 $43,151.50 $80,138.50 Urban Forestry Program $85,000 $30,000* $55,000 Total Funding Sources $208,290 $73,151.50 $135,138.50 *Contained within the 2021 approved budget One-Time Costs Base is $37,500 Minimum additions include: My property tax and utilities ($21,750) plus SMS Push Notifications ($8,595) = minimum of $67,845. The above features plus snow removal events, service requests, garbage and leaf collection for a maximum total of $97,815. Annual Costs A maximum of $19,975 but is dependent on the number of widgets plus $5,500 for SMS Push Notifications; therefore $25,475 total. 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 Page 76 of 267 CAO 21-01 Page 7 of 7 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 – Intake 2 Program Guidelines Appendix B – Citizen Portal Information Page 77 of 267 January 2021 1 | Page Municipal Modernization Program Intake 2 Program Guidelines WHAT YOU NEED TO KNOW Ontario is continuing to help municipalities become more efficient and modernize service delivery. Ontario’s 405 small and rural municipalities can now apply to Intake 2 of the Municipal Modernization Program for funding under two streams. The review stream will provide funding for municipalities to undertake expenditure reviews with the goal of finding efficiencies and lowering costs in the longer term. The implementation stream will provide provincial cost-sharing for municipalities to undertake projects that increase municipal efficiency and effectiveness. Municipalities can apply under this stream for projects that implement the findings of previous reviews or other evidence-based reports. Under both streams, municipalities can apply individually or jointly with other eligible municipalities. ELIGIBILITY CRITERIA – REVIEW STREAM To be eligible under Intake 2, a review stream project must: 1. Be a review of municipal service delivery or administrative expenditures by an independent third-party reviewer for the purpose of finding savings and efficiencies. The review project could take a number of forms including: • a line-by-line review of the municipality’s entire budget; or • a review of service delivery and modernization opportunities; or • a review of administrative processes to reduce costs. 2. Result in a report by the independent third-party reviewer that provides specific and actionable recommendations for cost savings and improved efficiencies. 3. Begin field work no earlier than January 26, 2021, with a final report completed and posted publicly on the municipal website by November 30, 2021. To be eligible for funding, the municipality must confirm that it has fully spent or allocated the unconditional modernization funding provided by the province in March 2019. Page 78 of 267 January 2021 2 | Page It is anticipated that most review projects will cost between $20,000 and $150,000. Higher funding amounts may be available for joint projects. Proposals will be reviewed on a case- by-case basis and funding amounts may depend on the available appropriation. Priority may be given to projects that address one or more of the following priorities: • Digital modernization • Service integration • Streamlined development approvals • Shared services/alternative service delivery models Municipalities will be eligible to receive funding up to the full amount of the third-party service provider’s fees for the review. Municipal administrative costs, such as staff time, are not eligible. The program will not cover review projects where: • the goal is to identify opportunities for revenue generation or reductions in front line services; or • the review does not result in a formal report prepared by a third party that the municipality is prepared to make publicly available online; or • the object of the review extends beyond municipal accountability; or • the review is related to requirements under the asset management regulation. ELIGIBILITY CRITERIA – IMPLEMENTATION STREAM To be eligible under Intake 2, an implementation project proposal must: 1. Be based on demonstrated evidence of savings the municipality intends to realize through the project; 2. Begin no earlier than January 26, 2021 and be completed by September 30, 2022; 3. Include a high level workplan with project milestones; 4. Include a commitment to providing a final report that forecasts annual savings and other efficiency and effectiveness outcomes for at least three years as a result of project completion 5. Include a commitment to reporting back one-year post project completion with actual savings over the course of the year and a revised forecast of annual savings and other efficiency and effectiveness outcomes for the following two years. Page 79 of 267 January 2021 3 | Page To be eligible for funding, the municipality must confirm that it has fully spent or allocated the unconditional modernization funding provided by the province in March 2019. Priority may be given to projects that address one or more of the following priorities: • Digital modernization • Service integration • Streamlined development approvals • Shared services/alternative service delivery models The program will not cover projects where: • the expected outcome is a reduction in front line services; or • the expected outcome would not result in efficiencies or cost savings; or • the municipality would not be prepared to support any ongoing maintenance costs resulting from the project. COST SHARING AND ELIGIBLE COSTS – IMPLEMENTATION STREAM The cost of implementation projects will be shared between the province and the municipality. The province will contribute a greater portion for projects within municipalities with fewer households according to the following thresholds. Number of households in the municipality (2020 MPAC data) Maximum provincial share of project costs Minimum municipal share of project costs 0 - 5,000 75% 25% >5,000 65% 35% It is anticipated that the provincial share of most projects will be between $20,000 and $250,000. Higher funding amounts may be available for joint projects. Proposals will be reviewed on a case-by-case basis and funding amounts may depend on the available appropriation. Major capital expenditures are not eligible for funding as project costs. Regular municipal staff costs that are part of the municipality’s annual budget are not eligible for provincial funding as project costs. However, additional temporary hiring (including internships) for an implementation project could be considered as an eligible cost. Other eligible costs could include amounts paid to fee-for-service providers, software licenses, systems development and training. Page 80 of 267 January 2021 4 | Page HOW TO APPLY 1. Log onto the Transfer Payment Ontario (TPON) system (Ontario.ca/getfunding) and select the program stream you wish to apply for (review stream, implementation stream); 2. Complete an Expression of Interest form for the appropriate stream of the program. 3. Ensure that you have uploaded the required attachments and completed the municipal attestation in the Expression of Interest Form. 4. Submit your completed application through TPON by March 15, 2021 HOW IT WORKS The ministry expects to advise municipalities of the outcomes of their applications in May 2021. If your application is approved, a proposed transfer payment agreement with the ministry will be sent to confirm the funding amount and set out the terms, including reporting requirements and a payment schedule. Municipalities can expect to receive an initial payment following execution of a transfer payment agreement. PROGRAM TIMELINE March 15, 2021 • Submit your Expression of Interest and any supporting documentation to Transfer Payment Ontario (TPON) at www.ontario.ca/getfunding May 2021 • Learn whether your application is approved. If it is approved, enter into a transfer payment agreement for project funding, and receive an initial payment once the agreement is executed. August 2021 • Review Stream: Submit an interim project status report Quarterly starting October 2021 • Implementation Stream: Submit quarterly project status and expenditure reports November 2021 • Review Stream: Post the third-party reviewer’s final report online and submit your final project status report. This report will include: a hyperlink to the publicly posted third-party reviewer’s report; the amount paid to the third-party reviewer and a copy of the invoice; a statement of the total amount of expenditures reviewed and the total amount identified as potential savings; and a 250-word abstract of the project and its findings. By Fall 2022 • Implementation Stream: All implementation stream projects are completed. Submit final reports including copies of invoices. Page 81 of 267 January 2021 5 | Page FOR MORE INFORMATION Please direct program questions to your Municipal Services Office Municipal Advisor or Municipal.Programs@ontario.ca. For support with the Transfer Payment Ontario (TPON) system contact the Transfer Payment Ontario Client Care from Monday to Friday 8:30 a.m. to 5:00 pm, except for statutory holidays: • Tel: 416-325-6691 • Toll-free: 1-855-216-3090 • TTY: 416-325-3408 • Toll-free TTY: 1-800-268-7095 • Email: TPONCC@ontario.ca Page 82 of 267 1 | esolutionsgroup.ca | 519-884-3352 Your Municipality. Their Interests. One Portal. One-stop, tailored municipal content. Give residents a personalized online experience with a single sign-on dashboard that brings all the municipal information they care about into one convenient place. From individual property tax and utilities data to emergency alerts, snow removal updates and personalized event recommendations, it’s the experience today’s citizens demand. Individually Tailored Content Use existing user data to tailor approved municipal dashboard content and engage citizens with their community. The Digital Citizen Portal provides: §Secure login using Google, Facebook or other platforms through LoginRadius SSO §Individual Citizen Profiles displaying content related to existing preferences, behaviours and interactions Top Benefits of Citizen Portal INTEGRATED WITH YOUR SYSTEMS Get up and running with Citizen Portal quickly, with integrations for practically every backend system to ensure all of your existing products continue to work seamlessly. EASY TO USE Whether you are submitting a report or an application for a license, Citizen Portal makes it easy to track, upload and submit all required information from one location. Page 83 of 267 2 | esolutionsgroup.ca | 519-884-3352 Smart City Integration Enhance your municipal services by giving your residents digital access to information and statistics that is relevant to them. What’s Included §DASHBOARD, NOTICES, SIGNUP AND MY ACCOUNT Integrating with your existing websites look and feel, the dashboard is customizable, allowing users to create an experience that is tailored for their audience §PERMITS AND APPLICATIONS Intake online applications for building permits, view development activity in your neighbourhood and schedule meetings or inspections §FORM BUILDER Create custom forms that are accessible to all users, and allow residents to select, complete and submit a form all from one hub §EMERGENCY NOTICES Display pop up emergency notices and send email, SMS and push notices §SUBSCRIPTION SERVICES Allow residents to subscribe to all of your notifications, ensuring CASL compliance §MEETINGS AND EVENTS Display events based on user preferences or location, with pop-up notifications and the ability to push to users via email, SMS or PWA §NEWS AND ALERTS Display news articles or notifications, with the ability to push to users via email, SMS or PWA §CONTENT WIDGET Allows administrators to build a widget that contains content and calls to action when a user logs in Page 84 of 267 3 | esolutionsgroup.ca | 519-884-3352 Town of Tillsonburg POPULATION: 15,872 ONETIME ANNUAL CITIZEN PORTAL BASE Dashboard, notices, signup, my account §Web push notices §Ability to add, remove and reorder widgets §Set custom reminders and notices §Supports multiple addresses §Account Creation and Profile management with Identity Management Content Widget §The content widget allows administrators to build a widget that contains content and calls to action when a user logs in. §The content widget supports notifications as well, so the admin can use this widget to allow citizens to subscribe to receive notices News, Alerts and Emergency Notices §Display news articles based on preferences §Notifications via email, Progressive Web Apps Meetings and Events §Display events based on preferences §Notifications via email, Progressive Web Apps §Council agendas and minutes on eScribe Form Builder Integration §Widget will display forms submitted by user along with any workflow/status updates §Allows user to select a form from a list and submit via portal Emergency Notices §Display pop up emergency notices and send email, SMS and push notices Subscription Services §CASL compliant Alerts and notices §Email, Progressive Web Apps $37,500 $19,975 for all widgets listed below with the exception of software MY PROPERTY TAX AND UTILITIES (GREAT PLAINS) §View property tax amount and allocations §View property tax bills and amount owing §Download tax bills §Pay online* (if supported, extra costs apply) Assumes we can use the existing APIs that were created and no single sign on required, user authenticates once for the widget to link. Range $15,555 - $21,750 ROAD CLOSURES AND CONSTRUCTION UPDATES §View closures in area on a map §View construction updates on projects §Notifications via eMail Assumes the town will provide a REST API or Open Data Feed $7,565 SNOW REMOVAL / SNOW EVENTS §Real-time snow plough tracking §View property information (priority etc) §Snow event notices Assumes this is a push notification $3,765 Page 85 of 267 4 | esolutionsgroup.ca | 519-884-3352 ONETIME ANNUAL EMPLOYMENT OPPORTUNITIES §View and apply for job opportunities integrated to Recruit Right §Notifications Assumes the town will provide the API and version. LINK. $9,925 SERVICE REQUESTS §Submit service request or problem §Integrated into Mesh $14,500 PROPERTY TAX CERTIFICATES / TAX STATEMENTS – GREAT PLAINS §Submit property tax certificate or tax statement requests §Automatically retrieve data from tax database §Pay online Assumes the town has the API or web service we can integrate to. $9,450 + $6,250 for tax statements PROGRAMS AND REGISTRATIONS §View upcoming programs that are based on the users location, interests or past purchases, or see specific details with links to register on third party platforms §Integrates to Perfect Mind $19,575 GARBAGE, RECYCLE, GREEN BIN, LARGE ITEMS, LEAF COLLECTION §View collection schedules and alert users with push notifications for any upcoming pick-up changes, or schedule pickups where applicable §Uses County of Oxford GIS Data $10,800 PARKING TICKETS §View current parking tickets, and allow users to pay from one secure portal using a variety of payment options §Integrates to third party systems or Form Builder §Require payment gateway $10,800 $5,500 if eSolutions backend SCHOOL BUS AND SCHOOL CLOSURES §View school bus alerts or school closures, and push notifications or pop-ups to users to ensure they’re properly informed §Integrates to third party systems $10,800 BUSINESS LICENSES §Intake business licence applications online and allow users to pay from one secure portal using a variety of payment options §Integrates into Great Plains §Requires payment gateway $19,575 ONETIME ANNUAL LoginRadius (only required if SSO is needed)TBD TBD SMS Push Notifications Engage customers using Twilio.com SMS (Cloud-Scale API for SMS) *Subject to change based on Twilio.com $8,595 $5,500 + $.003 / msg* Page 86 of 267 5 | esolutionsgroup.ca | 519-884-3352 HOSPITAL WAIT TIMES View the nearest hospital location, or check average wait times for all local hospitals to help avoid overcrowding TRANSIT BUS SCHEDULES AND REAL-TIME LOCATION See real-time locations for local transit, while providing viewable schedules and notifications for route updates FACILITIES AND RENTAL AVAILABLY WITH BOOKING View and book available rental facilities, and where required, collect payment for bookings NEW DEVELOPMENTS IN MY AREA View upcoming or in-progress developments within a selected radius of a users home address ELECTIONS AND VOTER LOOKUP Find the nearest voting station and all relevant information for elections season LIVE CHAT Connect with a corporate contact centre to quickly get answers to questions, or for assistance SPORTS FIELDS AND FACILITIES Quickly see local sport field or facility conditions and features, and receive notifications for any potential closures LICENSES Create license application forms including dog, marriage, lottery, taxi, home business and much more PERMITS AND APPLICATIONS Intake online applications for permits such as burn, parking, building, road closures, signs and more FREEDOM OF INFORMATION REQUESTS Submit requests for information from City staff, and receive confirmation of submission DONATIONS Accept and collect donations through a secure online form, and offer variety of payment options for ease-of-use WHAT’S NEAR ME Provide users with information on what is nearest to their address, including community centres, pools, arenas, dog parks, library’s and more PROGRAMS AND REGISTRATIONS View upcoming programs that are based on the users location, interests or past purchases, or see specific details with links to register on third party platforms SERVICE REQUESTS / REPORT A PROBLEM Submit service requests or report problems, including the ability to view the status of requests and mapping capabilities to review other users reported problems ROAD, SIDEWALK, TRAIL CLOSURES Quickly view road, sidewalk or trail closures through pop-up notifications and mapping integrations to pinpoint exactly where closures are occurring PROPERTY TAX ACCOUNT AND PAYMENTS View and pay online* for upcoming property taxes, or view and download previous bills GARBAGE, RECYCLE, GREEN BIN, LARGE ITEMS, LEAF COLLECTION View collection schedules and alert users with push notifications for any upcoming pick-up changes, or schedule pickups where applicable PARKING ENFORCEMENT View current parking tickets, and allow users to pay from one secure portal using a variety of payment options OVERNIGHT PARKING REGISTRATION Register any time for overnight street parking, and receive e-notifications when requests have been approved SCHOOL BUS AND SCHOOL CLOSURES View school bus alerts or school closures, and push notifications or pop-ups to users to ensure they’re properly informed Optional Add-on Widgets Page 87 of 267 6 | esolutionsgroup.ca | 519-884-3352 Virtual City Hall MUNICIPAL ENFORCEMENT DEVELOPMENT PERMITS RESIDENTIAL PERMITS Page 88 of 267 7 | esolutionsgroup.ca | 519-884-3352 Virtual City Hall BUSINESS LICENSING MUNICIPAL ADMINISTRATION Page 89 of 267 Page 1 of 2 Subject: Land Disposition By-Law Report Number: CS 21-10 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT the By-Law to adopt policies with respect to the sale of land and other disposition of land be brought forward for Council’s consideration. BACKGROUND The current Land Disposition By-Law was passed in 2011 and is in need of some updating. DISCUSSION The new Land Disposition By-Law has been developed through meetings with staff including the Development Commissioner and our solicitor, Steve Ross of Duncan Linton. This By-Law is modelled after others within the Province that have been legally tested and includes Tillsonburg’s practices such as notice requirements, etc. The new proposed by-law will require the Clerk’s office to be more involved in land disposition matters which is normally the case in other municipalities. CONSULTATION The Development Commissioner would like to note the following: “two of the main issues with the existing Sale of Real Property by-law were the lack of clarity and the lack of a defined process for declaring and selling surplus lands. The proposed by-law appears to offer some improvements over the existing by-law but still uses an older format and structure that could result in a lack of clarity.” Page 90 of 267 CS 21-10 Page 2 of 2 Both the Clerk and our solicitor are confident that this by-law is a good by-law that will work when dealing with land disposition matters. The Clerk and the Development Commissioner have discussed the use of a “checklist” that will help define the steps to be used in the process of land disposition. 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 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 – Land Disposition By-Law Page 91 of 267 Page 1 of 5 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ BEING A BY-LAW to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549. WHEREAS Section 270 of the Municipal Act, 2001, as amended requires every Council to adopt and maintain policies governing the sale or other disposition of its land, determine the appropriate manner of giving notice, and determine appropriate measures to establish accountability and transparency to members of the public. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. TITLE AND DEFINITIONS In this By-law, unless the context otherwise requires: (a) “Clerk” means the Clerk of the Town of Tillsonburg; (b) “Council” means the Council of the Town of Tillsonburg; (c) “Land” includes buildings; (d) “Local Board” means a municipal service board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (e) “Meeting” means any regular, special Committee or other Meeting of Council or one of the Committees of Council; (f) “Sale” includes a lease of 21 years or longer and a transfer for nil or nominal consideration and “Sell”, “Selling”, and “Sold” shall have a similar meaning; (g) “Town” means The Corporation of the Town of Tillsonburg. 2. SALE OF LAND STANDARD REQUIREMENTS (1) Before selling any land or entering into a binding agreement to sell any land, Council shall: (a) by by-law or resolution passed at a meeting open to the public, declare the land to be surplus, prior to Council determining to dispose the of land; Page 92 of 267 By-Law 2021-___ 2 (b) obtain at least one appraisal of the fair market value of the land or an opinion of value may be considered for smaller parcels of property at the discretion of the Clerk; and (c) give notice to the public in accordance with Subsection 2 (5) below, of the proposed Sale. EXEMPTIONS FROM APPRAISALS (2) The appraisal required by Subsection 1 (b) above shall not be required for the following classes of land: (a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; (b) closed highways if sold to an owner of land abutting the closed highways; (c) land formerly used for railway lines if Sold to an owner of land abutting the former railway land; (d) land that does not have direct access to a highway if Sold to the owner of land abutting that land; (e) land repurchased by an owner in accordance with s.42 of the Expropriations Act; (f) land Sold under ss. 107 (Power to Make Grants) and 108 (Small Business Programs) of the Municipal Act, 2001; (g) easements granted to public utilities or to telephone companies. EXEMPTIONS FROM APPRAISALS, CONTINUED (3) The appraisal required by Subsection 1 (b) above shall not be required for a Sale to: (a) any municipality; (b) a “Local Board” including a school board and a conservation authority; (c) the Crown in right of Ontario or of Canada and their agencies. EXEMPTIONS FROM STANDARD REQUIREMENTS (4) Subsection (1) above does not apply to the following: (a) Land sold under s. 110 (Municipal Capital Facilities) of the Municipal Act, 2001; and (b) Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses. Page 93 of 267 By-Law 2021-___ 3 NOTICE REQUIREMENTS (5) Before selling any land, the Clerk shall give notice to public of the proposed sale, two weeks prior to any consideration by Council, in the following manner: (a) by a single publication in a newspaper that is, in the Clerk’s opinion, of sufficiently general circulation in the area of the land to give the public reasonable notice of Council’s intention; (b) by placing a notice on the property; and (c) by placing notice on the Town’s website. In addition to the foregoing, the Clerk may post the property for sale on the Town’s social media accounts. Council may direct that additional Notice may be given in any other manner than that described above. In the event that the land is not to be sold to a specific purchaser determined by Council to be in the interests of the municipality, the Clerk shall cause a “for sale” sign of reasonable size to be placed on the land on or before the publication of the said notice to the public. Before selling any surplus lands, the Town may circulate documentation identifying the real property to other levels of government or agencies that may be required by law or regulation. CLOSED SESSION (6) Notwithstanding anything in this by-law to the contrary, all tenders, requests for proposals or offers may be presented to Council in Closed Session for deliberation, in accordance with the Municipal Act, unless Council direction has been given to staff to negotiate the sale within certain terms or an alternate method of sale is approved by Council, including the creation and evaluation of criteria to be considered in any disposition. EXEMPT PROPERTY (7) The following circumstances are exempt from the Notice provisions of this bylaw process. (a) The Sale of Lands for Tax Arrears which are subject to the procedures set out in Part XI (Sale of Land for Tax Arrears) of the Municipal Act, 2001. (b) The sale of lands under the Expropriation Act; and Page 94 of 267 By-Law 2021-___ 4 (c) Sales of municipally- owned Industrial land as defined by the Zoning By-Law. ALTERNATIVE PROCESSES FOR SALE (8) (a) Unsolicited offers to purchase the property may be processed on a first come first serve basis after the real property is declared surplus. (b) Council may by resolution direct that real property be sold by tender, request for proposal or direct sale via methods such as with a registered real estate agent or brokerage. (c) When a property is to be sold by tender, expression of interest or request for proposal, the procedures existing at the Town shall be in effect that govern advertising and submission requirements. DISPOSAL OF REAL PROPERTY (9) That disposal of the real property shall be effected by a resolution passed at a regular meeting of Council open to the public after the requirements for public notice have been satisfied. Upon acceptance of offers either through open or closed market, tender or request for proposal, a deposit shall be presented: (a) Shall be accompanied by a deposit in cash or cheque in an amount of 10% of the offered amount or $5,000.00, whichever is greater, payable to the Town of Tillsonburg. (b) Where the offer or tender to purchase is less than $5,000.00 the deposit shall be 50% of the full amount of the offer to purchase. 3. OTHER MATTERS (1) Unless stipulated otherwise, all lands sold by the Town are sold on an “as is” basis. (2) Lands cannot be sold on the promise, either written or oral, by the Town or its officials, of certain zoning or other planning approvals. (3) All external costs associated with the closing of the sale of land, including legal, survey and appraisal costs, will be paid for by the Purchaser, subject to Council’s direction. (4) The Clerk shall establish and maintain, on a regular basis, a public register listing and describing the land owned or leased by the Town, Page 95 of 267 By-Law 2021-___ 5 except for the following classes of land: (a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; (b) all highways, roads and road allowances, whether or not opened, unopened, closed or stopped up; and (c) land formerly used for railway lines. (5) If any agreement was entered into for the Sale or other disposition of land by the Town prior to December 15, 2020, and not closed or completed, the Sale or other disposition may be continued and dealt with in the same manner as would have occurred had it been closed or completed prior to that date. 4. THAT By-Law 3549 is hereby repealed in its entirety. READ A FIRST AND SECOND TIME THIS 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 96 of 267 Page 1 of 2 Subject: Committee Appointment Report Number: CS 21-11 Department: Corporate Services Department Submitted by: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT a By-Law to amend By-Law 4247 Schedule A be brought forward for Council’s consideration. DISCUSSION An application has been received for the Tillsonburg Airport Advisory Committee. The terms of reference for the committee requires a minimum of eight members and a maximum of nine members; the committee is currently comprised of eight members. Staff are recommending the appointment of Emily Crombez to the Tillsonburg Airport Advisory Committee. A by-law to appoint the additional member will be brought before Council for consideration. 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 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core Page 97 of 267 CS 21-11 Page 2 of 2 ☐ 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. Page 98 of 267 Page 1 of 3 Subject: False Alarm By-Law Report Number: CS 21-12 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT the False Alarm Program as recommended by the Police Service Board be considered by Council and that staff be given direction in terms of how to proceed with this program. BACKGROUND In 2020, Council supported the Police Service Board’s request to proceed with a False Alarm Program and directed the Clerk’s office to assist with the preparation of the by- law. DISCUSSION The Clerk’s office has been working with the Chair of the Police Service Board on finalizing the by-law. The Police Service Board is hoping to do some education in advance of the enforcement of the by-law and they are also looking at a warning program to advise of offenders instead of charging fees right away. The Board is looking at an effective date of April 1st and giving at least 6 months before fees are charged. The Board is suggesting a $200 fee per incident when police respond to a false alarm. The by-law is modeled after the County of Norfolk. The Police Service Board also wanted to ensure there was an appeal process included and the appeal process that has been established by the County of Norfolk is proposed to be used in Tillsonburg. Norfolk County’s appeal fee is $45 and that is what we are recommending the appeal fee should be. Page 99 of 267 CS 21-12 Page 2 of 3 Please note that any of these fees will need to incorporated into our fees and charges by-law. The following includes elements of the program that the Police Services Board would like to see:  All of the financial tasks such as billing for the false alarm fees be done through the finance department;  An appeal process for those who have been issued a fee and that the Town be responsible for this process/procedure. While staff would like to support other boards and committees, the finance department and the CAO have indicated they are not aware of how much work will be involved (ie how many false alarms there will be in a given year) and if the revenue source will co ver any direct and non-direct costs associated with this program. Even the processing of appeals will take some time by the finance department to review and conduct. CONSULTATION Police Services Board Finance Department CAO FINANCIAL IMPACT/FUNDING SOURCE It is anticipated that starting in 2022, there will be revenue received but it will be dependent on the number of false alarms billed. 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 Page 100 of 267 CS 21-12 Page 3 of 3 ☐ 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 – False Alarm By-law Appendix B – False Alarm Appeal Form Page 101 of 267 Page 1 of 4 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021- Being a By-Law to Impose Fees for Services Provided By The Ontario Provincial Police, Oxford County Detachment To Reduction Of False Security Alarms. WHEREAS pursuant to Section 391 of the Municipal Act, 2001, (the Act) as amended, a municipality and a local board may pass by-laws imposing fees or charges on any class of persons for service or activities provided or done by or on behalf of it pursuant to Section 391 of the Municipal Act; AND WHEREAS pursuant to Section 398 (2) of the Municipal Act, S.O. 2001, c.25 as amended, provides for the addition of fees and charges imposed by the municipality or local board, respectively, to the tax roll for the following property in the local municipality and collect them in the same manner as municipal taxes: any property for which all the owners are responsible for paying the fees and charges; AND WHEREAS Section 345 of the Act authorizes the Council of a local municipality to establish: penalty and interest charges, notice as to time and notice of payment, payment of installments and options; AND WHEREAS the number of false alarms in the Town of Tillsonburg, hereinafter referred to as the Town, has been identified as consuming a significant quantity of OPP resources, which could be better directed to enhancing police presence in the community through the reduction of false alarms; AND WHEREAS response to these false alarms interferes with the ability of the OPP to respond to actual emergencies, posing a threat to officer safety a nd members of the public by creating unnecessary delays; AND WHEREAS Police Services Boards and Municipalities across Ontario are seeking to address false alarms and decrease related calls for service. AND WHEREAS the Town of Tillsonburg deems it expedient to repeal and replace the past by-law for fees and charges related to the response to false alarms; NOW THEREFORE the Town of Tillsonburg hereby enacts as follows: 1. DEFINITIONS 1.1 “ALARM” is any signal activated for the legitimate purpose of notification of a criminal act, an attempted criminal act, or any bonafide emergency situation at a premise. Page 102 of 267 By-Law 2021-___ Page 2 of 4 1.2 “ALARM BUSINESS” means the business by an individual, partnership, corporation or other entity, which sells, leases, maintains, services, repairs, alters, replaces, moves, installs or monitors an “alarm device”, and may include reporting the occurrence of alarms to the “police service”. 1.3 “ALARM DEVICE” means any device or series of devices installed on real property and designed to detect criminal activity or unauthorized entry or emergency which when activated, emits or transmits a local or remote audible, visual or electronic signal intended to alert the “alarm system owner”, summon the police service, whether monitored by an “Alarm Business” or not. This definition does not include an alarm installed in a vehicle or on a person unless the vehicle or personal alarm is permanently located at the premises. 1.4 “ALARM SYSTEM OWNER” means the owner, occupant or lessee of a building, structure or premise that has a security alarm system or the lessee of a security alarm system. 1.5 “BOARD” shall mean the Town of Tillsonburg Police Services Board 1.6 “FALSE ALARM” means any signal from a security alarm system that is reported to the police service, resulting in a false dispatch that is caused by: i) the testing of an alarm without police knowledge and approval; ii) alarms caused by the negligence or carelessness of the Alarm Business, the Alarm System Owner or alarm user; iii) alarms activated due to mechanical failure or improper installation; and/or iv) alarms activated by internal or external atmospheric conditions, vibrations, or power surges. 1.7 “POLICE SERVICE” shall mean the Ontario Provincial Police (OPP), or the Police Service specifically contracted by the Town of Tillsonburg to provide Policing Services. 1.8 “TOWN” means the Town of Tillsonburg. 2. FEES FOR FALSE ALARMS 2.1 Where there is a Police response to a False Alarm, the Alarm System Owner shall be responsible for the fee as set out in Town of Tillsonburg User Fees By- Law. 2.2 An Alarm shall not be classified as a False Alarm, if, within forty-eight (48) hours of the police service response, the Alarm System Owner or an Alarm Business furnishes evidence to the police service that the Alarm was caused by: Page 103 of 267 By-Law 2021-___ Page 3 of 4 i) an unauthorized entry or attempted unauthorized entry into the building, structure or facility; ii) an extraordinary circumstance as determined by the police service Detachment Commander or designate. 3. COLLECTION OF FALSE ALARMS FEES 3.1 The police service shall provide the Town of Tillsonburg Administration/ staff with the required information within 28 days of the end of a calendar month, regarding False Alarm occurrences in the preceding month for invoicing and collection purposes. Required information includes at a minimum the address of the call for service. 3.2 Fees shall be invoiced and collected by the Town of Tillsonburg, in accordance with the processes established in the Town of Tillsonburg's current procedures. Invoices shall be printed and mailed to the alarm system owner. Invoices shall be dated on the day of printing and mailed within five (5) days of the date of printing. 3.3 The Town of Tillsonburg will take appropriate steps as provided for in the Municipal Act, 2001 to collect outstanding false alarms fees. 4. APPEALS 4.1. The premises’ owner/occupier may appeal the validity of a determination that an alarm was false by submitting an appeal form or letter in writing, and the prescribed user fee to the Town within thirty (30) days of the date of the invoice. 4.2. The prescribed user fee will be included in the Town of Tillsonburg User Fee By- Law. The fee is non-refundable after submitting the appeal form. 4.3. The Town shall review the appeal within sixty (60) days after the appeal is filed. 4.4. The Town shall decide upon affirmation or the reversal of the assessment of the fees. 4.5. The decision by the Town shall be final and conclusive for all purposes. 4.6. Upon conclusion the Town shall notify the Alarm System Owner and the Board in writing of the decision. 5. PARTIAL INVALIDITY 5.1 If any term of this by-law or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this by-law and/or the application of such term to circumstances, other than those to which it is Page 104 of 267 By-Law 2021-___ Page 4 of 4 held invalid or unenforceable, shall not be affected thereby and e ach term of this by-law shall be separately valid and enforceable to the fullest extent permitted by law. 6. ENACTMENT 6.1 The short title of this by-law is the False Alarm Reduction By-Law. 6.2 BY-LAW NO. 3170 hereby repealed. 6.3 This By-Law shall be effective April 1, 2021. ENACTED AND PASSED this ____ day of _______, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 105 of 267 Page 1 of 2 Notice of Appeal Application Form Town of Tillsonburg False Alarm Reduction By-Law 2021-___. 1. Preamble The undersigned hereby requests the Town of Tillsonburg to consider this appeal application in respect to the validity of a determination that an alarm was false. The undersigned certifies the information contained herein, on which this application is based, to be true and the owner is aware of this exemption request. 2. Applicant  Owner  Occupier Applicant/Agent Name: Address: Postal Code: Phone: Email: Owner Name (If different from above): Address: Postal Code: Phone: Email: 3. Subject Property Address: Postal Code: 4. Reason(s) for Appeal (attach additional pages if required): Page 106 of 267 Page 2 of 2  For the purposes of the Municipal Freedom of Information and Protection of Privacy Act, I authorize and consent to the use by or the disclosure to any person or public body any information contained in respect to this application for the purposes of processing this application. Signature of Applicant or Agent: ________________________________ Print: Date: NOTE: a) Please attach further information if required. b) The premises’ owner/occupier may appeal the validity of a determination that an alarm was false by submitting an appeal form or letter in writing, and the prescribed user fee to the Town within thirty (30) days of the date of the invoice. c) The prescribed user fee will be included in the Town of Tillsonburg User Fee By- Law. The fee is non-refundable after submitting the appeal form. Mailing Address: Town of Tillsonburg 200 Broadway, Suite 204, Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Payment information:  Cash  Cheque Please return completed form with the $45.00 application fee in cash to the address above, or mail completed form with cheque made payable to “The Corpora tion of the Town of Tillsonburg.” Page 107 of 267 Page 1 of 2 Subject: Cancellation of March 15, 2021 Council Meeting Report Number: CS 21-13 Department: Corporate Services Submitted by: Michelle Smibert, Director of Corporate Services/Clerk Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT the Council meeting scheduled for March 15, 2021 be cancelled and that the Clerk’s Office provide notice of the meeting cancellation. BACKGROUND A separate meeting has been established to deal with Planning Applications during COVID and these meetings have approved by Council resolution. DISCUSSION Only two applications will be dealt with in March and in consultation with the Planner, we are scheduling these applications to be considered at Council at the March 8th meeting. As a result, the March 15th meeting is not necessary and should be cancelled. CONSULTATION Senior Planner FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives Page 108 of 267 CS 21-13 Page 2 of 2 ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS None. Page 109 of 267 Page 1 of 6 Subject: Offer to Purchase – Lot 2, Van Norman Innovation Park Report Number: EDM 21-06 Department: Economic Development Submitted by: Cephas Panschow, Development Commissioner Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT Council receives Report EDM 21-06 CLD Offer to Purchase – Lot 2, Van Norman Innovation Park; AND THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with North Ridge Realty (2020) Inc for the property described as Lot 2 in the Van Norman Innovation Park. BACKGROUND The purpose of this report is to seek Council approval to enter into an Agreement of Purchase and Sale with North Ridge Realty (2020) Inc for the purchase of two acres of industrial land in the Van Norman Innovation Park. The proposed investment will result in the construction of an approximately 13,900 square foot office, warehousing and valued added processing facility along with the retention of approximately seven jobs in the Town of Tillsonburg with the potential for future employment growth. DISCUSSION The Economic Development & Marketing Department has been working with Northern Specialty Supplies Inc regarding a potential transaction since September 2020. North Ridge Realty is the holding company that will own the land and building and has a lease arrangement with Northern Specialty Supplies. They are leasing space at their current location and would like to secure their own property in order to develop a more suitable building for their existing and future operations. Northern Specialty Supplies is a wholesaler and distributor of supplies for the financial sector including coin and currency packaging, cheque processing, ATM/Point-of-Sale (POS) and security & loss prevention products. They are exploring options to add value-added processing to their operations and are shifting their focus to support e- Page 110 of 267 EDM 21-06 Page 2 of 6 commerce and law enforcement markets. In addition to this, they have responded to the current pandemic situation to expand their wholesale operations for PPE and related health and safety products. Figure 1 – Subject Property: North Ridge Realty (2020) Inc *Note: The various building footprints shown are for illustration purposes only. The proposed building configuration is different than that shown in the attached sketch. Page 111 of 267 EDM 21-06 Page 3 of 6 The details of their offer to purchase are: Offer Details Price $110,000 Acreage 2 Acres Price/Acre $55,000/Acre Irrevocable Date March 9, 2021 Conditional/Title Date June 30, 2021 Completion Date Within 21 days of the Plan of Subdivision being registered (estimated mid-2021) The proposed building size is slightly less than the preferred 20% lot coverage; however, North Ridge Realty’s plans include two potential future expansions of 10,000 square feet each, which, at full buildout, would result in an approximately 34,000 square foot building or 39% lot coverage. The offer to purchase has been enhanced with a higher price and increased building coverage and the Development Commissioner is recommending that Council approve this agreement. CONSULTATION The Van Norman Innovation Park has been well advertised including on the Town’s website, an on-site sign that has been present since 2009 and many different marketing opportunities and advertisements. Staff reviewed the offers with the Economic Development Advisory Committee at their January 12, 2021 meeting with their feedback summarized as follows:  General Comments: • It was suggested that it could be beneficial to have more of the buildings owner-occupied space but still have some rental space available. • It was suggested that the minimum lot severance be two acres and not any smaller than that. • Potential buyers should be encouraged to access the Community Improvement Plan where applicable. Page 112 of 267 EDM 21-06 Page 4 of 6 Department Comment Response/Reason Building and Bylaw Not circulated yet No plans available yet Clerks Not circulated yet Will be made aware of bylaw requirements through this process. Engineering Before proceeding, the potential buyer should provide the Town with all the servicing requirement for this building including but not limited to:  Drinking water capacity requirements  Wastewater consumption – average daily flow, peak flows, etc  Fire flow requirements. (water pressure)  Proposed building footprint to include potential fire routes Proposed building activities (zoning) This information is not available yet and the lots are being sold as serviced lots, which means the Purchaser’s Site Plan application will largely be for their specific site with connections to municipal services. The Development Commissioner does not anticipate any issues with these items being addressed through the site plan process. Fire Department Not circulated yet No plans available yet. Planning Circulated Warehousing use is permitted by the proposed zoning for the property. Recreation, Culture & Parks Not circulated yet There are no anticipated impacts. Tillsonburg Hydro Inc Not circulated yet General servicing plan for the industrial park is being finalized. If these sales proceed, the Purchaser would be required to make a connection request with specific information relating to their development. Duncan, Linton LLP Circulated on January 5, 2021 No concerns Page 113 of 267 EDM 21-06 Page 5 of 6 FINANCIAL IMPACT/FUNDING SOURCE The offer to purchase have been negotiated at a value of $110,000 or $55,000/Acre. This value per acre represents the highest value per acre negotiated to date. The land sale revenue from this transaction will be used to pay the Town’s legal and closing costs with the net amount being contributed to the Economic Development Reserve. The funds in the Economic Development Reserve will be used to offset all expenditures related to the development of the Van Norman Innovation Park including servicing costs required to enable the development to proceed. Based on BMA 2019 data of $1.14 per square foot in tax revenue for a standard industrial building, the tax revenue for the proposed 13,939 square foot building is estimated at $15,890. 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 $24,000 to $31,000 . COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 114 of 267 EDM 21-06 Page 6 of 6 ATTACHMENTS Appendix A – Agreement of Purchase and Sale Page 115 of 267 Page I AGREEMENT OF PURCHASE AND SALE {the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- North Ridge Realty (2020) 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 fifty-five thousand Dollars ($55,000) per acre. The estimated area of the Property is two acres and the estimated total Purchase Price is one hundred ten thousand Dollars ($ 110,000), The final total Purchase Price shall be determined by the actual lot area of the Property confirmed by on Ontario Land Surveyor. The final total Purchase Price shall be adjusted based on the determined actual lot area. 3. The Purchase Price shall be paid as follows: (a) Twelve thousand Dollars ($12,000) deposit is payable by the Purchaser by certified cheque upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a 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 II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m . on the gth day of March, 2021 ("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. (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. Buyer's Initials --~Jt/1{/ Js,., Seller's Initials __ _ Page 116 of 267 ( c) The parties agree and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Tillsonburg . The Chief Administrative Officer of the Town of Tillsonburg , or his or her designate, shall negotiate the terms of this APS in good faith . However, the negotiation of the terms of this APS by the Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of Tillsonburg until such time as this APS is authorized and approved by the Council of The Corporation of the Town of Tillsonburg. 5. Council Approval (a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001, S .O . 2001 , c. 25 as amended and the approval of the Council of The Corporation of the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law. 6. Deed/Transfer (a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the terms of this Agreement. 7. Completion Date (a) The closing of this transaction shall take place within 21 days of the Plan of Subdivision being registered, 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 by April 30 , 2021 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 by June 30, 2021 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 cla ims 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 ex pense . If the Purchaser fails to deliver written notice to the Vendor within the t ime 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". Buyer's lnitials 7 ch10 ~ Seller's Initials --- Page 117 of 267 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and understands that upon Acceptance by the Vendor, and subject to any conditions herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 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. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resal e (a) The Purchaser covenants that it is purchasing the Property for the construction of a building and not for the purpose of resale of vacant land . SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its a gents and contractors shall be permitted to ins pect the Prope rty and any buildings as frequently as is reasonably necessary between the date of Acceptance a nd the Completion Da te at reasonable times and upon reasonable notice to the Vendor. 18. In s urance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their intere st may appear a nd in the event of damage to the Property. The Purchaser may e lect to either receive the proceeds of th e insurance and complete the purc hase or to cancel the APS and have all the depos it monies paid to the Vendor returned toge th e r with all interest earned the reon without deduction. SECTION V -COMPLETING THE TRANSACTION Buyer's lnitials_)21t-t~ Seller 's Initials --- Page 118 of 267 19. 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. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21 . Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws , rules and regulations with respect to the Property and any buildings located thereon . 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until June 30, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date , a discharge of all liens, encumbrances, agreements and mortgages now re gistered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date . (b) Any rents, mortgage, interest, ta xes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day its elf to be apportioned to the Purchaser. Buyer's Init i al ~ Seller's Initials __ _ Page 119 of 267 26. 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; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest re lating to HST; and (5) a notarial true copy of its HST registration confirma tion . SECTION VI -MISCELLANEOUS 28. Entire Agreement Seller's Initials __ _ Page 120 of 267 (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 29. 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. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP 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 Solicitors for the Purchaser: Jenkins & Gilvesy ATTENTION : Lisa Gilvesy 107 Broadway Till sonburg, ON N4G 3P5 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, s uch notices shall be deemed to have been received on the first business day following the date it was delivered or marked mailed out. 33. Successors and Assigns (a) T he 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 Ve ndor 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 tran saction contemplated by this APS on the Completion Date with such assignee or nominee. The Purchaser is released from all liability hereunder, if it assigns its interest in this APS . This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 34. Schedules (a) The following Schedules shall form a n integral part of this Agreement: Buyer's Initials~ Seller's Initials --- Page 121 of 267 (i) Schedule "A " Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule C" Easement; and, (iv) Schedule "D" Development Covenants. 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. 38. Access and Services (a) The parties acknowledge and agree that the road (Clearview Drive South) and municipal services (to the lot line) shall be installed by the Vendor on the Completion Date, or if not on the Completion Date within sixty (60) days of the Completion Date. Buyer's lnit i als0 6~ ~ Seller's Initials --- Page 122 of 267 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Tillsonburg , Ontario this 22nd day of February 2021. North Ridge Realty (2020) Inc. Per: Linda M. Carpani . . y,m &-y?a/~ Name: Linda M . Carpani Title· Name: ron Carpani Title: Vice President 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 ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: 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. Buyer's Initials~ Selle r's Initials --- Page 123 of 267 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 Lot 2. Concession 5 North of Talbot Road , and to be described by a new reference plan: \ ' \ ~ e.o~c Buyer's lnitialsj h'l(., ~ Seller's Initials -- Page 124 of 267 SCHEDULE "B" -PURCHASER CONDITIONS 1. Should registration of the Plan of Subdivision be delayed, the Town of Tillsonburg agrees to enter into a separate agreement with the Purchaser enabling access to the subject lands in order to enable the Purchaser to start construction and meet its commitments with respect to tenant agreement. Buye r 's Initials t};tA,A/ ~ / Sell e r's Initials --- Page 125 of 267 SCHEDULE"C"-EASEMENT TERMS AND PROVISIONS OF THE EASEMENT: I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of Tillson burg (the 'Town"), its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and with the further and continuing right to the Town, its successors and assigns, and its servants, agents and workers to enter upon the lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the municipal services and for every such purpose the Town shall have access to the said lands at all times by its agents, servants, employees and workers. 2. The Town covenants and agrees that, upon completion of any work undertaken hereunder, the Town will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Owner covenants with the Town to keep the lands herein described free and clear of any trees, buildings, structures or other obstructions which may limit the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed, roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything which might injure any of the works of the Town hereon. The term "building" as set out herein shall specifically include any window sills , chimney breasts, cornices, eaves or other architectural features projecting from the first floor of the building but shall not include window sills, chimney breasts, cornices, eaves or other architectural features projecting from the second floor of the building by less than two (2) feet and such second floor projections shall be specifically authorized and allowed to encroach upon the lands herein described. 4. The Town , by the acceptance and registration of the within easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of this easement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. This is an easement in gross. 7 . The location of the easement (if required) shall be specified as a PART or PARTS on the Reference Plan. Buyer's lnitials :;;~11,e..: (!.--Selle r's Initials --- Page 126 of 267 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS (a) The owner or owners of the property (the "Owner") upon which these development covenants attach (the "Property") covenants and agrees that it may not use the Property for its intended use and may not retain ownership of the Property unless the Owner has constructed a building for such use including obtaining a building permit for a permanent building with a minimum building coverage of sixteen percent (16%) of the total area of the Property. The Owner further covenants and agrees to commence construction of a permanent building on the Property which complies with the permitted uses of the Property's zoning within one (1) year of the date the Owner took title to the Property being the date of registration of transfer (the "Completion Date") and to substantially complete the construction of the said building in conformity with an approved site plan within two (2) years from the Completion Date of this transaction. (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 does not comply with the provisions of subclause 1.a) above within the periods therein specifically set out or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notice in writing to the Owner, re-convey good title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in consideration for payment by the Town of Tillsonburg to the Owner of 90% of the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "Discounted Consideration "). The re-conveyance shall be completed within sixty (60) days of the notice set out in this subclause. The Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all of its rea sona ble costs, realty commiss ion and legal fees incurred with respect to the original conveyance of the Property by the Town of Tillsonburg to the Owner, as well as the costs of the Town of Tillsonburg in re-acquiring the Property, including without limitation , realty commission, registration costs , land transfer tax , legal fees and such oth e r costs as reasonably incurred by the Town of Tillsonburg. The Town of Till sonburg shall not be required to pay for any improvements that may have been made, constructed , installed or performed by the Owner on the Property. (d) Subject to subclause 1.c) above , t he Owner covenants that it will not sell the Property or any part thereof to any person, firm or corporation without first offering, in writing, to se ll the Property to th e Town of Tillsonburg for consideration equ al to or less than the con sideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property less the costs of the Town of Tillsonburg incurred in re-acquiring the Property, including without limitation , real estate commiss ion , land transfer tax, registration costs, legal fees and such othe r costs as reasonably incurred by the Town of Tillsonburg, provided however that the Owner may sell or transfer the Property to a subsidiary or affiliate corporation as defined in the Business Corporations Act, R.S .O. 199 0, c.B.16 as amended , provided su c h subsidiary assumes and confirm s its acceptance of the within covenants and re strictions and expressly undertakes in writing to comply with them in such form as the Town of Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of a n offer made by the Own er under this subc lause, to accept such offer which accepta nce shall be in writing . If the Town of Tillsonburg does not accept an offer to sell made by the Owner under th e provi sions of this subcla use, the Town of Till sonburg 's right to re purchase the Property so offered shall terminate. Howeve r, the remaining provisions of this clause 1 as w ell as othe r provisions herein shall continue in full force and effect. The limitation contained in thi s subclause, will ex pire upon the Owner fulfilling all of the building require ments as set out in subclaus e 1.a ) and 1. b) a bove . 2. Town of Till sonburg Option on Vacant Portion of Land Buyer's Initial ~~!// Pc r Se ller's Initials --- Page 127 of 267 (a) The Town of Tillson burg shall have the option to repurchase such vacant portion of the Property not used by the Owner for the construction building( s) thereon provided such land is not reasonably ancillary to the Owner's use and occupation of the said building. (b) This option shall only be exercisable if the Owner has not constructed permanent buildings with a minimum building coverage of thirty percent (30%) of the total area of the Property. (c) The option shall be exercisable by the Town of Tillsonburg for consideration equal to the per square foot consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property. Any costs incurred by the Town of Tillsonburg in re-acquiring the subject portion of the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs shall be at the cost of the Town of Tillsonburg. (d) This option expires ten (10) years from the Completion Date. 3 . Development Standards (a) The Owner shall not construct and maintain 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 terra cotta; ceramic veneer; precast concrete panel; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish and subject to approval by the Town of Tillsonburg , in their sole and absolute discretion, acting reasonably , through the Town's Site Plan Approval process. (b) The Owner shall not use the Property unless any portion of any area of the Property to be used for open storage shall not be left so that any area is unenclosed, and any such areas shall be enclosed and designed so that the storage area is not visible from any municipal street. No storage shall be permitted within any set back area as set out in the Town of Tillsonburg Zoning By-Law, nor in front of any building or structure facing any municipal roadway. (c) 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. 4 . 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 or the provisions of the agreement of purchase and sale between the Owner and the Town of Tillsonburg and that the Owner will require every subsequent purchaser or every successor in title to assume and acknowledge the binding effect of this document, as well as, covenant to observe and comply with the Restrictions and other covenants herein, and the surviving provisions of this Agreement of Purchase and Sale. 5. Force Majeure (a) If the Owner shall be unable to fulfill, or shall be delayed or re stricted 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, 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 . 6 . Right to Waive Buyer's Initials /211 u ~ .? Seller's Initials --- Page 128 of 267 (a) Notwithstanding anything herein contained, the Town of Tillsonburg and its successors shall have the power by instrument or instruments in writing from time to time to waive, alter or modify the herein covenants and restrictions with respect to their application to any part of the Property without notice to or approval from the Owner or notice to or approval from the owners of any other adjacent or nearby lands. Buyer's Initials>'~/// ./--Seller's Initials __ _ Page 129 of 267 Page 1 of 6 Subject: 2021 Development Charge Study Update Report Number: FIN 21-08 Department: Finance Submitted by: Sheena Pawliwec, CPA, CGA, Director of Finance/Treasurer Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT a By-Law to Amend Development Charges By-law 4315 for the Town of Tillsonburg be brought forward for consideration at the March 22, 2021 Council meeting. BACKGROUND On September 18, 2020, the Minister of Municipal Affairs and Housing announced provincial amendments to the Development Charges Act. In response, County Council in agreement with the Area Municipalities retained Watson & Associates Economists Ltd. (Watson) to facilitate an Oxford County and Area Municipalities joint review and update of current Development Charge Background Studies and By-laws to reflect amendments. This joint review process facilitated by Watson involved collaboration with a Steering Committee comprised of representation from the County and all the participating Area Municipalities to review the legislative changes and assist in developing appropriate revisions with a view to achieve compliance where necessary and to consider options for discretionary provisions. An electronic statutory public meeting was held at the regular Tillsonburg Council meeting scheduled on Monday, February 22 at 6pm. Watson presented the findings from the joint review and an opportunity was provided for public input on the municipality’s proposed D.C. By-Law and underlying background study update. Page 130 of 267 FIN 21-08 Page 2 of 6 This report has been prepared in response to the following resolution as approved by Council on February 22, 2021; Resolution # 2021-088 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives the presentation by Watson & Associates regarding the 2021 development charges update study, as information; AND THAT staff bring forward a report on March 8, 2021, that reviews the Watson and Associates development charges update study and that the study be circulated to our local committees. DISCUSSION The purpose of the proposed D.C. By-Law amendment is to reflect the recent amendments to the Development Charge Act made through the More Homes, More Choice Act, and COVID-19 Economic Recovery Act. These amendments include changes to the D.C. recoverable costs and timing of calculation and collection of D.C’s and statutory exemptions. All other components of the Town’s existing 2019 D.C. Background Study and D.C. By-law 4315 remain unchanged including its existing expiry on June 13, 2024 (unless repealed by Council at an earlier date). The following are amendments to the By-Law policy to ensure compliance with the revised legislation; Statutory Exemptions  Intensification of housing within existing residential buildings and associated ancillary structures and second dwelling units within (or within structures ancillary to) new residential dwellings: o May add up to two apartments for a single detached home as long as size of home doesn’t double. o Add one additional unit in medium & high density buildings.  The creation of a second dwelling unit in prescribed classes of new residential buildings, including structures ancillary to dwellings. Collection Timing  D.C.’s for developments proceeding through site plan or zoning By-Law amendment will be determined based on the charges in effect on the day of application. Charges will be frozen for a maximum of two years after the date the planning application is approved. Page 131 of 267 FIN 21-08 Page 3 of 6  Payment of D.C’s related to rental housing and institutional development in 6 equal annual installments commencing on the date of occupancy. o Institutional development includes long term care homes, retirement homes, universities and colleges, memorial homes, clubhouses or athletic grounds of Royal Canadian Legion, and hospices.  Non-profit housing will pay D.C.’s in 21 equal annual payments commencing from the date of occupancy. Recoverable costs  Removal of the 10% statutory deduction on previously deemed “soft services” from the calculation of the charge for Parks and Recreation Services, and Administration Studies.  Reallocation of service specific studies. o Administration Studies Service changed to Growth-Related Studies. Those that were included in the Administration Studies within the current D.C. By-Law have been reallocated to the individual services to which they relate.  Inclusion of the D.C. amendment costs (Tillsonburg - $7,085). Interest charges The imposition of interest charges to D.C.’s determined at site plan or zoning bylaw amendment application dates and on installment payments are discretionary and will be imposed as identified the Town’s amending By-Law. Staff is in support of the Steering Committee’s opinion that the Bank of Canada prime rate + 2% is a fair interest charge to ensure that growth pays for growth; to compensate for costs related to the delay in collection of funds for growth related projects. The amount will be set annually at the time the D.C. rates are indexed, being April 1st. The interest rate will remain fixed for the duration of the installment payments. Transition Timing A By-Law effective date of April 1, 2021 has been selected to coincide with the Town’s regular annual indexing. By doing so this provides a simplified D.C. charge adjustment offering a streamlined, uncomplicated schedule of charges to developers and reducing administration time by staff. Additionally, this aims to achieve consistency between the Town, County, and Area Municipalities. Page 132 of 267 FIN 21-08 Page 4 of 6 The D.C. changes are required to be implemented by municipalities by September 18, 2022 which reflects a two-year timeframe from the date of the initial provincial announcement. The Development Charge Update Study as prepared by Watson has a shelf-life of one year after which time, should the proposed amending By-Law not be passed, it would be required to be recompleted. CONSULTATION Watson in collaboration with a Steering Committee comprised of representation from the County and all the participating Area Municipalities reviewed the legislative changes and assisted in developing appropriate revisions with a view to achieve compliance where necessary and to consider options for discretionary provisions. The Director of Finance, Chief Building Official, and Director of Corporate Services/Clerk participated in the specific review regarding the Town’s Development Charges. Additionally, the entire Senior Leadership Team was consulted for feedback with respect to the potential for additional adjustment opportunit ies for consideration during the interim review process. Under the Development Charges Act, a public meeting is required prior to the passing of a development charge By-Law(s). The purpose of this meeting is for the public to ask questions and/or provide comments on the background study and proposed By-Law(s). The draft Tillsonburg Development Charge Update Study (Attachment A) including the proposed amending By-Law was posted to the Town’s website on January 21, 2021 offering in excess of 60 days’ notice in advance of the statutory public meeting which took place on February 22, 2021. Advertisement of the public meeting was posted to the Town’s website and placed in the local newspaper. The update study and the presentation material have also been circulated to all Town committees in addition to builders and developers operating throughout the Town. FINANCIAL IMPACT The resulting financial effect of these legislative changes by service/class equates to an increase of $98,396 as outlined under Table 1. The change to the current Town D.C. rates in comparison to the amended 2021 rates is depicted within Table 2. The single/semi-detached and non-residential schedule of charges comparison is further broken down as contained in Table 3. It is important to note that all figures have been indexed for 2021 at a rate of 2.5% in accordance with the most recent twelve month change in the Statistics Canada Quarterly, “Construction Price Statistics”. Page 133 of 267 FIN 21-08 Page 5 of 6 Table 1: Development Charge-Eligible Cost Comparison Table 2: Amended 2021 Schedule of Charges* Table 3: 2021 Single/Semi-Detached & Non-Residential Schedule of Charges Comparison* * The current and amended 2021 charges have been indexed in accordance with the most recent twelve month change in the Statistics Canada Quarterly, “Construction Price Statistics” (2.5%). In summary, the resulting D.C. increase to residential development totals 4.4% relating to the Town’s portion of charges and 0.7% on the County’s portion resulting in a blended total residential D.C. charge increase of 2.1%. The D.C. increase to non- residential development totals 0.2% relating to the Town’s portion of charges however Page 134 of 267 FIN 21-08 Page 6 of 6 the existing By-Law exempts the collection of the Town’s portion of non-residential D.C. charges; no changes to this exemption are presently proposed. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Watson & Associates Town of Tillsonburg 2021 Development Charges Update Study Page 135 of 267 February 22, 2021 Town of Tillsonburg 2021 Development Charges Update Study 1 Public Meeting Page 136 of 267 Introduction •This meeting is a mandatory requirement under the Development Charges Act (D.C.A.) •Prior to Council’s consideration of a by-law, a background study must be prepared and available to the public a minimum of 2 weeks prior to a public meeting and provided on the municipality’s website 60 days prior to by-law passage •Purpose of the public meeting is to provide an overview of the proposed amendment and to receive public input on the matter Public Meeting Purpose 2 Page 137 of 267 Introduction •Development Charges (D.C.) Update Study prepared to amend the Town’s 2019 D.C. Background Study and By-law 4315 •Purpose of the proposed D.C. by-law amendment is to: •Reflect recent amendments to the D.C.A. made through the More Homes, More Choice Act, and COVID-19 Economic Recovery Act, including: •Changes to the D.C. recoverable costs (i.e.removal of the 10% statutory deduction, updates to capital cost estimates and reallocation of service specific growth-related studies); and •Changes to the timing of calculation and collection of D.C.s and statutory exemptions •All other components of the 2019 D.C. Background Study and D.C. By- law 4315 remain unchanged Development Charges Update Study and By-law Amendment 3 Page 138 of 267 D.C. By-law Amendment •Changes to the D.C. recoverable costs by service include: •Removal of the 10% statutory deduction from the calculation of the charge for Parks and Recreation Services and Administration Studies •Reallocation of service specific studies and inclusion of D.C. amendment costs D.C. Eligible Costs 4 Municipal Wide Services/Class of Service: Roads and Related 8,775,358 8,835,358 60,000 Fire Services 489,400 526,900 37,500 Police Services 44,644 44,644 - Parks & Recreation 677,510 923,561 246,051 Administration Studies (Growth-Related Studies)382,596 137,441 (245,155) Total 10,369,508 10,467,904 98,396 Change ($)2021 By-law Amendment2019 D.C. StudyService/Class Page 139 of 267 2020 D.C. Amendment Proposed Schedule of Charges 5 2019$ 2021$ Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples (per m 2 of Gross Floor Area) (per Wind Turbine) Municipal Wide Services/Class of Service: Roads and Related 4,462 2,379 1,609 2,803 19.86 4,462 Fire Services 550 293 198 346 2.57 550 Police Services 47 25 17 29 0.22 47 Parks & Recreation 1,172 625 423 736 1.02 - Growth-Related Studies 297 158 107 187 1.35 297 Total 6,528 3,480 2,354 4,101 25.01 5,356 NON-RESIDENTIAL Service/Class RESIDENTIAL Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples (per m 2 of Gross Floor Area) (per Wind Turbine) Municipal Wide Services/Class of Service: Roads and Related 4,704 2,508 1,697 2,955 20.93 4,704 Fire Services 580 309 209 364 2.71 580 Police Services 49 26 18 31 0.23 49 Parks & Recreation 1,235 659 446 776 1.08 - Growth-Related Studies 313 167 113 197 1.43 313 Total 6,882 3,669 2,483 4,323 26.37 5,647 Service/Class RESIDENTIAL NON-RESIDENTIAL Page 140 of 267 D.C. Impacts and Municipal Comparisons 6 Page 141 of 267 2020 D.C. Amendment Development Charge Comparison (2021$) 7 Service/Class Current 2021 By-law Amendment Change ($)Change (%) Municipal Wide Services/Class of Service: Roads and Related 4,675 4,704 30 0.6% Fire Services 540 580 40 7.4% Police Services 50 49 - 0.0% Parks & Recreation 907 1,235 329 36.3% Growth-Related Studies 422 313 (109) -25.8% Total 6,592 6,882 290 4.4% Municipal Wide Services/Class of Service: Roads and Related 20.80 20.93 0.13 0.6% Fire Services 2.52 2.71 0.19 7.5% Police Services 0.23 0.23 - 0.0% Parks & Recreation 0.79 1.08 0.28 35.4% Growth-Related Studies 1.97 1.43 (0.54) -27.4% Total 26.31 26.37 0.06 0.2% Residential Single and Semi-Detached Dwelling Non-Residential (per sq. m. of Gross Floor Area) Page 142 of 267 Municipal D.C. Comparison per Single Detached Residential Dwelling Unit (2021$) 8 $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 Residential Development Charges (per Single Detached Dwelling) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 143 of 267 Municipal D.C. Comparison $ per sq.m. of Commercial Gross Floor Area (2021$) 9 $0 $50 $100 $150 $200 $250 Commercial Development Charges (per sq.m. of GFA) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 144 of 267 Municipal D.C. Comparison $ per sq.m. of Industrial Gross Floor Area (2021$) 10 $0 $20 $40 $60 $80 $100 $120 Industrial Development Charges (per sq.m. of GFA) Education DCs Upper Tier Charges Lower/Single Tier Charges Page 145 of 267 D.C. By-law Policies 11 Page 146 of 267 D.C. By-Law Policies •Except for the following revisions, policies contained within By- law 4315, remain unchanged •Rental housing and institutional developments will pay D.C.s in 6 equal annual payments, commencing from the date of occupancy •Non-profit housing will pay D.C.s in 21 equal annual payments, commencing from the date of occupancy •D.C. for developments proceeding through Site Plan or Zoning By-law Amendment will be determined based on the charges in effect on the day the application is made •Charges to be frozen for a maximum period of 2 years after planning application approval 12 Page 147 of 267 D.C. By-Law Policies •Interest on installment payments and charges calculated at Site Plan or Zoning By-Law Amendment application will be imposed as identified the Town’s amending by-law. Proposed policy is consistent with that of the County and area-municipalities (excl. Woodstock). •Interest to be charged at the Bank of Canada Prime lending rate + 2% •Interest rate to be determined at April 1st of each year •This interest rate is to be fixed throughout the duration of the installment payments Interest Charges 13 Page 148 of 267 D.C. By-Law Policies •Residential intensification (within existing residential buildings or structures ancillary to existing residential buildings): •May add up to two apartments for a single detached home as long as size of home doesn’t double •Add one additional unit in medium & high density buildings •The creation of a second dwelling unit in prescribed classes of new residential buildings, including structures ancillary to dwellings Statutory Exemptions 14 Page 149 of 267 Next Steps 15 Page 150 of 267 Next Steps •Council will receive input from the public and consider any amendments to the D.C Update Study and draft amending By-law •Council to approve D.C Update Study and consider adoption of amending D.C. By-law –March 22, 2021 •By-law effective date –April 1, 2021 16 Page 151 of 267 Page 1 of 2 Subject: Fire Department Establishing By-Law Update Report Number: FRS 21-01 Department: Fire and Rescue Services Submitted by: Brad Lemaich, Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT a By-Law to establish a fire department and to repeal By-Law 3190, be brought forward for Council’s consideration. BACKGROUND By-Law 3190, being a By-Law to establish a Fire Department, was last revised in 2005. A further revision is now required so that the By-Law reflects the current organizational structure and approved core services provided by Tillsonburg Fire and Rescue Services. DISCUSSION On April 10th 2017 report FRS17-02 was put forward to council to address needed changes to Schedule “A” of By-Law 3190. That report was based on recommendations made by the Fire Strategic Planning Committee. Council received the report, and passed motion #17 to revise Schedule “A” as recommended. Consultation with the Clerk’s Office confirms that the amended and approved Schedule “A” was never consolidated into the By-Law and that the 2005 edition of the By-Law in its entirety remains in effect. Further review of By-Law 3190 shows a need to revise the wording of the By-Law to reflect changes in provincial emergency management legislation. Schedule “B” of the By-Law, the organizational chart, requires changes to reflect the current approved organizational structure of the fire department. Schedule “C”, General Duties and Responsibilities, requires changes to add the approved Platoon Chief positions, revise Page 152 of 267 FRS 21-01 Page 2 of 2 the performance outcome standards to those currently in use by the fire service in Ontario, and adjustments to position specific duties to align with current job descriptions. Schedule “D”, Fee Schedule can be removed in its entirety as By-Law 2021-04 now encapsulates all Town of Tillsonburg fees. CONSULTATION The Fire Chief and the Clerk’s Office have consulted to determine the current By-Law and Appendices in effect as approved by Tillsonburg Council. 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 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 – Redlined version of By-Law 3190 Page 153 of 267 Page 1 of 21 The Corporation of the Town of Tillsonburg By-Law No. 3190 Being A By-law to ESTABLISH A FIRE DEPARTMENT (Short Title Tillsonburg Fire and Rescue Services E & R”) WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act; AND WHEREAS Section 9 of the Municipal Act, S.O. 2001, c. 25, as amended provides that Sections 8 and 11 shall be interpreted so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate and (b) enhance their ability to respond to municipal issues; AND WHEREAS Part II, Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended, permits the council to enact a by-law to establish a fire department to provide fire protection and fire prevention services and for participating in an emergency fire services program c.25, s.475 (2); and, AND WHEREAS the corporation of the Town of Tillsonburg has established a fire department commonly known as Tillsonburg Fire & Rescue Services; AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, c 25, as amended, authorizes a municipality by By-law to impose fees or charges on any class of persons for services or activities provided or done on behalf of the municipality and for the use of the municipality’s property, including property under its control; BE IT THEREFORE ENACTED by the Municipal Council of the corporation of the Town of Tillsonburg, as follows: 1. Definitions: In this by-law, unless the context otherwise requires, the following terms shall have the meanings indicated: Approved Shall mean approved by the Council. Automatic Aid Shall mean any agreement under which a municipality agrees to provide an initial response to fires, rescues and emergencies that may occur in part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or a municipality agrees to provide a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of another municipality. Community Emergency Management Coordinator (CEMC) Shall mean the Community Emergency Management Coordinator responsible for the coordination of persons and systems respecting emergency management planning activities including the maintenance of and training for prevention, mitigation, preparedness, response and recovery plans in order to reduce the impact on the community in the case of a major emergency, in accordance with the Emergency Management Act, 2003. Emergency Management and Page 154 of 267 Page 2 of 21 Civil Protection Act, R.S.O. 1990,c.E.9 Chief Administrative Officer Shall mean the person appointed by council to act as chief administrative officer for the corporation. Chief Officer Shall mean a general term which may refer to the Fire Chief, Director of Emergency Services, Deputy Fire Chief(s) or any qualified person as delegated by the Fire Chief and Director of Emergency Services to act as chief officer respecting matters of command and control of any emergency operation or situation, as required. Company Shall mean a complement of firefighting personnel operating one or more pieces of apparatus under the supervision of an officer. Corporation Shall mean the Corporation of the Town of Tillsonburg. Council Shall mean the Council of the Town of Tillsonburg. Deputy Fire Chief, Alternate CEMC Shall mean the person or persons appointed by council to act on behalf of the Fire Chief of the fire department in the case of an absence or a vacancy in the office of Fire Chief and who is qualified to act as CEMC in the case of an absence or a vacancy in the office of the CEMC. Emergency System Shall mean a sprinkler system, standpipe system, fire extinguishing system, smoke control system, emergency power system, fire pump system, voice communication system or any other device monitored through a fire alarm system. Fee or Fees for Service Shall mean in relation to this by-law and any other by- law pertaining to fire protection services, as amended from time to time or any successor by-law thereto, means any fee imposed for services and billed pursuant to the above as approved by Council. Fire Chief, (CEMC) Shall mean the person appointed by by-law and such Fire Chief shall be the senior administrator and general manager of the fire department, and for the purposes of the FPPA shall be the Fire Chief and Chief Fire Official of the Municipality whose duty it shall be to perform all statutory functions of the Fire Chief and Chief Fire Official, and shall perform such other duties as prescribed by Council and is also responsible for the coordination, administration and maintenance of the Tillsonburg Emergency Management Program. The Fire Chief shall report to council as required by the Fire Protection and Prevention Act, 1997 and in accordance with the provisions established by the Emergency Management Act, 2003 Emergency Management and Civil Protection Act,R.S.O. 1990,c.E.9. The Fire Chief shall be responsible for all duties and responsibilities relegated by the FPPA and EMA EMCPA. Fire Department Shall mean the fire department of the Town of Tillsonburg also known as Tillsonburg Fire and Rescue Services and shall include the Fire Chief, the Deputy Chief(s), Platoon Chief(s), Division Heads, Fire Captain(s) and all firefighters appointed by the council. Page 155 of 267 Page 3 of 21 Firefighter Shall mean the Fire Chief and any other person employed in, or appointed to the fire department and assigned to undertake fire protection services, and includes a volunteer firefighter. Fire Protection and Prevention Act, 1997 (FPPA) Shall mean the Fire Protection and Prevention Act 1997, S.O. c.4, as amended and any Regulation made under it. Fire Protection Services Shall mean those services provided within the divisions of fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services. Full-time Firefighter Shall mean a person regularly employed in the fire department on a full-time salaried basis and assigned exclusively to fire protection services. Malicious Act Shall mean a wrong act done intentionally by any person without just cause or excuse. Member Shall mean a full-time firefighter, volunteer firefighter and officer of Tillsonburg Fire and Rescue Services, but excludes the Fire Chief, Deputy Fire Chief, and any other administrative staff assigned to the fire department. Motor Vehicle Shall mean the same as prescribed in the Highway Traffic Act R.S.O. 1990 c. H.8, as amended. Mutual Aid Shall mean a program to provide or receive assistance in the case of a major emergency in a municipality. Non-resident Shall mean a person who is neither a property owner nor a tenant of property within the Town of Tillsonburg. Nuisance False Alarm Shall mean the activation of a fire alarm system through a mechanical failure, equipment malfunction, improper installation of the system, or failure to maintain the system as prescribed by the Fire Code, being O.Reg. 388/97, as amended, but does not include the activation of a fire alarm system where the activation occurred as a result of the accidental damage to the system. Officer Shall mean the Fire Chief, Deputy Fire Chief(s), Platoon Chief(s), Fire Captain(s) and any other such person as may be designated an officer from time to time by the Fire Chief. Owner Shall mean any person, firm or corporation having control over any portion of a building yard or other property under construction and includes persons of that building, yard or property as prescribed by O. Reg. 388/97, as amended (The Ontario Fire Code). Platoon Shall mean two companies of personnel operating two or more pieces of apparatus under the supervision of a Chief Officer. Page 156 of 267 Page 4 of 21 Property Shall mean any public or private real property within the Town of Tillsonburg including buildings, structures, and erections of any nature and kind in or upon such lands, but excludes real property owned by the Federal or Provincial Crown. Rescue and Emergency Services Shall mean any life or property saving activity that is unrelated to fire suppression and fire prevention but include emergency medical services, hazardous materials response and specialized rescues including vehicle extrication, technical rope rescue, high / low angle rescue, confined space rescue, water & ice rescue, trench rescue, specialized electrical rescue and elevator rescue and any other rescue or activity approved by council and specified in Appendix C of this By-law. Volunteer Fire Fighter Shall mean a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. 2. Establishment The fire department for the Town of Tillsonburg and commonly known as Tillsonburg Fire and Rescue Services is hereby established under the direction of the Fire Chief to provide fire protection services and such other approved rescue and emergency services for the Town of Tillsonburg in accordance with Part II, Sections 2. (1), (2) & (3) if the FPPA, as outlined in the Public Fire Safety Guideline, PFSG 04-12-13, SCHEDULE ‘A’ of this By-Law. 3. Composition Approved Organizational Chart The fire department shall be structured in conformance with the approved Organizational Chart, SCHEDULE ‘B’, forming part of this By-law. The fire department shall consist of a Fire Chief who is the head of the fire department as appointed by council and such numbers of Deputy Fire Chiefs, Platoon Chiefs, Division Heads, Fire Captains, Fire Fighters and clerical staff as may be authourized or considered necessary from time to time by the Council, in order for the Fire Department to perform fire protection services, rescue and emergency services for the municipality in an efficient and effective manner. Further, the provision of fire protection services and other rescue and emergency services to any municipality outside of the territorial jurisdiction of the Town of Tillsonburg is permissible through Automatic Aid, Mutual Aid, this By-law or any other agreement between said municipality and the Corporation of the Town of Tillsonburg. 4. Fire Chief Responsibilities and Authority a) The Fire Chief shall be the head of the Fire Department and shall report to the council as required by the FPPA, through the Chief Administrative Officer and be responsible for the proper administration and efficient and effective operation of the fire department including the delivery of approved Programs and Services and is generally responsible for the following operational matters: 1) For the care and protection of all property belonging Page 157 of 267 Page 5 of 21 to the fire department; 2) For arranging the provision of necessary and proper facilities, apparatus, equipment and supplies for the fire department; 3) For determining and establishing in conjunction with the Council through the Chief Administrative Officer, the qualifications and criteria for employment or appointment and the duties of all officers, firefighters and administrative staff of the fire department; 4) For the conduct and discipline ranging from reprimand to dismissal of any officer, member or administrative services staff person of the Fire Department; 5) For preparing, or upon approval by the council, coordinating, implementing and maintaining a Master Fire Services Plan and program for the municipality, and any other such similar plans required by the Fire Protection and Prevention Act, and any other such Act or Regulation as may be proclaimed by the Government of Ontario and the Government of Canada; 6) For assisting with any other public official in an emergency declared by the Head of Council, the Premiere of Ontario, or the Prime minister of Canada; 7) For reporting to the appropriate crown attorney, or other prosecutor, or law enforcement or other officer the facts upon the evidence in any case in which there is reason to believe that a fire has been the result of criminal intent or negligence or in which there is reason to believe an offence has been committed under the Fire Protection and Prevention Act, 1997; 8) For keeping an accurate record, in convenient form for reference, of all fires, inspections, rescues and other emergencies responded to by the Fire Department in a manner consistent with the applicable records management policies of the Town of Tillsonburg; 9) For keeping such other records as may be required by the council; 10) For preparing and presenting periodic reports to the Council through the Chief Administrative Officer as requested and any other specific reports requested by the Council; and, 11) For preparing and presenting the annual business plan and estimates of the Fire Department to the Council through the Director of Finance and for exercising control over the budget approved by the Council for the Fire Department. Page 158 of 267 Page 6 of 21 b) The Fire Chief shall further take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and the management of emergencies within the territorial jurisdiction of the municipality provided that such general orders, policies, procedures, rules, regulations and other measures do not conflict with the provisions of this By-law or any other By-law of the municipality, and shall exercise all powers mandated by the Fire Protection and Prevention Act, and without restricting the generality of the foregoing shall be empowered to authorize: 1) pulling down or demolishing any building or structure to prevent the spread of fire, and 2) all necessary actions which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner, and 3) recovery of expenses incurred by such necessary actions for the corporation in the manner provided through the Municipal Act and the Fire Protection and Prevention Act. c) The Fire Chief shall be responsible for the enforcement of this By-law and the development and enforcement of all general orders, policies, standard operating guidelines, procedures, and rules and regulations established under this By-law and for the enforcement of any other by-laws of the corporation respecting the administration and operation of the Fire Department, and shall review periodically such laws and may, for this purpose, establish advisory committees consisting of officers and other persons (including members of the general public) as the Fire Chief and Director of Emergency Services may determine necessary from time to time to assist him in the discharge of this duty. d) The Fire Chief shall periodically review, revise or terminate, as required general orders, policies, procedures and rules of the fire department. e) In the case of by-laws, including this By-law, recommend to the Council through the Chief Administrative Officer, such amendments, as the Fire Chief considers appropriate. f) The Fire Chief shall have all powers, rights and duties assigned to a Fire Chief under the Fire Protection and Prevention Act, 1997, including without limitation the authority to enforce compliance with the Fire Code made under this Act. g) The Fire Chief shall provide liaison with any association or union representing members of the Fire Department. h) The Fire Chief shall provide liaison with the Office of the Fire Marshal and Emergency Management of Ontario and any other office or organization as required by the council or as considered necessary or advisable by the Fire Chief for the proper administration and efficient Page 159 of 267 Page 7 of 21 operation of the Fire Department and the effective management of fire protection services for the corporation. i) The Fire Chief may utilize such officers, members and administrative staff of the Fire Department as the Fire Chief and Director of Emergency Services may determine, from time to time, to assist in the performance of his duties. j) Where Fire Chief designates a member to act in the place of himself or another officer in the fire department, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced. 5. Authority to leave municipal limits The fire department shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to a fire or emergency: a) that, in the opinion of the Fire Chief or designate of the fire department, threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality, b) in a municipality with which an approved agreement has been entered into to provide fire protection services which may include automatic aid, c) on property with which an approved agreement has been entered into with any person or corporation to provide fire protection services, d) at the discretion of the Fire Chief, to a municipality authorized to participate in any county, district or regional mutual aid plan established by a fire coordinator appointed by the fire marshal or any other similar reciprocal plan or program, e) on property beyond the municipal boundary where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate department is notified to respond and assume command or establish alternative measures, acceptable to the fire chief or his designate. 6. Deputy Fire Chief In addition to the Fire Chief, the Council shall appoint a Deputy Fire Chief. The Deputy Fire Chief shall be the second ranking officer of the Fire Department and shall be subject to and shall obey all orders of the Fire Chief and shall perform such duties as are assigned by the Fire Chief, and shall, when the Fire Chief is not available, have the powers and perform the duties of the Fire Chief. 7. Divisional responsibilities designated by chief Each division of the fire department is the responsibility of the Fire Chief and is under the direction of the Fire Chief or a member designated by the Fire Chief. Designated members shall report to the fire chief on divisions and activities under their supervision and shall carry out all orders of the Fire Chief. 8. Supervision of Personnel The officers, members and other administrative services staff personnel of the Fire Department while on duty shall be under the direction and control of the Fire Chief Page 160 of 267 Page 8 of 21 or the next ranking officer. 9. Eligibility for Employment Every applicant and every probationary member of the Fire Department Suppression Division shall: a) Be at least 18 years of age; b) Complete and successfully pass written and verbal examination suitable to the Fire Chief; c) be in good health, physically fit, acquire a medical certificate of good health from a medical practitioner, prior to commencement of employment; d) once employed, possess and demonstrate to the satisfaction of the Fire Chief the ability to safely endure the physical demands typically required for structural firefighting, including such psychomotor skills used for lifting, climbing, dragging, carrying, pulling and crawling in unfavourable conditions in any meteorological environment; e) possess obtain within a timeline approved by the Fire Chief, at a minimum an Ontario Class D, driver’s permit and once employed continually maintain the same and complete an air brake endorsement; f) work and reside within such reasonable proximity to the fire department in order to respond to the fire station when called so as to efficiently and effectively attend emergent and non-emergent alarms in such a timely fashion, suitable to the satisfaction of the Fire Chief and able to maintain the minimum attendance levels as required by general orders, policies, standard operating guidelines, procedures, rules and regulations made under this By-law; g) provide proof through certified instrument acceptable to the Fire Chief a record free of any and all conviction for an offence or offences under the Criminal code of Canada and once employed maintain same or be subject to dismissal. 10. Probationary Period for New Employees Persons hired as probationary firefighters to the Fire Department shall be on probation for a period of 12 months, during which period they shall take such special training and examination, as may be required by the Fire Chief. 11. Dismissal - Probationary Employees If a probationary member employed in, or appointed to, fire protection services fails any such training and examinations or his or her prescribed duties, the Fire Chief may dismiss said member pursuant to corporate policy and procedure. 12. Appointment of Member Following the successful completion of the probation term, the Fire Chief may recommend to the Council through the Chief Administrative Officer. The appointment of the qualified person, as a member of the Fire Department, subject to the hiring policies of the Town of Tillsonburg. 13. General Duties and Responsibilities Members shall conduct themselves in accordance with rules and regulations of the Fire Department, established by SCHEDULE ‘C’ of this By-law and shall give their whole and undivided attention, while on duty, Page 161 of 267 Page 9 of 21 to the efficient operation of the Fire Department and shall diligently and faithfully perform the duties assigned to them to the best of their ability. 14. Remuneration, Terms and Conditions of Employment Working conditions, remuneration and other terms of conditions of employment or appointment of the Fire Chief, Deputy Fire Chief, officers, Fire Fighters and members of administrative services shall be determined by the council. 15. Discipline and Suspension of members The Fire Chief may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders, policies, standard operating guidelines, procedures, departmental rules or regulations that, in the opinion of the fire chief, would be detrimental to discipline or the efficiency of the fire department. 16. Written Report to Council Following the suspension of a member, the Fire Chief shall immediately report, in writing, the suspension and recommendation to the Council through the Chief Administrative Officer. 17. Termination procedures The procedures for termination of employment prescribed in the corporation’s personnel Policy shall apply to all firefighters. 18. Fees for Service The Council hereby establishes certain fees for service(s) as established in By-Law 2021-004 and its successive revisions. 19. General This by-law comes into effect the day it is passed by the Council, in the manner appropriate to the municipality. 20. Repealed By-law 2176 is repealed on the date this By-law is passed by the Council. 21. Schedules Schedules A, B, C & D are deemed to be an integral part of this By-law. Passed in Open Council on _______________________________ SEALED and NUMBERED 3190 this ______ day of ______________ 2005. Mayor _______________________________________ Clerk _______________________________________ First Reading November 28, 2005 Second Reading November 28, 2005 Third Reading __________________________, 2005 Page 162 of 267 Page 10 of 21 SCHEDULE ‘A’ APPROVED DELIVERY OF CORE SERVICES (Revised Apr., 2017 Feb. 2021) Tillsonburg Fire and Rescue Services Emergency Response: 1 basic firefighting - no expected rescue component Approved 2 structural firefighting including rescue Approved 3 vehicle firefighting Approved 4 grass, brush, forestry firefighting Approved 5 marine firefighting Not Applicable 6 automatic aid Approved 7 mutual aid Approved 8 tiered medical response Approved 9 awareness level hazardous materials Approved 10 operations level hazardous materials Approved 11 technician level hazardous materials Not Approved 12 vehicle accidents Approved 13 vehicle extrication Approved 14 transportation incidents involving vehicles, trains, aircraft and watercraft Approved 15 water and ice - shore based Approved 16 water and ice - water entry Approved 17 water and ice - boat Approved 18 public assistance Approved 19 ambulance assistance Approved 20 police assistance Approved 21 public utilities assistance Approved 22 community emergency plan participation Approved 23 urban search and rescue - light Approved 24 urban search and rescue - heavy Not Approved 25 High angle rescue Approved 26 Confined space confined space - operations level Approved 27 trench rescue – operations level Approved 28 farm/silo rescue Machinery rescue Approved 29 role as Assistant to Fire Marshal re suppression Approved Fire Prevention and Public Education: 1 selection of appropriate programs Approved 2 role of chief fire official Approved 3 role of Assistant to Fire Marshal re prevention Approved 4 input into fire prevention policy development Approved 5 code development input Approved 6 development of fire prevention by-laws Approved 7 inter-action with building department(s) Approved Page 163 of 267 Page 11 of 21 8 inter-action with other government agencies Approved 9 inspection practices, including complaints inspections Approved conducting routine inspections per fire prevention policy Not Approved dealing with code compliance issues (mandated) Approved enforcing municipal by-laws Approved conducting inspections, preparing reports and issuing written responses to requests Approved issuing permits Approved 10 public education practices, including providing routine education programs as per fire prevention policy Approved facilitating smoke alarm initiatives Approved providing access for media Approved delivery of specialized programs Approved 11 fire investigation practices, including determining cause and origin Approved assessing code compliance Approved assessing fire suppression effectiveness Approved determining compliance with building standards Approved determining effectiveness of built-in suppression features Approved interacting with OFM investigator Approved supporting criminal prosecutions Approved consulting with police and other agencies Approved providing forensic services Not Applicable 12 plans examination and approval practices, including examining and approving new construction plans Not Approved examining and approving renovation plans Not Approved reviewing and approving sub- division/development agreements Approved reviewing and approving site plans Approved providing on-site inspection of approved plans to determine compliance Approved issuing occupancy permits Not Approved 13 preparation for and appearances in court Approved 14 systems checking, testing and approval Approved 15 compile, analyze and disseminate functional statistics Approved 16 consultation with architects, engineers, planners, contractors and building trades Approved Fire Administration: 1 planning & growth practices, including master planning Approved Page 164 of 267 Page 12 of 21 evaluating programs and services Approved projecting station locations and reallocations Not Approved determining staffing levels and assignments Approved coordinating with other emergency services Approved coordinating development with other community departments Approved coordinating with other Counties/Districts/Regions Approved 2 financial & records analysis practices, including coordinating use of information from suppression activities Approved coordinating use of information from fire prevention activities Approved transitional adjustments for capital stock Approved input into level of service issues (based on available funding) Approved developing, controlling and monitoring budgets Approved coordinating with department divisions Approved identifying alternative sources of revenue and fees for services Approved operating Approved capital Approved purchasing Approved 3 records management, including note taking Approved records retention Approved freedom of information legislation Approved 4 human resources practices including recruitment, selection and retention Approved promotion Approved performance evaluation Approved career development and higher education Approved job classifications Approved secondary employment Not Applicable 5 client/customer relations practices, including preserving local identity Approved enhancing fire department image Approved marketing Approved environmental scanning, anticipating pressures and developing communication strategies Approved enhancing public perception of access to fire department staff Approved developing inter-agency relationships 6 health and safety practices, including communicable diseases Approved Page 165 of 267 Page 13 of 21 Communications/Resource Centre: 1 dispatch practices, including liaising with dispatch centres Approved providing access points for operational supervisors Approved receiving emergency calls Approved dispatching of appropriate resources Approved providing on-going resources to operation during emergency Approved compiling emergency response data and inputting of information in data bases Approved sharing data with other department divisions Approved sharing data with other municipal departments Approved accessing information from other sources Approved 2 technology issues including maintaining and repairing communications systems and components (both routine and emergency) Approved providing technical support Approved developing specifications for radios, pagers, telephones, and computers Approved providing interface capability with other data systems, e.g. assessment, building department, roads departments Approved Training & Education: 1 program development practices, including developing trainer facilitators Approved coordinating core curriculum Approved developing specialized staff development programs Approved suppression Approved prevention Approved administration Approved communications Approved maintenance Approved support services Approved developing succession training programs Approved developing self-directed learning programs Approved 2 providing access to training facilities, including coordinating access to facility Approved delivering hands-on training to staff Approved 3 station training practices, including delivery of curriculum specific to discipline's needs Approved Page 166 of 267 Page 14 of 21 supervisory training drills Approved providing support and direction Approved 4 development, approval and delivery of incident management and accountability systems and procedures Approved 5 co-ordination, development, approval and distribution of standard operating guidelines for various disciplines Approved Maintenance: 1 fleet and equipment maintenance practices, including maintaining fleet and equipment (both routine and emergency) Approved providing annual testing programs Approved mechanical worthiness Approved Ministry of Labour requirements Approved pump capacity and certification Approved specification development Approved acceptance testing and approval of new apparatus and equipment Not Approved maintaining specialized equipment, e.g. SCBA Approved central supply facility Not Approved 2 facilities maintenance, including maintenance of station infrastructure Approved 3 providing input re design and construction considerations for fire stations Not Approved Support Services (shared municipal/fire department functions): 1 purchasing practices, including bulk purchasing through local and area organizations Not Approved developing standardized specifications for all apparatus and equipment Not Approved 2 financial practices, including financial analysis Approved liaising with other area departments Approved coordinating day to day financial services Not Applicable arranging long term funding Not Applicable 3 risk management practices, including assessing changing risk Approved operationalizing risk management into every function Not Approved providing insurance Not approved prevention planning Not Approved risk avoidance Not Approved loss control Not Approved Page 167 of 267 Page 15 of 21 loss reduction Not Approved separation and diversification of losses Not Approved risk transfer Not Approved 4 human resources practices, including developing recruitment and retention programs Approved specializing in fire service legislation and related issues Approved 5 co-ordination with other agencies for shared infrastructure, including municipal water system development Not Approved maintenance and access to water supply Not Approved LEGEND Approved Presently trained, equipped, and providing service Not Approved Not a present level of service approved by Council Not Applicable Service not required in the geographical boundaries of the Town of Tillsonburg Page 168 of 267 Page 16 of 21 SCHEDULE ‘B’ ORGANIZATIONAL CHART Tillsonburg Fire and Rescue Services 2 Full-time Firefighters 30 Volunteer (Paid on Call) Firefighters Full time and Part time Communicators Mayor and Council Chief Administrative Officer Fire Chief (CEMC) Deputy Fire Chief, Alternate CEMC FIRE CAPTAIN Charlie Company FIRE CAPTAIN Delta Company 1 ACTING CAPT. 5 FIREFIGHTERS Second Platoon Platoon Chief 2 1 ACTING CAPT. 4 FIREFIGHTERS FIRE CAPTAIN Alpha Company FIRE CAPTAIN Bravo Company 1ACTING CAPT. 5 FIREFIGHTERS First Platoon Platoon Chief 1 1 ACTING CAPT. 5 FIREFIGHTERS Special Operations Captain Technical Rescue Teams Other Municipal Directors and Divisions FIRE COMM Communicators Page 169 of 267 Page 17 of 21 SCHEDULE ‘C’ GENERAL DUTIES AND RESPONSIBILITIES Tillsonburg Fire and Rescue Services Fire Chief In addition to the roles and responsibilities established by this By-law, the Fire Chief will act in accordance with all policies and procedures as established by the Council, and is responsible for the general competencies and performance outcomes for the position of Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards Ontario Fire Chief Standard established by the Professional Standards Setting Body (PSSB) of the Ontario Fire Service unless otherwise determined to be not applicable by the Council. The Fire Chief reports to the Municipal Council through the Chief Administrator. Deputy Fire Chief In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Deputy Fire Chief is responsible for the general competencies and performance outcomes for the position of Deputy Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards Ontario Deputy Fire Chief Standard established by the Professional Standards Setting Body (PSSB) of the Ontario Fire Service unless otherwise determined to be not applicable by the Fire Chief. The primary role and responsibility of the Deputy Fire Chief will be to manage, plan, coordinate, direct and supervise the Fire Suppression, Training, Staff Development, Firefighter Safety, Communications and Apparatus and Equipment acquisition and maintenance programs of the Fire Department. Additionally, the Deputy Fire Chief will provide administrative and technical advice to the Fire Chief on operational problems and matters as required and participate in the formulation of departmental policies, procedures and regulations. The Deputy Fire Chief is required to attend and direct operations at emergencies; provide advice, assistance and direction to company officers on operational and administrative matters. The Deputy Fire Chief will conduct supervise fire safety inspections, assist and enforce property owners with respect to matters of compliance with the Ontario Fire Code, participate in the department’s public education program, and any other duties as directed by the Fire Chief. The Deputy Fire Chief will perform the role of the Fire Chief in his/her absence. The Deputy Fire Chief holds a leadership and administrative role in the department and takes a leadership role in managing employee performance and development. As part of the Officer’s Committee the Deputy Chief will be involved in decision making as well as provide input into the general administration of the department. As an Assistant to the Fire Marshal, the Deputy Fire Chief will carry out the duties as regulated by the Fire Protection and Prevention Act and other related legislation. The Deputy Fire Chief will promote fire safety within the Page 170 of 267 Page 18 of 21 community through the administration of the public education program and is responsible for conducting fire safety inspections to ensure the fire prevention program meets its legislated obligations. The Deputy Chief assists in the coordination and delivery of the department’s training program as required. The Deputy Fire Chief is the Alternate Community Emergency Management Coordinator (CEMC), and acts as the CEMC in the absence of the Fire Chief/CEMC. The Deputy Chief is responsible for the supervision of Fire Communicators and/or Fire Fighters and provides input on department policies, guidelines, goals and objectives, as well as the annual budget. The Deputy Chief will participate in strategizing and executing short and long term divisional goals and objectives involving project, business and budget planning. The Deputy Fire Chief will be on call and carry a paging device to ensure immediate response to an emergency 24 hours per day, in rotation with the Fire Chief if required. The Deputy Chief as directed responds to alarms to support and/or participate in all phases of firefighting and emergency operations. The Deputy Fire Chief participates in the development and implementation of the department’s training program and may prepare and conduct training sessions for personnel and the public. Platoon Chief The Deputy Fire Chief reports to the Fire Chief In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief. The Platoon Chief is responsible for the general competencies and performance outcomes for the position of Deputy Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Fire Chief. The Platoon Chief assists as directed in managing and leading volunteer firefighters both at the station and at emergencies, and in particular to have responsibility for the direction and management of their assigned Platoon. Platoon Chiefs may assume command of incidents in accordance with the department's Incident Command procedure and guidelines. Platoon Chiefs provide leadership to their direct reports and peers and assist in the continual development and implementation of operational plans and procedures. The Platoon Chief may actively promote and deliver, as directed, training and safety programs and exercise some independence of judgment and action in carrying out directed responsibilities in accordance with the Department's policies, plans and objectives. The Platoon Chief will be part of the rotational on-call as “Duty Officer” to be available as a resource for Fire Communications and Fire Operations divisions and other duties and responsibilities as may be assigned. The Platoon Chief reports to the Deputy Fire Chief. Page 171 of 267 Page 19 of 21 Company Officer (Captain) In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Company Officer is responsible for the general competencies and performance outcomes for the position of Company Officer as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards Ontario Company Officer Standard established by the Professional Standards Setting Body (PSSB) of the Ontario Fire Service unless otherwise determined to be not applicable by the Fire Chief. The Captain reports to the Deputy Fire Chief Platoon Chief. Firefighter In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Firefighter is responsible for the general competencies and performance outcomes for the position of Firefighter as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards Ontario Firefighter Standard established by the Professional Standards Setting Body (PSSB) of the Ontario Fire Service, unless otherwise determined to be not applicable by the Fire Chief. The Firefighter reports to the Company Officer. Page 172 of 267 Page 20 of 21 SCHEDULE ‘D’ FEE SCHEDULE Tillsonburg Fire and Rescue Services All Fees GST Extra SERVICE FEE 1 For responding to nuisance false alarms: a) For properties where alarm central monitoring is not connected to the fire department, first false alarm in any calendar year. $0 b) For properties where alarm central monitoring is connected to the fire department, first two false alarms in any calendar year. $0 c) Each subsequent false alarm in any calendar year (a or b) $400 + $100 each time For the purposes of this section all nuisance false alarms within a 72-hour consecutive period will be treated as a single incident 2 For responding to false alarms as a result of work being performed on a fire and life safety system: a) For properties where alarm central monitoring is not connected to the fire department, each false alarm. $400 + $100 b) For properties where alarm central monitoring is connected to the fire department, first false alarm in any calendar year. $0 c) Each subsequent false alarm in any calendar year $400 + $100 each time 3 For responding to false alarms as a result of a malicious act: a) For properties where alarm central monitoring is not connected to the fire department, first false alarm in any calendar year. $0 b) For properties where alarm central monitoring is connected to the fire department, first false alarm in any calendar year. $0 c) Each subsequent false alarm in any calendar year $400 + $100 each time 4 For attending at the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services to a non-resident: a) For the first hour or any part thereof; $350 or MTO Rates where applicable b) For each additional one hour or part thereof; $175 5 For attending a non-emergent elevator incident excluding power failures: a) For the first hour or any part thereof; $400 b) For each additional one-half hour or part thereof; $200 6 For attending a natural gas incident a) For the first hour or any part thereof; $400 b) For each additional one-half hour or part thereof; $200 Page 173 of 267 Page 21 of 21 7 Copy of a Fire Report $100 8 File search for outstanding orders / inspection reports $50 9 Requested Fire Code Inspection (if required by owner, realtor, lawyer, etc to sell a property) a) For any single unit, occupancy or suite $150 per Report b) For each additional unit, occupancy or suite + $20/unit 10 Inspection of any occupancy to have a Fire Safety Report for purposes of Licensing excluding Daycare $100 Report 11 Childcare Facilities Inspection $50 Report 12 For assistance, information or consultation relative to compliance with the fire code $0 13 For inspections resulting from complaint or concern for safety. $0 14 For each inspection after the first re-inspection of any property class. $100 Report 15 Recharging SCBA cylinders: a) Each cylinder $20 b) Self-serve for each cylinder following operational training $10 c) Annual Contracts Quotation on request 16 Fire Extinguisher Tutor (excluding municipal staff) $100 class 17 Training – Fire Suppression / Health & Safety / Supervisory Responsibilities $75 hourly 18 Presentations, Station Tour and Lectures a) For resident organizations and individuals $0 b) For non-resident organizations and individuals $50 hourly 19 Non-emergent Carbon Monoxide “Peace of mind metering” $100 Response to non-emergent Carbon Monoxide when customer has followed the instructions of Fire Communications (attempt reset) $0 20 Rental of Training Room (excluding Emergency Services) Daily rate $150 ½ Day $90 Evening Rate $45 21 Rental of Fire Apparatus requested for community events approved by the Council and where admission or donations are collected $100 hourly for each truck 22 Provision of staff for Fire Protection Services for community events approved by the Council and where admission or donations are collected $50 hourly for each Firefighter Interest to be imposed on fees overdue by thirty days 1.25% Page 174 of 267 Page 1 of 5 Subject: Kinsmen Bridge Surface Upgrades Report Number: OPD 21-05 Department: Operations and Development Submitted by: Dan Locke, C.E.T., Manager of Public Works Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT Council receives report OPD 21-05 Kinsmen Bridge Surface Upgrades as information. BACKGROUND A request to improve the walking surface of the bridge during inclement weather conditions was brought forward by Council. The following resolution was passed on December 14, 2020: Resolution # 2020-575 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart 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 a ll boards are screwed down, adding anti-slip adhesives and enhancing winter maintenance. DISCUSSION Following Council direction, Staff investigated different options to improve the bridge surface. The first option considered was to add an anti-slip coating directly to the bridge deck. In consultation with industry product manufacturers, no plausible product solution that would properly adhere to the surface was available due to the temperatures and damp conditions at this time of year. Page 175 of 267 OPD 21-05 Page 2 of 5 The second option considered was to add the anti-slip coating to pressure treated plywood boards stored inside the Public Works shop where the temperatures and conditions would allow the product to adhere to the surface of the plywood boards and then install the plywood boards over the decking. The manufacturer again indicated that the anti-slip coating would not properly adhere to the pressure treated plywood due to the oils in the wood. Staff discussed using regular plywood, however, it was decided that this option would not be a good solution due to how poorly regular plywood would perform in this area’s typical weather conditions. The third option considered was an anti-slip rubber mat. Staff visited the manufacturer’s facility to look at the product. While there, they added water to the surface to test the grip when wet. Staff was impressed with the traction they were experiencing even when the surface was wet. After internal discussions, this option was chosen as the most viable and economic solution given the time of year and challenges that the weather presented. All boards were inspected prior to the mat being installed. Any boards that required additional fasteners were screwed down. The mat product was delivered in the form of a roll. It was easily rolled out to be installed over the existing bridge surface. The mat was then screwed down to the surface. Additional transition strips were ordered to cover the seams between two rolls of mat. The transition strips are made of stainless steel with a checkerboard pattern on the surface for added traction. These transition strips will be used to eliminate the potential tripping hazard present at the seams currently. At this point, Staff is awaiting delivery of these strips. After the installation of the mat, Staff identified a few water ponding areas presented on the surface. This was to be expected as the mat is a solid rubber surface and the bridge surface is very flat and uneven. Staff discussed this issue with the manufacturer to ensure that drilling relief holes for drainage would not damage the structural integrity of the mat. Relief holes were drilled through the mat and bridge deck to allow for the drainage of standing water. Staff continues to monitor for standing water on the surface and will add relief drainage holes as needed in the future. Staff has received information that the bridge decking boards that are under the mat should not deteriorate as they are a pressure treated wood and in fact the mat should protect the boards from many of the elements that they would have previously been exposed to. The anti-slip rubber mat is slightly narrower than the bridge walking surface which allows about one foot on either side of the mat. This area has been identified as a location that pets could walk on due to the expected heat the black mat will hold during the summer months. A small additional quantity of the rubber mat was ordered to ensure that the Town had enough on hand should a small repair be required. It should be noted that the mat product is made partly from used water bottles. Page 176 of 267 OPD 21-05 Page 3 of 5 Staff continues to monitor the winter conditions on a daily basis, documenting and taking appropriate action to address any concerns. Pictures of the installed mat: Figure 1. Rubber Mat (Transition) Figure 2. Rubber Mat Installation (Looking West) CONSULTATION Staff consulted with industry manufacturers to gain knowledge regarding appropriate products to achieve the anti-slip surface. Staff from a local rubber manufacturer provided information regarding the rubber matting. Page 177 of 267 OPD 21-05 Page 4 of 5 FINANCIAL IMPACT/FUNDING SOURCE Summary of Costing Description Quantity Total Cost Comment Anti-slip rubber mat 410 ft $4540.13 Rubber mat (¼” x 72”) Electric Screw Gun/ Screws/ Drill bits $2000.00 Screws used to secure the deck board ends prior to putting the rubber mat down and to fasten the rubber mat to the deck. Transition Strips (1/8”x 72”) #304 Stainless Steel $310.00 Used to transition the mat where the end of the rolls met to mitigate the tripping hazard. (Waiting for delivery and installation) Installation 40 Hours $1564.00 Total $8414.13 The funding for this project came from the Public Works Operations 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 Page 178 of 267 OPD 21-05 Page 5 of 5 ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS None. Page 179 of 267 Page 1 of 2 Subject: Hangar Land Lease Agreement Taxiway G1 – Lot #1 Report Number: OPD 21-06 Department: Operations and Development Submitted by: Dan Locke, C.E.T., Manager of Public Works Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT Council receives report OPD 21-06 Hangar Land Lease Agreement Taxiway G1 - Lot 1 as information; AND THAT a By-Law to execute a new Land Lease Agreement for Taxiway G1 - Lot 1 with Karl Szordykowski of Kangible Inc. and to repeal By-Law 4309, be brought forward for Council's consideration. BACKGROUND On March 25, 2019, Mr. Szordykowski of Lime Tree Assembly Inc. applied to construct a new 60ft x 60ft hangar (3.600 sq. ft.) at the Tillsonburg Regional Airport along existing Taxiway G1. The Airport Hangar Land Lease Agreement for Taxiway G1 Lot 1 with Karl Szordykowski to permit the construction of a 3,600 sq. ft. hangar for a twenty (20) year and seven-month term. On May 27, 2019 council approved the lease agreement with Lime Tree Assembly Inc. for the construction of the hangar and By-law 4309 was executed. The hangar was constructed during 2019. On January 19, 2021 the hangar owner Mr. Szordykowski contacted the Town to inform us of a change that he requires to be made to the lease agreement with respects to the ownership contact information. Mr. Szordykowski has indicated that the business name and the business address have changed and the lease agreement should be updated to reflect those changes. Page 180 of 267 OPD 21-06 Page 2 of 2 DISCUSSION The previous lease agreement is to be repealed and a new lease agreement is to be executed with the following changes: Former Name; New Name and Address; Lime Tree Assembly Inc. Kangible Inc. 476 Peel St, Third Floor 210 Byerlay Side Rd, Woodstock, Ontario Delhi, Ontario N4S 1K1 N4B 2W6 CONSULTATION The Corporate Services department was consulted in preparation for this report. FINANCIAL IMPACT/FUNDING SOURCE No change. 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 – Signed Lease Agreement Page 181 of 267 TILLSONBURG AIRPORT HANGAR LEASE This Lease is made this 17 day of February 2021 (the "Effective Date"). BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG -and - Karl Szordykowski Kangible Inc. 210 Byerlay Side Road Delhi, Ontario N4B 2W6 (the "Landlord") (the "Tenant") WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated, lying and being in the Township of South West Oxford in the County of Oxford, being compromised of: PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; SIT 406551; SOUTH- WEST OXFORD; PIN: 00016-0089 (LT); LRO #41; municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1; referred to herein as the "Property", the "Airport" or the "Tillsonburg Airport" upon which is located the Tillsonburg Airport which is owned and operated by the Landlord. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto respectively covenant and agree as follows: 1. LEASED PREMISES (1) The Leased Premises shall consist of a portion of the Tillsonburg Airport identified as Taxiway G1 Lot #1 on the plan attached as Schedule "A", being the area upon which the Tenant's airplane hangar shall be located plus one (1) metre of land extended beyond the exterior perimeter of the Tenant's airplane hangar building (the "Leased Premises"). (2) Notwithstanding the above, the Landlord reserves the right to assign an alternate lot to the Tenant on thirty (30) days' written notice at any time prior to the commencement of construction of the Tenant's hangar. (3) The Landlord covenants and agrees to the construction by the Tenant of an airplane hangar on the Leased Premises being a Hangar, (the "Hangar") subject to the provisions of Schedule "B". The Tenant shall complete the construction of the Hangar at its sole cost and expense. (4) The Landlord covenants and agrees that the Hangar on the Leased Premises is not owned by the Landlord but is owned by the Tenant. 2. GRANT OF LEASE (1) The Landlord leases the Leased Premises to the Tenant: (a) at the Rent set forth in Section 3; (b) for the Term set forth in Section 4; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein including schedules. (2) The Landlord covenants that it has the right to grant the leasehold interest in the Leased Premises free from encumbrances except as disclosed on title. 3. RENT (1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section and includes Additional Rent. (2) The Tenant covenants to pay to the Landlord, during the Term of this Lease rent as Landlord's Initials ___ _ Tenant's Initials f&4 Page 182 of 267 2 follows (the "Base Rent"): for every year of the Term, the total sum of $1080.00 per annum (based upon $0.30 per square foot of Hangar building area) plus H.S.T., and any other applicable services tax which may accrue on account of the Landlord collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1" then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1'1 day of the year commencing on January 1'1, 2021 and every 1" day of January thereafter. The Parties further agree that the Landlord may, in their sole and absolute discretion, increase the Base Rent annually in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. If the square footage of the Hangar on the Leased Premises expands then the Base Rent shall accordingly increase in proportion to the addttional square footage. (3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Tenant to the Landlord or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Landlord and that the Landlord shall not, during the Term of t.his Lease, be required to make any payments in respect the Leased Premises other'tti_~m charges of a kind personal to the Landlord (such as income and estate taxes and ~rtgage payments) and to effect the said intention of the parties the Tenant promises: " (a) to pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; (b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended, as Additional Rent for such expenses incurred by the Landlord for the maintenance and servicing of the Airport; and, (c) to pay the Landlord a one-time capital recovery charge, based on actuals, for the Landlord to construct the associated hangar apron, if applicable; and, (d) to pay for or provide servicing and maintaining the Leased Premises and the Hangar and shall include the following: (i} all utilities and services including, but not limited to, electricity, water, sewage, natural gas and propane. The Tenant acknowledges that connection fees for utilities and services are entirely at the Tenant's cost Further, the Tenant acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Landlord to provide connections, utilities or services to the Leased Premises or that the services or utilities can be extended to the Leased Premises; (ii) snow removal and landscaping on the Leased Premises including cutting the grass and weed control of the Leased Premises including the one (1) metre area around the perimeter of the Hangar; (iii) all repair, service and maintenance to the Hangar including reasonable wear and tear; and, (iv) to pay airport infrastructure fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. (5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided for herein. (i} The Tenant on behalf of itself/himself/herself/themselves, its/his/her/their heirs, executors, administrators and assigns, including its/his/her/their successors in title, hereby covenants and agrees to indemnify and save harmless the Landlord from all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make brought or prosecuted, including legal fees, which the Landlord may incur or have to pay, which may arise either directly or indirectly by reason of any activity, actions, performance, negligence or non-performance of the Tenant, its employees, servants, agents, contractors, subcontractors, architect, landscape architect, engineer, surveyor, planner, consultant, project manager or any other person the Tenant is responsible for at law during the duration of this Agreement; in executing the Works under this Agreement; by reason of installation of any Works required under this Agreement; by the failure of the Tenant to complete the installation of the Works required under this Agreement; because of or on account of the ownership, construction, use existence, or maintenance of the property described in the Agreement; by the exercise of the Tenant's powers under this Agreement; the construction, maintenance or the improper or inadequate construction, installation and/or maintenance of the Works; any act or omission of said parties while undertaking the Works; or by reason of the neglect of the Tenant or tts employees, servants, agents, Landlord's Initials ___ _ Tenant's Initials Page 183 of 267 3 contractors, subcontractors or others for whom the Tenant is responsible at law. (ii) Without limiting the generality of the foregoing, the Tenant agrees to indemnify and save harmless the Landlord for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any taxiway within the Airport, or by reason of the failure, neglect or omission of the Tenant to do anything agreed to be done pursuant to this Agreement or by reason of any act or omission of the Tenant, including failure of the Tenant to comply with the Construction Act. (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 3 (2). (7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Landlord and shall be delivered to the Landlord at the Landlord's address for service set out in Section 17 or to such other place as the Landlord may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord's bank plus two (2) per cent. (9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord's right to recover any Rent owing. 4. TERMS AND POSSESSION (1) The Tenant shall have possession of the Leased Premises for a period of twenty years, ten months (the "Term"), commencing on the 17 of February, 2021 and ending on the 1st day of January, 2042. (2) The Tenant shall pay any and all connection costs for hydro, gas, water, heating, air- conditioning and for all other services and utilities as may be provided to the Leased Premises. The Tenant shall arrange with the local authority for connection of gas, electricity and water in the name of the Tenant. Nothing in this paragraph or lease is a warranty or representation by the Landlord that any utilities or services are extended to the Leased Premises or can be extended to the Leased Premises. (3) Subject to the Landlord's rights under this Lease, and as long as the Tenant is in good standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Leased Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. 5. ABATEMENT OF RENT DURING CONSTRUCTION PERIOD (1) So long as the Lease has been fully executed, the Tenant has provided the Landlord with proof of the Tenants insurance, and the Tenant has paid the first and last month's Rent to be held as a deposit, the Landlord shall provide the Tenant with possession of the Leased Premises for a period of up to six (6) months commencing on the Effective Date for the purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall be applicable from the Effective Date save and except for the payment of Rent, Base Rent and Additional Rent which shall be payable as of the first day of the month of occupancy of the Hangar or the expiry of the six (6) month construction period whichever occurs first. (2) In the event the Tenant has not completed construction of the Hangar within the six (6) month construction period, the Landlord, in its sole and absolute discretion, may extend the construction period upon written request of the Tenant or terminate this Lease of which then the Tenant's deposit provided in Section 5 (1) would be forfeited. 6. ASSIGNMENT (1) The Tenant shall not assign this Lease or sublet the whole or any part of the Leased Premises unless they first obtain the consent of the Landlord in writing, which consent shall not unreasonably be withheld and provided the sub-Tenant and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Tenant hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Tenant to assign this Lease or sublet the Leased Premises without the Landlord's consent. Landlord's Initials ___ _ Tenant's Initials Page 184 of 267 4 (2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Landlord to any assignment or other disposition of the Tenant's interest in this Lease or in the Leased Premises shall not relieve the Tenant from its obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred in any manner to a person other than the Tenant, then such transferee shall be bound by the terms and conditions of this Lease. 7. USE (1) During the Term of this Lease the Leased Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Landlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease. (2) The Tenant shall not do or permit to be done at the Leased Premises anything which may: (a) contravene any Airport use, standards, or tenant policy as established by the Landlord from time to time; (b) cause damage to the Leased Premises; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Leased Premises; (e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and, (f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order. (3) The Tenant shall: (a) (b) (c) (d) (e) (f) (g) (h) (i) U) (k) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably; comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; not perform aircraft repair or maintenance outside of the Leased Premises; not start any aircraft in the Hangar; not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products; notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld; comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant's contractors, employees, agents, customers and invitees; and, provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. Landlord's Initials ___ _ Tenant's Initials K~ Page 185 of 267 5 (4) The Tenant covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Parties. (5) The Tenant shall be permitted to construct and maintain one (1) aircraft hangar (the "Works") on the Leased Premises as follows: (a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor area of 3600 square feet; (b) the style of the Hangar shall be either a pole barn style building or a metal frame building; (c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with current Airport standards as approved by the Landlord; (d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12") structural sub-base to the satisfaction of the Landlord; (e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule "B" to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; (f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord; (g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant; (h) obtain all necessary permits, as applicable, at the expense of the Tenant; and, (i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs. (6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 6 metres wide and 20 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any and every claim which may or might arise out of the proper exercise by the Tenant of any of the rights granted herein. 8. CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Required Already Constructed) (1) The Tenant hereby undertakes to complete the work herein in accordance with the timeframes set out in the Schedule "C" (the "Construction Schedule"). The Tenant shall submit a proposed construction schedule which shall be subject to amendments and approval by the Landlord and attached hereto as Schedule "C". A variance to the timeframes will only be allowed if approved in writing by the Landlord. Failure to comply may result in the Tenant being in default of this Agreement and the Landlord may seek remedy pursuant to this Agreement. (2) The Landlord approved work shall be carried out by the Tenant in a proper and professional manner so as to do as little damage or disturbance as possible to the Airport lands or the Airport's infrastructure. The Tenant shall repair and make good all damage and disturbance that may be caused to the Airport lands or the Airport's infrastructure, to the satisfaction of the Landlord, acting reasonably, at the sole expense of the Tenant. (3) During construction, the works to be carried out by the Tenant, shall be maintained in all respects in a state of good repair by the Tenant, including keeping the site in a sound, neat, safe and clean condition to the satisfaction of the Landlord. If the site is not kept in a state of good repair, upon seven (7) business days written notice to the Tenant (or such shorter time as may be required in the case of an emergency or other urgent matters or Landlord's Initials ___ _ Tenant's Initials i'(',£ Page 186 of 267 6 as otherwise provided herein), the Landlord shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Landlord shall be recovered from the Tenant and may be recovered as Additional Rent. 9. REPAIR AND MAINTENANCE (1) The Tenant covenants that during the term of this Lease and any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord's, or its agent's, contractor's and employee's negligence or intentional actions, at no time is the Landlord responsible for any repairs or damage to the Hangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (d) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord's entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant's use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant's use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees. 10. ALTERATIONS AND ADDITIONS (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule "B" and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations. Landlord's Initials Tenant's Initials f!!.cJ. ---- Page 187 of 267 7 (2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration. (3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Landlord's signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing. (4) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant. (5) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both. (6) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property. 11. INSURANCE (1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Leased Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Leased Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Tenant shall carry insurance in its own name insuring against the risk of damage to the Tenant's property and the Hangar within the Leased Premises caused by fire or other perils. (3) The Tenant shall carry such general liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Leased Premises and Tenant's occupation of the Leased Premises. Such insurance policy shall contain no airport site exclusion. (4) All insurance policies in this Section 11 including this Article shall name the Landlord, where applicable, as an insured and loss payee and the policy shall include a cross- liability endorsement. All policies shall be applicable as primary insurance, taking precedence over any other insurance protection owned by the Landlord. The Tenant shall insure that each insurance policy contains a waiver of subrogation rights which the insurer may have against the Landlord and the persons for whom is legally responsible. (5) Upon demand of the Landlord, the Tenant shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Landlord. If any policy of insurance is canceled the Tenant shall inform the Landlord without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 11. Under no circumstances shall delivery of and review by the Landlord of any certificate set forth or any insurance policy or any other proof of existence of the insurance coverage release the Tenant of its obligations to take out insurance in strict compliance with the present provisions or constitute a waiver in favour of the Tenant of any of the Landlord's rights. 12. ACTS OF DEFAULT AND LANDLORD'S REMEDIES (1) An Act of Default has occurred when: Landlord's Initials ___ _ Tenant's Initials 1(' ef. Page 188 of 267 8 (a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date that payment was required to be paid to the Landlord; (b) the Tenant has breached its covenants or failed to perform any of its obligations under this Lease for a period of 45 consecutive days and: (i) the Landlord has given ten (10) days' notice specifying the nature of the default and the steps required to correct it; and, (ii) the Tenant has failed to correct the default as required by the notice; (c) the Tenant has: (i) become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) had its property seized or attached in satisfaction of a judgment; (iii) had a receiver appointed; (iv) committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord's property; or, (v) taken action with a view to dissolution or liquidation; (d) any required insurance policy is cancelled or not renewed by reason of the use or occupation of the Leased Premises, or by reason of non-payment of premiums; (e) the Leased Premises: (i) has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms "vacant and "unoccupied" shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord; (f) failure to install or remedy faulty work, if, in the opinion of the Landlord the Tenant: i. is not proceeding or causing to be proceeded the works required in connection with this Agreement within thirty (30) days' of notice given; or ii. is improperly performing the works; or iii. has neglected or abandoned before the completion, or unreasonably delayed the same, so that conditions of this Agreement are being violated or carelessly executed or being carried out in bad faith; or iv. has neglected or refused to renew or again perform such work as may be rejected by the Landlord as defective or unsuitable; or v. has defaulted performance of the terms and conditions of this agreement; then, in any such instance, the Landlord shall promptly notify the Tenant, in writing, of such default or neglect and if such notification be without effect within ten (10) business days after such notice, the Landlord shall thereupon have full authority and power to purchase materials and employ workers and machines for the proper completion of the works at the cost and expense of the Tenant. The cost of such work shall be calculated by the Landlord whose decision shall be final and be paid to the Landlord by the Tenant on demand. Should payment not be received following the issuance of an invoice from the Landlord, the Landlord shall collect same as Additional Rent in addition to any other remedy available to the Landlord. It is further understood and agreed between the parties hereto that such entry upon the Premise shall be as an agent for the Tenant and shall not be deemed, for any purposes whatsoever, as an acceptance of the works by the Landlord. (2) When an Act of Default on the part of the Tenant has occurred: (a) the current year's Rent together with the next years' Rent shall become due and payable immediately; and, (b) the Landlord shall have the right to terminate this Lease and to re-enter the Leased Premises and deal with them as it may choose. (3) If, because an Act of Default has occurred, the Landlord exercises its right to terminate this Lease and re-enter the Leased Premises prior to the end of the Term, the Tenant shall nevertheless be liable for payment of Rent and all other amounts payable by the Tenant in accordance with the provisions of the Lease until the Landlord has re-let the Leased Premises or otherwise dealt with the Leased Premises in such manner that the cessation of payments by the Tenant will not result in Joss to the Landlord and the Tenant agrees to be liable to the Landlord, until the end of the Term of this Lease for payment of Landlord's Initials T errant' s Initials ---- Page 189 of 267 9 any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Tenant pays to the Landlord. (4) If when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Leased Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. 13. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Landlord shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) days' notice (the "Notice") in writing to the Tenant and, at the Tenant's option, the Landlord shall pay to the Tenant the fair market value for the Hangar or the Tenant agrees to remove the Hangar and comply with Articles 9(3) and 10(5) of this Lease. Upon expiry of the Notice the Tenant shall provide vacant possession of the Leased Premises provided the Landlord pays to the Tenant a bonus of $500.00. For the purposes of this Article and Articles 13(3) and 13(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Tenant remains in possession of the Leased Premises after termination of this Lease as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the Landlord shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Tenant is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the Landlord shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Leased Premises are required for any reason or purpose of the Landlord in which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Tenant shall provide such vacant possession upon the expiry of the Notice provided the Landlord pays to the Tenant a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Tenant covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Landlord to exercise its Option as set out in the terms of this paragraph. Upon the Tenant receiving a bona fide offer in writing (the "Third Party Offer'') the Tenant shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Landlord shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Landlord exercises its option in the Notice Period then it must inform the Tenant at the Property in writing that it will purchase the Tenant's interest in the Hangar on the same terms and conditions, or more favourable terms to the Tenant at the Landlord's discretion, as contained in the Third Party Offer (the "Landlord's Offer"). If the Landlord exercises its Option in the Notice Period then the Tenant must sell the Hangar to the Landlord upon the terms and conditions as contained in the Landlord's Offer. If the Landlord does not exercise its option in the Notice Period then the Tenant shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Landlord shall be permitted to exercise its option pursuant to the terms of this paragraph. For the Landlord's Initials ___ _ Tenant's Initials Jl:2., Page 190 of 267 10 purpose of this paragraph, if the Tenant is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Tenant by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party then the Landlord will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Landlord to accept any amendment of the term or new term. 14. ACKNOWLEDGMENT BY TENANT (1) The Tenant agrees that it will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a statement in writing certifying: (a) that this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) the amount of Rent being paid; (c) the dates to which Rent has been paid; (d) other charges payable under this Lease which have been paid; (e) particulars of any prepayment of Rent or security deposits; and, (I) particulars of any sub tenancies. 15. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Leased Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Landlord's interest in the Property. (2) Upon the request of the Landlord the Tenant will execute any form required to subordinate this Lease and the Tenant's rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Tenant shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Leased Premises by the Tenant as long as the Tenant performs his obligations under this Lease. 16. RULES AND REGULATIONS The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the Tenant's authority or permission to abide by such reasonable rules, standards and regulations of the Airport and/or Property which shall form part of this Lease and as the Landlord may make and/or amend from time to time. 17. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Landlord at: Tillsonburg Regional Airport Attn: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Tenant at the Leased Premises or at: Karl Szordykowski Kangible Inc. 210 Byerlay Side Road Delhi, Ontario N4B2W6 519-536-5275 (2) The above addresses may be changed at any time by giving ten (10) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease Landlord's Initials ___ _ Tenant's Initials !J(.cf7. Page 191 of 267 II shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 18. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the Property of which the Leased Premises form part without consent of the Landlord. 19. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine, feminine or neutral gender shall include the other genders, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word "Landlord" and the word "Tenant" wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. (3) When there are two or more Tenants bound by the same covenants herein contained, their obligations shall be joint and several. 20. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Tenant is in default under the terms of the Lease which include but are not limited to: (a) its obligations to pay Rent, Base Rent and/or Additional Rent; (b) non-repair or maintenance of the Leased Premises; (c) subleased the Leased Premises without the authorization of the Landlord, acting reasonably; (d) changed its use of the Leased Premises; or, (e) used the Leased Premises in any manner contrary to Article 7. (3) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (4) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (5) The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease and seek independent legal advice. (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and it's schedules constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (8) The Tenant agrees that it has not relied upon any representation, promise or warranty of the Landlord with respect to the condition of the Leased Premises, Hangar or any representation or promise of the Landlord to repair, renovate or otherwise alter the Landlord's Initials ___ _ Tenant's Initials i!.{if. Page 192 of 267 12 Leased Premises in any manner prior to or after commencement of the Term. The Parties agree that the Leased Premises are being offered to the Tenant in an "as is" condition. The Tenant shall not call on or demand the Landlord to perform any repairs or renovations prior to or after it obtains possession. The Tenant acknowledges that it has performed its own due diligence in establishing the state of repair of the Leased Premises including the Hangar. In Witness of the foregoing covenants the Landlord and the Tenant have executed this Lease. Witness Landlord's Initials ___ _ Per: Landlord Stephen Molnar, Mayor The Corporation of the Town of Tillson burg Landlord Michelle Smibert, Clerk The Corporation of the Town of Tillson burg We have authority to bind the Corporation. Karl Szordykowski Tenant Tenant's Initials t::r:' Page 193 of 267 i ~ !:;' E ~ l ~ s. ~ ~ "Tl a 3 0 ::!. fQ :I !!!. ~ Cil CD 3 CD :I ... [;' t " g: " ( • " ~ I~ ® ® ~:.~f';..'"(~ @) ' ~;:i %~ ~I J 11 ~ UAii': '"JIM~"(J( r..:tM;"p/t;l!I" EX. U/G HYDRO TO BE LOCATED ANO PROlECTEt> Al AU. TIMES DURING CONSTRUCTION ACTI\11Y "'""'1¥-----------"r-----_-_-_---_--_ ---_-----·---?r..3g I.. ~ r-,, ~ li' I "*'' 1 "·""' ·1 !ji--i: ....1.·~ -T-~ 111.~· ~ Cm20 212.20 ---:5.6' PROP. HANGAR APRON Id ----------. ;:,,'::,u I ~ ~ s ti \~ •• ,, ' i<. u;;~~u § "~:L-r ~.D/W The Cori1oration of the Town of'l'illsonburg 011cr11tions Scr\iccs Enginecdng Dct>artnu.'!ll l!.OD }lmulway, Suill! 20-1 'Cillsonburg, ON N4G sA7 Tel: (519) 688-3009 lm~v.Ullsonbmg.m &J:xig; t#.:.'il} I v~ic .. u--------1 ~~ :er I I I I I I "'" PROP. HANGAR 1e.2em x 18.29m (6D' x 60') , ____ i:i __ _ LEASE: UMl't 1'1'.) __ -=:) TILLSONBURG AIRPORT TAXIWAY G1 -LOT 1 PROPOSED HANGAR SITE SERVICING & GRADING PLAN ~~1::-."'"'-'?'iffl-'if? ! ! ' " 1:250 (m) I -t :c .... m :i: m -t ... "' Ill r-CJ) >< m 0 m 0 ~· )> ~ :i: ::r m CJ) CD m c :;; Ill m c. -c c: '< c c "' "Cl ,... G) i»" ;o m .... \I m ~ r-;:a s :i> Cii 0 m m ... s: , "' .... (ij ' lliEli> I m 1. ""'-'l:ts DENOlES EXISTING GRADE ~ 2. Rl.24 DENOlES PROPOSED GRADE 3. ~1.24 DENOTES PROPOSEO GRADE 4. ~l.U:.4 DEtlOTES PROPOSED GRAD£' 5, ~U~4 DENOTES PROPOSED GRADE 6, m.24 DENOlES~~ij~ FLOOR " " DENOlES £X CATOlBASIN ·-'~ ~· IDl§-11$-IS IXliJAAti'Mo. SQ!EOULE 'A' ,,,,.---FIG. 1 ..----to0-19 Page 194 of 267 14 SCHEDULE "B" Not Required as Hangar is already Constructed Landlord's Initials ___ _ Tenant's Initials ;!!!:£ Page 195 of 267 Page 1 of 5 Subject: Subdivision & Road Naming – Northcrest Estates Phase 2 Report Number: OPD 21-07 Department: Operations and Development Submitted by: Geno Vanhaelewyn, Chief Building Official Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT Council receives report OPD 21-07 Subdivision & Road Naming – Northcrest Estates Phase 2 as information; AND THAT Council approves “Northcrest Estates Phase 2” as the subdivision name for the draft plan of subdivision parcel identified in this report known as Part 1 & Part 2 of 41R-10049, Part of Lot 5, Concession 10 (Dereham); AND THAT Council approves “Braun Avenue”, “Keba Crescent”, “Mallard Street”, “Martin Street” and “Lark Street” as road names for the Northcrest Estates Phase 2 subdivision along with the extension of “Canary Street”. BACKGROUND Planning Services received a formal request from the developer of the Northcrest Estates subdivision for the approval of a new phase to be named Northcrest Estates – Phase 2 and five new road names “Braun Avenue”, “Keba Crescent”, “Mallard Street”, “Martin Street” and “Lark Street” to be used in the subdivision along with the extension of Canary Street. DISCUSSION The request for approval is required as a Draft Plan of Subdivision condition and verification that the proposed names will meet the requireme nts of the Road Naming Policy found in By-Law 3553. The road naming policy identifies that the naming of roads and subdivisions for the municipality should be determined in a manner that incorporates local history, culture and environmental features. In this case, the developer is proposing to use local history by incorporating names of the farm owners based on a request attached to Page 196 of 267 OPS 21-07 Page 2 of 5 this report along with the continuation of bird species names from the Rolling Meadows Subdivision. The following preliminary draft plan map and the proposed subdivision plan identify the location and request. DRAFT PLAN MAP Page 197 of 267 OPS 21-07 Page 3 of 5 PROPOSED SUBDIVISION PLAN CONSULTATION Recreation, Culture and Parks Department’s Culture and Heritage Manager/Curator was consulted and noted that the proposed road names of “Braun Avenue” and “Keba Crescent” meet the section of the Town's policy for road naming and are recognized for the heritage within the community. Page 198 of 267 OPS 21-07 Page 4 of 5 Braun Avenue is being named in recognition of Steve and Elizabeth Braun who, purchased the land in the late 1940's and grew a variety of crops including tobacco – see attached request letter. Steve Braun passed in 2009 and Elizabeth Braun in 2014 Keba Crescent is being named in recognition Randy and Jeannette Keba who began share growing the land with their father Steve Braun and eventually purchased the property themselves in the early 1980's. They continued to farm the land until 1988 and sold the land for potential development – see attached request letter. Both Randy and Jeanette Keba still live in the area just outside of Tillsonburg. Mallard Street, Martin Street and Lark Street are being named as an extension of the bird names used in the Rolling Meadows Subdivision to the west as an environmental feature. Fire Services and 9-1-1 were circulated for emergency conflict assessment and approval was granted with no conflicts. Staff will communicate with the named request to advise of the dedication if approved. FINANCIAL IMPACT/FUNDING SOURCE Not applicable. 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 Page 199 of 267 OPS 21-07 Page 5 of 5 ☐ 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 – Street Naming Request Page 200 of 267 Vanessa Rockefeller 31 Woodcock Dr. Tillsonburg, ON N4G 4M3 vanessa-rockefeller@coldwellbanker.ca 519-550-3103 Cell Dear Cephas, I am writing to you to express my interest in potentially naming streets in Tillsonburg located on the north side of North St. East. I have a personal interest in this location as I was born and raised on this land known as the Keba Farm. Originally, my grandfather, Steve Braun, purchased the land in the late 1940's and grew a variety of crops including tobacco. Decades later, my parents, Randy and Jeannette Keba, began share-growing the land with my grandfather and eventually purchased the property themselves in the early 1980's. We continued to farm the land until 1988 when at this time it was sold for potential development. The main crop grown every year was tobacco. Other cash crops grown were corn, wheat rye and soybeans. I have fond memories of growing up on the farm. My sister (Alana), and brother (Dean) would spend hours outside. We found many different artifacts in the fields behind the house and our field across the road (now known as Northcrest Estates) as well as in the old red barn. We found arrowheads, horseshoes, and axeheads throughout our time spent on the farm. Many winters were spent skating on the pond and snowmobiling around the fields. We even made a baseball diamond and also held winter and summer olympics with friends on the farm. Overtime, my dad upgraded to a new barn and replaced the stick kilns with bulk kilns. The old tractor was replaced with a 'boat truck' for the new kilns and the Tieing Machine became the new 'Table' for prepping the tobacco for the bulk kilns. Needless to say, we didn't need the Elephant Wagon anymore. Around 1980, my brother and my dad built a basketball court in the old barn. From this time until 1989, our barn was known as the 'Keba Dome'. Anyone who worked on our farm would remember the countless hours playing basketball there. There were many teenagers that didn't work on our farm and played there too. I am requesting that two streets be named 'Keba' and 'Braun' after our families who owned the property for so long. It is important to highlight the heritage in our community and I thought this was a nostalgic way to involve anyone in our community who worked on our tobacco farm and/or played basketball in the 'Keba Dome'. Sincerely, Vanessa Rockefeller Page 201 of 267 Page 1 of 3 Subject: Healthy Communities Initiative Funding Application Report Number: RCP 21-06 Department: Recreation, Culture and Parks Submitted by: Christopher Baird - Director Meeting Type: Council Meeting Meeting Date: Monday, March 8, 2021 RECOMMENDATION THAT report RCP 21-06 Healthy Communities Initiative Funding Application, be received as information; AND THAT Council support the proposed application as outlined in this report with an upset allocation of $150,000. BACKGROUND The Healthy Communities Initiative benefits all Canadians in urban, rural and remote communities and especially those disproportionately impacted by COVID -19. The Healthy Communities Initiative supports communities as they create and adapt public spaces, and programming and services for public spaces to respond to ongoing needs arising from COVID-19 over the next two years. This $31 million in vestment from the Government of Canada will fund small-scale infrastructure projects to create safer, more vibrant and inclusive communities. Community Foundations of Canada (CFC) and its network are working alongside the Canadian Urban Institute (CUI) and other partners to deliver the Healthy Communities Initiative locally. The Healthy Communities Initiative encourages community-level innovation and improvements in the quality of life for residents. As local communities continue to adapt to COVID-19, local governments and community partners across the cou ntry in urban, rural and remote communities are discovering new ways to keep residents safe and healthy, support economic recovery and rebuild communities to be pandemic-resilient. The term infrastructure is generally understood as the provision of roads, buildings and power generation plants. While physical infrastructure is important, there is increased recognition of social infrastructure and digital infrastructure. These forms of infrastructure— physical, social and digital—contribute to community health outcomes. Page 202 of 267 RCP 21-06 Page 2 of 3 The Healthy Communities Initiative supports communities as they create and adapt public spaces, and programming and services for public spaces to respond to ongoing needs arising from COVID-19 over the next two years. All budget items must be project-related and funding recipients must incur expenses ending June 30, 2022. The minimum funding amount for projects is $5,000 and the maximum funding amount is $250,000 for each project. Projects funded by the Healthy Communities Initiative must be i n the local communities’ public interest by operating in public space and for public benefit. Projects in public space take place in any space owned or operated by a municipality. DISCUSSION Staff have discussed a number of potential opportunities. These were discussed at SLT on March 3, 2021 and there was unanimous endorsement to proceed with an application that would amount to a $150,000 request that would be applied towards site preparation, purchase and installation of 12 -16 Outdoor Fitness Equipment stations which would be installed along the Tillsonburg segment of the Trans-Canada Trail between Broadway and Tillson Avenue. The apparatus would be fully accessible to all residents, youth, adult and seniors at no cost and would further promote heathy and active living. The COVID Pandemic has shown that outdoor activity, particularly utilizing Tillsonburg’s playground and trail infrastructure has been a benefit to a vast majority of our population. This would further augment our recreation assets by adding new and fun opportunities that encourage healthy activity. This project is relatively straightforward and does not require extensive pre -planning. With a quick deadline approaching, this project was deemed appropriate for endorsement to Council. CONSULTATION This report has been reviewed by the CAO, Director of Corporate Services and the Director of Finance. FINANCIAL IMPACT/FUNDING SOURCE There is no additional financial impact associated with this application. If the Town is approved for funding, the work can be adequately accommodated with existing staff resources. Page 203 of 267 RCP 21-06 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 ATTACHMENT Appendix A – Generic Sample of Proposed Equipment Page 204 of 267 Outdoor Fitness, Inc. is proud to present our collection of attractive steel exercise stations. A selection of equipment will provide for a complete workout, building upper body, leg and back strength -- enhancing agility, flexibility and endurance. The Outdoor Fitness equipment is built to be durable in the toughest outdoor environments. It is very easy to install and needs very little maintenance. We all know that fitness activities and an active lifestyle are essential to improved health, longevity and the enjoyment of life. Yet, people have become increasingly sedentary and our nation faces a health crisis due to declining fitness levels and growing rates of obesity, even among the very young. Now everyone; schools, parks, businesses, as well as military units and all k i n d s o f c o m m u n i t y org a ni z a t i o n s , can establish a most effective and substantial fitness opportunity at an amazingly low cost. The Outdoor Fitness concept suggests that people can make important fitness gains in an enjoyable outdoor environment. Outdoor fitness areas are flourishing worldwide, with tens of thousands of new installations. The equipment will perform for a long time in all conditions. It is made of heavy gauge steel with attractive, vibrant powder coating. Because of current economic conditions, pricing is now at an historically affordable level. As you consider your facility plans and equipment selection, you will also need to consider surfacing materials and installation. Our customer service staff will be pleased to help you through each step of the process. The Outdoor Fitness goal is to advance fitness opportunities for everyone. Schools, The Outdoor Fitness Challenge In the outdoor environment the equipment must be: Enormously strong and durable to withstand the extremes of climate for many years. Invincible to Vandalism. Low Maintenance. Very Safe. Attractive and, most of all . . . Healthy and Fun. Our challenge is to advance fitness levels by providing quality fitness systems to every community and make them affordable. Production quality and customer service are of the highest priority, and we endeavor to keep manufacturing, marketing and distribution costs as low as possible. These efficiencies bring the cost benefits to you. Parks and organizations of all kinds can provide this inexpensive fitness solution, enhancing the health of their constituents. The avid fitness enthusiasts will certainly benefit, and so will the 80% of Americans who engage in little or no physical activity. Those unlikely to invest in expensive gym memberships can have access to fitness equipment and become active. The equipment is installed as a cluster of exercise stations or spaced along a fitness trail. It is very appropriate for all ages, from e l e m e n t a r y s c h o o l children to all adults and seniors. For those who are not in great shape and feel adverse towards exercise, they are encouraged to simply get started. The Outdoor Fitness stations can be used for a variety of exercises. We encourage participants to approach their exercise program as play. Begin cautiously, have fun and the fitness gains and positive health benefits will be experienced. SELECT From 45 POWERFUL STEEL EXERCISE STATIONS For Schools, Parks F I T N E S S F O R A L LFITNESS F O R A L L Fitness Trails, Military & Home Attractive and Affordable Page 205 of 267 DUAL EXERCISE BARS Provides two adjustable bars for various pulling, pushing and stretching exercises. Comparable with the 5-position Strength and Stretch Bars. F L O AT I N G B A L A N C E S Y S T E M Challenges balancing skills and requires consta nt motor adjustments of the legs and arms as the length of the balance system is negotiated. HIP TWISTER Consists of a swivel stand which rotates as the arms and shoulders are held square with the overhead hold. The internal and external obliques are stretched along with the abdominal and extensor muscles. H O R I Z O N TA L B A R S Associated with chin-ups, an essential strength exercise and test of strength to weight ratio. The bars are also used for shoulder and arm stretching, improving the grip, hanging leg lifts and to stretch the lower back. L E G P R E S S Leg Press is one of the most important movements since it involves some of the most powerful parts of the muscular system. This equipment provides three Leg Press positions, each with a different but moderate level of resistance. PARALLEL BARS Dips on this apparatus are one of the most basic strength exercises which build triceps and shoulder strength. The Parallel Bars also help support a number of stretching exercises. INTEGRATED FITNESS APPARATUS This apparatus is designed mostly for young people, appropriate through age 10. It consists of multiple exercise challenges, testing balance and climbing skills. HORIZONTAL LADDER Often called "Monkey Bars." The bars help build agility and upper body strength including the hand grip and teres major and latissimus dorsi muscles. BALANCE BEAM An enjoyable way of testing and improving balancing skills, which are imp ort ant to mo tor development. DOME CLIMBER An enjoyable play apparatus that builds strength and dexterity while using legs, arms and balancing skills to move over and around the dome. Large, powerfully built, with a diameter of 13 feet. BACK EXTENSION Strengthens the lower erector spinae muscles of the lower back, as well as the gluteus and hamstring areas. This will help to improve posture and core stability. O U T D O O R F I T N E S SOUTDOOR F I T N E S S EXERCISE BIKE The Exercise Bike takes the role of an indoor stationary bicycle and puts it in an outdoor setting. The Exercise Bike exercises your upper and lower legs and arms for a warm-up or cardiovascular work out. ELLIPTICAL MACHINE The Elliptical Machine delivers cardiovascu- lar benefits through climbing / running motion. The exercise avoids the impact stress runners often experience on feet, knees, hips and lower back. Available as both single and double units. CHEST PRESS The Chest Press is a heavy guage steel, self weighted machine built to support a vigorous workout for up to two people. This equipment hosts one of the most basic and effective upper body strength exercises. CHEST PRESS / LAT PULL The Chest Press / Lat Pull provides two side-by-side exercise stations in one. This piece of equipment delivers two basic muscle toning and strengthening self weighted exercises for the upper body. FUN RIDER The Fun Rider promots cardiovascular benefits using a rowing motion. The apparatus promotes strengthening of the biceps, latissimus dorsi, and rear deltoids in the pulling motion, while also developing cardiovascular fitness. LAT PULL The Lat Pull Down provides two side-by- side exercise stations. The equipment deliv- ers basic muscle toning and strengthening self weighted exercises for the upper body latimus dorsi, shoulders and back. LEG PRESS TRAINER The Leg Press Trainer is a smaller, lighter- weight version of our original Leg Press for those who are on a limited budget or only need a two-person station.This equipment provides two positions, each with self weighted resistance. Page 206 of 267 STRENGTH & STRETCH BARS Helps develop arm and shoulder power with a variety assisted pulling and pushing exercises. Numerous stretching exercises along with leg swings, lunges and deep knee bends can be performed. STRENGTH TESTER Two large, heavy wheels are turned by two participants in opposing directions against the force of provided by the partner. This fun contest builds forearm, shoulder and grip strength. TAI-CHI SPINNERS Consists of four large rotary wheels with adjustable resistance. Two wheels can be turned in different directions by each user, exercising the full flexibility around the shoulder and its many muscles groups. UNEVEN BARS Accommodates a variety of strength exercises, including chin-ups and dips, building shoulder strength and the biceps. Leg lift can strengthen the abdominal muscles and, hanging verti- cally, one stretches the lower back and aligns the spine. VERTICAL JUMP Vertical leaping ability is one of the best tests of leg strength. The distance that the center of gravity can be raised is the difference between standing and jumping reach, as measured on the calibrated plate. WAIST STRETCHER This apparatus provides support as the muscles and tendons of the back and abdominal area are stretched. TWO-SIDED ROTATOR Features two positions combining the standing and sitting rotators. Stretches the obliques and abdominal muscles and serves to align the spine and lower back. SELF-WEIGHTED ROWER Uses one's own body weight to provide resistance. The rowing exer- cise works the lats, deltoids, arm flexors and biceps. PUSH-UP STAND The push-up is one of the best developers of shoulder strength. The bars allow the correct position and a full range of motion while avoiding contact with the ground. SIT-UP BOARD Exercises improve the strength of the abdominal muscles and the flexor group of muscles of the hip and upper thigh. SKY CLIMBER Provides a wide variety of hanging, pulling and griping positions. It Devel- ops the type of strength needed by rock climbers who use their upper body for dexterous holds and pulls. SIT-UP BENCH A raised surface and foot hold for abdominal exercise. Builds the strength of the abdominal muscles and the flexors of the upper thigh. SPRING BALANCE BEAM Introduces a greater degree of difficulty, as well as fun, than the static balance beam as one’s balance must be constantly adjusted to counter the varia- tion from the spring supports. TABLE TENNIS OUTDOORS Built with a sturdy steel frame to withstand the toughest outdoor conditions. A full size as used in international tournaments and Olympic competition. E Q U I P M E N T S U M M A R YEQUIPMENT S U M M A R Y POMMEL HORSE Features three exercise positions with side bars to perform assisted dips, imparting triceps and shoulder strength with moderate resistance. SKI WALKER The Ski Walker is available as both a single and double unit. It delivers cardiovascular benefits by simulating the cross country skiing motion. It stretches and strengthens the important muscles in the upper thigh and adds the upper body arm action. PUSH-UP BARS This equipment hosts one of the most basic and effective upper body strength exer- cises. The Push-Up Bars are heavy gauge steel built to support a vigorous workout. STATION SIGNS & SIGN BOARDS Information and instructions can be provided by free-standing Station Signs and Sign Boards. Made of the same durable powder coated steel. S W I N G S E T The Swing Set is a favorite playground item! Outdoor Fitness Equipment provides the swing set in commercial grade equipment built of heavy gauge steel. Page 207 of 267 EQUIPMENT SPECIFICATIONS The Outdoor Fitness equipment is made of heavy gauge steel (Q195). It is finished with a high quality pure polyester powder coating for electrostatic application. The anti-rust technique is usually used in the watercraft and is universally applied in the Outdoor Fitness equipment painting process. Quality Assurance Standards - ISO 9001 The factory manufacturing process is ISO 9001 certified. The International Organization for Standardization (ISO) provides a quality assurance protocol made up of 20 sets of quality system requirements. This model applies to organizations that design, develop, produce, install, and service products. It provides industry with an international structure to ensure all operational processes, maintain quality and are consistent and effective. American Society for Testing & Materials Outdoor Fitness equipment meets the ASTM safety performance specification. It provides safety and performance standards for various types of public playground equipment. The American Society for Testing and Materials (ASTM) is a scientific and techni- cal organization that establishes international standards for testing different types of materials, including playground equipment. ASTM also establishes standards for surfacing materials for playground safety Consumer Products Safety Commission: In any public area, accessible to children, The Playground Safety Standards established by The Consumer Products Safety Commis- sion (CPSC) will apply to equipment and installation. The Outdoor Fitness Equipment meets and exceeds the CPSC safety guidelines. 2 YEAR WARRANTY on plastic or compos- ite parts, seats and fittings, bearings, clamps, weight-lift bar and guide tracks, rubber parts. 4-YEAR WARRANTY on steel posts, all welds, bars, bolts, steel structural frame. Outdoor Fitness does not warranty for normal levels of rust. Durability is enhanced with adequate care - much like an automotive finish. Current Prices are also published on the website at: www.outdoor-fitness.com Prices do not include shipping (from Denver, Colorado) or installation. Requested quotation firm for 60-days. Otherwise, prices are subject to change without notice. Outdoor Fitness publishes open and fixed pricing that is the same for all customers. You are guaranteed the best possible price. Please contact us to request a quotation and/or discuss your selection of equipment and fitness goals. WARRANTY INFORMATION Floating Balance System PRICING POLICY Sit-Up Bench Bounding Bars Sitting Rotator Integrated Fitness Appartus Horizontal Bars Quad Spinner & Tai Chi Strength & Stretch BarsSit-Up Board + City of Fort Lauderdale, FL - Parks and Rec. + Silverado High School - Victorville, CA + Fire Department. Eagar, AZ + NASA - Johnson Space Center, Houston, TX + Hillsborough High School - NJ + Tyndall Air Force Base, FL + Birkdale School, Auckland, New Zealand + City of Burlington, NC - Parks and Recreation Dept. + Briarcliff Elementary by Time Warner - Cary, NC + Aramco Oil Company - Abqiaq, Saudi Arabia + Antelope Valley College, Lancaster, CA + Lincoln Park, Oklahoma City + Marine Corp, Kaneohe Bay, Hawaii + University of New Mexico, Gallup Call, e-mail or submit a question through the web site. We Look forward to working with you. CONTACT US:CONTACT US: Outdoor Fitness P.O. Box 1470 Monument, CO 80132 Phone: (719) 488-3812 Toll-Free (US): (877) 517-2200 Fax: (866) 778-5153 E-mail: info@outdoor-fitness.com Web: www.outdoor-fitness.com Horizontal Ladder RECENT INSTALLATIONS: A small sample of our many facilities throughout the U.S. and around the world. Page 208 of 267 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ 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 ‘R2-17’, & ‘RM-5’ the zone symbols of the lands so designated ‘R2- 17’, & ‘RM-5’ 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 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 209 of 267 N56°25'20"W8.49N11°35'44"W34.44N11°25'20"W10.65 A=73.52R=136.00A=61.64R=114.004 1 R - 9 5 7 5P A R T 2P A R T 1L O T 2 4P L A N 1 6 5 3WESTTOWN LINEH A R V E S T AVEN11°25'20"W22.56 N75°0 6 ' 2 5 " W 31.72N42°24'00"W56.91N11°25'20"W 75.14N11°44'14"W 81.69N78°34'40"E 121.98 N11°25'20"W 334.31N78°34'40"E 247.49 N33°33'20"E8.48 N78°34'30"E17.14 SCHEDULE "A" PT LOT 24, PLAN 1653PART 1, REFERENCE PLAN 41R-9575TOWN OF TILLSONBURG AREA CURRENTLY ZONED FD NOTE: ALL DIMENSIONS IN METRESTHIS BY-LAW IS INTENDED TO ENCOMPASSALL OF THE LANDS OF DRAFTPLAN OF SUBDIVISION SB18-02-7. THIS IS SCHEDULE "A" MAYOR - Stephen Molnar CLERK - Michelle Smibert TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2021 TO BY-LAW No.© 25 0 25 50 7512.5 METRES AREA OF ZONE CHANGE TO RM-5 AREA OF ZONE CHANGE TO R2-17 FD RM-5 RM-5 R2-17 RM-5 R2-17 FD FD 2021- 2021- 8 March Page 210 of 267 Page 1 of 5 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ BEING A BY-LAW to adopt policies with respect to the sale and other disposition of land and to repeal By-Law 3549. WHEREAS Section 270 of the Municipal Act, 2001, as amended requires every Council to adopt and maintain policies governing the sale or other disposition of its land, determine the appropriate manner of giving notice, and determine appropriate measures to establish accountability and transparency to members of the public. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. TITLE AND DEFINITIONS In this By-law, unless the context otherwise requires: (a) “Clerk” means the Clerk of the Town of Tillsonburg; (b) “Council” means the Council of the Town of Tillsonburg; (c) “Land” includes buildings; (d) “Local Board” means a municipal service board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (e) “Meeting” means any regular, special Committee or other Meeting of Council or one of the Committees of Council; (f) “Sale” includes a lease of 21 years or longer and a transfer for nil or nominal consideration and “Sell”, “Selling”, and “Sold” shall have a similar meaning; (g) “Town” means The Corporation of the Town of Tillsonburg. 2. SALE OF LAND STANDARD REQUIREMENTS (1) Before selling any land or entering into a binding agreement to sell any land, Council shall: (a) by by-law or resolution passed at a meeting open to the public, declare the land to be surplus, prior to Council determining to dispose the of land; Page 211 of 267 By-Law 2021-___ 2 (b) obtain at least one appraisal of the fair market value of the land or an opinion of value may be considered for smaller parcels of property at the discretion of the Clerk; and (c) give notice to the public in accordance with Subsection 2 (5) below, of the proposed Sale. EXEMPTIONS FROM APPRAISALS (2) The appraisal required by Subsection 1 (b) above shall not be required for the following classes of land: (a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; (b) closed highways if sold to an owner of land abutting the closed highways; (c) land formerly used for railway lines if Sold to an owner of land abutting the former railway land; (d) land that does not have direct access to a highway if Sold to the owner of land abutting that land; (e) land repurchased by an owner in accordance with s.42 of the Expropriations Act; (f) land Sold under ss. 107 (Power to Make Grants) and 108 (Small Business Programs) of the Municipal Act, 2001; (g) easements granted to public utilities or to telephone companies. EXEMPTIONS FROM APPRAISALS, CONTINUED (3) The appraisal required by Subsection 1 (b) above shall not be required for a Sale to: (a) any municipality; (b) a “Local Board” including a school board and a conservation authority; (c) the Crown in right of Ontario or of Canada and their agencies. EXEMPTIONS FROM STANDARD REQUIREMENTS (4) Subsection (1) above does not apply to the following: (a) Land sold under s. 110 (Municipal Capital Facilities) of the Municipal Act, 2001; and (b) Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses. Page 212 of 267 By-Law 2021-___ 3 NOTICE REQUIREMENTS (5) Before selling any land, the Clerk shall give notice to public of the proposed sale, two weeks prior to any consideration by Council, in the following manner: (a) by a single publication in a newspaper that is, in the Clerk’s opinion, of sufficiently general circulation in the area of the land to give the public reasonable notice of Council’s intention; (b) by placing a notice on the property; and (c) by placing notice on the Town’s website. In addition to the foregoing, the Clerk may post the property for sale on the Town’s social media accounts. Council may direct that additional Notice may be given in any other manner than that described above. In the event that the land is not to be sold to a specific purchaser determined by Council to be in the interests of the municipality, the Clerk shall cause a “for sale” sign of reasonable size to be placed on the land on or before the publication of the said notice to the public. Before selling any surplus lands, the Town may circulate documentation identifying the real property to other levels of government or agencies that may be required by law or regulation. CLOSED SESSION (6) Notwithstanding anything in this by-law to the contrary, all tenders, requests for proposals or offers may be presented to Council in Closed Session for deliberation, in accordance with the Municipal Act, unless Council direction has been given to staff to negotiate the sale within certain terms or an alternate method of sale is approved by Council, including the creation and evaluation of criteria to be considered in any disposition. EXEMPT PROPERTY (7) The following circumstances are exempt from the Notice provisions of this bylaw process. (a) The Sale of Lands for Tax Arrears which are subject to the procedures set out in Part XI (Sale of Land for Tax Arrears) of the Municipal Act, 2001. (b) The sale of lands under the Expropriation Act; and Page 213 of 267 By-Law 2021-___ 4 (c) Sales of municipally- owned Industrial land as defined by the Zoning By-Law. ALTERNATIVE PROCESSES FOR SALE (8) (a) Unsolicited offers to purchase the property may be processed on a first come first serve basis after the real property is declared surplus. (b) Council may by resolution direct that real property be sold by tender, request for proposal or direct sale via methods such as with a registered real estate agent or brokerage. (c) When a property is to be sold by tender, expression of interest or request for proposal, the procedures existing at the Town shall be in effect that govern advertising and submission requirements. DISPOSAL OF REAL PROPERTY (9) That disposal of the real property shall be effected by a resolution passed at a regular meeting of Council open to the public after the requirements for public notice have been satisfied. Upon acceptance of offers either through open or closed market, tender or request for proposal, a deposit shall be presented: (a) Shall be accompanied by a deposit in cash or cheque in an amount of 10% of the offered amount or $5,000.00, whichever is greater, payable to the Town of Tillsonburg. (b) Where the offer or tender to purchase is less than $5,000.00 the deposit shall be 50% of the full amount of the offer to purchase. 3. OTHER MATTERS (1) Unless stipulated otherwise, all lands sold by the Town are sold on an “as is” basis. (2) Lands cannot be sold on the promise, either written or oral, by the Town or its officials, of certain zoning or other planning approvals. (3) All external costs associated with the closing of the sale of land, including legal, survey and appraisal costs, will be paid for by the Purchaser, subject to Council’s direction. (4) The Clerk shall establish and maintain, on a regular basis, a public register listing and describing the land owned or leased by the Town, Page 214 of 267 By-Law 2021-___ 5 except for the following classes of land: (a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; (b) all highways, roads and road allowances, whether or not opened, unopened, closed or stopped up; and (c) land formerly used for railway lines. (5) If any agreement was entered into for the Sale or other disposition of land by the Town prior to December 15, 2020, and not closed or completed, the Sale or other disposition may be continued and dealt with in the same manner as would have occurred had it been closed or completed prior to that date. 4. THAT By-Law 3549 is hereby repealed in its entirety. READ A FIRST AND SECOND TIME THIS 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 215 of 267 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-__ 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. WHEREAS 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 to include Emily Crombez as a member of the Tillsonburg Airport Advisory Committee; 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 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 216 of 267 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to authorize an agreement of purchase and sale with North Ridge Realty (2020) Inc. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement of purchase and sale for lands described as Lot 2 in the Van Norman Innovation Park. 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 Lot 2 in the Van Norman Innovation Park, 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 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 217 of 267 Page I AGREEMENT OF PURCHASE AND SALE {the "Agreement" or "APS") BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (the "Vendor") -and- North Ridge Realty (2020) 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 fifty-five thousand Dollars ($55,000) per acre. The estimated area of the Property is two acres and the estimated total Purchase Price is one hundred ten thousand Dollars ($ 110,000), The final total Purchase Price shall be determined by the actual lot area of the Property confirmed by on Ontario Land Surveyor. The final total Purchase Price shall be adjusted based on the determined actual lot area. 3. The Purchase Price shall be paid as follows: (a) Twelve thousand Dollars ($12,000) deposit is payable by the Purchaser by certified cheque upon Acceptance of this Agreement, to be held on an interest free basis by the Solicitor for the Vendor as a 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 II -PURCHASE OF PROPERTY 4. Irrevocable Date (a) This APS shall be irrevocable and open for acceptance by the Vendor until 6:00 p.m . on the gth day of March, 2021 ("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. (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. Buyer's Initials --~Jt/1{/ Js,., Seller's Initials __ _ Page 218 of 267 ( c) The parties agree and acknowledge that negotiation of this APS is not a valid and binding agreement until accepted by the Council of The Corporation of the Town of Tillsonburg . The Chief Administrative Officer of the Town of Tillsonburg , or his or her designate, shall negotiate the terms of this APS in good faith . However, the negotiation of the terms of this APS by the Chief Administrative Officer of the Town of Tillsonburg, or his or her designate, in no ways binds The Corporation of the Town of Tillsonburg until such time as this APS is authorized and approved by the Council of The Corporation of the Town of Tillsonburg. 5. Council Approval (a) This transaction is subject to compliance with Section 270 of the Municipal Act, 2001, S .O . 2001 , c. 25 as amended and the approval of the Council of The Corporation of the Town of Tillsonburg in its sole and absolute discretion by resolution or by-law. 6. Deed/Transfer (a) The Vendor agrees to deed or transfer the Property to the Purchaser subject to the terms of this Agreement. 7. Completion Date (a) The closing of this transaction shall take place within 21 days of the Plan of Subdivision being registered, 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 by April 30 , 2021 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 by June 30, 2021 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 cla ims 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 ex pense . If the Purchaser fails to deliver written notice to the Vendor within the t ime 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". Buyer's lnitials 7 ch10 ~ Seller's Initials --- Page 219 of 267 11. Investigation by the Purchaser (a) The Purchaser acknowledges having inspected the Property prior to executing the APS and understands that upon Acceptance by the Vendor, and subject to any conditions herein, there shall be a binding agreement of purchase and sale between the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at its own expense, any soil bearing capacity tests or environmental inspection, as may be required or desired, and the Vendor shall grant the Purchaser access for such testing or inspection at all reasonable times, on reasonable notice, for the purpose of conducting reasonable inspections. 12. Future Use (a) The Vendor and the Purchaser agree that there is no condition, express or implied, representation or warranty of any kind that the future intended use of the Property by the Purchaser is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. 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. Development Covenants and Restrictions (a) The Property shall be subject to the development covenants and restrictions more particularly set out in Schedule "D" attached to this APS, which shall survive the completion of this transaction and run with the Property. The development covenants and restrictions shall be registered on title by the Vendor. In the event that the said covenants and restrictions are not registered on title to the Property on or before closing, the Purchaser covenants and agrees to consent to the registration of the covenants and restrictions after closing. 16. Property Not for Resal e (a) The Purchaser covenants that it is purchasing the Property for the construction of a building and not for the purpose of resale of vacant land . SECTION IV-PRIOR TO COMPLETION DATE 17. Purchaser May Inspect the Property (a) The Purchaser, its a gents and contractors shall be permitted to ins pect the Prope rty and any buildings as frequently as is reasonably necessary between the date of Acceptance a nd the Completion Da te at reasonable times and upon reasonable notice to the Vendor. 18. In s urance (a) Pending closing, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their intere st may appear a nd in the event of damage to the Property. The Purchaser may e lect to either receive the proceeds of th e insurance and complete the purc hase or to cancel the APS and have all the depos it monies paid to the Vendor returned toge th e r with all interest earned the reon without deduction. SECTION V -COMPLETING THE TRANSACTION Buyer's lnitials_)21t-t~ Seller 's Initials --- Page 220 of 267 19. 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. 20. Electronic Registration (a) The parties agree that the transaction shall be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c.L.4 as amended. The parties acknowledge and agree that the delivery and release of documents may, at the discretion of the lawyer: a) not occur contemporaneously with the registration of the transfer/deed and other registrable documentation, and b) be subject to conditions whereby the lawyer receiving documents and/or money will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers entered into in the form of the Document Registration Agreement adopted by the Joint LSUC-OBOA Committee on Elective Registration of Title Documents. 21 . Survey or Reference Plan (a) The parties acknowledge that a survey may be required and a Reference Plan may be registered on title and may be used to provide a registrable description of the Property and any easements. 22. Letters and Reports from Officials of the Vendor (a) On or before the requisition date, the Vendor agrees to provide to the Purchaser, if requested, at the Vendor's expense, letters or reports from the Building and Zoning Department of the Town of Tillsonburg and the Fire Chief of the Town of Tillsonburg regarding the status of compliance with all codes, by-laws , rules and regulations with respect to the Property and any buildings located thereon . 23. Examination of Title (a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the survey or Reference Plan delivered to the Purchaser. Any required easement shall be in the form set out in Schedule "C". (b) The Purchaser is allowed until June 30, 2021 to examine the title to the Property. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non- compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses. 24. Vendor to Discharge all Encumbrances (a) The Vendor agrees to obtain and register at its own expense, on or before the Completion Date , a discharge of all liens, encumbrances, agreements and mortgages now re gistered against the Property and not assumed by the Purchaser. The Vendor further covenants and agrees to discharge, on or before the Completion Date, any and all liens, chattel mortgages, assignments or any other security interest given by the Vendor against its personal Property. 25. Adjustments (a) The Vendor agrees that all deposits, if any, held by the Vendor not including interest thereon shall be credited to the Purchaser in the Statement of Adjustments prepared for the Completion Date . (b) Any rents, mortgage, interest, ta xes, local improvements, water and assessment rates shall be apportioned and allowed to the Completion Date, the day its elf to be apportioned to the Purchaser. Buyer's Init i al ~ Seller's Initials __ _ Page 221 of 267 26. 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; (ii) any survey or reference plan of the Property in the possession of the Vendor; (iii) a Statutory Declaration by an authorized officer of the Vendor stating that accurateness and truthfulness of all of the representations and warranties; (iv) a Statutory Declaration by an authorized officer of the Vendor as to possession of the Property in a form acceptable to the solicitors for the Purchaser; (v) a Statutory Declaration by an authorized officer of the Vendor that it is not now, and upon completion will not be, a "non-resident person" within the meaning and for the purpose of Section 116 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) as amended; (vi) certified copies of all appropriate certificates, by-laws and other documents of Vendor authorizing the transaction herein; and (vii) such further documentation and assurances as the Purchaser may reasonably require to complete the transaction contemplated by the APS. 27. Harmonized Sales Tax (a) The parties hereto acknowledge and agree that the transaction contemplated herein is subject to the Harmonized Sales Tax (HST) under the Excise Tax Act, R.S.C., 1985, c. E-15 (the "Act") and that the Purchase Price does not include HST. The Vendor shall provide the Purchaser with its HST Business Number. The Purchaser shall pay to the Vendor any HST imposed under the Act payable in connection with the transfer of the Property to the Purchaser, or as it may direct, unless the Purchaser or its nominee, or its assignee, provides: (i) a certificate on or before the Completion Date containing a representation and warranty to the Vendor that: (1) it is registered for the purpose of the HST on the Completion Date and specifying the HST registration number; (2) it will self-assess the HST on its GST/HST return or file the prescribed form pursuant to subsection 228(4) of the Act in connection with the purchase of the Property; (3) the Property transferred pursuant to this APS is being purchased by the Purchaser, or its nominee or assignee, as principal for its own account and is not being purchased by the Purchaser as agent, trustee or otherwise on behalf of or for another person, and does not constitute a supply of residential complex made to an individual for the purpose of paragraph 221 (2)(b) of the Act; (4) an indemnity, indemnifying and saving harmless the Vendor from any HST payable on this transaction and penalty and interest re lating to HST; and (5) a notarial true copy of its HST registration confirma tion . SECTION VI -MISCELLANEOUS 28. Entire Agreement Seller's Initials __ _ Page 222 of 267 (a) There is no representation, warranty, collateral agreement or condition affecting this Agreement of the Property other than expressed herein. 29. 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. 30. Time of Essence (a) Time shall be of the essence of this Agreement. 31. Planning Act (a) This Agreement shall be effective only if the provisions of Section 50 of the Planning Act, R.S.O. 1990, c.P.13, as amended are complied with. 32. Notices (a) All notices in this Agreement shall be in writing and shall be deemed to have been given if delivered by hand or mailed by ordinary mail, postage prepaid, addressed to the solicitor for the person to whom such notice is intended to be given at the following addressed: Solicitors for the Vendor: Duncan, Linton LLP 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 Solicitors for the Purchaser: Jenkins & Gilvesy ATTENTION : Lisa Gilvesy 107 Broadway Till sonburg, ON N4G 3P5 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, s uch notices shall be deemed to have been received on the first business day following the date it was delivered or marked mailed out. 33. Successors and Assigns (a) T he 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 Ve ndor 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 tran saction contemplated by this APS on the Completion Date with such assignee or nominee. The Purchaser is released from all liability hereunder, if it assigns its interest in this APS . This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 34. Schedules (a) The following Schedules shall form a n integral part of this Agreement: Buyer's Initials~ Seller's Initials --- Page 223 of 267 (i) Schedule "A " Description of the Property; (ii) Schedule "B" Conditions; (iii) Schedule C" Easement; and, (iv) Schedule "D" Development Covenants. 35. Acceptance by Fax or Email (a) The Purchaser and Vendor acknowledge and agree that the communication of this Agreement of Purchase and Sale may be transmitted by way of facsimile or electronic mail, and that they agree to accept such signatures and documents to be legal and binding upon them. 36. Counterparts (a) This Agreement may be signed in any number of counterparts, each of which is considered to be an original, and all of which are considered to be the same documents. 37. Severability (a) If any provision of this Agreement, or the application thereof to any circumstances, shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement, or the application thereof to other circumstances, shall not be affected, and shall be valid and enforceable. 38. Access and Services (a) The parties acknowledge and agree that the road (Clearview Drive South) and municipal services (to the lot line) shall be installed by the Vendor on the Completion Date, or if not on the Completion Date within sixty (60) days of the Completion Date. Buyer's lnit i als0 6~ ~ Seller's Initials --- Page 224 of 267 IN WITNESS WHEREOF the Purchaser has executed this Agreement: Dated at Tillsonburg , Ontario this 22nd day of February 2021. North Ridge Realty (2020) Inc. Per: Linda M. Carpani . . y,m &-y?a/~ Name: Linda M . Carpani Title· Name: ron Carpani Title: Vice President 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 ______ , 2021. IN WITNESS WHEREOF the Vendor has executed this Agreement: 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. Buyer's Initials~ Selle r's Initials --- Page 225 of 267 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 Lot 2. Concession 5 North of Talbot Road , and to be described by a new reference plan: \ ' \ ~ e.o~c Buyer's lnitialsj h'l(., ~ Seller's Initials -- Page 226 of 267 SCHEDULE "B" -PURCHASER CONDITIONS 1. Should registration of the Plan of Subdivision be delayed, the Town of Tillsonburg agrees to enter into a separate agreement with the Purchaser enabling access to the subject lands in order to enable the Purchaser to start construction and meet its commitments with respect to tenant agreement. Buye r 's Initials t};tA,A/ ~ / Sell e r's Initials --- Page 227 of 267 SCHEDULE"C"-EASEMENT TERMS AND PROVISIONS OF THE EASEMENT: I. The Owner hereby grants, conveys and confirms to The Corporation of the Town of Tillson burg (the 'Town"), its successors and assigns, in perpetuity, the free, uninterrupted and undisturbed right and easement to enter upon the lands herein described at any time for the purposes of constructing, installing and maintaining all municipal services of any kind (including water distribution pipes and sanitary and storm sewers) in, under, over and upon the said lands, and with the further and continuing right to the Town, its successors and assigns, and its servants, agents and workers to enter upon the lands at any time to construct, repair, correct, operate, replace and maintain at all times in good condition and repair the municipal services and for every such purpose the Town shall have access to the said lands at all times by its agents, servants, employees and workers. 2. The Town covenants and agrees that, upon completion of any work undertaken hereunder, the Town will restore the areas of land upon which it has performed work to the same condition as that in which the lands were found prior to the commencement of the work. 3. The Owner covenants with the Town to keep the lands herein described free and clear of any trees, buildings, structures or other obstructions which may limit the use, operation, repair, replacement or maintenance of the easement and to use the lands herein described only in a manner and for purposes not inconsistent with the exercise of the rights created by this indenture and without limiting the generality of the foregoing, only as a yard, lawn, garden, flowerbed, roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything which might injure any of the works of the Town hereon. The term "building" as set out herein shall specifically include any window sills , chimney breasts, cornices, eaves or other architectural features projecting from the first floor of the building but shall not include window sills, chimney breasts, cornices, eaves or other architectural features projecting from the second floor of the building by less than two (2) feet and such second floor projections shall be specifically authorized and allowed to encroach upon the lands herein described. 4. The Town , by the acceptance and registration of the within easement, agrees to be bound by the terms and provisions contained herein. 5. The burden and benefit of this easement shall run with the lands herein described and shall extend to and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. This is an easement in gross. 7 . The location of the easement (if required) shall be specified as a PART or PARTS on the Reference Plan. Buyer's lnitials :;;~11,e..: (!.--Selle r's Initials --- Page 228 of 267 1. Title Control SCHEDULE "D" DEVELOPMENT COVENANTS (a) The owner or owners of the property (the "Owner") upon which these development covenants attach (the "Property") covenants and agrees that it may not use the Property for its intended use and may not retain ownership of the Property unless the Owner has constructed a building for such use including obtaining a building permit for a permanent building with a minimum building coverage of sixteen percent (16%) of the total area of the Property. The Owner further covenants and agrees to commence construction of a permanent building on the Property which complies with the permitted uses of the Property's zoning within one (1) year of the date the Owner took title to the Property being the date of registration of transfer (the "Completion Date") and to substantially complete the construction of the said building in conformity with an approved site plan within two (2) years from the Completion Date of this transaction. (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 does not comply with the provisions of subclause 1.a) above within the periods therein specifically set out or within the Extended Time, the Owner, will, at the option of the Town of Tillsonburg by notice in writing to the Owner, re-convey good title to the Property to the Town of Tillsonburg, free and clear of all encumbrances, in consideration for payment by the Town of Tillsonburg to the Owner of 90% of the purchase price paid by the Owner to the Town of Tillsonburg for the conveyance of the Property in the first instance (the "Discounted Consideration "). The re-conveyance shall be completed within sixty (60) days of the notice set out in this subclause. The Town of Tillsonburg shall be allowed to deduct from the Discounted Consideration all of its rea sona ble costs, realty commiss ion and legal fees incurred with respect to the original conveyance of the Property by the Town of Tillsonburg to the Owner, as well as the costs of the Town of Tillsonburg in re-acquiring the Property, including without limitation , realty commission, registration costs , land transfer tax , legal fees and such oth e r costs as reasonably incurred by the Town of Tillsonburg. The Town of Till sonburg shall not be required to pay for any improvements that may have been made, constructed , installed or performed by the Owner on the Property. (d) Subject to subclause 1.c) above , t he Owner covenants that it will not sell the Property or any part thereof to any person, firm or corporation without first offering, in writing, to se ll the Property to th e Town of Tillsonburg for consideration equ al to or less than the con sideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property less the costs of the Town of Tillsonburg incurred in re-acquiring the Property, including without limitation , real estate commiss ion , land transfer tax, registration costs, legal fees and such othe r costs as reasonably incurred by the Town of Tillsonburg, provided however that the Owner may sell or transfer the Property to a subsidiary or affiliate corporation as defined in the Business Corporations Act, R.S .O. 199 0, c.B.16 as amended , provided su c h subsidiary assumes and confirm s its acceptance of the within covenants and re strictions and expressly undertakes in writing to comply with them in such form as the Town of Tillsonburg may require. The Town of Tillsonburg shall have ninety (90) days from the receipt of a n offer made by the Own er under this subc lause, to accept such offer which accepta nce shall be in writing . If the Town of Tillsonburg does not accept an offer to sell made by the Owner under th e provi sions of this subcla use, the Town of Till sonburg 's right to re purchase the Property so offered shall terminate. Howeve r, the remaining provisions of this clause 1 as w ell as othe r provisions herein shall continue in full force and effect. The limitation contained in thi s subclause, will ex pire upon the Owner fulfilling all of the building require ments as set out in subclaus e 1.a ) and 1. b) a bove . 2. Town of Till sonburg Option on Vacant Portion of Land Buyer's Initial ~~!// Pc r Se ller's Initials --- Page 229 of 267 (a) The Town of Tillson burg shall have the option to repurchase such vacant portion of the Property not used by the Owner for the construction building( s) thereon provided such land is not reasonably ancillary to the Owner's use and occupation of the said building. (b) This option shall only be exercisable if the Owner has not constructed permanent buildings with a minimum building coverage of thirty percent (30%) of the total area of the Property. (c) The option shall be exercisable by the Town of Tillsonburg for consideration equal to the per square foot consideration paid by the Owner to the Town of Tillsonburg in the original conveyance of the Property. Any costs incurred by the Town of Tillsonburg in re-acquiring the subject portion of the Property, including without limitation, real estate commission, land transfer tax, registration costs, legal fees and such other costs shall be at the cost of the Town of Tillsonburg. (d) This option expires ten (10) years from the Completion Date. 3 . Development Standards (a) The Owner shall not construct and maintain 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 terra cotta; ceramic veneer; precast concrete panel; aluminum; bronze; steel with protective glazed enamel; or, porcelain finish and subject to approval by the Town of Tillsonburg , in their sole and absolute discretion, acting reasonably , through the Town's Site Plan Approval process. (b) The Owner shall not use the Property unless any portion of any area of the Property to be used for open storage shall not be left so that any area is unenclosed, and any such areas shall be enclosed and designed so that the storage area is not visible from any municipal street. No storage shall be permitted within any set back area as set out in the Town of Tillsonburg Zoning By-Law, nor in front of any building or structure facing any municipal roadway. (c) 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. 4 . 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 or the provisions of the agreement of purchase and sale between the Owner and the Town of Tillsonburg and that the Owner will require every subsequent purchaser or every successor in title to assume and acknowledge the binding effect of this document, as well as, covenant to observe and comply with the Restrictions and other covenants herein, and the surviving provisions of this Agreement of Purchase and Sale. 5. Force Majeure (a) If the Owner shall be unable to fulfill, or shall be delayed or re stricted 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, 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 . 6 . Right to Waive Buyer's Initials /211 u ~ .? Seller's Initials --- Page 230 of 267 (a) Notwithstanding anything herein contained, the Town of Tillsonburg and its successors shall have the power by instrument or instruments in writing from time to time to waive, alter or modify the herein covenants and restrictions with respect to their application to any part of the Property without notice to or approval from the Owner or notice to or approval from the owners of any other adjacent or nearby lands. Buyer's Initials>'~/// ./--Seller's Initials __ _ Page 231 of 267 Page 1 of 20 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ Being A By-law to establish a fire department. WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act; AND WHEREAS Section 9 of the Municipal Act, S.O. 2001, c. 25, as amended provides that Sections 8 and 11 shall be interpreted so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate and (b) enhance their ability to respond to municipal issues; AND WHEREAS Part II, Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended, permits the council to enact a by-law to establish a fire department to provide fire protection and fire prevention services and for participating in an emergency fire services program c.25, s.475 (2); AND WHEREAS the corporation of the Town of Tillsonburg has established a fire department commonly known as Tillsonburg Fire & Rescue Services; AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, c 25, as amended, authorizes a municipality by By-law to impose fees or charges on any class of persons for services or activities provided or done on behalf of the municipality and for the use of the municipality’s property, including property under its control; BE IT THEREFORE ENACTED by the Municipal Council of the corporation of the Town of Tillsonburg, as follows: 1. Definitions: In this by-law, unless the context otherwise requires, the following terms shall have the meanings indicated: Approved: Shall mean approved by the Council. Automatic Aid: Shall mean any agreement under which a municipality agrees to provide an initial response to fires, rescues and emergencies that may occur in part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or a municipality agrees to provide a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of another municipality. Community Emergency Management Coordinator (CEMC): Shall mean the Community Emergency Management Coordinator responsible for the coordination of persons and systems respecting emergency management planning activities including the maintenance of and training for prevention, mitigation, preparedness, response and Page 232 of 267 By-Law 2021-___ Page 2 of 20 recovery plans in order to reduce the impact on the community in the case of a major emergency, in accordance with the Emergency Management and Civil Protection Act, R.S.O. 1990,c.E.9 Chief Administrative Officer: Shall mean the person appointed by council to act as chief administrative officer for the corporation. Chief Officer: Shall mean a general term which may refer to the Fire Chief, Director of Emergency Services, Deputy Fire Chief(s) or any qualified person as delegated by the Fire Chief and Director of Emergency Services to act as chief officer respecting matters of command and control of any emergency operation or situation, as required. Company: Shall mean a complement of firefighting personnel operating one or more pieces of apparatus under the supervision of an officer. Corporation: Shall mean the Corporation of the Town of Tillsonburg. Council: Shall mean the Council of the Town of Tillsonburg. Deputy Fire Chief, Alternate CEMC: Shall mean the person or persons appointed by council to act on behalf of the Fire Chief of the fire department in the case of an absence or a vacancy in the office of Fire Chief and who is qualified to act as CEMC in the case of an absence or a vacancy in the office of the CEMC. Emergency System: Shall mean a sprinkler system, standpipe system, fire extinguishing system, smoke control system, emergency power system, fire pump system, voice communication system or any other device monitored through a fire alarm system. Fee or Fees for Service: Shall mean in relation to this by-law and any other by-law pertaining to fire protection services, as amended from time to time or any successor by-law thereto, means any fee imposed for services and billed pursuant to the above as approved by Council. Fire Chief, (CEMC): Shall mean the person appointed by by-law and such Fire Chief shall be the senior administrator and general manager of the fire department, and for the purposes of the FPPA shall be the Fire Chief and Chief Fire Official of the Municipality whose duty it shall be to perform all statutory functions of the Fire Chief and Chief Fire Official, and shall perform such other duties as prescribed by Council and is also responsible for the coordination, administration and maintenance of the Tillsonburg Emergency Management Program. The Fire Chief shall report to council as required by the Fire Protection and Prevention Act, 1997 and in accordance with the provisions established by the Emergency Management and Civil Protection Act,R.S.O. 1990,c.E.9. The Fire Chief shall be responsible for all duties and responsibilities relegated by the FPPA and EMCPA. Fire Department: Shall mean the fire department of the Town of Tillsonburg also known as Tillsonburg Fire and Rescue Services and shall include the Fire Chief, the Page 233 of 267 By-Law 2021-___ Page 3 of 20 Deputy Chief(s), Platoon Chief(s), Division Heads, Fire Captain(s) and all firefighters appointed by the council. Firefighter: Shall mean the Fire Chief and any other person employed in, or appointed to the fire department and assigned to undertake fire protection services, and in cludes a volunteer firefighter. Fire Protection and Prevention Act, 1997 (FPPA): Shall mean the Fire Protection and Prevention Act 1997, S.O. c.4, as amended and any Regulation made under it. Fire Protection Services: Shall mean those services provided within the divisions of fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services. Full-time Firefighter: Shall mean a person regularly employed in the fire department on a full-time salaried basis and assigned exclusively to fire protection services. Malicious Act: Shall mean a wrong act done intentionally by any person without just cause or excuse. Member: Shall mean a full-time firefighter, volunteer firefighter and officer of Tillsonburg Fire and Rescue Services, but excludes the Fire Chief, Deputy Fire Chief, and any other administrative staff assigned to the fire department. Motor Vehicle: Shall mean the same as prescribed in the Highway Traffic Act R.S.O. 1990 c. H.8, as amended. Mutual Aid: Shall mean a program to provide or receive assistance in the case of a major emergency in a municipality. Non-resident: Shall mean a person who is neither a property owner nor a tenant of property within the Town of Tillsonburg. Nuisance False Alarm: Shall mean the activation of a fire alarm system through a mechanical failure, equipment malfunction, improper installation of the system, or failure to maintain the system as prescribed by the Fire Code, being O.Reg. 388/97, as amended, but does not include the activation of a fire alarm system where the activation occurred as a result of the accidental damage to the system. Officer: Shall mean the Fire Chief, Deputy Fire Chief(s), Platoon Chief(s), Fire Captain(s) and any other such person as may be designated an officer from time to time by the Fire Chief. Owner: Shall mean any person, firm or corporation having control over any portion of a building yard or other property under construction and includes persons of that building, yard or property as prescribed by O. Reg. 388/97, as amended (The Ontario Fire Code). Page 234 of 267 By-Law 2021-___ Page 4 of 20 Platoon: Shall mean two companies of personnel operating two or more pieces of apparatus under the supervision of a Chief Officer. Property: Shall mean any public or private real property within the Town of Tillsonburg including buildings, structures, and erections of any nature and kind in or upon such lands, but excludes real property owned by the Federal or Provincial Crown. Rescue and Emergency Services: Shall mean any life or property saving activity that is unrelated to fire suppression and fire prevention but include emergency medical services, hazardous materials response and specialized rescues including vehicle extrication, technical rope rescue, high / low angle rescue, confined space rescue, water & ice rescue, trench rescue, specialized electrical rescue and elevator rescue and any other rescue or activity approved by council and specified in Appendix C of this By-law. Volunteer Fire Fighter: Shall mean a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. 2. Establishment The fire department for the Town of Tillsonburg and commonly known as Tillsonburg Fire and Rescue Services is hereby established under the direction of the Fire Chief to provide fire protection services and such other approved rescue and emergency services for the Town of Tillsonburg in accordance with Part II, Sections 2. (1), (2) & (3) of the FPPA, as outlined in the Public Fire Safety Guideline, PFSG 04 -12-13, Schedule A of this By-Law. 3. Composition Approved Organizational Chart The fire department shall be structured in conformance with the approved Organizational Chart, Schedule B, forming part of this By-law. The fire department shall consist of a Fire Chief who is the head of the fire department as appointed by council and such numbers of Deputy Fire Chiefs, Platoon Chiefs, Division Heads, Fire Captains, Fire Fighters and clerical staff as may be authorized or considered necessary from time to time by the Council, in order for the Fire Department to perform fire protection services, rescue and emergency services for the municipality in an efficient and effective manner. Further, the provision of fire protection services and other rescue and emergency services to any municipality outside of the territorial jurisdiction of the Town of Tillsonburg is permissible through Automatic Aid, Mutual Aid, this By-law or any other agreement between said municipality and the Corporation of the Town of Tillsonburg. 4. Fire Chief Responsibilities and Authority a) The Fire Chief shall be the head of the Fire Departme nt and shall report to the council as required by the FPPA, through the Chief Administrative Officer and be responsible for the proper administration and efficient and effective operation of the fire Page 235 of 267 By-Law 2021-___ Page 5 of 20 department including the delivery of approved Programs and Services and is generally responsible for the following operational matters: 1) For the care and protection of all property belonging to the fire department; 2) For arranging the provision of necessary and proper facilities, apparatus, equipment and supplies for the fire department; 3) For determining and establishing in conjunction with the Council through the Chief Administrative Officer, the qualifications and criteria for employment or appointment and the duties of all officers, firefighters and administrative staff of the fire department; 4) For the conduct and discipline ranging from reprimand to dismissal of any officer, member or administrative services staff person of the Fire Department; 5) For preparing, or upon approval by the council, coordinating, impleme nting and maintaining a Master Fire Services Plan and program for the municipality, and any other such similar plans required by the Fire Protection and Prevention Act, and any other such Act or Regulation as may be proclaimed by the Government of Ontario and the Government of Canada; 6) For assisting with any other public official in an emergency declared by the Head of Council, the Premiere of Ontario, or the Prime minister of Canada; 7) For reporting to the appropriate crown attorney, or other prosecutor, or l aw enforcement or other officer the facts upon the evidence in any case in which there is reason to believe that a fire has been the result of criminal intent or negligence or in which there is reason to believe an offence has been committed under the Fire Protection and Prevention Act, 1997; 8) 8) For keeping an accurate record, in convenient form for reference, of all fires, inspections, rescues and other emergencies responded to by the Fire Department in a manner consistent with the applicable records mana gement policies of the Town of Tillsonburg; 9) For keeping such other records as may be required by the council; 10) For preparing and presenting periodic reports to the Council through the Chief Administrative Officer as requested and any other specific reports requested by the Council; and, 11) For preparing and presenting the annual business plan and estimates of the Fire Department to the Council through the Director of Finance and for exercising control over the budget approved by the Council for the Fire Department. b) The Fire Chief shall further take all proper measures for the prevention, control and extinguishment of fires and the protection of life and property and the management of emergencies within the territorial jurisdiction of the municipality p rovided that such general orders, policies, procedures, rules, regulations and other measures do not conflict with the provisions of this By-law or any other By-law of the municipality, and shall exercise all powers mandated by the Fire Protection and Prevention Act, and without restricting the generality of the foregoing shall be empowered to authorize: Page 236 of 267 By-Law 2021-___ Page 6 of 20 1) pulling down or demolishing any building or structure to prevent the spread of fire, and 2) all necessary actions which may include boarding up or barricadin g of buildings or property to guard against fire or other danger, risk or accident, when unable to contact the property owner, and 3) recovery of expenses incurred by such necessary actions for the corporation in the manner provided through the Municipal Act and the Fire Protection and Prevention Act. c) The Fire Chief shall be responsible for the enforcement of this By-law and the development and enforcement of all general orders, policies, standard operating guidelines, procedures, and rules and regulations established under this By-law and for the enforcement of any other by-laws of the corporation respecting the administration and operation of the Fire Department, and shall review periodically such laws and may, for this purpose, establish advisory committees consisting of officers and other persons (including members of the general public) as the Fire Chief and Director of Emergency Services may determine necessary from time to time to assist him in the discharge of this duty. d) The Fire Chief shall periodically review, revise or terminate, as required general orders, policies, procedures and rules of the fire department. e) In the case of by-laws, including this By-law, recommend to the Council through the Chief Administrative Officer, such amendments, as the Fire Chief considers appropriate. f) The Fire Chief shall have all powers, rights and duties assigned to a Fire Chief under the Fire Protection and Prevention Act, 1997, including without limitation the authority to enforce compliance with the Fire Code made under this Act. g) The Fire Chief shall provide liaison with any association or union representing members of the Fire Department. h) The Fire Chief shall provide liaison with the Office of the Fire Marshal and Emergency Management of Ontario and any other office or organization as required by the council or as considered necessary or advisable by the Fire Chief for the proper administration and efficient operation of the Fire Department and the effective management of fire protection services for the corporation. i) The Fire Chief may utilize such officers, members and administrative staff of the Fire Department as the Fire Chief and Director of Emergency Services may determine, from time to time, to assist in the performance of his duties. j) Where Fire Chief designates a member to act in the place of himself or another officer in the fire department, such member, when so acting, has all of the powers and shall perform all duties of the officer replaced. 5. Authority to leave municipal limits Page 237 of 267 By-Law 2021-___ Page 7 of 20 The fire department shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to a fire or emergency: a) that, in the opinion of the Fire Chief or designate of the fire department, threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality, b) in a municipality with which an approved agreement has been entered into to provide fire protection services which may include automatic aid, c) on property with which an approved agreement has been entered into with any person or corporation to provide fire protection services, d) at the discretion of the Fire Chief, to a municipality authorized to participate in any county, district or regional mutual aid plan established by a fire coordinator appointed by the fire marshal or any other similar reciprocal plan or program, e) on property beyond the municipal boundary where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate department is notified to respond and assume command or establish alternative measures, acceptable to the fire chief or his designate. 6. Deputy Fire Chief In addition to the Fire Chief, the Council shall appoint a Deputy Fire Chief. The Deputy Fire Chief shall be the second ranking officer of the Fire Department and shall be subject to and shall obey all orders of the Fire Chief and shall perform such duties as are assigned by the Fire Chief, and shall, when the Fire Chief is not available, have the powers and perform the duties of the Fire Chief. 7. Divisional responsibilities designated by chief Each division of the fire department is the responsibility of the Fire Chief and is under the direction of the Fire Chief or a member designated by the Fire Chief. Designated members shall report to the fire chief on divisions and activities under their supervision and shall carry out all orders of the Fire Chief. 8. Supervision of Personnel The officers, members and other administrative services staff personnel of the Fire Department while on duty shall be under the direction and control of the Fire Chief or the next ranking officer. 9. Eligibility for Employment Every applicant and every probationary member of the Fire Department Suppression Division shall: a) Be at least 18 years of age; Page 238 of 267 By-Law 2021-___ Page 8 of 20 b) Complete and successfully pass written and verbal examination suitable to the Fire Chief; c) be in good health, physically fit, acquire a medical certificate of good health from a medical practitioner, prior to commencement of employment; d) once employed, possess and demonstrate to the satisfaction of the Fire Chief the ability to safely endure the physical demands typically required for structural firefighting, including such psychomotor skills used for lifting, climbing, dragging, carrying, pulling and crawling in unfavourable conditions in any meteorological environment; e) obtain within a timeline approved by the Fire Chief, at a minimum an Ontario Class D, driver’s permit and once employed continually maintain the same and complete an air brake endorsement; f) work and reside within such reasonable proximity to the fire department in order to respond to the fire station when called so as to efficiently and effe ctively attend emergent and non-emergent alarms in such a timely fashion, suitable to the satisfaction of the Fire Chief and able to maintain the minimum attendance levels as required by general orders, policies, standard operating guidelines, procedures, rules and regulations made under this By-law; g) provide proof through certified instrument acceptable to the Fire Chief a record free of any and all conviction for an offence or offences under the Criminal code of Canada and once employed maintain same or be subject to dismissal. 10. Probationary Period for New Employees Persons hired as probationary firefighters to the Fire Department shall be on probation for a period of 12 months, during which period they shall take such special training and examination, as may be required by the Fire Chief. 11. Dismissal - Probationary Employees If a probationary member employed in, or appointed to, fire protection services fails any such training and examinations or his or her prescribed duties, the Fire Chief may dismiss said member pursuant to corporate policy and procedure. 12. Appointment of Member Following the successful completion of the probation term, the Fire Chief may recommend to the Council through the Chief Administrative Officer. The appointment of the qualified person, as a member of the Fire Department, subject to the hiring policies of the Town of Tillsonburg. 13. General Duties and Responsibilities Members shall conduct themselves in accordance with rules and regulations of the Fire Department, established by Schedule C of this By-law and shall give their whole and Page 239 of 267 By-Law 2021-___ Page 9 of 20 undivided attention, while on duty, to the efficient operation of the Fire Department and shall diligently and faithfully perform the duties assigned to them to the best of their ability. 14. Remuneration, Terms and Conditions of Employment Working conditions, remuneration and other terms of conditions of employment or appointment of the Fire Chief, Deputy Fire Chief, officers, Fire Fighters and members of administrative services shall be determined by the council. 15. Discipline and Suspension of members The Fire Chief may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders, policies, standard operating guidelines, procedures, departmental rules or regulations that, in the opinion of the fire chief, would be detrimental to discipline or the efficiency of the fire department. 16. Written Report to Council Following the suspension of a member, the Fire Chief shall immediately report, in writing, the suspension and recommendation to the Council through the Chief Administrative Officer. 17. Termination procedures The procedures for termination of employment prescribed in the corporation’s personnel Policy shall apply to all firefighters. 18. Fees for Service The Council hereby establishes certain fees for service(s) as set out in the Town's current Rates and Fees By-Law. 19. General This by-law comes into effect the day it is passed by the Council, in the manner appropriate to the municipality. 20. Repealed By-Law 3190 is repealed on the date this By-law is passed by the Council. Page 240 of 267 By-Law 2021-___ Page 10 of 20 21. Schedules Schedules A, B, and C are deemed to be an integral part of this By-law. READ A FIRST AND SECOND TIME THIS 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. ___________________________ MAYOR – Stephen Molnar _____________________________ CLERK – Michelle Smibert Page 241 of 267 By-Law 2021-___ Page 11 of 20 Schedule A: Approved Delivery of Core Services Emergency Response: 1. basic firefighting - no expected rescue component – Approved 2. structural firefighting including rescue – Approved 3. vehicle firefighting – Approved 4. grass, brush, forestry firefighting – Approved 5. marine firefighting – Not Applicable 6. automatic aid – Approved 7. mutual aid – Approved 8. tiered medical response – Approved 9. awareness level hazardous materials – Approved 10. operations level hazardous materials – Approved 11. technician level hazardous materials – Not Approved 12. vehicle accidents – Approved 13. vehicle extrication – Approved 14. transportation incidents involving vehicles, trains, aircraft and watercraft – Approved 15. water and ice - shore based – Approved 16. water and ice - water entry – Approved 17. water and ice - boat – Approved 18. public assistance – Approved 19. ambulance assistance – Approved 20. police assistance – Approved 21. public utilities assistance – Approved 22. community emergency plan participation – Approved 23. urban search and rescue - light – Approved 24. urban search and rescue - heavy – Not Approved 25. High angle rescue – Approved 26. confined space - operations level – Approved 27. trench rescue – operations level – Approved 28. Machinery rescue – Approved 29. role as Assistant to Fire Marshal re suppression – Approved Fire Prevention and Public Education: 1. selection of appropriate programs – Approved 2. role of chief fire official – Approved 3. role of Assistant to Fire Marshal re prevention – Approved 4. input into fire prevention policy development – Approved 5. code development input – Approved 6. development of fire prevention by-laws – Approved 7. inter-action with building department(s) – Approved 8. inter-action with other government agencies – Approved Page 242 of 267 By-Law 2021-___ Page 12 of 20 9. inspection practices, including  complaints inspections – Approved  conducting routine inspections per fire prevention policy – Not Approved  dealing with code compliance issues (mandated) – Approved  enforcing municipal by-laws – Approved  conducting inspections, preparing reports and issuing written responses to requests – Approved  issuing permits – Approved 10. public education practices, including  providing routine education programs as per fire prevention policy – Approved  facilitating smoke alarm initiatives – Approved  providing access for media – Approved  delivery of specialized programs – Approved 11. fire investigation practices, including  determining cause and origin – Approved  assessing code compliance – Approved  assessing fire suppression effectiveness – Approved  determining compliance with building standards – Approved  determining effectiveness of built-in suppression features – Approved  interacting with OFM investigator – Approved  supporting criminal prosecutions – Approved  consulting with police and other agencies – Approved  providing forensic services – Not Applicable 12. plans examination and approval practices, including  examining and approving new construction plans – Not Approved  examining and approving renovation plans – Not Approved  reviewing and approving sub-division/development agreements – Approved  reviewing and approving site plans – Approved  providing on-site inspection of approved plans to determine compliance – Approved  issuing occupancy permits – Not Approved 13. preparation for and appearances in court – Approved 14. systems checking, testing and approval – Approved 15. compile, analyze and disseminate functional statistics – Approved 16. consultation with architects, engineers, planners, contractors and building trades – Approved Fire Administration: 1. planning & growth practices, including  master planning – Approved Page 243 of 267 By-Law 2021-___ Page 13 of 20  evaluating programs and services – Approved  projecting station locations and reallocations – Not Approved  determining staffing levels and assignments – Approved  coordinating with other emergency services – Approved  coordinating development with other community departments – Approved  coordinating with other Counties/Districts/Regions – Approved 2. financial & records analysis practices, including  coordinating use of information from suppression activities – Approved  coordinating use of information from fire prevention activities – Approved  transitional adjustments for capital stock – Approved  input into level of service issues (based on available funding) – Approved  developing, controlling and monitoring budgets – Approved  coordinating with department divisions – Approved  identifying alternative sources of revenue and fees for services – Approved  operating – Approved  capital – Approved  purchasing – Approved 3. records management, including  note taking – Approved  records retention – Approved  freedom of information legislation – Approved 4. human resources practices including  recruitment, selection and retention – Approved  promotion – Approved  performance evaluation – Approved  career development and higher education – Approved  job classifications – Approved  secondary employment – Not Applicable 5. client/customer relations practices, including  preserving local identity – Approved  enhancing fire department image – Approved  marketing – Approved  environmental scanning, anticipating pressures and developing communication strategies – Approved  enhancing public perception of access to fire department staff – Approved  developing inter-agency relationships 6. health and safety practices, including communicable diseases – Approved Communications/Resource Centre: Page 244 of 267 By-Law 2021-___ Page 14 of 20 1. dispatch practices, including  liaising with dispatch centres – Approved  providing access points for operational supervisors – Approved  receiving emergency calls – Approved  dispatching of appropriate resources – Approved  providing on-going resources to operation during emergency – Approved  compiling emergency response data and inputting of information in data bases – Approved  sharing data with other department divisions – Approved  sharing data with other municipal departments – Approved  accessing information from other sources – Approved 2. technology issues including  maintaining and repairing communications systems and components (both routine and emergency) – Approved  providing technical support – Approved  developing specifications for radios, pagers, telephones, and computers – Approved  providing interface capability with other data syste ms, e.g. assessment, building department, roads departments – Approved Training & Education: 1. program development practices, including  developing trainer facilitators – Approved  coordinating core curriculum – Approved  developing specialized staff development programs – Approved  suppression – Approved  prevention – Approved  administration – Approved  communications – Approved  maintenance – Approved  support services – Approved  developing succession training programs – Approved  developing self-directed learning programs – Approved 2. providing access to training facilities, including  coordinating access to facility – Approved  delivering hands-on training to staff – Approved 3. station training practices, including  delivery of curriculum specific to discipline's needs – Approved  supervisory training drills – Approved  providing support and direction – Approved Page 245 of 267 By-Law 2021-___ Page 15 of 20 4. development, approval and delivery of incident management and accountability systems and procedures – Approved 5. co-ordination, development, approval and distribution of standard operating guidelines for various disciplines – Approved Maintenance: 1. fleet and equipment maintenance practices, including  maintaining fleet and equipment (both routine and emergency) – Approved  providing annual testing programs – Approved  mechanical worthiness – Approved  Ministry of Labour requirements – Approved  pump capacity and certification – Approved  specification development – Approved  acceptance testing and approval of new apparatus and equipment – Not Approved  maintaining specialized equipment, e.g. SCBA – Approved  central supply facility – Not Approved 2. facilities maintenance, including  maintenance of station infrastructure – Approved 3. providing input re design and construction considerations for fire stations – Not Approved Support Services (shared municipal/fire department functions): 1. purchasing practices, including  bulk purchasing through local and area organizations – Not Approved  developing standardized specifications for all apparatus and equipment – Not Approved 2. financial practices, including  financial analysis – Approved  liaising with other area departments – Approved  coordinating day to day financial services – Not Applicable  arranging long term funding – Not Applicable 3. risk management practices, including  assessing changing risk – Approved  operationalizing risk management into every function – Not Approved  providing insurance – Not Approved  prevention planning – Not Approved  risk avoidance – Not Approved  loss control – Not Approved  loss reduction – Not Approved  separation and diversification of losses – Not Approved Page 246 of 267 By-Law 2021-___ Page 16 of 20  risk transfer – Not Approved 4. human resources practices, including  developing recruitment and retention programs – Approved  specializing in fire service legislation and related issues – Approved 5. co-ordination with other agencies for shared infrastructure, including  municipal water system development – Not Approved  maintenance and access to water supply – Not Approved LEGEND Approved: Presently trained, equipped, and providing service Not Approved: Not a present level of service approved by Council Not Applicable: Service not required in the geographical boundaries of the Town of Tillsonburg Page 247 of 267 By-Law 2021-___ Page 17 of 20 Schedule B: Organizational Chart Tillsonburg Fire and Rescue Services 2 Full-time Firefighters 30 Volunteer (Paid on Cal) Firefighters Full time and Part time Communicators Mayor and Council Chief Administrative Officer Fire Chief (CEMC) Deputy Fire Chief, Alternate CEMC FIRE COMM Communicators First Platoon Platoon Chief 1 Fire Captain Alpha Company 1 Acting Captain 5 Firefighters Fire Captain Bravo Company 1 Acting Captain 5 Firefighters Second Platoon Platoon Chief 2 Fire Captin Charlie Company 1 Acting Captain 4 Firefighters Fire Captain Delta Company 1 Acting Captain 5 Firefighters Special Operations Captain Techinical Rescue Team Page 248 of 267 By-Law 2021-___ Page 18 of 20 Schedule C: General Duties and Responsibilities Fire Chief: In addition to the roles and responsibilities established by this By-law, the Fire Chief will act in accordance with all policies and procedures as established by the Council, and is responsible for the general competencies and performance outcomes for the position of Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Council. The Fire Chief reports to the Municipal Council through the Chief Administrator. Deputy Fire Chief: In addition to the roles and responsibilities established by this By- law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Deputy Fire Chief is responsible for the general competencies and performance outcomes for the position of Deputy Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Fire Chief. The Deputy Fire Chief will perform the role of the Fire Chief in his/her absence. The Deputy Fire Chief holds a leadership and administrative role in the department and takes a leadership role in managing employee performance and development. As part of the Officer’s Committee the Deputy Chief will be involved in decision making as well as provide input into the general administration of the department. As an Assistant to the Fire Marshal, the Deputy Fire Chief will carry out the duties as regulated by the Fire Protection and Prevention Act and other related legislation. The Deputy Fire Chief will promote fire safety within the community through the administration of the public education program and is responsible for conducting fire safety inspections to ensure the fire prevention program meets its legislated obligations. The Deputy Chief assists in the coordination and delivery of the department’s training program as required. The Deputy Fire Chief is the Alternate Community Emergency Management Coordinator (CEMC), and acts as the CEMC in the absence of the Fire Chief/CEMC. The Deputy Chief is responsible for the supervision of Fire Communicators and/or Fire Fighters and provides input on department policies, guidelines, goals and objectives, as well as the annual budget. The Deputy Chief will participate in strategizing and executing short and long term divisional goals and objectives involving project, business and budget planning. Page 249 of 267 By-Law 2021-___ Page 19 of 20 The Deputy Fire Chief will be on call and carry a paging device to ensure immediate response to an emergency 24 hours per day, in rotation with the Fire Chief if required. The Deputy Chief as directed responds to alarms to support and/or participate in all phases of firefighting and emergency operations. The Deputy Fire Chief participates in the development and implementation of the department’s training program and may prepare and conduct training sessions for personnel and the public. The Deputy Fire Chief reports to the Fire Chief Platoon Chief: In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief. The Platoon Chief is responsible for the general competencies and performance outcomes for the position of Deputy Fire Chief as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Fire Chief. The Platoon Chief assists as directed in managing and leading volunteer firefighters both at the station and at emergencies, and in particular to have responsibility for the direction and management of their assigned Platoon. Platoon Chiefs may assume command of incidents in accordance with the department's Incident Command procedure and guidelines. Platoon Chiefs provide leadership to their direct reports and peers and assist in the continual development and implementation of operational plans and procedures. The Platoon Chief may actively promote and deliver, as directed, training and safety programs and exercise some independence of judgment and action in carrying out directed responsibilities in accordance with the Department's policies, plans and objectives. The Platoon Chief will be part of the rotational on-call as “Duty Officer” to be available as a resource for Fire Communications and Fire Operations divisions and other duties and responsibilities as may be assigned. The Platoon Chief reports to the Deputy Fire Chief. Company Officer (Captain): In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Company Officer is responsible for the general competencies and performance outcomes for the position of Company Officer as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Fire Chief. Page 250 of 267 By-Law 2021-___ Page 20 of 20 The Captain reports to the Platoon Chief. Firefighter: In addition to the roles and responsibilities established by this By-law, and all general orders, policies, standard operating guidelines, and rules and regulations of the Fire Department established under the authority of this By-law and any other duties assigned by the Fire Chief, the Firefighter is responsible for the general competencies and performance outcomes for the position of Firefighter as outlined in the National Fire Protection Association Professional Qualifications (NFPA Pro-Qual) Standards unless otherwise determined to be not applicable by the Fire Chief. The Firefighter reports to the Company Officer. Page 251 of 267 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-___ A BY-LAW to enter into an airport hanger land lease agreement with Karl Szordykowski of Kangible Inc. and to repeal By-Law 4309. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an airport hanger land lease agreement with Karl Szordykowski of Kangible Inc. for Taxiway G1 Lot 1 at the Tillsonburg Regional Airport. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg. 3. THAT By-Law 4309 is hereby repealed in its entirety. 4. THAT this By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 8th day of MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021. _____________________________ MAYOR – Stephen Molnar ______________________________ CLERK – Michelle Smibert Page 252 of 267 TILLSONBURG AIRPORT HANGAR LEASE This Lease is made this 17 day of February 2021 (the "Effective Date"). BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG -and - Karl Szordykowski Kangible Inc. 210 Byerlay Side Road Delhi, Ontario N4B 2W6 (the "Landlord") (the "Tenant") WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated, lying and being in the Township of South West Oxford in the County of Oxford, being compromised of: PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1, 2, 3, 4 & 5, 41R2877, PT 2 & 3, 41R2714, PT 1, 2 & 3, 41R4343, PT 1, 2, 3 & 4, 41R4545; SIT 406551; SOUTH- WEST OXFORD; PIN: 00016-0089 (LT); LRO #41; municipal address being 244411 Airport Road, Tillsonburg, ON N4G 4H1; referred to herein as the "Property", the "Airport" or the "Tillsonburg Airport" upon which is located the Tillsonburg Airport which is owned and operated by the Landlord. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto respectively covenant and agree as follows: 1. LEASED PREMISES (1) The Leased Premises shall consist of a portion of the Tillsonburg Airport identified as Taxiway G1 Lot #1 on the plan attached as Schedule "A", being the area upon which the Tenant's airplane hangar shall be located plus one (1) metre of land extended beyond the exterior perimeter of the Tenant's airplane hangar building (the "Leased Premises"). (2) Notwithstanding the above, the Landlord reserves the right to assign an alternate lot to the Tenant on thirty (30) days' written notice at any time prior to the commencement of construction of the Tenant's hangar. (3) The Landlord covenants and agrees to the construction by the Tenant of an airplane hangar on the Leased Premises being a Hangar, (the "Hangar") subject to the provisions of Schedule "B". The Tenant shall complete the construction of the Hangar at its sole cost and expense. (4) The Landlord covenants and agrees that the Hangar on the Leased Premises is not owned by the Landlord but is owned by the Tenant. 2. GRANT OF LEASE (1) The Landlord leases the Leased Premises to the Tenant: (a) at the Rent set forth in Section 3; (b) for the Term set forth in Section 4; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein including schedules. (2) The Landlord covenants that it has the right to grant the leasehold interest in the Leased Premises free from encumbrances except as disclosed on title. 3. RENT (1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section and includes Additional Rent. (2) The Tenant covenants to pay to the Landlord, during the Term of this Lease rent as Landlord's Initials ___ _ Tenant's Initials f&4 Page 253 of 267 2 follows (the "Base Rent"): for every year of the Term, the total sum of $1080.00 per annum (based upon $0.30 per square foot of Hangar building area) plus H.S.T., and any other applicable services tax which may accrue on account of the Landlord collecting rent, payable yearly in advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1" then Base Rent for the first year of the term shall be prorated until December 31 of the initial year. Base Rent shall then be due on 1'1 day of the year commencing on January 1'1, 2021 and every 1" day of January thereafter. The Parties further agree that the Landlord may, in their sole and absolute discretion, increase the Base Rent annually in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. If the square footage of the Hangar on the Leased Premises expands then the Base Rent shall accordingly increase in proportion to the addttional square footage. (3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Tenant to the Landlord or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional Rent") whether or not specifically designated as such in this Lease. (4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Landlord and that the Landlord shall not, during the Term of t.his Lease, be required to make any payments in respect the Leased Premises other'tti_~m charges of a kind personal to the Landlord (such as income and estate taxes and ~rtgage payments) and to effect the said intention of the parties the Tenant promises: " (a) to pay as Additional Rent: business taxes, real estate taxes and licenses if applicable; (b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended, as Additional Rent for such expenses incurred by the Landlord for the maintenance and servicing of the Airport; and, (c) to pay the Landlord a one-time capital recovery charge, based on actuals, for the Landlord to construct the associated hangar apron, if applicable; and, (d) to pay for or provide servicing and maintaining the Leased Premises and the Hangar and shall include the following: (i} all utilities and services including, but not limited to, electricity, water, sewage, natural gas and propane. The Tenant acknowledges that connection fees for utilities and services are entirely at the Tenant's cost Further, the Tenant acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Landlord to provide connections, utilities or services to the Leased Premises or that the services or utilities can be extended to the Leased Premises; (ii) snow removal and landscaping on the Leased Premises including cutting the grass and weed control of the Leased Premises including the one (1) metre area around the perimeter of the Hangar; (iii) all repair, service and maintenance to the Hangar including reasonable wear and tear; and, (iv) to pay airport infrastructure fees in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as amended. (5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided for herein. (i} The Tenant on behalf of itself/himself/herself/themselves, its/his/her/their heirs, executors, administrators and assigns, including its/his/her/their successors in title, hereby covenants and agrees to indemnify and save harmless the Landlord from all actions, cause of actions, suits, claims, demands, damages, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever make brought or prosecuted, including legal fees, which the Landlord may incur or have to pay, which may arise either directly or indirectly by reason of any activity, actions, performance, negligence or non-performance of the Tenant, its employees, servants, agents, contractors, subcontractors, architect, landscape architect, engineer, surveyor, planner, consultant, project manager or any other person the Tenant is responsible for at law during the duration of this Agreement; in executing the Works under this Agreement; by reason of installation of any Works required under this Agreement; by the failure of the Tenant to complete the installation of the Works required under this Agreement; because of or on account of the ownership, construction, use existence, or maintenance of the property described in the Agreement; by the exercise of the Tenant's powers under this Agreement; the construction, maintenance or the improper or inadequate construction, installation and/or maintenance of the Works; any act or omission of said parties while undertaking the Works; or by reason of the neglect of the Tenant or tts employees, servants, agents, Landlord's Initials ___ _ Tenant's Initials Page 254 of 267 3 contractors, subcontractors or others for whom the Tenant is responsible at law. (ii) Without limiting the generality of the foregoing, the Tenant agrees to indemnify and save harmless the Landlord for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any taxiway within the Airport, or by reason of the failure, neglect or omission of the Tenant to do anything agreed to be done pursuant to this Agreement or by reason of any act or omission of the Tenant, including failure of the Tenant to comply with the Construction Act. (6) Additional Rent shall be payable yearly in advance on the same dates stipulated for payment of Base Rent in Section 3 (2). (7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Landlord and shall be delivered to the Landlord at the Landlord's address for service set out in Section 17 or to such other place as the Landlord may from time to time direct in writing. (8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord's bank plus two (2) per cent. (9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord's right to recover any Rent owing. 4. TERMS AND POSSESSION (1) The Tenant shall have possession of the Leased Premises for a period of twenty years, ten months (the "Term"), commencing on the 17 of February, 2021 and ending on the 1st day of January, 2042. (2) The Tenant shall pay any and all connection costs for hydro, gas, water, heating, air- conditioning and for all other services and utilities as may be provided to the Leased Premises. The Tenant shall arrange with the local authority for connection of gas, electricity and water in the name of the Tenant. Nothing in this paragraph or lease is a warranty or representation by the Landlord that any utilities or services are extended to the Leased Premises or can be extended to the Leased Premises. (3) Subject to the Landlord's rights under this Lease, and as long as the Tenant is in good standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Leased Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. 5. ABATEMENT OF RENT DURING CONSTRUCTION PERIOD (1) So long as the Lease has been fully executed, the Tenant has provided the Landlord with proof of the Tenants insurance, and the Tenant has paid the first and last month's Rent to be held as a deposit, the Landlord shall provide the Tenant with possession of the Leased Premises for a period of up to six (6) months commencing on the Effective Date for the purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall be applicable from the Effective Date save and except for the payment of Rent, Base Rent and Additional Rent which shall be payable as of the first day of the month of occupancy of the Hangar or the expiry of the six (6) month construction period whichever occurs first. (2) In the event the Tenant has not completed construction of the Hangar within the six (6) month construction period, the Landlord, in its sole and absolute discretion, may extend the construction period upon written request of the Tenant or terminate this Lease of which then the Tenant's deposit provided in Section 5 (1) would be forfeited. 6. ASSIGNMENT (1) The Tenant shall not assign this Lease or sublet the whole or any part of the Leased Premises unless they first obtain the consent of the Landlord in writing, which consent shall not unreasonably be withheld and provided the sub-Tenant and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Tenant hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Tenant to assign this Lease or sublet the Leased Premises without the Landlord's consent. Landlord's Initials ___ _ Tenant's Initials Page 255 of 267 4 (2) The consent of the Landlord to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Landlord to any assignment or other disposition of the Tenant's interest in this Lease or in the Leased Premises shall not relieve the Tenant from its obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. (4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred in any manner to a person other than the Tenant, then such transferee shall be bound by the terms and conditions of this Lease. 7. USE (1) During the Term of this Lease the Leased Premises shall not be used for any purpose other than as an aircraft hangar for the storage, repair and operation of airplanes, without the express consent of the Landlord given in writing. The Tenant shall not construct a new hangar or any other building on the Leased Premises except in accordance to the terms of this Lease. (2) The Tenant shall not do or permit to be done at the Leased Premises anything which may: (a) contravene any Airport use, standards, or tenant policy as established by the Landlord from time to time; (b) cause damage to the Leased Premises; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Leased Premises; (e) constitute a breach of any by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and, (f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant's, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order. (3) The Tenant shall: (a) (b) (c) (d) (e) (f) (g) (h) (i) U) (k) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably; comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft; not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas; not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft; not perform aircraft repair or maintenance outside of the Leased Premises; not start any aircraft in the Hangar; not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement; not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products; notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld; comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant's contractors, employees, agents, customers and invitees; and, provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar. Landlord's Initials ___ _ Tenant's Initials K~ Page 256 of 267 5 (4) The Tenant covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Parties. (5) The Tenant shall be permitted to construct and maintain one (1) aircraft hangar (the "Works") on the Leased Premises as follows: (a) the dimensions of the Hangar shall be 60 feet by 60 feet for a total floor area of 3600 square feet; (b) the style of the Hangar shall be either a pole barn style building or a metal frame building; (c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with current Airport standards as approved by the Landlord; (d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12") structural sub-base to the satisfaction of the Landlord; (e) any construction or renovation shall comply with the construction requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule "B" to this Lease and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; (f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord; (g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost of the Tenant; (h) obtain all necessary permits, as applicable, at the expense of the Tenant; and, (i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs. (6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or through the Hangar apron area, defined as 6 metres wide and 20 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without contribution of the Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the Landlord from any and every claim which may or might arise out of the proper exercise by the Tenant of any of the rights granted herein. 8. CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Required Already Constructed) (1) The Tenant hereby undertakes to complete the work herein in accordance with the timeframes set out in the Schedule "C" (the "Construction Schedule"). The Tenant shall submit a proposed construction schedule which shall be subject to amendments and approval by the Landlord and attached hereto as Schedule "C". A variance to the timeframes will only be allowed if approved in writing by the Landlord. Failure to comply may result in the Tenant being in default of this Agreement and the Landlord may seek remedy pursuant to this Agreement. (2) The Landlord approved work shall be carried out by the Tenant in a proper and professional manner so as to do as little damage or disturbance as possible to the Airport lands or the Airport's infrastructure. The Tenant shall repair and make good all damage and disturbance that may be caused to the Airport lands or the Airport's infrastructure, to the satisfaction of the Landlord, acting reasonably, at the sole expense of the Tenant. (3) During construction, the works to be carried out by the Tenant, shall be maintained in all respects in a state of good repair by the Tenant, including keeping the site in a sound, neat, safe and clean condition to the satisfaction of the Landlord. If the site is not kept in a state of good repair, upon seven (7) business days written notice to the Tenant (or such shorter time as may be required in the case of an emergency or other urgent matters or Landlord's Initials ___ _ Tenant's Initials i'(',£ Page 257 of 267 6 as otherwise provided herein), the Landlord shall have the right to do any work necessary to fulfill this condition and all costs incurred by the Landlord shall be recovered from the Tenant and may be recovered as Additional Rent. 9. REPAIR AND MAINTENANCE (1) The Tenant covenants that during the term of this Lease and any renewal thereof, the Tenant shall keep the Leased Premises and Hangar in good condition including all alterations and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Tenant shall be responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Landlord's, or its agent's, contractor's and employee's negligence or intentional actions, at no time is the Landlord responsible for any repairs or damage to the Hangar or the Leased Premises. (2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Leased Premises including the Hangar to examine the condition thereof and view the state of repair at reasonable times: (a) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; and, (d) if the Tenant refuses or neglects to keep the Leased Premises including the Hangar in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted to enter the Leased Premises and Hangar, including by its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord's entry and repairs. If the Landlord makes such repairs the Tenant shall pay the cost of them immediately as Additional Rent. (3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state of good repair and subject to the conditions contained in this Article 9(3). The Tenant may remove the Hangar provided the Tenant places the Leased Premises back into a similar condition as it was in prior to the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or upon termination of this Lease if the Tenant is in arrears of any rent whatsoever the Tenant agrees that the Landlord shall be permitted to register such lien on the Hangar under the Personal Property Security Act and possession of the Hangar will not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal fees. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Leased Premises including the Hangar from any cause. (5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage, including damage to property or personal injury, as a result of the Tenant's use of the Leased Premises, Airport or Property and the Tenant hereby waives any cause of action in law, equity or by statute as against the Landlord for any loss. The Tenant acknowledges that it shall not institute any claim or make any demand against the Landlord, or anyone that may claim indemnity from the Landlord, for any personal injury or damage to property, including aircraft, as a result of the Tenant's use (including storage) of the Hangar, Airport or Property. The Tenant acknowledges that the use of the Airport, Hangar or Property is at its own risk. (6) The Tenant hereby forever releases the Landlord from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other Tenant and/or user of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Tenant or its agents, customers, employees, contractors or invitees. 10. ALTERATIONS AND ADDITIONS (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule "B" and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations. Landlord's Initials Tenant's Initials f!!.cJ. ---- Page 258 of 267 7 (2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration. (3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises. (3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar's front and provided it complies with the Landlord's signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing. (4) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant. (5) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both. (6) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property. 11. INSURANCE (1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord at all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Leased Premises, Airport and Property or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Leased Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Tenant shall carry insurance in its own name insuring against the risk of damage to the Tenant's property and the Hangar within the Leased Premises caused by fire or other perils. (3) The Tenant shall carry such general liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00) dollars in limits of each occurrence with respect to the Leased Premises and Tenant's occupation of the Leased Premises. Such insurance policy shall contain no airport site exclusion. (4) All insurance policies in this Section 11 including this Article shall name the Landlord, where applicable, as an insured and loss payee and the policy shall include a cross- liability endorsement. All policies shall be applicable as primary insurance, taking precedence over any other insurance protection owned by the Landlord. The Tenant shall insure that each insurance policy contains a waiver of subrogation rights which the insurer may have against the Landlord and the persons for whom is legally responsible. (5) Upon demand of the Landlord, the Tenant shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Landlord. If any policy of insurance is canceled the Tenant shall inform the Landlord without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out in this Section 11. Under no circumstances shall delivery of and review by the Landlord of any certificate set forth or any insurance policy or any other proof of existence of the insurance coverage release the Tenant of its obligations to take out insurance in strict compliance with the present provisions or constitute a waiver in favour of the Tenant of any of the Landlord's rights. 12. ACTS OF DEFAULT AND LANDLORD'S REMEDIES (1) An Act of Default has occurred when: Landlord's Initials ___ _ Tenant's Initials 1(' ef. Page 259 of 267 8 (a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date that payment was required to be paid to the Landlord; (b) the Tenant has breached its covenants or failed to perform any of its obligations under this Lease for a period of 45 consecutive days and: (i) the Landlord has given ten (10) days' notice specifying the nature of the default and the steps required to correct it; and, (ii) the Tenant has failed to correct the default as required by the notice; (c) the Tenant has: (i) become bankrupt or insolvent or made an assignment for the benefit of creditors; (ii) had its property seized or attached in satisfaction of a judgment; (iii) had a receiver appointed; (iv) committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord's property; or, (v) taken action with a view to dissolution or liquidation; (d) any required insurance policy is cancelled or not renewed by reason of the use or occupation of the Leased Premises, or by reason of non-payment of premiums; (e) the Leased Premises: (i) has become vacant or remain unoccupied for a period of 180 consecutive days. For the purposes of this section the Parties agree that the terms "vacant and "unoccupied" shall mean no use or utilization of the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or, (ii) is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord; (f) failure to install or remedy faulty work, if, in the opinion of the Landlord the Tenant: i. is not proceeding or causing to be proceeded the works required in connection with this Agreement within thirty (30) days' of notice given; or ii. is improperly performing the works; or iii. has neglected or abandoned before the completion, or unreasonably delayed the same, so that conditions of this Agreement are being violated or carelessly executed or being carried out in bad faith; or iv. has neglected or refused to renew or again perform such work as may be rejected by the Landlord as defective or unsuitable; or v. has defaulted performance of the terms and conditions of this agreement; then, in any such instance, the Landlord shall promptly notify the Tenant, in writing, of such default or neglect and if such notification be without effect within ten (10) business days after such notice, the Landlord shall thereupon have full authority and power to purchase materials and employ workers and machines for the proper completion of the works at the cost and expense of the Tenant. The cost of such work shall be calculated by the Landlord whose decision shall be final and be paid to the Landlord by the Tenant on demand. Should payment not be received following the issuance of an invoice from the Landlord, the Landlord shall collect same as Additional Rent in addition to any other remedy available to the Landlord. It is further understood and agreed between the parties hereto that such entry upon the Premise shall be as an agent for the Tenant and shall not be deemed, for any purposes whatsoever, as an acceptance of the works by the Landlord. (2) When an Act of Default on the part of the Tenant has occurred: (a) the current year's Rent together with the next years' Rent shall become due and payable immediately; and, (b) the Landlord shall have the right to terminate this Lease and to re-enter the Leased Premises and deal with them as it may choose. (3) If, because an Act of Default has occurred, the Landlord exercises its right to terminate this Lease and re-enter the Leased Premises prior to the end of the Term, the Tenant shall nevertheless be liable for payment of Rent and all other amounts payable by the Tenant in accordance with the provisions of the Lease until the Landlord has re-let the Leased Premises or otherwise dealt with the Leased Premises in such manner that the cessation of payments by the Tenant will not result in Joss to the Landlord and the Tenant agrees to be liable to the Landlord, until the end of the Term of this Lease for payment of Landlord's Initials T errant' s Initials ---- Page 260 of 267 9 any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Tenant pays to the Landlord. (4) If when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Leased Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant and to recover the costs as Rent. (5) If, when an Act of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. 13. TERMINATION UPON NOTICE AND AT END OF TERM (1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale: (a) The Landlord shall have the right to terminate this Lease, notwithstanding that the Term has not expired, by giving ninety (90) days' notice (the "Notice") in writing to the Tenant and, at the Tenant's option, the Landlord shall pay to the Tenant the fair market value for the Hangar or the Tenant agrees to remove the Hangar and comply with Articles 9(3) and 10(5) of this Lease. Upon expiry of the Notice the Tenant shall provide vacant possession of the Leased Premises provided the Landlord pays to the Tenant a bonus of $500.00. For the purposes of this Article and Articles 13(3) and 13(4) fair market value shall be determined as of the date of the issuing of the Notice. (2) If the Tenant remains in possession of the Leased Premises after termination of this Lease as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the Landlord shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the Term is not renewed then upon expiry of the Term or if the Tenant is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this Lease. (3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the Landlord shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year's prior written notification (the "Notice") if the Leased Premises are required for any reason or purpose of the Landlord in which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Tenant shall provide such vacant possession upon the expiry of the Notice provided the Landlord pays to the Tenant a bonus of $500.00. (4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord shall be granted the Right of First Refusal to purchase the Hangar (the "Option"). The Tenant covenants that it will not sell the Hangar, or any part thereof, to any person, firm or corporation, without first providing the Landlord to exercise its Option as set out in the terms of this paragraph. Upon the Tenant receiving a bona fide offer in writing (the "Third Party Offer'') the Tenant shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer and the Landlord shall have twenty business days (the "Notice Period") from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If the Landlord exercises its option in the Notice Period then it must inform the Tenant at the Property in writing that it will purchase the Tenant's interest in the Hangar on the same terms and conditions, or more favourable terms to the Tenant at the Landlord's discretion, as contained in the Third Party Offer (the "Landlord's Offer"). If the Landlord exercises its Option in the Notice Period then the Tenant must sell the Hangar to the Landlord upon the terms and conditions as contained in the Landlord's Offer. If the Landlord does not exercise its option in the Notice Period then the Tenant shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any modifications are made to the Third Party Offer then the Landlord shall be permitted to exercise its option pursuant to the terms of this paragraph. For the Landlord's Initials ___ _ Tenant's Initials Jl:2., Page 261 of 267 10 purpose of this paragraph, if the Tenant is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Tenant by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party then the Landlord will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Landlord to accept any amendment of the term or new term. 14. ACKNOWLEDGMENT BY TENANT (1) The Tenant agrees that it will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a statement in writing certifying: (a) that this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified); (b) the amount of Rent being paid; (c) the dates to which Rent has been paid; (d) other charges payable under this Lease which have been paid; (e) particulars of any prepayment of Rent or security deposits; and, (I) particulars of any sub tenancies. 15. SUBORDINATION AND POSTPONEMENT (1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the Leased Premises form part, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Landlord's interest in the Property. (2) Upon the request of the Landlord the Tenant will execute any form required to subordinate this Lease and the Tenant's rights to any such charge, and will, if required, attorn to the holder of the charge. (3) No subordination by the Tenant shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Leased Premises by the Tenant as long as the Tenant performs his obligations under this Lease. 16. RULES AND REGULATIONS The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the Tenant's authority or permission to abide by such reasonable rules, standards and regulations of the Airport and/or Property which shall form part of this Lease and as the Landlord may make and/or amend from time to time. 17. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Landlord at: Tillsonburg Regional Airport Attn: Airport Administrator 244411 Airport Rd South-West Oxford, On N4G 4H1 Fax: 519-842-3445 To the Tenant at the Leased Premises or at: Karl Szordykowski Kangible Inc. 210 Byerlay Side Road Delhi, Ontario N4B2W6 519-536-5275 (2) The above addresses may be changed at any time by giving ten (10) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease Landlord's Initials ___ _ Tenant's Initials !J(.cf7. Page 262 of 267 II shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed. 18. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the Property of which the Leased Premises form part without consent of the Landlord. 19. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine, feminine or neutral gender shall include the other genders, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word "Landlord" and the word "Tenant" wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. (3) When there are two or more Tenants bound by the same covenants herein contained, their obligations shall be joint and several. 20. MISCELLANEOUS (1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in common and unreserved. (2) If a dispute should arise between the Parties in the interpretation of this Agreement then both parties agree that such dispute shall be referred to binding arbitration and be bound by the result of such arbitration. The terms, form and procedure of the arbitration shall be in accordance with the Arbitration Act or any successor legislation. The parties further agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to award costs of the arbitration. This clause shall not apply if the Tenant is in default under the terms of the Lease which include but are not limited to: (a) its obligations to pay Rent, Base Rent and/or Additional Rent; (b) non-repair or maintenance of the Leased Premises; (c) subleased the Leased Premises without the authorization of the Landlord, acting reasonably; (d) changed its use of the Leased Premises; or, (e) used the Leased Premises in any manner contrary to Article 7. (3) In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. (4) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford, Ontario. (5) The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease and seek independent legal advice. (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and it's schedules constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (8) The Tenant agrees that it has not relied upon any representation, promise or warranty of the Landlord with respect to the condition of the Leased Premises, Hangar or any representation or promise of the Landlord to repair, renovate or otherwise alter the Landlord's Initials ___ _ Tenant's Initials i!.{if. Page 263 of 267 12 Leased Premises in any manner prior to or after commencement of the Term. The Parties agree that the Leased Premises are being offered to the Tenant in an "as is" condition. The Tenant shall not call on or demand the Landlord to perform any repairs or renovations prior to or after it obtains possession. The Tenant acknowledges that it has performed its own due diligence in establishing the state of repair of the Leased Premises including the Hangar. In Witness of the foregoing covenants the Landlord and the Tenant have executed this Lease. Witness Landlord's Initials ___ _ Per: Landlord Stephen Molnar, Mayor The Corporation of the Town of Tillson burg Landlord Michelle Smibert, Clerk The Corporation of the Town of Tillson burg We have authority to bind the Corporation. Karl Szordykowski Tenant Tenant's Initials t::r:' Page 264 of 267 i ~ !:;' E ~ l ~ s. ~ ~ "Tl a 3 0 ::!. fQ :I !!!. ~ Cil CD 3 CD :I ... [;' t " g: " ( • " ~ I~ ® ® ~:.~f';..'"(~ @) ' ~;:i %~ ~I J 11 ~ UAii': '"JIM~"(J( r..:tM;"p/t;l!I" EX. U/G HYDRO TO BE LOCATED ANO PROlECTEt> Al AU. TIMES DURING CONSTRUCTION ACTI\11Y "'""'1¥-----------"r-----_-_-_---_--_ ---_-----·---?r..3g I.. ~ r-,, ~ li' I "*'' 1 "·""' ·1 !ji--i: ....1.·~ -T-~ 111.~· ~ Cm20 212.20 ---:5.6' PROP. HANGAR APRON Id ----------. ;:,,'::,u I ~ ~ s ti \~ •• ,, ' i<. u;;~~u § "~:L-r ~.D/W The Cori1oration of the Town of'l'illsonburg 011cr11tions Scr\iccs Enginecdng Dct>artnu.'!ll l!.OD }lmulway, Suill! 20-1 'Cillsonburg, ON N4G sA7 Tel: (519) 688-3009 lm~v.Ullsonbmg.m &J:xig; t#.:.'il} I v~ic .. u--------1 ~~ :er I I I I I I "'" PROP. HANGAR 1e.2em x 18.29m (6D' x 60') , ____ i:i __ _ LEASE: UMl't 1'1'.) __ -=:) TILLSONBURG AIRPORT TAXIWAY G1 -LOT 1 PROPOSED HANGAR SITE SERVICING & GRADING PLAN ~~1::-."'"'-'?'iffl-'if? ! ! ' " 1:250 (m) I -t :c .... m :i: m -t ... "' Ill r-CJ) >< m 0 m 0 ~· )> ~ :i: ::r m CJ) CD m c :;; Ill m c. -c c: '< c c "' "Cl ,... G) i»" ;o m .... \I m ~ r-;:a s :i> Cii 0 m m ... s: , "' .... (ij ' lliEli> I m 1. ""'-'l:ts DENOlES EXISTING GRADE ~ 2. Rl.24 DENOlES PROPOSED GRADE 3. ~1.24 DENOTES PROPOSEO GRADE 4. ~l.U:.4 DEtlOTES PROPOSED GRAD£' 5, ~U~4 DENOTES PROPOSED GRADE 6, m.24 DENOlES~~ij~ FLOOR " " DENOlES £X CATOlBASIN ·-'~ ~· IDl§-11$-IS IXliJAAti'Mo. SQ!EOULE 'A' ,,,,.---FIG. 1 ..----to0-19 Page 265 of 267 14 SCHEDULE "B" Not Required as Hangar is already Constructed Landlord's Initials ___ _ Tenant's Initials ;!!!:£ Page 266 of 267 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-029 A BY-LAW to confirm the proceedings of Council at its meeting held on the 8th day of March, 2021. 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 March 8, 2021, 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 8th DAY OF MARCH, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF MARCH, 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 267 of 267